H.R.5785 - Warning, Alert, and Response Network Act109th Congress (2005-2006)
|Sponsor:||Rep. Shimkus, John [R-IL-19] (Introduced 07/13/2006)|
|Committees:||House - Energy and Commerce|
|Latest Action:||House - 08/01/2006 Referred to the Subcommittee on Telecommunications and the Internet. (All Actions)|
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Text: H.R.5785 — 109th Congress (2005-2006)All Information (Except Text)
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Introduced in House (07/13/2006)
To establish a unified national hazard alert system, and for other purposes.
Mr. Shimkus (for himself, Mr. Wynn, Mrs. Bono, Mr. Engel, Mr. Radanovich, Mr. Melancon, Mr. English of Pennsylvania, Mr. Johnson of Illinois, Mr. McCotter, Mr. Blumenauer, and Mr. Bradley of New Hampshire) introduced the following bill; which was referred to the Committee on Energy and Commerce
To establish a unified national hazard alert system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Warning, Alert, and Response Network Act”.
(a) Establishment.—There is established a voluntary National Alert System to provide a public communications system capable of alerting the public on a national, regional, or local basis to emergency situations requiring a public response.
(1) will enable any Federal, State, tribal, or local government official with credentials issued under section 3 by the National Alert Office to alert the public to any imminent threat that presents a significant risk of injury or death to the public;
(2) will be coordinated with and supplement existing Federal, State, tribal, and local emergency warning and alert systems;
(3) will be flexible enough in its application to permit narrowly targeted alerts in circumstances in which only a small geographic area is exposed or potentially exposed to the threat; and
(4) will transmit alerts across the greatest possible variety of communications technologies, including digital and analog broadcasts, cable and satellite television, satellite and terrestrial radio, wireless communications, wireline communications, and the Internet to reach the largest portion of the affected population.
(1) shall incorporate multiple communications technologies and be designed to adapt to, and incorporate, future technologies for communicating directly with the public;
(2) may not interfere with existing alert, warning, priority access, or emergency communications systems employed by Federal, State, tribal, or local emergency response personnel and shall incorporate existing emergency alert technologies and operate consistent with the NOAA All-Hazards Radio System; and
(3) shall not be based upon any single technology or platform, but shall be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts.
(1) utilize multiple technologies for providing alerts to the public, including technologies that do not require members of the public to activate a particular device or use a particular technology to receive an alert provided via the National Alert System; and
(2) provide redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device.
(1) IN GENERAL.—The National Alert Office shall establish a process for issuing credentials to Federal, State, tribal, or local government officials with responsibility for issuing safety warnings to the public that will enable them to access the National Alert System.
(2) REQUESTS FOR CREDENTIALS.—Requests for credentials from Federal, State, tribal, and local government agencies shall be submitted to the Office by the head of the Federal department or agency, or the governor of the State or the elected leader of a Federally recognized Indian tribe, concerned, for review and approval.
(A) establish eligibility criteria for issuing, renewing, and revoking access credentials;
(B) limit credentials to appropriate geographic areas or political jurisdictions; and
(C) ensure that the credentials permit use of the National Alert System only for alerts that are consistent with the jurisdiction, authority, and basis for eligibility of the individual to whom the credentials are issued to use the National Alert System.
(A) establish a periodic training program for Federal, State, tribal, or local government officials with credentials to use the National Alert System; and
(B) require such officials to undergo periodic training under the program as a prerequisite for retaining their credentials to use the system.
(A) An alert shall notify the public of a hazardous situation that poses an imminent threat to the public health or safety.
(B) An alert shall provide appropriate instructions for actions to be taken by individuals affected or potentially affected by such a situation.
(C) An alert shall transmit public addresses by Federal, State, tribal, or local officials when necessary.
(D) An alert shall notify the public of when the hazardous situation has ended or has been brought under control.
(A) the classes of events or situations for which the National Alert System may be used to alert the public; and
(i) notifications to the public of a hazardous situation that poses an imminent threat to the public health or safety accompanied by appropriate instructions for actions to be taken by individuals affected or potentially affected by such a situation; and
(ii) when technologically feasible public addresses by Federal, State, tribal, or local officials if necessary.
(1) secure, widely dispersed multiple access points to Federal, State, or local government officials with credentials that will enable them to initiate alerts for transmission to the public via the National Alert System; and
(2) system redundancies to ensure functionality in the event of partial system failures, power failures, or other interruptive events.
