[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4949 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4949

To direct the Secretary of Homeland Security, the Secretary of Defense, 
  the Secretary of Health and Human Services, and the Director of the 
  Federal Communications Commission to take certain actions regarding 
 civil defense related to the growing ballistic missile threat and the 
  communications errors in Hawaii on January 13, 2018, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2018

   Ms. Gabbard (for herself, Mr. Young of Alaska, and Ms. Hanabusa) 
 introduced the following bill; which was referred to the Committee on 
Armed Services, and in addition to the Committees on Transportation and 
      Infrastructure, and Energy and Commerce, 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 direct the Secretary of Homeland Security, the Secretary of Defense, 
  the Secretary of Health and Human Services, and the Director of the 
  Federal Communications Commission to take certain actions regarding 
 civil defense related to the growing ballistic missile threat and the 
  communications errors in Hawaii on January 13, 2018, 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 ``Civil Defense Accountability Act of 
2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On January 13, 2018, a ballistic missile alert reading: 
        ``BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE 
        SHELTER. THIS IS NOT A DRILL'' was sent in error to individuals 
        in the State of Hawaii, and was not corrected for 38 minutes, 
        traumatizing Hawaii residents and visitors.
            (2) The National Security Strategy of the President, dated 
        December 18, 2017, noted the following:
                    (A) ``As missiles grow in numbers, types, and 
                effectiveness, to include those with greater ranges, 
                they are the most likely means for states like North 
                Korea to use a nuclear weapon against the United 
                States.''.
                    (B) North Korea ``has spent hundreds of millions of 
                dollars on nuclear, chemical, and biological weapons 
                that could threaten our homeland''.
                    (C) ``North Korea seeks the capability to kill 
                millions of Americans with nuclear weapons.''.
            (3) Due to the heightened threat level of conflict with 
        North Korea, the State of Hawaii has begun to implement monthly 
        outdoor warning siren system tests for the first time since the 
        end of the Cold War.
            (4) According to the Hawaii Emergency Management Agency, a 
        North Korean ballistic missile would reach Hawaii approximately 
        20 minutes after launch.
            (5) According to the Missile Defense Agency, 
        ``sophisticated ballistic missile technology is available on a 
        wider scale than ever to countries hostile to the U.S. and our 
        allies. As those countries continue to develop and exchange 
        this technology, there is also an increasing threat of those 
        technologies falling into the hands of hostile non-state 
        groups.''.

SEC. 3. REPORT REGARDING BALLISTIC MISSILE CIVIL DEFENSE NOTIFICATION 
              PROTOCOLS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Director of the Federal Communications Commission and the Secretary 
of Homeland Security, shall submit to Congress a report regarding 
current notification protocols regarding ballistic missile threats. 
Such report shall include assessments of notifications required under 
Federal law or regulations--
            (1) after a ballistic missile threat is identified, 
        including notifications to Federal and State entities;
            (2) during a ballistic missile threat, including 
        communications between Federal and State entities; and
            (3) regarding ballistic missile impact warnings to Federal 
        and State entities and the general public.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex.

SEC. 4. CIVIL DEFENSE EMERGENCY BEST PRACTICES.

    (a) Study.--(1) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, acting 
through the Federal Emergency Management Agency, shall conduct a study 
to identify best practices of the States selected under paragraph (2) 
regarding civil defense emergencies. Such study shall identify the 
following:
                    (A) Plans of each State regarding communications 
                between State, local, and Federal entities before, 
                during, and after a civil defense emergency.
                    (B) Plans of each State to communicate with 
                residents before, during, and after a civil defense 
                emergency.
                    (C) Plans of each State to educate residents 
                regarding civil defense emergencies.
                    (D) Security plans of each State and local law 
                enforcement agencies of each State regarding civil 
                defense emergencies.
                    (E) Contingency plans of each State to deliver aid, 
                food, water, and temporary shelter in a civil defense 
                emergency.
    (2) The Secretary of Homeland Security shall select not fewer than 
13 States to participate in the study under this subsection, 
including--
            (A) Hawaii, Alaska, California, and Washington;
            (B) not fewer than five other States that border on an 
        ocean or the Gulf of Mexico; and
            (C) not fewer than five other States that do not so border 
        an ocean or the Gulf of Mexico.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit to Congress a report regarding the following:
                    (A) The study under subsection (a).
                    (B) Deficiencies identified by the Secretary in 
                existing State practices regarding civil defense 
                emergencies.
                    (C) Best practices identified by the Secretary 
                regarding civil defense emergencies.
                    (D) Best modes and methods used to provide public 
                instructions once a civil defense emergency is 
                declared.
                    (E) Plans of the Secretary to improve outreach to 
                the general public regarding civil defense emergencies.
            (2) Form.--The report required under this subsection shall 
        be submitted in unclassified form, but may contain a classified 
        annex.
            (3) Dissemination to the states.--Not later than 270 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall disseminate the unclassified portions 
        of the report required under this subsection to the chief 
        executive of each State.

SEC. 5. INCIDENT REPORTS REGARDING THE BALLISTIC MISSILE FALSE ALARM 
              THAT OCCURRED ON JANUARY 13, 2018.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, each key official shall submit to Congress an 
unclassified report, with a classified annex if necessary, regarding 
the actions of the respective Federal department or agency of the key 
official with respect to the ballistic missile false alarm that 
occurred on January 13, 2018, in the State of Hawaii. Each report under 
this section shall include recommendations of the key official who 
submits each such report regarding corrective actions that such key 
official determines will diminish the possibility of another ballistic 
missile false alarm.
    (b) Publication.--Each key official who submits a report under 
subsection (a) shall publish on a publicly available website of the 
respective Federal department or agency of each such key official the 
unclassified portion of each such report.
    (c) Key Official Defined.--In this section, the term ``key 
official'' includes--
            (1) the Secretary of Defense;
            (2) the Administrator of the Federal Emergency Management 
        Agency; and
            (3) the Director of the Federal Communications Commission.

SEC. 6. PUBLIC HEALTH RECOMMENDATIONS.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Office of the Assistant Secretary for Preparedness 
and Response of the Department of Health and Human Services, shall 
submit to Congress and publish online a report regarding the ability of 
the Department and health care providers to respond to attacks in the 
United States with biological, chemical, radiological, or nuclear 
weapons. The report under this section shall include the following:
            (1) Assessments of current readiness of the Department and 
        health care providers to respond to such attacks.
            (2) Recommendations to Congress and to health care 
        providers that the Secretary determines will improve readiness 
        described in paragraph (1).
    (b) Outreach.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
develop and implement a public outreach program in coordination with 
State and local government entities regarding recommendations contained 
in the report required under subsection (a).
    (c) Grants.--The Secretary of Health and Human Services shall take 
into consideration the recommendations in the report required under 
subsection (a) when issuing grants under the Public Health Emergency 
Preparedness cooperative agreement and the Hospital Preparedness 
Program.

SEC. 7. DEFINITION.

    In this Act, the term ``State'' means each of the several States of 
the United States, the District of Columbia, and any territory, 
commonwealth, or possession of the United States.
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