Collapse to view only § 3611. Assessing and modeling named storms over coastal States

§ 3601.
Purposes
The purposes of this chapter are—
(1)
to establish and sustain a national integrated System of ocean, coastal, and Great Lakes observing systems, comprised of Federal and non-Federal components coordinated at the national level by the Council and at the regional level by a network of regional coastal observing systems, and that includes in situ, remote, and other coastal and ocean observation and modeling capabilities, technologies, data management systems, communication systems, and product development systems, and is designed to address regional and national needs for ocean and coastal information, to gather specific data on key ocean, coastal, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of these data—
(A) to the public;
(B) to support national defense, search and rescue operations, marine commerce, navigation safety, weather, climate, and marine forecasting, energy siting and production, economic development, ecosystem-based marine, coastal, and Great Lakes resource management, public safety, and public outreach and education;
(C) to promote greater public awareness and stewardship of the Nation’s ocean, coastal, and Great Lakes resources and the general public welfare;
(D) to provide easy access to ocean, coastal, and Great Lakes data and promote data sharing between Federal and non-Federal sources and promote public data sharing;
(E) to enable advances in scientific understanding to support the sustainable use, conservation, management, and understanding of healthy ocean, coastal, and Great Lakes resources to ensure the Nation can respond to opportunities to enhance food, economic, and national security; and
(F) to monitor and model changes in the oceans and Great Lakes, including with respect to chemistry, harmful algal blooms, hypoxia, water levels, and other phenomena;
(2) to improve the Nation’s capability to measure, track, observe, understand, and predict events related directly and indirectly to weather and climate, natural climate variability, and interactions between the oceanic and atmospheric environments, including the Great Lakes;
(3) to sustain, upgrade, and modernize the Nation’s ocean and Great Lakes observing infrastructure to detect changes and ensure delivery of reliable and timely information; and
(4)
to authorize activities—
(A) to promote basic and applied research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies, including advanced observing technologies such as unmanned maritime systems needed to address critical data gaps, modeling systems, other scientific and technological capabilities to improve the understanding of weather and climate, ocean-atmosphere dynamics, global climate change, and the physical, chemical, and biological dynamics of the ocean, coastal, and Great Lakes environments; and
(B) to conserve healthy and restore degraded coastal ecosystems.
(Pub. L. 111–11, title XII, § 12302, Mar. 30, 2009, 123 Stat. 1427; Pub. L. 116–271, title I, § 101, Dec. 31, 2020, 134 Stat. 3331.)
§ 3602.
Definitions
In this chapter:
(1)
Administrator

The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as Administrator of the National Oceanic and Atmospheric Administration.

(2)
Council

The term “Council” means the National Ocean Research Leadership Council established by section 8932 of title 10.

(3)
Federal assets

The term “Federal assets” means all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, data management, basic and applied technology research and development, and public education and outreach programs, that are managed by member agencies of the Council.

(4)
Interagency Ocean Observation Committee

The term “Interagency Ocean Observation Committee” means the committee established under section 3603(c)(2) of this title.

(5)
Non-Federal assets

The term “non-Federal assets” means all relevant coastal and ocean observation technologies, related basic and applied technology research and development, and public education and outreach programs that are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector and integrated into the System by a regional coastal observing system, the National Oceanic and Atmospheric Administration, or the agencies participating in the Interagency Ocean Observation Committee.

(6)
Regional coastal observing system

The term “regional coastal observing system” means an organizational body that is certified or established by contract or memorandum by the lead Federal agency designated in section 3603(c)(3) of this title and coordinates State, Federal, local, tribal, and private interests at a regional level with the responsibility of engaging the private and public sectors in designing, operating, and improving regional coastal observing systems in order to ensure the provision of data and information that meet the needs of user groups from the respective regions.

(7)
Secretary

The term “Secretary” means the Secretary of Commerce, acting through the Administrator.

(8)
System

The term “System” means the National Integrated Coastal and Ocean Observation System established under section 3603 of this title.

(9)
System Plan

The term “System Plan” means the plan contained in the document entitled “Ocean. US Publication No. 9, The First Integrated Ocean Observing System (IOOS) Development Plan”, as updated by the Council under this chapter.

