S.Amdt. 4568Senate109th Congress (2005-2007)
S.Amdt. 4568
Sponsored by
Sen. Jim DeMint (R-SC)
Submitted July 11, 2006
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Senate amendment submitted
July 11, 2006
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Submitted
SA 4568. Mr. DeMINT (for himself and Ms. Collins) submitted an amendment intended to be proposed by him to the bill H.R. 5441, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE --NATIONAL ALERT SYSTEM SEC. _100. TABLE OF CONTENTS. The table of contents for this title is as follows: Sec. _100. Table of contents. Sec. _101. Short title. Sec. _102. National Alert System. Sec. _103. Implementation and use. Sec. _104. National Alert Office Sec. _105. National Alert System Working Group. Sec. _106. Research and development. Sec. _107. Grant program for remote community alert systems. Sec. _108. Public familiarization, outreach, and response instructions. Sec. _109. Essential services disaster assistance. Sec. _110. Definitions. Sec. _111. Existing interagency activities. Sec. _112. Funding. SEC. _101. SHORT TITLE. This title may be cited as the ``Warning, Alert, and Response Network Act'' SEC. _102. NATIONAL ALERT SYSTEM. (a) Establishment.--There is established a National Alert System to provide a public communications system capable of alerting the public on a national, regional, or local basis to emergency situations requiring a public response. (b) Functions.--The National Alert System-- (1) will enable any Federal, State, tribal, or local government official with credentials issued by the National Alert Office under section 103 to alert the public to any imminent threat that presents a significant risk of injury or death to the public; (2) will be coordinated with and supplement existing Federal, State, tribal, and local emergency warning and alert systems; (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 across the greatest possible variety of communications technologies, including digital and analog broadcasts, cable and satellite television, satellite and terrestrial radio, wireless communications, wireline communications, and the Internet to reach the largest portion of the affected population. (c) Capabilities.--The National Alert System-- (1) shall incorporate multiple communications technologies and be designed to adapt to, and incorporate, future technologies for communicating directly with the public; (2) shall include mechanisms and technologies to ensure that members of the public with disabilities and older individuals (as defined in section 102(35) of the Older Americans Act of 1965 (42 U.S.C. 3002(35))) are able to receive alerts and information provided through the National Alert System; (3) may not interfere with existing alert, warning, priority access, or emergency communications systems employed by Federal, State, tribal, or local emergency response personnel and shall incorporate existing emergency alert technologies, including the NOAA All-Hazards Radio System, digital and analog broadcast, cable, land satellite television and satellite and terrestrial radio; (4) shall not be based upon any single technology or platform, but shall be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts; (5) shall incorporate technologies to alert effectively underserved communities (as determined by the Commission under section _107(a) of this title); (6) when technologically feasible shall be capable of providing information in languages other than, and in addition to, English where necessary or appropriate; and (7) shall be designed to promote local and regional public and private partnerships to enhance community preparedness and response. (d) Reception of Alerts.--The National Alert 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 National Alert System; and (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. (e) Existing Federal Warning System Coordination.--The director shall work with the Federal Communications Commission and other relevant Federal agencies to ensure that the National Alert System-- (1) complements or incorporates, rather than duplicates, existing Federal alert systems; and (2) obtains the maximum benefit possible from the utilization of existing research and development, technologies, and processes developed for or utilized by existing Federal alert systems. (f) Emergency Alert System.--Within 1 year after the date of enactment of this Act, the Federal Communications Commission shall-- (1) complete its proceeding Review of the Emergency Alert System, EB Docket No. 04-296; (2) ensure the President, Secretary of Homeland Security, and State Governors have access to the emergency alert system; and (3) ensure that the Emergency Alert System can transmit in languages other than English. SEC. _103. IMPLEMENTATION AND USE. (a) Authority To Access System.-- (1) In general.--Within 180 days after the date of enactment of this Act, the National Alert Office shall establish a process for issuing credentials to Federal, State, tribal, or local government officials with responsibility for issuing safety warnings to the public that will enable them to access the National Alert System. The Office shall approve or disapprove a request for credentials within 60 days of request by the Federal department or agency, the governor of the State or the elected leader of a federally recognized Indian tribe. (2) Requests for credentials.