33 USC 3611 - Assessing and modeling named storms over coastal States

View all text of Chapter 49 [§ 3601 - § 3613]

§ 3611. Assessing and modeling named storms over coastal States

(a) DefinitionsIn this section:

(1) COASTAL Formula

(2) Coastal State

(3) Coastal waters

(4) Covered dataThe 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

(6) Named storm

(7) Named Storm Event Model

(8) Participant

(9) Post-storm assessment

(10) State

(b) Named Storm Event Model and post-storm assessment

(1) Establishment of Named Storm Event Model

(A) In general

(B) Accuracy

(2) Post-storm assessment

(A) Identification of named storms threatening coastal States

(B) Data collection

(i) In general

(ii) Rule of construction

(D) Post-storm assessment required

(E) Submittal of post-storm assessment

(F) Separate post-storm assessments for a single named storm

(i) In general

(ii) Timeline

(3) Accuracy

(4) CertificationFor 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

(6) Availability

(1) In general

(2) Acquisition of sensors and structures

(3) Use of Federal assets

(4) Use of acquired structures

(A) In generalIf 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

(D) Use of consideration

(5) Coordinated deployments and data collection practices

(6) Priority acquisition and deployment

(d) Assessment of systems and efforts to collect covered data

(1) Identification of systems and efforts to collect covered dataNot 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

(3) Plan

(e) Coordination of covered data collection and maintenance by participants

(1) In generalThe 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 informationThe 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;

(D) such other purposes as the Administrator considers appropriate.

(3) ConsultationIn 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.

(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 generalNot 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

(g) Comptroller General studyNot 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.)