H.R.5785 - Warning, Alert, and Response Network Act109th Congress (2005-2006)
Bill
Hide Overview| 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)
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5785 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5785
To establish a unified national hazard alert system, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2006
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
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Warning, Alert, and Response Network
Act''.
SEC. 2. NATIONAL ALERT SYSTEM.
(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.
(b) Functions.--The National Alert System--
(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.
(c) Capabilities.--The National Alert System--
(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.
(d) Reception of Alerts.--The National Alert System shall--
(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.
SEC. 3. IMPLEMENTATION AND USE.
(a) Authority To Access System.--
(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.
(3) Scope and limitations of credentials.--The Office
shall--
(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.
(4) Periodic training.--The Office shall--
(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.
(b) Allowable Alerts.--
(1) In general.--Any alert transmitted via the National
Alert System, other than an alert described in paragraph (3),
shall meet 1 or more of the following requirements:
(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.
(2) Event eligibility regulations.--The director of the
National Alert Office, in consultation with the Working Group,
shall by regulation specify--
(A) the classes of events or situations for which
the National Alert System may be used to alert the
public; and
(B) the content of the types of alerts that may be
transmitted by or through use of the National Alert
System, which may include--
(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.
(c) Access Points.--The National Alert System shall provide--
(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.
(d) Election To Carry Service.--
(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.
(2) Election to carry 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.
(D) Withdrawal from or later entry into system.--
The Commission shall establish a procedure for--
(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.
(e) Digital Television Transmission Towers.--
(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.
SEC. 4. NATIONAL ALERT OFFICE.
(a) Establishment.--
(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.
(b) Functions and Responsibilities.--
(1) In General.--The Office shall administer, operate, and
manage the National Alert System.
(2) Implementation of Working Group Recommendations.--The
Office shall be responsible for implementing the
recommendations of the Working Group established by section 5
regarding--
(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.
(3) Transmission of Alerts.--In administering the National Alert
System, the director of the National Alert Office shall ensure that--
(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.
(c) Reports.--
(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.
(d) GAO Audits.--
(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.
SEC. 5. NATIONAL ALERT SYSTEM WORKING GROUP.
(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.
(b) Membership.--
(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.
(c) Duties of the Working Group.--
(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.
(d) Meetings.--
(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.
(f) Rules.--
(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.
SEC. 6. DEFINITIONS.
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.
SEC. 7. FUNDING.
(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.
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