S. 1753Senate109th Congress (2005-2007)In Committee

Warning, Alert, and Response Network Act

Legislative Activity

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4 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 321.

December 8, 2005

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SenateIntro Referral

Introduced in Senate

September 22, 2005

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

September 22, 2005

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

Commerce, Science, and Transportation Committee

October 20, 2005

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Stevens under authority of the order of the Senate of 11/18/2005 with an amendment in the nature of a substitute. With written report No. 109-204.

Commerce, Science, and Transportation Committee

December 8, 2005

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 321.

December 8, 2005

Floor Debate

6 members

What members said about S. 1753 on the floor

5 Republicans1 Democrat

Sen. Christopher S. BondR-MO · Oct 20, 2005

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on October 20, 2005, at 10 a.m. to conduct a…

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on October 20, 2005, at 10 a.m. to conduct a hearing on ``Implementation of the Exon-Florio Amendment and the Committee on Foreign Investment in the United States.''

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, October 20, 2005, at 10 a.m., on Domestic Passenger and Freight Rail Safety.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, October 20, 2005, at 2 p.m., on pending Committee business. Senate Commerce Committee Chairman Ted Stevens, R-Alaska, and Co- Chairman Daniel Inouye, D-Hawaii, have rescheduled this week's Full Committee mark-up for Thursday, October 20, 2005 at 2 p.m., previously scheduled for Wednesday, October 19, 2005, at 2:30 p.m. The mark-up is open to the public. A location for this mark-up will be announced when available. Following is the agenda, not necessarily in order of

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, October 20 at 2:30 p.m. The purpose of this hearing is to receive testimony on S. 1016, to direct the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate the facilities, and for other purposes; and S. 1860, to amend the Energy Policy Act of 2005 to improve energy production and reduce energy demand through improved use of reclaimed waters, and for other purposes.

committee on foreign relations

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, October 20, 2005, at 9:30 a.m. to hold a hearing on Nominations.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to hold a hearing during the session of the Senate on Thursday, October 20, 2005 at 2 p.m. in SD-430.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Thursday, October 20, 2005, at 9:30 a.m. for a hearing titled, ``Hurricane Katrina in New Orleans: A Flooded City, a Chaotic Response.''

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, October 20, 2005, at 9:30 a.m. in Senate Dirksen Office Building Room 226.

Agenda

I. Nominations

Susan Neilson to be U.S. Circuit Judge for the Sixth Circuit;

John Richard Smoak to be U.S. District Judge for the Northern District of Florida;

Brian Edward Sandoval to be U.S. District Judge for the District of Nevada.

Harry Sandlin Mattice, Jr. to be U.S. District Judge for the Eastern District of Tennessee;

Margaret Mary Sweeney to be a Judge of the United States Court of Federal Claims;

Thomas Craig Wheeler to be a Judge of the United States Court of Federal Claims;

Wan Kim to be an Assistant Attorney General, Civil Rights Division;

Steven G. Bradbury to be an Assistant Attorney General for the Office of Legal Counsel;

Sue Ellen Wooldridge to be an Assistant Attorney General, Environment and Natural Resources Division; and

Thomas O. Barnett to be an Assistant Attorney General, Antitrust Division.

II. Bills

S. 1088, Streamlined Procedures Act of 2005, Kyl, Cornyn, Grassley, Hatch;

S. 1789, Personal Data Privacy and Security Act of 2005, Specter, Leahy, Feinstein, Feingold;

S. 751, Notification of Risk to Personal Data Act, Feinstein, Kyl;

S. 1326, Notification of Risk to Personal Data Act, Sessions;

S. 1086, A Bill to Improve the National Program to Register and Monitor Individuals Who Commit Crimes Against Children or Sex Offenses, Hatch, Biden, Schumer;

S. 956, Jetseta Gage Prevention and Deterrence of Crimes Against Children Act of 2005, Grassley, Kyl, Cornyn;

S. 1699, Stop Counterfeiting in Manufactured Goods Act, Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold;

S. 1095, Protecting American Goods and Services Act of 2005, Cornyn, Leahy;

H.R. 683, Trademark Dilution Revision Act of 2005, Smith--TX;

S. 443, Antitrust Criminal Investigative Improvements Act of 2005, DeWine, Kohl, Leahy;

S. 1787, Relief to Victims of Hurricane Katrina and Other Natural Disasters Act of 2005, Vitter, Grassley, Cornyn, DeWine;

S. 1647, Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005, Feingold, Leahy, Durbin, Kennedy, Feinstein; and

S. , Budget Reconciliation [Chairman's Mark].

Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Thursday, October 20, 2005, for a committee hearing titled ``IT Management by the VA: Is it Ready for the 21st Century?''

