I 
115TH CONGRESS 
1ST SESSION H. R. 3285 
To reauthorize the National Flood Insurance Program, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2017 
Mr. HIGGINS of Louisiana (for himself, Mr. JOHNSON of Louisiana, Mr. PAL-
LONE, Mr. PASCRELL, Mr. SIRES, Mrs. WATSON COLEMAN, Mr. HARPER, 
Mr. PALAZZO, and Mr. PAYNE) introduced the following bill; which was 
referred to the Committee on Financial Services, and in addition to the 
Committee on Transportation and Infrastructure, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To reauthorize the National Flood Insurance Program, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sustainable, Afford-
able, Fair, and Efficient (SAFE) National Flood Insur-
ance Program Reauthorization Act of 2017’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
TITLE I—REAUTHORIZATION AND AFFORDABILITY 
Sec. 101. Extension of National Flood Insurance Program. 
Sec. 102. Limitation on increases of premiums, surcharges, and mapping fees. 
Sec. 103. Means-tested mitigation and affordability assistance. 
Sec. 104. Coverage expansion. 
Sec. 105. Additional coverage for business interruption. 
TITLE II—MITIGATION AND MAPPING 
Sec. 201. ICC expansion. 
Sec. 202. Flood mitigation assistance prioritization and authorization. 
Sec. 203. Predisaster hazard mitigation program authorization. 
Sec. 204. National Flood Mapping Program. 
Sec. 205. Reallocation of premium surcharges. 
Sec. 206. Multifamily mitigation. 
Sec. 207. Sense of Congress regarding flood mitigation activities. 
Sec. 208. New zone for levee-impacted areas. 
Sec. 209. Appeals regarding existing flood maps. 
TITLE III—COST SAVINGS 
Sec. 301. Forbearance on NFIP interest payments. 
Sec. 302. Cap on Write Your Own company compensation. 
Sec. 303. Taxpayer protection. 
Sec. 304. Vendor costs; transparency. 
TITLE IV—CLAIMS PROCESS REFORM 
Sec. 401. Earth movement clarification. 
Sec. 402. Treatment of basements. 
Sec. 403. Mold damage clarification. 
Sec. 404. Appeal of decisions relating to flood insurance coverage. 
Sec. 405. Accountability for underpayments by Write Your Own companies. 
Sec. 406. Policyholder right to know. 
Sec. 407. Increasing statute of limitations for lawsuits. 
Sec. 408. Attorney fee shifting. 
Sec. 409. DOJ defense against policyholder lawsuits. 
Sec. 410. Study on participation rates. 
Sec. 411. Federal Flood Insurance Advisory Committee. 
Sec. 412. Authority to terminate contractors and vendors. 
Sec. 413. Easing proof of loss requirements. 
Sec. 414. Elevation certificates. 
Sec. 415. Monthly installment payment for premiums. 
Sec. 416. Pilot program for pre-existing structural conditions. 
Sec. 417. Deadline for claim processing. 
Sec. 418. Engineer oversight and certification. 
Sec. 419. Engineer reports. 
Sec. 420. Improved training of agents and adjusters. 
Sec. 421. Agent Advisory Council. 
Sec. 422. Efficient use of mitigation dollars. 
Sec. 423. Improved disclosure requirements. 
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Sec. 424. Amendments to Financial Assistance/Subsidy Arrangement. 
Sec. 425. Technical and conforming amendments. 
SEC. 3. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Federal Emergency Management 
Agency; 
(2) the term ‘‘National Flood Insurance Fund’’ 
means the fund established under section 1310 of 
the National Flood Insurance Act of 1968 (42 
U.S.C. 4017); 
(3) the term ‘‘National Flood Insurance Pro-
gram’’ means the program established under the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.); 
(4) the term ‘‘National Flood Mitigation Fund’’ 
means the fund established under section 1367 of 
the National Flood Insurance Act of 1968 (42 
U.S.C. 4104d); 
(5) the term ‘‘Standard Flood Insurance Pol-
icy’’ means the policy set forth in Appendix A to 
part 61 of title 44, Code of Federal Regulations; 
(6) the term ‘‘Write Your Own company’’ 
means a company that participates in the Write 
Your Own Program; and 
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(7) the term ‘‘Write Your Own Program’’ 
means the cooperative undertaking between the in-
surance industry and the Federal Insurance and 
Mitigation Administration that allows participating 
property and casualty insurance companies to write 
and service standard flood insurance policies. 
TITLE I—REAUTHORIZATION 
AND AFFORDABILITY 
SEC. 101. EXTENSION OF NATIONAL FLOOD INSURANCE 
PROGRAM. 
(a) FINANCING.—Section 1309(a) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is 
amended, in the first sentence, by striking ‘‘September 30, 
2017’’ and inserting ‘‘September 30, 2023’’. 
(b) PROGRAM EXPIRATION.—Section 1319 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4026) is 
amended by striking ‘‘September 30, 2017’’ and inserting 
‘‘September 30, 2023’’. 
SEC. 102. LIMITATION ON INCREASES OF PREMIUMS, SUR-
CHARGES, AND MAPPING FEES. 
(a) DEFINITION.—In this section, the term ‘‘covered 
cost’’ means— 
(1) the amount of an annual premium with re-
spect to any policy for flood insurance under the Na-
tional Flood Insurance Program; 
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(2) any surcharge imposed with respect to a 
policy described in paragraph (1), including a sur-
charge imposed under— 
(A) section 1304(b) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4011(b)), as 
amended by section 201(b); or 
(B) section 1308A(a) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 
4015a(a)); and 
(3) a fee described in paragraph (1)(B)(iii) or 
(2) of section 1307(a) of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4014(a)). 
(b) LIMITATION ON INCREASES.—During the 6-year 
period beginning on the date of enactment of this Act, and 
notwithstanding section 1308(e) of the National Flood In-
surance Act of 1968 (42 U.S.C. 4015(e)), the Adminis-
trator may not, in any year, increase the amount of any 
covered cost by an amount that is more than 10 percent, 
as compared with the amount of the covered cost during 
the previous year. 
(c) RULE
OF CONSTRUCTION.—Nothing in sub-
section (b) may be construed as prohibiting the Adminis-
trator from reducing, in any year, the amount of any cov-
ered cost, as compared with the amount of the covered 
cost during the previous year. 
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(d) AVERAGE HISTORICAL LOSS YEAR.—Section 
1308 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4015) is amended by striking subsection (h) and 
inserting the following: 
‘‘(h) RULE OF CONSTRUCTION.—For purposes of this 
section, the calculation of an ‘average historical loss year’ 
shall be computed in accordance with generally accepted 
actuarial principles.’’. 
SEC. 
103. 
MEANS-TESTED 
MITIGATION 
AND 
AFFORD-
ABILITY ASSISTANCE. 
Chapter I of the National Flood Insurance Act of 
1968 (42 U.S.C. 4011 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 1326. AFFORDABILITY ASSISTANCE. 
‘‘(a) AFFORDABILITY ASSISTANCE FUND.— 
‘‘(1) 
ESTABLISHMENT.—The 
Administrator 
shall establish in the Treasury of the United States 
an Affordability Assistance Fund (referred to in this 
section as the ‘Fund’), which shall be— 
‘‘(A) an account separate from any other 
accounts or funds available to the Adminis-
trator; and 
‘‘(B) available without fiscal year limita-
tion. 
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‘‘(2) USE OF FUNDS.—Amounts from the Fund 
shall be available to provide financial assistance 
under subsection (b). 
‘‘(3) SOURCE OF FUNDS.—The Fund shall be 
credited with any surcharges imposed and collected 
by the Administrator under section 1308A(a). 
‘‘(b) FINANCIAL ASSISTANCE.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘adjusted gross income’ has 
the meaning given the term in section 62 of the 
Internal Revenue Code of 1986; 
‘‘(B) the term ‘covered project’ means a 
mitigation project with respect to a household 
that reduces the total amount of actuarial risk 
during a 50-year period by an amount that is 
greater than the total cost of the project, sub-
ject to paragraph (4); 
‘‘(C) the term ‘eligible household’ means a 
household for which— 
‘‘(i) housing expenses exceed 30 per-
cent of the adjusted gross income of the 
household in a year; and 
‘‘(ii) the total assets owned by the 
household 
are 
not 
greater 
than 
$1,000,000; and 
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‘‘(D) the term ‘housing expenses’ means, 
with respect to a household, the total amount 
that the household spends in a year on— 
‘‘(i) mortgage payments; 
‘‘(ii) property taxes; 
‘‘(iii) homeowners insurance; 
‘‘(iv) premiums for flood insurance 
under the national flood insurance pro-
gram; and 
‘‘(v) principal and interest payments 
for a loan provided under this section. 
‘‘(2) AUTHORITY.— 
‘‘(A) LOANS FOR COVERED PROJECTS.— 
The Administrator shall provide a low- or zero- 
interest loan to an eligible household to fund a 
covered project. 
‘‘(B) OTHER
FINANCIAL
ASSISTANCE.— 
The Administrator shall provide a voucher, 
grant, or premium credit to an eligible house-
hold for a year in an amount that is equal to 
the lesser of— 
‘‘(i) the difference between— 
‘‘(I) the housing expenses of the 
household for the year; and 
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‘‘(II) 30 percent of the adjusted 
gross income of the household for the 
year; and 
‘‘(ii) the sum of— 
‘‘(I) the cost of premiums for the 
household for flood insurance under 
the national flood insurance program 
for the year; and 
‘‘(II) principal and interest pay-
ments for the household for the year 
for a loan provided under this section. 
‘‘(3) RELATIONSHIPS
WITH
OTHER
AGEN-
CIES.—The Administrator may enter into a memo-
randum of understanding with the head of any other 
Federal agency to administer the provision of loans 
under paragraph (2)(A). 
‘‘(4) USE
OF
DISCOUNT
RATE
IN
CALCULA-
TION.—The 
Administrator 
shall 
calculate 
the 
amounts under paragraph (1)(B) using a discount 
rate of 3 percent.’’. 
