U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT

2018

115–347 

Calendar No. 637 

COASTAL IMPLEMENTATION ACT OF 2017 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2242 

NOVEMBER 13, 2018.—Ordered to be printed 


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(II) 

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 


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1P.L. 112–141; 126 Stat. 969. 

2 42 U.S.C. §4001 et seq. 

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. 

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 


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2 

3P.L. 112–141; 126 Stat. 916. 

4P.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. 

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). 

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. 

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


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9Los 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). 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. 

Figure 1. Only the foundation remains of a home in Waveland, Mississippi, after 

Hurricane Katrina.9

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

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 


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13P.L. 111–11; 123 Stat. 991. 

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. 

• 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 reVerDate Sep 11 2014 02:17 Nov 16, 2018 Jkt 089010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR347.XXX SR347

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lated 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’’. 


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14 33 U.S.C. §3611. 

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. 

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)ø.¿, 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 


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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 øor the COASTAL Formula¿, the COASTAL Formula, or any other loss allocation or poststorm 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: 


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(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)ø.¿, 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 øthat 

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 ASSESS- MENT.— 

(1) ESTABLISHMENT OF NAMED STORM EVENT MODEL.— (A) IN GENERAL.—Not later than ø540 days after the 

date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012¿ December 


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31, 2019, the Administrator shall develop øby 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 øevery¿ 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 COAST- AL 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. 

ø(B)¿(D) POST-STORM ASSESSMENT REQUIRED.—Upon 

øidentification 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 øassessment 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). 

ø(C)¿(E) SUBMITTAL OF POST-STORM ASSESSMENT.—Not 

later than 90 days after øan 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 


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the post-storm assessment developed øfor 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 poststorm assessment developed under this subsection. 

(c) ESTABLISHMENT OF A PROTOCOL FOR POST-STORM ASSESS- MENT.— 

(1) IN GENERAL.—Not later than ø540 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 subVerDate Sep 11 2014 02:17 Nov 16, 2018 Jkt 089010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\SR347.XXX SR347

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section (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 PRAC- TICES.—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. 

* * * * * * * 

Æ 


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