[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1276

To require the Administrator of the Federal Emergency Management Agency 
 to carry out a pilot program to enhance the mapping of urban flooding 
and associated property damage and the availability of that mapped data 
   to homeowners, businesses, and localities to help understand and 
      mitigate the risk of such flooding, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2019

 Mr. Durbin (for himself, Mr. Rubio, and Ms. Duckworth) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Federal Emergency Management Agency 
 to carry out a pilot program to enhance the mapping of urban flooding 
and associated property damage and the availability of that mapped data 
   to homeowners, businesses, and localities to help understand and 
      mitigate the risk of such flooding, 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 ``Flood Mapping Modernization and 
Homeowner Empowerment Pilot Program Act of 2019''.

SEC. 2. FLOOD MAPPING MODERNIZATION AND HOMEOWNER EMPOWERMENT PILOT 
              PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (2) Coastal.--The term ``coastal'' means, with respect to a 
        unit of general local government, that the unit borders a body 
        of water that--
                    (A) is more than 2,000 square miles in size; and
                    (B) is not a river.
            (3) Pelagic.--The term ``pelagic'' means, with respect to a 
        unit of general local government, that--
                    (A) the unit is a coastal unit; and
                    (B) the body of water that the unit borders is--
                            (i) an ocean; or
                            (ii) a large, open body of water, including 
                        a bay or a gulf, that empties into an ocean.
            (4) Pilot program.--The term ``pilot program'' means the 
        pilot program carried out by the Administrator under this 
        section.
            (5) Urban flooding.--The term ``urban flooding''--
                    (A) means the inundation, by water, of property in 
                a built environment, particularly in a densely 
                populated area, that--
                            (i) is caused by falling rain--
                                    (I) collecting on an impervious 
                                surface; or
                                    (II) increasing the level of a body 
                                of water that is located near that 
                                built environment; and
                            (ii) overwhelms the capacity of drainage 
                        systems in the built environment, such as storm 
                        sewers;
                    (B) includes--
                            (i) a situation in which stormwater enters 
                        a building through a window, door, or other 
                        opening;
                            (ii) the backup of water through a sewer 
                        pipe, shower, toilet, sink, or floor drain;
                            (iii) the seepage of water through a wall 
                        or a floor;
                            (iv) the accumulation of water on property 
                        or a public right-of-way; and
                            (v) the overflow from a body of water, such 
                        as a river, lake, or ocean; and
                    (C) does not include flooding in an undeveloped or 
                agricultural area.
            (6) Urbanized area.--The term ``urbanized area'' means an 
        area that has been defined and designated as an urbanized area 
        by the Bureau of the Census during the most recently completed 
        decennial census.
    (b) Establishment.--The Administrator shall carry out a pilot 
program to make grants to units of local government to--
            (1) enhance the production of maps relating to urban 
        flooding and associated property damage; and
            (2) increase the availability of the maps described in 
        paragraph (1) to homeowners, businesses, and units of local 
        government to enable those entities to minimize the risk of 
        urban flooding.
    (c) Objectives.--Amounts from grants made under the pilot program 
may be used only to carry out activities that meet the following 
objectives:
            (1) Developing a methodology for assessing the risk of 
        urban flooding through the deployment of technology-based 
        mapping tools that--
                    (A) are easily understandable by the public; and
                    (B) effectively convey information regarding the 
                level of flood risk.
            (2) Providing structure-specific projections of annual 
        chance flood frequency.
            (3) Providing structure-based flood risk assessments.
            (4) Providing program design for the mitigation of the risk 
        of urban flooding.
            (5) Incorporating information regarding climate trends into 
        urban flooding risk assessments.
            (6) Making the information described in this subsection 
        publicly available on the internet through a web-based portal 
        so as to increase transparency regarding homeowner flood risks.