SEC. 104. COVERAGE EXPANSION. 
(a) IN GENERAL.—Section 1306(b) of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is 
amended— 
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(1) in paragraph (2), by striking ‘‘$250,000’’ 
and inserting ‘‘$500,000’’; and 
(2) in paragraph (4), by striking ‘‘applicable) of 
$500,000’’ 
and 
inserting 
‘‘applicable) 
of 
$1,500,000’’. 
(b) RULE OF CONSTRUCTION.—Notwithstanding sec-
tion 102 of the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4012a), nothing in the amendments made by sub-
section (a) may be construed as requiring a person to ob-
tain flood insurance in an amount that is greater than 
the amount of flood insurance held by that person on the 
day before the date of enactment of this Act. 
SEC. 105. ADDITIONAL COVERAGE FOR BUSINESS INTER-
RUPTION. 
(a) IN GENERAL.—The Administrator shall conduct 
a study on the feasibility and soundness of offering cov-
erage for interruption business losses caused by a flood 
under the National Flood Insurance Program (referred to 
in this section as ‘‘business interruption coverage’’). 
(b) CONTENTS.—In conducting the study under sub-
section (a), the Administrator shall, at a minimum— 
(1) evaluate insurance industry best practices 
for offering business interruption coverage, including 
the types of coverage provided and the utilization 
rate; 
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(2) estimate the potential risk premium rates 
for business interruption coverage based on the flood 
risk reflected in the flood insurance rate map or 
other risk metrics in effect at the time of purchase; 
(3) analyze the operational and administrative 
expenses associated with providing business inter-
ruption coverage and adjusting claims; 
(4) identify potential obstacles that may prevent 
the Administrator from offering business interrup-
tion coverage; 
(5) evaluate the benefits of providing business 
interruption coverage; 
(6) analyze any potential impacts on the finan-
cial position of the National Flood Insurance Pro-
gram; and 
(7) develop a feasibility implementation plan 
and projected timelines for offering business inter-
ruption coverage. 
(c) AVAILABILITY OF EXPERTS.—In conducting the 
study under subsection (a), the Administrator may accept 
and utilize the personnel and services of any other Federal 
agency, and appoint and fix the compensation of tem-
porary personnel without regard to the provisions of title 
5, United States Code, governing appointments in the 
competitive service, or employ experts and consultants in 
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accordance with the provisions of section 3109 of such 
title, without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classi-
fication and General Schedule pay rates. 
(d) DEADLINE.—The Administrator shall complete 
the study required under subsection (a) not later than 
September 30 of the second full fiscal year after the date 
of enactment of this Act. 
TITLE II—MITIGATION AND 
MAPPING 
SEC. 201. ICC EXPANSION. 
(a) INCREASE OF LIMITATION ON LIABILITY.—Not 
later than 180 days after the date of enactment of this 
Act, the Administrator shall amend the Standard Flood 
Insurance Policy to increase the limitation on liability re-
lating to ‘‘Coverage D—Increased Cost of Compliance’’ 
from $30,000 to $100,000. 
(b) EXPANSION
OF ELIGIBILITY; CLARIFICATION 
WITH RESPECT TO COVERAGE LIMITS; NON-FEDERAL 
MATCH.— 
(1) IN GENERAL.—Section 1304(b) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4011(b)) is amended— 
(A) in paragraph (4), by redesignating 
subparagraphs (A) through (D) as clauses (i) 
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through (iv), respectively, and adjusting the 
margins accordingly; 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (4) as subparagraphs (A) through (D), 
respectively, and adjusting the margins accord-
ingly; 
(C) in the matter preceding subparagraph 
(A), as so redesignated, by striking ‘‘The na-
tional’’ and inserting the following: 
‘‘(1) IN GENERAL.—The national’’; 
(D) in paragraph (1), as so designated— 
(i) in subparagraph (A), as so redesig-
nated, by inserting ‘‘, without regard to 
whether the property is in an area having 
special flood hazards’’ after ‘‘loss struc-
tures’’; 
(ii) in subparagraph (C), as so redes-
ignated, by striking the period at the end 
and inserting ‘‘; and’’; 
(iii) in subparagraph (D), as so redes-
ignated— 
(I) in the matter preceding clause 
(ii), as so redesignated, by inserting 
‘‘subject to paragraph (2),’’ before 
‘‘properties for which’’; 
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(II) in clause (iii), as so redesig-
nated, by striking ‘‘and’’ at the end; 
(III) in clause (iv), as so redesig-
nated, by striking the period at the 
end and inserting ‘‘; and’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(v) a property outside an area having 
special flood hazards if the community, 
under section 1361, has established land 
use and control measures for the area in 
which the property is located.’’; 
(E) in the flush text following paragraph 
(1)(D)(v), as added by subparagraph (D) of 
this paragraph, by striking ‘‘The Adminis-
trator’’ and inserting the following: 
‘‘(3) SURCHARGES.—The Administrator’’; and 
(F) by inserting after paragraph (1), as so 
designated by subparagraph (A) of this para-
graph, the following: 
‘‘(2) 
USE
OF
FUNDS
FOR
MITIGATION 
PROJECTS.—The Administrator shall allow a policy-
holder to use insurance purchased under this sub-
section for any eligible project costs under a pro-
gram described in clause (i), (ii), or (iii) of para-
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graph (1)(D) of an acquisition, demolition, elevation, 
relocation, or small structural project funded under 
that program, including— 
‘‘(A) asbestos remediation; 
‘‘(B) the demolition of a driveway or side-
walk when a structure is acquired; and 
‘‘(C) the addition of a lift, ramp, or other 
device that is necessary for a homeowner or oc-
cupant with a physical limitation or disability to 
safely access a home that has been elevated.’’. 
(2) MANDATORY NATURE OF ICC STATUTE.— 
(A) FINDING.—Congress finds that, al-
though section 1304(b) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4011(b)), as 
in effect on the day before the date of enact-
ment of this Act, requires the Administrator to 
offer increased cost of compliance (commonly 
known as ‘‘ICC’’) coverage to each type of 
property described in paragraphs (1) through 
(4) of that section, the Administrator has im-
plemented that section by effectively only offer-
ing ICC coverage to properties described in 
paragraph (2) of that section. 
(B) RULE OF CONSTRUCTION.—Nothing in 
section 1304(b) of the National Flood Insur-
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ance Act of 1968 (42 U.S.C. 4011(b)), as 
amended by paragraph (1), shall be construed 
to permit the Administrator to choose which 
types of properties described in paragraphs (1) 
through (5) of such section 1304(b) should be 
eligible for ICC insurance rather than offering 
ICC insurance to all such types of properties as 
required under such section 1304(b). 
SEC. 
202. 
FLOOD 
MITIGATION 
ASSISTANCE 
PRIORITIZATION AND AUTHORIZATION. 
(a) FLOOD MITIGATION ASSISTANCE GRANT PRO-
GRAM PRIORITY.—Section 1366(a) of the National Flood 
Insurance Act (42 U.S.C. 4104c(a)) is amended— 
(1) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C), respectively, 
and adjusting the margins accordingly; 
(2) in the second sentence of the matter pre-
ceding subparagraph (A), as so redesignated, by 
striking ‘‘assistance shall be’’ and inserting the fol-
lowing: ‘‘assistance shall— 
‘‘(1) be’’; 
(3) in paragraph (1)(C), as so redesignated, by 
striking the period at the end and inserting ‘‘; and’’; 
and 
(4) by adding at the end the following: 
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‘‘(2) in addition to the requirement under para-
graph (1)(C), give priority to properties— 
‘‘(A) that are repetitive loss structures; 
‘‘(B) with respect to which flood insurance 
premiums are unaffordable, as determined by 
the Administrator; and 
‘‘(C) for which losses exceed the replace-
ment value of the properties.’’. 
(b) ADDITIONAL MITIGATION ASSISTANCE.— 
(1) AUTHORIZATION OF APPROPRIATIONS.— 
(A) 
APPROPRIATIONS
FROM
GENERAL 
FUND OF TREASURY.—For each of the first 6 
full fiscal years after the date of enactment of 
this Act, there is authorized to be appropriated 
$1,000,000,000 to the National Flood Mitiga-
tion Fund to provide mitigation assistance 
under this subsection. 
(B) RULE
OF
CONSTRUCTION.—The au-
thorization of appropriations under subpara-
graph (A) shall not be construed to authorize 
the transfer or crediting to the National Flood 
Mitigation Fund of any amounts from the Na-
tional Flood Insurance Fund. 
(2) 
COMMUNITY-WIDE
MITIGATION 
PROJECTS.—Notwithstanding any other provision of 
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law, including section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c) and sec-
tion 203 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5133), in 
providing mitigation assistance under this sub-
section, in order to lessen disaster losses and en-
hance the financial stability and effectiveness of the 
National Flood Insurance Program, the Adminis-
trator shall give priority to utilizing flood mitigation 
activities that— 
(A) provide benefits to an entire floodplain 
or community, or to a portion of such a com-
munity; 
(B) consider all available and practicable 
approaches; and 
(C) the Administrator determines— 
(i) are technically feasible; 
(ii) have the highest net benefits; and 
(iii) are consistent with mitigation 
plans approved by the Administrator. 
SEC. 203. PREDISASTER HAZARD MITIGATION PROGRAM 
AUTHORIZATION. 
For each of the first 6 full fiscal years following the 
date of enactment of this Act, there is authorized to be 
appropriated $500,000,000 to carry out the predisaster 
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hazard mitigation program under section 203 of the Rob-
ert T. Stafford Disaster Assistance and Emergency Relief 
Act (42 U.S.C. 5133). 
SEC. 204. NATIONAL FLOOD MAPPING PROGRAM. 
