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[Senate Report 115-347]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 637
115th Congress      }                                      {    Report
                                 SENATE
 2d Session         }                                      {   115-347
_______________________________________________________________________

                   COASTAL IMPLEMENTATION ACT OF 2017

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2242

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

               November 13, 2018.--Ordered to be printed

                               _________

                         U.S. GOVERNMENT PUBLISHING OFFICE 

89-010                         WASHINGTON : 2018 
  

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi         BILL NELSON, Florida
ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada                  TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia  MARGARET WOOD HASSAN, New Hampshire

CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana               JON TESTER, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director

                                                      Calendar No. 637
115th Congress      }                                      {    Report
                                 SENATE
 2d Session         }                                      {   115-347
======================================================================

 
                   COASTAL IMPLEMENTATION ACT OF 2017

                                _______
                                

               November 13, 2018.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2242]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2242) 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, having considered the same, reports favorably 
thereon with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 2242 is to update the Consumer Option for 
an Alternative System to Allocate Losses Act of 2012 (COASTAL 
Act of 2012)\1\ with technical edits so that the National 
Oceanic and Atmospheric Administration (NOAA) can continue to 
develop an assessment model for determining the magnitude and 
variations of coastal storm surges and wind speeds associated 
with hurricanes.
---------------------------------------------------------------------------
    \1\P.L. 112-141; 126 Stat. 969.
---------------------------------------------------------------------------

                          Background and Needs

    The National Flood Insurance Program (NFIP) was first 
authorized by the National Flood Insurance Act of 1968,\2\ and 
was reauthorized until the end of fiscal year 2017 by division 
F of the Biggert-Waters Flood Insurance Reform Act of 2012.\3\ 
The NFIP is administered by the Federal Emergency Management 
Association (FEMA), and it was recently reauthorized until 
November 30, 2018.\4\ The general purpose of the NFIP is both 
to offer primary flood insurance to properties with significant 
flood risk and to reduce flood risk through the adoption of 
floodplain management standards.\5\ The NFIP is the primary 
source of flood insurance coverage for residential properties 
in the United States.\6\ As of January 2018, the NFIP had more 
than 5 million flood insurance policies providing nearly $1.28 
trillion in coverage, with approximately 23,000 participating 
communities nationwide (including territories and tribal 
organizations).\7\ The program currently collects about $3.6 
billion in annual premium revenue.
---------------------------------------------------------------------------
    \2\42 U.S.C. 4001 et seq.
    \3\P.L. 112-141; 126 Stat. 916.
    \4\P.L. 115-225; 132 Stat. 1624.
    \5\Congressional Research Service, Introduction to the National 
Flood Insurance Program (http://www.crs.gov/reports/pdf/R44593) 
(accessed 7.20.18).
    \6\Congressional Research Service, What Happens If the National 
Flood Insurance Program (NFIP) Lapses? (http://www.crs.gov/Reports/
IN10835?source=search&guid=
32dc3cb49a574eab920199dfaa0f88c6&index=1) (accessed 7.23.18).
    \7\Ibid.
---------------------------------------------------------------------------
    After Hurricane Katrina struck the Gulf Coast in 2005, a 
lack of clear property loss determinations in the NFIP program 
created a legal backlog and slowed assistance to hurricane-
impacted Americans. Following a hurricane, it can be difficult 
to assess whether damages were caused by wind or water, 
particularly when only a structure's foundation, or slab, is 
left (Figure 1). For these ``slab'' properties, there may not 
be enough physical evidence to determine whether the damages 
were caused by wind, and thus covered by private home insurers, 
or by water, and thus covered by the NFIP. These so-called 
``indeterminate loss'' properties, where the cause of the 
destruction is not identifiable, created many legal disputes 
post-Katrina between private home insurance providers and their 
policyholders over the loss-allocation between flood as a cause 
of loss, covered by the NFIP, and wind peril, covered by 
private home insurance.\8\
---------------------------------------------------------------------------
    \8\U.S. Government Accountability Office, NOAA: Initial Response to 
Post-Storm Assessment Requirements (https://www.gao.gov/assets/660/
655843.pdf) (accessed 20.18).

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

     Figure 1. Only the foundation remains of a home in Waveland, 
                Mississippi, after Hurricane Katrina.\9\

