HouseH.R. 10686119th Congress

Community Disaster Protection Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10686 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10686

   To direct the Secretary of Homeland Security, acting through the 
Administrator of the Federal Emergency Management Agency, to establish 
  a pilot program to award grants to covered entities to support the 
design, development, facilitation, or implementation of community-based 
                         catastrophe insurance.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2026

Mr. Min (for himself, Mr. Olszewski, Mr. Bera, Ms. Bonamici, Mr. Case, 
Ms. Castor of Florida, Mr. Cisneros, Mr. Cohen, Ms. Dexter, Mr. Kennedy 
  of New York, Mr. Levin, Mr. Mullin, Ms. Ross, Ms. Salinas, and Mr. 
  Thanedar) introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
   To direct the Secretary of Homeland Security, acting through the 
Administrator of the Federal Emergency Management Agency, to establish 
  a pilot program to award grants to covered entities to support the 
design, development, facilitation, or implementation of community-based 
                         catastrophe insurance.

    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 ``Community Disaster Protection Act''.

SEC. 2. COMMUNITY-BASED CATASTROPHE INSURANCE PILOT PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, acting through the Administrator, shall 
establish a pilot program to award grants to covered entities for the 
design, development, or implementation of community-based catastrophe 
insurance programs to--
            (1) facilitate or offer community-based catastrophe 
        insurance for properties with high financial exposure to losses 
        from natural hazards or disasters, where such losses--
                    (A) are not covered under traditional property 
                insurance products offered on public or private markets 
                and available to members of the community; or
                    (B) present material and growing risks to existing 
                property insurance carriers or other members of the 
                insurance or risk transfer community;
            (2) help stabilize the traditional private property 
        insurance market through innovative risk transfer approaches; 
        and
            (3) promote or incentivize community-wide or individual 
        measures to reduce potential losses from, or increase 
        resilience to, natural hazards or disasters covered by such 
        program.
    (b) Eligible Uses of Funds.--A covered entity receiving a grant 
under this section may use such funds to carry out 1 or more of the 
following activities in furtherance of a community-based catastrophe 
insurance program pursuant to subsection (a):
            (1) Conducting consumer research, including assessments of 
        the financial exposure of households to natural hazards or 
        disasters, anticipated or potential household recovery needs, 
        insurance literacy, property insurance coverage gaps, 
        affordability constraints, and preferred insurance delivery 
        channels.
            (2) Conducting consumer outreach, education, and enrollment 
        activities targeted to community members, including through 
        community-based organizations, local governments, housing 
        providers, insurers or reinsurers, insurance or reinsurance 
        producers, financial institutions, or other entities.
            (3) Utilizing or configuring catastrophe risk models, 
        hazard assessments, exposure data, or other analytical tools to 
        better understand or help identify the magnitude, nature, or 
        geographic scope of natural hazard or disaster risks in the 
        community.
            (4) Designing and evaluating program features, including 
        with respect to parametric programs--
                    (A) evaluating, testing, and validating parametric 
                triggers based on objective, independently verifiable 
                hazard data, including meteorological, hydrological, 
                geological, or other available data sources; or
                    (B) evaluating and reducing basis risk, including 
                through an analysis of the correlation between proposed 
                parametric triggers and expected recovery costs and 
                losses.
            (5) Developing regulatory, actuarial, and operational 
        frameworks or modifications necessary for the approval, 
        administration, and oversight of community-based catastrophe 
        insurance products.
            (6) Establishing systems for delivery of insurance claims 
        or benefit payments within a reasonable period following a 
        triggering event.
            (7) Conducting program evaluation and collecting data on 
        participation rates, payout timeliness, recovery outcomes, 
        consumer satisfaction, and cost-effectiveness with respect to 
        the program.
            (8) Securing non-Federal financial support for a community-
        based catastrophe insurance program, including--
                    (A) identifying, evaluating, soliciting, or 
                negotiating potential sources of non-Federal premium 
                assistance or risk capital, including State and local 
                appropriations, philanthropic contributions, community 
                development financial institutions, insurance-linked 
                securities, or other sources;
                    (B) establishing and administering accounts, 
                trusts, or other vehicles necessary to receive, hold, 
                and disburse non-Federal funds for the payment of 
                premiums or the provision of risk capital;
                    (C) designing premium assistance mechanisms to be 
                funded with non-Federal sources, including eligibility 
                criteria and contribution structures; and
                    (D) developing plans for the long-term financial 
                sustainability of the program, including identification 
                of sources of premium assistance and risk capital 
                following the conclusion of the pilot program.
            (9) Entering into partnerships with 1 or more entities 
        identified in subsection (d).
