Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Multiple Peril Insur-
ance 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 sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) MULTIPERIL COVERAGE FOR DAMAGE FROM 
FLOOD OR WINDSTORM AND SEPARATE COVERAGE FOR 
WINDSTORM.— 
‘‘(1) IN GENERAL.—The national flood insur-
ance 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 
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‘‘(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, sub-
ject to the limitations in this subsection and 
section 1306(b). 
‘‘(2) COMMUNITY
PARTICIPATION
REQUIRE-
MENT.—Multiperil coverage pursuant to paragraph 
(1)(A) and windstorm coverage pursuant to para-
graph (1)(B) may not be provided in any area (or 
subdivision thereof) unless an appropriate public 
body shall have adopted adequate mitigation meas-
ures (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 re-
spect to any structure (or the personal property 
related thereto) for any period during which 
such structure is covered, at any time, by flood 
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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 per-
sonal 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 wind-
storm; and 
‘‘(ii) provide for approval and pay-
ment 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. 
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‘‘(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 pay-
ment of claims under such coverage or 
under the flood insurance coverage re-
quired 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 pay-
ment of a claim that the insured distin-
guish or identify the specific cause of the 
loss, whether windstorm or flooding. 
‘‘(5) ACTUARIAL
RATES.—Multiperil coverage 
pursuant to paragraph (1)(A) and windstorm cov-
erage pursuant to paragraph (1)(B) shall be made 
available for purchase for a property only at charge-
able risk premium rates that, based on consideration 
of the risks involved and accepted actuarial prin-
ciples, 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. 
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‘‘(6) TERMS
OF
COVERAGE.—The Director 
shall, after consultation with persons and entities re-
ferred to in section 1306(a), provide by regulation 
for the general terms and conditions of insurability 
applicable to properties eligible for multiperil cov-
erage 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, includ-
ing— 
‘‘(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 re-
jection of any risks which may be advisable; 
‘‘(D) appropriate minimum premiums; 
‘‘(E) appropriate loss deductibles; and 
‘‘(F) any other terms and conditions relat-
ing to insurance coverage or exclusion that may 
be necessary to carry out this subsection. 
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‘‘(7) LIMITATIONS
ON
AMOUNT
OF
COV-
ERAGE.— 
‘‘(A) MULTIPERIL COVERAGE.—The regu-
lations 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 re-
placement cost for covered losses or the fol-
lowing 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 prop-
erties for purposes of section 1306(b))— 
‘‘(I) for any single-family dwell-
ing, $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 con-
taining multiple dwelling units that 
are made available for occupancy by 
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‘‘(aa) any contents related 
to such structure; and 
‘‘(bb) in the case of any 
nonresidential property that is a 
business property, any losses re-
sulting from any partial or total 
interruption 
of 
the 
insured’s 
business caused by damage to, or 
loss of, such property from flood-
ing 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 pre-
vious 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 pur-
suant 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 cov-
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erage limit for the property set forth in sub-
paragraph (A) of this paragraph. 
‘‘(8) EFFECTIVE DATE.—This subsection shall 
take effect on, and shall apply beginning on, the ex-
piration of the 6-month period that begins on the 
date of the enactment of the Multiple Peril Insur-
ance Act of 2009.’’. 
SEC. 3. PROHIBITION AGAINST DUPLICATIVE COVERAGE. 
The National Flood Insurance Act of 1968 is amend-
ed 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 sub-
section: 
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‘‘(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 au-
thority, 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 Di-
rector shall carry out studies and investigations 
under this section to determine appropriate meas-
ures in wind events as to wind hazard prevention, 
and may enter into contracts, agreements, and other 
appropriate arrangements to carry out such activi-
ties. Such studies and investigations shall include 
laws, regulations, and ordinance relating to the or-
derly development and use of areas subject to dam-
age from windstorm risks, and zoning building 
codes, building permits, and subdivision and other 
building restrictions for such areas. 
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‘‘(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 en-
forcement 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 hurri-
cane, tornado, cyclone, typhoon, or other wind 
event.’’. 
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Union Calendar No. 315 
111TH CONGRESS 
2D SESSION 
H. R. 1264 
[Report No. 111–551] 
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. 
JULY 19, 2010 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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