‘‘(1) WRITTEN
AGREEMENT.—The Director 
may not utilize the facilities or services of any insur-
ance company or other insurer or entity to offer 
flood insurance coverage under this title unless such 
company, insurer, or entity enters into a written 
agreement with the Director that provides as fol-
lows: 
‘‘(A) PROHIBITION
ON
EXCLUSION
OF 
WIND
DAMAGE
COVERAGE.—The agreement 
shall prohibit the company, insurer, or entity 
from including, in any policy provided by the 
company or insurer for homeowners’ insurance 
coverage or coverage for damage from wind-
storms, any provision that excludes coverage for 
wind or other damage solely because flooding 
also contributed to damage to the insured prop-
erty. 
‘‘(B) FIDUCIARY
RESPONSIBILITY.—The 
agreement shall provide that the company, in-
surer, or entity— 
‘‘(i) has a fiduciary duty with respect 
to the Federal taxpayers; 
‘‘(ii) in selling and servicing policies 
for flood insurance coverage under this 
title and adjusting claims under such cov-
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
erage, will act in the best interests the na-
tional flood insurance program rather than 
in the interests of the company, insurer, or 
entity; and 
‘‘(iii) will provide written guidance to 
each insurance agent and claims adjuster 
for the company, insurer, or entity that 
sets forth the terms of the agreement pur-
suant to subparagraph (A) and this sub-
paragraph. 
‘‘(2) REQUIREMENTS
FOR
ADJUSTMENT
OF 
CLAIMS.—The Director shall, in utilizing the facili-
ties of any insurance company or other insurer or 
entity pursuant to this section to offer flood insur-
ance coverage under this title, the Director shall 
provide as follows: 
‘‘(A) APPROVAL OF ADJUSTMENT PROCE-
DURES.—No such insurance company, other in-
surer, or entity may offer flood insurance cov-
erage under this title unless the Director has 
approved, as meeting standards as the Director 
shall establish, the procedures, protocols, guide-
lines, standards, or instructions used by the 
company, insurer, or entity in adjusting claims 
for identifying, apportioning, quantifying, and 
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
differentiating damage caused by flooding and 
damage caused by wind. 
‘‘(B) TREATMENT OF WIND AND FLOOD 
CLAIMS
FROM
SAME
EVENT.—The Director 
shall require any insurance company or other 
insurer or entity that, pursuant to this section, 
provides flood insurance coverage under this 
title for a property and that also provides insur-
ance coverage for the same property for losses 
resulting from wind, when claims are made both 
for damage resulting from flood and for damage 
resulting from wind involved in a single event, 
to comply with the following requirements: 
‘‘(i) 
CONTEMPORANEOUS
ADJUST-
MENT.—The claims for damage to the 
property under the coverage under this 
title for losses from flood and under the 
coverage for losses from wind shall be ad-
justed contemporaneously. 
‘‘(ii) INCLUSIONS
IN
FLOOD
CLAIM 
FILE.—The insurance company, other in-
surer, or entity shall obtain and include in 
the file maintained with respect to any 
claim under the flood insurance coverage 
under this title, and make available to the 
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
Director upon request, the following infor-
mation relating to the wind claim: 
‘‘(I) The amount paid on the 
claim and the date of such payment. 
‘‘(II) An explanation of rationale 
used by the company, insurer, or enti-
ty in determining which damage re-
sulted from flood and which damage 
resulted from wind. 
‘‘(III) Copies of any photographs, 
witness statements, and other evi-
dence related to the wind or flood 
claim. 
‘‘(iii) REVIEW.—The Director shall re-
view the information obtained pursuant to 
clause (ii) to ensure that— 
‘‘(I) claims are paid under cov-
erage under this title only for losses 
resulting from flood; and 
‘‘(II) in the adjusting the claims, 
the insurance company or other in-
surer or entity complied with proce-
dures, protocols, guidelines, stand-
ards, or instructions for identifying, 
apportioning, quantifying, and dif-
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
ferentiating damage caused by flood-
ing and damage caused by wind that 
have been approved by the Director as 
meeting the standards established by 
the Director pursuant to subpara-
graph (A). 
‘‘(iv) PAYMENT UNDER FLOOD COV-
ERAGE WHEN CAUSE OF LOSS CANNOT BE 
DETERMINED.—If the insurance company 
or other insurer or entity determines that 
the loss claimed was caused by flooding or 
wind, but that the evidence is insufficient 
to differentiate the losses caused by flood-
ing from those caused by wind, the com-
pany, insurer, or entity shall pay the claim 
under the flood insurance coverage for the 
property as if the entire loss were caused 
by flooding, and shall submit all informa-
tion regarding the claim to the Director. 
‘‘(v) FEMA DETERMINATION AND RE-
COVERY.—In the case of any claim paid 
pursuant to clause (iv), the Director shall 
review the information related to the claim 
and determine, in accordance with proce-
dures for making such a determination re-
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
garding such claims as the Director shall 
establish, the losses caused by wind. The 
Director shall seek to recover any portion 
of the losses that the Director determines 
were caused by wind from the insurance 
company or other insurer or entity that, 
pursuant to clause (iv), paid such losses as 
flood losses.’’. 
SEC. 27. NOTICE OF AVAILABILITY OF FLOOD INSURANCE 
AND ESCROW IN RESPA GOOD FAITH ESTI-
MATE. 
