To establish a unified national hazard alert system, and for other purposes.

September 22, 2005

Mr. DEMINT (for himself, Mr. STEVENS, Mr. INOUYE, Mr. NELSON of Nebraska, Mr. VITTER, Mr. LOTT, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Warning, Alert, and Response Network Act'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Establishment of all hazards alert system.

Sec. 3. National program office.

Sec. 4. Working group on national alert system.

Sec. 5. Grant program for remote community alert systems.

Sec. 6. Characteristics of alerts.

Sec. 7. Implementation and use of system.

Sec. 8. Definitions.

Sec. 9. Authorization of appropriations.

SEC. 2. ESTABLISHMENT OF ALL HAZARDS ALERT SYSTEM.

(a) ESTABLISHMENT- There is established an all hazards alert system that--

(1) will enable any appropriate Federal department or agency or State or local governmental entity to alert the public to any imminent threat from natural phenomena, accidents, natural disasters, terrorist activity, and other emergency situations that present a significant risk of injury or death to the public;

(2) will be coordinated with and supplement existing Federal, State, and local emergency warning and alert system;

(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 in response to natural hazards, hazardous materials incidents, and terrorist attacks across the greatest possible variety of media, including digital and analog broadcast, cable, and satellite television and radio, wireless telecommunications, and hardwire telecommunications, to reach the largest portion of the affected population.

(b) TECHNOLOGY- The System--

(1) shall incorporate multiple technologies for effecting mass communications and be designed to adapt to, and incorporate, future technologies for communicating directly with the public;

(2) include mechanisms and technologies to ensure that members of the public with disabilities are able to receive alerts and information provided through the System;

(3) may not interfere with existing alert, warning, or emergency communications systems employed by Federal, State, or local emergency response personnel;

(4) shall be designed to provide alerts over as diverse a group of media as possible, to include digital and analog broadcast, cable, and satellite television and radio, wireless telecommunications, and landline communications and technologies for communicating within rural communities;

(5) shall incorporate existing emergency alert technologies currently utilized by digital and analog broadcast, cable, and satellite television and radio; and

(6) shall incorporate technologies to alert traditionally underserved communities.

(c) OFFICIAL ACCESS AND ACTIVATION- The director shall implement procedures that ensure that--

(1) the System is available to, and enables, credentialed personnel to access and utilize the System to provide geographically targeted alerts where such alerts are appropriate; and

(2) the System is available to, and enables, State and local public safety officials to provide alerts for hazards within their respective jurisdictions subject to a mechanism developed by the Working Group for verifying the legitimacy and authenticity of a proffered System alert, ensuring the proffered alert's compliance with regulations established by the Office, and guaranteeing the integrity of a System alert from the point of origination to delivery.

(d) PUBLIC ACCESS- The 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 System;

(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; and

(3) incorporate means by which an individual may remove a passive alert device from the System or otherwise block alerts transmitted through the device to the individual on a device owned or controlled by that individual.

(e) EAS COORDINATION AND REQUIREMENTS- The director shall work with the Federal Communications Commission to ensure that the System--

(1) complements, rather than duplicates, the current emergency alert system; and

(2) obtains the maximum benefit possible from the utilization of existing research and development, technologies, and processes developed for or utilized by the emergency alert system.

(f) EMERGENCY ALERT SYSTEM- Notwithstanding any other provision of law, all broadcast licensees or permittees engaged in digital broadcasting shall broadcast any emergency alert, including alerts under the emergency alert system established pursuant to sections 1, 4, 303, and 706 of the Communications Act of 1934 (47 U.S.C. 151, 154, 303, and 606) governing war emergency powers of the President of the United States, at the request of--

(1) the President of the United States;

(2) the Secretary of Homeland Security; or

(3) a governor of a State in which it broadcasts.

SEC. 3. NATIONAL PROGRAM OFFICE.

(a) ESTABLISHMENT-

(1) IN GENERAL- The National Program Office is established within the National Oceanic and Atmospheric 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 telecommunications 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 System.

(b) FUNCTIONS AND RESPONSIBILITIES-

(1) IN GENERAL- The Office shall conduct the day-to-day operation and management of the System.

(2) IMPLEMENTATION OF WORKING GROUP RECOMMENDATIONS- The Office shall be responsible for implementing the recommendations of the Working Group established by section 4 regarding--

(A) the technical issuance of alerts;

(B) the incorporation of new technologies into the System; and

(C) the technical capabilities of the System.

