S. 2181 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2181 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Begich (for himself, Ms. Cantwell, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize and strengthen the tsunami detection, forecast, warning, research, and mitigation program of the National Oceanic and Atmospheric Administration, and for other purposes. 1. Short title This Act may be cited as the Tsunami Warning and Education Reauthorization Act of 2014. 2. References to the Tsunami Warning and Education Act Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109–479; 33 U.S.C. 3201 et seq.), also known as the Tsunami Warning and Education Act. 3. Expansion of purposes of Tsunami Warning and Education Act Section 803 (33 U.S.C. 3202) is amended— (1) in paragraph (1), by inserting research, after warnings,; (2) by amending paragraph (2) to read as follows: (2) to enhance and modernize the tsunami warning system of the United States to increase the accuracy of forecasts and warnings and reduce false alarms; ; (3) in paragraph (3), by inserting and establish standards for before mapping,; (4) in paragraph (4)— (A) by striking and increase and inserting , increase, and establish standards for; and (B) by inserting , including the warning signs of locally generated tsunamis after approaching; (5) in paragraph (5), by striking , including the Indian Ocean; and and inserting a semicolon; (6) by redesignating paragraph (6) as paragraph (7); and (7) by inserting after paragraph (5), the following: (6) to foster resilient communities in the face of tsunami and other coastal hazards; and . 4. Modification of tsunami forecasting and warning program (a) Components Subsection (b) of section 804 (33 U.S.C. 3203) is amended— (1) in paragraph (1), by inserting or maintained after established; (2) in paragraph (4), by inserting and safeguarding port and harbor operations after communities; (3) in paragraph (6), by inserting , including regional seismic networks previously installed in areas of sparse instrumentation after networks; (4) in paragraph (7)— (A) by inserting , including graphical warning products, after warnings; and (B) by inserting and Wireless Emergency Alerts after Hazards Program; and (5) in paragraph (8), by inserting and commercial and Federal undersea communications cables after technologies. (b) Tsunami warning system Subsection (c) of such section is amended to read as follows: (c) Tsunami warning system The program under this section shall operate a tsunami warning system that— (1) is capable of forecasting tsunamis anywhere in the Pacific and Arctic Ocean regions and providing adequate warnings; (2) is capable of 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 tsunamis for States along the coastal areas of the Atlantic Ocean, Caribbean Sea, or Gulf of Mexico; and (3) supports other international tsunami forecasting and warning efforts. . (c) Tsunami warning centers Subsection (d) of such section is amended to read as follows: (d) Tsunami warning centers (1) Establishment The Administrator shall establish or maintain, as part of the National Centers for Environmental Prediction, centers to support the tsunami warning system required by subsection (c). (2) Responsibilities The responsibilities of the centers established or maintained pursuant to paragraph (1) shall include the following: (A) Continuously monitoring data from seismological, deep ocean, and tidal monitoring stations. (B) Evaluating earthquakes that have the potential to generate tsunamis. (C) Evaluating deep ocean buoy data and tidal monitoring stations for indications of tsunamis resulting from earthquakes and other sources. (D) To the extent practicable, utilizing ensemble models to predict tsunamis. (E) Ensuring supercomputing resources of the National Centers for Environmental Prediction are available to run, as rapidly as possible, such computer models as are needed for purposes of the tsunami warning system operated pursuant to subsection (c). (F) Disseminating forecasts and tsunami warning bulletins to Federal, State, and local government officials and the public. (G) Developing outreach plans to ensure close integration with local Weather Forecast Offices of the National Weather Service and emergency managers. (H) Working with local Weather Forecast Offices to ensure they have the technical knowledge and capability to disseminate tsunami warnings to the communities they serve. (I) Evaluating effectiveness of warnings and of coordination with local Weather Forecast Offices after significant tsunami events. (J) Coordinating with the tsunami hazard mitigation program conducted under section 805 to ensure ongoing sharing of information between forecasters and emergency management officials. (K) Making data gathered under this title and post-warning analyses conducted by the National Weather Service or other relevant Administration offices available to researchers. (3) Redundant warning capability The tsunami warning centers established or maintained pursuant to paragraph (1), including the warning centers in Hawaii and Alaska that were established under this section and in operation on the