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and reinsurance claims paid under excess loss reinsur

ance coverage; and

(3) to make such other payments as may be necessary to carry out the purposes of this Act.

(b) All such sums shall be available without fiscal year limitation.

TECHNICAL AMENDMENT

SEC. 23. (a) Section 1302 (f) of the Housing and

9 Urban Development Act of 1968 is repealed.

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(b) Section 1370 of such Act is amended by—

and

(1) striking out the subsection designation “(a)”;

(2) striking out subsection (b) of such section.

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EFFECTIVE DATE

SEC. 24. This Act shall take effect one hundred and 16 twenty days after the date of its enactment, except that the 17 Secretary, on the basis of a finding that conditions exist 18 necessitating a later effective date, may prescribe a later 19 effective date which shall not be more than one hundred and 20 eighty days after such date of enactment.

92D CONGRESS 1ST SESSION

S. 903

IN THE SENATE OF THE UNITED STATES

FEBRUARY 22 (legislative day, FEBRUARY 17), 1971

Mr. BAYH (for himself, Mr. CRANSTON, and Mr. TUNNEY) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing and Urban Affairs

A BILL

To provide for a national program of disaster insurance. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Federal Disaster Insur4 ance Act of 1971".

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PURPOSE

SEC. 2. It is the purpose of this Act to provide for a 7 Federal insurance program covering property loss or damage 8 resulting from a disaster if such insurance is not made 9 available to the public at reasonable rates by the insurance

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DEFINITIONS

SEC. 3. As used in this Act

(1) "disaster” means any flood, high waters, winddriven waters, tidal wave, drought, hurricane, tornado, earthquake, storm, or other catastrophe as defined by the Secretary in regulations issued pursuant to this Act; (2) "United States" means the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Canal Zone;

(3) "State" means each of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Canal Zone;

(4) "Governor" means the chief executive of any State; and

(5) "Secretary" means the Secretary of Housing

and Urban Development.

BASIC AUTHORITY

SEC. 4. (a) The Secretary is authorized to establish and

21 carry out a disaster insurance program which will enable 22 interested persons to purchase insurance against loss result23 ing from physical damage to or loss of real property and 24 personal property related thereto arising from any disaster

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(b) In carrying out the disaster insurance program

2 the Secretary shall, to the maximum extent practicable, en

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courage and arrange for

(1) appropriate financial participation and risksharing in the program by insurance companies or other insurers; and

(2) other appropriate participation on other than

a risk-sharing basis by insurance companies or other insurers, insurance agents and brokers, and insurance adjustment organizations.

SCOPE OF PROGRAM

SEC. 5. (a) In carrying out the disaster insurance program the Secretary shall initially make disaster insur

ance available to cover residential properties which are 15 designed for the occupancy of from one to four families. (b) If on the basis of

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(1) studies and investigations undertaken and carried out and information received or exchanged under

section 7, and

(2) such other information as may be necessary, the Secretary determines that it would be feasible to extend

the disaster insurance program to cover other properties,

he may take such action under this Act as may be neces

sary in order to make disaster insurance available to

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cover, on sull basis as may be feasible, any types and

classes of

(A) other residential properties;

(B) business properties:

(C) agricultural properties;

(D) properties occupied by private nonprofit organizations; and

(E) properties owned by State and local gov

ernments and agencies thereof.

10 Any such extensions of the program to any types and classes

11 of such properties shall be established by order.

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NATURE AND LIMITATION OF INSURANCE COVERAGE

SEC. 6. (a) The Secretary shall, after consultation with appropriate representatives of the insurance authorities of the respective States, provide by order for general terms and conditions of insurability which shall be applicable to properties eligible for disaster insurance coverage under section 5, including

(1) the types, classes, and locations of any such properties which shall be eligible for disaster insurance;

(2) the nature of and limits of loss or damage in any areas (or subdivisions thereof) which may be

covered by such insurance;

(3) the classification, limitation, and rejection of

any risks which may be necessary;

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