(Pub. L. 111–11, title XII, § 12303, Mar. 30, 2009, 123 Stat. 1428; Pub. L. 116–271, title I, § 102, Dec. 31, 2020, 134 Stat. 3333.)
§ 3603.
Integrated Coastal and Ocean Observing System
(a)
Establishment

The President, acting through the Council, shall establish a National Integrated Coastal and Ocean Observation System to fulfill the purposes set forth in section 3601 of this title and the System Plan and to fulfill the Nation’s international obligations to contribute to the Global Earth Observation System of Systems and the Global Ocean Observing System.

(b)
System elements
(1)
In general
In order to fulfill the purposes of this chapter, the System shall be national in scope and consist of—
(A) Federal assets to fulfill national and international observation missions and priorities;
(B) non-Federal assets, including a network of regional coastal observing systems identified under subsection (c)(4), to fulfill regional and national observation missions and priorities;
(C) observing, modeling, data management, and communication systems for the timely integration and dissemination of data and information products from the System, including reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet national ocean, coastal, and Great Lakes observation, applied research, and weather forecasting needs;
(D) a product development system to transform observations into products in a format that may be readily used and understood; and
(E)
a research and development program conducted under the guidance of the Council, consisting of—
(i)
basic and applied research and technology development—
(I) to improve understanding of coastal and ocean systems and their relationships to human activities; and(II) to ensure improvement of operational assets and products, including related infrastructure, observing technologies such as unmanned maritime systems, and information and data processing and management technologies;
(ii) an advanced observing technology development program to fill gaps in technology;
(iii) large scale computing resources and research to advance modeling of ocean, coastal, and Great Lakes processes;
(iv) models to improve regional weather forecasting capabilities and regional weather forecasting products; and
(v) reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet national ocean, coastal, and Great Lakes observation, applied research, and weather forecasting needs.
(2)
Enhancing administration and management

The head of each Federal agency that has administrative jurisdiction over a Federal asset shall support the purposes of this chapter and may take appropriate actions to enhance internal agency administration and management to better support, integrate, finance, and utilize observation data, products, and services developed under this section to further its own agency mission and responsibilities.

(3)
Availability of data

The head of each Federal agency that has administrative jurisdiction over a Federal asset shall make available data that are produced by that asset and that are not otherwise restricted for integration, management, and dissemination by the System for research and for use in the development of products to address societal needs.

(4)
Non-Federal assets

Non-Federal assets shall be coordinated, as appropriate, by the Interagency Ocean Observing Committee or by regional coastal observing systems.

(c)
Policy oversight, administration, and regional coordination
(1)
Council functions
The Council shall serve as the policy and coordination oversight body for all aspects of the System. In carrying out its responsibilities under this chapter, the Council shall—
(A) approve and adopt comprehensive System budgets developed and maintained by the Interagency Ocean Observation Committee to support System operations, including operations of both Federal and non-Federal assets;
(B) ensure coordination of the System with other domestic and international earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems, and provide, as appropriate, support for and representation on United States delegations to international meetings on coastal and ocean observing programs; and
(C) encourage coordinated intramural and extramural research and technology development, and a process to transition developing technology and methods into operations of the System.
(2)
Interagency Ocean Observation Committee
(A)
Establishment

The Council shall establish or designate a committee, which shall be known as the “Interagency Ocean Observation Committee”.