day before the date of the enactment of the Tsunami Warning and Education Reauthorization Act of 2014, shall maintain a redundant warning capability and ability to perform back-up duties for each other. (4) Coordination with National Weather Service The National Weather Service regions and local forecast offices shall coordinate with the centers established or maintained pursuant to paragraph (1) to ensure that— (A) they have the technical knowledge and capability to disseminate tsunami warnings for the communities they serve; and (B) their connections with local emergency management officials are leveraged for optimally disseminating tsunami warnings and forecasts. (5) Standards The Administrator shall— (A) establish uniform operational procedures for the centers established or maintained pursuant to paragraph (1), including the employment of software applications, checklists, decision support tools, and tsunami warning products that have been standardized across the program established under this section; (B) ensure that processes and products of the warning system operated pursuant to subsection (c)— (i) reflect industry best practices; (ii) conform with internationally recognized standards for information technology; and (iii) conform to the maximum extent practicable with other warning products and practices of the National Weather Service; (C) ensure that future adjustments to operational protocols, processes, and warning products— (i) are made consistently across the warning system operated pursuant to subsection (c); and (ii) are applied in a uniform manner across such warning system; and (D) promote standards for evaluating and improving tsunami forecast models. (6) Outreach The Administrator shall ensure the tsunami warning centers established or maintained pursuant to paragraph (1) develop and carry out formal outreach plans. . (d) Transfer of technology; maintenance and upgrades Subsection (e) of such section is amended to read as follows: (e) Transfer of technology; maintenance and upgrades In carrying out this section, the Administrator shall— (1) develop requirements for the equipment used to forecast tsunamis, including— (A) provisions for multipurpose detection platforms; (B) reliability and performance metrics; and (C) 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, the global seismic networks, and the Advanced National Seismic System; (2) develop and execute a plan for the transfer of technology from ongoing research conducted as part of the program established or maintained under section 806 into the program under this section; and (3) ensure that maintaining operational tsunami detection equipment is the highest priority within the program carried out under this section. . (e) Federal cooperation Subsection (f) of such section is amended to read as follows: (f) Federal cooperation When deploying and maintaining tsunami detection technologies under the program under this section, the Administrator shall— (1) identify which assets of other Federal agencies are necessary to support such program; and (2) work with each agency identified under paragraph (1)— (A) to acquire the agency’s assistance; and (B) to prioritize the necessary assets. . (f) Unnecessary provisions Such section is further amended by striking subsections (g) through (k). 5. Modification of national tsunami hazard mitigation program (a) In general Section 805 (33 U.S.C. 3204) is amended by striking subsections (a) through (d) and inserting the following: (a) Program required The Administrator, in consultation with the Administrator of the Federal Emergency Management Agency and the heads of such other agencies as the Administrator considers relevant, shall conduct a community-based tsunami hazard mitigation program to improve tsunami preparedness of at-risk areas in the United States and the territories of the United States. (b) Program components The program conducted pursuant to subsection (a) shall include the following: (1) Technical and financial assistance to coastal States, territories, tribes, and local governments to develop and implement activities under this section. (2) Integration of tsunami preparedness and mitigation programs into ongoing State-based hazard warning, resilience planning, and risk management activities, including predisaster planning, emergency response, evacuation planning, disaster recovery, hazard mitigation, and community development and redevelopment programs in affected areas. (3) Activities to promote the adoption of tsunami resilience, preparedness, warning, and mitigation measures by Federal, State, territorial, tribal, and local governments and nongovernmental entities, including educational and risk communication programs to discourage development in high-risk areas. (4) Development of regional tsunami hazard and risk assessments, using inundation models that meet programmatic standards for accuracy. Such regional risk assessments may include the following: (A) The sources, sizes, and histories of tsunamis in that region. (B) Inundation models and maps of critical infrastructure and socioeconomic vulnerability in areas subject to tsunami inundation. (C) Maps of