Sec. 2. Data exchange program
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Section 1313 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4020 ) is amended— by striking The Administrator shall and inserting the following: The Administrator shall ; and by adding at the end the following new subsections: The Administrator shall disclose policy and claims information described in paragraph
(2)to an insurance company, as such term is defined in subsection (f), if such insurance company has entered into a data sharing agreement with the Administrator pursuant to paragraph (3). The Administrator shall disclose the following claims and policy information, obtained in connection with a flood insurance policy made available under this title or through a data sharing agreement executed pursuant to paragraph (3), pursuant to paragraph (1): The location of the insured property, by address and latitude and longitude. Amount of coverage in force. Dates of loss. The amount paid on claims. Any other claims and policy information the Administrator determines necessary and appropriate. A data sharing agreement entered into pursuant to paragraph
(1)shall include— the terms and conditions under which insurance companies may use, share, store, and account for the data, which shall at minimum include provisions ensuring that— the insurance company may only use information provided under the agreement for the purposes of underwriting, establishing premium rates, and adjusting claims; and the insurance company may not use the information provided as part of the agreement for marketing purposes; an agreement by the insurance company to provide to the Administrator the insurance company’s policy and claims data in a form prescribed by the Administrator; and any other terms and conditions the Administrator determines are necessary and appropriate. Upon the request of a purchaser, lessee, or current owner of a property, the Administrator shall provide to the purchaser, lessee, or current owner of the property information pertaining to the property the purchaser or lessee is under contract to buy or lease, respectively, or the current owner’s property, as follows: The number and dollar value of claims filed for the property, and factors related to the cause of loss, over the life of the property, as known to the Administrator, including claims made under— a flood insurance policy made available under this Act; and a private flood insurance policy. Information on whether the property owner may be required to purchase flood insurance coverage due to previous receipt of Federal disaster assistance subject to the mandatory purchase requirement under section 102 of the Flood Disaster Protection Act of 1973. Such other available information about the property as determined by the Administrator to accurately and adequately characterize the true flood risk to the property. Disclosure of information contained within a system of records (as such term is defined in section 552a(a)(5) of title 5, United States Code) as authorized in subsections
(b)and
(c)of this section shall be considered a routine use for the purposes of section 552a(3) of title 5, United States Code. To carry out subsection (b), the Administrator may charge a fee to participating insurance companies under subsection (b). The Administrator shall not charge a fee to the current owner requesting flood insurance information under subsection (c). The Administrator shall deposit the fee collected under this subsection into the National Flood Insurance Fund established under section 1310. For the purposes of this section the following definitions shall apply: The term insurance company means an insurance company that meets the requirements of subparagraph
(A)of section 102(b)(7) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(b)(7)(A) ). The term lessee means a person who enters into an agreement to lease, rent, or sublease a property. The term purchaser means a person or entity that enters into an agreement to purchase an interest in a property. .
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