‘‘(C) under any other provision of Federal 
law. 
‘‘(g) EXCLUSIVE FEDERAL JURISDICTION.—Participa-
tion in State-sponsored mediation shall not alter, change, 
or modify the original exclusive jurisdiction of United 
States courts, as set forth in this Act. 
‘‘(h) COST LIMITATION.—Nothing in this section shall 
be construed to require the Director or a representative of 
the Director to pay additional mediation fees relating to 
flood insurance claims associated with a State-sponsored 
mediation program in which such representative of the Di-
rector participates. 
‘‘(i) EXCEPTION.—In the case of the occurrence of a 
major disaster that results in flood damage claims under 
the national flood insurance program and that does not re-
sult in any loss covered by a personal lines residential prop-
erty insurance policy—
‘‘(1) this section shall not apply; and 
‘‘(2) the provisions of the standard flood insur-
ance policy under the national flood insurance pro-
gram and the appeals process established under sec-
tion 205 of the Bunning-Bereuter-Blumenauer Flood 
Insurance Reform Act of 2004 (42 U.S.C. 4011 note) 
and the regulations issued pursuant to such section 
shall apply exclusively.
‘‘(j) REPRESENTATIVES OF THE DIRECTOR.—For pur-
poses of this section, the term ‘representatives of the Direc-
tor’ means representatives of the national flood insurance 
program who participate in the appeals process established 
under section 205 of the Bunning-Bereuter-Blumenauer 
Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 
note).’’. 
SEC. 
127. 
REITERATION 
OF 
FEMA 
RESPONSIBILITIES 
UNDER THE 2004 REFORM ACT. 
(a) MINIMUM TRAINING AND EDUCATION REQUIRE-
MENTS.—The Director shall continue to work with the in-
surance industry, State insurance regulators, and other in-
terested parties to implement the minimum training and 
education standards for all insurance agents who sell flood 
insurance policies, as such standards were determined by 
the Director in the notice published in the Federal Register 
on September 1, 2005 (70 Fed. Reg. 52117) pursuant to 
section 207 of the Bunning-Bereuter-Blumenauer Flood In-
surance Reform Act of 2004 (42 U.S.C. 4011 note). 
(b) REPORT ON THE OVERALL IMPLEMENTATION OF 
THE REFORM ACT OF 2004.—Not later than 3 months after 
the date of the enactment of this title, the Director shall 
submit a report to Congress—
(1) describing the implementation of each provi-
sion of the Bunning-Bereuter-Blumenauer Flood In-
surance Reform Act of 2004 (Public Law 108–264; 
118 Stat. 712); 
(2) identifying each regulation, order, notice, 
and other material issued by the Director in imple-
menting each provision of that Act; 
(3) explaining any statutory or implied dead-
lines that have not been met; and 
(4) providing an estimate of when the require-
ments of such missed deadlines will be fulfilled. 
SEC. 128. ADDITIONAL AUTHORITY OF FEMA TO COLLECT 
INFORMATION ON CLAIMS PAYMENTS. 
(a) IN GENERAL.—The Director shall collect, from 
property and casualty insurance companies that are au-
thorized by the Director to participate in the Write Your 
Own program any information and data needed to deter-
mine the accuracy of the resolution of flood claims filed on 
any property insured with a standard flood insurance pol-
icy obtained under the program that was subject to a flood. 
(b) TYPE OF INFORMATION TO BE COLLECTED.—The 
information and data to be collected under subsection (a) 
may include—
(1) any adjuster estimates made as a result of 
flood damage, and if the insurance company also in-
sures the property for wind damage—
(A) any adjuster estimates for both wind 
and flood damage; 
(B) the amount paid to the property owner 
for wind and flood claims; 
(C) the total amount paid to the policy-
holder for damages as a result of the event that 
caused the flooding and other losses; 
(2) any amounts paid to the policyholder by the 
insurance company for damages to the insured prop-
erty other than flood damages; and 
(3) the total amount paid to the policyholder by 
the insurance company for all damages incurred to 
the insured property as a result of the flood. 
SEC. 129. EXPENSE REIMBURSEMENTS OF INSURANCE COM-
PANIES. 
