```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1264 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1264

 To amend the National Flood Insurance Act of 1968 to provide for the 
national flood insurance program to make available multiperil coverage 
for damage resulting from windstorms or floods, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2009

  Mr. Taylor (for himself, Ms. Waters, Mr. Melancon, Mr. Scalise, Mr. 
Childers, Mr. Hastings of Florida, Ms. Ros-Lehtinen, Ms. Jackson-Lee of 
   Texas, Mr. Barrow, Mrs. Maloney, Mrs. Christensen, Mr. Berry, Mr. 
  Cleaver, Mr. Cohen, and Ms. Kilpatrick of Michigan) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL

 
 To amend the National Flood Insurance Act of 1968 to provide for the 
national flood insurance program to make available multiperil coverage 
for damage resulting from windstorms or floods, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Multiple Peril Insurance Act of 
2009''.

SEC. 2. COVERAGE FOR WINDSTORMS.

    Section 1304 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4011) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Multiperil Coverage for Damage From Flood or Windstorm and 
Separate Coverage for Windstorm.--
            ``(1) In general.--The national flood insurance program 
        established pursuant to subsection (a) shall enable the 
        purchase of the following coverages:
                    ``(A) Multiperil coverage.--Optional insurance 
                against loss resulting from physical damage to or loss 
                of real property or personal property related thereto 
                located in the United States arising from any flood or 
                windstorm, subject to the limitations in this 
                subsection and section 1306(b); and
                    ``(B) Separate windstorm coverage.--Optional 
                insurance against loss resulting from physical damage 
                to or loss of real property or personal property 
                related thereto located in the United States arising 
                from any windstorm, subject to the limitations in this 
                subsection and section 1306(b).
            ``(2) Community participation requirement.--Multiperil 
        coverage pursuant to paragraph (1)(A) and windstorm coverage 
        pursuant to paragraph (1)(B) may not be provided in any area 
        (or subdivision thereof) unless an appropriate public body 
        shall have adopted adequate mitigation measures (with effective 
        enforcement provisions) which the Director finds are consistent 
        with the criteria for construction described in the 
        International Code Council building codes relating to wind 
        mitigation.
            ``(3) Relationship to flood insurance coverage.--
                    ``(A) Prohibition against duplicative coverage.--
                Multiperil coverage pursuant to paragraph (1)(A) may 
                not be provided with respect to any structure (or the 
                personal property related thereto) for any period 
                during which such structure is covered, at any time, by 
                flood insurance coverage made available under this 
                title.
                    ``(B) Requirement to maintain flood insurance 
                coverage.--Windstorm coverage pursuant to paragraph 
                (1)(B) may be provided only with respect to a structure 
                (and the personal property related thereto) that is 
                covered by flood insurance coverage made available 
                under this title and only during the period that such 
                structure (and personal property) are so covered.
            ``(4) Nature of coverage.--
                    ``(A) Multiperil coverage.--Multiperil coverage 
                pursuant to paragraph (1)(A) shall--
                            ``(i) cover losses only from physical 
                        damage resulting from flooding or windstorm; 
                        and
                            ``(ii) provide for approval and payment of 
                        claims under such coverage upon proof that such 
                        loss must have resulted from either windstorm 
                        or flooding, but shall not require for approval 
                        and payment of a claim that the specific cause 
                        of the loss, whether windstorm or flooding, be 
                        distinguished or identified.
                    ``(B) Separate windstorm coverage.--Windstorm 
                coverage pursuant to paragraph (1)(B) shall--
                            ``(i) cover losses only from physical 
                        damage resulting from windstorm; and
                            ``(ii) provide for approval and payment of 
                        claims under such coverage or under the flood 
                        insurance coverage required to be maintained 
                        under paragraph (3)(B) upon a determination 
                        that such loss from windstorm or flooding, 
                        respectively, but shall not require for 
                        approval and payment of a claim that the 
                        insured distinguish or identify the specific 
                        cause of the loss, whether windstorm or 
                        flooding.
            ``(5) Actuarial rates.--Multiperil coverage pursuant to 
        paragraph (1)(A) and windstorm coverage pursuant to paragraph 
        (1)(B) shall be made available for purchase for a property only 
        at chargeable risk premium rates that, based on consideration 
        of the risks involved and accepted actuarial principles, and 
        including operating costs and allowance and administrative 
        expenses, are required in order to make such coverage available 
        on an actuarial basis for the type and class of properties 
        covered.
            ``(6) Terms of coverage.--The Director shall, after 
        consultation with persons and entities referred to in section 
        1306(a), provide by regulation for the general terms and 
        conditions of insurability applicable to properties eligible 
        for multiperil coverage pursuant to paragraph (1)(A) and such 
        terms and conditions applicable to properties eligible for 
        windstorm coverage pursuant to paragraph (1)(B), subject to the 
        provisions of this subsection, including--
                    ``(A) the types, classes, and locations of any such 
                properties which shall be eligible for such coverages, 
                which shall include residential and nonresidential 
                properties;
                    ``(B) subject to paragraph (7), the nature and 
                limits of loss or damage in any areas (or subdivisions 
                thereof) which may be covered by such coverages;
                    ``(C) the classification, limitation, and rejection 
                of any risks which may be advisable;
                    ``(D) appropriate minimum premiums;
                    ``(E) appropriate loss deductibles; and
                    ``(F) any other terms and conditions relating to 
                insurance coverage or exclusion that may be necessary 
                to carry out this subsection.