Subsection (c) of section 5 of the Real Estate Settle-
ment Procedures Act of 1974 (12 U.S.C. 2604(c)) is 
amended by adding at the end the following new sentence: 
‘‘Each such good faith estimate shall include the following 
conspicuous statements and information: (1) that flood in-
surance coverage for residential real estate is generally 
available under the national flood insurance program 
whether or not the real estate is located in an area having 
special flood hazards and that, to obtain such coverage, 
a home owner or purchaser should contact the national 
flood insurance program; (2) a telephone number and a 
location on the Internet by which a home owner or pur-
chaser can contact the national flood insurance program; 
and (3) that the escrowing of flood insurance payments 
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
is required for many loans under section 102(d) of the 
Flood Disaster Protection Act of 1973, and may be a con-
venient and available option with respect to other loans.’’. 
SEC. 28. AUTHORIZATION OF ADDITIONAL FEMA STAFF. 
Notwithstanding any other provision of law, the Di-
rector of the Federal Emergency Management Agency 
may employ such additional staff as may be necessary to 
carry out all of the responsibilities of the Director pursu-
ant to this Act, the amendments made by this Act, and 
the national flood insurance program. There are author-
ized to be appropriated to Director such sums as may be 
necessary for costs of employing such additional staff. 
SEC. 29. PLAN TO VERIFY MAINTENANCE OF FLOOD INSUR-
ANCE ON MISSISSIPPI AND LOUISIANA PROP-
ERTIES 
RECEIVING 
EMERGENCY 
SUPPLE-
MENTAL FUNDS. 
The Secretary of Housing and Urban Development 
and the Director of the Federal Emergency Management 
Agency shall jointly develop and implement a plan to 
verify that persons receiving funds under the Homeowner 
Grant Assistance Program of the State of Mississippi or 
the Road Home Program of the State of Louisiana from 
amounts allocated to the State of Mississippi or the State 
of Louisiana, respectively, from the Community develop-
ment fund under the Emergency Supplemental Appropria-
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
tions Act to Address Hurricanes in the Gulf of Mexico and 
Pandemic Influenza, 2006 (Public Law 109–148) are 
maintaining flood insurance on the property for which 
such persons receive such funds as required by each such 
Program. 
SEC. 30. FLOOD INSURANCE ADVOCATE. 
Chapter II of the National Flood Insurance Act of 
1968 is amended by inserting after section 1330 (42 
U.S.C. 4041) the following new section: 
‘‘SEC. 1330A. OFFICE OF THE FLOOD INSURANCE ADVO-
CATE. 
‘‘(a) ESTABLISHMENT OF POSITION.— 
‘‘(1) IN GENERAL.—There shall be in the Fed-
eral Emergency Management Agency an Office of 
the Flood Insurance Advocate which shall be headed 
by the National Flood Insurance Advocate. The Na-
tional Flood Insurance Advocate shall report directly 
to the Director and shall, to the extent amounts are 
provided pursuant to subsection (f), be compensated 
at the same rate as the highest rate of basic pay es-
tablished for the Senior Executive Service under sec-
tion 5382 of title 5, United States Code, or, if the 
Director so determines, at a rate fixed under section 
9503 of such title. 
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
‘‘(2) APPOINTMENT.—The National Flood In-
surance Advocate shall be appointed by the Director, 
and without regard to the provisions of title 5, 
United States Code, relating to appointments in the 
competitive service or the Senior Executive Service. 
‘‘(3) 
QUALIFICATIONS.—An 
individual 
ap-
pointed under paragraph (2) shall have a back-
ground in customer service as well as insurance. 
‘‘(4) STAFF.—To the extent amounts are pro-
vided pursuant to subsection (f), the National Flood 
Insurance Advocate may employ such personnel as 
may be necessary to carry out the duties of the Of-
fice. 
‘‘(b) FUNCTIONS OF OFFICE.— 
‘‘(1) IN GENERAL.—It shall be the function of 
the Office of the Flood Insurance Advocate to— 
‘‘(A) assist insureds under the national 
flood insurance program in resolving problems 
with the Federal Emergency Management 
Agency relating to such program; 
‘‘(B) identify areas in which such insureds 
have problems in dealings with the Agency re-
lating to such program; 
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
‘‘(C) identify potential legislative, adminis-
trative, or regulatory changes which may be ap-
propriate to mitigate such problems; 
‘‘(D) assist communities and homeowners 
with interpreting, implementing, and appealing 
floodplain maps and floodplain map determina-
tions; 
‘‘(E) facilitate the sharing of the best-prac-
tices of the Federal Emergency Management 
Agency amongst all offices of the Agency with 
respect to the creation and updating of flood-
plain maps; 
‘‘(F) not less than one year after receipt of 
a request from a community, perform an eco-
nomic impact analysis for such community on 
the economic impact of floodplain maps and 
floodplain map determinations on small busi-
nesses, lending, real estate development, and 
other economic indicators within such commu-
nity; 
‘‘(G) establish a national arbitration panel 
regarding flood map modernization, with panel 
members consisting of experts in flood insur-
ance, flood map determination, real estate de-
velopment, structural engineering, and other 
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS
such experts, including a representative from 
the Federal Emergency Management Adminis-
tration, to allow individuals or communities im-
pacted by a flood map revision to challenge 
such a revision; such panel may, under such 
terms and conditions it may establish, tempo-
rarily suspend implementation of a floodplain 
map pending such panel’s review of evidence 
submitted by such individuals or communities 
as part of such challenge; 
‘‘(H) establish a process under which sci-
entific and engineering data, including maps 
and an explanation of how the Director makes 
a determination regarding a map revision, will 
be made publicly available to any interested in-
dividuals to be impacted by a flood map revi-
sion; 
‘‘(I) establish a process under which each 
community to be impacted by a flood map revi-
sion will be provided an open community forum 
to consult with and ask questions of representa-
tives of the Federal Emergency Management 
Administration; and 
VerDate Mar 15 2010 
01:36 Mar 12, 2011
Jkt 099200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H1026.IH
H1026
pwalker on DSKD5P82C1PROD with BILLS