Section 100216 of the Biggert-Waters Flood Insur-
ance Reform Act of 2012 (42 U.S.C. 4101b) is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (A), by striking 
‘‘to—’’ and all that follows through the end of 
clause (vi) and inserting ‘‘to all areas of the 
United States;’’; 
(B) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(C) in subparagraph (C), by striking ‘‘ac-
curate topography’’ and all that follows through 
the period at the end and inserting ‘‘current 
and best remote sensing technology; and’’; and 
(D) by adding at the end the following: 
‘‘(D) when appropriate, partner with other 
Federal agencies and private entities in order to 
meet the objectives of the program.’’; 
(2) by redesignating subsection (f) as sub-
section (g); 
(3) by inserting after subsection (e) the fol-
lowing: 
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‘‘(f) INCORPORATING
BUILDING-SPECIFIC
FLOOD 
RISK INFORMATION.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—Not later than 5 years 
after the date of enactment of the Sustainable, 
Affordable, Fair, and Efficient (SAFE) Na-
tional Flood Insurance Program Reauthoriza-
tion Act of 2017, the Administrator, in coordi-
nation with, and as recommended by, the Tech-
nical Mapping Advisory Council, shall establish 
a dynamic, database-derived digital display en-
vironment for flood hazard risk production and 
dissemination. 
‘‘(B) CONSULTATION
WITH
STATES
AND 
COMMUNITIES.—In designing and constructing 
the environment under subparagraph (A), the 
Administrator shall— 
‘‘(i) leverage and partner with States 
and communities that have successfully im-
plemented the same approach; and 
‘‘(ii) consider adopting the techniques 
and technologies used by States and com-
munities described in clause (i) and apply-
ing them nationwide. 
‘‘(2) DIGITAL DISPLAY.— 
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‘‘(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall create a dig-
ital display prompted through dynamic querying 
of a spatial, relational building database that 
may not be publically disseminated and that in-
cludes— 
‘‘(i) special flood hazard areas and 
base flood elevations for purposes of lender 
compliance with the requirements under 
section 102 of the Flood Disaster Protec-
tion Act of 1973 (42 U.S.C. 4012a); and 
‘‘(ii) structure-specific flood risk infor-
mation, including, for each property ad-
dress— 
‘‘(I) the spatial footprint and ele-
vation of the structure relative to spe-
cial flood hazard areas and base flood 
elevations; 
‘‘(II) the most current elevation 
certificate applicable to the property; 
‘‘(III) any letter of map changes; 
‘‘(IV) the full risk premium rate 
estimated for the structure under sec-
tion 1307(a)(1) of the National Flood 
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Insurance Act of 1968 (42 U.S.C. 
4014(a)(1)) based on elevation data; 
‘‘(V) the disclosure described in 
section 1308(l) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 
4015(l)), which shall include— 
‘‘(aa) the extent to which, if 
any, the chargeable premium rate 
applicable to the property is less 
than the full risk premium rate 
under section 1307(a)(1) of that 
Act (42 U.S.C. 4014(a)(1)); and 
‘‘(bb) an explanation of the 
difference described in item (aa) 
and the methodology used to rate 
the property; 
‘‘(VI) the estimated cost to re-
pair the structure in the case of dam-
age from floods with recurrence inter-
vals ranging from the 10 percent an-
nual chance event to the 0.2 percent 
annual chance event; 
‘‘(VII) the cost-effectiveness of 
mitigating the structure using com-
mon methods and how the chargeable 
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premium rate would change based on 
each mitigation method; and 
‘‘(VIII) the claims history of the 
structure, including the amount and 
date of each loss. 
‘‘(B) PRIVACY REQUIREMENTS.—With re-
spect to the database described in subparagraph 
(A), including any data used to create that 
database, the Administrator may not dissemi-
nate the database to— 
‘‘(i) the public; or 
‘‘(ii) a private company for use by the 
private company. 
‘‘(3) DATABASE.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall— 
‘‘(i) develop a spatial, relational data-
base of buildings in the national flood in-
surance program; and 
‘‘(ii) obtain the data necessary to sup-
port the digital display created under para-
graph (2). 
‘‘(B) DATA.—The data obtained under 
subparagraph (A) shall include, at a min-
imum— 
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‘‘(i) footprints and elevations (includ-
ing lowest adjacent grade and first floor) 
from Light Detection and Ranging (com-
monly known as ‘LiDAR’) data collections 
or other data collection methods that meet 
or exceed the standards for buildings, as 
determined by the Administrator; 
‘‘(ii) elevation certificates; 
‘‘(iii) parcel, address, and imagery 
data necessary for the identification, as-
sessment, and reduction of flood hazards 
for individual properties; 
‘‘(iv) flood insurance rate maps, stud-
ies, and supporting data; 
‘‘(v) letters of map change; and 
‘‘(vi) any other data that the Adminis-
trator determines necessary to collect to 
meet the objectives of this section. 
‘‘(4) DATA PROCUREMENT.—The Administrator 
shall obtain any data necessary to establish the envi-
ronment under paragraph (1), including by— 
‘‘(A) directing communities participating 
in the national flood insurance program, by reg-
ulation, to collect and supply information, in-
cluding elevation data, for each structure that 
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obtains a construction or other development 
permit within— 
‘‘(i) a special flood hazard area; or 
‘‘(ii) an advisory special flood hazard 
area adopted by the community; 
‘‘(B) issuing guidelines and standards, as 
determined by the Administrator; 
‘‘(C) partnering with other Federal, State, 
local, and private stakeholders to the greatest 
extent possible to obtain and share existing 
data that meets or exceeds the standards deter-
mined by the Administrator under subpara-
graph (B); and 
‘‘(D) contracting with private companies to 
obtain new LiDAR data collections or elevation 
certificates. 
‘‘(5) NFIP PREMIUM CREDIT.—The Adminis-
trator shall provide a 1-time premium credit of not 
more than $500 to a policyholder for the purchase 
of an elevation certificate. 
‘‘(6) MASS LETTERS OF MAP CHANGE.—In co-
ordination with States and communities that have 
successfully implemented a dynamic, database-de-
rived digital display environment for flood hazard 
risk production and dissemination, the Adminis-
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trator shall issue guidelines for the adoption and in-
tegration into the National Flood Mapping Program 
of LiDAR-based letter of map amendment ap-
proaches. 
‘‘(7) ANNUAL
REPORT.—The Administrator 
shall submit to the Committee on Banking, Housing, 
and Urban Affairs of the Senate and the Committee 
on Financial Services of the House of Representa-
tives an annual progress report on the implementa-
tion of this subsection, which shall include rec-
ommendations to reduce the cost and improve the 
implementation of this subsection.’’; and 
(4) in subsection (g), as so redesignated— 
(A) 
by 
striking 
‘‘this 
section 
$400,000,000’’ and inserting the following: 
‘‘this section— 
‘‘(1) $400,000,000’’; and 
(B) by striking the period at the end and 
inserting the following: ‘‘; and 
‘‘(2) $800,000,000 for each of fiscal years 2018 
through 2023.’’. 
SEC. 205. REALLOCATION OF PREMIUM SURCHARGES. 
Chapter I of the National Flood Insurance Act of 
1968 (42 U.S.C. 4011 et seq.) is amended— 
(1) in section 1308A (42 U.S.C. 4015a)— 
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(A) by redesignating subsection (c) as sub-
section (d); 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) USE OF SURCHARGES.—The Administrator shall 
deposit any surcharge imposed and collected under sub-
section (a) in the Affordability Assistance Fund estab-
lished under subsection (a) of section 1326 in order to 
provide financial assistance under subsection (b) of that 
section.’’; and 
(C) in subsection (d), as so redesignated, 
by striking ‘‘Subsections (a) and (b)’’ and in-
serting ‘‘Subsections (a) through (c)’’; and 
(2) in section 1310A(c) (42 U.S.C. 4017A(c)), 
by striking paragraph (4). 
SEC. 206. MULTIFAMILY MITIGATION. 
(a) IN GENERAL.—Section 1361(d)(1) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4102(d)(1)) is amended, in the matter preceding subpara-
graph (A), by inserting ‘‘(including multifamily buildings 
in urban areas)’’ after ‘‘residential buildings’’. 
(b) PREMIUM CREDIT.—Section 1308(k) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4015(k)) 
is amended by striking ‘‘the Administrator shall’’ and all 
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that follows through the period at the end and inserting 
the following: ‘‘the Administrator shall— 
‘‘(1) take into account the implementation of 
any mitigation method identified by the Adminis-
trator in the guidance issued under section 1361(d) 
(42 U.S.C. 4102(d)); and 
‘‘(2) offer a premium credit to a property owner 
for the implementation of any alternative mitigation 
method with respect to a multifamily building in an 
urban area, as described in paragraph (1) of such 
section 1361(d).’’. 
(c) LAND USE CONTROLS.— 
(1) IN GENERAL.—Section 1315(a) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4022(a)) is amended by adding at the end the fol-
lowing: 
‘‘(3) LAND USE CONTROLS FOR CERTAIN MUL-
TIFAMILY BUILDINGS IN URBAN AREAS.— 
‘‘(A) DEFINITION.—In this paragraph, the 
term ‘covered area’ means an area that— 
‘‘(i) is an urban area; and 
‘‘(ii) has been identified as having 
special flood hazards. 
‘‘(B) ADOPTION
OF
LAND
USE
CON-
TROLS.—Notwithstanding any other provision 
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of law, the Administrator, under paragraph (1), 
may require an appropriate public body, with 
respect to a covered area that is seeking to ob-
tain flood insurance under this title, to adopt 
land use and control measures for the repair, 
restoration, or substantial improvement of any 
mid- or high-rise building that is located in the 
covered area. 