evacuation areas and evacuation routes. (D) Evaluations of the size of populations that will require evacuation, including populations with special evacuation needs. (5) Community-based outreach and education networks and programs to ensure community readiness and resilience, including the following: (A) The implementation of technical training and public education programs. (B) The development of decision support tools. (C) The evaluation of effectiveness of tsunami education efforts and development of education guidelines based on that evidence as well as the expertise of the Administration in hazard communications. (6) Propagation of standards for community planning, education, and training products, programs, and tools, including standards for— (A) mapping products; (B) inundation models, although national standards for inundation models shall not prevent States, territories, tribes, and local governments from designating additional areas as being at-risk based on knowledge of local conditions; and (C) effective emergency exercises. (c) Authorized activities In addition to activities conducted under subsection (b), the program conducted pursuant to subsection (a) may include the following: (1) Multidisciplinary vulnerability assessment research, education, and training to help integrate risk management and resilience objective with community development planning and policies. (2) Risk management training for the public, local officials, and institutions to enhance understanding and preparedness. (3) Development of practical applications for existing or emerging technologies, such as modeling, remote sensing, geospatial technology, engineering, and observing systems. (4) Risk management and resilience data and information services, including— (A) access to data and products derived from observing and detection systems; and (B) development and maintenance of new integrated data products to support risk assessment, risk management, and resilience programs. (5) Risk notification systems that coordinate with and build upon existing systems and actively engage policy officials, government agencies, business communities, nongovernmental organizations, and the media. (d) Coordinating committee (1) In general The Administrator shall establish a coordinating committee to assist the Administrator in the conduct of the program required by subsection (a). (2) Composition The coordinating committee shall be composed of such representatives as the Administrator considers appropriate to represent Federal, State, tribal, territorial, and local governments. (3) Subcommittees The Administrator may approve the formation of subcommittees to address specific program components or regional issues. (4) Responsibilities The coordinating committee shall— (A) recommend how funds appropriated or otherwise made available to carry out the program required by subsection (a) should be allocated; (B) ensure that areas described in section 804(c) in the United States and its territories have the opportunity to participate in the program; (C) provide recommendations to the Administrator on how to improve continuously the TsunamiReady program, particularly on ways to make communities more tsunami resilient through the use of inundation maps and models and other hazard mitigation practices; and (D) ensure that all components of the program required by subsection (a) are integrated with ongoing State-based hazard warning, risk management, and resilience activities, including— (i) integrating with emergency response plans, disaster recovery, hazard mitigation, and community development programs in affected areas; and (ii) integrating information to assist in tsunami evacuation route planning. (5) Exemption from FACA termination requirement Section 14 of the Federal Advisory Committee Act (5 U.S.C. App. 14) shall not apply to the committee established pursuant to paragraph (1). . (b) Report on accreditation of TsunamiReady program Not later than 180 days after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on which authorities and activities would be needed to have the TsunamiReady program of the National Weather Service accredited by the Emergency Management Accreditation Program. 6. Modification of tsunami research program Section 806 (33 U.S.C. 3205) is amended— (1) in the matter before paragraph (1), by striking The Administrator shall and all that follows through establish or maintain and inserting the following: (a) In general The Administrator shall, in consultation with such other Federal agencies, State governments, and academic institutions as the Administrator considers appropriate, the coordinating committee established under section 805(d), and the panel established under section 808(a), establish or maintain ; (2) in subsection (a), as designated by paragraph (1), by striking and assessment for tsunami tracking and numerical forecast modeling. Such research program shall— and inserting the following: “assessment for tsunami tracking and numerical forecast modeling, and standards development. (b) Responsibilities The research program established and maintained pursuant to subsection (a) shall— ; and (3) in subsection (b), as designated by paragraph (2)— (A) in paragraph (3)— (i) by striking include and inserting conduct; and (ii) by striking and at the end; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) develop the technical basis for validation of tsunami maps, numerical tsunami models, digital elevation models, and forecasts; and . 