[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6351 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6351

  To establish a voluntary framework through which commercial mobile 
      service providers can elect to transmit emergency alerts to 
                              subscribers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2006

 Mr. Barton of Texas introduced the following bill; which was referred 
    to the Committee on Energy and Commerce, and in addition to the 
    Committees on Science and Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To establish a voluntary framework through which commercial mobile 
      service providers can elect to transmit emergency alerts to 
                              subscribers.

    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. FEDERAL COMMUNICATIONS COMMISSION DUTIES.

    (a) Commercial Mobile Service Alert Regulations.--Within 180 days 
after the date on which the Commercial Mobile Service Alert Advisory 
Committee, established pursuant to section 3(a), transmits 
recommendations to the Federal Communications Commission, the 
Commission shall complete a proceeding to adopt relevant technical 
standards, protocols, procedures, and other technical requirements 
based on the recommendations of such Advisory Committee necessary to 
enable commercial mobile service alerting capability for commercial 
mobile service providers that voluntarily elect to transmit emergency 
alerts. The Commission shall consult with the National Institute of 
Standards and Technology regarding the adoption of technical standards 
under this subsection.
    (b) Commercial Mobile Service Election.--
            (1) Amendment of commercial mobile service license.--Within 
        120 days after the date on which the Federal Communications 
        Commission adopts relevant technical standards and other 
        technical requirements pursuant to subsection (a), the 
        Commission shall complete a proceeding--
                    (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 emergency alerts to subscribers to, or users 
                of, the commercial mobile service provided by such 
                licensee;
                    (B) to require any licensee providing commercial 
                mobile service that elects, in whole or in part, under 
                paragraph (2) not to transmit emergency alerts to 
                provide clear and conspicuous notice at the point of 
                sale of any devices with which its commercial mobile 
                service is included, that it will not transmit such 
                alerts via the service it provides for the device; and
                    (C) to require any licensee providing commercial 
                mobile service that elects under paragraph (2) not to 
                transmit emergency alerts to notify its existing 
                subscribers of its election.
            (2) Election.--
                    (A) In general.--Within 30 days after the 
                Commission issues its order under paragraph (1), each 
                licensee providing commercial mobile service shall file 
                an election with the Commission with respect to whether 
                or not it intends to transmit emergency alerts.
                    (B) Transmission standards; notification.--If a 
                licensee providing commercial mobile service elects to 
                transmit emergency alerts via its commercial mobile 
                service, the licensee shall--
                            (i) notify the Commission of its election; 
                        and
                            (ii) agree to transmit such alerts in a 
                        manner consistent with the technical standards, 
                        protocols, procedures and other technical 
                        requirements implemented by the Commission.
                    (C) No fee for service.--A commercial mobile 
                service licensee that elects to transmit emergency 
                alerts may not impose a separate or additional charge 
                for such transmission or capability.
                    (D) Withdrawal; late election.--The Commission 
                shall establish a procedure--
                            (i) for a commercial mobile service 
                        licensee that has elected to transmit emergency 
                        alerts to withdraw its election without 
                        regulatory penalty or forfeiture upon advance 
                        written notification of the withdrawal to its 
                        affected subscribers;
                            (ii) for a commercial mobile service 
                        licensee to elect to transmit emergency alerts 
                        at a date later than provided in subparagraph 
                        (A); and
                            (iii) under which a subscriber may 
                        terminate a subscription to service provided by 
                        a commercial mobile service licensee that 
                        withdraws its election without penalty or early 
                        termination fee.
                    (E) Consumer choice technology.--Any commercial 
                mobile service licensee electing to transmit emergency 
                alerts may offer subscribers the capability of 
                preventing the subscriber's device from receiving such 
                alerts, or classes of such alerts, other than an alert 
                issued by the President. Within 2 years after the 
                Commission completes the proceeding under paragraph 
                (1), the Commission shall examine the issue of whether 
                a commercial mobile service provider should continue to 
                be permitted to offer its subscribers such capability. 
                The Commission shall submit a report with its 
                recommendations to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Energy and Commerce of the House of Representatives.
    (c) Digital Television Transmission Towers Retransmission 
Capability.--Within 90 days after the date on which the Commission 
adopts relevant technical standards based on recommendations of the 
Commercial Mobile Service Alert Advisory Committee, established 
pursuant to section 3(a), the Commission shall complete a proceeding to 
require licensees and permittees of noncommercial educational broadcast 
stations or public broadcast stations (as those terms are defined in 
section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))) to 
install necessary equipment and technologies on, or as part of, any 
broadcast television digital signal transmitter to enable the 
distribution of geographically targeted alerts by commercial mobile 
service providers that have elected to transmit emergency alerts under 
this section.
    (d) FCC Regulation of Compliance.--The Federal Communications 
Commission may enforce compliance with this Act but shall have no 
rulemaking authority under this Act, except as provided in subsections 
(a), (b), (c), and (f).
    (e) Limitation of Liability.--
            (1) In general.--Any commercial mobile service provider 
        (including its officers, directors, employees, vendors, and 
        agents) that transmits emergency alerts and meets its 
        obligations under this Act shall not be liable to any 
        subscriber to, or user of, such person's service or equipment 
        for--
                    (A) any act or omission related to or any harm 
                resulting from the transmission of, or failure to 
                transmit, an emergency alert; or
                    (B) the release to a government agency or entity, 
                public safety, fire service, law enforcement official, 
                emergency medical service, or emergency facility of 
                subscriber information used in connection with 
                delivering such an alert.
            (2) Election not to transmit alerts.--The election by a 
        commercial mobile service provider under subsection (b)(2)(A) 
        not to transmit emergency alerts, or to withdraw its election 
        to transmit such alerts under subsection (b)(2)(D) shall not, 
        by itself, provide a basis for liability against the provider 
        (including its officers, directors, employees, vendors, and 
        agents).
    (f) Testing.--The Commission shall require by regulation technical 
testing for commercial mobile service providers that elect to transmit 
emergency alerts and for the devices and equipment used by such 
providers for transmitting such alerts.