--Requests for credentials from Federal, State, tribal, and local government agencies shall be submitted to the Office by the head of the Federal department or agency, or the governor of the State or the elected leader of a Federally recognized Indian tribe, concerned, for review and approval. (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 National Alert System only for alerts that are consistent with the jurisdiction, authority, and basis for eligibility of the individual to whom the credentials are issued to use the National Alert System. (4) Periodic training.--The Office shall-- (A) establish a periodic training program for Federal, State, tribal, or local government officials with credentials to use the National Alert System; and (B) require such officials to undergo periodic training under the program as a prerequisite for retaining their credentials to use the system. (b) Allowable Alerts.-- (1) In general.--Any alert transmitted via the National Alert System, other than an [[Page S7351]] alert described in paragraph (3), shall meet 1 or more of the following requirements: (A) An alert shall notify the public of a hazardous situation that poses an imminent threat to the public health or safety. (B) An alert shall provide appropriate instructions for actions to be taken by individuals affected or potentially affected by such a situation. (C) An alert shall advise individuals of public addresses by Federal, State, tribal, or local officials when related to a significant threat to public safety and transmit such addresses when practicable and technically feasible. (D) An alert shall notify the public of when the hazardous situation has ended or has been brought under control. (2) Event Eligibility Regulations.--The director of the National Alert Office, in consultation with the Working Group, shall by regulation specify-- (A) the classes of events or situations for which the National Alert System may be used to alert the public; and (B) the content of the types of alerts that may be transmitted by or through use of the National Alert System, which may include-- (i) notifications to the public of a hazardous situation that poses an imminent threat to the public health or safety accompanied by appropriate instructions for actions to be taken by individuals affected or potentially affected by such a situation; and (ii) when technologically feasible public addresses by Federal, State, tribal, or local officials related to a significant threat to public safety. (3) Opt-in procedures for optional alerts.--The director of the Office may establish a procedure under which licensees who elect to participate in the National Alert System as described in paragraph (d), may transmit localized traffic, weather, community, or other non-emergency alerts via the National Alert System in a manner that enables them to be received only by individuals who take appropriate action to receive such alerts. (c) Access Points.--The National Alert System shall provide-- (1) secure, widely dispersed multiple access points to Federal, State, or local government officials with credentials that will enable them to initiate alerts for transmission to the public via the National Alert System; and (2) system redundancies to ensure functionality in the event of partial system failures, power failures, or other interruptive events. (d) Election To Carry Service.-- (1) Amendment of license.--Within 60 days after the date on which the National Alert Office adopts relevant technical standards based on recommendations of the Working Group, the Federal Communications Commission shall initiate a proceeding and subsequently issue an order-- (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 National Alert 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 National Alert System alerts, to provide clear and conspicuous notice at the point of sale of any devices with which its service is included, that it will not transmit National Alert System alerts via its service. (2) Election to carry service.-- (A) In general.--Within 30 days after the Commission issues its order under paragraph (1), each such licensee shall file an election with the Commission with respect to whether or not it intends to participate in the transmission of National Alert System alerts. (B) Participation.--If a licensee elects to participate in the transmission of National Alert System alerts, the licensee shall certify to the Commission that it will participate in a manner consistent with the standards and protocols implemented by the National Alert Office. (C) Advertising.--Nothing in this title shall be construed to prevent a licensee from advertising that it participates in the transmission of National Alert System alerts. (D) Withdrawal from or later entry into system.--The Commission shall establish a procedure-- (i) for a participating licensee to withdraw from the National Alert System upon notification of its withdrawal to its existing subscribers; (ii) for a licensee to enter the National Alert System at a date later than provided in subparagraph (A); and (iii) under which a subscriber may terminate a subscription to service provided by a licensee that withdraws from the National Alert System without penalty or early termination fee. (E) Consumer choice technology.--Any licensee electing to participate in the transmission of National Alert System alerts may offer subscribers the capability of preventing the subscriber's device from receiving alerts broadcast by the system other than an alert issued by the President. (3) Expansion of class of licensees participating.