[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1674 Enrolled Bill (ENR)]

        H.R.1674

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act



 To authorize and strengthen the tsunami detection, forecast, warning, 
     and mitigation program of the National Oceanic and Atmospheric 
 Administration, to be carried out by the National Weather Service, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Tsunami Warning and Education Act''.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) The term ``Administration'' means the National Oceanic and 
    Atmospheric Administration.
        (2) The term ``Administrator'' means the Administrator of the 
    National Oceanic and Atmospheric Administration.
SEC. 3. PURPOSES.
    The purposes of this Act are--
        (1) to improve tsunami detection, forecasting, warnings, 
    notification, outreach, and mitigation to protect life and property 
    in the United States;
        (2) to enhance and modernize the existing Pacific Tsunami 
    Warning System to increase coverage, reduce false alarms, and 
    increase the accuracy of forecasts and warnings, and to expand 
    detection and warning systems to include other vulnerable States 
    and United States territories, including the Atlantic Ocean, 
    Caribbean Sea, and Gulf of Mexico areas;
        (3) to improve mapping, modeling, research, and assessment 
    efforts to improve tsunami detection, forecasting, warnings, 
    notification, outreach, mitigation, response, and recovery;
        (4) to improve and increase education and outreach activities 
    and ensure that those receiving tsunami warnings and the at-risk 
    public know what to do when a tsunami is approaching;
        (5) to provide technical and other assistance to speed 
    international efforts to establish regional tsunami warning systems 
    in vulnerable areas worldwide, including the Indian Ocean; and
        (6) to improve Federal, State, and international coordination 
    for detection, warnings, and outreach for tsunami and other coastal 
    impacts.
SEC. 4. TSUNAMI FORECASTING AND WARNING PROGRAM.
    (a) In General.--The Administrator, through the National Weather 
Service and in consultation with other relevant Administration offices, 
shall operate a program to provide tsunami detection, forecasting, and 
warnings for the Pacific and Arctic Ocean regions and for the Atlantic 
Ocean, Caribbean Sea, and Gulf of Mexico region.
    (b) Components.--The program under this section shall--
        (1) include the tsunami warning centers established under 
    subsection (d);
        (2) utilize and maintain an array of robust tsunami detection 
    technologies;
        (3) maintain detection equipment in operational condition to 
    fulfill the detection, forecasting, and warning requirements of 
    this Act;
        (4) provide tsunami forecasting capability based on models and 
    measurements, including tsunami inundation models and maps for use 
    in increasing the preparedness of communities, including through 
    the TsunamiReady program;
        (5) maintain data quality and management systems to support the 
    requirements of the program;
        (6) include a cooperative effort among the Administration, the 
    United States Geological Survey, and the National Science 
    Foundation under which the Geological Survey and the National 
    Science Foundation shall provide rapid and reliable seismic 
    information to the Administration from international and domestic 
    seismic networks;
        (7) provide a capability for the dissemination of warnings to 
    at-risk States and tsunami communities through rapid and reliable 
    notification to government officials and the public, including 
    utilization of and coordination with existing Federal warning 
    systems, including the National Oceanic and Atmospheric 
    Administration Weather Radio All Hazards Program;
        (8) allow, as practicable, for integration of tsunami detection 
    technologies with other environmental observing technologies; and
        (9) include any technology the Administrator considers 
    appropriate to fulfill the objectives of the program under this 
    section.
    (c) System Areas.--The program under this section shall operate--
        (1) a Pacific tsunami warning system capable of forecasting 
    tsunami anywhere in the Pacific and Arctic Ocean regions and 
    providing adequate warnings; and
        (2) an Atlantic Ocean, Caribbean Sea, and Gulf of Mexico 
    tsunami warning system capable of forecasting tsunami and providing 
    adequate warnings in areas of the Atlantic Ocean, Caribbean Sea, 
    and Gulf of Mexico that are determined--
            (A) to be geologically active, or to have significant 
        potential for geological activity; and
            (B) to pose significant risks of tsunami for States along 
        the coastal areas of the Atlantic Ocean, Caribbean Sea, or Gulf 
        of Mexico.