SEC. 3. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the chairman of the Federal Communications 
Commission shall establish an advisory committee, to be known as the 
Commercial Mobile Service Alert Advisory Committee (referred to in this 
section as the ``Advisory Committee'').
    (b) Membership.--The chairman of the Federal Communications 
Commission shall appoint the members of the Advisory Committee, as soon 
as practicable after the date of enactment of this Act, from the 
following groups:
            (1) State and local government representatives.--
        Representatives of State and local governments and 
        representatives of emergency response providers, selected from 
        among individuals nominated by national organizations 
        representing such governments and personnel.
            (2) Tribal governments.--Representatives from Federally 
        recognized Indian tribes and National Indian organizations.
            (3) Subject matter experts.--Individuals who have the 
        requisite technical knowledge and expertise to serve on the 
        Advisory Committee 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-party service bureaus;
                    (D) technical experts from the broadcasting 
                industry;
                    (E) the national organization representing the 
                licensees and permittees of noncommercial broadcast 
                television stations;
                    (F) national organizations representing individuals 
                with special needs, including individuals with 
                disabilities and the elderly; and
                    (G) other individuals with relevant technical 
                expertise.
            (4) Qualified representatives of other stakeholders and 
        interested parties.--Qualified representatives of such other 
        stakeholders and interested and affected parties as the 
        chairman deems appropriate.
    (c) Development of System-Critical Recommendations.--Within 1 year 
after the date of enactment of this Act, the Advisory Committee shall 
develop and submit to the Federal Communications Commission 
recommendations--
            (1) for protocols, technical capabilities, and technical 
        procedures through which electing commercial mobile service 
        providers receive, verify, and transmit alerts to subscribers;
            (2) for the establishment of technical standards for 
        priority transmission of alerts by electing commercial mobile 
        service providers to subscribers;
            (3) for relevant technical standards for devices and 
        equipment and technologies used by electing commercial mobile 
        service providers to transmit emergency alerts to subscribers;
            (4) for the technical capability to transmit emergency 
        alerts by electing commercial mobile providers to subscribers 
        in languages in addition to English, to the extent practicable 
        and feasible;
            (5) under which electing commercial mobile service 
        providers may offer subscribers the capability of preventing 
        the subscriber's device from receiving emergency alerts, or 
        classes of such alerts, (other than an alert issued by the 
        President), consistent with section 2(b)(2)(E);
            (6) for a process under which commercial mobile service 
        providers can elect to transmit emergency alerts if--
                    (A) not all of the devices or equipment used by 
                such provider are capable of receiving such alerts; or
                    (B) the provider cannot offer such alerts 
                throughout the entirety of its service area; and
            (7) as otherwise necessary to enable electing commercial 
        mobile service providers to transmit emergency alerts to 
        subscribers.
    (d) Meetings.--
            (1) Initial meeting.--The initial meeting of the Advisory 
        Committee 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 
        Advisory Committee shall meet at the call of the chair.
            (3) Notice; open meetings.--Any meetings held by the 
        Advisory Committee shall be duly noticed at least 14 days in 
        advance and shall be open to the public.
    (e) Rules.--
            (1) Quorum.--One-third of the members of the Advisory 
        Committee shall constitute a quorum for conducting business of 
        the Advisory Committee.
            (2) Subcommittees.--To assist the Advisory Committee in 
        carrying out its functions, the chair may establish appropriate 
        subcommittees composed of members of the Advisory Committee and 
        other subject matter experts as deemed necessary.
            (3) Additional rules.--The Advisory Committee may adopt 
        other rules as needed.
    (f) 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 Commercial Mobile Service 
Alert Advisory Committee.
    (g) Consultation With NIST.--The Advisory Committee shall consult 
with the National Institute of Standards and Technology in its work on 
developing recommendations under subsections (c)(2) and (c)(3).