      
---------------------------------------------------------------------------
    \9\Los Angeles Times, ``A Sobering Look Back Five Years After 
Hurricane Katrina'' (http://
framework.latimes.com/2010/08/27/hurricane-katrina/#/22) (accessed 
7.24.18).
---------------------------------------------------------------------------
    The COASTAL Act of 2012 was designed to mitigate future 
legal issues by requiring NOAA to produce detailed ``post-storm 
assessments'' in the aftermath of a damaging tropical cyclone 
that strikes the United States or its territories.\10\ The 
purpose of the COASTAL Act of 2012 is to reduce conflict over 
which party is responsible in ``indeterminate loss'' properties 
by better discerning wind versus water damage.\11\ Using output 
from a hindcast model, NOAA's assessments will indicate the 
strength of timing of damaging winds and water at a given 
location in the area impacted by the storm. If the assessment 
results for the location of a specific ``slab'' property can be 
certified by NOAA as being greater than 90 percent accurate, 
those results will be put into a FEMA-managed formula that 
considers a variety of factors that may have contributed to 
structural damage. Based on this Named Storm Event Model 
formula, FEMA determines the appropriate loss allocation 
between wind and water.\12\
---------------------------------------------------------------------------
    \10\United States Department of Commerce, Report to Congress Status 
of the National Oceanic and Atmospheric Administration's Implementation 
of the Consumer Option for an Alternative System to Allocate Losses Act 
of 2012 (https://www.weather.gov/media/sti/coastalact/
COASTALActAppropriationsReportFY14.pdf) (accessed 7.23.18).
    \11\National Water Service, COASTAL Act Overview (https://
www.weather.gov/sti/coastalact) (accessed 7.23.18).
    \12\Ibid.
---------------------------------------------------------------------------
    After the COASTAL Act of 2012 was enacted, NOAA began to 
implement the policy changes and interagency coordination 
required by that Act, but did not receive appropriated funding 
for the work until 2016. Since receiving dedicated funding, 
NOAA has been building the modeling and data collection 
components necessary to implement the post-storm assessments. 
The COASTAL Implementation Act of 2018 would provide additional 
technical edits to the COASTAL Act of 2012 so that NOAA can 
successfully collect the required data to perform the post-
storm assessments and provide it to FEMA for the loss-
allocation. The Act also would give the NOAA Administrator the 
authority to deploy additional sensors before storms hit a 
coastal area that is likely to be severely damaged, in order to 
gather additional data for ``indeterminate'' property 
determinations by FEMA. It also would direct the NOAA 
Administrator to seek input and suggestions from the public 
before the Named Storm Event Model is implemented.

                         Summary of Provisions

    If enacted, S. 2242, the COASTAL Implementation Act of 2018 
would do the following:
   Amend the Omnibus Public Land Management Act of 
2009\13\ to align the definitions in that Act so they match 
NOAA's definitions for specific technical terminology.
---------------------------------------------------------------------------
    \13\P.L. 111-11; 123 Stat. 991.
---------------------------------------------------------------------------
   Extend NOAA's deadline for the implementation of the 
COASTAL Act of 2012 to December 31, 2019.
   Direct the NOAA Administrator to seek input and 
suggestions from the public before the Named Storm Event Model 
takes effect.
   Direct the NOAA Administrator to deploy additional 
sensors to enhance data collection in coastal areas that may be 
at high risk of experiencing indeterminate losses.
   Direct the NOAA Administrator to conduct separate 
post-storm assessments for each coastal State in which 
``indeterminate'' losses are identified after a storm.

                          Legislative History

    S. 2242 was introduced on December 12, 2017, by Senator 
Wicker and was referred to the Committee on Commerce, Science, 
and Transportation of the Senate. A previous version of the 
bill, 
S. 2093, the COASTAL Implementation Act of 2017, was introduced 
on November 7, 2017, and was referred to the Homeland Security 
and Government Affairs Committee of the Senate. On August 1, 
2018, the Committee met in open Executive Session and by voice 
vote ordered S. 2242 reported favorably with an amendment (in 
the nature of a substitute).

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2242--COASTAL Implementation Act of 2018

    S. 2242 would amend the Omnibus Public Land Management Act 
of 2009 to clarify the authority of the National Oceanic and 
Atmospheric Administration (NOAA) to conduct scientific 
assessments to determine the magnitude, timing, and spatial 
variations of winds, rainfall, and storm surges associated with 
hurricanes and tropical storms. The bill would largely codify 
current NOAA practices related to such work. In 2018, NOAA 
allocated $5 million to those activities.
    Using information from NOAA, CBO estimates that 
implementing S. 2242 would have no significant cost.
    Enacting S. 2242 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 2242 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 2242 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 2242, as reported, would not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.

                            economic impact

    Enactment of this legislation is not expected to have a 
negative impact on the Nation's economy.

                                privacy

    The reported bill is not expected to impact the personal 
privacy of individuals.

                               paperwork

    S. 2242 would not create increases in paperwork burdens if 
enacted.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``COASTAL Implementation Act of 2018''.

Section 2. Named storm event model and post-storm assessments.

    This section would amend section 12312 of the Omnibus 
Public Land Management Act of 2009\14\ by amending certain 
definitions to conform to NOAA definitions for specific 
terminology and fix ambiguity over the identification of 
indeterminate losses in coastal States. This section also would 
direct the NOAA Administrator to seek public review before the 
Named Storm Event Model takes effect, deploy additional sensors 
as needed to collect data before large storms, and to conduct 
separate post-storm assessments for multiple coastal States 
impacted by a single storm if necessary.
---------------------------------------------------------------------------
    \14\33 U.S.C. 3611.
---------------------------------------------------------------------------

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                  NATIONAL FLOOD INSURANCE ACT OF 1968

                        [42 U.S.C. 4001 et seq.]

