[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2783 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2783

   To improve the resilience of the built and natural environment to 
   natural disasters and climate change using, among other measures, 
       natural and nature-based features, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2018

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

_______________________________________________________________________

                                 A BILL


 
   To improve the resilience of the built and natural environment to 
   natural disasters and climate change using, among other measures, 
       natural and nature-based features, 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 Communities Adaptation 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Coastal state.--
                    (A) In general.--The term ``coastal State'' means a 
                State of the United States in, or bordering on, the 
                Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, 
                the Long Island Sound, or one or more of the Great 
                Lakes.
                    (B) Inclusions.--The term ``coastal State'' 
                includes the District of Columbia, Puerto Rico, the 
                Virgin Islands, Guam, the Commonwealth of the Northern 
                Mariana Islands, the Trust Territories of the Pacific 
                Islands, and American Samoa.
            (3) Natural feature.--The term ``natural feature'' means a 
        feature that is created through the action of physical, 
        geological, biological, and chemical processes over time.
            (4) Nature-based feature.--The term ``nature-based 
        feature'' means a feature that is created by human design, 
        engineering, and construction to provide risk reduction in 
        coastal areas by acting in concert with natural processes.
            (5) Nonstructural measure.--The term ``nonstructural 
        measure'' means an action, including a modification in public 
        policy, management practice, regulation, or pricing policy, 
        that reduces harmful consequences of flooding, but does not 
        create a structural barrier to floodwaters.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 3. RESEARCH AND GRANTS TO IMPROVE RESILIENCE OF BUILT ENVIRONMENT.

    (a) Definition of Windstorm.--Section 203(5) of the National 
Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15702(5)) is amended 
to read as follows:
            ``(5) Windstorm.--
                    ``(A) In general.--The term `windstorm' means any 
                storm with a damaging or destructive wind component.
                    ``(B) Inclusions.--The term `windstorm' includes--
                            ``(i) a hurricane;
                            ``(ii) a tropical storm;
                            ``(iii) a northeaster;
                            ``(iv) a tornado;
                            ``(v) a thunderstorm; and
                            ``(vi) any water induced forces from waves, 
                        flood, storm surge, or rainfall related to a 
                        storm described in clauses (i) through (v).''.
    (b) National Institute of Standards and Technology.--Section 204(b) 
of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 
15703(b)) is amended--
            (1) in paragraph (1)(A), by striking ``buildings'' and 
        inserting ``buildings, structures,''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) National institute of standards and technology.--In 
        addition to the lead agency responsibilities described under 
        paragraph (1), the Director of the National Institute of 
        Standards and Technology shall--
                    ``(A) carry out research and development to improve 
                the resilience and responsiveness of buildings, 
                structures, and lifelines to windstorms, including by 
                recommending for the design, construction, and retrofit 
                of buildings, structures, and lifelines--
                            ``(i) model building codes;
                            ``(ii) voluntary design standards; and
                            ``(iii) best practices;
                    ``(B) award grants on a competitive basis for 
                research and development for the purpose described in 
                subparagraph (A);
                    ``(C) in coordination with other relevant public 
                and private entities, provide the best-available, 
                forward-looking research and guidance related to 
                windstorms and other climate change or extreme weather 
                to standards developing organizations for their 
                consideration in the development of design standards 
                and building codes; and
                    ``(D) conduct public outreach and education and 
                training programs related to this chapter for design 
                and construction professionals.''.
    (c) National Science Foundation.--Section 204(b)(3) of the National 
Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15703(b)(3)) is 
amended to read as follows:
            ``(3) National science foundation.--The Director of the 
        National Science Foundation, in coordination with the heads of 
        other Federal agencies conducting related activities, shall 
        support research, including multidisciplinary research--
                    ``(A) in engineering and the atmospheric sciences 
                to improve the understanding of the behavior of 
                windstorms and their impact on buildings, structures, 
                and lifelines;
                    ``(B) in economic and social factors influencing 
                windstorm risk reduction measures;
                    ``(C) to improve the resilience of buildings, 
                structures, and lifelines to windstorms; and
                    ``(D) to improve the responsiveness of buildings, 
                structures, and lifelines after a windstorm.''.
    (d) Department of Housing and Urban Development.--Section 204(b) of 
the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 
15703(b)) is amended by adding at the end the following:
            ``(6) Department of housing and urban development.--The 
        Secretary of the Department of Housing and Urban Development 
        shall promote the adoption of windstorm preparedness and 
        mitigation measures for manufactured HUD code housing units.''.
    (e) Interagency Coordinating Committee on Windstorm Impact 
Reduction.--Section 204(e)(2)(A) of the National Windstorm Impact 
Reduction Act of 2004 (42 U.S.C. 15703(e)(2)(A)) is amended--
            (1) in clause (iv), by striking ``; and'' and inserting a 
        semicolon; and
            (2) by adding at the end the following:
                            ``(vi) the Department of Housing and Urban 
                        Development; and''.