SEC. 4. RESEARCH AND DEVELOPMENT.

    (a) In General.--The Undersecretary of Homeland Security for 
Science and Technology, in consultation with the director of the 
National Institute of Standards and Technology and the chairman of the 
Federal Communications Commission, shall establish a research, 
development, testing, and evaluation program based on the 
recommendations of the Commercial Mobile Service Alert Advisory 
Committee, established pursuant to section 3(a), to support the 
development of technologies to increase the number of commercial mobile 
service devices that can receive emergency alerts.
    (b) Functions.--The program established under subsection (a) 
shall--
            (1) fund research, development, testing, and evaluation at 
        academic institutions, private sector entities, government 
        laboratories, and other appropriate entities; and
            (2) ensure that the program addresses, at a minimum--
                    (A) developing innovative technologies that will 
                transmit geographically targeted emergency alerts to 
                the public; and
                    (B) research on understanding and improving public 
                response to warnings.

SEC. 5. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.

    (a) Grant Program.--The Undersecretary of Commerce for Oceans and 
Atmosphere, in consultation with the Secretary of Homeland Security, 
shall establish a program under which grants may be made to provide for 
outdoor alerting technologies in remote communities effectively 
unserved by commercial mobile service (as determined by the Federal 
Communications Commission within 180 days after the date of enactment 
of this Act) for the purpose of enabling residents of those communities 
to receive emergency alerts.
    (b) Applications and Conditions.--In conducting the program, the 
Undersecretary--
            (1) shall establish a notification and application 
        procedure; and
            (2) may establish such conditions, and require such 
        assurances, as may be appropriate to ensure the efficiency and 
        integrity of the grant program.
    (c) Sunset.--The Undersecretary may not make grants under 
subsection (a) more than 5 years after the date of enactment of this 
Act.
    (d) Limitation.--The sum of the amounts awarded for all fiscal 
years as grants under this section may not exceed $10,000,000.

SEC. 6. FUNDING.

    (a) In General.--In addition to any amounts provided by 
appropriation Acts, funding for this Act shall be provided from the 
Digital Transition and Public Safety Fund in accordance with section 
3010 of the Digital Television Transition and Public Safety Act of 2005 
(47 U.S.C. 309 note).
    (b) Compensation.--The Assistant Secretary of Commerce for 
Communications and Information shall compensate any such broadcast 
station licensee or permittee for reasonable costs incurred in 
complying with the requirements imposed pursuant to section 2(c) from 
funds made available under this section. The Assistant Secretary shall 
ensure that sufficient funds are made available to effectuate 
geographically targeted alerts.
    (c) Credit.--The Assistant Secretary of Commerce for Communications 
and Information, in consultation with the Undersecretary of Homeland 
Security for Science and Technology and the Undersecretary of Commerce 
for Oceans and Atmosphere, 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 Act. The Assistant Secretary of 
Commerce for Communications and Information shall ensure that the Under 
Secretary of Homeland Security for Science and Technology and the 
Undersecretary of Commerce for Oceans and Atmosphere are provided 
adequate funds to carry out their responsibilities under sections 4 and 
5 of this Act. The Treasury shall be reimbursed, without interest, from 
amounts in the Digital Television Transition and Public Safety Fund as 
funds are deposited into the Fund.
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