Short title

This Act may be cited as the

First Response Broadcasters Act of 2007

Findings

Congress finds that— (1)in the periods before, during, and after major disasters that occurred not long before the date of enactment of this Act (including Hurricane Katrina, Hurricane Rita, and the terrorist attacks of September 11, 2001), local media organizations (including newspapers, public and private broadcasters, and online publications) provided a valuable public service by transmitting and publishing disaster-related information, guidance, and assistance; (2)local broadcasters, public and private, provided a particularly valuable public service by transmitting evacuation instructions, warnings of impending threats, timely response status updates, and other essential information related to such major disasters to listeners and viewers to whom other forms of media were often unavailable or inaccessible; (3)an inability to access a disaster area may impede the ability of local media organizations to provide such public services; (4)according to the report by the Committee on Homeland Security and Governmental Affairs of the Senate, titled Hurricane Katrina: A Nation Still Unprepared, dated May 2006, It is essential that the news media receive accurate disaster information to circulate to the public. News media can also help inform the public by reporting on rumors and soliciting evidence and comment on their plausibility, if any; (5)according to testimony provided on September 22, 2005, to the Committee on Commerce, Science, and Transportation of the Senate, an estimated 100 Gulf Coast broadcast stations were unable to broadcast as a result of Hurricane Katrina, with approximately 28 percent of television stations and approximately 35 percent of radio stations unable to broadcast in the area affected by Hurricane Katrina; (6)according to testimony provided on September 7, 2005, to the Committee on Energy and Commerce of the House of Representatives, following Hurricane Katrina only 4 of the 41 radio broadcast stations in the New Orleans metropolitan area remained on the air in the immediate aftermath of that hurricane; (7)the only television station in New Orleans to continue transmitting its over-the-air signal uninterrupted during and after Hurricane Katrina was able to do so only as a direct result of steps taken to better protect its transmitter and provide redundant production facilities in the region; (8)fuel and other supply shortages inhibit the ability of a broadcaster to stay on the air and provide essential public information following a major disaster; (9)according to the report by the Committee on Homeland Security and Governmental Affairs of the Senate, titled Hurricane Katrina: A Nation Still Unprepared, dated May 2006, there were instances of Federal authorities confiscating privately-purchased fuel supplies in the area affected by Hurricane Katrina; (10)the ability of several broadcasters in Mississippi to remain on the air was unduly compromised by the confiscation of their privately-purchased fuel supplies; (11)practices put in place following Hurricane Andrew to involve broadcasters in disaster response and expedite access by broadcast engineers to disaster areas for the purpose of repairing critical-to-air facilities and infrastructure has significantly increased the ability of broadcasters in Florida to continue transmitting essential public information during subsequent major disasters; (12)a June 12, 2006, report to the Federal Communications Commission from the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks recommends that cable and broadcasting infrastructure providers, and their contracted workers, be afforded emergency responder status under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and that this designation would remedy many of the access and fuel sharing issues that hampered industry efforts to quickly repair infrastructure following Hurricane Katrina; (13)the partnership of competing radio broadcasters in the wake of Hurricane Katrina, casting aside commercial interests to provide uninterrupted, redundant public information programming from multiple transmission facilities, served the public well and for many hurricane victims was the only source of disaster-related information for many days; (14)other similar models for regional broadcaster cooperation nationwide, such as the initiative by 3 public and private radio groups to cooperatively produce essential disaster-related programming in eastern and central Maine, will further prepare the industry to effectively respond to major disasters; (15)following Hurricane Katrina, a Primary Entry Point station in Louisiana, operating only on generator power until commercial power was restored 2 weeks after the disaster, was instrumental in providing life-saving information to the general public throughout the area as battery-operated radios were the only source of official news and information; (16)as of April 18, 2007, there were 24 States with 1 Primary Entry Point station, 4 States with 2 Primary Entry point stations, 2 Primary Entry Point stations located in territories of the United States, and 2 Primary Entry Point stations under development in Alabama and Mississippi; (17)in the event of a man-made or natural disaster, it is essential to provide for Primary Entry Point stations in any State or territory where there is not a facility, meaning an additional 23 stations are required, located in— (A)Arkansas; (B)Connecticut; (C)Delaware; (D)the District of Columbia; (E)Indiana; (F)Iowa; (G)Kentucky; (H)Maine; (I)Michigan; (J)Nebraska; (K)New Hampshire; (L)New Jersey; (M)Oklahoma; (N)Oregon; (O)Pennsylvania; (P)Rhode Island; (Q)South Dakota; (R)Vermont; (S)West Virginia; (T)Wisconsin; (U)American Samoa; (V)the Northern Mariana Islands; and (W)Guam; and (18)in the event of a man-made or natural disaster, it is essential to provide for the Primary Entry Point stations in larger States where there is currently a facility, but an additional station is required to ensure full sufficient geographic coverage, meaning 2 stations are required, located in— (A)Kansas; and (B)Florida.

Definitions

In this Act— (1)the term Administrator means the Administrator of the Federal Emergency Management Agency; (2)the term disaster area means an area in which the President has declared a major disaster, during the period of that declaration; (3)the term first response broadcaster means a local or regional television or radio broadcaster that provides essential disaster-related public information programming before, during, and after the occurrence of a major disaster; (4)the term major disaster has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and (5)the term Secretary means the Secretary of Homeland Security.

Primary entry point stations

(a)

In general

There are authorized to be appropriated $6,500,000 to the Administrator of the Federal Emergency Management Agency for facility and equipment expenses to construct an additional 25 Primary Entry Point stations in the continental United States and territories. (b)

Definition

In this section, the term Primary Entry Point station means a radio broadcast station designated to provide public information following national and local emergencies where there is no commercial power.