    (c) Program Features.--
            (1) Policy requirements.--A community-based catastrophe 
        insurance product designed, developed, facilitated, or 
        implemented with funds awarded under this section shall--
                    (A) supplement traditional property insurance 
                products on existing public or private markets and not 
                be designed to replace or displace available private 
                market insurance coverage;
                    (B) limit coverage to losses attributable to 
                specified natural hazards or disasters that present 
                high financial risk to the community or the stability 
                of the private property insurance market pursuant to 
                subsection (a)(1);
                    (C) to the extent possible, provide clear and 
                conspicuous consumer disclosures, in plain language and 
                in the languages commonly used in the community, before 
                enrollment and upon each renewal, regarding--
                            (i) the perils covered, the perils 
                        excluded, and any coverage limits, deductibles, 
                        or waiting periods applicable to the product;
                            (ii) the manner in which coverage under the 
                        product interacts with traditional property 
                        insurance products held by the participant, 
                        including whether recovery under the product 
                        affects any claim, premium, or renewal under 
                        such products;
                            (iii) the effect, if any, that receipt of a 
                        payout under the product may have on 
                        eligibility for, or the amount of, Federal, 
                        State, or local disaster assistance, including 
                        assistance subject to section 312 of the Robert 
                        T. Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5155);
                            (iv) whether the product satisfies any 
                        Federal or State requirement to obtain and 
                        maintain insurance, including any requirement 
                        under section 311 of such Act (42 U.S.C. 5154) 
                        or under the Flood Disaster Protection Act of 
                        1973 (42 U.S.C. 4002 et seq.);
                            (v) the identity of the entity bearing the 
                        risk of loss, any financial strength rating of 
                        such entity, and whether obligations under the 
                        product are covered by any State insurance 
                        guaranty association or similar mechanism;
                            (vi) the amount of the premium, the portion 
                        of the premium paid by any party other than the 
                        participant, the expected duration of any such 
                        assistance, and the effect on the participant 
                        if such assistance is reduced or discontinued;
                            (vii) the term of coverage, the conditions 
                        under which coverage may be cancelled, 
                        nonrenewed, or terminated, and the effect on 
                        participants if the community-based catastrophe 
                        insurance program is discontinued;
                            (viii) whether participation is voluntary 
                        and the process by which a member of the 
                        community may decline or withdraw from 
                        participation;
                            (ix) the process for submitting questions, 
                        claims, and complaints, including contact 
                        information for the applicable State insurance 
                        regulator; and
                            (x) any other disclosure applicable under 
                        State law or regulatory requirements;
                    (D) ensure any premiums are actuarially sound, 
                transparent, and designed to support program 
                sustainability while promoting broad participation;
                    (E) promote or incentivize community-wide or 
                individual measures to reduce potential losses from, or 
                increase resilience to, natural hazards or disasters 
                covered by such product, including through, to the 
                extent possible--
                            (i) reinvestment of any excess funds of the 
                        community-based catastrophe insurance program 
                        to mitigate natural hazard or disaster risks 
                        covered under the product; or
                            (ii) disclosure of community-wide or 
                        individual measures that may reduce the risk of 
                        losses covered under the product;
                    (F) provide for streamlined enrollment and claims 
                disbursement processes to the extent practicable;
                    (G) in instances where such a program is a 
                parametric program pursuant to paragraph (3)(B)--
                            (i) utilize an objective and predetermined 
                        trigger condition or conditions for payout of 
                        benefits, and provide for distribution of 
                        benefits in a timely manner after verification 
                        that such condition or conditions have been 
                        met;
                            (ii) include a strategy to minimize basis 
                        risk and regularly evaluate trigger 
                        performance; and
                            (iii) in addition to the disclosures 
                        required under subparagraph (C), provide clear 
                        consumer disclosures regarding the differences 
                        between indemnity insurance and parametric 
                        products, trigger conditions, payout amounts 
                        and limitations, potential effects of payouts 
                        on other Federal assistance, potential basis 
                        risk, and other relevant details; and
                    (H) comply with all applicable State insurance laws 
                and regulatory requirements, including any applicable 
                licensing, form filing, rate filing, and market conduct 
                requirements, and in furtherance of such compliance--
                            (i) prior to offering the product, seek 
                        from the insurance regulator of each State in 
                        which the product will be offered a 
                        determination or written confirmation as to 
                        whether the product constitutes insurance under 
                        the laws of such State and, if so, the 
                        licensing and filing requirements applicable to 
                        the product and to the covered entity;
                            (ii) place coverage with an insurer 
                        authorized or eligible to transact such 
                        business in each such State, or with a risk-
                        bearing entity established and operating in 
                        accordance with the laws of such State;
                            (iii) ensure that any sale, solicitation, 
                        negotiation, or enrollment activity conducted 
                        by the covered entity, or by any partner of the 
                        covered entity, is performed by persons 
                        licensed as insurance producers under 
                        applicable State law or pursuant to an 
                        exemption available under such law; and
                            (iv) provide the insurance regulator of 
                        each such State with notice of the program 
                        prior to implementation and with reasonable 
                        access to program data for regulatory and 
                        oversight purposes.
