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NFIP, TRIA and FIO: Points of Focus for House Financial Services Committee

The House Financial Services Committee has released its oversight plan for the 113th Congress. This is a nonbinding plan that each standing committee must submit at the start of each new legislative session spelling out the committee’s agenda for the session.

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While much of the House Financial Services’ plan includes review of Dodd-Frank implementation and other banking related issues, it also includes three issues of importance to risk management: extension of the Terrorism Risk Insurance Act (TRIA), the National Flood Insurance Program (NFIP) and the Federal Insurance Office (FIO).

On TRIA:

“The Committee will examine the private sector’s capacity to assess and price for terrorism risk. The Committee may also consider proposals that would phase out the Terrorism Risk Insurance Program by encouraging private industry to develop dedicated capital for underwriting terrorism risks, and significantly reducing the potential Federal exposure and participation in terrorism insurance over time.”

TRIA is set to expire on December 31, 2014 with many in the industry, including RIMS, pushing for an extension of the program to 2019. The committee’s plan signals that the fight for an extension will not be an easy one.

On the NFIP:

“The Committee will monitor the implementation of the Biggert-Waters Flood Insurance Reform Act of 2012, paying particular attention to the reforms that encourage more private sector participation in the flood insurance market. The Committee will also review and consider further reforms to the National Flood Insurance Program with the goal of ending taxpayer bailouts of the program and transitioning to a private, innovative, competitive and sustainable flood insurance market. Since 2006, the GAO has designated the NFIP as a high-risk program because of its potential to incur billions on dollars in losses and because the program faces serious financial, structural, and managerial challenges.

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Due to extraordinary losses incurred following the hurricanes in 2005 and Superstorm Sandy in 2012, the program carries a debt of well over $20 billion as of January 1, 2013.”

The debate over the NFIP, which many assumed was settled in 2012, was renewed following the destruction caused by Superstorm Sandy. Committee Chairman Jeb Hensarling (R-TX) has expressed his opposition to the NFIP in the past so it comes as no surprise that the committee plans to continually review the program’s viability and sustainability.

On the FIO:

The committee’s plan also scrutinized the FIO for missing deadlines on several reports to Congress related to the insurance industry. The FIO is being urged to release “these long overdue reports without further delay.” Two of the more anticipated reports include recommendations to modernize and improve the insurance regulatory system and a report on the global reinsurance market.

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Treasury Department Under Secretary for Domestic Finance Mary Miller recently testified before the Senate Banking Committee that the modernization report would be released soon and that the FIO will be releasing other reports in the coming months.

It’s going to be a busy legislative session.

Hurricane Sandy Revives Debate Over NFIP

A building in Sheepshead Bay, Brooklyn, is flooded from Hurricane Sandy.

When the five-year extension of the National Flood Insurance Program (NFIP) was signed by President Obama in July 2012, the debate over whether the federal government had a vital role in the flood insurance market seemed to be settled. From 2008 to the signing of the long-term extension, the NFIP had been given an estimated 17 short-term extensions and been allowed to lapse on two separate occasions. Supporters, including RIMS, hoped that the long-term extension’s passage would finally bring certainty to the market, but Hurricane Sandy has once again revived debate over the program.

The NFIP was originally created in 1968 as a way to provide affordable flood insurance to those who lived in the most flood prone areas. The program remained solvent until 2005 when Hurricane Katrina put the program billion in debt.

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It remained alive by borrowing from the Treasury, but Hurricane Sandy has again placed it in financial crisis.

As the New York Times reports, “Early estimates suggest that Hurricane Sandy will rank as the nation’s second-worst storm for claims paid out by the National Flood Insurance Program. With 115,000 new claims submitted and thousands more being filed each day, the cost could reach billion at a time when the program is allowed, by law, to add only an additional billion to its onerous debt.”

Several reforms were included in the 2012 long-term extension that were meant to place the program on more financially solid ground, including: removing subsidized rates for non-primary residences, businesses or severe repetitive loss properties; increasing the limit for annual rate increases from 10 to 20%; and phasing in rate increases until actuarial rates are achieved. The legislation also requires the Federal Emergency Management Agency and the Government Accountability Office to study potential privatization of the NFIP, while the Federal Insurance Office is required to study the current market for natural catastrophe insurance, including issues of affordability.