(B)
Duties
The Interagency Ocean Observation Committee shall—
(i) prepare annual and long-term plans for consideration and approval by the Council for the integrated design, operation, maintenance, enhancement, and expansion of the System to meet the objectives of this chapter and the System Plan;
(ii)
develop and transmit to Congress, along with the budget submitted by the President to Congress pursuant to section 1105(a) of title 31, an annual coordinated, comprehensive budget—
(I) to operate all elements of the System identified in subsection (b); and(II) to ensure continuity of data streams from Federal and non-Federal assets;
(iii) establish requirements for observation data variables to be gathered by both Federal and non-Federal assets and identify, in consultation with regional coastal observing systems, priorities for System observations;
(iv) establish and define protocols and standards for System data processing, management, collection, configuration standards, formats, and communication for new and existing assets throughout the System network;
(v)
develop contract requirements for each regional coastal observing system—
(I) to establish eligibility for integration into the System;(II) to ensure compliance with all applicable standards and protocols established by the Council; and(III) to ensure that regional observations are integrated into the System on a sustained basis;
(vi) identify gaps in observation coverage or needs for capital improvements of both Federal assets and non-Federal assets;
(vii)
subject to the availability of appropriations, establish through 1 or more Federal agencies participating in the Interagency Ocean Observation Committee, in consultation with the System advisory committee established under subsection (d), a competitive matching grant or other programs—
(I) to promote intramural and extramural research and development of new, innovative, and emerging observation technologies including testing and field trials; and(II) to facilitate the migration of new, innovative, and emerging scientific and technological advances from research and development to operational deployment;
(viii)
periodically—
(I) review the System Plan; and(II) submit to the Council such recommendations as the Interagency Ocean Observation Committee may have for improvements to the System Plan;
(ix) ensure collaboration among Federal agencies participating in the Interagency Ocean Observation Committee; and
(x) perform such additional duties as the Council may delegate.
(3)
Lead Federal agency
(A)
In general

The National Oceanic and Atmospheric Administration shall function as the lead Federal agency for the implementation and administration of the System.

(B)
Consultation required

In carrying out this paragraph, the Administrator shall consult with the Council, the Interagency Ocean Observation Committee, other Federal agencies that maintain portions of the System, and the regional coastal observing systems.

(C)
Requirements
In carrying out this paragraph, the Administrator shall—
(i)
establish and operate an Integrated Ocean Observing System Program Office within the National Oceanic and Atmospheric Administration that—
(I) utilizes, to the extent necessary, personnel from Federal agencies participating in the Interagency Ocean Observation Committee; and(II) oversees daily operations and coordination of the System;
(ii) implement policies, protocols, and standards approved by the Council and delegated by the Interagency Ocean Observation Committee;
(iii)
promulgate program guidelines—
(I) to certify and integrate regional associations into the System; and(II) to provide regional coastal and ocean observation data that meet the needs of user groups from the respective regions;
(iv) have the authority to enter into and oversee contracts, leases, grants, or cooperative agreements with non-Federal assets, including regional coastal observing systems, to support the purposes of this chapter on such terms as the Administrator deems appropriate;
(v) implement and maintain a merit-based, competitive funding process to support non-Federal assets, including the development and maintenance of a national network of regional coastal observing systems, and develop and implement a process for the periodic review and evaluation of the regional associations;
(vi) provide opportunities for competitive contracts and grants for demonstration projects to design, develop, integrate, deploy, maintain, and support components of the System;
(vii) establish and maintain efficient and effective administrative procedures for the timely allocation of funds among contractors, grantees, and non-Federal assets, including regional coastal observing systems;
(viii) develop and implement a process for the periodic review and evaluation of the regional coastal observing systems;
(ix)
formulate an annual process by which gaps in observation coverage or needs for capital improvements of Federal assets and non-Federal assets of the System are—
(I) identified by the regional associations described in the System Plan, the Administrator, or other members of the System; and(II) submitted to the Interagency Ocean Observation Committee;
(x) develop and be responsible for a data management and communication system, in accordance with standards and protocols established by the Interagency Ocean Observation Committee, by which all data collected by the System regarding ocean and coastal waters of the United States including the Great Lakes, are processed, stored, integrated, and made available to all end-user communities;
(xi) not less frequently than once each year, submit to the Interagency Ocean Observation Committee a report on the accomplishments, operational needs, and performance of the System to contribute to the annual and long-term plans prepared pursuant to paragraph (2)(B)(i);
(xii) develop and periodically update a plan to efficiently integrate into the System new, innovative, or emerging technologies that have been demonstrated to be useful to the System and which will fulfill the purposes of this chapter and the System Plan; and
(xiii) work with users and regional associations to develop products to enable real-time data sharing for decision makers, including with respect to weather forecasting and modeling, search and rescue operations, corrosive seawater forecasts, water quality monitoring and communication, and harmful algal bloom forecasting.
(4)
Regional coastal observing systems
(A)
In general
A regional coastal observing system described in the System Plan as a regional association may not be certified or established under this chapter unless it—
(i) has been or shall be certified or established by contract or agreement by the Administrator;
(ii)
meets—
(I) the certification standards and compliance procedure guidelines issued by the Administrator; and(II) the information needs of user groups in the region while adhering to national standards;
(iii)
demonstrates an organizational structure, that under funding limitations is capable of—
(I) gathering required System observation data;(II) supporting and integrating all aspects of coastal and ocean observing and information programs within a region; and(III) reflecting the needs of State, local, and tribal governments, commercial interests, and other users and beneficiaries of the System and other requirements specified under this chapter and the System Plan;
(iv)
identifies—
(I) gaps in observation coverage needs for capital improvements of Federal assets and non-Federal assets of the System; and(II) other recommendations to assist in the development of the annual and long-term plans prepared pursuant to paragraph (2)(B)(i) and transmits such information to the Interagency Ocean Observation Committee through the Program Office established under paragraph (3)(C)(i);
(v) develops and operates under a strategic plan that will ensure the efficient and effective administration of programs and assets to support daily data observations for integration into the System, pursuant to the standards approved by the Council;
(vi) works cooperatively with governmental and nongovernmental entities at all levels to identify and provide information products of the System for multiple users within the service area of the regional coastal observing system; and
(vii) complies with all financial oversight requirements established by the Administrator, including requirements relating to audits.
(B)
Participation