7. Global tsunami warning and mitigation network Section 807 (33 U.S.C. 3206) is amended— (1) by amending subsection (a) to read as follows: (a) Support for development of international tsunami warning system The Administrator shall, in coordination with the Secretary of State and in consultation with such other agencies as the Administrator considers relevant, provide technical assistance and training to the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the World Meteorological Organization of the United Nations, and such other international entities as the Administrator considers appropriate, as part of international efforts to develop a fully functional global tsunami forecast and warning system comprising regional tsunami warning networks. ; (2) by striking subsection (b); and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 8. Tsunami science, technology, and preparedness panel (a) In general Title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109–479; 33 U.S.C. 3201 et seq.) is amended— (1) by redesignating section 808 as section 809; and (2) by inserting after section 807 the following: 808. Tsunami science, technology, and preparedness panel (a) Establishment (1) In general The Administrator shall establish a panel to provide advice to the Administrator on matters regarding tsunami science, technology, and preparedness. (2) Subcommittee of Science Advisory Board The panel established pursuant to paragraph (1) shall be a standing subcommittee of the Science Advisory Board of the Administration. (b) Membership (1) Composition The panel established under subsection (a) shall be composed of not fewer than 7 members selected by the Administrator from among individuals who have academic or practical expertise in physical sciences, social sciences, information technology, coastal resilience, emergency management, or such other disciplines as the Administrator considers appropriate. (2) Federal employment No member of the panel established pursuant to subsection (a) may be a Federal employee. (c) Responsibilities Not less frequently than once every 2 years, the panel established under subsection (a) shall— (1) review the activities of the Federal Government (including the activities of the program conducted under section 805) relating to tsunami research, forecasting, warning, and preparation; (2) submit to the Administrator and such others as the Administrator considers appropriate— (A) the findings of the panel with respect to the most recent review conducted pursuant to paragraph (1); and (B) such recommendations for legislative or administrative action as the panel considers appropriate to improve Federal tsunami research, forecasting, warning, and preparation. (d) Biennial reports to Congress Not less frequently than once every 2 years, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings and recommendations received by the Administrator under subsection (c)(2). . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the item relating to section 808 and inserting the following: Sec. 808. Tsunami science, technology, and preparedness panel.Sec. 809. Authorization of appropriations. . 9. Report on implementation of Tsunami Warning and Education Act (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report on the implementation of the Tsunami Warning and Education Act (33 U.S.C. 3201 et seq.), as amended by this Act. (b) Elements The report required by subsection (a) shall include the following: (1) A detailed description of the progress made in implementing sections 804(d)(5), 805(b)(6), and 806(b)(4) of the Tsunami Warning and Education Act (33 U.S.C. 3203, 3204, 3205), as amended by this Act. (2) A description of the ways that tsunami warnings and warning products issued by the Tsunami Forecasting and Warning Program established under section 804 of such Act (33 U.S.C. 3203), as amended by this Act, can be standardized and streamlined with warnings and warning products for hurricanes, coastal storms, and other coastal flooding events. 10. Authorization of appropriations Section 809, as redesignated by section 8(a)(1), is amended— (1) in paragraph (4)(B), by striking and at the end; (2) in paragraph (5)(B), by striking the period at the end and inserting ; and; and (3) by adding at the end the following: (6) $36,000,000 for each of fiscal years 2015 through 2019, of which— (A) not less than 27 percent of the amount appropriated shall be for activities under the tsunami hazard mitigation program under section 805; and (B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 806. . 11. Repeal of duplicate provisions of law (a) Repeal Public Law 109–424 (120 Stat. 2902) is hereby repealed. (b) Construction Nothing in this section shall be construed to repeal, or affect in any way, title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109–479).