The hearing will take place in room 418 of the Russell Senate Office Building at 10 a.m.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on October 20, 2005 at 2:30 p.m. to hold a closed briefing.

Mr. President, I ask unanimous consent that the Subcommittee on Near Eastern and South Asian Affairs be authorized to meeting during the session of the Senate on Thursday, October 20, 2005, at 2:30 p.m. to hold a hearing on U.S. Foreign Policy, Petroleum, and the Middle East.

Mr. President, I ask unanimous consent that the Subcommittee on the Constitution, Civil Rights and Property Rights be authorized to meet to conduct a hearing on ``An Examination of the Constitutional Amendment on Marriage'' on Thursday, October 20, 2005 at 2 p.m. in SD226.

Witness List:

Panel I: Scott FitzGibbon, Professor of Law, Boston College, Boston, MA; Christopher E. Harris, M.D., Assistant Professor of Pediatrics, Vanderbilt University School of Medicine, Nashville, TN; Louis Michael Seidman, John Carroll Research Professor of Law, Georgetown University Law Center, Washington, DC; Richard Wilkins, Professor of Law, Brigham Young University, Provo, UT; Christopher Wolfe, Professor of Political Science, Marquette University, Milwaukee, WI.

Sen. Jim DeMintR-SC · Sep 11, 2006

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I will speak on my amendment, which is based on legislation I introduced last year called the…

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I will speak on my amendment, which is based on legislation I introduced last year called the WARN Act.

First, I thank the managers of this legislation for their tireless work, particularly Senator Collins and Senator Stevens, who have helped bring this amendment up for consideration.

America needs the world's best port security. This legislation we are debating will help America get it.

While our Nation has come a long way in preparing for the threat posed by natural disasters and terrorist attack since the creation of the Department of Homeland Security, there are still areas where we can and must do better.

If, God forbid, there is a successful attack at one of our ports, minutes will make the difference between life and death for many citizens in the surrounding communities. To save lives, our first responders will need the tools to immediately communicate with people in harm's way.

For decades, the emergency broadcast system has largely been the only available tool. As people are increasingly on the move, getting word out via television and radio alone is not effective. We need to do more.

This amendment does that by building on the foundation of the emergency broadcast system and bringing it into the 21st century. Over 200 million Americans subscribe to wireless services, Blackberrys, cell phones or other PDAs. This amendment leverages these new mobile capabilities, in addition to television and radio, to provide alerts that will save lives during disasters.

Wireless networks have enthusiastically endorsed the WARN Act and look forward to competing with each other to create the best system.

The need for this system is obvious. Whether it is the foiled London airline bombing plots or the train attacks in India, we are constantly reminded we must be vigilant in our efforts to secure America's homeland. One year ago, terrorists brutally attacked the London subway system, killing dozens. We have since discovered that terrorists were targeting commuter lines

running under the New York Harbor. In July, we saw terrorists in India kill 300 innocent men, women and children and injure over 700.

If the unthinkable happens and we are attacked with a chemical, biological or radiological weapon, we must be prepared to respond. The WARN Act does this, establishing a system that represents a major advance in emergency management. One of the most effective ways to save lives is to keep people out of the impacted areas and efficiently evacuate those who are already affected. Under this new system, we will be able to tell some people to stay where they are if it is safe; others can be given instructions to evacuate in certain directions depending on their location and the direction of the wind or they could be told how to avoid the impacted area all together, preventing first responders from being forced to manage new victims.

While the system would be a crucial tool in saving lives in the event that there was an attack at one of our ports, the uses of this new national alerting system extend well beyond terrorists attacks, to manmade or natural disasters. A year and a half ago, a town in my State of South Carolina was exposed to a massive chlorine gas release. The train crash that caused the release occurred at 2:39 in the morning. Beeping television or radio is not much help when the owner is sleeping and the TV and radio are silent. What could have been helpful would have been if emergency managers in the area could have run the cell phones that were designed to turn on in emergencies so the individuals in the affected area could have been instructed to evacuate away from the path of the chlorine cloud and get to safer ground.