            (2) Program requirements.--A covered entity administering a 
        community-based catastrophe insurance program designed, 
        developed, or implemented with funds awarded under this section 
        shall--
                    (A) to the extent feasible, facilitate or provide 
                access to financial incentives, technical assistance, 
                or guidance to members of the community to promote 
                investments, best practices, or other actions to reduce 
                potential losses from, or increase resilience to, 
                natural hazards or disasters risks covered by such 
                program;
                    (B) assess and communicate, publicly and to the 
                property insurance community, changes in the natural 
                hazard or disaster risk of policyholders or the region 
                served by such program, including changes resulting 
                from participation in community-based catastrophe 
                insurance and risk reduction investments undertaken by 
                property owners, renters, businesses, and other members 
                pursuant to such program, for the purposes of 
                negotiating insurance product terms that are 
                actuarially justified;
                    (C) comply with all applicable State insurance laws 
                and regulatory requirements, including securing 
                appropriate authorization from each State in which the 
                product will be offered with respect to covered 
                entities seeking to offer, issue, underwrite, or 
                administer community-based catastrophe insurance 
                pursuant to subparagraph (D)(iii); and
                    (D) utilize 1 or a mixture of the following 
                community-based insurance frameworks:
                            (i) The covered entity facilitates the 
                        purchase of insurance between insurers and 
                        members of the community, where such members 
                        contract directly with the insurer and the 
                        covered entity oversees community outreach and 
                        education and conducts premium negotiation with 
                        the insurer.
                            (ii) The covered entity arranges a 
                        community-based catastrophe insurance product 
                        on behalf of members of a community, where the 
                        covered entity facilitates enrollment of such 
                        members in the insurance product, payment to 
                        the insurer, and payout of claims to such 
                        members.
                            (iii) The covered entity establishes a 
                        risk-bearing entity to offer, issue, 
                        underwrite, or administer community-based 
                        catastrophe insurance for members of the 
                        community, including purchasing reinsurance, 
                        managing the payment of insurance claims, 
                        setting insurance product terms, and other 
                        functions necessary to administer such 
                        insurance.
            (3) Authorized activities.--A covered entity administering 
        a community-based catastrophe insurance program designed, 
        developed, or implemented with funds awarded under this section 
        may--
                    (A) utilize mobile-based technologies or other 
                technologies for insurance delivery, consumer 
                information, and other purposes; or
                    (B) operate such program as a parametric risk 
                transfer model through which fixed or graduated 
                payments are provided to enrolled members of the 
                community when predetermined trigger conditions are met 
                following specified natural hazard or disaster events.
    (d) Coordination.--In designing, developing, or implementing a 
community-based catastrophe insurance program pursuant to subsection 
(a), a covered entity receiving a grant under this section shall 
coordinate with--
            (1) members of the community, including property owners, 
        renters, businesses, and other entities targeted for 
        participation in the community-based catastrophe insurance 
        product;
            (2) the insurance regulator of each State in which the 
        community-based catastrophe insurance program will operate;
            (3) private industry, including insurers and reinsurers; 
        and
            (4) other relevant entities with expertise in natural 
        hazard and disaster risk assessment, mitigation, recovery, or 
        insurability, or in the delivery of financial assistance or 
        benefits, including--
                    (A) other covered entities;
                    (B) insurance or reinsurance producers;
                    (C) nonprofit organizations;
                    (D) catastrophe risk modeling firms;
                    (E) academic and research institutions; or
                    (F) financial technology providers.
    (e) Prioritization of Applicants.--In awarding grants under this 
section, the Administrator shall conduct a competitive process for 
considering and identifying applications from covered entities to 
ensure grant recipients--
            (1) represent broad geographic conditions, demographics, 
        unmet natural hazard or disaster resiliency or recovery needs, 
        and other factors to produce a wide range of data to evaluate 
        program performance and viability;
            (2) target communities with high potential financial 
        exposure to losses from natural hazards or disasters covered 
        under the proposed community-based catastrophe insurance 
        program for participation in such program; and
            (3) identify sufficient capital sources and public-private 
        partnerships to ensure the long-term sustainability and 
        effectiveness of the community-based catastrophe insurance 
        program developed with funds under this section.
