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ceding provisions of this Act, is further amended by add-
ing at the end the following new section: 
‘‘SEC. 1327. TREATMENT OF SWIMMING POOL ENCLOSURES 
OUTSIDE OF HURRICANE SEASON. 
‘‘In the case of any property that is otherwise in com-
pliance with the coverage and building requirements of the 
national flood insurance program, the presence of an en-
closed swimming pool located at ground level or in the 
space below the lowest floor of a building after November 
30 and before June 1 of any year shall have no effect on 
the terms of coverage or the ability to receive coverage 
for such building under the national flood insurance pro-
gram established pursuant to this title, if the pool is en-
closed with non-supporting breakaway walls.’’. 
SEC. 26. REQUIREMENTS RELATING TO WINDSTORM AND 
FLOOD. 
Section 1345 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4081) is amended by adding at the end 
the following new subsection: 
‘‘(d) REQUIREMENTS FOR WRITE-YOUR-OWN INSUR-
ERS RELATING TO WINDSTORM AND FLOOD.— 
‘‘(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 
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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-
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 
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‘‘(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 
differentiating damage caused by flooding and 
damage caused by wind. 
‘‘(B) TREATMENT OF WIND AND FLOOD 
CLAIMS
FROM
SAME
EVENT.—The Director 
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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 
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.. 
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‘‘(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-
ferentiating damage caused by flood-
ing and damage caused by wind that 
have been approved by the Director as 
meeting the standards established by 
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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-
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 
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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 
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.’’. 
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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-
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 
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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. 
‘‘(2) APPOINTMENT.—The National Flood In-
surance Advocate shall be appointed by the Director, 
and without regard to the provisions of title 5, 
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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; 
‘‘(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 
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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 
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 
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Committee on Financial Services of the House 
of Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate 
on the activities of the Office of the Flood In-
surance Advocate during the fiscal year ending 
during such calendar year. Any such report 
shall contain full and substantive analysis, in 
addition to statistical information, and shall— 
‘‘(i) identify the initiatives the Office 
of the Flood Insurance Advocate has taken 
on improving services for insureds under 
the national flood insurance program and 
responsiveness of the Federal Emergency 
Management Agency with respect to such 
program; 
‘‘(ii) identify areas of the law or regu-
lations relating to the national flood insur-
ance program that impose significant com-
pliance burdens on such insureds or the 
Federal Emergency Management Agency, 
including specific recommendations for 
remedying these problems; and 
‘‘(iii) include such other information 
as the National Flood Insurance Advocate 
may deem advisable. 
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‘‘(B) DIRECT SUBMISSION OF REPORT.— 
Each report required under this paragraph 
shall be provided directly to the committees 
identified in subparagraph (A) without any 
prior review or comment from the Director, the 
Secretary of Homeland Security, or any other 
officer or employee of the Federal Emergency 
Management Agency or the Department of 
Homeland Security, or the Office of Manage-
ment and Budget. 
‘‘(c) FUNDING.—Pursuant to section 1310(a)(4), the 
Director may use amounts from the National Flood Insur-
ance Fund to fund the activities of the Office of the Flood 
Advocate in each of fiscal years 2011 through 2016, ex-
cept that the amount so used in each such fiscal year may 
not exceed $5,000,000 and shall remain available until ex-
pended. Notwithstanding any other provision of this title, 
amounts made available pursuant to this subsection shall 
not be subject to offsetting collections through premium 
rates for flood insurance coverage under this title.’’. 
SEC. 31. TREATMENT OF PREVIOUSLY MAPPED AREAS. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101) is amended by adding at the end 
the following new subsection: 
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‘‘(k) 
TREATMENT
OF
PREVIOUSLY
MAPPED 
AREAS.—If the Director issues a letter of map revision 
for an area or a portion of an area to correct an error 
in a recently issued flood insurance rate map and such 
letter results in the designation of such area as not having 
special flood hazards, the Director shall reexamine the 
designation of any areas bordering or abutting the area 
that was the subject of such letter if such areas are located 
within a special flood hazard area. The Director shall in-
form the community and residents within such area of the 
results of such examination no later than one year after 
the date of the initial letter of map revision.’’. 
SEC. 32. REMAPPING OF AREAS WITH IMPROVED LEVEES. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101) is amended by adding at the end 
the following new subsection: 
‘‘(l) REMAPPING OF AREAS WITH IMPROVED LEV-
EES.—If at any time any community, any State, the Army 
Corps of Engineers, or any other entity improves any levee 
system that protects any area that is located in an area 
having special flood hazards and the Director determines 
that such improvement mitigates flood risk in a manner 
that eliminates the risk of flooding in the area, the Direc-
tor shall— 
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‘‘(1) revise and update the floodplain areas and 
flood risk zones, and the flood insurance maps re-
flecting such areas and zones, for the areas pro-
tected by such levee system so that any requirement 
under the Flood Disaster Protection Act of 1973 for 
mandatory purchase of flood insurance does not 
apply to such area; and 
‘‘(2) make the updated maps and any informa-
tion regarding such updating available to the af-
fected communities.’’. 
SEC. 33. APPEALS. 
(a) TELEVISION AND RADIO ANNOUNCEMENT.—Sec-
tion 1363 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4104) is amended— 
(1) in subsection (a), by inserting after ‘‘deter-
minations’’ by inserting the following: ‘‘by notifying 
a local television and radio station,’’; and 
(2) in the first sentence of subsection (b), by in-
serting before the period at the end the following: 
‘‘and shall notify a local television and radio station 
at least once during the same 10-day period’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to any flood elevation 
determination for any area in a community that has not, 
as of the date of the enactment of this Act, been issued 
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a Letter of Final Determination for such determination 
under the flood insurance map modernization process. 
SEC. 34. ELIGIBILITY OF PROPERTY DEMOLITION AND RE-
BUILDING UNDER FLOOD MITIGATION AS-
SISTANCE PROGRAM. 
(a) FLOOD MITIGATION ASSISTANCE PROGRAM.— 
Section 1366(e)(5)(B) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4104c(e)(5)(B)) is amended by 
striking ‘‘or floodproofing’’ and inserting ‘‘floodproofing, 
or demolition and rebuilding of properties to at least base 
flood elevation or greater, if required by any local ordi-
nance’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that section 1366 of the Flood Insurance Act of 
1968 (42 U.S.C. 4104c), as in effect on the day before 
the date of enactment of this Act, authorized the Adminis-
trator of the Federal Emergency Management Agency to 
consider property demolition and rebuilding as eligible ac-
tivities under the Flood Mitigation Assistance Program. 
The purpose of the amendment made by subsection (a) 
is to clarify that such authority exists. 
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