Broadcast disaster preparedness grant program

(a)

Definition

In this section, the term pilot program means the Broadcast Disaster Preparedness Grant Program established under subsection (b). (b)

Establishment

Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a pilot program under which the Administrator may make grants to first response broadcasters, to be known as the Broadcast Disaster Preparedness Grant Program. (c)

Priority

The Administrator may give priority to an application for a grant under the pilot program that— (1)is submitted— (A)on behalf of more than 1 first response broadcaster operating in an area; (B)in cooperation with State or local authorities; (C)on behalf of a first response broadcaster with 50 employees or less; (D)on behalf of a first response broadcaster that is principally owned and operated by individuals residing within the State, county, parish, or municipality in which the broadcaster is located; or (2)provides, in writing, a statement of the intention of the applicant to provide disaster-related programming dedicated to essential public information purposes before, during, and after a major disaster. (d)

Use of funds

A grant under the pilot program shall be used by a first response broadcaster to— (1)protect or provide redundancy for facilities and infrastructure, including transmitters and other at-risk equipment (as determined by the Administrator), critical to the ability of that first response broadcaster to continue to produce and transmit essential disaster-related public information programming; or (2)upgrade or add facilities or equipment that will enhance or expand the ability of the first responder broadcaster to acquire, produce, or transmit essential disaster-related public information programming. (e)

Federal share

The Federal share of an activity carried out with a grant under this section shall be not more than 50 percent. (f)

Termination

The authority to make grants under the pilot program shall terminate at the end of the third full fiscal year after the date of enactment of this Act. (g)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out the pilot program $10,000,000 for each of fiscal years 2008 through 2010.

First response broadcaster access following a major disaster

(a)

Access

Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is amended— (1)in subsection (a)(3)(B), by inserting (including providing fuel, food, water, and other supplies to first response broadcasters, after providing essential emergency services, health care, and utility restoration services) before the semicolon at the end; and (2)in subsection (c)(6)— (A)by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (B)by inserting before subparagraph (B), as so redesignated, the following:

(A)

First response broadcaster

The term first response broadcaster has the meaning given that term in section 707.

(b)

Confiscation

Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end the following:

707.

Confiscation from first response broadcasters

(a)

Definition

In this section, the term first response broadcaster means a local or regional television or radio broadcaster that provides essential disaster-related public information programming before, during, and after a major disaster. (b)

In general

In the event of a major disaster, and to the extent practicable and consistent with not endangering public safety, a Federal officer or employee may not confiscate fuel, water, or food from a first response broadcaster if that first response broadcaster adequately documents that such supplies will be used to enable that broadcast first responder to broadcast essential disaster-related public information programming in the area affected by that major disaster.

(c)

Restoration of services

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended— (1)by redesignating section 425 (42 U.S.C. 5189e) (relating to essential service providers) as section 427; and (2)in section 427, as so redesignated, by adding at the end the following:

(d)

First response broadcasters

(1)

Definition

In this subsection, the term first response broadcaster has the meaning given that term in section 707. (2)

In general

In the event of a major disaster, the head of a Federal agency, in consultation with appropriate State and local government authorities, and to the greatest extent practicable and consistent with not endangering public safety or inhibiting recovery efforts, shall allow access to the area affected by that major disaster for technical personnel, broadcast engineers, and equipment needed to restore, repair, or resupply any facility or equipment critical to the ability of a first response broadcaster to continue to acquire, produce, and transmit essential disaster-related public information programming, including the repair and maintenance of transmitters and other facility equipment and transporting fuel for generators. (3)

News gathering employees

This subsection shall not apply to news gathering employees or agents of a first response broadcaster.

(d)

Guidelines for press

(1)

Definitions

In this subsection— (A)the term credentialing authority means a Federal, State, or local government agency that— (i)issues press credentials; and (ii)permits and coordinates access to a designated location or area on the basis of possessing such press credentials; (B)the term press credential means the identification provided to news personnel to identify such personnel as members of the press; and (C)the term news personnel includes a broadcast journalist or technician, newspaper or periodical reporter, photojournalist, and member of a similar professional field whose primary interest in entering the disaster area is to gather information related to the disaster for wider publication or broadcast. (2)

Access to disaster area

For purposes of permitting and coordinating access by news personnel to a disaster area— (A)any State or local government agency that serves as the primary credentialing authority for that disaster area before the date of the applicable major disaster shall remain the primary credentialing authority during and after that major disaster, unless— (i)the State or local government agency voluntarily relinquishes the ability to serve as primary credentialing authority to another agency; or (ii)the State or local government agency, in consultation with appropriate Federal disaster response agencies, assigns certain duties, including primary credentialing authority, to the Federal Emergency Management Agency or another appropriate Federal, State, or local government agency; and (B)the Federal Emergency Management Agency and other appropriate Federal disaster response agencies operating in a disaster area shall permit and coordinate news personnel access to the disaster area consistent with the access guidelines determined by the primary credentialing authority for that disaster area. (3)

Catastrophic incident access

In the event of a catastrophic incident (as that term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311)) that leaves a State or local primary credentialing authority unable to execute the duties of that credentialing authority described under paragraph (2) or to effectively communicate to Federal officials a determination regarding the intent of that credentialing authority to retain, relinquish, or assign its status as the primary credentialing authority, the Secretary may designate the Federal Emergency Management Agency or another Federal agency as the interim primary credentialing authority, until such a time as the State or local credentialing authority notifies the Secretary of whether that authority intends to retain, relinquish, or assign its status.