For the purposes of this chapter, employees of Federal agencies are permitted to be members of the governing body for the regional coastal observing systems and may participate in the functions of the regional coastal observing systems.

(d)
System advisory committee
(1)
In general

The Administrator shall establish or designate a System advisory committee, which shall provide advice as may be requested by the Administrator or the Council under this chapter.

(2)
Purpose
The purpose of the System advisory committee is to advise the Administrator and the Interagency Ocean Observing Committee on—
(A) administration, operation, management, and maintenance of the System, including integration of Federal and non-Federal assets and data management, data sharing, and communication aspects of the System, and fulfillment of the purposes set forth in section 3601 of this title;
(B) expansion and periodic modernization and upgrade of technology components of the System;
(C) identification of end-user communities, their needs for information provided by the System, and the System’s effectiveness in disseminating information to end-user communities and the general public;
(D)
additional priorities, including—
(i)
a national surface current mapping network designed to improve fine scale sea surface mapping using high frequency radar technology and other emerging technologies to address national priorities, including Coast Guard search and rescue operation planning and harmful algal bloom forecasting and detection that—
(I) is comprised of existing high frequency radar and other sea surface current mapping infrastructure operated by national programs and regional coastal observing systems;(II) incorporates new high frequency radar assets or other fine scale sea surface mapping technology assets, and other assets needed to fill gaps in coverage on United States coastlines; and(III) follows a deployment plan that prioritizes closing gaps in high frequency radar infrastructure in the United States, starting with areas demonstrating significant sea surface current data needs, especially in areas where additional data will improve Coast Guard search and rescue models;
(ii) fleet acquisition for unmanned maritime systems for deployment and data integration to fulfill the purposes of this chapter;
(iii) an integrative survey program for application of unmanned maritime systems to the real-time or near real-time collection and transmission of sea floor, water column, and sea surface data on biology, chemistry, geology, physics, and hydrography;
(iv) remote sensing and data assimilation to develop new analytical methodologies to assimilate data from the System into hydrodynamic models;
(v) integrated, multi-State monitoring to assess sources, movement, and fate of sediments in coastal regions;
(vi)
a multi-region marine sound monitoring system to be—
(I) planned in consultation with the Interagency Ocean Observation Committee, the National Oceanic and Atmospheric Administration, the Department of the Navy, and academic research institutions; and(II) developed, installed, and operated in coordination with the National Oceanic and Atmospheric Administration, the Department of the Navy, and academic research institutions; and
(E) any other purpose identified by the Administrator or the Council.
(3)
Members
(A)
In general

The System advisory committee shall be composed of members appointed by the Administrator. Members shall be qualified by education, training, and experience to evaluate scientific and technical information related to the design, operation, maintenance, or use of the System, or use of data products provided through the System.