--The Commission, in consultation with the National Alert Office, may expand the class of the licensees allowed to participate in the transmission of National Alert System alerts subject to such requirements as the Commission, in consultation with the National Alert Office, determines to be necessary or appropriate-- (A) to ensure the broadest feasible propagation of alerts transmitted by the National Alert System to the public; and (B) to ensure that the functionality, integrity, and security of the National Alert System is not compromised. (e) Digital Television Transmission Towers.-- (1) Retransmission capability.--Within 30 days after the date on which the National Alert Office adopts relevant technical standards based on recommendations of the Working Group, the Federal Communications Commission shall initiate a proceeding to require public broadcast television licensees and permittee to install necessary equipment and technologies on, or as part of, any broadcast television digital signal transmitter to enable the transmitter to serve as a backbone for the reception, relay, and retransmission of National Alert System alerts. (2) Compensation.--The National Alert Office established by section--104 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.). (g) Limitation of Liability.--Any person that participates in the transmission of National Alert System alerts and that meets its obligations under this title shall not be liable to any subscriber to, or user of, such person's service or equipment for-- (1) any act or omission related to or any harm resulting from the transmission of, or failure to transmit, a National Alert System alert to such subscriber or user; (2) for the release to a government agency or entity, public safety, fire service, law enforcement official, or emergency facility of subscriber information used in connection with delivering an alert; or (3) the licensee's or provider's withdrawal from or election not to participate in the National Alert System. (h) Testing.--The director shall establish testing criteria and guidelines for licensees that elect to participate in the transmission of National Alert System alerts. SEC. _104. NATIONAL ALERT OFFICE. (a) Establishment.-- (1) In general.--The National Alert Office is established within the Department of Homeland Security. (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. The Director shall serve under and report to the Secretary of Homeland Security or his designee. (3) Staff.--The office shall have a staff with significant technical expertise in the communications industry and emergency public communications. 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 National Alert System. (b) Functions and Responsibilities.-- (1) In general.--The Office shall administer, operate, and manage the National Alert System. (2) Implementation of working group recommendations.--The Office shall be responsible for implementing the recommendations of the Working Group established by section-- 105 regarding-- (A) the technical transmission of alerts; (B) the incorporation of new technologies into the National Alert System; (C) the technical capabilities of the National Alert System; and (D) any other matters that fall within the duties of the Working Group. (3) Transmission of alerts.--In administering the National Alert System, the director of the National Alert Office shall ensure that-- (A) the National Alert System is available to, and enables, only Federal, State, tribal, or local government officials with credentials issued by the National Alert Office under section--103 to access and utilize the National Alert System; (B) the National Alert System is capable of providing geographically targeted alerts where such alerts are appropriate; (C) the legitimacy and authenticity of any proffered alert is verified before it is transmitted; (D) each proffered alert complies with formats, protocols, and other requirements established by the Office to ensure the efficacy and usefulness of alerts transmitted via the National Alert System; (E) the security and integrity of the National Alert System alert from the point of origination to delivery is maintained; and (F) the security and integrity of the National Alert System is maintained and protected. (c) Reports.-- (1) Annual reports.--The director shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Homeland Security and Governmental Affairs, the [[Page S7352]] House of Representatives Committee on Homeland Security, the House of Representatives Committee on Energy and Commerce, the House of Representatives Committee on Science, and the House of Representatives Committee on Transportation and Infrastructure on the status of, and plans for, the National Alert System. In the first annual report, the director shall report on-- (A) the progress made toward operational activation of the alerting capabilities of the National Alert System; and (B) the anticipated date on which the National Alert System will be available for utilization by Federal, State, and local officials. (2) 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 communications platforms for the National Alert System. The plan shall serve as the long-term planning document for the Office. (d) GAO Audits.-- (1) In general.--The Comptroller General shall audit the National Alert Office every 3 years after the date of enactment of this Act and periodically thereafter and transmit the findings thereof to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Homeland Security and Governmental Affairs, the House of Representatives Committee on Homeland Security, the House of Representatives Committee on Energy and Commerce, the House of Representatives Committee on Science, the House of Representatives Committee on Transportation and Infrastructure. (2) Response report.