[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3456 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 3456
To improve the process for claims for losses under the National Flood
Insurance Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2015
Mr. Donovan introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To improve the process for claims for losses under the National Flood
Insurance Program, 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 ``Flood Insurance Mitigation and
Policyholder Protection Act of 2015''.
SEC. 2. CLAIMS ADJUSTMENT AND ENGINEERING REPORTS.
Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C.
4019) is amended by adding at the end the following new subsection:
``(d) Claims Adjustment and Engineering Reports.--The Administrator
shall require that, in the case of any on-site inspection of a property
by a claims adjustor or engineer for the purpose of assessing any claim
for losses covered by a policy for flood insurance coverage provided
under this title, any report shall be provided to the insured under the
policy, as follows:
``(1) Timing.--Such report may not be transmitted to any
other person, employer, agency, or entity, before it is
transmitted to the insured.
``(2) Prohibition on alterations; certification.--The
report may not include alterations by, or at the request of,
anyone other than such preparer and shall include a
certification, signed by the preparer of the report, that it
does not contain any such alterations.
``(3) Transmittal.--The report shall be transmitted to the
insured in a manner as the Administrator shall provide that
provides reasonable assurance that it was transmitted directly
to the insured by the preparer.
``(4) Reports covered.--For purposes of this subsection,
the term `report' means any report or document in connection
with such claim that is based on such on-site inspection,
including any adjustment report, field report, and engineering
report or survey. Such term also includes any draft,
preliminary version, or copy of any such report or survey, any
amendments or additions to any such report or survey,''.
SEC. 3. JUDICIAL REVIEW.
(a) Government Program With Industry Assistance.--Section 1341 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4072) is amended by
inserting before ``, may institute'' the following: ``or, in the case
of a denial of a claim for losses that is appealed to the
Administrator, within one year after the date of a final determination
upon appeal denying such claim in whole or in part''.
(b) Industry Program With Federal Financial Assistance.--Section
1333 of the National Flood Insurance Act of 1968 (42 U.S.C. 4053) is
amended by inserting before ``, may institute'' the following: ``or, in
the case of a denial of a claim for losses that is appealed to the
Administrator, within one year after the date of a final determination
upon appeal denying such claim in whole or in part''.
SEC. 4. ISSUANCE OF GUIDELINES FOR FLOOD MITIGATION METHODS FOR
BUILDINGS.
The Administrator of the Federal Emergency Management Agency shall
issue the guidelines required under 1361(d) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4102(d)), as added by section 26(a)(1)
of the Homeowner Flood Insurance Affordability Act of 2014 (Public Law
113-89; 128 Stat. 1032), not later than the expiration of the 60-day
period beginning on the date of the enactment of this Act.
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