‘‘(C) COMMUNITY
STRATEGY.—With re-
spect to a covered area described in subpara-
graph (B), the Administrator shall encourage 
the covered area to develop, and assist the cov-
ered area in developing, a comprehensive strat-
egy that— 
‘‘(i) reduces flood damage to mid- and 
high-rise multifamily buildings in the cov-
ered area that— 
‘‘(I) will be repaired, restored, or 
substantially improved; and 
‘‘(II) cannot be elevated; 
‘‘(ii) identifies technical mitigation ac-
tivities that may be applied to the build-
ings described in clause (i), including con-
siderations for mechanical, electrical, and 
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utility components, that will protect life 
and property; 
‘‘(iii) documents that the covered area 
has established procedures for— 
‘‘(I) the implementation of per-
formance standards; 
‘‘(II) requiring evacuation plans; 
and 
‘‘(III) developing a maintenance 
strategy for any mitigation activity 
that is applied under clause (ii); and 
‘‘(iv) establishes guidelines for per-
formance standards that will— 
‘‘(I) allow for a combination of 
partial mitigation activities, other 
than elevation, for areas (other than 
residential areas) in the covered area; 
and 
‘‘(II) be applied to mid- and 
high-rise multifamily buildings in the 
areas described in subclause (I).’’. 
(2) LAND
MANAGEMENT
INVESTIGATIONS.— 
Section 1361(b) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4102(b)) is amended by in-
serting ‘‘, including whether a State or local govern-
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ment, as applicable, has enacted the requirements 
described in section 1327(b)’’ after ‘‘other building 
restrictions’’. 
(d) CALCULATION OF RISK PREMIUM RATES.—Sec-
tion 1308 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4015) is amended by adding at the end the 
following: 
‘‘(n) CONSIDERATION OF ALTERNATIVE MITIGATION 
METHODS.—With respect to a chargeable rate prescribed 
for a building described in section 1315(a)(3)(B), the Ad-
ministrator shall ensure that the rate properly reflects the 
reduction in flood risk after adopting the land use and 
control measures described in that section, if applicable.’’. 
SEC. 207. SENSE OF CONGRESS REGARDING FLOOD MITIGA-
TION ACTIVITIES. 
It is the sense of Congress that the Administrator 
should consider flood mitigation activities that— 
(1) provide benefits to an entire floodplain or 
community, or to a portion of such a community; 
(2) consider all available and practicable ap-
proaches; and 
(3) the Administrator determines— 
(A) are technically feasible; 
(B) have the highest net benefits; and 
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(C) are consistent with mitigation plans 
approved by the Administrator. 
SEC. 208. NEW ZONE FOR LEVEE-IMPACTED 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: 
‘‘(k) LEVEE-IMPACTED AREAS.— 
‘‘(1) IN GENERAL.—Subject to full implementa-
tion of subparagraphs (A)(iii) and (B) of section 
100216(b)(1) of the Biggert-Waters Flood Insur-
ance Reform Act of 2012 (42 U.S.C. 4101b(b)(1)) 
and notwithstanding any other provision of law, if a 
community applies to the Administrator for the re-
mapping of a levee-impacted area in which the perti-
nent levee system fails to meet the minimum design, 
operation, and maintenance standards of the Na-
tional Flood Insurance Program required for levee 
accreditation on a flood insurance rate map in ac-
cordance with the Levee Analysis Mapping Proce-
dure initiated by the Administrator to replace the 
‘without levees’ approach to a Flood Insurance 
Study, the Administrator shall— 
‘‘(A) establish flood risk zones for those 
levee-impacted areas on such maps, to be 
known as ‘AL-E zones’, that have an estab-
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lished elevation for community floodplain man-
agement; and 
‘‘(B) make flood insurance available to 
properties located within those levee-impacted 
areas. 
‘‘(2) TRANSITION.—During the period begin-
ning on the date of enactment of this subsection and 
ending on the date on which the Administrator de-
velops rates for the various AL-E zones, a structure 
located in a portion of a community that is located 
within a levee-impacted area described in paragraph 
(1) shall be eligible for rates associated with areas 
of moderate flood hazards.’’. 
SEC. 209. APPEALS REGARDING EXISTING FLOOD MAPS. 
(a) IN GENERAL.— 
(1) RIGHT TO APPEAL.—Section 1360 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4101), as amended by section 208, is amended by 
adding at the end the following: 
‘‘(l) APPEALS OF EXISTING MAPS.— 
‘‘(1) RIGHT TO APPEAL.—Subject to paragraph 
(6), a State or local government, or the owner or les-
see of real property, that makes a formal request to 
the Administrator to update a flood insurance rate 
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map that the Administrator denies may at any time 
appeal the denial in accordance with this subsection. 
‘‘(2) BASIS FOR APPEAL.—The basis for an ap-
peal under this subsection shall be the possession of 
knowledge or information that— 
‘‘(A) the base flood elevation level or des-
ignation of any aspect of a flood insurance rate 
map is scientifically or technically inaccurate; or 
‘‘(B) factors exist that mitigate the risk of 
flooding, including ditches, banks, walls, vegeta-
tion, levees, lakes, dams, reservoirs, basin, re-
tention ponds, and other natural or manmade 
topographical features. 
‘‘(3) APPEALS PROCESS.— 
‘‘(A) ADMINISTRATIVE
ADJUDICATION.— 
The Administrator shall determine an appeal 
under this subsection by making a final adju-
dication on the record, after providing an op-
portunity for an administrative hearing. 
‘‘(B) RIGHTS UPON ADVERSE DECISION.— 
‘‘(i) OPTIONAL ARBITRATION.—If an 
appeal determined under subparagraph (A) 
does not result in a decision in favor of the 
State, local government, owner, or lessee, 
that party may request that an appeal of 
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the adverse decision be heard through 
independent, non-binding arbitration. 
‘‘(ii) PROCESS.—The Administrator 
shall establish a process for arbitration 
under clause (i) under which the arbitrator 
provides a non-binding recommendation to 
the Administrator. 
‘‘(4) RELIEF.— 
‘‘(A) WHOLLY SUCCESSFUL APPEALS.—If 
the Administrator determines, in an appeal 
under this subsection, that the property of a 
policyholder that had been included in a special 
flood hazard area under the flood insurance 
rate map is actually not in a special flood haz-
ard area— 
‘‘(i) the policyholder may cancel the 
policy at any time during the year in which 
the Administrator makes the determina-
tion; and 
‘‘(ii) the Administrator shall provide 
the policyholder a refund equal to the 
amount of— 
‘‘(I) any premiums that the pol-
icyholder paid during the year de-
scribed in clause (i); and 
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‘‘(II) any premiums that the pol-
icyholder paid for flood insurance cov-
erage that the policyholder was re-
quired to purchase or maintain during 
the 2-year period preceding the year 
described in clause (i). 
‘‘(B) PARTIALLY SUCCESSFUL APPEALS.— 
If the Administrator determines in an appeal 
under this subsection that mitigating factors 
have reduced, but not eliminated, the risk of 
flooding to a property, the Administrator 
shall— 
‘‘(i) reduce the amount of flood insur-
ance coverage required to be maintained 
for the property by the ratio of the suc-
cessful portion of the appeal as compared 
to the entire appeal; and 
‘‘(ii) provide the policyholder a refund 
equal to the difference between— 
‘‘(I) the amount of any premiums 
that the policyholder paid during the 
period— 
‘‘(aa) beginning on the later 
of— 
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‘‘(AA) 
the 
date 
on 
which the mitigating factor 
was created; or 
‘‘(BB) January 1 of the 
second year preceding the 
date on which the deter-
mination is made; and 
‘‘(bb) ending on the date on 
which 
the 
reduction 
in 
the 
amount of flood insurance re-
quired, as described in clause (i), 
takes effect; and 
‘‘(II) the amount of premiums 
that the policyholder would have been 
required to pay if the reduced amount 
of flood insurance coverage required, 
as described in clause (i), had been in 
effect during the period described in 
subclause (I) of this clause. 
‘‘(C) ADDITIONAL RELIEF.—The Adminis-
trator may provide additional refunds in excess 
of the amounts required under subparagraphs 
(A) and (B) if the Administrator determines 
that such additional refunds are warranted. 
‘‘(5) RECOVERY OF COSTS.— 
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‘‘(A) APPEAL EXPENSES.—If a State or 
local government, or the owner or lessee of real 
property, incurs any expense in connection with 
an appeal under this subsection that is based 
on a scientific or technical error made by the 
Administrator and that is successful in whole or 
part regarding the designation of the base flood 
elevation or any aspect of a flood insurance rate 
map, including elevation or designation of a 
special flood hazard area, the Administrator 
shall reimburse the State, local government, 
owner, or lessee in accordance with subpara-
graph (B). 
‘‘(B) 
REIMBURSABLE
EXPENSES.—The 
Administrator— 
‘‘(i) may reimburse a party under 
subparagraph (A) for reasonable expenses 
described in that subparagraph— 
‘‘(I) including for a service pro-
vided by a surveyor, engineer, or sci-
entific expert; and 
‘‘(II) to the extent measured by 
the ratio of the successful portion of 
the appeal as compared to the entire 
appeal; and 
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‘‘(ii) may not reimburse a party under 
subparagraph (A) for— 
‘‘(I) the cost of legal services; or 
‘‘(II) the payment of any fee or 
expense, the payment of which was 
agreed to be contingent upon the re-
sult of the appeal. 
‘‘(6) 
GUIDANCE.—The 
Administrator 
shall 
issue guidance to implement this subsection, which 
shall not be subject to the notice and comment re-
quirements under section 553 of title 5, United 
States Code.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 1310(a) of the National Flood In-
surance Act of 1968 (42 U.S.C. 4017(a)) is amend-
ed— 
(A) in paragraph (7), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (8), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) for providing reimbursements of expenses 
of flood insurance rate map appeals under section 
1360(k)(5).’’. 
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SEC. 302. CAP ON WRITE YOUR OWN COMPANY COMPENSA-
TION. 
