[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1306 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1306
To provide for greater transfer of risk under the National Flood
Insurance Program to private capital and reinsurance markets, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Mr. Luetkemeyer introduced the following bill; which was referred to
the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide for greater transfer of risk under the National Flood
Insurance Program to private capital and reinsurance markets, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Exposure Mitigation Act''.
SEC. 2. RISK TRANSFER REQUIREMENT.
Subsection (e) of section 1345 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4081(e)) is amended--
(1) by striking ``(e) Risk Transfer.--The Administrator''
and inserting the following:
``(e) Risk Transfer.--
``(1) Authority.--The Administrator''; and
(2) by adding at the end the following new paragraph:
``(2) Required risk transfer coverage.--
``(A) Requirement.--Not later than the expiration
of the 18-month period beginning upon the date of the
enactment of this paragraph and at all times
thereafter, the Administrator shall annually cede a
portion of the risk of the flood insurance program
under this title to the private reinsurance or capital
markets, or any combination thereof, and at rates and
terms that the Administrator determines to be
reasonable and appropriate, in an amount that--
``(i) is sufficient to maintain the ability
of the program to pay claims; and
``(ii) manages and limits the annual
exposure of the flood insurance program to
flood losses in accordance with the probable
maximum loss target established for such year
under subparagraph (B).
``(B) Probable maximum loss target.--The
Administrator shall for each fiscal year, establish a
probable maximum loss target for the national flood
insurance program that shall be the maximum probable
loss under the national flood insurance program that is
expected to occur in such fiscal year.
``(C) Considerations.--In establishing the probable
maximum loss target under subparagraph (B) for each
fiscal year and carrying out subparagraph (A), the
Administrator shall consider--
``(i) the probable maximum loss targets for
other United States public natural catastrophe
insurance programs, including as State wind
pools and earthquake programs;
``(ii) the probable maximum loss targets of
other risk management organizations, including
the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation;
``(iii) catastrophic, actuarial, and other
appropriate data modeling results of the
national flood insurance program portfolio;
``(iv) the availability of funds in the
National Flood Insurance Fund established under
section 1310 (42 U.S.C. 4017);
``(v) the availability of funds in the
National Flood Insurance Reserve Fund
established under section 1310A (42 U.S.C.
4017a);
``(vi) the availability of borrowing
authority under section 1309 (42 U.S.C. 4016);
``(vii) the ability of the Administrator to
repay outstanding debt;
``(viii) amounts appropriated to the
Administrator to carry out the national flood
insurance program;
``(ix) reinsurance, capital markets,
catastrophe bonds, collateralized reinsurance,
resilience bonds, and other insurance-linked
securities, and other risk transfer
opportunities; and
``(x) any other factor the Administrator
determines appropriate.
``(D) Multi-year contracts.--Nothing in this
paragraph may be construed to prevent or prohibit the
Administrator from complying with the requirement under
subparagraph (A) regarding ceding risk through
contracts having a duration longer than one year.''.
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