(1) AMENDMENT OF LICENSE.—Within 60 days after the date on which the National Alert Office adopts relevant technical standards based on recommendations of the Working Group, the Federal Communications Commission shall initiate a proceeding and subsequently issue an order—
(A) to allow any licensee providing commercial mobile service (as defined in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit National Alert System alerts to all subscribers to, or users of, such service; and
(B) to require any such licensee who elects under paragraph (2) not to participate in the transmission of National Alert System alerts, to provide clear and conspicuous notice at the point of sale of any devices with which its service is included, that it will not transmit National Alert System alerts via its service.
(A) IN GENERAL.—Within 30 days after the Commission issues its order under paragraph (1), each such licensee shall file an election with the Commission with respect to whether or not it intends to participate in the transmission of National Alert System alerts.
(B) PARTICIPATION.—If a licensee elects to participate in the transmission of National Alert System alerts, the licensee shall certify to the National Alert Office that it will participate in a manner consistent with the standards and protocols implemented by the National Alert Office.
(C) ADVERTISING.—Nothing in this Act shall be construed to prevent a licensee from advertising that it participates in the transmission of National Alert System alerts.
(i) participating licensees to withdraw from the National Alert System upon notification of its withdrawal to its existing subscribers; and
(ii) licensees to enter the National Alert System at a date later than provided in subparagraph (A).
(E) CONSUMER CHOICE TECHNOLOGY.—Any licensee electing to participate in the transmission of National Alert System alerts may offer subscribers the capability of preventing the subscriber’s device from receiving alerts broadcast by the system other than an alert issued by the President.
(1) RETRANSMISSION CAPABILITY.—Within 30 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a proceeding to require public broadcast television licensees and permittees to install necessary equipment and technologies on, or as part of, any broadcast television digital signal transmitter to enable the transmitter to serve as a backbone for the reception, relay, and retransmission of National Alert System alerts.
(2) COMPENSATION.—The National Alert Office established by section 4 shall compensate any such licensee or permittee for costs incurred in complying with the requirements imposed pursuant to paragraph (1).
(f) FCC Regulation of Compliance.—Except as provided in subsections (d) and (e), the Federal Communications Commission shall have no regulatory authority under this Act except to regulate compliance with this Act by licensees and permittees regulated by the Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(g) Testing.—The director shall establish testing criteria and guidelines for licensees that elect to participate in the transmission of National Alert System alerts.
(1) IN GENERAL.—The National Alert Office is established within the National Telecommunications and Information Administration.
(2) DIRECTOR.—The office shall be headed by a director with at least 5 years’ operational experience in the management and issuance of warnings and alerts, hazardous event management, or disaster planning.
(3) STAFF.—The office shall have a staff with significant technical expertise in the communications industry. The director may request the detailing, with or without reimbursement, of staff from any appropriate Federal department or agency in order to ensure that the concerns of all such departments and agencies are incorporated into the daily operation of the National Alert System.
(1) IN GENERAL.—The Office shall administer, operate, and manage the National Alert System.
(A) the technical transmission of alerts;
(B) the incorporation of new technologies into the National Alert System;
(C) the technical capabilities of the National Alert System; and
(D) any other matters that fall within the duties of the Working Group.
(A) the National Alert System is available to, and enables, only Federal, State, tribal, or local government officials with credentials issued under section 3 by the National Alert Office to access and utilize the National Alert System;
(B) the National Alert System is capable of providing geographically targeted alerts where such alerts are appropriate;
(C) the legitimacy and authenticity of any proffered alert is verified before it is transmitted;
(D) each proffered alert complies with formats, protocols, and other requirements established by the Office to ensure the efficacy and usefulness of alerts transmitted via the National Alert System;
(E) the security and integrity of a National Alert System alert from the point of origination to delivery is maintained; and
(F) the security and integrity of the National Alert System is maintained and protected.
(1) ANNUAL REPORTS.—The director shall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of, and plans for, the National Alert System. In the first annual report, the director shall report on—
(A) the progress made toward operational activation of the alerting capabilities of the National Alert System; and
(B) the anticipated date on which the National Alert System will be available for utilization by Federal, State, and local officials.
(2) 5-YEAR PLAN.—Within 1 year after the date of enactment of this Act and every 5 years thereafter, the director shall publish a 5-year plan that outlines future capabilities and communications platforms for the National Alert System. The plan shall serve as the long-term planning document for the Office.
(1) IN GENERAL.—The Comptroller General shall audit the National Alert Office every 2 years after the date of enactment of this Act and transmit the findings thereof to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2) RESPONSE REPORT.—If, as a result of the audit, the Comptroller General expresses concern about any matter addressed by the audit, the director of the National Alert Office shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives describing what action, if any, the director is taking to respond to any such concern.
