II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COASTAL Implemen5 tation Act of 2019’’. 

6 SEC. 2. NAMED STORM EVENT MODEL AND POST-STORM 

7 ASSESSMENTS. 

8 (a) AMENDMENTS TO THE OMNIBUS PUBLIC LAND

9 MANAGEMENT ACT OF 2009.—Section 12312 of the OmVerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S810.IS S810

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1 nibus Public Land Management Act of 2009 (33 U.S.C. 

2 3611) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (2), by striking the pe5 riod at the end and inserting the following: ‘‘, 

6 except that the term shall not apply with re7 spect to a State or territory that has an oper8 ational wind and flood loss allocation system.’’; 

9 (B) in paragraph (6), by inserting ‘‘sus10 tained’’ before ‘‘winds’’; and 

11 (C) in paragraph (7), by striking ‘‘that 

12 threaten any portion of a coastal State’’ and in13 serting ‘‘for which post-storm assessments are 

14 conducted’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘540 days after 

19 the date of the enactment of the Con20 sumer Option for an Alternative Sys21 tem to Allocate Losses Act of 2012’’ 

22 and inserting ‘‘December 31, 2019’’; 

23 and 

24 (II) by striking ‘‘by regulation’’; 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘every’’ and inserting ‘‘an’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(C) PUBLIC REVIEW.—The Administrator 

6 shall seek input and suggestions from the public 

7 before the Named Storm Event Model, or any 

8 modification to the Named Storm Event Model, 

9 takes effect.’’; and 

10 (B) in paragraph (2)— 

11 (i) by redesignating subparagraphs 

12 (B) and (C) as subparagraphs (D) and 

13 (E), respectively; 

14 (ii) by inserting after subparagraph 

15 (A) the following: 

16 ‘‘(B) DATA COLLECTION.— 

17 ‘‘(i) IN GENERAL.—Upon identifica18 tion of a named storm under subparagraph 

19 (A), and pursuant to the protocol estab20 lished under subsection (c), the Adminis21 trator may deploy sensors to enhance the 

22 collection of covered data in the areas in 

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1 encing geophysical events that would cause 

2 indeterminate losses. 

3 ‘‘(ii) RULE OF CONSTRUCTION.—If 

4 the Administrator takes action under 

5 clause (i), that action may not be con6 strued as indicating that a post-storm as7 sessment will be developed for any coastal 

8 State in which that action is taken. 

9 ‘‘(C) IDENTIFICATION OF INDETERMINATE

10 LOSSES IN COASTAL STATES.—Not later than 

11 30 days after the first date on which sustained 

12 winds of not less than 39 miles per hour are 

13 measured in a coastal State during a named 

14 storm identified under subparagraph (A), the 

15 Secretary of Homeland Security shall notify the 

16 Administrator with respect to the existence of 

17 any indeterminate losses in that coastal State 

18 resulting from that named storm.’’; 

19 (iii) in subparagraph (D), as so redes20 ignated— 

21 (I) by striking ‘‘identification of 

22 a named storm under subparagraph 

23 (A)’’ and inserting ‘‘confirmation of 

24 indeterminate losses identified under 


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1 subparagraph (C) with respect to a 

2 named storm’’; and 

3 (II) by striking ‘‘assessment for 

4 such named storm’’ and inserting ‘‘as5 sessment for each coastal State that 

6 suffered such indeterminate losses as 

7 a result of the named storm’’; 

8 (iv) in subparagraph (E), as so redes9 ignated— 

10 (I) by striking ‘‘an identification 

11 of a named storm is made under sub12 paragraph (A)’’ and inserting ‘‘any in13 determinate losses are identified 

14 under subparagraph (C)’’; and 

15 (II) by striking ‘‘for such storm 

16 under subparagraph (B)’’ and insert17 ing ‘‘under subparagraph (D) for any 

18 coastal State that suffered such inde19 terminate losses’’; and 

20 (v) by adding at the end the following: 

21 ‘‘(F) SEPARATE POST-STORM ASSESS22 MENTS FOR A SINGLE NAMED STORM.— 

23 ‘‘(i) IN GENERAL.—The Administrator 

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1 terminate losses are identified under sub2 paragraph (C). 

3 ‘‘(ii) TIMELINE.—If the Administrator 

4 conducts a separate post-storm assessment 

5 under clause (i), the Administrator shall 

6 complete the assessment based on the 

7 dates of actions that the Administrator 

8 takes under subparagraphs (C) and (D).’’; 

9 and 

10 (3) in subsection (c)— 

11 (A) in paragraph (1), by striking ‘‘540 

12 days after the date of the enactment of the 

13 Consumer Option for an Alternative System to 

14 Allocate Losses Act of 2012’’ and inserting 

15 ‘‘December 31, 2019’’; 

16 (B) in paragraph (2), by inserting ‘‘, in the 

17 discretion of the Administrator,’’ after ‘‘of sen18 sors as may’’; and 

19 (C) in paragraph (4)(B), by inserting ‘‘and 

20 expend’’ after ‘‘receive’’. 

21 (b) AMENDMENTS TO THE NATIONAL FLOOD INSUR22 ANCE ACT OF 1968.—Section 1337 of the National Flood 

23 Insurance Act of 1968 (42 U.S.C. 4057) is amended— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (3), by striking the pe2 riod at the end and inserting the following: ‘‘, 

3 except that the term shall not apply with re4 spect to a State or territory that has an oper5 ational wind and flood loss allocation system.’’; 

6 and 

7 (B) in paragraph (5), by inserting ‘‘sus8 tained’’ after ‘‘maximum’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (1), by striking ‘‘estab11 lish by rule’’ and inserting ‘‘publish for com12 ment in the Federal Register’’; and 

13 (B) in paragraph (2)(B), by inserting after 

14 ‘‘Elevation Certificate’’ the following: ‘‘, or 

15 other data or information used to determine a 

16 property’s current risk of flood, as determined 

17 by the Administrator,’’; 

18 (3) in subsection (c)(3)(A)(i), by striking ‘‘the 

19 issuance of the rule establishing the COASTAL For20 mula’’ and inserting ‘‘publication of the COASTAL 

21 Formula in the Federal Register as required by sub22 section (b)(1)’’; 

23 (4) in subsection (h)— 


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1 (A) by inserting ‘‘that issues a standard 

2 flood insurance policy under the national flood 

3 insurance program’’ after ‘‘company’’; and 

4 (B) by striking ‘‘or the COASTAL For5 mula’’ and inserting ‘‘, the COASTAL For6 mula, or any other loss allocation or post-storm 

7 assessment arising under the laws or ordinances 

8 of any State’’; 

9 (5) in subsection (i), by striking ‘‘after the date 

10 on which the Administrator issues the rule estab11 lishing the COASTAL Formula under subsection 

12 (b)’’ and inserting ‘‘60 days after publication of the 

13 COASTAL Formula in the Federal Register as re14 quired by subsection (b)(1)’’; and 

15 (6) by adding at the end the following: 

16 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to create a cause of action under 

18 this Act.’’. 

Æ 


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