SEC. 4. BUILT TO LAST STAMP.

    (a) In General.--In order to afford the public a direct and 
tangible way to contribute to funding for shoreline risk and climate 
change adaptation, the United States Postal Service shall issue a 
semipostal (referred to in this section as the ``Built to Last Stamp'') 
in accordance with subsection (b).
    (b) Requirements.--The provisions of section 416 of title 39, 
United States Code, shall apply as practicable with respect to the 
Built to Last Stamp, subject to the following:
            (1) Design.--The Built to Last Stamp shall depict such 
        design as the Postal Service, in consultation with the 
        Secretary, considers appropriate.
            (2) Disposition of proceeds.--Subject to subsection (d)(3) 
        of that section, the amounts becoming available from the sale 
        of the Built to Last Stamp shall be deposited in the Built to 
        Last Stamp Fund under subsection (c) of this section.
    (c) Built to Last Stamp Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund, to be known as the Built to Last 
        Stamp Fund.
            (2) Assets.--The Built to Last Stamp Fund shall consist of 
        the following:
                    (A) Amounts deposited under subsection (b)(2).
                    (B) Such amounts as are appropriated or otherwise 
                made available to the fund.
            (3) Availability.--Amounts in the Built to Last Stamp Fund 
        shall remain available to the Secretary to carry out sections 5 
        and 6 of this Act until expended.

SEC. 5. PRIZE COMPETITIONS.

    (a) In General.--The Secretary may carry out a program to award 
prizes competitively under section 24 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3719), for the purpose 
described in subsection (b).
    (b) Purpose.--The purpose described in this subsection is to 
stimulate innovation to advance coastal risk reduction and resilience 
measures as follows:
            (1) Natural features, including dunes, reefs, and wetlands.
            (2) Nature-based features, including beach nourishment, 
        dune restoration, wetland and other coastal habitat 
        restoration, and living shoreline construction.
            (3) Nonstructural measures, including flood proofing of 
        structures, flood warning systems, and elevated development.

SEC. 6. CATALOG OF RESEARCH ON APPLICABLE COASTAL RISK REDUCTION AND 
              RESILIENCE MEASURES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, acting through the Administrator, shall--
            (1) identify all Department of Commerce research activities 
        regarding applicable coastal risk reduction and resilience 
        measures;
            (2) consult with the heads of other Federal agencies to 
        identify what activities, if any, those Federal agencies are 
        conducting regarding applicable coastal risk reduction and 
        resilience measures;
            (3) evaluate the effectiveness of the activities identified 
        under paragraphs (1) and (2); and
            (4) appoint one or more officers or employees of the 
        National Oceanic and Atmospheric Administration to liaise with 
        non-Federal entities conducting research related to applicable 
        coastal risk reduction and resilience measures in order to 
        eliminate redundancies, cooperate for common climate research 
        goals, and to make research findings readily available to the 
        public.
    (b) Definition of Applicable Coastal Risk Reduction and Resilience 
Measures.--In this section, the term ``applicable coastal risk 
reduction and resilience measures'' means natural features, nature-
based features, or nonstructural measures.

SEC. 7. GRANTS TO COASTAL STATES FOR ESTABLISHMENT OF REVOLVING FUNDS.

