[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2093 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2093

To amend the Omnibus Public Land Management Act of 2009 to clarify the 
  authority of the Administrator of the Federal Emergency Management 
 Agency with respect to post-storm assessments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2017

  Mr. Wicker introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Omnibus Public Land Management Act of 2009 to clarify the 
  authority of the Administrator of the Federal Emergency Management 
 Agency with respect to post-storm assessments, 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 ``COASTAL Implementation Act of 
2017''.

SEC. 2. NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS.

    (a) Amendments to the Omnibus Public Land Management Act of 2009.--
Section 12312 of the Omnibus Public Land Management Act of 2009 (33 
U.S.C. 3611) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by inserting ``sustained'' 
                before ``winds''; and
                    (B) in paragraph (7), by striking ``that threaten 
                any portion of a coastal State'' and inserting ``for 
                which post-storm assessments are conducted'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``540 days after 
                                the date of the enactment of the 
                                Consumer Option for an Alternative 
                                System to Allocate Losses Act of 2012'' 
                                and inserting ``June 1, 2019''; and
                                    (II) by striking ``by regulation'';
                            (ii) in subparagraph (B), by striking 
                        ``every'' and inserting ``an''; and
                            (iii) by adding at the end the following:
                    ``(C) Public review.--The Administrator shall seek 
                input and suggestions from the public before the Named 
                Storm Event Model, or any modification to the Named 
                Storm Event Model, takes effect.'';
                    (B) in paragraph (2)--
                            (i) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (D) and (E), respectively;
                            (ii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) Data collection.--
                            ``(i) In general.--Upon identification of a 
                        named storm under subparagraph (A), and 
                        pursuant to the protocol established under 
                        subsection (c), the Administrator may deploy 
                        sensors to enhance the collection of covered 
                        data in the areas in coastal States that the 
                        Administrator determines are at the highest 
                        risk of experiencing geophysical events that 
                        would cause indeterminate losses.
                            ``(ii) Rule of construction.--If the 
                        Administrator takes action under clause (i), 
                        that action may not be construed as indicating 
                        that a post-storm assessment will be developed 
                        for any coastal State in which that action is 
                        taken.
                    ``(C) Identification of indeterminate losses in 
                coastal states.--Not later than 30 days after the first 
                date on which sustained winds of not less than 39 miles 
                per hour are measured in a coastal State during a named 
                storm identified under subparagraph (A), the Secretary 
                of Homeland Security shall notify the Administrator 
                with respect to the existence of any indeterminate 
                losses in that coastal State resulting from that named 
                storm.'';
                            (iii) in subparagraph (D), as so 
                        redesignated--
                                    (I) by striking ``identification of 
                                a named storm under subparagraph (A)'' 
                                and inserting ``confirmation of 
                                indeterminate losses identified under 
                                subparagraph (C) with respect to a 
                                named storm''; and
                                    (II) by striking ``assessment for 
                                such named storm'' and inserting 
                                ``assessment for each coastal State 
                                that suffered such indeterminate losses 
                                as a result of the named storm'';
                            (iv) in subparagraph (E), as so 
                        redesignated--
                                    (I) by striking ``an identification 
                                of a named storm is made under 
                                subparagraph (A)'' and inserting 
                                ``indeterminate losses are identified 
                                under subparagraph (C)''; and
                                    (II) by striking ``for such storm 
                                under subparagraph (B)'' and inserting 
                                ``under subparagraph (D), any coastal 
                                State that suffered such losses''; and
                            (v) by adding at the end the following:
                    ``(F) Separate post-storm assessments for a single 
                named storm.--
                            ``(i) In general.--The Administrator may 
                        conduct a separate post-storm assessment for 
                        each coastal State in which indeterminate 
                        losses are identified under subparagraph (C).
                            ``(ii) Timeline.--If the Administrator 
                        conducts a separate post-storm assessment under 
                        clause (i), the Administrator shall complete 
                        the assessment based on the dates of actions 
                        that the Administrator takes under 
                        subparagraphs (C) and (D).''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``540 days after 
                the date of the enactment of the Consumer Option for an 
                Alternative System to Allocate Losses Act of 2012'' and 
                inserting ``June 1, 2019'';
                    (B) in paragraph (2), by inserting ``, in the 
                discretion of the Administrator,'' after ``of sensors 
                as may''; and
                    (C) in paragraph (4)(B), by inserting ``and 
                expend'' after ``receive''.
    (b) Amendment to the National Flood Insurance Act of 1968.--Section 
1337(a)(5) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4057(a)(5)) is amended by inserting ``sustained'' after ``maximum''.
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