,,ii  #aadth ,,congress  #ast ,session  
,s4 #bcbd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ai1 
#bjae ,mrs4 ,gillibrand 7for herself and
 ,mr4 ,schumer7 introduced the following
 bill2 which was read twice and referred
 to the ,committee on ,banking1         
,housing1 and ,urban ,affairs  ,a ,,bill
  ,to provide for transparency1         
accountability1 and reform of the       
,national ,flood ,insurance ,program4   
#a4 ,short title ,this ,act may be cited
 as the ,flood ,insurance ,transparency 
and ,accountability ,act of #bjae4  #b4 
,flood insurance transparency1          
accountability1 and reform  7a7 ,reports
 and other claim-,related documents     
,section #acab of the ,national ,flood  
,insurance ,act of #aifh 7#db ,u4,s4,c4 
#djai7 is amended by adding at the end  
the following3  7d7 ,final engineering  
reports ,the ,administrator shall       
require that1 in the case of any on-site
 inspection of a property by an engineer
 for the purpose of assessing any claim 

for losses covered by a policy for flood
 insurance coverage provided under this 
title1 the final engineering report     
shall be provided to the insured under  
the policy1 as follows3  7#a7 ,timing   
,the final engineering report may not be
 transmitted to any other person1       
employer1 agency1 or entity1 before it  
is transmitted to the insured4  7#b7    
,prohibition on alterations2            
certification ,the final engineering    
report may not include alterations by1  
or at the request of1 anyone other than 
the responsible in charge for such      
report and shall include a              
certification1 signed by the responsible
 in charge for the report1 that it does 
not contain any such alterations4  7#c7 
,transmittal ,the final engineering     
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 responsible in charge4  7#d7     

,reports covered ,for purposes of this  
subsection1 the term final engineering  
report means an engineering report1     
survey1 or other document in connection 
with such claim that-- 7,a7 is based on 
such on-site inspection2  7,b7 contains 
final conclusions with respect to an    
engineering issue or issues involved in 
such claim2 and  7,c7 is signed by the  
responsible in charge or affixed with   
the seal of such responsible in charge1 
or both4  7e7 ,claims adjustment reports
 ,the ,administrator shall require that1
 in the case of any on-site inspection  
of a property by a claims adjustor for  
the purpose of assessing any claim for  
losses covered by a policy for flood    
insurance coverage provided under this  
title1 any report shall be provided to  
the insured under the policy1 as        
follows3  7#a7 ,timing ,such report may 
not be transmitted to any other person1 
employer1 agency1 or entity1 before it  
is transmitted to the insured4  7#b7    
,prohibition on alterations2            

certification ,the report may not       
include alterations by1 or at the       
request of1 anyone other than such      
preparer and shall include a            
certification1 signed by the preparer of
 the report1 that it does not contain   
any such alterations4  7#c7 ,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 preparer4  7#d7 ,reports covered 
,for purposes of this subsection1 the   
term report means any report or document
 in connection with such claim that is  
based on such on-site inspection by the 
claims adjustor1 including any          
adjustment report and field report4     
,such term also includes any draft1     
preliminary version1 or copy of any such
 report and any amendments or additions 
to any such report4 ,such term does not 
include any engineering report1 as such 
term is defined for purposes of         

subsection 7d74  7f7 ,other             
claim-,related documents  7#a7          
,definition of claim-related document   
,in this subsection1 the term           
claim-related document means any        
document1 other than a final engineering
 report 7as defined in subsection 7d77  
or a report 7as defined in subsection   
7e771 that was prepared for the purposes
 of assessing a claim for losses covered
 by flood insurance made available under
 this title1 including--  7,a7 a repair 
and replacement estimate or bid2  7,b7  
an appraisal2  7,c7 a scope of loss2    
7,d7 a drawing2  7,e7 a plan2  7,f7 a   
report1 including a draft report        
prepared based on an on-site inspection 
of a property conducted by a claims     
adjustor or engineer2  7,g7 a           
third-party finding on the amount of    
loss1 amount of covered damage1 or cost 
of repairs2 and  7,h7 any other         
valuation1 measurement1 or loss         
adjustment calculation of the amount of 
loss1 amount of covered damage1 or cost 

