[Congressional Record Volume 165, Number 24 (Thursday, February 7, 2019)]
[Senate]
[Pages S1145-S1146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 166. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 111 proposed by Ms. Murkowski (for herself and Mr.
Manchin) to the bill S. 47, to provide for the management of the
natural resources of the United States, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title IX, add the following:
SEC. 9010. 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:
[[Page S1146]]
``(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.''.
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