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