(c) REPORTS-

(1) INITIAL PROGRESS REPORT- Fifteen months after the date of enactment of this Act, the director shall transmit a report to the President, the Senate Committee on Commerce, Science, and Transportation and Committee on Homeland Security and Governmental Affairs and the House of Representatives Committee on Energy and Commerce and Committee on Homeland Security concerning--

(A) the progress made toward operational activation of the System; and

(B) the anticipated date on which the System will be activated.

(2) ANNUAL REPORTS- The director shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and Committee on Homeland Security and Governmental Affairs and the House of Representatives Committee on Energy and Commerce and Committee on Homeland Security on the status of, and plans for, the System.

(3) 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 warning technologies for the System. The plan shall serve as the long-term planning document for the Office.

(d) RESEARCH AND DEVELOPMENT PROGRAM- The director shall establish a research and development program to support the development of technology that will enable all existing and future providers of communications services and all existing and future communications devices to be utilized effectively with the System.

SEC. 4. WORKING GROUP ON NATIONAL ALERT SYSTEM.

(a) ESTABLISHMENT OF WORKING GROUP- Not later than 60 days after the date of enactment of this Act, the director of the National Program Office shall establish a working group, to be known as the Working Group on the National Alert System. The director of the Office shall serve as chairperson of the Working Group.

(b) MEMBERSHIP-

(1) FEDERAL GOVERNMENT- The membership of the Working Group shall include appropriate personnel from the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the Federal Communications Commission, and the Federal Emergency Management Agency. The chair may also include in the Working Group representatives of other Federal agencies as appropriate.

(2) STATE AND LOCAL GOVERNMENTS, ETC- The Working Group shall include 8 representatives from State and local governments and 5 representatives of emergency services personnel, selected by national organizations representing such governments and personnel.

(3) COMMUNICATIONS SERVICE PROVIDERS- Membership in the Working Group shall be open to representatives of--

(A) communications service providers,

(B) vendors, developers, and manufacturers of facilities, equipment, and capabilities for the provision of communications services, and

(C) trusted third party service bureaus,

who have the requisite technical knowledge and expertise to assist the Working Group in the fulfillment of its duties.

(4) APPOINTMENTS- The initial meeting of the Working Group shall take place not later than 60 days after the date of the enactment of this Act.

(5) VACANCIES- Any vacancy in the Working Group shall not affect its powers, but shall be filled in the same manner as the original appointment.

(c) DUTIES OF THE WORKING GROUP- Not later than 1 year after the enactment of this Act, the Working Group shall transmit to the director--

(1) a description of the emergency alert service to be provided by the System;

(2) guidelines for the technical capabilities of the System;

(3) guidelines for technical capability that provides for the priority transmission of System alerts;

(4) guidelines for the other capabilities of the System as specified in this Act; and

(5) standards to which the equipment and technologies in the System must conform.

(d) ACCEPTANCE OF 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.

(e) OTHER RESOURCES- The Working Group shall have reasonable access to--

(1) materials, resources, data, and other information from the National Institute of Standards and Technology, the Department of Commerce and its agencies, the Department of Homeland Security and its bureaus, and the Federal Communications Commission; and

(2) the facilities of any such agency for purposes of conducting meetings.

(f) RULES OF THE WORKING GROUP-

(1) QUORUM- One-third of the members of the Working Group shall constitute a quorum for conducting business of the Working Group.

(2) MEETINGS- The chairperson shall convene 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.

(3) PUBLIC NOTICE AND COMMENT- The Working Group shall provide public notice and an opportunity for public comment on each of the matters committed to it.

(4) SUBCOMMITTEES- To assist the Working Group in carrying out its functions, the chairperson may establish appropriate subcommittees composed of members of the Working Group and other subject matter experts as deemed necessary.

(5) 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. 5. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.

(a) GRANT PROGRAM- The Office shall establish a program under which grants may be made to provide for the installation of technologies in remote communities effectively unserved by broadcast and wireless technologies for the purpose of enabling residents of those communities to receive System alerts.

(b) APPLICATIONS AND CONDITIONS- In conducting the program, the director of the Office--

(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.

SEC. 6. CHARACTERISTICS OF ALERTS.