SEC. 1337. ALTERNATIVE LOSS ALLOCATION SYSTEM FOR INDETERMINATE CLAIMS.

                            [42 U.S.C. 4057]

  (a) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          (2) COASTAL formula.--The term ``COASTAL Formula'' 
        means the formula established under subsection (b).
          (3) Coastal state.--The term ``coastal State'' has 
        the meaning given the term ``coastal state'' in section 
        304 of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1453)[.], except that the term shall not apply 
        with respect to a State or territory that has an 
        operational wind and flood loss allocation system.
          (4) Indeterminate loss.--
                  (A) In general.--The term ``indeterminate 
                loss'' means, as determined by an insurance 
                claims adjuster certified under the national 
                flood insurance program and in consultation 
                with an engineer as appropriate, a loss 
                resulting from physical damage to, or loss of, 
                property located in any coastal State arising 
                from the combined perils of flood and wind 
                associated with a named storm.
                  (B) Requirements.--An insurance claims 
                adjuster certified under the national flood 
                insurance program shall only determine that a 
                loss is an indeterminate loss if the claims 
                adjuster determines that--
                          (i) no material remnant of physical 
                        buildings or man-made structures remain 
                        except building foundations for the 
                        specific property for which the claim 
                        is made; and
                          (ii) there is insufficient or no 
                        tangible evidence created, yielded, or 
                        otherwise left behind of the specific 
                        property for which the claim is made as 
                        a result of the named storm.
          (5) Named storm.--The term ``named storm'' means any 
        organized weather system with a defined surface 
        circulation and maximum sustained winds of not less 
        than 39 miles per hour which the National Hurricane 
        Center of the United States National Weather Service 
        names as a tropical storm or a hurricane.
          (6) Post-storm assessment.--The term ``post-storm 
        assessment'' means the post-storm assessment developed 
        under section 12312(b) of the Omnibus Public Land 
        Management Act of 2009.
          (7) 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.
          (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.
          (9) Standard insurance policy.--The term ``standard 
        insurance policy'' means any insurance policy issued 
        under the national flood insurance program that covers 
        loss or damage to property resulting from water peril.
          (10) Property.--The term ``property'' means real or 
        personal property that is insured under a standard 
        insurance policy for loss or damage to structure or 
        contents.
          (11) Under secretary.--The term ``Under Secretary'' 
        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.

           *       *       *       *       *       *       *

  (h) Rule of Construction.--Nothing in this subsection shall 
be construed to require the Administrator to make any payment 
under the national flood insurance program, or an insurance 
company that issues a standard flood insurance policy under the 
national flood insurance program to make any payment, for an 
indeterminate loss based upon post-storm assessment [or the 
COASTAL Formula], the COASTAL Formula, or any other loss 
allocation or post-storm assessment arising under the laws or 
ordinances of any State.
  (i) Applicability.--Subsection (c) shall apply with respect 
to an indeterminate loss associated with a named storm that 
occurs after the date on which the Administrator issues the 
rule establishing the COASTAL Formula under subsection (b).
  (j) Rule of Construction.--Nothing in this subsection shall 
be construed to negate, set aside, or void any policy limit, 
including any loss limitation, set forth in a standard 
insurance policy.

               OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009

                   [Public Law 111-11; 123 Stat. 991]

SEC. 12312. ASSESSING AND MODELING NAMED STORMS OVER COASTAL STATES.

                            [33 U.S.C. 3611]

  (a) Definitions.--In this section:
          (1) COASTAL formula.--The term ``COASTAL Formula'' 
        has the meaning given the term in section 1337(a) of 
        the National Flood Insurance Act of 1968.
          (2) Coastal state.--The term ``coastal State'' has 
        the meaning given the term ``coastal state'' in section 
        304 of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1453)[.], 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 
        1337(a) of the National Flood Insurance Act of 1968.
          (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 [that 
        threaten any portion of a coastal State] 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 [540 days 
                after the date of the enactment of the Consumer 
                Option for an Alternative System to Allocate 
                Losses Act of 2012] December 31, 2019, the 
                Administrator shall develop [by regulation] 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 [every] 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.
                  [(B)](D) Post-storm assessment required.--
                Upon [identification of a named storm under 
                subparagraph (A)] confirmation of indeterminate 
                losses identified under subparagraph (C) with 
                respect to a named storm, the Administrator 
                shall develop a post-storm [assessment for such 
                named 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).
                  [(C)](E) Submittal of post-storm 
                assessment.--Not later than 90 days after [an 
                identification of a named storm is made under 
                subparagraph (A)] any indeterminate losses are 
                identified under subparagraph (C), the 
                Administrator shall submit to the Secretary of 
                Homeland Security the post-storm assessment 
                developed [for such storm under subparagraph 
                (B)] 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 subparagraphs (C) and (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 1337 of the National Flood Insurance 
                Act of 1968.
          (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 [540 days after the 
        date of the enactment of the Consumer Option for an 
        Alternative System to Allocate Losses Act of 2012] 
        December 31, 2019, 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.

           *       *       *       *       *       *       *

                                  [all]
```