[Congressional Record Volume 164, Number 63 (Wednesday, April 18, 2018)]
[Senate]
[Pages S2263-S2264]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Rubio, and Ms. Duckworth):
  S. 2701. 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; to the Committee on Banking, Housing, and Urban Affairs.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2701

       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 2018''.

     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 innundation, 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 governmental, 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.

[[Page S2264]]

       (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.--3 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 such units, each of which has a population 
     that is 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 that is more than 50,000 individuals but 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 2019; and
       (2) $4,300,000 for fiscal year 2020, to remain available 
     through 2022.
                                 ______