    (f) Guidance.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall issue guidance 
        for the implementation of the pilot program established under 
        subsection (a), including with respect to--
                    (A) application requirements and evaluation 
                criteria;
                    (B) the minimum requirements described in 
                subsection (c)(1);
                    (C) allowable uses of funds under subsection (b), 
                including any limitation on administrative costs;
                    (D) coordination with State insurance regulators 
                regarding the requirements of subsection (c)(1)(H), 
                including model approaches to determining whether a 
                community-based catastrophe insurance product 
                constitutes insurance under the laws of a State; and
                    (E) the data reporting required under subsection 
                (h)(5).
            (2) Consultation.--In developing guidance under paragraph 
        (1), the Administrator shall consult with--
                    (A) the National Association of Insurance 
                Commissioners;
                    (B) State insurance regulators;
                    (C) the Federal Insurance Office of the Department 
                of the Treasury;
                    (D) covered entities and organizations representing 
                covered entities; and
                    (E) insurers, reinsurers, and other participants in 
                the private risk transfer market, including insurance 
                and reinsurance producers.
    (g) Termination.--The authorization to carry out the community-
based catastrophe insurance pilot program established under subsection 
(a) shall terminate on September 30, 2031.
    (h) GAO Reports.--
            (1) Reports required.--The Comptroller General of the 
        United States shall, with respect to community-based 
        catastrophe insurance programs designed, developed, or 
        implemented pursuant to this section, conduct and submit to 
        Congress--
                    (A) a study not later than 1 year after at least 3 
                covered entities utilized such programs to address a 
                natural hazard or disaster event or not later than 3 
                years after establishment of the pilot program under 
                subsection (a), whichever occurs earlier; and
                    (B) a study not later than 1 year after the 
                conclusion of the pilot program established under 
                subsection (a).
            (2) Evaluation criteria.--Each study conducted under 
        paragraph (1) shall contain an evaluation of the effectiveness 
        of programs designed, developed, or implemented pursuant to 
        this section with respect to--
                    (A) the timeliness of insurance claim, benefit 
                determinations, and payout delivery;
                    (B) the extent to which claim and benefit payments 
                addressed immediate natural hazard or disaster-related 
                financial losses and recovery expenses;
                    (C) the extent to which risk reduction investments 
                undertaken through the program were reflected in 
                premium, terms, or capacity;
                    (D) participation rates among eligible households 
                and communities, including demographic, geographic, and 
                income-based characteristics of participating and 
                nonparticipating households;
                    (E) affordability of coverage and the effectiveness 
                of any premium assistance mechanisms, including the 
                sources, sufficiency, and durability of any non-Federal 
                premium assistance or risk capital secured pursuant to 
                subsection (b)(8);
                    (F) administrative costs relative to benefits 
                delivered;
                    (G) impacts of the program on--
                            (i) post-disaster financial stability, 
                        recovery outcomes, and reliance on other forms 
                        of public assistance; and
                            (ii) awareness, assessment, mitigation, and 
                        reduction of natural hazard or disaster risks 
                        covered under such program;
                    (H) with respect to members of the community--
                            (i) understanding of program terms, trigger 
                        conditions, and payout expectations, and the 
                        effectiveness of outreach, education, and 
                        enrollment strategies; and
                            (ii) satisfaction with program 
                        administration and benefit delivery; and
                    (I) any statutory, regulatory, operational, 
                actuarial, or data-related barriers to broader 
                implementation of community-based catastrophe 
                insurance.
            (3) Recommendations.--The study required under paragraph 
        (1)(B) shall include recommendations regarding--
                    (A) opportunities for Congress, the Department of 
                Homeland Security, and other Federal agencies to 
                support covered entities in the design, development, 
                and implementation of community-based catastrophe 
                insurance programs; and
                    (B) whether Congress should authorize, expand, 
                modify, or make permanent the pilot program established 
                under subsection (a).