(B)
Terms of service

The Administrator may stagger the terms of the System advisory committee members. Members shall be appointed for 3-year terms, renewable once. A vacancy appointment shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than 1 year.

(C)
Chairperson

The Administrator shall designate a chairperson from among the members of the System advisory committee.

(D)
Appointment

Members of the System advisory committee shall be appointed as special Government employees for purposes of section 202(a) of title 18.

(4)
Administrative provisions
(A)
Reporting

The System advisory committee shall report to the Administrator, as appropriate.

(B)
Administrative support

The Administrator shall provide administrative support to the System advisory committee.

(C)
Meetings

The System advisory committee shall meet at least once each year, and at other times at the call of the Administrator, the Interagency Ocean Observation Committee, or the chairperson.

(D)
Compensation and expenses

Members of the System advisory committee shall not be compensated for service on that Committee, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5.

(E)
Expiration

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the System advisory committee.

(e)
Civil liability

For purposes of determining liability arising from the dissemination and use of observation data gathered pursuant to this section, any non-Federal asset or regional coastal observing system incorporated into the System by a memorandum of agreement of certification under subsection (c)(3)(C)(iii) that is participating in the System shall be considered to be part of the National Oceanic and Atmospheric Administration. Any employee of such a non-Federal asset or regional coastal observing system, while operating within the scope of his or her employment in carrying out the purposes of this chapter, with respect to tort liability, is deemed to be an employee of the Federal Government.

(f)
Limitation

Nothing in this chapter shall be construed to invalidate existing certifications, contracts, or agreements between regional coastal observing systems and other elements of the System.

(Pub. L. 111–11, title XII, § 12304, Mar. 30, 2009, 123 Stat. 1429; Pub. L. 116–271, title I, § 103, Dec. 31, 2020, 134 Stat. 3333.)
§ 3604.
Interagency financing and agreements
(a)
In general

The Secretary of Commerce may execute an agreement, on a reimbursable or nonreimbursable basis, with any State or subdivision thereof, any Federal agency, any public or private organization, or any individual to carry out activities under this chapter.

(b)
Reciprocity

Member Departments and agencies of the Council shall have the authority to create, support, and maintain joint centers, and to enter into and perform such contracts, leases, grants, and cooperative agreements as may be necessary to carry out the purposes of this chapter and fulfillment of the System Plan.

(Pub. L. 111–11, title XII, § 12305, Mar. 30, 2009, 123 Stat. 1434; Pub. L. 116–271, title I, § 104, Dec. 31, 2020, 134 Stat. 3339.)
§ 3605.
Application with other laws

Nothing in this chapter supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws.

(Pub. L. 111–11, title XII, § 12306, Mar. 30, 2009, 123 Stat. 1435.)
§ 3606.
Report to Congress
(a)
Requirement

Not later than March 30, 2022, and every 5 years thereafter, the Administrator shall prepare, and the President acting through the Council shall approve and transmit to Congress, a report on progress made in implementing this chapter.