of repairs4  7#b7 ,availability of      
documents ,any entity servicing a claim 
under the national flood insurance      
program-- 7,a7 shall retain each        
claim-related document prepared by or   
for the entity2  7,b7 upon request by a 
claimant or an authorized representative
 of a claimant1 shall provide to the    
claimant or representative a copy of any
 claim-related document described in    
subparagraph 7,a7 that pertains to the  
claimant2 and  7,c7 not later than #cj  
days after receiving notice of a claim1 
shall notify the claimant that the      
claimant or an authorized representative
 of the claimant may obtain1 upon       
request1 a copy of any claim-related    
document described in subparagraph 7,a7 
that pertains to the claimant4  4  7b7  
,judicial review  7#a7 ,government      
program with industry assistance        
,section #acda of the ,national ,flood  
,insurance ,act of #aifh 7#db ,u4,s4,c4 
#djgb7 is amended by striking within one
 year after the date of mailing of      

notice of disallowance or partial       
disallowance by the ,administrator and  
inserting the following3 not later than 
the expiration of the #b-year period    
beginning upon the date of the          
occurrence of the losses involved in    
such claim or1 in the case of a denial  
of a claim for losses that is appealed  
to the ,administrator1 not later than   
7#a7 the expiration of the #ij-;day     
period beginning upon the date of a     
final determination upon appeal denying 
such claim in whole or in part1 or 7#b7 
the expiration of such #b-year period1  
whichever is later4  7#b7 ,industry     
program with ,federal financial         
assistance ,section #accc of the        
,national ,flood ,insurance ,act of     
#aifh 7#db ,u4,s4,c4 #djec7 is amended  
by striking within one year after the   
date of mailing of notice of            
disallowance or partial disallowance of 
the claim and inserting the following3  
not later than the expiration of the    
#b-year period beginning upon the date  

of the occurrence of the losses involved
 in such claim or1 in the case of a     
denial of a claim for losses that is    
appealed to the ,administrator1 not     
later than 7#a7 the expiration of the   
#ij-;day period beginning upon the date 
of a final determination upon appeal    
denying such claim in whole or in part1 
or 7#b7 the expiration of such #b-year  
period1 whichever is later4  7c7 ,flood 
,insurance ,advocate ,section #bd7;b7 of
 the ,homeowner ,flood ,insurance       
,affordability ,act of #bjad 7#db       
,u4,s4,c4 #djcc7;b77 is amended--  7#a7 
in paragraph 7#d71 by striking and at   
the end2  7#b7 in subparagraph 7#e71 by 
striking the period at the end and      
inserting 2 and2 and  7#c7 by adding at 
the end the following3  7#f7 provide a  
direct point of contact for             
policyholders under the ,national ,flood
 ,insurance ,program to discuss the     
status of their claim appeals and the   
basis of the decision to initially deny 
their claims4  4  7d7 ,records and      

reviews ,section #acdh of the ,national 
,flood ,insurance ,act of #aifh 7#db    
,u4,s4,c4 #djhd7 is amended by adding at
 the end the following3  7c7 ,annual    
review ,the ,administrator shall conduct
 an annual review of each private entity
 participating in the national flood    
insurance program1 including any company
 that has entered into a contract with a
 ,write ,your ,own insurance company to 
provide any service related to a policy 
or claim under the national flood       
insurance program1 including adjusting1 
engineering1 and legal services1 to     
ensure compliance with this title and   
with all policies and procedures        
established by the ,administrator to    
prevent fraud and protect policyholders4
  4  7e7 ,publication of claims data    
,section #acab of the ,national ,flood  
,insurance ,act of #aifh 7#db ,u4,s4,c4 
#djai71 as amended by subsection 7a71 is
 amended by adding at the end the       
following3  7g7 ,publication of claims  
data ,not later than #a year after the  

date of enactment of the ,flood         
,insurance ,transparency and            
,accountability ,act of #bjae1 the      
,administrator shall create and maintain
 a publically searchable online database
 that includes1 with respect to claims  
filed under the national flood insurance
 program after that date of enactment-- 
7#a7 the number of claims filed each    
month1 broken down by ,state2  7#b7 the 
number of claims paid in part or in     
full2  7#c7 the number of claims denied 
and the reasons cited for each denial2  
and  7#d7 the number of claim denials   
appealed1 the number of claim denials   
upheld on appeal1 and the number of     
claim denials overturned on appeal4  4  
7f7 ,engineering and litigation costs   
,section #acaa of the ,national ,flood  
,insurance ,act of #aifh 7#db ,u4,s4,c4 
#djah7 is amended by adding at the end  
the following3  7c7 ,engineering and    
litigation costs ,the ,administrator    
shall-- 7#a7 in order to ensure that    
taxpayer funds are being appropriately  

expended1 establish clear guidelines and
 standards to require that any          
engineering or litigation cost billed to
 the national flood insurance program by
 a ,write ,your ,own insurance company  
is justified on a case-by-case basis1   
both by the entity that originally      
incurs the cost and by the ,write ,your 
,own ,company2 and  7#b7 enforce        
compliance with the guidelines and      
standards established under paragraph   
7#a74  4  7g7 ,earth movement ,section  
#acjf of the ,national ,flood ,insurance
 ,act of #aifh 7#db ,u4,s4,c4 #djac7 is 
amended by adding at the end the        
following3  7e7 ,earth movement ,a flood
 insurance claim filed under this title 
for damage to or loss of property shall 
not be denied based on the earth        
movement exclusion in the ,standard     
,flood ,insurance ,policy if the claim  
is filed as the result of a flood1      
including a claim for damage to or loss 
or property caused by earth movement    
that was caused by a flood4  4  7h7     

