PUBLIC LAW 109–424—DEC. 20, 2006

TSUNAMI WARNING AND EDUCATION ACT

120 STAT. 2902 PUBLIC LAW 109–424—DEC. 20, 2006

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.

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.

33 USC 3202.

33 USC 3201.

33 USC 3201

note.

Tsunami

Warning and

Education Act.

Dec. 20, 2006

[H.R. 1674]

PUBLIC LAW 109–424—DEC. 20, 2006 120 STAT. 2903

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—

Establishment.

33 USC 3203.

120 STAT. 2904 PUBLIC LAW 109–424—DEC. 20, 2006

(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 postwarning 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

PUBLIC LAW 109–424—DEC. 20, 2006 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.—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,

Deadline.

120 STAT. 2906 PUBLIC LAW 109–424—DEC. 20, 2006

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.

Establishment.

33 USC 3204.

Deadline.

Reports.

PUBLIC LAW 109–424—DEC. 20, 2006 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. 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.

33 USC 3206.

33 USC 3205.

120 STAT. 2908 PUBLIC LAW 109–424—DEC. 20, 2006

(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—

33 USC 3207.

PUBLIC LAW 109–424—DEC. 20, 2006 120 STAT. 2909

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.

Æ

(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.