[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2242 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 637
115th CONGRESS
  2d Session
                                S. 2242

                          [Report No. 115-347]

To amend the Omnibus Public Land Management Act of 2009 to clarify the 
authority of the Administrator of the National Oceanic and Atmospheric 
 Administration with respect to post-storm assessments, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2017

  Mr. Wicker introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           November 13, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Omnibus Public Land Management Act of 2009 to clarify the 
authority of the Administrator of the National Oceanic and Atmospheric 
 Administration 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``COASTAL Implementation Act 
of 2017''.</DELETED>

<DELETED>SEC. 2. NAMED STORM EVENT MODEL AND POST-STORM 
              ASSESSMENTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (6), by inserting 
                ``sustained'' before ``winds''; and</DELETED>
                <DELETED>    (B) in paragraph (7), by striking ``that 
                threaten any portion of a coastal State'' and inserting 
                ``for which post-storm assessments are 
                conducted'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) by striking ``by 
                                regulation'';</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``every'' and inserting ``an''; 
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(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.''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraphs 
                        (B) and (C) as subparagraphs (D) and (E), 
                        respectively;</DELETED>
                        <DELETED>    (ii) by inserting after 
                        subparagraph (A) the following:</DELETED>
                <DELETED>    ``(B) Data collection.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.'';</DELETED>
                        <DELETED>    (iii) in subparagraph (D), as so 
                        redesignated--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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'';</DELETED>
                        <DELETED>    (iv) in subparagraph (E), as so 
                        redesignated--</DELETED>
                                <DELETED>    (I) by striking ``an 
                                identification of a named storm is made 
                                under subparagraph (A)'' and inserting 
                                ``any indeterminate losses are 
                                identified under subparagraph (C)''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``for 
                                such storm under subparagraph (B)'' and 
                                inserting ``, under subparagraph (D), 
                                for any coastal State that suffered 
                                such indeterminate losses''; 
                                and</DELETED>
                        <DELETED>    (v) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(F) Separate post-storm assessments for 
                a single named storm.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``, in 
                the discretion of the Administrator,'' after ``of 
                sensors as may''; and</DELETED>
                <DELETED>    (C) in paragraph (4)(B), by inserting 
                ``and expend'' after ``receive''.</DELETED>
<DELETED>    (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''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COASTAL Implementation Act of 
2018''.

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 (2), by striking the period at the 
                end and inserting the following: ``, except that the 
                term shall not apply with respect to a State or 
                territory that has an operational wind and flood loss 
                allocation system.'';
                    (B) in paragraph (6), by inserting ``sustained'' 
                before ``winds''; and
                    (C) 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 ``December 31, 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.''; and
                    (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 ``any 
                                indeterminate losses are identified 
                                under subparagraph (C)''; and
                                    (II) by striking ``for such storm 
                                under subparagraph (B)'' and inserting 
                                ``under subparagraph (D) for any 
                                coastal State that suffered such 
                                indeterminate 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 ``December 31, 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) Amendments to the National Flood Insurance Act of 1968.--
Section 1337 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4057) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking the period at the 
                end and inserting the following: ``, except that the 
                term shall not apply with respect to a State or 
                territory that has an operational wind and flood loss 
                allocation system.''; and
                    (B) in paragraph (5), by inserting ``sustained'' 
                after ``maximum''; and
            (2) in subsection (h)--
                    (A) by inserting ``that issues a standard flood 
                insurance policy under the national flood insurance 
                program'' after ``company''; and
                    (B) by striking ``or the COASTAL Formula'' and 
                inserting ``, the COASTAL Formula, or any other loss 
                allocation or post-storm assessment arising under the 
                laws or ordinances of any State''.
                                                       Calendar No. 637

115th CONGRESS

  2d Session

                                S. 2242

                          [Report No. 115-347]

_______________________________________________________________________

                                 A BILL

To amend the Omnibus Public Land Management Act of 2009 to clarify the 
authority of the Administrator of the National Oceanic and Atmospheric 
 Administration with respect to post-storm assessments, and for other 
                               purposes.

_______________________________________________________________________

                           November 13, 2018

                       Reported with an amendment