(b)
Contents
Each report required under subsection (a) shall include—
(1) a description of activities carried out under this chapter and the System Plan;
(2) an evaluation of the effectiveness of the System, including an evaluation of progress made by the Council to achieve the goals identified under the System Plan;
(3) the identification of Federal and non-Federal assets as determined by the Council that have been integrated into the System, including assets essential to the gathering of required observation data variables necessary to meet the respective missions of Council agencies;
(4) a review of procurements, planned or initiated, by each department or agency represented on the Council to enhance, expand, or modernize the observation capabilities and data products provided by the System, including data management and communication subsystems;
(5)
a summary of the existing gaps in observation infrastructure and monitoring data collection, including—
(A) priorities considered by the System advisory committee;
(B) the national sea surface current mapping network;
(C) coastal buoys;
(D) ocean chemistry monitoring;
(E) marine sound monitoring; and
(F) unmanned maritime systems technology gaps;
(6) an assessment regarding activities to integrate Federal and non-Federal assets, nationally and on the regional level, and discussion of the performance and effectiveness of regional coastal observing systems to coordinate regional observation operations;
(7) a description of benefits of the program to users of data products resulting from the System (including the general public, industries, scientists, resource managers, emergency responders, policy makers, and educators);
(8)
recommendations, if any, concerning—
(A) modifications to the System; and
(B) funding levels for the System in subsequent fiscal years; and
(9) the results of a periodic external independent programmatic audit of the System.
(Pub. L. 111–11, title XII, § 12307, Mar. 30, 2009, 123 Stat. 1435; Pub. L. 116–271, title I, § 105, Dec. 31, 2020, 134 Stat. 3339.)
§ 3607.
Public-private use policy

The Council shall maintain a policy that defines processes for making decisions about the roles of the Federal Government, the States, regional coastal observing systems, the academic community, and the private sector in providing to end-user communities environmental information, products, technologies, and services related to the System. The Administrator shall ensure that the National Oceanic and Atmospheric Administration adheres to the decision making process developed by the Council regarding the roles of the Federal Government, the States, the regional coastal observing systems, the academic community, and the private sector in providing end-user communities environmental information, data products, technologies, and services related to the System.

(Pub. L. 111–11, title XII, § 12308, Mar. 30, 2009, 123 Stat. 1435; Pub. L. 116–271, title I, § 106, Dec. 31, 2020, 134 Stat. 3340.)
§ 3608.
Repealed. Pub. L. 116–271, title I, § 107(a), Dec. 31, 2020, 134 Stat. 3341
§ 3609.
Intent of Congress

It is the intent of Congress that funding provided to agencies of the Council to implement this chapter shall supplement, and not replace, existing sources of funding for other programs. It is the further intent of Congress that agencies of the Council shall not enter into contracts or agreements for the development or procurement of new Federal assets for the System that are estimated to be in excess of $250,000,000 in life-cycle costs without first providing adequate notice to Congress and opportunity for review and comment.

(Pub. L. 111–11, title XII, § 12310, Mar. 30, 2009, 123 Stat. 1436.)
§ 3610.
Authorization of appropriations
There are authorized to be appropriated to the Secretary of Commerce to support the integrated oceans observations under this chapter—
(1) $48,000,000 for fiscal year 2021;
(2) $50,000,000 for fiscal year 2022;
(3) $52,000,000 for fiscal year 2023;
(4) $54,000,000 for fiscal year 2024; and
(5) $56,000,000 for fiscal year 2025.
(Pub. L. 111–11, title XII, § 12311, Mar. 30, 2009, 123 Stat. 1436; Pub. L. 116–271, title I, § 108, Dec. 31, 2020, 134 Stat. 3341.)
§ 3611.
Assessing and modeling named storms over coastal States
(a)
Definitions
In this section:
(1)
COASTAL Formula

The term “COASTAL Formula” has the meaning given the term in section 4057(a) of title 42.

(2)
Coastal State

The term “coastal State” has the meaning given the term “coastal state” in section 1453 of title 16, except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.

(3)
Coastal waters

The term “coastal waters” has the meaning given the term in such section.

(4)
Covered data
The term “covered data” means, with respect to a named storm identified by the Administrator under subsection (b)(2)(A), empirical data that are—
(A) collected before, during, or after such storm; and
(B) necessary to determine magnitude and timing of wind speeds, rainfall, the barometric pressure, river flows, the extent, height, and timing of storm surge, topographic and bathymetric data, and other measures required to accurately model and assess damage from such storm.
(5)
Indeterminate loss

The term “indeterminate loss” has the meaning given the term in section 4057(a) of title 42.

(6)
Named storm

The term “named storm” means any organized weather system with a defined surface circulation and maximum sustained winds of at least 39 miles per hour which the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane.

(7)
Named Storm Event Model

The term “Named Storm Event Model” means the official meteorological and oceanographic computerized model, developed by the Administrator under subsection (b)(1)(A), which utilizes covered data to replicate the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with named storms for which post-storm assessments are conducted.

