U.S. Department of Homeland Security
Federal Emergency Management Agency
Intergovernmental Affairs Division
Intergovernmental Affairs Advisory
February 5, 2014
NATIONAL FLOOD INSURANCE PROGRAM AND THE CONSOLIDATED APPROPRIATIONS ACT OF 2014
On January 17, 2014, the President signed the Consolidated Appropriations Act of 2014 (the Omnibus). Title V, Division F, Section 572 of the Omnibus prohibits the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program (NFIP) from implementing Section 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141), codified at Section 1308(h) of the National Flood Insurance Act 42 U.S.C. § 4015(h).
Today, the NFIP is providing a bulletin to its private sector, Write Your Own insurance company partners on the Omnibus’ impacts on implementing provisions of the Biggert-Waters Flood Insurance Reform Act.
Biggert-Waters directed the NFIP to take steps to remove a variety of existing flood insurance subsidies and to make other changes to move toward a stronger, more financially sound program. The Omnibus prevents the implementation of Section 100207, which directed FEMA to ensure that certain property's flood insurance rates reflect its full risk after a Flood Insurance Rate Map (FIRM) change or update occurs. Section 100207 does not relate to changes to flood insurance rates that have already taken place and the Omnibus does not roll back any rate increases that have already occurred.
Although the Omnibus requires FEMA to cease any current planning and development activities for Section 100207, it does not prohibit FEMA from continuing its mapping activities or from exercising existing authorities to set premium rates. Accordingly, FEMA halted planning and development activities related to Section 100207, however, FEMA will continue to map flood risks as required by the National Flood Insurance Act 42 U.S.C. §§ 4101 and 4104. Additionally, changes to the NFIP such as phasing out subsidies for certain policyholders remains in effect as mandated by Biggert-Water’s Section 100205 (codified at Section 1307 of the National Flood Insurance Act (42 U.S.C. § 4014)).
As mandated in the 2014 Omnibus, FEMA would not implement Section 100207 (codified at 1308(h)) until twelve to eighteen months after the start of Fiscal Year 2015.
If you have any questions, please contact FEMA’s Intergovernmental Affairs Division at FEMA-IGA@fema.dhs.gov.
FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.