II 

115TH CONGRESS 

1ST SESSION S. 2093 

To amend the Omnibus Public Land Management Act of 2009 to clarify 

the authority of the Administrator of the Federal Emergency Management Agency with respect to post-storm assessments, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 7, 2017 

Mr. WICKER introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Omnibus Public Land Management Act of 

2009 to clarify the authority of the Administrator of 

the Federal Emergency Management Agency 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 2017’’. 


SSpencer on DSKBBV9HB2PROD with BILLS
2 

•S 2093 IS

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

2 ASSESSMENTS. 

3 (a) AMENDMENTS TO THE OMNIBUS PUBLIC LAND

4 MANAGEMENT ACT OF 2009.—Section 12312 of the Om5 nibus Public Land Management Act of 2009 (33 U.S.C. 

6 3611) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (6), by inserting ‘‘sus9 tained’’ before ‘‘winds’’; and 

10 (B) in paragraph (7), by striking ‘‘that 

11 threaten any portion of a coastal State’’ and in12 serting ‘‘for which post-storm assessments are 

13 conducted’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (1)— 

16 (i) in subparagraph (A)— 

17 (I) by striking ‘‘540 days after 

18 the date of the enactment of the Con19 sumer Option for an Alternative Sys20 tem to Allocate Losses Act of 2012’’ 

21 and inserting ‘‘June 1, 2019’’; and 

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

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

24 ‘‘every’’ and inserting ‘‘an’’; and 

25 (iii) by adding at the end the fol26 lowing: 


SSpencer on DSKBBV9HB2PROD with BILLS
3 

•S 2093 IS

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

2 shall seek input and suggestions from the public 

3 before the Named Storm Event Model, or any 

4 modification to the Named Storm Event Model, 

5 takes effect.’’; 

6 (B) in paragraph (2)— 

7 (i) by redesignating subparagraphs 

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

9 (E), respectively; 

10 (ii) by inserting after subparagraph 

11 (A) the following: 

12 ‘‘(B) DATA COLLECTION.— 

13 ‘‘(i) IN GENERAL.—Upon identifica14 tion of a named storm under subparagraph 

15 (A), and pursuant to the protocol estab16 lished under subsection (c), the Adminis17 trator may deploy sensors to enhance the 

18 collection of covered data in the areas in 

19 coastal States that the Administrator de20 termines are at the highest risk of experi21 encing geophysical events that would cause 

22 indeterminate losses. 

23 ‘‘(ii) RULE OF CONSTRUCTION.—If 

24 the Administrator takes action under 

25 clause (i), that action may not be conVerDate Sep 11 2014 04:30 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2093.IS S2093

SSpencer on DSKBBV9HB2PROD with BILLS
4 

•S 2093 IS

1 strued as indicating that a post-storm as2 sessment will be developed for any coastal 

3 State in which that action is taken. 

4 ‘‘(C) IDENTIFICATION OF INDETERMINATE

5 LOSSES IN COASTAL STATES.—Not later than 

6 30 days after the first date on which sustained 

7 winds of not less than 39 miles per hour are 

8 measured in a coastal State during a named 

9 storm identified under subparagraph (A), the 

10 Secretary of Homeland Security shall notify the 

11 Administrator with respect to the existence of 

12 any indeterminate losses in that coastal State 

13 resulting from that named storm.’’; 

14 (iii) in subparagraph (D), as so redes15 ignated— 

16 (I) by striking ‘‘identification of 

17 a named storm under subparagraph 

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

19 indeterminate losses identified under 

20 subparagraph (C) with respect to a 

21 named storm’’; and 

22 (II) by striking ‘‘assessment for 

23 such named storm’’ and inserting ‘‘as24 sessment for each coastal State that 


SSpencer on DSKBBV9HB2PROD with BILLS
5 

•S 2093 IS

1 suffered such indeterminate losses as 

2 a result of the named storm’’; 

3 (iv) in subparagraph (E), as so redes4 ignated— 

5 (I) by striking ‘‘an identification 

6 of a named storm is made under sub7 paragraph (A)’’ and inserting ‘‘inde8 terminate losses are identified under 

9 subparagraph (C)’’; and 

10 (II) by striking ‘‘for such storm 

11 under subparagraph (B)’’ and insert12 ing ‘‘under subparagraph (D), any 

13 coastal State that suffered such 

14 losses’’; and 

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

16 ‘‘(F) SEPARATE POST-STORM ASSESS17 MENTS FOR A SINGLE NAMED STORM.— 

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

19 may conduct a separate post-storm assess20 ment for each coastal State in which inde21 terminate losses are identified under sub22 paragraph (C). 

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

24 conducts a separate post-storm assessment 

25 under clause (i), the Administrator shall 


SSpencer on DSKBBV9HB2PROD with BILLS
6 

•S 2093 IS

1 complete the assessment based on the 

2 dates of actions that the Administrator 

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

4 and 

5 (3) in subsection (c)— 

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

7 days after the date of the enactment of the 

8 Consumer Option for an Alternative System to 

9 Allocate Losses Act of 2012’’ and inserting 

10 ‘‘June 1, 2019’’; 

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

12 discretion of the Administrator,’’ after ‘‘of sen13 sors as may’’; and 

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

15 expend’’ after ‘‘receive’’. 

16 (b) AMENDMENT TO THE NATIONAL FLOOD INSUR17 ANCE ACT OF 1968.—Section 1337(a)(5) of the National 

18 Flood Insurance Act of 1968 (42 U.S.C. 4057(a)(5)) is 

19 amended by inserting ‘‘sustained’’ after ‘‘maximum’’. 

Æ 


SSpencer on DSKBBV9HB2PROD with BILLS