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Supporters of the NFIP argue that these reforms should be allowed to take effect before any further changes to the program are considered, but many critics argue that more drastic reforms are needed immediately. Some critics go so far as to argue that the program should be entirely privatized.

House Financial Services Committee Chairman Jeb Hensarling has vowed to take up legislation that would do just that, stating, “As Chairman of the Financial Services Committee, I wish to inform all members in this Congress, our committee will take up legislation to transition to a private, innovative, competitive, sustainable flood insurance market.”

As long as the NFIP remains in financial trouble, expect this debate to continue.

Talk of Flood Insurance at RIMS on the Hill

Moderator Leigh Ann Pusey and speakers Matt Gannon, Joshua Saks and Austin Perez.

At this week’s RIMS on the Hill conference, attendees gathered to hear remarks from a few industry experts regarding the National Flood Insurance Program (NFIP). It has been well publicized how the program has faced major setbacks in recent years. Three noted figures were at RIMS on the Hill to give their take on how to get the program back on track. They were:

Matt Gannon — Assistant vice president of federal affairs for the National Association of Mutual Insurance Companies (NAMIC). He also serves as lead liaison to Capitol Hill on public policy matters impacting his industry and policyholders across the nation.

Joshua Saks — National Wildlife Federation’s Legislative Director, who has helped set strategy and coordinate outreach to members of Congress on key campaign priorities, including clean water and wetlands issues, energy policy, deferral appropriations for wildlife conservation and protection of public lands in Alaska and the Rocky Mountain west.

Austin Perez — A senior policy analyst with the National Association of REALTORS, where his subject matter expertise ranges from property rights and land use to energy and environmental issues. Long-term flood insurance reauthorization and reform has been his chief focus and an association top priority.

Matt – “The NFIP is vitally important to our nation — it’s something that affects us all. We are seeking to improve a government program and also hoping to preserve it. The NFIP has accrued a significant amount of debt as result of the 2005 storm season. In part because of one of the major flaws in the program — they don’t take into account risk. What we’re looking for is primarily to ensure that the NFIP is reformed so that it reflects a private insurance model.

One fundamental deficiency is that no one is making sure flood insurance plans don’t lapse.

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Congress has made a lot of progress — there was HR 1309 — but short-term authorizations, as well as lapses, are significant disruptions to the marketplace. Mandatory purchase should be enforced wherever possible. What we wanted to do [with “flood the Hill“] was to replicate the noise that Congress hears after a lapse. We want to get all the groups calling for flood insurance reform to call Congress. We’re not going to let our foot off the gas. We want [the Senate] to move forward with comprehensive reform.”

Josh – “Flood plains are tremendous areas for many things. They are recreation areas — our members benefit from them. Those areas allow groundwater recharge. They act as buffers when there is pollution since they stop pollution from entering waterways. They’re also habitats for wild animals and endangered species. And the best benefit — naturally functioning flood plains, which are the best flood prevention method money can buy.

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[The National Wildlife Federation] believes in holistic management of a flood plain. We need to take into account altered hydrology, more severe weather, more storm frequency, etc.”

Austin – “The only way you can get major reform in this town is to get everyone going the same direction — the realtor group, the insurers, everyone. They key point here is that there is no group out there that is not pushing for this. We’re all in favor of a 5-year reauthorization — that’s the first step.

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This is the 18th extension of NFIP since 2008*.

We have home buyers who may want to buy but don’t know if they’re in a flood zone and they don’t know whether or not there is going to be flood insurance. This economy relies on real estate transactions. This is an economy where we want to move as many transactions as possible, but we can’t without a flood insurance program reform. We need an accurate set of flood plain maps. We don’t think its fair for homeowners to get a notice saying they need flood insurance if they’re not really in a flood plain. Put the senators on the spot and ask, ‘Are you with us?'”

*According to calculations from the National Association of REALTORS

September Issue of Risk Management Now Online

Faithful readers: the June issue of Risk Management magazine is now online. The cover story focuses on the four risks facing energy companies today and how often-overlooked areas such as commodity markets and compliance pose serious threats. Other features explore the six errors in judgement people are prone to when appraising risk and Risk Management‘s 4th annual risk management and insurance education review.

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