H.R. 1264House111th Congress (2009-2011)In Committee

Multiple Peril Insurance Act of 2009

Introduced March 3, 2009

Legislative Activity

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7 earlier actions
HouseFloor Latest Action

Rule H. Res. 1549 passed House.

July 22, 2010 • 4:10 PM

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HouseIntro Referral

Introduced in House

March 3, 2009

HouseIntro Referral

Referred to the House Committee on Financial Services.

March 3, 2009

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 27, 2010

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 40 - 25.

April 27, 2010

HouseCommittee

Reported by the Committee on Financial Services. H. Rept. 111-551.

July 19, 2010

HouseCalendars

Placed on the Union Calendar, Calendar No. 315.

July 19, 2010

HouseFloor

Rules Committee Resolution H. Res. 1549 Reported to House. Rule provides for consideration of H.R. 1264 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.

July 21, 2010 • 5:09 PM

HouseFloor

Rule H. Res. 1549 passed House.

July 22, 2010 • 4:10 PM

Floor Debate

11 members

What members said about H.R. 1264 on the floor

7 Republicans4 Democrats
Pete Sessions
Rep. Pete SessionsR-TX-32 · Jul 22, 2010

I thank the chairwoman of the Rules Committee for yielding me this time, my friend, Ms. Slaughter. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, this will be the 34th time…

Gene Taylor
Rep. Gene TaylorD-MS-4 · Jul 22, 2010

Thank you, Madam Chairman. Madam Speaker, if I was a shill for the insurance industry, and apparently we have our share on the floor today, I would do everything but talk about what the insurance…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Jul 22, 2010

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1549 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I am pleased to yield…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 15, 2010

I thank the Republican whip for yielding. Madam Speaker, on Monday, the House will meet at 12:30 p.m. for morning-hour debate and 2 p.m. for legislative business, with votes postponed until 6 p.m. On…

Eric Cantor
Rep. Eric CantorR-VA-7 · Jul 15, 2010

Madam Speaker, I yield to the gentleman from Maryland, the majority leader, for the purpose of announcing next week's schedule. Madam Speaker, given the schedule the gentleman just announced, I would…

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Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jul 22, 2010

I appreciate the gentlelady's courtesy in permitting me to speak on the rule. I will support the rule, but I rise in reluctant opposition to the legislation. I sympathize with my good friend from…

Jack Kingston
Rep. Jack KingstonR-GA-1 · Jul 22, 2010

I thank the gentleman for yielding. While I oppose the rule and the bill, I want to say with great emphasis what a fiscal conservative my friend from Mississippi is, and how I know that he is…

Shelley Moore Capito
Rep. Shelley Moore CapitoR-WV-2 · Jul 22, 2010

Madam Speaker, I know we're going to have a big debate on flood insurance and wind insurance and I'm going to be participating in that, but I wanted to talk about, obviously, the YouCut program.…

Mac Thornberry
Rep. Mac ThornberryR-TX-13 · Jul 22, 2010

I thank my friend for yielding. Madam Speaker, one of the things that most Americans don't realize is to what extent the Speaker, through the Rules Committee, controls this House and even what we can…

Eric Cantor
Rep. Eric CantorR-VA-7 · Jul 22, 2010

I thank the gentleman. Madam Speaker, I rise in opposition to the rule. I rise in opposition to the previous question. With over 1.3 million votes cast and counting, the YouCut movement continues to…

Peter J. Roskam
Rep. Peter J. RoskamR-IL-6 · Jul 22, 2010

I thank the gentleman. You know, if you were going to sit around and come up with a movie script of absurdity, you couldn't come up with a script that was this real. In other words, taxpayers out…

Todd Tiahrt
Rep. Todd TiahrtR-KS-4 · Jul 26, 2010

Madam Speaker, on July 22nd, I missed six rollcall votes numbered 461, 462, 463, 464, 465, and 466 because I was unavoidably detained in Kansas. Rollcall No. 461 was a vote on H. Res. 1550, providing…

Bill Text

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Reported in HouseIssued July 19, 2010

IB

Union Calendar No. 315

111th CONGRESS

2d Session

H. R. 1264

[Report No. 111–551]

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

July 19, 2010

Additional sponsors: Mr. Miller of Florida, Mr. Al Green of Texas, Mr. Bishop of New York, Mr. Davis of Alabama, Mr. Bonner, Mr. Harper, Mr. Grayson, and Mr. Jones

July 19, 2010

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


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.


1.

Short title

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

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.

.

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:

1314.

Prohibition against duplicative coverage

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).

.

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.

.

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.

.

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.

.

July 19, 2010

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed