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              Congressional
            SResearch Service






What Happens If the National Flood

Insurance Program (NFIP) Lapses?



Updated January 14, 2019

This Insight provides a short overview of what would happen if the National Flood Insurance Program
(NFIP) were not to be reauthorized by May 31, 2019, and allowed to lapse. See CRS Report R45099,
National Flood Insurance Program: Selected Issues and Legislation in the 115th Congress for the current
status of NFIP reauthorization legislation.


Expiration of Certain NFIP Authorities

The National Flood Insurance Program (NFIP) is authorized by the National Flood Insurance Act of 1968
(Title XIII of P.L. 90-448, as amended, 42 U.S.C. §4001 et seq.). The NFIP does not contain a single
comprehensive expiration, termination, or sunset provision for the whole of the program. Rather, the
NFIP has multiple different legal provisions that tie to the expiration of key components of the program.
Authorization of the NFIP was extended from September 30 until December 8, 2017 (P.L. 115-56),
extended until December 22, 2017 (P.L. 115-90), and again until January 19, 2018 (P.L. 115-96). The
NFIP lapsed between January 20 and January 22, 2018, and received a fourth short-term reauthorization
until February 8, 2018 (P.L. 115-120). This legislation also authorized FEMAto honor all policy-related
transactions accepted during the NFIP lapse. The NFIP lapsed again for approximately eight hours during
a brief government shutdown in the early morning of February 9, 2018, and was then reauthorized until
March 23, 2018 (P.L. 115-123). The NFIP received a sixth reauthorization until July 31, 2018 (P.L. 115-
141), a seventh until November 30, 2018 (P.L. 115-225), an eighth until December 7, 2018 (P.L. 115-
28 1), a ninth until December 21, 2018 (P.L. 115-298), and a tenth reauthorization until May 31, 2019 (P.L.
115-396).
The cancellation of $16 billion of NFIP debt (P.L. 115-72) has no effect on the impact of a lapse of NFIP
authorization. The 21st Century Flood Reform Act (H.R. 2874), passed by the House in November 2017,
would reauthorize the NFIP until September 30, 2022. Three bills have been introduced in the Senate to
extend the NFIP authorization (S. 1313, S. 1368, and S. 1571) but the Senate Banking Committee has yet
to take any formal action.
Unless reauthorized or amended by Congress, the following will occur on May 31, 2019:

                                                             Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                  IN10835

CRS INSIGHT
Prepared for Members and
Committees of Conaress

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