(a) IN GENERAL.—Section 1311 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4018) is amend-
ed— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) LIMITATION
ON
COMPENSATION; MINIMUM 
AGENT COMMISSIONS.—In negotiating with appropriate 
representatives of the insurance industry under subsection 
(a), the Administrator shall ensure that— 
‘‘(1) any reimbursement paid to a property and 
casualty insurance company for selling, writing, and 
servicing flood insurance policies is not more than 
22.46 percent of the aggregate amount of premiums 
charged by the insurance company; and 
‘‘(2) an insurance company pays a portion of 
the reimbursement described in paragraph (1) to 
agents of the company as a commission, in an 
amount that is not less than 15 percent of the ag-
gregate amount of the premiums sold by the 
agent.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 1311 of the National Flood Insurance Act of 1968 
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(42 U.S.C. 4018), as amended by subsection (a), is 
amended— 
(1) in subsection (a), by striking ‘‘The Adminis-
trator’’ and inserting ‘‘IN GENERAL.—The Adminis-
trator’’; and 
(2) in subsection (c), by striking ‘‘For purposes 
of subsection (a)’’ and inserting ‘‘DEFINITIONS.— 
For purposes of this section’’. 
SEC. 303. TAXPAYER PROTECTION. 
Section 1360(g) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4101(g)) is amended— 
(1) in the first sentence, by inserting ‘‘, subject 
to the following sentence,’’ after ‘‘at a reasonable 
cost’’; and 
(2) by inserting after the first sentence the fol-
lowing: ‘‘The Administrator shall develop a fee 
schedule based on recovering the actual costs of pro-
viding flood insurance rate maps to such other per-
sons, and shall charge a fee based on the schedule 
to any private entity for the use of such a map.’’. 
SEC. 304. VENDOR COSTS; TRANSPARENCY. 
(a) IN GENERAL.—Section 100224(d) of the Biggert- 
Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 
4081 note) is amended— 
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(1) by striking ‘‘Not later than 12 months after 
the date of enactment of this Act, the Adminis-
trator’’ and inserting the following: 
‘‘(A) IN GENERAL.—The Administrator’’; 
and 
(2) by adding at the end the following: 
‘‘(B) VENDOR COSTS; TRANSPARENCY.—In 
issuing the rule under subparagraph (A), the 
Administrator shall— 
‘‘(i) develop a schedule to determine 
the actual costs of Write Your Own ven-
dors, including claims adjusters and engi-
neering companies; 
‘‘(ii) provide that if a Write Your Own 
company requests reimbursement for the 
costs of a service or product provided to 
the company by a vendor, the Adminis-
trator only reimburses the company for the 
actual costs of the service or products; and 
‘‘(iii) require that all reimbursements 
to Write Your Own companies be made 
public, including a description of the prod-
uct or service provided to which the reim-
bursement pertains.’’. 
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(b) DEADLINE FOR REVISED RULE.—Not later than 
90 days after the date of enactment of this Act, the Ad-
ministrator shall issue a revised rule under section 
100224(d) of the Biggert-Waters Flood Insurance Reform 
Act of 2012 (42 U.S.C. 4081 note), as amended by sub-
section (a). 
TITLE IV—CLAIMS PROCESS 
REFORM 
SEC. 401. EARTH MOVEMENT CLARIFICATION. 
Section 1306 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4013) is amended by adding at the end 
the following: 
‘‘(e) EARTH MOVEMENT.—A flood insurance claim 
filed under this title for damage to or loss of property may 
not be denied based on the earth movement exclusion in 
the standard flood insurance policy under the national 
flood insurance program if the claim is filed as the result 
of a flood, including a claim for damage to or loss or prop-
erty caused by earth movement that was caused by a 
flood.’’. 
SEC. 402. TREATMENT OF BASEMENTS. 
(a) BASEMENT CLARIFICATION.— 
(1) DEFINITION.—In this subsection, the term 
‘‘pre-FIRM condominium building’’ means a condo-
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minium building that was not constructed or sub-
stantially improved after the later of— 
(A) December 31, 1974; or 
(B) the effective date of the initial flood in-
surance rate map published by the Adminis-
trator under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101) for the 
area in which the building is located. 
(2) AMENDMENT TO REGULATIONS.—The Ad-
ministrator shall amend section 59.1 of title 44, 
Code of Federal Regulations, to exclude from the 
definition of the term ‘‘basement’’ any pre-FIRM 
condominium building, the lowest floor of which is 
not more than 4 feet below the lowest adjacent 
grade. 
(b) STUDY
ON CONSEQUENCES
OF STREET-RAIS-
ING.— 
(1) DEFINITION.—In this subsection, the term 
‘‘affected property’’ means a property containing an 
area— 
(A) the floor of which was located at or 
above grade before the community raised the 
street adjacent to the property; and 
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(B) after the street-raising described in 
subparagraph (A), that was designated as a 
basement because of the street-raising. 
(2) STUDY; REPORT.—Not later than 1 year 
after the date of enactment of this Act, the Adminis-
trator shall study and submit to Congress a report 
on the consequences of street-raising on flood insur-
ance coverage for an affected property under the 
National Flood Insurance Program, including the 
cost implications for the property owner. 
SEC. 403. MOLD DAMAGE CLARIFICATION. 
The Administrator shall amend the Standard Flood 
Insurance Policy to provide that— 
(1) as a general rule, loss caused by water, 
moisture, mildew, or mold caused by a flood is cov-
ered by flood insurance under the National Flood 
Insurance Program; 
(2) the exemption from coverage for water, 
moisture, mildew, or mold damage caused by a pol-
icyholder who is truly derelict in inspecting or main-
taining a property after a flood recedes is a limited 
exemption; 
(3) in the case of water, moisture, mildew, or 
mold damage described in paragraph (2), only the 
amount of water, moisture, mildew, or mold that 
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built up because of the dereliction of duty, and only 
during the time when the water, moisture, mildew, 
or mold build-up reasonably could have been miti-
gated, shall not be covered; 
(4) the determination that a policyholder was 
truly derelict as described in paragraph (2) is a high 
bar to meet; and 
(5) the evaluation of whether a policyholder was 
truly derelict as described in paragraph (2) shall be 
made in light of the behavior that could reasonably 
be expected from a survivor in the aftermath of a 
particular flood event, which may include a natural 
disaster, given the challenges facing a policyholder in 
that situation, including— 
(A) difficulty in inspecting or maintaining 
the property; 
(B) the need to address other, more imme-
diate priorities, including the health and well- 
being of the policyholder and his or her family, 
preservation of basic items, displacement, 
shock, and other issues that make inspection 
and mitigation a near-term challenge; and 
(C) difficulty in finding qualified experts 
during the surge of demand following a flood. 
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SEC. 404. APPEAL OF DECISIONS RELATING TO FLOOD IN-
SURANCE COVERAGE. 
(a) EXTENSION OF DEADLINE TO FILE APPEAL; EN-
FORCING DEADLINE FOR FEMA TO RESOLVE APPEAL; 
OPTIONAL ARBITRATION FOR APPEALS.—Section 1312 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4019) is amended by adding at the end the following: 
‘‘(d) APPEAL OF DECISIONS RELATING TO FLOOD 
INSURANCE COVERAGE.— 
‘‘(1) IN
GENERAL.—The Administrator shall, 
by regulation, establish an appeals process through 
which holders of a flood insurance policy may appeal 
the decisions, with respect to claims, proofs of loss, 
and loss estimates relating to such flood insurance 
policy, of any— 
‘‘(A) insurance agent or adjuster, or insur-
ance company; or 
‘‘(B) employee or contractor of the Federal 
Emergency Management Agency. 
‘‘(2) DEADLINE TO FILE APPEAL.—The Admin-
istrator shall establish a deadline for filing an appeal 
under this subsection that is not less than 1 year 
after the date on which the decision being appealed 
was made. 
‘‘(3) NOTIFICATION UPON INITIAL DENIAL OF 
CLAIM.—The Administrator shall ensure that a 
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claimant is provided with the rules, forms, and dead-
lines for an appeal under this subsection at the time 
a claim is first denied in full or in part, including— 
‘‘(A) the effective date of the denial; 
‘‘(B) a justification for the denial, includ-
ing supporting documentation; 
‘‘(C) the date on which the period of limi-
tation for instituting an action against the Ad-
ministrator on the claim under section 1333 or 
1341, as applicable, will end; and 
‘‘(D) a point of contact through which the 
claimant can directly discuss an appeal with a 
representative of the Federal Emergency Man-
agement Agency. 
‘‘(4) DEADLINE TO RESOLVE APPEAL.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date as of which a policyholder 
has submitted all necessary information relating 
to an appeal under this subsection, the Admin-
istrator shall provide an appeal decision in writ-
ing to the policyholder and insurer, including 
specific information for the resolution of the ap-
peal. 
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‘‘(B) ENFORCEMENT.—If the Adminis-
trator does not comply with the deadline under 
subparagraph (A)— 
‘‘(i) the appeal shall be deemed grant-
ed; and 
‘‘(ii) the Administrator shall award 
the policyholder the full amount of the 
claim. 
‘‘(C) NOTIFICATION UPON DENIAL OF AP-
PEAL.—If the Administrator denies an appeal 
filed by a policyholder under this subsection, 
the Administrator shall include with the notice 
of denial— 
‘‘(i) an explanation of the legal op-
tions of the policyholder for further chal-
lenging the denial; and 
‘‘(ii) the date on which the period of 
limitation for instituting an action against 
the Administrator on the claim under sec-
tion 1333 or 1341, as applicable, will end. 
‘‘(e) OPTIONAL ARBITRATION.—Not later than 180 
days after the date of enactment of this subsection, the 
Administrator shall by regulation establish a process 
through which a flood insurance policyholder, instead of 
submitting an appeal under subsection (d) to the Adminis-
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trator, may request that the appeal be heard through inde-
pendent, binding arbitration.’’. 
(b) RELATION TO REGULATIONS AND OTHER LAW.— 
Nothing in the amendment made by subsection (a) shall 
be construed to require the Administrator to repeal the 
regulations promulgated under section 205 of the Bun-
ning-Bereuter-Blumenauer Flood Insurance Reform Act 
of 2004 (42 U.S.C. 4011 note), or to promulgate new reg-
ulations, except as necessary to implement that amend-
ment. 
