[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.