Sec. 404. Appeal of decisions relating to flood insurance coverage
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Section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 note) is amended— in the matter preceding paragraph (1), by striking Not later and inserting the following: Not later ; and by adding at the end the following: The Director shall establish a deadline for filing an appeal under this section that is not less than 1 year after the date on which the decision being appealed was made. The Director shall ensure that a claimant is provided with the rules, forms, and deadlines for an appeal under this section at the time a claim is first denied in full or in part, including— the effective date of the denial; a justification for the denial, including supporting documentation; the date on which the period of limitation for instituting an action on the claim under section 1333 or 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 and 4072), as applicable, will end; and a point of contact through which the claimant can directly discuss an appeal with a representative of the Federal Emergency Management Agency.
Not later than 90 days after the date on which a policyholder has submitted all necessary information relating to an appeal under this section, the Director shall provide an appeal decision in writing to the policyholder and insurer, including specific information for the resolution of the appeal. If the Director does not comply with the deadline under paragraph
(1)with respect to an appeal, and the policyholder that brought the appeal is ultimately successful, the Director shall pay to the policyholder interest on the claim that is the subject of the appeal, which shall— begin accruing on the date on which the policyholder files the appeal; and be calculated using the rate of return on a 3-year Treasury bill, as in effect on the date described in subparagraph (A). If the Director denies an appeal filed by a policyholder under this section, the Director shall include with the notice of denial— an explanation of the legal options of the policyholder for further challenging the denial; and the date on which the period of limitation for instituting an action on the claim under section 1333 or 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 and 4072), as applicable, will end. Not later than 180 days after the date of enactment of this subsection, the Director shall, by regulation, establish a process through which a flood insurance policyholder, instead of submitting an appeal under this section, may request that the appeal be heard through independent, binding arbitration. Nothing in paragraph
(1)may be construed to— require a policyholder to submit to the arbitration described in that paragraph; or prevent a policyholder from obtaining judicial review of the results of the arbitration described in that paragraph. . Nothing in the amendments made by subsection
(a)may be construed to require the Administrator to repeal the regulations promulgated under section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 note), as in effect on the day before the date of enactment of this Act, or to promulgate new regulations, except as necessary to implement those amendments.
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