[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 810 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 810

 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

                             March 14, 2019

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

_______________________________________________________________________

                                 A BILL


 
 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COASTAL Implementation Act of 
2019''.

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'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``establish by 
                rule'' and inserting ``publish for comment in the 
                Federal Register''; and
                    (B) in paragraph (2)(B), by inserting after 
                ``Elevation Certificate'' the following: ``, or other 
                data or information used to determine a property's 
                current risk of flood, as determined by the 
                Administrator,'';
            (3) in subsection (c)(3)(A)(i), by striking ``the issuance 
        of the rule establishing the COASTAL Formula'' and inserting 
        ``publication of the COASTAL Formula in the Federal Register as 
        required by subsection (b)(1)'';
            (4) 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'';
            (5) in subsection (i), by striking ``after the date on 
        which the Administrator issues the rule establishing the 
        COASTAL Formula under subsection (b)'' and inserting ``60 days 
        after publication of the COASTAL Formula in the Federal 
        Register as required by subsection (b)(1)''; and
            (6) by adding at the end the following:
    ``(k) Rule of Construction.--Nothing in this section shall be 
construed to create a cause of action under this Act.''.
                                 <all>