SEC. 405. ACCOUNTABILITY FOR UNDERPAYMENTS BY 
WRITE YOUR OWN COMPANIES. 
Section 1348 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4084) is amended by adding at the end 
the following: 
‘‘(c) ACCOUNTABILITY FOR UNDERPAYMENTS.—The 
Administrator shall require that, if the Administrator de-
termines through an audit that the pool or an insurance 
company or other private organization described in sub-
section (a) has underpaid a claim of a policyholder— 
‘‘(1) the pool, insurance company, or other pri-
vate organization, as applicable, shall pay the 
amount of the difference to the Administrator; and 
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‘‘(2) the Administrator shall deposit the amount 
paid under paragraph (1) in the National Flood In-
surance Fund.’’. 
SEC. 406. POLICYHOLDER RIGHT TO KNOW. 
Section 1312 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4019), as amended by section 404, is 
amended by adding at the end the following: 
‘‘(f) AVAILABILITY
OF
CLAIM-RELATED
DOCU-
MENTS.— 
‘‘(1) DEFINITION.—In this subsection, the term 
‘claim-related document’ means any document that 
is prepared for the purposes of assessing a claim for 
losses covered by flood insurance made available 
under this title. 
‘‘(2) AVAILABILITY OF DOCUMENTS.—Any enti-
ty servicing a claim under the national flood insur-
ance program— 
‘‘(A) shall retain each claim-related docu-
ment prepared by or for the entity; 
‘‘(B) not later than 7 days after receiving 
a request from a claimant or an authorized rep-
resentative of a claimant for a copy of a claim- 
related document described in subparagraph 
(A) that pertains to the claimant, shall provide 
the copy to the claimant or representative; and 
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‘‘(C) not later than 30 days after receiving 
notice of a claim, shall notify the claimant that 
the claimant or an authorized representative of 
the claimant may obtain, upon request, a copy 
of any claim-related document described in sub-
paragraph (A) that pertains to the claimant.’’. 
SEC. 407. INCREASING STATUTE OF LIMITATIONS FOR LAW-
SUITS. 
(a) GOVERNMENT PROGRAM WITH INDUSTRY AS-
SISTANCE.—Section 1341 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4072) is amended to read as fol-
lows: 
‘‘SEC. 1341. ADJUSTMENT AND PAYMENT OF CLAIMS AND 
JUDICIAL REVIEW. 
‘‘(a) ADJUSTMENT AND PAYMENT OF CLAIMS.—If 
the program is carried out as provided in section 1340, 
the Administrator may adjust and make payment of any 
claims for proved and approved losses covered by flood in-
surance. 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) RIGHT OF ACTION.—Upon the disallow-
ance or partial disallowance by the Administrator of 
a claim described in subsection (a), or upon the re-
fusal of the claimant to accept the amount allowed 
upon a claim described in that subsection, the claim-
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ant may institute an action against the Adminis-
trator on the claim in the United States district 
court for the district in which the insured property 
or the major part thereof shall have been situated 
not later than 2 years after the later of— 
‘‘(A) the date on which the claimant re-
ceives notice of disallowance or partial disallow-
ance of the claim; or 
‘‘(B) in the case of a denial of a claim for 
losses that is appealed to the Administrator, the 
date on which the claimant receives notice of a 
final determination upon appeal denying the 
claim in whole or in part. 
‘‘(2) JURISDICTION.—A court described in 
paragraph (1) shall have original exclusive jurisdic-
tion to hear and determine an action under that 
paragraph without regard to the amount in con-
troversy.’’. 
(b) INDUSTRY PROGRAM WITH FEDERAL FINANCIAL 
ASSISTANCE.—Section 1333 of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4053) is amended to read 
as follows: 
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‘‘SEC. 1333. ADJUSTMENT AND PAYMENT OF CLAIMS AND 
JUDICIAL REVIEW. 
‘‘(a) ADJUSTMENT AND PAYMENT OF CLAIMS.—The 
insurance companies and other insurers that form, asso-
ciate, or otherwise join together in the pool under this part 
may adjust and pay all claims for proved and approved 
losses covered by flood insurance in accordance with the 
provisions of this title. 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) RIGHT OF ACTION.—Upon the disallow-
ance or partial disallowance by any company or 
other insurer described in subsection (a) of a claim 
described in that subsection, or upon the refusal of 
the claimant to accept the amount allowed upon a 
claim described in that subsection, the claimant may 
institute an action on the claim against the company 
or other insurer in the United States district court 
for the district in which the insured property or the 
major part thereof shall have been situated not later 
than 2 years after the later of— 
‘‘(A) the date on which the claimant re-
ceives notice of disallowance or partial disallow-
ance of the claim; or 
‘‘(B) in the case of a denial of a claim for 
losses that is appealed to the Administrator, the 
date on which the claimant receives notice of a 
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final determination upon appeal denying the 
claim in whole or in part. 
‘‘(2) JURISDICTION.—A court described in 
paragraph (1) shall have original exclusive jurisdic-
tion to hear and determine an action under that 
paragraph without regard to the amount in con-
troversy.’’. 
SEC. 408. ATTORNEY FEE SHIFTING. 
(a) ADMINISTRATIVE APPEALS.—Subsection (d) of 
section 1312 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4019), as amended by section 404, is amended 
by adding at the end the following: 
‘‘(5) AWARDS FOR COSTS IN ADMINISTRATIVE 
PROCEEDINGS.— 
‘‘(A) IN GENERAL.—If the claimant pre-
vails in any appeal to the Administrator of the 
disallowance or partial disallowance of a claim 
for losses covered by flood insurance made 
available under this title, the Administrator 
shall award costs of the appeal, including attor-
ney fees, any proceeding expenses, and engi-
neering and other expert expenses, to the claim-
ant. 
‘‘(B) DEFINITION.—For purposes of this 
paragraph, the term ‘prevail’ means to be 
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awarded a greater amount by the Administrator 
than the amount of the last, best offer from the 
Administrator with respect to the claim of the 
claimant.’’. 
(b) JUDICIAL REVIEW.— 
(1) GOVERNMENT
PROGRAM
WITH
INDUSTRY 
ASSISTANCE.—Subsection (b) of section 1341 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4072), as added by section 407, is amended by add-
ing at the end the following: 
‘‘(3) ATTORNEY FEES AND OTHER LITIGATION 
COSTS.— 
‘‘(A) IN GENERAL.—If the claimant pre-
vails in an action under this subsection, the 
court shall award reasonable costs of litigation, 
including attorney fees, litigation expenses, and 
engineering and other expert expenses, to the 
claimant. 
‘‘(B) SUBROGATION.—Any award under 
subparagraph (A) shall be paid by the Adminis-
trator and, upon such payment, the Adminis-
trator shall be subrogated to the rights of the 
claimant to recover such costs for which the 
Administrator has compensated the claimant 
from any insurance company or other insurer or 
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insurance adjustment organization that may be 
responsible for the disallowance or partial dis-
allowance of the claim. 
‘‘(C) DEFINITION.—For purposes of this 
paragraph, the term ‘prevail’ means to be 
awarded a greater amount by the court than 
the amount of the last, best offer from the Ad-
ministrator with respect to the claim of the 
claimant.’’. 
(2) INDUSTRY PROGRAM WITH FEDERAL FINAN-
CIAL ASSISTANCE.—Subsection (b) of section 1333 
of the National Flood Insurance Act of 1968 (42 
U.S.C. 4053), as amended by section 407, is amend-
ed by adding at the end the following: 
‘‘(3) ATTORNEY FEES AND OTHER LITIGATION 
COSTS.— 
‘‘(A) IN GENERAL.—If the claimant pre-
vails in an action under this subsection, the 
court shall award reasonable costs of litigation, 
including attorney fees, litigation expenses, and 
engineering and other expert expenses, to the 
claimant. 
‘‘(B) SUBROGATION.—Any award under 
subparagraph (A) shall be paid by the Adminis-
trator and, upon such payment, the Adminis-
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trator shall be subrogated to the rights of the 
claimant to recover such costs for which the 
Administrator has compensated the claimant 
from any company or other insurer responsible 
for the disallowance or partial disallowance of 
the claim. 
‘‘(C) DEFINITION.—For purposes of this 
paragraph, the term ‘prevail’ means to be 
awarded a greater amount by the court than 
the amount of the last, best offer from the in-
surer or Administrator with respect to the claim 
of the claimant.’’. 
SEC. 409. DOJ DEFENSE AGAINST POLICYHOLDER LAW-
SUITS. 
Subsection (b) of section 1341 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4072), as amended by 
section 408, is amended by adding at the end the fol-
lowing: 
‘‘(4) REPRESENTATION
BY
DEPARTMENT
OF 
JUSTICE.—If a claimant institutes an action under 
this subsection— 
‘‘(A) the Administrator shall refer the mat-
ter to the Attorney General; and 
‘‘(B) the Attorney General— 
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‘‘(i) shall represent the Administrator 
or the Write Your Own company, as appli-
cable, in the action; and 
‘‘(ii) may not seek to have the court 
dismiss an action with potential meri-
torious claims based on good faith errors 
or omissions by the claimant in the claim-
ant’s proof of loss.’’. 
SEC. 410. STUDY ON PARTICIPATION RATES. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘500-year floodplain’’ has the 
meaning given the term in section 100202(a) of the 
Biggert-Waters Flood Insurance Reform Act of 
2012 (40 U.S.C. 4004(a)); 
(2) the terms ‘‘Federal agency lender’’, ‘‘im-
proved real estate’’, and ‘‘regulated lending institu-
tion’’ have the meanings given those terms in section 
3(a) of the Flood Disaster Protection Act of 1973 
(42 U.S.C. 4003(a)); and 
(3) the term ‘‘property with a federally backed 
mortgage’’ means improved real estate or a mobile 
home securing a loan that was— 
(A) made by a regulated lending institu-
tion or Federal agency lender; or 
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(B) purchased by the Federal National 
Mortgage Association or the Federal Home 
Loan Mortgage Corporation. 