    (d) Eligible Recipients.--
            (1) In general.--A grant under the pilot program may be 
        made only to--
                    (A) a unit of general local government that is 
                located in an urbanized area with a population of more 
                than 50,000 individuals; or
                    (B) a stormwater management authority of a unit of 
                general local government described in subparagraph (A).
            (2) One-time grants.--A grant under the pilot program may 
        not be made to--
                    (A) any unit of general local government, or the 
                stormwater management authority of a unit of general 
                local government, that previously received a grant 
                under the pilot program;
                    (B) any unit of general local government if the 
                stormwater management agency for that unit previously 
                received a grant under the pilot program; or
                    (C) any stormwater management agency of a unit of 
                general local government if that unit previously 
                received a grant under the pilot program.
            (3) Treatment of certain stormwater management 
        authorities.--
                    (A) In general.--In the case of a stormwater 
                management authority that operates with respect to more 
                than 1 unit of general local government, the 
                application of that authority shall be considered for 
                purposes of paragraph (2) of this subsection and 
                subsections (f), (g), and (h)(1) to be made for the 
                largest unit of general local government with respect 
                to which that authority operates.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) may be construed to limit the ability of a 
                stormwater management authority described in that 
                subparagraph to carry out activities under a 
                demonstration project in any other jurisdiction in, or 
                with respect to any other unit of local government 
                with, which that authority operates.
    (e) Applications.--To be eligible for a grant under the pilot 
program, a unit of general local government or a stormwater management 
agency shall submit to the Administrator an application in such form 
and containing such information as the Administrator shall require.
    (f) Selection of Recipients.--
            (1) Annual selection.--Subject to paragraph (2), and to the 
        submission of approvable applications, in each fiscal year for 
        which amounts are made available for grants under the pilot 
        program, the Administrator shall select, from among 
        applications submitted under subsection (e) for that fiscal 
        year, 3 units of general government or stormwater management 
        authorities to receive grants under the pilot program.
            (2) Aggregate limit.--Subject only to the submission of 
        approvable applications, the Administrator shall select, in the 
        aggregate over the entire duration of the pilot program, 12 
        units of general government or stormwater management 
        authorities to receive grants under the pilot program, as 
        follows:
                    (A) Tier 1.--Three of the applicants selected shall 
                be units of general local government, or stormwater 
                management authorities for those units, each of which 
                has a population of more than 800,000 individuals, as 
                follows:
                            (i) Pelagic coastal city.--One shall be--
                                    (I) a unit of general local 
                                government that is a pelagic unit; or
                                    (II) a stormwater authority for a 
                                unit described in subclause (I).
                            (ii) Non-pelagic coastal city.--One shall 
                        be--
                                    (I) a unit of general local 
                                government that--
                                            (aa) is a coastal unit; and
                                            (bb) is not a pelagic unit; 
                                        or
                                    (II) a stormwater authority for a 
                                unit described in subclause (I).
                            (iii) Non-coastal city.--One shall be--
                                    (I) a unit of general local 
                                government that is not a coastal unit; 
                                or
                                    (II) a stormwater authority for a 
                                unit described in subclause (I).
                    (B) Tier 2.--Six of the applicants selected shall 
                be units of general local government, or stormwater 
                management authorities for those units, each of which 
                has a population of more than 200,000 individuals and 
                not more than 800,000 individuals, as follows:
                            (i) Coastal cities.--Three shall be--
                                    (I) units of general local 
                                government that are coastal units; or
                                    (II) stormwater management 
                                authorities for units described in 
                                subclause (I).
                            (ii) Non-coastal cities.--Three shall be--
                                    (I) units of general local 
                                government that are not coastal units; 
                                or
                                    (II) stormwater management 
                                authorities for units described in 
                                subclause (I).
                    (C) Tier 3.--Three of the applicants selected shall 
                be--
                            (i) units of general local government, each 
                        of which has a population of more than 50,000 
                        individuals and not more than 200,000 
                        individuals; or
                            (ii) stormwater management authorities for 
                        units described in clause (i).
