Sec. 103. Targeted means-tested assistance
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Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) is amended by inserting after section 1308A ( 42 U.S.C. 4015a ) the following: In this section: The term covered property means— a primary residential dwelling designed for the occupancy of from 1 to 4 families; or personal property relating to a dwelling described in subparagraph (A). The term eligible policyholder means a policyholder with a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located.
The term housing expenses means, with respect to a household, the total amount that the household spends in a year on— mortgage payments or rent; property taxes; homeowners insurance; and premiums for flood insurance under the national flood insurance program. The term insurance costs means, with respect to a covered property for a year— risk premiums and fees estimated under section 1307 and charged under section 1308; surcharges assessed under sections 1304 and 1308A; and any amount established under section 1310A(c).
Subject to the availability of appropriations, the Administrator is authorized to carry out a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. To determine eligibility for means-tested assistance under this section, the Administrator may accept any of the following with respect to an eligible policyholder: Income verification from the National Directory of New Hires established under section 453(i) of the Social Security Act ( 42 U.S.C. 653(i) ).
A self-certification of eligibility by the eligible policyholder that is provided under penalty of perjury pursuant to section 1746 of title 28, United States Code. Any other method identified by the Administrator in interim guidance, or a final rule, issued under subsection (e). The Administrator may establish graduated discounts available to eligible policyholders under this section, which shall be based on the following factors: The percentage by which the household income of an eligible policyholder is equal to, or less than, 120 percent of the area median income for the area in which the property to which the policy applies is located.
The housing expenses of an eligible policyholder. The number of eligible policyholders participating in the program established under this section. The availability of funding. Any other factor that the Administrator finds reasonable and necessary to carry out the purposes of this section. The Administrator shall issue final rules to implement this section. Not later than 1 year after the date of enactment of this section, the Administrator shall issue interim guidance to implement this section, which shall— include— a description of how the Administrator will determine— eligibility for households to participate in the program established under this section; and assistance levels for eligible households to which assistance is provided under this section; the methodology that the Administrator will use to determine the amount of assistance provided to eligible households under this section; and any requirements to which eligible policyholders to which assistance is provided under this section will be subject; and expire on the later of— the date that is 84 months after the date of enactment of this section; or the date on which the final rules issued under paragraph
(1)take effect. Nothing in subparagraph
(A)may be construed to preclude the Administrator from amending the interim guidance issued under that subparagraph. The Administrator, in order to evaluate and monitor the effectiveness of this section, and to comply with the reporting requirements under subsection (g), may request demographic information, and other information, with respect to an eligible policyholder to which assistance is provided under this section, which may include— the income of the eligible policyholder, as compared with the area median income for the area in which the property to which the policy applies is located; and demographic characteristics of the eligible policyholder, including the race and ethnicity of the eligible policyholder. Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Administrator shall submit to Congress a report regarding the implementation and effectiveness of this section. Each report submitted under paragraph
(1)shall include information regarding, for the period covered by the report— the distribution of household area median income for eligible policyholders to which assistance is provided under this section; the number of eligible policyholders to which assistance is provided under this section, which shall be disaggregated by income and demographic characteristics; the cost of providing assistance under this section; and the average amount of assistance provided to an eligible policyholder under this section, which shall be disaggregated as described in subparagraph (B). For the purposes of the communication required under section 1308(l), the Administrator shall provide to an eligible policyholder to which assistance is provided under this section a full flood risk determination with respect to the property of the eligible policyholder, which shall reflect the insurance costs with respect to the property before that assistance is provided. There is authorized to be appropriated to the Administrator to carry out this section— $250,000,000 for fiscal year 2022; $340,000,000 for fiscal year 2023; $400,000,000 for fiscal year 2024; $500,000,000 for fiscal year 2025; and $600,000,000 for fiscal year 2026. If, in a fiscal year, the Administrator determines that the amount made available to carry out this section is insufficient to provide assistance under this section, the Administrator shall submit to Congress a notification of the remaining amounts necessary to provide that assistance for that fiscal year. With respect to the amount of the discounts provided under this section in a fiscal year, and any administrative expenses incurred in carrying out this section for that fiscal year, the Administrator shall, from amounts made available to carry out this section for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 an amount equal to those discounts and administrative expenses, except to the extent that section 1310A applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which section 1310A applies in the National Flood Insurance Reserve Fund established under section 1310A. . In addition to any amounts made available to the Administrator to carry out section 1308B of the National Flood Insurance Act of 1968, as added by paragraph (1), the Administrator shall use any amounts saved as a direct result of the amendments made by section 302(a) of this Act to carry out such section 1308B. The National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) is amended— in section 1308(e) ( 42 U.S.C. 4015(e) )— in paragraph (1)— in subparagraph (B), by striking or at the end; in subparagraph (C)(iii), by adding or at the end; and by adding at the end the following: in the case of a property with respect to which assistance is provided under section 1308B, if— the applicable policyholder is no longer eligible to receive assistance under that section; the assistance so provided has been decreased under that section; or the Administrator is not authorized, or lacks appropriated funds, to carry out that section; ; and in paragraph (3), by striking period; and and inserting the following: period, except in the case of a property with respect to which assistance is provided under section 1308B if a condition described in clause (i), (ii), or
(iii)of paragraph (1)(D) is applicable; and ; and in section 1366(d) ( 42 U.S.C. 4104c(d) )— by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following: In the case of mitigation activities to structures insured by policyholders that are eligible for assistance under section 1308B, in an amount up to 100 percent of all eligible costs. . Section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) ) is amended by adding at the end the following new paragraph: The Administrator of the Federal Emergency Management Agency (in this paragraph, referred to as the Administrator ) shall furnish to the Secretary, on such periodic basis as determined by the Administrator in consultation with the Secretary, information in the custody of the Administrator for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are applying for, or receiving benefits under, section 1308B of the National Flood Insurance Act of 1968. The Administrator shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). The Secretary, in cooperation with the Administrator, shall compare information in the National Directory of New Hires with information provided by the Administrator with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Administrator, in accordance with this paragraph, for the purposes specified in this paragraph. The Secretary shall make disclosures in accordance with clause
(i)only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. The Administrator may use information resulting from a data match pursuant to this paragraph only— for the purpose of verifying the employment and income of individuals described in subparagraph (A); and after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). The Administrator may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). Subject to clause (iii), the Administrator may disclose information resulting from a data match pursuant to this paragraph only to contractors of the Federal Emergency Management Agency, private insurance companies participating in the Write Your Own Program of the Federal Emergency Management Agency, the Inspector General of the Department of Homeland Security, and the Attorney General, in connection with the administration of a program described in subparagraph (A). Information obtained by the Administrator pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. Disclosures under this paragraph shall be— made in accordance with data security and control policies established by the Administrator and approved by the Secretary; subject to audit in a manner satisfactory to the Secretary; and subject to the sanctions under subsection (l)(2). A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause
(iii)and such additional conditions as agreed to by the Secretary and the Administrator. The Administrator shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. The Administrator shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual). .
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Sec. 103
Targeted means-tested assistance
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