    (a) Capitalization Grants.--
            (1) In general.--The Secretary, acting through the 
        Administrator, shall award capitalization grants to each 
        coastal State for the purpose of establishing a community 
        resilience revolving fund under subsection (b) to carry out the 
        activities described in paragraph (3) of that subsection.
            (2) Schedule of grant payments.--The Administrator shall 
        pay to the coastal State the amount of each grant to be made to 
        the coastal State under paragraph (1) in quarterly 
        installments.
            (3) Agreements.--To receive a capitalization grant under 
        paragraph (1), a coastal State shall enter into an agreement 
        with the Administrator that--
                    (A) the coastal State will accept grant payments 
                with funds to be made available under paragraph (1) and 
                will deposit all such payments in the community 
                resilience revolving fund established by the coastal 
                State under subsection (b);
                    (B) the coastal State will deposit in the fund from 
                State moneys an amount equal to at least 20 percent of 
                the total amount of all capitalization grants which 
                will be made to the coastal State with funds to be made 
                available under this section on or before the date on 
                which each quarterly grant payment will be made to the 
                coastal State under this paragraph (2) of this 
                subsection;
                    (C) the coastal State will enter into binding 
                commitments to provide assistance in accordance with 
                the requirements of this section in an amount equal to 
                120 percent of the amount of each such grant payment 
                not later than 1 year after the date of receipt of such 
                grant payment;
                    (D) all funds in the community resilience revolving 
                fund established by the coastal State will be expended 
                in an expeditious and timely manner;
                    (E) in addition to complying with the requirements 
                of this section, the coastal State will commit or 
                expend each quarterly grant payment which it will 
                receive under this subsection in accordance with laws 
                and procedures applicable to the commitment or 
                expenditure of revenues of the coastal State;
                    (F) the coastal State will use accounting, audit, 
                and fiscal procedures conforming to generally accepted 
                government accounting standards;
                    (G) the coastal State will require as a condition 
                of making a loan or providing other assistance from the 
                community resilience revolving fund established by the 
                coastal State that the recipient of such assistance 
                will maintain project accounts in accordance with 
                generally accepted government accounting standards, 
                including standards relating to the reporting of 
                infrastructure assets;
                    (H) the coastal State will make annual reports to 
                the Administrator on the actual use of funds;
                    (I) the coastal State will establish, maintain, 
                invest, and credit the community resilience revolving 
                fund established by the coastal State with repayments, 
                such that the fund balance will be available in 
                perpetuity for activities under this section;
                    (J) any fees charged by the coastal State to 
                recipients of assistance that are considered program 
                income will be used for the purpose of financing the 
                cost of administering the community resilience 
                revolving fund established by the coastal State or 
                financing projects or activities eligible for 
                assistance from the community resilience revolving 
                fund;
                    (K) the coastal State will require as a condition 
                of providing assistance to a municipality or 
                intermunicipal, interstate, or State agency that the 
                recipient of such assistance certify, in a manner 
                determined by the Governor of the coastal State, that 
                the recipient has studied and evaluated the 
                sustainability of the processes, materials, techniques, 
                and technologies for carrying out the proposed project 
                or activity for which assistance is sought under this 
                section; and
                    (L) a contract to be carried out using funds 
                directly made available by a capitalization grant under 
                this section for program management, construction 
                management, feasibility studies, preliminary 
                engineering, design, engineering, surveying, mapping, 
                or architectural related services shall be negotiated 
                in the same manner as a contract for architectural and 
                engineering services is negotiated under chapter 11 of 
                title 40, United States Code, or an equivalent State 
                qualifications-based requirement (as determined by the 
                Governor of the coastal State).
    (b) Community Resilience Revolving Funds.--
            (1) Establishment.--Before a coastal State may receive a 
        capitalization grant with funds made available under subsection 
        (a)(1), the coastal State shall first establish a community 
        resilience revolving fund which complies with the requirements 
        of this section.
            (2) Administration.--Each coastal State community 
        resilience revolving fund shall be administered by an 
        instrumentality of the coastal State with such powers and 
        limitations as may be required to operate such fund in 
        accordance with the requirements and objectives of this 
        section.
            (3) Use of funds.--The amounts of funds available to each 
        coastal State community resilience revolving fund shall be used 
        only for providing financial assistance to any municipality or 
        intermunicipal, interstate, or State agency--
                    (A) for the completion of a vulnerability 
                assessment;
                    (B) for the protection of natural flood risk 
                mitigation features, including land acquisition from 
                willing sellers;