(a) SUBMISSION OF BIENNIAL REPORTS.—
(1) TO THE DIRECTOR.—Not later than 20 days 
after the date of enactment of this title, each property 
and casualty insurance company that is authorized 
by the Director to participate in the Write Your Own 
program shall submit to the Director any biennial re-
port prepared in the prior 5 years by such company. 
(2) TO GAO.—Not later than 10 days after the 
submission of the biennial reports under paragraph
(1), the Director shall submit all such reports to the 
Comptroller General of the United States. 
(3) NOTICE TO CONGRESS OF FAILURE TO COM-
PLY.—The Director shall notify and report to the 
Committee on Banking, Housing, and Urban Affairs 
of the Senate and the Committee on Financial Serv-
ices of the House of Representatives on any property 
and casualty insurance company participating in the 
Write Your Own program that failed to submit its bi-
ennial reports as required under paragraph (1). 
(4) FAILURE TO COMPLY.—A property and cas-
ualty insurance company that is authorized by the 
Director to participate in the Write Your Own pro-
gram which fails to comply with the reporting re-
quirement under this subsection or the requirement 
under section 62.23(j)(1) of title 44, Code of Federal 
Regulations (relating to biennial audit of the flood in-
surance financial statements) shall be subject to a 
civil penalty in an amount equal to $1,000 per day 
for each day that the company remains in noncompli-
ance with either such requirement. 
(b) FEMA RULEMAKING ON EXPENSES OF WYO PRO-
GRAM.—Not later than 180 days after the date of enactment 
of this title, the Director shall conduct a rulemaking pro-
ceeding to devise a data collection methodology to allow the
Federal Emergency Management Agency to collect con-
sistent information on the expenses (including the operating 
and administrative expenses for adjustment of claims) of 
property and casualty insurance companies participating 
in the Write Your Own program for selling, writing, and 
servicing, standard flood insurance policies. 
(c) SUBMISSION OF EXPENSE REPORTS.—Not later 
than 60 days after the effective date of the final rule estab-
lished pursuant to subsection (b), each property and cas-
ualty insurance company participating in the Write Your 
Own program shall submit a report to the Director that 
details for the prior 5 years the expense levels of each such 
company for selling, writing, and servicing standard flood 
insurance policies based on the methodologies established 
under subsection (b). 
(d) FEMA RULEMAKING ON REIMBURSEMENT OF EX-
PENSES UNDER THE WYO PROGRAM.—Not later than 15 
months after the date of enactment of this title, the Director 
shall conduct a rulemaking proceeding to formulate revised 
expense reimbursements to property and casualty insurance 
companies participating in the Write Your Own program 
for their expenses (including their operating and adminis-
trative expenses for adjustment of claims) in selling, writ-
ing, and servicing standard flood insurance policies, includ-
ing how such companies shall be reimbursed in both cata-
strophic and non-catastrophic years. Such reimbursements 
shall be structured to ensure reimbursements track the ac-
tual expenses, including standard business costs and oper-
ating expenses, of such companies as close as practicably 
possible. 
(e) REPORT OF THE DIRECTOR.—Not later than 60 
days after the effective date of any final rule established 
pursuant to subsection (b) or subsection (d), the Director 
shall submit to the Committee on Banking, Housing, and 
Urban Affairs of the Senate and the Committee on Finan-
cial Services of the House of Representatives a report con-
taining—
(1) the specific rationale and purposes of such 
rule; 
(2) the reasons for the adoption of the policies 
contained in such rule; and 
(3) the degree to which such rule accurately rep-
resents the true operating costs and expenses of prop-
erty and casualty insurance companies participating 
in the Write Your Own program. 
(f) GAO STUDY AND REPORT ON EXPENSES OF WYO 
PROGRAM.—
(1) STUDY.—Not later than 180 days after the 
effective date of the final rule established pursuant to
subsection (d), the Comptroller General of the United 
States shall—
(A) conduct a study on the efficacy, ade-
quacy, and sufficiency of the final rules estab-
lished pursuant to subsections (b) and (d); and 
(B) report to the Committee on Banking, 
Housing, and Urban Affairs of the Senate and 
the Committee on Financial Services of the 
House of Representatives on the findings of the 
study conducted under subparagraph (A). 