Finally, the new system set up by the WARN Act will have significant impact for the response to natural disasters. For example, in the Midwest, tornadoes pose a grave threat. Tornado sirens have a limited reach and can save some, but by leveraging the capabilities of cell phones, we can effectively direct individuals who are in the path of a tornado to take cover or get out of the way.

The applications are promising, as well, along the gulf and Atlantic coasts, where hurricanes often make landfall. This year could still be a strong hurricane season, with predictions of three or four major hurricanes category 3 or above. If one of one of these makes landfall, it will trigger a massive evacuation.

The system created by the WARN Act will provide crucial information to aid in evacuation and recovery. It will alert evacuees to the closest shelter with beds and where water and food is being distributed after the storm and what roads are not usable as evacuation routes.

We all hope and pray disasters--natural, manmade or terrorist--never happen, but we must be prepared. Today, I ask my colleagues to join in supporting this amendment.

Again, I thank Senator Collins and all those who have worked to bring up this amendment. This way we give first responders one of the more crucial tools they need to save lives and secure our homeland.

I yield the floor.

Mr. President, I agree with the interpretation and understanding of my colleague, Senator Inouye, and thank him for his assistance and support in working on this amendment.

Sen. Ted StevensR-AK · Sep 11, 2006

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I send an amendment to the desk and ask that it be considered to the pending bill. Mr.…

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I send an amendment to the desk and ask that it be considered to the pending bill.

Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. President, this second-degree amendment offered by Senator Inouye and myself, with Senators McCain and Lautenberg as cosponsors, simply adds the additional rail security provisions of S. 1052, the Commerce Committee's Transportation Security Improvement Act of 2005, to the McCain amendment. The provisions in the second-degree amendment address rail worker security training, rail security public awareness, hazardous materials threat mitigation, railcar tracking, and update a few of the provisions that are in Senator McCain's provisions.

Taken together with Senator McCain's Rail Security Act of 2005, which Senator McCain offered to this bill, this amendment and Senator McCain's bill will form the rail security title of S. 1052 that was unanimously supported by the Commerce Committee. It is supported by both the railroads and the rail workers, and I urge its adoption.

I again say it is an amendment cosponsored by Senator Inouye, myself, Senator McCain, and Senator Lautenberg.

I urge the adoption of the second-degree amendment.

I now ask for approval of Senator McCain's amendment, as amended.

I ask unanimous consent to reconsider both those actions at the same time. I ask that they be reconsidered and the motions be laid on the table.

I suggest the absence of a quorum.

Mr. President, I ask unanimous consent the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent Senator Clinton be added as a cosponsor to the Stevens second-degree amendment to Senator McCain's amendment No. 4922.

Mr. President, I send to the desk an amendment proposed by Senator DeMint for Senator Inouye and myself, to the amendment numbered 4921, proposed by Senator DeMint. I ask it be considered.

I ask unanimous consent the reading of the amendment be dispensed with.

I ask unanimous consent this be considered a complete substitute for the DeMint amendment.

I am pleased to offer this amendment on behalf of Senator DeMint. The second-degree amendment clarifies some issues in the legislation

and improves this important legislation. It has been agreed to now by Senator Inouye and myself and by Senator DeMint. I think we are closer to passing the WARN Act. We have been working for 3 years through the Homeland Security and appropriations bill to move DHS to improve the national alerting system. This amendment is a large step forward.

If the worst happens and there is a successful attack on one of our ports, we need a tool to effectively alert communities surrounding the port. The purpose of this amendment is to do just that: to move the emergency alert system out of the area of broadcast radio and television into the wireless era. We need to give the Nation an alerting system that harnesses all the capabilities of the digital age.

When disaster strikes, we know not everyone will be listening to the radio or television, but almost all Americans will be carrying a mobile phone, a Blackberry, or a PDA. There are over 200 million wireless subscribers in the United States.

This is crucial because regardless of when or where disaster strikes, be it American seaports, a rail terminal, or an airport, minutes save lives.