(a) IN GENERAL- The System shall be capable of--

(1) notifying the public of hazardous situations that pose an imminent threat to the public health or safety;

(2) providing appropriate instructions for actions to be taken by individuals affected or potentially affected by such a situation;

(3) transmitting public address by Federal, State, or local officials; and

(4) notifying the public of when the hazardous situation has ended or brought under control.

(b) EVENT ELIGIBILITY REGULATIONS- The Office shall by regulation specify--

(1) the classes of events or situations for which the System may be used to alert the public; and

(2) the types of alerts that may be transmitted by or through use of the System.

(c) VOLUNTARY ALERTS RETRANSMITTAL- The System shall be capable of transmitting alerts that are not of a nature described in subsection (a) subject to the requirement that any recipient of such an alert shall take appropriate action to receive the alert.

SEC. 7. IMPLEMENTATION AND USE OF SYSTEM.

(a) Credentialing-

(1) IN GENERAL- The System shall include a credentialing process for public officials with responsibility for issuing safety warnings to the public that will enable them to access the System.

(2) REVIEW OF REQUESTS- The Office shall review and approve requests for credentials from Federal, State, and local government agencies. All such requests shall be submitted to the Office by the head of the Federal department or agency, or the governor of the State, concerned.

(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 System only for alerts that are consistent with the jurisdiction, authority, and basis for eligibility of the individual credentialed to use the System.

(4) PERIODIC TRAINING- The Office shall--

(A) establish a periodic training program for individuals credentialed to use the System; and

(B) require credentialed individuals to undergo periodic training under the program as a prerequisite for retaining their credentials to use the system.

(b) ACCESS POINTS- The System shall provide--

(1) widely dispersed multiple access points to credentialed Federal, State, and local officials to input appropriate alerts into the System for retransmission to citizens; and

(2) system redundancies to ensure functionality in the event of partial system failures, power failures, or other interruptive events.

(c) OPERATIONAL ANNOUNCEMENT- The director of the National Program Office shall notify the President and the Congress when the System is operational, ready to be deployed, and capable of transmitting alerts across a variety of media to the public.

(d) Election To Carry Service-

(1) AMENDMENT OF LICENSE- Within 60 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a proceeding--

(A) to allow any licensee providing mobile service (as defined in section 3(27) of the Communications Act of 1934 (47 U.S.C. 153(27))) to transmit 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 System alerts, to disclose to potential subscribers to its mobile service, at the point of sale of any devices with which its service is included, that it will not transmit System alerts via its service.

(2) ELECTION TO CARRY SERVICE-

(A) IN GENERAL- Within 60 days after transmittal by the Working Group of the requirements under section 4(c), each such licensee shall--

(i) file an election with the Commission with respect to whether or not it intends to participate in the transmission of System alerts; and

(ii) if it elects to participate, certify to the Commission that it will do so in a manner consistent with the standards and protocols implemented by the National Program Office.

(B) WITHDRAWAL FROM OR LATER ENTRY INTO SYSTEM- The Commission shall establish a procedure for--

(i) participating licensees to withdraw from the System; and

(ii) licensees to enter the System at a date later than provided in subparagraph (A).

(3) LIMITATION OF LIABILITY- A licensee described in paragraph (1) shall not be liable to any subscriber to, or user of, such licensee's mobile service for--

(A) any act or omission related to or any harm resulting from the transmission of, or failure to transmit, a System alert to such subscriber or user;

(B) the failure, deficiency, or malfunction of any network, equipment, or facility of the provider or any other person, or the lack of coverage or network capacity;

(C) the discontinuation of service or the unavailability of any networks, equipment, or facility of the provider or any other person; or

(D) the release to a government agency or entity, public safety, fire service or law enforcement official or emergency facility of subscriber information related to emergency alert messages.

(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 for the reception, relay, and retransmission of System alerts.

(2) COMPENSATION- The National Program Office established pursuant to section 3 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.).

SEC. 8. DEFINITIONS.

In this Act:

(1) DIRECTOR- The term `director' means the director of the National Program Office.

(2) OFFICE- The term `Office' means the National Program Office.

(3) SYSTEM- The term `System' means the national alert system operated and managed by the Office.

(4) WORKING GROUP- The term `Working Group' means the Working Group on the National Alert System established in section 4.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Undersecretary of Commerce for Oceans and Atmosphere $250,000,000 for fiscal year 2006 to carry out this Act, such sum to remain available until expended.

END