            ``(7) Limitations on amount of coverage.--
                    ``(A) Multiperil coverage.--The regulations issued 
                pursuant to paragraph (6) shall provide that the 
                aggregate liability under multiperil coverage made 
                available under this subsection shall not exceed the 
                lesser of the replacement cost for covered losses or 
                the following amounts, as applicable:
                            ``(i) Residential structures.--In the case 
                        of residential properties, which shall include 
                        structures containing multiple dwelling units 
                        that are made available for occupancy by rental 
                        (notwithstanding any treatment or 
                        classification of such properties for purposes 
                        of section 1306(b))--
                                    ``(I) for any single-family 
                                dwelling, $500,000;
                                    ``(II) for any structure containing 
                                more than one dwelling unit, $500,000 
                                for each separate dwelling unit in the 
                                structure, which limit, in the case of 
                                such a structure containing multiple 
                                dwelling units that are made available 
                                for occupancy by rental, shall be 
                                applied so as to enable any insured or 
                                applicant for insurance to receive 
                                coverage for the structure up to a 
                                total amount that is equal to the 
                                product of the total number of such 
                                rental dwelling units in such property 
                                and the maximum coverage limit per 
                                dwelling unit specified in this clause; 
                                and
                                    ``(III) $150,000 per dwelling unit 
                                for--
                                            ``(aa) any contents related 
                                        to such unit; and
                                            ``(bb) any necessary 
                                        increases in living expenses 
                                        incurred by the insured when 
                                        losses from flooding or 
                                        windstorm make the residence 
                                        unfit to live in.
                            ``(ii) Nonresidential properties.--In the 
                        case of nonresidential properties (including 
                        church properties)--
                                    ``(I) $1,000,000 for any single 
                                structure; and
                                    ``(II) $750,000 for--
                                            ``(aa) any contents related 
                                        to such structure; and
                                            ``(bb) in the case of any 
                                        nonresidential property that is 
                                        a business property, any losses 
                                        resulting from any partial or 
                                        total interruption of the 
                                        insured's business caused by 
                                        damage to, or loss of, such 
                                        property from flooding or 
                                        windstorm, except that for 
                                        purposes of such coverage, 
                                        losses shall be determined 
                                        based on the profits the 
                                        covered business would have 
                                        earned, based on previous 
                                        financial records, had the 
                                        flood or windstorm not 
                                        occurred.
                    ``(B) Separate windstorm coverage.--The regulations 
                issued pursuant to paragraph (6) shall provide that 
                windstorm coverage pursuant to paragraph (1)(B) for a 
                property shall not exceed the amount such that the 
                aggregate liability under flood insurance coverage 
                required to be maintained under paragraph (3)(B) for 
                the property and such windstorm coverage for the 
                property does not exceed the applicable coverage limit 
                for the property set forth in subparagraph (A) of this 
                paragraph.
            ``(8) Effective date.--This subsection shall take effect 
        on, and shall apply beginning on, the expiration of the 6-month 
        period that begins on the date of the enactment of the Multiple 
        Peril Insurance Act of 2009.''.

SEC. 3. PROHIBITION AGAINST DUPLICATIVE COVERAGE.

    The National Flood Insurance Act of 1968 is amended by inserting 
after section 1313 (42 U.S.C. 4020) the following new section:

               ``prohibition against duplicative coverage

    ``Sec. 1314.  Flood insurance under this title may not be provided 
with respect to any structure (or the personal property related 
thereto) for any period during which such structure is covered, at any 
time, by multiperil insurance coverage made available pursuant to 
section 1304(c)(1)(A).''.

SEC. 4. COMPLIANCE WITH STATE AND LOCAL LAW.

    Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4023) is amended--
            (1) by inserting ``(a) Flood Protection Measures.--'' 
        before ``No new''; and
            (2) by adding at the end the following new subsection:
    ``(b) Windstorm Protection Measures.--No new multiperil coverage 
shall be provided under section 1304(c) for any property that the 
Director finds has been declared by a duly constituted State or local 
zoning authority, or other authorized public body to be in violation of 
State or local laws, regulations, or ordinances, which are intended to 
reduce damage caused by windstorms.''.

SEC. 5. CRITERIA FOR LAND MANAGEMENT AND USE.

    Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4102) is amended by adding at the end the following new subsection:
    ``(d) Windstorms.--
            ``(1) Studies and investigations.--The Director shall carry 
        out studies and investigations under this section to determine 
        appropriate measures in wind events as to wind hazard 
        prevention, and may enter into contracts, agreements, and other 
        appropriate arrangements to carry out such activities. Such 
        studies and investigations shall include laws, regulations, and 
        ordinance relating to the orderly development and use of areas 
        subject to damage from windstorm risks, and zoning building 
        codes, building permits, and subdivision and other building 
        restrictions for such areas.
            ``(2) Coordination with state and local governments.--The 
        Director shall work closely with and provide any necessary 
        technical assistance to State, interstate, and local 
        governmental agencies, to encourage the application of measures 
        identified pursuant to paragraph (1) and the adoption and 
        enforcement of such measures.''.

SEC. 6. DEFINITIONS.

    Section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4121) is amended--
            (1) in paragraph (14), by striking ``and'' at the end;
            (2) in paragraph (15) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(16) the term `windstorm' means any hurricane, tornado, 
        cyclone, typhoon, or other wind event.''.
                                 <all>
```