    (d) Tsunami Warning Centers.--
        (1) In general.--The Administrator, through the National 
    Weather Service, shall maintain or establish--
            (A) a Pacific Tsunami Warning Center in Hawaii;
            (B) a West Coast and Alaska Tsunami Warning Center in 
        Alaska; and
            (C) any additional forecast and warning centers determined 
        by the National Weather Service to be necessary.
        (2) Responsibilities.--The responsibilities of each tsunami 
    warning center shall include--
            (A) continuously monitoring data from seismological, deep 
        ocean, and tidal monitoring stations;
            (B) evaluating earthquakes that have the potential to 
        generate tsunami;
            (C) evaluating deep ocean buoy data and tidal monitoring 
        stations for indications of tsunami resulting from earthquakes 
        and other sources;
            (D) disseminating forecasts and tsunami warning bulletins 
        to Federal, State, and local government officials and the 
        public;
            (E) coordinating with the tsunami hazard mitigation program 
        described in section 5 to ensure ongoing sharing of information 
        between forecasters and emergency management officials; and
            (F) making data gathered under this Act and post-warning 
        analyses conducted by the National Weather Service or other 
        relevant Administration offices available to researchers.
    (e) Transfer of Technology; Maintenance and Upgrades.--
        (1) In general.--In carrying out this section, the National 
    Weather Service, in consultation with other relevant Administration 
    offices, shall--
            (A) develop requirements for the equipment used to forecast 
        tsunami, which shall include provisions for multipurpose 
        detection platforms, reliability and performance metrics, and 
        to the maximum extent practicable how the equipment will be 
        integrated with other United States and global ocean and 
        coastal observation systems, the global earth observing system 
        of systems, global seismic networks, and the Advanced National 
        Seismic System;
            (B) develop and execute a plan for the transfer of 
        technology from ongoing research described in section 6 into 
        the program under this section; and
            (C) ensure that maintaining operational tsunami detection 
        equipment is the highest priority within the program carried 
        out under this Act.
        (2) Report to congress.--
            (A) Not later than 1 year after the date of enactment of 
        this Act, the National Weather Service, in consultation with 
        other relevant Administration offices, shall transmit to 
        Congress a report on how the tsunami forecast system under this 
        section will be integrated with other United States and global 
        ocean and coastal observation systems, the global earth 
        observing system of systems, global seismic networks, and the 
        Advanced National Seismic System.
            (B) Not later than 3 years after the date of enactment of 
        this Act, the National Weather Service, in consultation with 
        other relevant Administration offices, shall transmit a report 
        to Congress on how technology developed under section 6 is 
        being transferred into the program under this section.
    (f) Federal Cooperation.--When deploying and maintaining tsunami 
detection technologies, the Administrator shall seek the assistance and 
assets of other appropriate Federal agencies.
    (g) Annual Equipment Certification.--At the same time Congress 
receives the budget justification documents in support of the 
President's annual budget request for each fiscal year, the 
Administrator shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science of the House 
of Representatives a certification that--
        (1) identifies the tsunami detection equipment deployed 
    pursuant to this Act, as of December 31 of the preceding calendar 
    year;
        (2) certifies which equipment is operational as of December 31 
    of the preceding calendar year;
        (3) in the case of any piece of such equipment that is not 
    operational as of such date, identifies that equipment and 
    describes the mitigation strategy that is in place--
            (A) to repair or replace that piece of equipment within a 
        reasonable period of time; or
            (B) to otherwise ensure adequate tsunami detection 
        coverage;
        (4) identifies any equipment that is being developed or 
    constructed to carry out this Act but which has not yet been 
    deployed, if the Administration has entered into a contract for 
    that equipment prior to December 31 of the preceding calendar year, 
    and provides a schedule for the deployment of that equipment; and
        (5) certifies that the Administrator expects the equipment 
    described in paragraph (4) to meet the requirements, cost, and 
    schedule provided in that contract.
