II 

Calendar No. 637 

115TH CONGRESS 

2D SESSION S. 2242 

[Report No. 115–347] 

To amend the Omnibus Public Land Management Act of 2009 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 

DECEMBER 18, 2017 

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

to the Committee on Commerce, Science, and Transportation 

NOVEMBER 13, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Omnibus Public Land Management Act of 

2009 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘COASTAL Implemen3 tation Act of 2017’’. 

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

5 ASSESSMENTS. 

6 (a) AMENDMENTS TO THE OMNIBUS PUBLIC LAND

7 MANAGEMENT ACT OF 2009.—Section 12312 of the Om8 nibus Public Land Management Act of 2009 (33 U.S.C. 

9 3611) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (6), by inserting ‘‘sus12 tained’’ before ‘‘winds’’; and 

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

14 threaten any portion of a coastal State’’ and in15 serting ‘‘for which post-storm assessments are 

16 conducted’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1)— 

19 (i) in subparagraph (A)— 

20 (I) by striking ‘‘540 days after 

21 the date of the enactment of the Con22 sumer Option for an Alternative Sys23 tem to Allocate Losses Act of 2012’’ 

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

25 (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 

23 coastal States that the Administrator de24 termines are at the highest risk of experiVerDate Sep 11 2014 21:56 Nov 13, 2018 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2242.RS S2242

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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 

18 any coastal State that suffered such 

19 indeterminate 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 

24 may conduct a separate post-storm assess25 ment for each coastal State in which indeVerDate Sep 11 2014 21:56 Nov 13, 2018 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2242.RS S2242

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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 ‘‘June 1, 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) AMENDMENT TO THE NATIONAL FLOOD INSUR22 ANCE ACT OF 1968.—Section 1337(a)(5) of the National 

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

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘COASTAL Implementa3 tion Act of 2018’’. 

4 SEC. 2. NAMED STORM EVENT MODEL AND POST-STORM AS5 SESSMENTS. 

6 (a) AMENDMENTS TO THE OMNIBUS PUBLIC LAND

7 MANAGEMENT ACT OF 2009.—Section 12312 of the Omni8 bus Public Land Management Act of 2009 (33 U.S.C. 3611) 

9 is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (2), by striking the period 

12 at the end and inserting the following: ‘‘, except 

13 that the term shall not apply with respect to a 

14 State or territory that has an operational wind 

15 and flood loss allocation system.’’; 

16 (B) in paragraph (6), by inserting ‘‘sus17 tained’’ before ‘‘winds’’; and 

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

19 threaten any portion of a coastal State’’ and in20 serting ‘‘for which post-storm assessments are 

21 conducted’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A)— 

25 (I) by striking ‘‘540 days after the 

26 date of the enactment of the Consumer 


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1 Option for an Alternative System to 

2 Allocate Losses Act of 2012’’ and in3 serting ‘‘December 31, 2019’’; and 

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

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

6 ‘‘every’’ and inserting ‘‘an’’; and 

7 (iii) by adding at the end the fol8 lowing: 

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

10 shall seek input and suggestions from the public 

11 before the Named Storm Event Model, or any 

12 modification to the Named Storm Event Model, 

13 takes effect.’’; and 

14 (B) in paragraph (2)— 

15 (i) by redesignating subparagraphs (B) 

16 and (C) as subparagraphs (D) and (E), re17 spectively; 

18 (ii) by inserting after subparagraph 

19 (A) the following: 

20 ‘‘(B) DATA COLLECTION.— 

21 ‘‘(i) IN GENERAL.—Upon identifica22 tion of a named storm under subparagraph 

23 (A), and pursuant to the protocol estab24 lished under subsection (c), the Adminis25 trator may deploy sensors to enhance the 


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1 collection of covered data in the areas in 

2 coastal States that the Administrator deter3 mines are at the highest risk of experiencing 

4 geophysical events that would cause indeter5 minate losses. 