This amendment will provide a tool for emergency managers at all levels of Government--Federal, State, or local--so they can quickly and effectively reach all affected individuals with specific lifesaving instructions. In addition to the threat posed by terrorist attacks, this system, the system created by this amendment, will give our managers the ability to alert communities of other hazards such as natural disasters or manmade accidents.

It is already funded. I worked during last year's budget reconciliation bill to provide $106 million for this program.

I urge our colleagues to vote for the amendment and move the Nation one step forward to having a modern public safety alerting system.

I urge the adoption of this second-degree amendment.

Mr. President, I move to reconsider the vote, and I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Mr. President, we will shortly have a request for a vote on this amendment, as amended. Hopefully, it will take place around noon tomorrow.

I know of no other business we have to come before us tonight. We will await the wrapup statement to be sent to us by the leader's office.

I suggest the absence of a quorum.

I concur with Senator Inouye and Senator DeMint.

Sen. Susan M. CollinsR-ME · Sep 11, 2006

Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with. Mr. President, it is my understanding that either shortly this evening or tomorrow the Senator from South…

Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.

Mr. President, it is my understanding that either shortly this evening or tomorrow the Senator from South Carolina will be coming to the floor to speak on the agreement that has been worked out among all the players, which is based on legislation he introduced, S. 1753, the Warning Alert and Response Network Act, the so-called WARN Act. This amendment would create the national alert system which will contribute to a strengthened emergency management system for our country. The amendment will create a national alert office within the Department of Homeland Security and will ensure that the office will work closely with the National Oceanic and Atmospheric Administration, NOAA, to bring together the wealth of expertise in both of these agencies to create an alert system that will transmit alerts in response to all threats to public safety, whether they are a terrorist attack, a natural disaster or a manmade accident.

The amendment directs this new office to develop a 21st century alert system that takes advantage of new technologies, including technologies to better alert underserved communities.

Five years ago, all of us remember the frustration of trying to get accurate information. Most of us found that our cell phones were no longer functioning. At that point, we did not have Blackberries, and we had a very difficult time communicating.

The legislation that Senator DeMint has authored helps to respond to that need to disseminate information quickly and accurately to the public using a variety of tools. The new system would use multiple modes of communication, providing alerts not only by television and radio but also cell phones, Blackberries, and other wireless devices such as the Internet, satellite television, and other means of communication.

The DeMint proposal builds on the recommendations of the White House Katrina Report to employ all available 21st century technologies both to update and utilize the National Emergency Alert System in order to provide the general public with advanced notification of, as well as instructions during, a disaster or other emergencies.

We need a warning and alert system in this country that keeps pace with new technologies and an increasingly mobile society. No longer is it adequate to depend on television and radios to disseminate absolutely critical public safety information.

I believe that the approach in this amendment will save lives by creating a system with the capability to alert individuals to dangers, whether they are watching television, driving in their cars or sitting on the beach with a cell phone and a Blackberry. Yes, some of us take the Blackberry and the cell phone even when we are on the beach.

I thank Senator DeMint for his work on this important amendment. I thank the Commerce Committee, which has worked very closely with the Homeland Security Committee to work out some issues, and I am pleased to support its passage as amended by the amendment of Senator Inouye and Senator Stevens.

Thank you, Mr. President.

I suggest the absence of a quorum.

Mr. President, I spoke earlier in favor of the amendment of the Senator from South Carolina. While he is here, I again commend him for his effort, his leadership in this area, and for working with both the Homeland Security and the Commerce Committees to work out some technical issues. His amendment is going to make a big difference. All of us remember 5 years ago on this day how difficult it was to get information--our cell phones were not working; we did not have Blackberrys then. The Senator's approach will ensure that we use every possible means to inform the public when there is an incident that is a threat to public safety.

