[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1223 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 1223
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to support efforts by local or regional television or
radio broadcasters to provide essential public information programming
in the event of a major disaster, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2007
Ms. Landrieu (for herself, Mr. Stevens, Mr. Carper, and Mr. Pryor)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to support efforts by local or regional television or
radio broadcasters to provide essential public information programming
in the event of a major disaster, 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 ``First Response Broadcasters Act of
2007''.
SEC. 2. 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.
SEC. 3. 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.
SEC. 4. 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.
SEC. 5. 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.
SEC. 6. 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:
``SEC. 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.
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