[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 2902

Public Law 109-424
109th Congress

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.  NOTE: Dec. 20, 2006 -  [H.R. 1674]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Tsunami Warning
and Education Act.
SECTION 1.  NOTE: 33 USC 3201 note.  SHORT TITLE.

This Act may be cited as the ``Tsunami Warning and Education Act''.
SEC. 2.  NOTE: 33 USC 3201.  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.  NOTE: 33 USC 3202.  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.

[[Page 2903]]
120 STAT. 2903

SEC. 4.  NOTE: 33 USC 3203.  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.--  NOTE: Establishment.  The
Administrator, through the National Weather Service, shall
maintain or establish--

[[Page 2904]]
120 STAT. 2904

(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

[[Page 2905]]
120 STAT. 2905

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.--  NOTE: Deadline.  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,

[[Page 2906]]
120 STAT. 2906

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.  NOTE: Deadline. Reports.  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.  NOTE: 33 USC 3204.  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.--  NOTE: Establishment.  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.

[[Page 2907]]
120 STAT. 2907

(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.  NOTE: 33 USC 3205.  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.  NOTE: 33 USC 3206.   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.

[[Page 2908]]
120 STAT. 2908

(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.  NOTE: 33 USC 3207.  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--

[[Page 2909]]
120 STAT. 2909

(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.

Approved December 20, 2006.

LEGISLATIVE HISTORY--H.R. 1674 (S. 50):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-698 (Comm. on Science).
SENATE REPORTS: No. 109-59 accompanying S. 50 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 6, considered and passed House.
Dec. 8, considered and passed Senate.