    (g) Priority.--
            (1) In general.--The Administrator shall select applicants 
        for grants under the pilot program based on the extent to which 
        the applications of those applicants shall achieve the 
        objectives described in subsection (c).
            (2) Tiers 2 and 3.--In selecting applicants to receive 
        grants under the pilot program under subparagraphs (B) and (C) 
        of subsection (f)(2), the Administrator shall give priority to 
        applicants--
                    (A) that are highly vulnerable to sea level rise;
                    (B) within which are located a military 
                installation or another facility relating to national 
                security concerns; or
                    (C) that have--
                            (i) populations that are highly vulnerable 
                        to urban flooding; and
                            (ii) an uneven capacity for flood 
                        mitigation and response efforts resulting from 
                        socioeconomic factors.
    (h) Amount.--
            (1) Considerations.--In determining the amount of a grant 
        under the pilot program, the Administrator shall consider the 
        population of the grant recipient, which may be considered in 
        terms of the tier under subsection (f)(2) with respect to the 
        recipient.
            (2) Federal share.--The amount of a grant under the pilot 
        program may not exceed 75 percent of the total cost incurred in 
        carrying out the activities described in subsection (c).
    (i) Duration.--The Administrator shall require each recipient of a 
grant under the pilot program to complete the activities described in 
subsection (c), which shall be, subject to subsection (h)(2), carried 
out using the grant amounts, not later than 18 months after the date on 
which the recipient initially receives the grant amounts under the 
pilot program.
    (j) Use of Census Data.--The Administrator shall make all 
determinations regarding population under the pilot program by using 
data from the most recently completed decennial census by the Bureau of 
the Census.
    (k) Grantee Reports to FEMA.--Each recipient of a grant under the 
pilot program shall, not later than 30 months after the date on which 
the recipient initially receives the grant amounts, submit to the 
Administrator a report that describes--
            (1) the activities carried out with the grant amounts;
            (2) how the activities carried out with the grant amounts 
        have met the objectives described in subsection (c);
            (3) any lessons learned in carrying out the activities 
        described in paragraph (2); and
            (4) any recommendations for future mapping modernization 
        efforts by the Federal Emergency Management Agency.
    (l) Biennial Reports by FEMA.--Not later than 2 years after the 
date of enactment of this Act, and not less frequently than once every 
2 years thereafter until the date on which all activities carried out 
with amounts from grants under the pilot program are completed, the 
Administrator shall submit to Congress and make available to the public 
on an internet website a report that--
            (1) describes--
                    (A) the progress of the activities carried out with 
                amounts from those grants; and
                    (B) the effectiveness of technology-based mapping 
                tools used in carrying out the activities described in 
                subparagraph (A); and
            (2) with respect to the final report that the Administrator 
        is required to submit under this subsection, includes 
        recommendations to Congress and the executive branch of the 
        Federal Government for implementing strategies, practices, and 
        technologies to mitigate the effects of urban flooding.
    (m) Sense of Congress.--It is the sense of Congress that, because 
the pilot program is limited with respect to scope and resources, 
communities that participate in the pilot program should acknowledge 
that the most successful efforts to mitigate the effects of urban 
flooding--
            (1) take a structural-based mitigation approach with 
        respect to construction, which includes--
                    (A) recognizing any post-storm damage that may 
                occur; and
                    (B) pursuing designs that proactively minimize 
                future flood damage;
            (2) make individuals in the community aware, through any 
        cost-effective and available means of education, of the best 
        approaches regarding the construction of properties that are 
        able to survive floods, which reduces the cost of future 
        repairs; and
            (3) encourage home and property owners to consider the 
        measures described in paragraphs (1) and (2), which are the 
        most cost-effective and prudent ways to reduce the impact of 
        flooding, when constructing or renovating building components.
    (n) Funding.--There are authorized to be appropriated for grants 
under the pilot program--
            (1) $1,200,000 for fiscal year 2020; and
            (2) $4,300,000 for fiscal year 2021, to remain available 
        through 2023.
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