    (h) Congressional Notifications.--The Administrator shall notify 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Science of the House of Representatives within 30 
days of--
        (1) impaired regional forecasting capabilities due to equipment 
    or system failures; and
        (2) significant contractor failures or delays in completing 
    work associated with the tsunami forecasting and warning system.
    (i) Report.--Not later than January 31, 2010, the Comptroller 
General of the United States shall transmit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Science of the House of Representatives that--
        (1) evaluates the current status of the tsunami detection, 
    forecasting, and warning system and the tsunami hazard mitigation 
    program established under this Act, including progress toward 
    tsunami inundation mapping of all coastal areas vulnerable to 
    tsunami and whether there has been any degradation of services as a 
    result of the expansion of the program;
        (2) evaluates the National Weather Service's ability to achieve 
    continued improvements in the delivery of tsunami detection, 
    forecasting, and warning services by assessing policies and plans 
    for the evolution of modernization systems, models, and 
    computational abilities (including the adoption of new 
    technologies); and
        (3) lists the contributions of funding or other resources to 
    the program by other Federal agencies, particularly agencies 
    participating in the program.
    (j) External Review.--The Administrator shall enter into an 
arrangement with the National Academy of Sciences to review the tsunami 
detection, forecast, and warning program established under this Act to 
assess further modernization and coverage needs, as well as long-term 
operational reliability issues, taking into account measures 
implemented under this Act. The review shall also include an assessment 
of how well the forecast equipment has been integrated into other 
United States and global ocean and coastal observation systems and the 
global earth observing system of systems. Not later than 2 years after 
the date of enactment of this Act, the Administrator shall transmit a 
report containing the National Academy of Sciences' recommendations, 
the Administrator's responses to the recommendations, including those 
where the Administrator disagrees with the Academy, a timetable to 
implement the accepted recommendations, and the cost of implementing 
all the Academy's recommendations, to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives.
    (k) Report.--Not later than 3 months after the date of enactment of 
this Act, the Administrator shall establish a process for monitoring 
and certifying contractor performance in carrying out the requirements 
of any contract to construct or deploy tsunami detection equipment, 
including procedures and penalties to be imposed in cases of 
significant contractor failure or negligence.
SEC. 5. NATIONAL TSUNAMI HAZARD MITIGATION PROGRAM.
    (a) In General.--The Administrator, through the National Weather 
Service and in consultation with other relevant Administration offices, 
shall conduct a community-based tsunami hazard mitigation program to 
improve tsunami preparedness of at-risk areas in the United States and 
its territories.
    (b) Coordinating Committee.--In conducting the program under this 
section, the Administrator shall establish a coordinating committee 
comprising representatives of Federal, State, local, and tribal 
government officials. The Administrator may establish subcommittees to 
address region-specific issues. The committee shall--
        (1) recommend how funds appropriated for carrying out the 
    program under this section will be allocated;
        (2) ensure that areas described in section 4(c) in the United 
    States and its territories can have the opportunity to participate 
    in the program;
        (3) provide recommendations to the National Weather Service on 
    how to improve the TsunamiReady program, particularly on ways to 
    make communities more tsunami resilient through the use of 
    inundation maps and other mitigation practices; and
        (4) ensure that all components of the program are integrated 
    with ongoing hazard warning and risk management activities, 
    emergency response plans, and mitigation programs in affected 
    areas, including integrating information to assist in tsunami 
    evacuation route planning.
    (c) Program Components.--The program under this section shall--
        (1) use inundation models that meet a standard of accuracy 
    defined by the Administration to improve the quality and extent of 
    inundation mapping, including assessment of vulnerable inner 
    coastal and nearshore areas, in a coordinated and standardized 
    fashion to maximize resources and the utility of data collected;
        (2) promote and improve community outreach and education 
    networks and programs to ensure community readiness, including the 
    development of comprehensive coastal risk and vulnerability 
    assessment training and decision support tools, implementation of 
    technical training and public education programs, and providing for 
    certification of prepared communities;
        (3) integrate tsunami preparedness and mitigation programs into 
    ongoing hazard warning and risk management activities, emergency 
    response plans, and mitigation programs in affected areas, 
    including integrating information to assist in tsunami evacuation 
    route planning;
        (4) promote the adoption of tsunami warning and mitigation 
    measures by Federal, State, tribal, and local governments and 
    nongovernmental entities, including educational programs to 
    discourage development in high-risk areas; and
        (5) provide for periodic external review of the program.