(2) GAO AUTHORITY.—In conducting the study 
and report required under paragraph (1), the Comp-
troller General—
(A) may use any previous findings, studies, 
or reports that the Comptroller General pre-
viously completed on the Write Your Own pro-
gram; 
(B) shall determine if—
(i) the final rules established pursuant 
to subsections (b) and (d) allow the Federal 
Emergency Management Agency to access 
adequate information regarding the actual 
expenses of property and casualty insurance 
companies participating in the Write Your 
Own program; and
(ii) the actual reimbursements paid 
out under the final rule established in sub-
section (d) accurately reflect the expenses re-
ported by property and casualty insurance 
companies participating in the Write Your 
Own program, including the standard busi-
ness costs and operating expenses of such 
companies; and 
(C) shall analyze the effect of such rules on 
the level of participation of property and cas-
ualty insurers in the Write Your Own program. 
SEC. 130. EXTENSION OF PILOT PROGRAM FOR MITIGATION 
OF SEVERE REPETITIVE LOSS PROPERTIES. 
(a) IN GENERAL.—Section 1361A of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4102a) is amend-
ed—
(1) in subsection (k)(1)—
(A) in the first sentence, by striking ‘‘in 
each of fiscal years 2005, 2006, 2007, 2008, and 
2009’’ and inserting ‘‘in each fiscal year through 
fiscal year 2013’’; and 
(B) by adding at the end the following new 
sentence: ‘‘For fiscal years 2008 through the 
2013, the total amount that the Director may use
to provide assistance under this section shall not 
exceed $240,000,000.’’; and 
(2) by striking subsection (l). 
(b) REPORT TO CONGRESS ON IMPLEMENTATION STA-
TUS.—Not later than 6 months after the date of enactment 
of this title, the Director shall report to the Committee on 
Banking, Housing, and Urban Affairs of the Senate and 
the Committee on Financial Services of the House of Rep-
resentatives on the status of the implementation of the pilot 
program for severe repetitive loss properties authorized 
under section 1361A of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4102a). 
(c) RULEMAKING.—No later than 90 days after the 
date of enactment of this title, the Director shall issue final 
rules to carry out the severe repetitive loss pilot program 
authorized under section 1361A of the National Flood In-
surance Act of 1968 (42 U.S.C. 4102a). 
SEC. 131. 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 Federal 
Emergency Management Agency an Office of the 
Flood Insurance Advocate which shall be headed by 
the National Flood Insurance Advocate. The National 
Flood Insurance Advocate shall—
‘‘(A) to the extent amounts are provided 
pursuant to subsection (n), be compensated at 
the same rate as the highest rate of basic pay es-
tablished for the Senior Executive Service under 
section 5382 of title 5, United States Code, or, 
if the Director so determines, at a rate fixed 
under section 9503 of such title; 
‘‘(B) be appointed by the Director without 
regard to political affiliation; 
‘‘(C) report to and be under the general su-
pervision of the Director, but shall not report to, 
or be subject to supervision by, any other officer 
of the Federal Emergency Management Agency; 
and 
‘‘(D) consult with the Assistant Adminis-
trator for Mitigation or any successor thereto, 
but shall not report to, or be subject to the gen-
eral supervision by, the Assistant Administrator 
for Mitigation or any successor thereto.
‘‘(2) 
QUALIFICATIONS.—An 
individual 
ap-
pointed under paragraph (1)(B) shall have a back-
ground in customer service, or experience representing 
insureds, as well as experience in investigations or 
audits. 
‘‘(3) RESTRICTION ON EMPLOYMENT.—An indi-
vidual may be appointed as the National Flood In-
surance Advocate only if such individual was not an 
officer or employee of the Federal Emergency Manage-
ment Agency with duties relating to the national 
flood insurance program during the 2-year period 
ending with such appointment and such individual 
agrees not to accept any employment with the Federal 
Emergency Management Agency for at least 2 years 
after ceasing to be the National Flood Insurance Ad-
vocate. Service as an employee of the National Flood 
Insurance Advocate shall not be taken into account in 
applying this paragraph. 
‘‘(4) STAFF.—To the extent amounts are pro-
vided pursuant to subsection (n), the National Flood 
Insurance Advocate may employ such personnel as 
may be necessary to carry out the duties of the Office. 
‘‘(5) INDEPENDENCE.—The Director shall not 
prevent or prohibit the National Flood Insurance Ad-
vocate from initiating, carrying out, or completing