--If, as a result of the audit, the Comptroller General expresses concern about any matter addressed by the audit, the director of the National Alert Office shall transmit a report to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Homeland Security and Governmental Affairs, the House of Representatives Committee on Homeland Security, the House of Representatives Committee on Energy and Commerce, the House of Representatives Committee on Science, and the House of Representatives Committee on Transportation and Infrastructure describing what action, if any, the director is taking to respond to any such concern. SEC. _105. NATIONAL ALERT SYSTEM WORKING GROUP. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the director of the National Alert Office shall establish a working group, to be known as the National Alert System Working Group. (b) Membership.-- (1) Appointment; chair.--The director shall appoint the members of the Working Group as soon as practicable after the date of enactment of this Act and shall serve as its chair. In appointing members of the Working Group, the director shall ensure that the number of members appointed under paragraph (5) provides appropriate and adequate representation for all stakeholders and interested and affected parties. (2) Federal agency representatives.--Appropriate personnel from the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the Federal Communications Commission, the Federal Emergency Management Agency, the Nuclear Regulatory Commission, the Department of Justice, the National Communications System, the Department of Homeland Security's Preparedness Directorate, the United States Postal Service, and other appropriate Federal agencies shall serve as members of the Working Group. (3) State and local government representatives.--The director shall appoint representatives of State and local governments and representatives of emergency services personnel, selected from among individuals nominated by national organizations representing such governments and personnel, to serve as members of the Working Group. (4) Tribal governments.--The director shall appoint representatives from Federally recognized Indian tribes and National Indian organizations. (5) Subject matter experts.--The director shall appoint individuals who have the requisite technical knowledge and expertise to serve on the Working Group 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; and (G) other individuals with technical expertise that would enhance the National Alert System. (c) Duties of the Working Group.-- (1) Development of system-critical recommendations.--Within 1 year after the date of enactment of this Act, the Working Group shall develop and transmit to the National Alert Office recommendations for-- (A) protocols, including formats, source or originator identification, threat severity, hazard description, and response requirements or recommendations, for alerts to be transmitted via the National Alert System that ensures that alerts are capable of being utilized across the broadest variety of communication technologies, at National, State, and local levels; (B) procedures for verifying, initiating, modifying, and canceling alerts transmitted via the National Alert System; (C) guidelines for the technical capabilities of the National Alert System; (D) guidelines for technical capability that provides for the priority transmission of National Alert System alerts; (E) guidelines for other capabilities of the National Alert System as specified in this title; (F) standards for equipment and technologies used by the National Alert System; (G) guidelines for the transmission of National System Alerts in languages in addition to English, to the extent practicable; and (H) guidelines for incorporating the National Alert System into comprehensive emergency planning standards for public alert and notification and emergency public communications. (2) Integration of emergency and national alert systems.--- The Working Group shall work with the operators of nuclear power plants and other critical infrastructure facilities to integrate emergency alert systems for those facilities with the National Alert System. (d) Meetings.-- (1) Initial meeting.--The initial meeting of the Working Group 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 Working Group shall meet at the call of the chair. (3) Notice; open 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. (e) Resources.-- (1) Federal agencies.--The Working Group shall have reasonable access to-- (A) 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 (B) the facilities of any such agency for purposes of conducting meetings. (2) Grants 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. (f) Rules.-- (1) Quorum.--One-third of the members of the Working Group shall constitute a quorum for conducting business of the Working Group. (2) Subcommittees.--To assist the Working Group in carrying out its functions, the chair may establish appropriate subcommittees composed of members of the Working Group and other subject matter experts as deemed necessary. (3) 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. _106. RESEARCH AND DEVELOPMENT. (a) In General.--The Undersecretary of Homeland Security for Science and Technology and the director jointly shall establish an extramural research and development program based on the recommendations of the Working Group 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 National Alert System. (b) Functions.