            (4) Evaluation of non-traditional risk transfer.--The study 
        required under paragraph (1)(B) shall include--
                    (A) an examination of what the Federal Emergency 
                Management Agency considers to be insurance under 
                section 311 of the Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5154);
                    (B) a review of recent developments and 
                advancements in the private risk transfer market, 
                including--
                            (i) the creation of risk transfer 
                        mechanisms and instruments beyond traditional 
                        property insurance since 1988; and
                            (ii) the efficacy of other community-based 
                        catastrophe insurance demonstrations or 
                        policies implemented in the United States; and
                    (C) an evaluation of--
                            (i) whether community-based catastrophe 
                        insurance would adequately encourage 
                        individuals, States, local governments, and 
                        other covered entities to reduce exposure to 
                        losses from natural hazards or disasters by 
                        obtaining private coverage to supplement and 
                        replace governmental assistance;
                            (ii) the design parameters and contract 
                        terms required for non-traditional insurance 
                        risk transfer mechanisms and instruments to be 
                        considered by the Federal Emergency Management 
                        Agency as insurance for purposes of any 
                        requirements to obtain and maintain insurance 
                        coverage under the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.); and
                            (iii) the impact that denial of recognition 
                        of non-traditional insurance risk transfer 
                        mechanisms and instruments by the Federal 
                        Emergency Management Agency has on the 
                        utilization of such products by States, local 
                        governments, and other covered entities to 
                        supplement or replace government assistance 
                        through private options.
            (5) Data sharing requirement.--A covered entity receiving 
        grant funding under this section shall be required to provide 
        appropriate and reasonable data to the Comptroller General on 
        the performance of the community-based catastrophe insurance 
        product designed, developed, facilitated, or implemented with 
        funds from this section to support reporting requirements under 
        this subsection. Nothing in this section shall require 
        disclosure of proprietary, trade secret, or confidential 
        insurer, reinsurer, or catastrophe-modeling information.
            (6) Consultation.--In conducting each study required under 
        paragraph (1), the Comptroller General shall consult with--
                    (A) the National Association of Insurance 
                Commissioners;
                    (B) State insurance regulators;
                    (C) the Federal Insurance Office of the Department 
                of the Treasury; and
                    (D) recipients of grants awarded under this 
                section.
    (i) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (2) Alaska native corporation.--The term ``Alaska Native 
        Corporation'' has the meaning given the term ``Native 
        Corporation'' in section 3 of the Alaska Native Claims 
        Settlement Act (42 U.S.C. 1602).
            (3) Basis risk.--The term ``basis risk'' means the 
        potential difference between the actual loss from a natural 
        hazard or disaster event and the payout from a parametric 
        program.
            (4) Community.--The term ``community'' means a defined 
        geographic region encompassing a group of properties, including 
        those owned or utilized by homeowners, renters, businesses, and 
        other relevant stakeholders.
            (5) Community-based catastrophe insurance.--The term 
        ``community-based catastrophe insurance'' means natural hazard 
        or disaster insurance that is arranged by a covered entity to 
        provide coverage to a community.
            (6) Covered entities.--The term ``covered entities''--
                    (A) means--
                            (i) States, Tribal governments, or any 
                        political subdivision thereof;
                            (ii) Native Hawaiian organizations;
                            (iii) Alaska Native Corporations;
                            (iv) community-based, nonprofit 
                        organizations; or
                            (v) other relevant stakeholders as 
                        identified by the Administrator with sufficient 
                        authority to facilitate or offer coverage of 
                        catastrophe insurance for a group of 
                        properties; and
                    (B) shall, to the extent a covered entity offers, 
                issues, underwrites, administers, or otherwise bears 
                insurance risk, only include entities described in 
                subparagraph (a) that are authorized to do so under 
                applicable State insurance laws and regulatory 
                requirements.
            (7) Native hawaiian organization.--The term ``Native 
        Hawaiian organization''--
                    (A) means an organization that--
                            (i) serves and represents the interests of 
                        Native Hawaiians;
                            (ii) provides services to Native Hawaiians; 
                        and
                            (iii) has expertise in Native Hawaiian 
                        affairs; and
                    (B) includes Native Hawaiian organizations 
                registered with Office of Native Hawaiian Relations of 
                the Department of the Interior.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (9) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of an Indian Tribe.
    (j) Preservation of State Authority.--Nothing in this Act, 
including any grant condition, guidance, program requirement, or other 
action taken pursuant to this Act, shall be construed to preempt, 
supersede, impair, or otherwise affect the application of State 
insurance laws or the authority of a State insurance regulator to 
regulate the business of insurance. To the extent any provision of this 
Act relates to the business of insurance, the Act of March 9, 1945 
(commonly known as the ``McCarran-Ferguson Act'') shall apply. No 
provision of this Act shall be construed to authorize any Federal 
department, agency, officer, employee, contractor, grantee, or program 
administrator to approve insurance products, establish insurance rates, 
license insurers or producers, approve policy forms, regulate claims 
handling, establish market conduct standards, or otherwise exercise 
authority reserved to State insurance regulators under applicable State 
laws and regulatory requirements.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $20,000,000 for each of fiscal years 2027 
through 2031 to carry out the grant program established under 
subsection (a).
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