I salute the Senator for his leadership. This is an excellent proposal. I am pleased to support it.

public safety promotion

Sen. Daniel K. InouyeD-HI · Sep 11, 2006

Mr. President, we are ready to proceed, but other Members are not here. I suggest the absence of a quorum. Mr. President, I associate myself with the remarks of the Senator from Alaska, our chairman.…

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Sen. William H. FristR-TN · Sep 11, 2006

Mr. President, I ask consent at 12 noon tomorrow the Senate proceed to a vote in relation to the DeMint amendment No. 4921, as amended; further, that notwithstanding the adoption of the amendment…

Bill Text

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Reported to SenateIssued December 8, 2005

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1753 Reported in Senate (RS)]

Calendar No. 321
109th CONGRESS
1st Session
S. 1753

[Report No. 109-204]

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 22, 2005

Mr. DeMint (for himself, Mr. Stevens, Mr. Inouye, Mr. Nelson of
Nebraska, Mr. Vitter, Mr. Lott, Ms. Landrieu and Ms. Snowe) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation

December 8, 2005

Reported under authority of the order of the Senate of November 18,
2005, by Mr. Stevens, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]

_______________________________________________________________________

A BILL

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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Warning,
Alert, and Response Network Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Establishment of all hazards alert system.
<DELETED>Sec. 3. National program office.
<DELETED>Sec. 4. Working group on national alert system.
<DELETED>Sec. 5. Grant program for remote community alert systems.
<DELETED>Sec. 6. Characteristics of alerts.
<DELETED>Sec. 7. Implementation and use of system.
<DELETED>Sec. 8. Definitions.
<DELETED>Sec. 9. Authorization of appropriations.

<DELETED>SEC. 2. ESTABLISHMENT OF ALL HAZARDS ALERT SYSTEM.</DELETED>

<DELETED>    (a) Establishment.--There is established an all hazards
alert system that--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (2) will be coordinated with and supplement
existing Federal, State, and local emergency warning and alert
system;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Technology.--The System--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (3) may not interfere with existing alert,
warning, or emergency communications systems employed by
Federal, State, or local emergency response
personnel;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (5) shall incorporate existing emergency alert
technologies currently utilized by digital and analog
broadcast, cable, and satellite television and radio;
and</DELETED>
<DELETED>    (6) shall incorporate technologies to alert
traditionally underserved communities.</DELETED>
<DELETED>    (c) Official Access and Activation.--The director shall
implement procedures that ensure that--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Public Access.--The System shall--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) EAS Coordination and Requirements.--The director shall
work with the Federal Communications Commission to ensure that the
System--</DELETED>
<DELETED>    (1) complements, rather than duplicates, the
current emergency alert system; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (1) the President of the United States;</DELETED>
<DELETED>    (2) the Secretary of Homeland Security;
or</DELETED>
<DELETED>    (3) a governor of a State in which it
broadcasts.</DELETED>

<DELETED>SEC. 3. NATIONAL PROGRAM OFFICE.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
<DELETED>    (1) In general.--The National Program Office is
established within the National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Functions and Responsibilities.--</DELETED>
<DELETED>    (1) In general.--The Office shall conduct the day-
to-day operation and management of the System.</DELETED>
<DELETED>    (2) Implementation of working group
recommendations.--The Office shall be responsible for
implementing the recommendations of the Working Group
established by section 4 regarding--</DELETED>
<DELETED>    (A) the technical issuance of
alerts;</DELETED>
<DELETED>    (B) the incorporation of new technologies
into the System; and</DELETED>
<DELETED>    (C) the technical capabilities of the
System.</DELETED>
<DELETED>    (c) Reports.--</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) the progress made toward operational
activation of the System; and</DELETED>
<DELETED>    (B) the anticipated date on which the
System will be activated.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. WORKING GROUP ON NATIONAL ALERT SYSTEM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (3) Communications service providers.--Membership
in the Working Group shall be open to representatives of--
</DELETED>
<DELETED>    (A) communications service
providers,</DELETED>
<DELETED>    (B) vendors, developers, and manufacturers
of facilities, equipment, and capabilities for the
provision of communications services, and</DELETED>
<DELETED>    (C) trusted third party service
bureaus,</DELETED>
<DELETED>who have the requisite technical knowledge and
expertise to assist the Working Group in the fulfillment of its
duties.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (1) a description of the emergency alert service
to be provided by the System;</DELETED>
<DELETED>    (2) guidelines for the technical capabilities of
the System;</DELETED>
<DELETED>    (3) guidelines for technical capability that
provides for the priority transmission of System
alerts;</DELETED>
<DELETED>    (4) guidelines for the other capabilities of the
System as specified in this Act; and</DELETED>
<DELETED>    (5) standards to which the equipment and
technologies in the System must conform.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Other Resources.--The Working Group shall have
reasonable access to--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (2) the facilities of any such agency for purposes
of conducting meetings.</DELETED>
<DELETED>    (f) Rules of the Working Group.--</DELETED>
<DELETED>    (1) Quorum.--One-third of the members of the
Working Group shall constitute a quorum for conducting business
of the Working Group.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (5) Additional rules.--The Working Group may adopt
other rules as needed.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT
SYSTEMS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Applications and Conditions.--In conducting the
program, the director of the Office--</DELETED>
<DELETED>    (1) shall establish a notification and application
procedure; and</DELETED>
<DELETED>    (2) may establish such conditions, and require
such assurances, as may be appropriate to ensure the efficiency
and integrity of the grant program.</DELETED>