6 ‘‘(ii) RULE OF CONSTRUCTION.—If the 

7 Administrator takes action under clause (i), 

8 that action may not be construed as indi9 cating that a post-storm assessment will be 

10 developed for any coastal State in which 

11 that action is taken. 

12 ‘‘(C) IDENTIFICATION OF INDETERMINATE

13 LOSSES IN COASTAL STATES.—Not later than 30 

14 days after the first date on which sustained 

15 winds of not less than 39 miles per hour are 

16 measured in a coastal State during a named 

17 storm identified under subparagraph (A), the 

18 Secretary of Homeland Security shall notify the 

19 Administrator with respect to the existence of 

20 any indeterminate losses in that coastal State re21 sulting from that named storm.’’; 

22 (iii) in subparagraph (D), as so redes23 ignated— 

24 (I) by striking ‘‘identification of a 

25 named storm under subparagraph (A)’’ 


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1 and inserting ‘‘confirmation of indeter2 minate losses identified under subpara3 graph (C) with respect to a named 

4 storm’’; and 

5 (II) by striking ‘‘assessment for 

6 such named storm’’ and inserting ‘‘as7 sessment for each coastal State that 

8 suffered such indeterminate losses as a 

9 result of the named storm’’; 

10 (iv) in subparagraph (E), as so redes11 ignated— 

12 (I) by striking ‘‘an identification 

13 of a named storm is made under sub14 paragraph (A)’’ and inserting ‘‘any 

15 indeterminate losses are identified 

16 under subparagraph (C)’’; and 

17 (II) by striking ‘‘for such storm 

18 under subparagraph (B)’’ and insert19 ing ‘‘under subparagraph (D) for any 

20 coastal State that suffered such indeter21 minate losses’’; and 

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

23 ‘‘(F) SEPARATE POST-STORM ASSESSMENTS

24 FOR A SINGLE NAMED STORM.— 


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

2 may conduct a separate post-storm assess3 ment for each coastal State in which inde4 terminate losses are identified under sub5 paragraph (C). 

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

7 conducts a separate post-storm assessment 

8 under clause (i), the Administrator shall 

9 complete the assessment based on the dates 

10 of actions that the Administrator takes 

11 under subparagraphs (C) and (D).’’; and 

12 (3) in subsection (c)— 

13 (A) in paragraph (1), by striking ‘‘540 days 

14 after the date of the enactment of the Consumer 

15 Option for an Alternative System to Allocate 

16 Losses Act of 2012’’ and inserting ‘‘December 31, 

17 2019’’; 

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

19 discretion of the Administrator,’’ after ‘‘of sen20 sors as may’’; and 

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

22 expend’’ after ‘‘receive’’. 

23 (b) AMENDMENTS TO THE NATIONAL FLOOD INSUR24 ANCE ACT OF 1968.—Section 1337 of the National Flood 

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


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1 (1) in subsection (a)— 

2 (A) in paragraph (3), by striking the period 

3 at the end and inserting the following: ‘‘, except 

4 that the term shall not apply with respect to a 

5 State or territory that has an operational wind 

6 and flood loss allocation system.’’; and 

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

9 (2) in subsection (h)— 

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

11 flood insurance policy under the national flood 

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

13 (B) by striking ‘‘or the COASTAL For14 mula’’ and inserting ‘‘, the COASTAL Formula, 

15 or any other loss allocation or post-storm assess16 ment arising under the laws or ordinances of 

17 any State’’. 


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pamtmann on DSKBFK8HB2PROD with BILLS
Calendar No. 637 

115TH CONGRESS 

2D SESSION S. 2242 

[Report No. 115–347] 

A BILL 

To amend the Omnibus Public Land Management 

assessments, and for other purposes. pheric Administration with respect to post-storm ministrator of the National Oceanic and AtmosAct of 2009 to clarify the authority of the AdNOVEMBER 13, 2018 

Reported with an amendment 


pamtmann on DSKBFK8HB2PROD with BILLS