I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Flood Insurance Miti5 gation and Policyholder Protection Act of 2015’’. 

6 SEC. 2. CLAIMS ADJUSTMENT AND ENGINEERING RE7 PORTS. 

8 Section 1312 of the National Flood Insurance Act of 

9 1968 (42 U.S.C. 4019) is amended by adding at the end 

10 the following new subsection: 


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1 ‘‘(d) CLAIMS ADJUSTMENT AND ENGINEERING RE2 PORTS.—The Administrator shall require that, in the case 

3 of any on-site inspection of a property by a claims adjustor 

4 or engineer for the purpose of assessing any claim for 

5 losses covered by a policy for flood insurance coverage pro6 vided under this title, any report shall be provided to the 

7 insured under the policy, as follows: 

8 ‘‘(1) TIMING.—Such report may not be trans9 mitted to any other person, employer, agency, or en10 tity, before it is transmitted to the insured. 

11 ‘‘(2) PROHIBITION ON ALTERATIONS; CERTIFI12 CATION.—The report may not include alterations by, 

13 or at the request of, anyone other than such pre14 parer and shall include a certification, signed by the 

15 preparer of the report, that it does not contain any 

16 such alterations. 

17 ‘‘(3) TRANSMITTAL.—The report shall be trans18 mitted to the insured in a manner as the Adminis19 trator shall provide that provides reasonable assur20 ance that it was transmitted directly to the insured 

21 by the preparer. 

22 ‘‘(4) REPORTS COVERED.—For purposes of this 

23 subsection, the term ‘report’ means any report or 

24 document in connection with such claim that is 

25 based on such on-site inspection, including any adVerDate Sep 11 2014 05:24 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3456.IH H3456

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1 justment report, field report, and engineering report 

2 or survey. Such term also includes any draft, pre3 liminary version, or copy of any such report or sur4 vey, any amendments or additions to any such re5 port or survey,’’. 

6 SEC. 3. JUDICIAL REVIEW. 

7 (a) GOVERNMENT PROGRAM WITH INDUSTRY AS8 SISTANCE.—Section 1341 of the National Flood Insurance 

9 Act of 1968 (42 U.S.C. 4072) is amended by inserting 

10 before ‘‘, may institute’’ the following: ‘‘or, in the case of 

11 a denial of a claim for losses that is appealed to the Ad12 ministrator, within one year after the date of a final deter13 mination upon appeal denying such claim in whole or in 

14 part’’. 

15 (b) INDUSTRY PROGRAM WITH FEDERAL FINANCIAL

16 ASSISTANCE.—Section 1333 of the National Flood Insur17 ance Act of 1968 (42 U.S.C. 4053) is amended by insert18 ing before ‘‘, may institute’’ the following: ‘‘or, in the case 

19 of a denial of a claim for losses that is appealed to the 

20 Administrator, within one year after the date of a final 

21 determination upon appeal denying such claim in whole 

22 or in part’’. 


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1 SEC. 4. ISSUANCE OF GUIDELINES FOR FLOOD MITIGATION 

2 METHODS FOR BUILDINGS. 

3 The Administrator of the Federal Emergency Man4 agement Agency shall issue the guidelines required under 

5 1361(d) of the National Flood Insurance Act of 1968 (42 

6 U.S.C. 4102(d)), as added by section 26(a)(1) of the 

7 Homeowner Flood Insurance Affordability Act of 2014 

8 (Public Law 113–89; 128 Stat. 1032), not later than the 

9 expiration of the 60-day period beginning on the date of 

10 the enactment of this Act. 

Æ 


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