<DELETED>SEC. 6. CHARACTERISTICS OF ALERTS.</DELETED>

<DELETED>    (a) In General.--The System shall be capable of--
</DELETED>
<DELETED>    (1) notifying the public of hazardous situations
that pose an imminent threat to the public health or
safety;</DELETED>
<DELETED>    (2) providing appropriate instructions for actions
to be taken by individuals affected or potentially affected by
such a situation;</DELETED>
<DELETED>    (3) transmitting public address by Federal, State,
or local officials; and</DELETED>
<DELETED>    (4) notifying the public of when the hazardous
situation has ended or brought under control.</DELETED>
<DELETED>    (b) Event Eligibility Regulations.--The Office shall by
regulation specify--</DELETED>
<DELETED>    (1) the classes of events or situations for which
the System may be used to alert the public; and</DELETED>
<DELETED>    (2) the types of alerts that may be transmitted by
or through use of the System.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. IMPLEMENTATION AND USE OF SYSTEM.</DELETED>

<DELETED>    (a) Credentialing.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (3) Scope and Limitations of Credentials.--The
Office shall--</DELETED>
<DELETED>    (A) establish eligibility criteria for
issuing, renewing, and revoking access
credentials;</DELETED>
<DELETED>    (B) limit credentials to appropriate
geographic areas or political jurisdictions;
and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (4) Periodic training.--The Office shall--
</DELETED>
<DELETED>    (A) establish a periodic training program
for individuals credentialed to use the System;
and</DELETED>
<DELETED>    (B) require credentialed individuals to
undergo periodic training under the program as a
prerequisite for retaining their credentials to use the
system.</DELETED>
<DELETED>    (b) Access Points.--The System shall provide--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (2) system redundancies to ensure functionality in
the event of partial system failures, power failures, or other
interruptive events.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Election To Carry Service.--</DELETED>
<DELETED>    (1) Amendment of license.--Within 60 days after
the date of enactment of this Act, the Federal Communications
Commission shall initiate a proceeding--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Election to carry service.--</DELETED>
<DELETED>    (A) In general.--Within 60 days after
transmittal by the Working Group of the requirements
under section 4(c), each such licensee shall--
</DELETED>
<DELETED>    (i) file an election with the
Commission with respect to whether or not it
intends to participate in the transmission of
System alerts; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (B) Withdrawal from or later entry into
system.--The Commission shall establish a procedure
for--</DELETED>
<DELETED>    (i) participating licensees to
withdraw from the System; and</DELETED>
<DELETED>    (ii) licensees to enter the System
at a date later than provided in subparagraph
(A).</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (C) the discontinuation of service or the
unavailability of any networks, equipment, or facility
of the provider or any other person; or</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Digital Television Transmission Towers.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 8. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
<DELETED>    (1) Director.--The term ``director'' means the
director of the National Program Office.</DELETED>
<DELETED>    (2) Office.--The term ``Office'' means the
National Program Office.</DELETED>
<DELETED>    (3) System.--The term ``System'' means the
national alert system operated and managed by the
Office.</DELETED>
<DELETED>    (4) Working group.--The term ``Working Group''
means the Working Group on the National Alert System
established in section 4.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Table of contents.

Title I--National Alert System

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. Telecommunications infrastructure restoration, preparedness,
and response.
Sec. 110. Definitions.
Sec. 111. Funding.