                    (C) for the construction of natural features or 
                nature-based features, including beach nourishment and 
                dune restoration;
                    (D) for the implementation of a regional sediment 
                management program;
                    (E) for the development and implementation of a 
                shoreline conservation and management plan;
                    (F) for the restoration, repair, or replacement of 
                wetlands and living shorelines;
                    (G) for other measures to prevent, manage, 
                mitigate, or adapt to shoreline erosion, saltwater 
                intrusion, nuisance flooding, sea level rise, and other 
                coastal hazards related to climate change;
                    (H) to carry out nonstructural measures to mitigate 
                flood risk; and
                    (I) to plan, develop, and obtain financing for 
                eligible projects under this subsection, including 
                planning, design, and associated preconstruction 
                activities.
            (4) Issuance of loans.--Except as otherwise limited by 
        State law, a community resilience revolving fund of a coastal 
        State under this section may be used only--
                    (A) to make loans, on the condition that--
                            (i) such loans are made at or below market 
                        interest rates, including interest free loans, 
                        at terms not to exceed the lesser of 30 years 
                        and the projected useful life (as determined by 
                        the coastal State) of the project to be 
                        financed with the proceeds of the loan;
                            (ii) annual principal and interest payments 
                        will commence not later than 1 year after the 
                        date of completion of any project and all loans 
                        will be fully amortized upon the expiration of 
                        the term of the loan;
                            (iii) the recipient of a loan will 
                        establish a dedicated source of revenue for 
                        repayment of loans; and
                            (iv) the fund will be credited with all 
                        payments of principal and interest on all 
                        loans;
                    (B) to buy or refinance the debt obligation of 
                municipalities and intermunicipal and interstate 
                agencies within the coastal State at or below market 
                rates, where such debt obligations were incurred after 
                January 1, 2013;
                    (C) to guarantee, or purchase insurance for, local 
                obligations where such action would improve credit 
                market access or reduce interest rates;
                    (D) as a source of revenue or security for the 
                payment of principal and interest on revenue or general 
                obligation bonds issued by the coastal State if the 
                proceeds of the sale of such bonds will be deposited in 
                the community resilience revolving fund;
                    (E) to provide loan guarantees for similar 
                revolving funds established by municipalities or 
                intermunicipal agencies;
                    (F) to earn interest on community resilience 
                revolving fund accounts; and
                    (G) for the reasonable costs of administering the 
                community resilience revolving fund and conducting 
                activities under this section, except that such amounts 
                shall not exceed 3 percent of all grant awards to such 
                fund under this section, plus the amount of any fees 
                collected by the coastal State for such purpose 
                regardless of the source.
            (5) Subsidization.--
                    (A) In general.--In any case in which a coastal 
                State provides assistance to a municipality or 
                intermunicipal, interstate, or State agency, the 
                coastal State may provide additional subsidization, 
                including forgiveness of principal and negative 
                interest loans--
                            (i) to benefit a municipality or 
                        intermunicipal agency that--
                                    (I) meets the affordability 
                                criteria of the coastal State 
                                established under subparagraph (B); or
                                    (II) does not meet the 
                                affordability criteria of the coastal 
                                State if the recipient--
                                            (aa) seeks additional 
                                        subsidization to benefit 
                                        individual ratepayers in the 
                                        residential user rate class;
                                            (bb) demonstrates to the 
                                        coastal State that such 
                                        ratepayers will experience a 
                                        significant hardship from the 
                                        increase in rates necessary to 
                                        finance the project or activity 
                                        for which assistance is sought; 
                                        and
                                            (cc) ensures, as part of an 
                                        assistance agreement between 
                                        the coastal State and the 
                                        recipient, that the additional 
                                        subsidization provided under 
                                        this paragraph is directed 
                                        through a user charge rate 
                                        system (or other appropriate 
                                        method) to such ratepayers; or
                            (ii) to implement a process, material, 
                        technique, or technology--
                                    (I) to address resilience goals; or
                                    (II) to encourage sustainable 
                                project planning, design, and 
                                construction.
                    (B) Affordability criteria.--
                            (i) In general.--Not later than January 1, 
                        2020, and after providing notice and an 
