[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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