[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2109 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2109

    To ensure that Write Your Own companies can sell private flood 
 insurance products that compete with National Flood Insurance Program 
                               products.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

  Mr. Scott of Florida introduced the following bill; which was read 
  twice and referred to the Committee on Banking, Housing, and Urban 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
    To ensure that Write Your Own companies can sell private flood 
 insurance products that compete with National Flood Insurance Program 
                               products.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON NON-COMPETE REQUIREMENT FOR WRITE YOUR OWN 
              COMPANIES UNDER THE NATIONAL FLOOD INSURANCE PROGRAM.

    Section 1345 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4081) is amended by adding at the end the following:
    ``(f) Authority To Provide Other Flood Coverage.--
            ``(1) Write your own program defined.--In this subsection, 
        the term `Write Your Own Program' means the program under which 
        the Federal Emergency Management Agency enters into a standard 
        arrangement with private property insurance companies to--
                    ``(A) sell contracts for flood insurance coverage 
                under this title under their own business lines of 
                insurance; and
                    ``(B) adjust and pay claims arising under the 
                contracts described in subparagraph (A).
            ``(2) Prohibition on non-compete clause.--The Administrator 
        may not, as a condition of participating in the Write Your Own 
        Program or in otherwise participating in the utilization by the 
        Administrator of the facilities and services of insurance 
        companies, insurers, insurance agents and brokers, and 
        insurance adjustment organizations pursuant to the authority in 
        this section, nor as a condition of eligibility to engage in 
        any other activities under the National Flood Insurance Program 
        under this title, restrict any such company, insurer, agent, 
        broker, or organization from offering and selling private flood 
        insurance (as that term is defined in section 102(b) of the 
        Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b))).
            ``(3) Financial assistance/subsidy arrangement.--After the 
        date of enactment of this subsection, the Administrator may not 
        include in any agreement entered into with any insurer for 
        participation in the Write Your Own Program any provision 
        establishing a condition prohibited under paragraph (2).''.
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