--In carrying out subsection (a) the Undersecretary for Science and Technology and the director shall-- (1) fund research and development which may include academia, the private sector, and government laboratories; and (2) ensure that the program addresses, at a minimum-- (A) developing innovative technologies that will transmit geographically targeted emergency messages to the public; (B) enhancing participation in the national alert system; (C) understanding and improving public response to warnings; and (D) enhancing the ability of local communities to integrate the National Alert System operations management. (c) Use of Existing Programs and Resources.--In developing the program, the Undersecretary for Science and Technology shall utilize existing expertise of the Department of Commerce, including the National Institute of Standards and Technology. SEC. _107. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS. (a) Grant Program.--The Undersecretary of Commerce for Oceans and Atmosphere shall establish a program under which grants may be made to provide for the installation of technologies in remote communities effectively unserved by commercial mobile radio service (as determined by the Federal Communications Commission within 180 days [[Page S7353]] after the date of enactment of this Act) for the purpose of enabling residents of those communities to receive National Alert System 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. SEC. _108. PUBLIC FAMILIARIZATION, OUTREACH, AND RESPONSE INSTRUCTIONS. The director of the National Office, in consultation with the Working Group, shall conduct a program of public outreach to ensure that the public is aware of the National Alert System and understands its capabilities and uses for emergency preparedness and response. The program shall incorporate multiple communications technologies and methods, including inserts in packaging for wireless devices, Internet websites, and the use broadcast radio and television Non- Commercial Sustaining Announcement Programs. SEC. _109. ESSENTIAL SERVICES DISASTER ASSISTANCE. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``SEC. 425. ESSENTIAL SERVICE PROVIDERS. ``(a) Definition.--In this section, the term `essential service provider' means an entity that-- ``(1) provides-- ``(A) telecommunications service; ``(B) electrical power; ``(C) natural gas; ``(D) water and sewer services; or ``(E) any other essential service, as determined by the President; ``(2) is-- ``(A) a municipal entity; ``(B) a nonprofit entity; or ``(C) a private, for-profit entity; and ``(3) is contributing to efforts to respond to an emergency or major disaster. ``(b) Authorization.--In an emergency or major disaster, the President may use Federal equipment, supplies, facilities, personnel, and other non-monetary resources to assist an essential service provider, in exchange for reasonable compensation. ``(c) Compensation.-- ``(1) In general.--The President shall, by regulation, establish a mechanism to set reasonable compensation to the Federal Government for the provision of assistance under subsection (b). ``(2) Criteria.--The mechanism established under paragraph (1)-- ``(A) shall reflect the cost to the government (or if this is not readily obtainable, the full market value under the applicable circumstances) for assistance provided under subsection (b) in setting compensation; ``(B) shall have, to the maximum degree feasible, streamlined procedures for determining compensation; and ``(C) may, at the President's discretion, be based on a good faith estimate of cost to the government rather than an actual accounting of costs. ``(3) Periodic Review.--The President shall periodically review, and if necessary revise, the regulations established pursuant to paragraphs (1) and (2) to ensure that those regulations result in full compensation to the government for transferred resources. Such reviews shall occur no less frequently than once every 2 years, and the results of such reviews shall be reported to the House Transportation and Infrastructure Committee and the Senate Homeland Security and Governmental Affairs Committee.''. SEC. _110 DEFINITIONS. In this title: (1) Director.--The term ``director'' means the director of the National Alert Office. (2) Office.--The term ``Office'' means the National Alert Office established by section--104. (3) National Alert system.--The term ``National Alert System'' means the National Alert System established by section--102. (4) Non-commercial sustaining announcement program.--The term ``Non-Commercial Sustaining Announcement Program'' means a radio and television campaign conducted for the benefit of a nonprofit organization or government agency using unsold commercial air time donated by participating broadcast stations for use in such campaigns, and for which the campaign's sponsoring organization or agency funds the cost of underwriting programs that serve the public convenience, interest, and necessity, as described in section 307 of the Communications Act of 1934 (47 U.S.C. 307). (5) Working group.--The term ``Working Group'' means the National Alert System Working Group on the established under section--105. SEC. _111. EXISTING INTERAGENCY ACTIVITIES. Nothing in this title shall be construed to require the termination of existing interagency programs or activities, or cooperative or consultative arrangements, related to the provision of notice or information to the public about emergency situations that may require a public response. SEC. _112. FUNDING. Funding for this title 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). ______