33 U.S. Code § 3611 - Assessing and modeling named storms over coastal States
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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
(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—
(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 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 that threaten any portion of a coastal State.
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.
(b) Named Storm Event Model and post-storm assessment
(1) Establishment of Named Storm Event Model
(A) In general
Not later than 540 days after July 6, 2012, the Administrator shall develop by regulation the Named Storm Event Model.
(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) Post-storm assessment required
Upon identification of a named storm under subparagraph (A), the Administrator shall develop a post-storm assessment for such 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).
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.
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.
(c) Establishment of a protocol for post-storm assessment
(1) In general
Not later than 540 days after July 6, 2012, 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 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—
(B) Receipt of consideration
The Administrator may receive consideration for the placement of a sensor on a structure under subparagraph (A).
(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.
(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
(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).
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
(2) Sharing information
The Administrator shall establish a process for sharing among participants information relevant to collecting and using covered data for—
In carrying out paragraphs (1) and (2), the Administrator shall consult with the following:
(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—
(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—
(2) submit to the Committee on Banking, Housing, and Urban Affairs and the  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).
 So in original. Probably should be followed by “Committee on”.
Source(Pub. L. 111–11, title XII, § 12312, as added Pub. L. 112–141, div. F, title II, § 100252,July 6, 2012, 126 Stat. 969.)
References in Text
The Consumer Option for an Alternative System to Allocate Losses Act of 2012, referred to in subsec. (g)(1), is subtitle B (§§ 100251–100253) of title II of div. F of Pub. L 112–141, which enacted this section, section 4057 of Title 42, the Public Health and Welfare, and provisions set out as a note under section 4001 of Title 42. For complete classification of this Act to the Code, see Short Title of 2012 Amendment note set out under section 4001 of Title 42 and Tables.