(b) STUDY.—Not later than 1 year after the date of 
enactment of this Act, the Administrator shall study and 
submit to Congress a report that describes— 
(1) the percentage of properties with federally 
backed mortgages located in an area having special 
flood hazards that are covered by flood insurance 
that satisfies the requirement under section 102(b) 
of the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4012a(b)); and 
(2) the percentage of properties with federally 
backed mortgages located in the 500-year floodplain 
that are covered by flood insurance that would sat-
isfy the requirement described in paragraph (1) if 
that requirement applied to such properties. 
SEC. 411. FEDERAL FLOOD INSURANCE ADVISORY COM-
MITTEE. 
Part C of chapter II of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4081 et seq.) is amended by add-
ing at the end the following: 
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‘‘SEC. 1349. FEDERAL FLOOD INSURANCE ADVISORY COM-
MITTEE. 
‘‘(a) ESTABLISHMENT.—There is established an advi-
sory committee to be known as the Federal Flood Insur-
ance Advisory Committee (in this section referred to as 
the ‘Committee’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) MEMBERS.—The Committee shall consist 
of— 
‘‘(A) the Administrator, or the designee 
thereof; 
‘‘(B) the Secretary of the Treasury, or the 
designee thereof; and 
‘‘(C) additional members appointed by the 
Administrator or the designee thereof, who shall 
be— 
‘‘(i) 2 representatives of the property 
and casualty insurance sector; 
‘‘(ii) 1 individual who served in the 
past, or is currently serving, as an insur-
ance regulator of a State, the District of 
Columbia, the Commonwealth of Puerto 
Rico, Guam, the Commonwealth of the 
Northern Mariana Islands, the Virgin Is-
lands, American Samoa, or any federally- 
recognized Indian tribe; 
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‘‘(iii) 1 representative of the financial 
sector or insurance sector who is involved 
in risk transfers, including reinsurance, re-
silience bonds, and other insurance-linked 
securities; 
‘‘(iv) 1 actuary with demonstrated 
high-level knowledge of catastrophic risk 
insurance; 
‘‘(v) 2 insurance professionals with 
demonstrated experience with the sale of 
flood insurance under the national flood in-
surance program; 
‘‘(vi) 2 representatives of catastrophic 
risk insurance programs; 
‘‘(vii) 1 insurance claims specialist; 
‘‘(viii) 1 representative of a recognized 
consumer advocacy organization; 
‘‘(ix) 
individual 
having 
dem-
onstrated expertise in the challenges in in-
suring low-income communities; 
‘‘(x) 1 representative from an aca-
demic institution who has demonstrated 
expertise in insurance; and 
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‘‘(xi) any other recognized experts in 
the field of insurance that the Adminis-
trator considers necessary. 
‘‘(2) QUALIFICATIONS.—In appointing members 
under paragraph (1)(C), the Administrator shall, to 
the maximum extent practicable, ensure the mem-
bership of the Committee has a balance of members 
reflecting geographic diversity, including representa-
tion from areas inland or with coastline identified by 
the Administrator as at high risk for flooding or as 
areas having special flood hazards. 
‘‘(c) DUTIES.—The Committee shall review, and 
make recommendations to the Administrator, upon re-
quest, on matters related to the insurance aspects of the 
national flood insurance program, including ratemaking, 
technology to administer insurance, risk assessment, actu-
arial practices, claims practices, sales and insurance deliv-
ery, compensation and allowances, generally and based on 
the complexities of the program, and best insurance prac-
tices. 
‘‘(d) CHAIRPERSON.—The members of the Com-
mittee shall elect 1 member to serve as the chairperson 
of the Committee (in this subsection referred to as the 
‘Chairperson’). 
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‘‘(e) COMPENSATION.—Members of the Committee 
shall receive no additional compensation by reason of their 
service on the Committee. 
‘‘(f) MEETINGS AND ACTIONS.— 
‘‘(1) IN GENERAL.—The Committee— 
‘‘(A) shall meet not less frequently than 
twice each year at the request of the Chair-
person or a majority of the members of the 
Committee; and 
‘‘(B) may take action by a vote of the ma-
jority of the members in accordance with the 
charter of the Committee. 
‘‘(2) INITIAL MEETING.—The Administrator, or 
a designee thereof, shall request and coordinate the 
initial meeting of the Committee. 
‘‘(g) STAFF OF FEMA.—Upon the request of the 
Chairperson, the Administrator may detail, on a nonreim-
bursable basis, personnel of the Federal Emergency Man-
agement Agency to assist the Committee in carrying out 
the duties of the Committee. 
‘‘(h) POWERS.—In carrying out this section, the 
Committee may hold hearings, receive evidence and assist-
ance, provide information, and conduct research, as the 
Committee considers appropriate. 
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‘‘(i) REPORTS TO CONGRESS.—The Administrator, 
on an annual basis, shall report to the Committee on Fi-
nancial Services of the House of Representatives, the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate, and the Office of Management and Budget 
on— 
‘‘(1) the recommendations made by the Com-
mittee; 
‘‘(2) actions taken by the Federal Emergency 
Management Agency to address the recommenda-
tions described in paragraph (1) to improve the in-
surance aspects of the National Flood Insurance 
Program; and 
‘‘(3) any recommendations described in para-
graph (1) that have been deferred or not acted upon, 
together with an explanatory statement with respect 
to those recommendations. 
‘‘(j) APPLICABILITY
OF
THE FEDERAL ADVISORY 
COMMITTEE ACT.—Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
Committee.’’. 
SEC. 412. AUTHORITY TO TERMINATE CONTRACTORS AND 
VENDORS. 
(a) IN GENERAL.—Part C of chapter II of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4081 et 
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seq.), as amended by section 411, is amended by adding 
at the end the following: 
‘‘SEC. 1350. TERMINATION OF CONTRACTS. 
‘‘(a) DEFINITION.—In this section, the term ‘covered 
entity’ means any attorney, law firm, consultant, or third- 
party company that provides services to a Write Your Own 
company. 
‘‘(b) TERMINATION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Administrator may terminate a 
contract or other agreement between a covered enti-
ty and a Write Your Own company if the Adminis-
trator— 
‘‘(A) determines that the covered entity 
has engaged in conduct that is detrimental to 
the national flood insurance program; and 
‘‘(B) not later than 14 days before termi-
nating the contract or other agreement, pro-
vided notice to the covered entity of the termi-
nation. 
‘‘(2) APPEAL.—The Administrator shall estab-
lish a process for a covered entity to appeal the ter-
mination of a contract or other agreement under 
paragraph (1). 
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‘‘(3) EARLY TERMINATION PAYOUTS.—The Ad-
ministrator or a Write Your Own company is not re-
quired to make any early termination payout to a 
covered entity with respect to a contract or agree-
ment with the Write Your Own company that the 
Administrator terminates under paragraph (1).’’. 
(b) EFFECTIVE DATE; APPLICABILITY.—The amend-
ment made by subsection (a) shall apply to any contract 
or other agreement between a covered entity, as defined 
in section 1350(a) of the National Flood Insurance Act 
of 1968, as added by subsection (a), and a Write Your 
Own company that is entered into on or after the date 
of enactment of this Act. 
SEC. 413. EASING PROOF OF LOSS REQUIREMENTS. 
(a) IN GENERAL.—Section 1312 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4019), as amend-
ed by section 406, is amended by adding at the end the 
following: 
‘‘(g) PROOF OF LOSS.— 
‘‘(1) REQUIRED
NOTICE.—Not later than 1 
year after the date on which damage to or loss of 
a property that is covered by flood insurance made 
available under this title occurs, the policyholder 
with respect to the covered property may submit a 
proof of loss notice that contains only such informa-
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tion as is necessary to document the damage or loss, 
including— 
‘‘(A) the amount claimed for the damage 
to or loss of the property; and 
‘‘(B) the signature of the policyholder at-
testing to the accuracy of the amount claimed 
and the information supplied to document the 
damage or loss. 
‘‘(2) SUPPLEMENTAL PROOF.—Not later than 1 
year after the date on which a policyholder submits 
a proof of loss notice under paragraph (1) with re-
spect to a property that is covered by flood insur-
ance made available under this title, the policyholder 
may submit supplemental information to support an 
increase in the amount claimed in the proof of loss 
notice if the policyholder discovers further damage 
to the property or otherwise determines that the 
amount claimed was insufficient. 
‘‘(3) ERRORS OR OMISSIONS.—An error or hon-
est omission in a proof of loss notice or in supple-
mental information submitted by a policyholder 
under paragraph (1) or (2), respectively, with re-
spect to a property that is covered by flood insur-
ance made available under this title may not be used 
to deny the right of the policyholder— 
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a building, if the elevation datum used to determine the 
base flood elevation at the building is different than the 
elevation datum used to calculate the building elevation, 
a datum conversion shall be performed to ensure that the 
same elevation datum is used to calculate the base flood 
elevation and the building elevation.’’. 
SEC. 415. MONTHLY INSTALLMENT PAYMENT FOR PRE-
MIUMS. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator shall— 
(1) implement the requirement for monthly in-
stallment payments of premiums provided under sec-
tion 1308(g) of the National Flood Insurance Act of 
1968 (42 U.S.C. 4015(g)); or 
(2) submit to Congress an explanation of the 
reasons why the Administrator cannot implement 
the requirement described in paragraph (1) during 
that 180-day period. 
SEC. 416. PILOT PROGRAM FOR PRE-EXISTING STRUC-
TURAL CONDITIONS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘covered property’’ means a prop-
erty that is or may be covered by flood insurance 
under the National Flood Insurance Program; and 
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(2) the term ‘‘covered policyholder’’ means a 
policyholder or potential policyholder of flood insur-
ance under the National Flood Insurance Program 
for a covered property. 