,appeals process ,section #bje of the   
,bunning-,bereuter-,blumenauer ,flood   
,insurance ,reform ,act of #bjjd 7#db   
,u4,s4,c4 #djaa note7 is amended--  7#a7
 by striking ,not later than and        
inserting 7a7 ,in general4--,not later  
than2 and  7#b7 by adding at the end the
 following3  7b7 ,review of appeals     
7#a7 ,clarity ,the ,director shall      
ensure that the appeals process         
established under subsection 7a7 has    
clear rules1 forms1 and deadlines4  7#b7
 ,notification upon initial denial of   
claim ,the ,director shall ensure that a
 claimant is provided with the rules1   
forms1 and deadlines described in       
paragraph 7#a7 at the time a claim is   
first denied in full or in part1        
including--  7,a7 the effective date of 
the denial2  7,b7 a justification for   
the denial1 including supporting        
documentation2  7,c7 the date on which  
the period of limitation for instituting
 an action against the ,administrator on
 the claim under section #acda will end2

 and  7,d7 a point of contact through   
which the claimant can directly discuss 
an appeal with a representative of the  
,federal ,emergency ,management ,agency4
  7#c7 ,notification upon denial of     
appeal ,if the ,administrator denies an 
appeal filed by a policyholder1 the     
,administrator shall include with the   
notice of denial an explanation of the  
policyholder's legal options for further
 challenging the denial4  4  7i7        
,definition of ,write ,your ,own        
,section #acgj7;a7 of the ,national     
,flood ,insurance ,act of #aifh 7#db    
,u4,s4,c4 #daba7;a77 is amended-- 7#a7  
in paragraph 7#ad71 by striking and at  
the end2  7#b7 in paragraph 7#ae71 by   
striking the period at the end and      
inserting 2 and2 and  7#c7 by adding at 
the end the following3  7#af7 the term  
,write ,your ,own means the cooperative 
undertaking between the insurance       
industry and the ,federal ,insurance and
 ,mitigation ,administration which      
allows participating property and       

casualty insurance companies to write   
and service standard flood insurance    
policies4  4  #c4 ,reports to ,congress 
7a7 ,definitions ,in this section-- 7#a7
 the term ,national ,flood ,insurance   
,program means the program established  
under the ,national ,flood ,insurance   
,act of #aifh 7#db ,u4,s4,c4 #djja et   
seq472  7#b7 the term ,task ,force means
 the ,national ,flood ,insurance        
,program ,transformation ,task ,force   
established by the ,federal ,emergency  
,management ,agency2 and  7#c7 the term 
,write ,your ,own has the meaning given 
the term in section #acgj7;a7 of the    
,national ,flood ,insurance ,act of     
#aifh 7#db ,u4,s4,c4 #daba7;a771 as     
amended by section #b7;i74  7b7 ,report 
to ,congress on accountability for      
defrauding policyholders ,not later than
 #ij days after the date of enactment of
 this ,act1 the ,secretary of ,homeland 
,security shall submit to ,congress a   
report on specific actions the          
,department of ,homeland ,security will 

take to identify individuals and private
 entities that have engaged in          
activities to defraud policyholders     
under the ,national ,flood ,insurance   
,program following ,superstorm ,sandy   
and prevent those individuals and       
private entities from continuing to     
receive ,federal funding through--  7#a7
 contracts with1 or employment by1 a    
,write ,your ,own insurance company2 or 
7#b7 employment by the ,federal         
,emergency ,management ,agency4  7c7    
,report to ,congress on recommendations 
of the ,,nfip ,transformation ,task     
,force ,not later than #a year after the
 date of enactment of this ,act1 the    
,administrator of the ,federal          
,emergency ,management ,agency shall    
submit to ,congress a report that       
describes--  7#a7 the recommendations of
 the ,task ,force for reforming the     
,national ,flood ,insurance ,program2   
7#b7 a timeline for implementing the    
recommendations of the ,task ,force2 and
  7#c7 any recommendations of the ,task 

,force that require additional          
legislation4