(8)
Participant

The term “participant” means a Federal, State, or private entity that chooses to cooperate with the Administrator in carrying out the provisions of this section by collecting, contributing, and maintaining covered data.

(9)
Post-storm assessment

The term “post-storm assessment” means a scientific assessment produced and certified by the Administrator to determine the magnitude, timing, and spatial variations of winds, rainfall, and storm surges associated with a specific named storm to be used in the COASTAL Formula.

(10)
State

The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.

(b)
Named Storm Event Model and post-storm assessment
(1)
Establishment of Named Storm Event Model
(A)
In general

Not later than December 31, 2020, the Administrator shall develop the Named Storm Event Model.

(B)
Accuracy

The Named Storm Event Model shall be designed to generate post-storm assessments, as provided in paragraph (2), that have a degree of accuracy of not less than 90 percent for an indeterminate loss for which a post-storm assessment is utilized.

(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.

(2)
Post-storm assessment
(A)
Identification of named storms threatening coastal States

After the establishment of the COASTAL Formula, the Administrator shall, in consultation with the Secretary of Homeland Security, identify named storms that may reasonably constitute a threat to any portion of a coastal State.

(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.

(D)
Post-storm assessment required

Upon confirmation of indeterminate losses identified under subparagraph (C) with respect to a named storm, the Administrator shall develop a post-storm assessment for each coastal State that suffered such indeterminate losses as a result of the named storm using the Named Storm Event Model and covered data collected for such named storm pursuant to the protocol established under subsection (c)(1).

(E)
Submittal of post-storm assessment

Not later than 90 days after any indeterminate losses are identified under subparagraph (C), the Administrator shall submit to the Secretary of Homeland Security the post-storm assessment developed under subparagraph (D) for any coastal State that suffered such indeterminate losses.

(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 subparagraph (D).

(3)
Accuracy

The Administrator shall ensure, to the greatest extent practicable, that each post-storm assessment developed under paragraph (2) has a degree of accuracy of not less than 90 percent.

(4)
Certification
For each post-storm assessment carried out under paragraph (2), the Administrator shall—
(A) certify the degree of accuracy for such assessment, including specific reference to any segments or geographic areas for which the assessment is less than 90 percent accurate; and
(B) report such certification to the Secretary of Homeland Security for the purposes of use with indeterminate loss claims under section 4057 of title 42.
(5)
Finality of determinations

A certification of the degree of accuracy of a post-storm assessment under this subsection by the Administrator shall be final and shall not be subject to judicial review.

(6)
Availability

The Administrator shall make available to the public the Named Storm Event Model and any post-storm assessment developed under this subsection.

(c)
Establishment of a protocol for post-storm assessment
(1)
In general

Not later than December 31, 2020, the Administrator shall establish a protocol, based on the plan submitted under subsection (d)(3), to collect and assemble all covered data required by the Administrator to produce post-storm assessments required by subsection (b), including assembling data collected by participants and stored in the database established under subsection (f) and from such other sources as the Administrator considers appropriate.

(2)
Acquisition of sensors and structures

If the Administrator is unable to use a public or private asset to obtain covered data as part of the protocol established under paragraph (1), the Administrator may acquire such sensors and structures for the placement of sensors as may, in the discretion of the Administrator, be necessary to obtain such data.

(3)
Use of Federal assets

If the protocol requires placement of a sensor to develop assessments pursuant to subsection (b), the Administrator shall, to the extent practicable, use Federal assets for the placement of such sensors.

(4)
Use of acquired structures
(A)
In general
If the Administrator acquires a structure for the placement of a sensor for purposes of such protocol, the Administrator shall to the extent practical permit other public and private entities to place sensors on such structure to collect—
(i) meteorological data;
(ii) national security-related data;
(iii) navigation-related data;
(iv) hydrographic data; or
(v) such other data as the Administrator considers appropriate.
(B)
Receipt of consideration

The Administrator may receive and expend consideration for the placement of a sensor on a structure under subparagraph (A).