(b) PILOT PROGRAM.—Not later than 180 days after 
the date of enactment of this Act, the Administrator shall 
establish a pilot program under which Write Your Own 
companies and National Flood Insurance Program direct 
servicers shall, at the request of a covered policyholder and 
before providing or renewing insurance coverage with re-
spect to a covered property under the National Flood In-
surance Program, investigate the pre-existing structural 
condition of the covered property for any issues that could 
result in the denial of a claim under the National Flood 
Insurance Program for damage to or loss of the covered 
property. 
SEC. 417. DEADLINE FOR CLAIM PROCESSING. 
(a) IN GENERAL.—Section 1312 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4019), as amend-
ed by section 413, is amended by adding at the end the 
following: 
‘‘(h) DEADLINE FOR APPROVAL OF CLAIMS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide that, in the case of a claim for damage to 
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or loss of property that is covered by flood insurance 
made available under this title— 
‘‘(A) except as provided in paragraph (2), 
not later than 30 days after the date on which 
the claim is made— 
‘‘(i) a final determination regarding 
approval of the claim for payment or dis-
approval of the claim shall be made; and 
‘‘(ii) notification of the determination 
shall be provided to the insured making 
the claim; and 
‘‘(B) payment of an approved claim shall 
be made as soon as possible after that approval. 
‘‘(2) EXTENSION OF DEADLINE.—The Adminis-
trator shall— 
‘‘(A) provide that the period described in 
paragraph (1)(A) may be extended by a single 
additional period of 15 days under extraor-
dinary circumstances; and 
‘‘(B) by regulation, establish criteria for— 
‘‘(i) demonstrating the extraordinary 
circumstances described in subparagraph 
(A); and 
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‘‘(ii) determining to which claims the 
extraordinary circumstances described in 
subparagraph (A) apply.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to any claim for damage to or loss 
of property that is covered by flood insurance made avail-
able under the National Flood Insurance Program that 
is pending on, or made after, the date of enactment of 
this Act. 
SEC. 418. ENGINEER OVERSIGHT AND CERTIFICATION. 
Part C of chapter II of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4081 et seq.), as amended by sec-
tion 412, is amended by adding at the end the following: 
‘‘SEC. 1351. OVERSIGHT AND CERTIFICATION OF ENGI-
NEERS. 
‘‘(a) DEFINITION.—In this section, the term ‘covered 
engineering services’ means engineering services provided 
in connection with insurance coverage provided under this 
title. 
‘‘(b) QUALIFICATIONS.—The Administrator shall re-
quire that any individual who provides covered engineering 
services, including services in connection with assessing 
any claim for losses covered by a policy for that coverage, 
shall— 
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‘‘(1) have registered with and certified to the 
Administrator that the engineer is professionally li-
censed to practice as an engineer in the State in 
which the engineer is providing the covered engineer-
ing services; 
‘‘(2) have expertise in a particular discipline of 
engineer or act within the area of the competency of 
the engineer, as the Administrator shall require; and 
‘‘(3) be certified by the Administrator pursuant 
to subsection (c). 
‘‘(c) CERTIFICATION BY FEMA.— 
‘‘(1) REQUIREMENT.—The Administrator shall 
carry out a program to certify engineers as qualified 
to provide covered engineering services. 
‘‘(2) CONTENTS.—The program carried out 
under paragraph (1) shall— 
‘‘(A) include an initial training seminar; 
‘‘(B) provide such standards and testing 
requirements as the Administrator shall estab-
lish; and 
‘‘(C) require an annual renewal of certifi-
cation through continuing education. 
‘‘(d) FEES.— 
‘‘(1) STANDARDIZED SCHEDULE.—The Admin-
istrator shall establish a standardized fee schedule 
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for all covered engineering services, which shall be 
similar to the fee schedule of the Administrator used 
for companies adjusting claims under insurance cov-
erage provided under this title. 
‘‘(2) REIMBURSEMENT.—Any reimbursement or 
other allowance, payment, or compensation provided 
by the Administrator to a Write Your Own company 
with respect to covered engineered services may not 
exceed the applicable standardized fees for those 
services established under paragraph (1). 
‘‘(e) IDENTIFICATION
NUMBERS.—The Adminis-
trator shall establish a system to provide a unique numer-
ical identifier for each engineer who provides covered engi-
neering services to assist in tracking past performance in 
the provision of those services. 
‘‘(f) SUBMISSION
OF DOCUMENTATION.—With re-
spect to a Write Your Own company, the Administrator 
shall— 
‘‘(1) require the Write Your Own company to 
obtain from each provider of covered engineering 
services for the Write Your Own company, including 
any subcontractor— 
‘‘(A) documentation sufficient to itemize 
and disaggregate the costs and fees for those 
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services, including the costs and fees for any 
subcontractor; and 
‘‘(B) all photos, notes, draft reports, and 
other documentation relating to providing those 
services in connection with a claim under insur-
ance coverage provided under this title; 
‘‘(2) make available to the Write Your Own 
company— 
‘‘(A) the fee schedule established under 
subsection (d)(1); and 
‘‘(B) such other information as may be 
necessary to enable the Write Your Own com-
pany to determine whether the costs and fees 
charged by providers of covered engineering 
services are reasonable in relation to the serv-
ices provided; and 
‘‘(3) require the Write Your Own company to 
make available to the Administrator, before any re-
imbursement or other allowance, payment, or com-
pensation is provided to the Write Your Own com-
pany in connection with covered engineering services 
provided, all supporting documentation relating to 
those services.’’. 
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SEC. 419. ENGINEER REPORTS. 
Section 1312 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4019), as amended by section 417, is 
amended by adding at the end the following: 
‘‘(i) FINAL ENGINEERING REPORTS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘covered claim’ means any 
claim for losses covered by a policy for flood in-
surance coverage provided under this title; and 
‘‘(B) the term ‘final engineering report’ 
means an engineering report, survey, or other 
document in connection with a covered claim 
that— 
‘‘(i) is based on the on-site inspection; 
‘‘(ii) contains final conclusions with 
respect to an engineering issue or issues 
involved in the claim; and 
‘‘(iii) is signed by the responsible in 
charge or affixed with the seal of the re-
sponsible in charge, or both. 
‘‘(2) PROHIBITION
ON
MANIPULATION
AND 
TRANSMISSION TO THIRD PARTIES.—The Adminis-
trator shall require that, in the case of any on-site 
inspection of a property by an engineer for the pur-
pose of assessing any covered claim, the final engi-
neering report— 
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‘‘(A) may not— 
‘‘(i) include alterations by, or at the 
request of, anyone other than the respon-
sible in charge for the report; or 
‘‘(ii) be transmitted to any other per-
son before the final engineering report is 
transmitted to the policyholder who sub-
mitted the covered claim; and 
‘‘(B) shall include a certification, signed by 
the responsible in charge for the final engineer-
ing report, that the final engineering report 
does not contain any alterations described in 
subparagraph (A). 
‘‘(3) TRANSMISSION OF REPORT WITHOUT AP-
PROVAL.—A Write Your Own company or a national 
flood insurance program direct servicer may, without 
obtaining further review or approval by the Adminis-
trator, transmit to a policyholder a final engineering 
report in the possession of the Write Your Own com-
pany or the direct servicer in connection with a cov-
ered claim submitted by the policyholder.’’. 
SEC. 420. IMPROVED TRAINING OF AGENTS AND ADJUST-
ERS. 
(a) AGENT TRAINING.— 
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(1) IN GENERAL.—The Administrator shall re-
quire each insurance agent that issues standard 
flood insurance policies on behalf of the National 
Flood Insurance Program (under the Write Your 
Own Program) or directly from the National Flood 
Insurance Program to take— 
(A) an introductory course that instructs 
insurance agents on how to fill out an applica-
tion for a flood insurance policy; and 
(B) annual continuing education courses 
on— 
(i) any changes in the flood insurance 
manual or the National Flood Insurance 
Program Elevation Certificate— 
(ii) any increased costs of compliance; 
(iii) flood insurance mapping; and 
(iv) any other modifications to the 
National Flood Insurance Program that 
influence the rating of a flood insurance 
policy. 
(2) RECORD OF TRAINING.—The Administrator 
shall maintain a record of each insurance agent that 
takes a course described in subparagraph (A) or (B) 
of paragraph (1). 
(b) CERTIFICATION OF ADJUSTERS.— 
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(1) IN GENERAL.—Each insurance claims ad-
juster acting as an insurance agent for a Write Your 
Own company shall— 
(A) by certified by the Administrator to 
act as an insurance agent; or 
(B) act under the direct supervision of an 
insurance claims adjuster certified under the 
National Flood Insurance Program. 
(2) ONLINE COURSE.— 
(A) IN GENERAL.—Each insurance claims 
adjuster responding to a major disaster de-
clared by the President under section 401 of 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170) 
shall, if determined appropriate by the Federal 
coordinating officer operating in the affected 
area, take an online refresher course provided 
by the Administrator to prepare the insurance 
claims adjuster for the unique circumstances of 
the major disaster. 
(B) RECORD OF TRAINING.—The Adminis-
trator shall maintain a record of each insurance 
claims adjuster that takes an online refresher 
course described in subparagraph (A). 
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(c) LOCAL FLOODPLAIN MANAGERS.—Each regional 
office of the Federal Emergency Management Agency 
shall— 
(1) provide training to local floodplain man-
agers in the region on the responsibilities and proce-
dures of local floodplain managers with respect to 
conducting substantial damage and substantial im-
provement determinations; and 
(2) work with applicable State agencies to pro-
vide the training described in paragraph (1) and 
verify that local floodplain managers are completing 
the training. 
SEC. 421. AGENT ADVISORY COUNCIL. 
Part C of chapter II of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4081 et seq.), as amended by sec-
tion 418, is amended by adding at the end the following: 
‘‘SEC. 1352. AGENT ADVISORY COUNCIL. 
‘‘(a) ESTABLISHMENT.—There is established a coun-
cil to be known as the Agent Advisory Council (in this 
section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) MEMBERS.—The Council shall consist of— 
‘‘(A) the Administrator, or the designee of 
the Administrator; and 
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