                        opportunity for public comment, a coastal State 
                        shall establish affordability criteria to 
                        assist in identifying municipalities that would 
                        experience a significant hardship raising the 
                        revenue necessary to finance a project or 
                        activity eligible for assistance under 
                        paragraph (3) if additional subsidization is 
                        not provided.
                            (ii) Basis of criteria.--The criteria under 
                        clause (i) shall be based on income and 
                        unemployment data, population trends, and other 
                        data determined relevant by the coastal State, 
                        including whether the project or activity is to 
                        be carried out in an economically distressed 
                        area, as described in section 301 of the Public 
                        Works and Economic Development Act of 1965 (42 
                        U.S.C. 3161).
                    (C) Additional subsidization.--
                            (i) In general.--A coastal State may 
                        provide additional subsidization in a fiscal 
                        year under this paragraph only if the total 
                        amount appropriated for making capitalization 
                        grants to all coastal States under this section 
                        for the fiscal year exceeds $500,000,000.
                            (ii) Limitation.--Except as provided in 
                        clause (iii), a coastal State may use not more 
                        than 30 percent of the total amount received by 
                        the coastal State in capitalization grants 
                        under subsection (b) for a fiscal year for 
                        providing additional subsidization under this 
                        paragraph.
                            (iii) Exception.--If, in a fiscal year, the 
                        amount appropriated for making capitalization 
                        grants to all coastal States under this section 
                        exceeds $500,000,000 by a percentage that is 
                        less than 30 percent, clause (ii) shall be 
                        applied by substituting that percentage for 30 
                        percent.
    (c) Compliance.--
            (1) In general.--If the Administrator determines that a 
        coastal State has not complied with its agreement with the 
        Administrator under subsection (a)(3) or any other requirement 
        of this section, the Administrator shall notify the coastal 
        State of such noncompliance and the necessary corrective 
        action.
            (2) Withholding payments.--If a coastal State does not take 
        corrective action within 60 days after the date the coastal 
        State receives notification of such action under paragraph (1), 
        the Administrator shall withhold additional payments to the 
        coastal State until the Administrator is satisfied that the 
        coastal State has taken the necessary corrective action.
            (3) Reallotment of payments.--If the Administrator is not 
        satisfied that adequate corrective actions have been taken by 
        the coastal State not later than 12 months after the coastal 
        State is notified of such actions under paragraph (1), the 
        payments withheld from the coastal State by the Administrator 
        under paragraph (2) shall be made available for reallotment in 
        accordance with the most recent formula for allotment of funds 
        under this section.
    (d) Fiscal Control and Auditing Procedures.--Each coastal State 
electing to establish a community resilience revolving fund under this 
section shall establish fiscal controls and accounting procedures 
sufficient to assure proper accounting during appropriate accounting 
periods for--
            (1) payments received by the fund;
            (2) disbursements made by the fund; and
            (3) fund balances at the beginning and end of the 
        accounting period.
    (e) Annual Federal Audits.--Not less frequently than once each 
year, the Administrator shall conduct or require each coastal State to 
have independently conducted reviews and audits as may be deemed 
necessary or appropriate by the Administrator to carry out the 
objectives of this section. Audits of the use of funds deposited in the 
community resilience revolving fund established by such coastal State 
shall be conducted in accordance with the auditing procedures of the 
Government Accountability Office, including chapter 75 of title 31, 
United States Code.
    (f) Intended Use Plan.--After providing for public comment and 
review, each coastal State shall annually prepare a plan identifying 
the intended uses of the amounts available to its community resilience 
revolving fund. Such intended use plan shall include--
            (1) a list of those projects for construction;
            (2) a description of the short- and long-term goals and 
        objectives of its community resilience revolving fund;
            (3) information on the activities to be supported, terms of 
        financial assistance, and communities served; and
            (4) the criteria and method established for the 
        distribution of funds.
    (g) Annual Report.--Beginning the first fiscal year after the 
receipt of payments under this section and not less frequently than 
once each fiscal year thereafter, each coastal State shall provide a 
report to the Administrator describing how the coastal State has met 
the goals and objectives for the previous fiscal year as identified in 
the plan prepared for the previous fiscal year pursuant to subsection 
(f).
    (h) Annual Federal Oversight Review.--
            (1) In general.--Not less frequently than once each year, 
        the Administrator shall conduct an oversight review of each 
        coastal State plan prepared under subsection (f), each coastal 
        State report prepared under subsection (g), and other such 
        materials as are considered necessary and appropriate in 
        carrying out the purposes of this section.
            (2) Availability of records.--After reasonable notice by 
        the Administrator to the coastal State or the recipient of a 
        loan from a community resilience revolving fund, the coastal 
        State or loan recipient shall make available to the 
        Administrator such records as the Administrator reasonably 
        requires to review and determine compliance with this section.
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