(C)
In-kind consideration

Consideration received under subparagraph (B) may be received in-kind.

(D)
Use of consideration

To the extent practicable, consideration received under subparagraph (B) shall be used for the maintenance of sensors used to collect covered data.

(5)
Coordinated deployments and data collection practices

The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the deployment of sensors as part of the protocol established under paragraph (1) and related data collection carried out by Federal, State, academic, and private entities who choose to cooperate with the Administrator in carrying out this subsection.

(6)
Priority acquisition and deployment

The Administrator shall give priority in the acquisition for and deployment of sensors under the protocol required by paragraph (1) to areas of coastal States that have the highest risk of being harmed by named storms.

(d)
Assessment of systems and efforts to collect covered data
(1)
Identification of systems and efforts to collect covered data
Not later than 180 days after July 6, 2012, the Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology—
(A) carry out a survey to identify all Federal and State efforts and systems that are capable of collecting covered data; and
(B) consult with private and academic sector entities to identify domestic private and academic systems that are capable of collecting covered data.
(2)
Identification of gaps

The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology and individuals and entities consulted under subsection (e)(3), assess the systems identified under paragraph (1) and identify which systems meet the needs of the National Oceanic and Atmospheric Administration for the collection of covered data, including with respect to the accuracy requirement for post-storm assessment under subsection (b)(3).

(3)
Plan

Not later than 270 days after July 6, 2012, the Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, submit to Congress a plan for the collection of covered data necessary to develop the Named Storm Event Model and post-storm assessment required by subsection (b) that addresses any gaps identified in paragraph (2).

(e)
Coordination of covered data collection and maintenance by participants
(1)
In general
The Administrator shall, in consultation with the Office of the Federal Coordinator for Meteorology, coordinate the collection and maintenance of covered data by participants under this section—
(A) to streamline the process of collecting covered data in accordance with the protocol established under subsection (c)(1); and
(B) to maintain transparency of such process and the database established under subsection (f).
(2)
Sharing information
The Administrator shall establish a process for sharing among participants information relevant to collecting and using covered data for—
(A) academic research;
(B) private sector use;
(C) public outreach; and
(D) such other purposes as the Administrator considers appropriate.
(3)
Consultation
In carrying out paragraphs (1) and (2), the Administrator shall consult with the following:
(A) The Commanding General of the Corps of Engineers.
(B) The Administrator of the Federal Emergency Management Agency.
(C) The Commandant of the Coast Guard.
(D) The Director of the United States Geological Survey.
(E) The Office of the Federal Coordinator for Meteorology.
(F) The Director of the National Science Foundation.
(G) The Administrator of the National Aeronautics and Space Administration.
(H) Such public, private, and academic sector entities as the Administrator considers appropriate for purposes of carrying out the provisions of this section.
(f)
Establishment of Coastal Wind and Water Event Database
(1)
In general
Not later than 1 year after July 6, 2012, the Administrator shall establish a database for the collection and compilation of covered data—
(A) to support the protocol established under subsection (c)(1); and
(B) for the purposes listed in subsection (e)(2).
(2)
Designation

The database established under paragraph (1) shall be known as the “Coastal Wind and Water Event Database”.

(g)
Comptroller General study
Not later than 1 year after July 6, 2012, the Comptroller General of the United States shall—
(1)
complete an audit of Federal efforts to collect covered data for purposes of the Consumer Option for an Alternative System to Allocate Losses Act of 2012, which audit shall—
(A) examine duplicated Federal efforts to collect covered data; and
(B) determine the cost effectiveness of such efforts; and
(2) submit to the Committee on Banking, Housing, and Urban Affairs and the 1
1 So in original. Probably should be followed by “Committee on”.
Commerce, Science, and Transportation of the Senate and the Committee on Financial Services and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the Comptroller General with respect to the audit completed under paragraph (1).
(Pub. L. 111–11, title XII, § 12312, as added Pub. L. 112–141, div. F, title II, § 100252, July 6, 2012, 126 Stat. 969; amended Pub. L. 116–271, title II, § 201(a), Dec. 31, 2020, 134 Stat. 3344.)