Flood History Information Act of 2026
- Bill Number
- H.R. 7355
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Finance and Financial Sector
- Status
- Introduced
- Latest Action
- 2026-02-04: Referred to the House Committee on Financial Services.
- Last Updated
- 2026-02-20T16:58:25Z
AI-Generated Summary
Purpose
The Flood History Information Act of 2026 aims to improve transparency and risk assessment in flood insurance by allowing the Federal Emergency Management Agency (FEMA, referred to as the "Administrator") to share specific policy and claims data from the National Flood Insurance Program (NFIP) with qualified insurance companies and provide flood history details directly to property buyers, renters, and owners. This promotes better underwriting, premium setting, and informed decision-making about flood risks without compromising privacy.
Key Provisions
- Data Exchange Program: FEMA must share NFIP policy and claims information with insurance companies that sign a data-sharing agreement. Eligible data includes:
- Property location (address and coordinates).
- Coverage amounts.
- Loss dates and claim payouts.
- Other relevant details deemed necessary by FEMA.
- Data-Sharing Agreements: These require insurance companies to:
- Use data only for underwriting (evaluating risks for policies), setting premium rates, and adjusting claims; marketing is prohibited.
- Share their own policy and claims data with FEMA in a specified format.
- Follow additional terms set by FEMA for data use, storage, and accountability.
- Access for Individuals: Upon request, FEMA provides property-specific information to buyers, renters (lessees), or owners, including:
- Number and value of past claims (from NFIP or private policies), causes of loss, and overall claims history.
- Whether federal disaster aid received previously requires mandatory flood insurance purchase (under the Flood Disaster Protection Act of 1973).
- Additional details to accurately describe the property's flood risk.
- Privacy Protections: Data disclosures are treated as "routine uses" under the Privacy Act of 1974, allowing sharing from government records while maintaining safeguards.
- Fees: FEMA may charge fees to participating insurance companies to cover program costs, deposited into the National Flood Insurance Fund; no fees for individual property owners requesting information.
- Definitions: Clarifies terms like "insurance company" (those meeting federal standards for flood insurance), "lessee" (renter or sublessor), and "purchaser" (buyer of property interest).
Significant Changes to Existing Law
This bill amends Section 1313 of the National Flood Insurance Act of 1968 by:
- Restructuring the section to include new subsections on data exchange, individual access, privacy, fees, and definitions.
- Expanding FEMA's authority to share NFIP data with private insurers via agreements, which was not previously mandated.
- Introducing reciprocal data sharing, requiring insurers to provide their data to FEMA.
- Adding direct access rights for property stakeholders to flood history, including private policy claims, beyond prior limited disclosures.
- Establishing fee mechanisms and explicit privacy exemptions, formalizing processes that were previously more restricted or ad hoc.
Potential Impacts
- On Government Agencies: FEMA gains tools for better flood risk data collection and management, potentially reducing program costs through improved insurer collaboration and fund deposits from fees. It may increase administrative workload for agreements and requests.
- On Citizens: Property buyers, renters, and owners in flood-prone areas benefit from clearer flood history disclosures, enabling informed purchases or leases and awareness of insurance mandates, which could prevent unexpected costs from hidden risks.
- On Insurance Markets: Private flood insurers can access NFIP data for more accurate pricing and claims handling, potentially stabilizing the market and encouraging broader coverage options.
- On International Relations: Minimal direct impact, as the bill focuses on domestic flood insurance; however, it could indirectly support U.S. disaster resilience, aligning with global climate adaptation efforts.
Main Stakeholders Affected
- FEMA and NFIP Administrators: Responsible for implementing data sharing, agreements, and disclosures.
- Private Insurance Companies: Gain access to data but must comply with strict use limits and reciprocal sharing.
- Property Owners, Buyers, and Renters: Receive free access to personalized flood risk information to aid decisions.
- Federal Disaster Aid Recipients: Affected by reminders of ongoing insurance requirements tied to past aid.
- Communities in Flood-Prone Areas: Indirectly benefit from enhanced risk awareness and insurance market efficiency.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces compliance with the Privacy Act by designating disclosures as routine uses, balancing transparency with data protection; expands NFIP's scope to include private insurer data, potentially setting precedents for inter-industry information sharing in regulated sectors like insurance.
- Constitutional: Supports due process by providing individuals access to government-held information affecting property interests, without raising significant privacy (Fourth Amendment) concerns due to built-in safeguards.
- Political: Promotes bipartisan goals of disaster preparedness and insurance affordability (introduced by representatives from both parties); could face debate over data privacy versus risk mitigation, especially in politically sensitive flood-vulnerable regions, but avoids major controversies by limiting commercial uses.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Garbarino, Andrew R. [R-NY-2]
Recent Actions
- 2026-02-04: Referred to the House Committee on Financial Services.
- 2026-02-04: Introduced in House
- 2026-02-04: Introduced in House
Bill Versions
- Flood History Information Act of 2026 — issued 2026-02-04 — PDF (6 pages)