    (d) Savings Clause.--Nothing in this section shall be construed to 
require a change in the chair of any existing tsunami hazard mitigation 
program subcommittee.
SEC. 6. TSUNAMI RESEARCH PROGRAM.
    The Administrator shall, in consultation with other agencies and 
academic institutions, and with the coordinating committee established 
under section 5(b), establish or maintain a tsunami research program to 
develop detection, forecast, communication, and mitigation science and 
technology, including advanced sensing techniques, information and 
communication technology, data collection, analysis, and assessment for 
tsunami tracking and numerical forecast modeling. Such research program 
shall--
        (1) consider other appropriate research to mitigate the impact 
    of tsunami;
        (2) coordinate with the National Weather Service on technology 
    to be transferred to operations;
        (3) include social science research to develop and assess 
    community warning, education, and evacuation materials; and
        (4) ensure that research and findings are available to the 
    scientific community.
SEC. 7. GLOBAL TSUNAMI WARNING AND MITIGATION NETWORK.
    (a) International Tsunami Warning System.--The Administrator, 
through the National Weather Service and in consultation with other 
relevant Administration offices, in coordination with other members of 
the United States Interagency Committee of the National Tsunami Hazard 
Mitigation Program, shall provide technical assistance and training to 
the Intergovernmental Oceanographic Commission, the World 
Meteorological Organization, and other international entities, as part 
of international efforts to develop a fully functional global tsunami 
forecast and warning system comprising regional tsunami warning 
networks, modeled on the International Tsunami Warning System of the 
Pacific.
    (b) International Tsunami Information Center.--The Administrator, 
through the National Weather Service and in consultation with other 
relevant Administration offices, in cooperation with the 
Intergovernmental Oceanographic Commission, shall operate an 
International Tsunami Information Center to improve tsunami 
preparedness for all Pacific Ocean nations participating in the 
International Tsunami Warning System of the Pacific, and may also 
provide such assistance to other nations participating in a global 
tsunami warning system established through the Intergovernmental 
Oceanographic Commission. As part of its responsibilities around the 
world, the Center shall--
        (1) monitor international tsunami warning activities around the 
    world;
        (2) assist member states in establishing national warning 
    systems, and make information available on current technologies for 
    tsunami warning systems;
        (3) maintain a library of materials to promulgate knowledge 
    about tsunami in general and for use by the scientific community; 
    and
        (4) disseminate information, including educational materials 
    and research reports.
    (c) Detection Equipment; Technical Advice and Training.--In 
carrying out this section, the National Weather Service--
        (1) shall give priority to assisting nations in identifying 
    vulnerable coastal areas, creating inundation maps, obtaining or 
    designing real-time detection and reporting equipment, and 
    establishing communication and warning networks and contact points 
    in each vulnerable nation;
        (2) may establish a process for transfer of detection and 
    communication technology to affected nations for the purposes of 
    establishing the international tsunami warning system; and
        (3) shall provide technical and other assistance to support 
    international tsunami programs.
    (d) Data-Sharing Requirement.--The National Weather Service, when 
deciding to provide assistance under this section, may take into 
consideration the data sharing policies and practices of nations 
proposed to receive such assistance, with a goal to encourage all 
nations to support full and open exchange of data.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
    There are authorized to be appropriated to the Administrator to 
carry out this Act--
        (1) $25,000,000 for fiscal year 2008, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 5; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 6;
        (2) $26,000,000 for fiscal year 2009, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 5; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 6;
        (3) $27,000,000 for fiscal year 2010, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 5; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 6;
        (4) $28,000,000 for fiscal year 2011, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 5; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 6; and
        (5) $29,000,000 for fiscal year 2012, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 5; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 6.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.