Flood Insurance Mitigation and Policyholder Protection Act of 2015

Bill: 114-hr-3456
Sponsor: full_name: Rep. Donovan, Daniel M., Jr. [R-NY-11]
Introduced: 2015-09-09
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures

Administrative remedies

Building construction

Civil actions and liability

Department of Homeland Security

Disaster relief and insurance

Federal Emergency Management Agency (FEMA)

Floods and storm protection

Judicial review and appeals
Latest action: action_date: 2015-09-09
text: Referred to the House Committee on Financial Services.

Summaries:
action_date: 2015-09-09
action_desc: Introduced in House
text: <p><strong>Flood Insurance Mitigation and Policyholder Protection Act of 2015</strong></p> <p>This bill amends the National Flood Insurance Act of 1968 to direct the Federal Emergency Management Agency (FEMA) to require that any report of an on-site inspection of a property by a claims adjustor or engineer for the purpose of assessing any claim for losses covered by a flood insurance policy under such Act:</p> <ul> <li> may not be transmitted to any other person, employer, agency, or entity, before it is transmitted to the insured;</li> <li>may not include alterations by, or at the request of, anyone other than such preparer and shall include the preparer's certification that it does not contain any such alterations; and</li> <li> shall be transmitted in a manner that gives reasonable assurance that it was transmitted directly to the insured by the preparer.</li> </ul> <p>A claimant is authorized, in the case of a denial by FEMA or an insurance company of a claim for losses that is appealed to FEMA, to institute an action on such claim against FEMA or such insurance company in U.S. district court within one year after the date of a final determination upon appeal denying such claim. </p> <p> FEMA must, within 60 days after enactment of this Act, issue guidelines required under the Homeowner Flood Insurance Affordability Act of 2014 for alternative mitigation methods, other than building elevation, to reduce flood risk to residential buildings that cannot be elevated due to their structural characteristics.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 3456 IN THE HOUSE OF REPRESENTATIVES September 9, 2015 Mr. Donovan introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the process for claims for losses under the National Flood Insurance Program, and for other purposes.

1. Short title This Act may be cited as the Flood Insurance Mitigation and Policyholder Protection Act of 2015 . 2. Claims adjustment and engineering reports Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ) is amended by adding at the end the following new subsection: (d) Claims adjustment and engineering reports The Administrator shall require that, in the case of any on-site inspection of a property by a claims adjustor or engineer for the purpose of assessing any claim for losses covered by a policy for flood insurance coverage provided under this title, any report shall be provided to the insured under the policy, as follows: (1) Timing Such report may not be transmitted to any other person, employer, agency, or entity, before it is transmitted to the insured. (2) Prohibition on alterations; certification The report may not include alterations by, or at the request of, anyone other than such preparer and shall include a certification, signed by the preparer of the report, that it does not contain any such alterations. (3) Transmittal The report shall be transmitted to the insured in a manner as the Administrator shall provide that provides reasonable assurance that it was transmitted directly to the insured by the preparer. (4) Reports covered For purposes of this subsection, the term report means any report or document in connection with such claim that is based on such on-site inspection, including any adjustment report, field report, and engineering report or survey. Such term also includes any draft, preliminary version, or copy of any such report or survey, any amendments or additions to any such report or survey, . 3. Judicial review (a) Government program with industry assistance Section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ) is amended by inserting before , may institute the following: or, in the case of a denial of a claim for losses that is appealed to the Administrator, within one year after the date of a final determination upon appeal denying such claim in whole or in part . (b) Industry program with Federal financial assistance Section 1333 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 ) is amended by inserting before , may institute the following: or, in the case of a denial of a claim for losses that is appealed to the Administrator, within one year after the date of a final determination upon appeal denying such claim in whole or in part . 4. Issuance of guidelines for flood mitigation methods for buildings The Administrator of the Federal Emergency Management Agency shall issue the guidelines required under 1361(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102(d) ), as added by section 26(a)(1) of the Homeowner Flood Insurance Affordability Act of 2014 ( Public Law 113–89 ; 128 Stat. 1032), not later than the expiration of the 60-day period beginning on the date of the enactment of this Act.