Sec. 403. Availability of NFIP claims data
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The Administrator shall study the feasibility of selling or licensing the use of historical structure-specific National Flood Insurance Program claims data (referred to in this section as covered claims data ) to nongovernmental entities. In conducting the study required under paragraph (1), the Administrator shall, at a minimum— investigate one or more methods of providing the most specific covered claims data possible while reasonably protecting policyholder privacy; review existing means, as of the date of enactment of this Act, by which the Federal Government provides leases or licenses to private persons, and the various regulations, terms, conditions, and guidance employed; identify potential uses for covered claims data, any known risks concerning those uses, and ways to mitigate or eliminate the risks; identify mechanisms for determining the likely market value for access to covered claims data; and recommend actions the Administrator could take, if any, to prevent unintended consequences associated with the sale or licensing for private insurance purposes covered claims data.
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the results and conclusions of the study conducted under subsection
(a)(referred to in this subsection as the study ). The report submitted under paragraph
(1)shall include— an analysis of— the recommendations of the study; and the potential for covered claims data to increase the number of individuals insured against the peril of flood, to reduce the amount of debt the National Flood Insurance Program is required to service, or both; a description of actions taken by the Administrator to implement any of the recommendations of the study; and any recommendations of the study that, as of the date on which the report is submitted, have been deferred or not acted upon, together with an explanatory statement. Section 1313 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4020 ) is amended— by striking The Administrator and inserting the following: The Administrator ; and by adding at the following: The Administrator may sell or license the use of historical structure-specific claims data obtained and maintained by the National Flood Insurance Program (referred to in this subsection as covered claims data ) to nongovernmental entities as the Administrator determines is appropriate and in the public interest. The Administrator may adopt rules, terms, conditions, policies, and procedures concerning— the selling or licensing of covered claims data; and the use, protection, and maintenance of covered claims data by nongovernmental entities. The Administrator shall deposit the proceeds from selling or licensing covered claims data under this subsection in the National Flood Insurance Fund. . Section 1310 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017 ) is amended— in subsection (a)— in paragraph (7), by striking and at the end; in paragraph (8), by striking the period at the end and inserting ; and ; and by adding at the end the following: for carrying out section 1313. ; and in subsection (b)— in paragraph (5), by striking and at the end; by redesignating paragraph
(6)as paragraph (7); and by inserting after paragraph
(5)the following: proceeds from the sale or licensing of historical structure-specific claims data, as authorized under section 1313(b); and . Except as provided in subparagraph (B), the amendments made by paragraph
(1)shall take effect on the date on which the Administrator publishes in the Federal Register a certification that the Administrator has— submitted the report required under subsection (b); determined that it is legally and practically feasible to implement a program to sell or license the use of covered claims data to nongovernmental entities; and determined that a program described in subparagraph
(B)would be in the public interest. The amendment made by clause
(ii)of paragraph (1)(B) shall take effect on the date of enactment of this Act.
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