(a) Establishment.—Not later than 60 days after the date of enactment of this Act, the director of the National Alert Office shall establish a working group, to be known as the National Alert System Working Group.
(1) APPOINTMENT; CHAIR.—The director shall appoint the members of the Working Group as soon as practicable after the date of enactment of this Act and shall serve as its chair. In appointing members of the Working Group, the director shall ensure that the number of members appointed under paragraphs (3) and (4) provides appropriate and adequate representation for all stakeholders and interested and affected parties.
(2) FEDERAL AGENCY REPRESENTATIVES.—The director shall appoint appropriate personnel from the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the Federal Communications Commission, the Federal Emergency Management Agency, the Nuclear Regulatory Commission, and the Department of Justice to serve as members of the Working Group. The director may also appoint representatives of other appropriate Federal agencies to serve as members of the Working Group.
(3) STATE, LOCAL, AND TRIBAL GOVERNMENT REPRESENTATIVES.—The director shall appoint representatives of State, local, and tribal governments and representatives of emergency services personnel, selected from among individuals nominated by national organizations representing such governments and personnel, to serve as members of the Working Group.
(4) SUBJECT MATTER EXPERTS.—The director shall appoint individuals who have the requisite technical knowledge and expertise to assist the Working Group in the fulfillment of its duties, including representatives of—
(A) communications service providers;
(B) vendors, developers, and manufacturers of systems, facilities; equipment, and capabilities for the provision of communications services;
(C) third parties that offer the capability of providing technical support to communications service providers for purposes of participating in the National Alert System;
(D) the national organization representing the licensees and permittees of noncommercial broadcast television stations; and
(E) other individuals with technical expertise that would enhance the National Alert System.
(1) DEVELOPMENT OF SYSTEM-CRITICAL RECOMMENDATIONS.—Within 1 year after the date of enactment of this Act, the Working Group shall develop and transmit to the National Alert Office recommendations for—
(A) protocols, including formats, source or originator identification, threat severity, hazard description, and response requirements or recommendations, for alerts to be transmitted via the National Alert System that ensures that alerts are capable of being utilized across the broadest variety of communication technologies, at National, State, and local levels;
(B) procedures for verifying, initiating, modifying, and canceling alerts transmitted via the National Alert System;
(C) guidelines for the technical capabilities of the National Alert System;
(D) guidelines for technical capability that provides for the priority transmission of National Alert System alerts;
(E) guidelines for other capabilities of the National Alert System as specified in this Act; and
(F) standards for equipment and technologies used by the National Alert System.
(2) INTEGRATION OF EMERGENCY AND NATIONAL ALERT SYSTEMS.—The Working Group shall coordinate with the operators of nuclear power plants and other critical infrastructure facilities to integrate emergency alert systems for those facilities with the National Alert System.
(1) INITIAL MEETING.—The initial meeting of the Working Group shall take place not later than 60 days after the date of the enactment of this Act.
(2) OTHER MEETINGS.—After the initial meeting, the Working Group shall meet at the call of the chair.
(3) NOTICE; OPEN MEETINGS.—Any meetings held by the Working Group shall be duly noticed at least 14 days in advance and shall be open to the public.
(e) Gifts and grants.—The Working Group may accept, use, and dispose of gifts or grants of services or property, both real and personal, for purposes of aiding or facilitating the work of the Working Group. Gifts or grants not used at the expiration of the Working Group shall be returned to the donor or grantor.
(1) QUORUM.—One-third of the members of the Working Group shall constitute a quorum for conducting business of the Working Group.
(2) SUBCOMMITTEES.—To assist the Working Group in carrying out its functions, the chair may establish appropriate subcommittees composed of members of the Working Group and other subject matter experts as deemed necessary.
(3) ADDITIONAL RULES.—The Working Group may adopt other rules as needed.
(g) Federal Advisory Committee Act.—Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Working Group.
In this Act:
(1) DIRECTOR.—The term “director” means the director of the National Alert Office.
(2) OFFICE.—The term “Office” means the National Alert Office established by section 4.
(3) NATIONAL ALERT SYSTEM.—The term “National Alert System” means the National Alert System established by section 2.
(4) WORKING GROUP.—The term “Working Group” means the National Alert System Working Group established under section 5.
(a) Funding.—Funding for this Act shall be provided from the Digital Transition and Public Safety Fund in accordance with section 3010 of the Deficit Reduction Act of 2005.
(b) Credit.—The Assistant Secretary for Communications and Information of the Department of Commerce may borrow from the Treasury beginning on October 1, 2006, such sums as may be necessary, but not to exceed $106,000,000, to implement this section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television Transition and Public Safety Fund.