Title II--Tsunami Preparedness

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Tsunami detection and warning system.
Sec. 204. Tsunami hazard mitigation program.
Sec. 205. Tsunami research program.
Sec. 206. Tsunami system upgrade and modernization.
Sec. 207. Global tsunami warning and mitigation network.
Sec. 208. Coastal community vulnerability and adaptation program.
Sec. 209. Authorization of appropriations.

TITLE I--NATIONAL ALERT SYSTEM

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, trival, 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, and 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) 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 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, 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 that the President, the 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.--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.
(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 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 transmit public addresses by
Federal, State, tribal, or local officials when
necessary.
(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 if necessary.
(3) Opt-in procedures for optional alerts.--The director of
the Office may establish a procedure under which localized
traffic, weather, community, or other non-emergency alerts may
be transmitted 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 for--
(i) participating licensees to withdraw
from the National Alert System upon
notification of its withdrawal to its existing
subscribers; and
(ii) licensees to enter the National Alert
System at a date later than provided in
subparagraph (A).
(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 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 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 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) 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 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.
(g) 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 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 communications 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 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 a 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 House of Representatives Committee on
Energy and Commerce, and the House of Representatives Committee
on Science 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 House of Representatives Committee on
Energy and Commerce, and the House of Representatives Committee
on Science.
(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 House of
Representatives Committee on Energy and Commerce, and the House
of Representatives Committee on Science 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.--The director shall
appoint 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, and the Department of Justice to serve as members
of the Working Group. The director may also appoint
representatives of other appropriate Federal agencies to 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 assist 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; and
(F) 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; and
(F) standards for equipment and technologies used
by the National Alert System.
(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) 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.
(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 director shall establish an extramural
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 National Alert System.
(b) Functions.--In carrying out subsection (a) 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 into their overall
operations management.
(c) Use of Existing Programs and Resources.--In developing the
program, the director shall utilize existing programs and 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 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 of broadcast radio and television Non-Commercial
Sustaining Announcement Programs.

SEC. 109. TELECOMMUNICATIONS INFRASTRUCTURE RESTORATION, PREPAREDNESS,
AND RESPONSE.

(a) Restoration of Telecommunications Infrastructure.--
(1) Eligibility for Federal assistance.--Section 403(a)(1)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b(a)(1)) is amended to read as
follows:
``(1) Federal resources.--Utilizing, lending, or donating
Federal equipment, supplies, facilities, personnel, and other
resources (other than the extension of credit)--
``(A) to State and local governments for use or
distribution by such governments in accordance with the
purposes of this Act; or
``(B) to assist telecommunications service
providers in the maintenance and restoration of
communications during an emergency or major
disaster.''.
(2) Telecommunications service provider defined.--Section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended by adding the at the
end the following:
``(10) Telecommunications service provider.--The term
`telecommunications service provider' means a provider of
telecommunications service as that term is defined in section
3(46) of the Communications Act of 1934 (47 U.S.C. 153(46)).''.
(b) Telecommunications Infrastructure Preparedness and Response.--
(1) Responsibilities.--Section 502(5) of the Homeland
Security Act of 2002 (6 U.S.C. 312(5)) is amended by inserting
``in consultation with providers of telecommunications services
(as defined in section 3(46) of the Communications Act of 1934
(47 U.S.C. 153(46))) owning or operating communications
infrastructure,'' after ``authorities,''.
(2) Responsibilities.--Section 502 of the Homeland Security
Act of 2002 (6 U.S.C. 312) is amended--
(A) by striking ``and'' after the semicolon in
paragraph 6);
(B) by striking ``technology.'' in paragraph (7)
and inserting ``technology; and ''; and
(C) by adding at the end the following:
``(8) developing comprehensive mechanisms to work with and
support critical infrastructure providers, including but not
limited to providers of telecommunications services (as defined
in section 3(46) of the Communications Act of 1934 (47 U.S.C.
153(46))), to ensure sufficient communications during a crisis
or major disaster response.''.

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. FUNDING.

Funding for this title shall be provided from the Digital
Transition and Public Safety Fund in accordance with section 5 of the
Digital Transition and Public Safety Act of 2005.

TITLE II--TSUNAMI PREPAREDNESS

SEC. 201. SHORT TITLE.

This title may be cited as the ``Tsunami Preparedness Act''.

SEC. 202. FINDINGS AND PURPOSES.

(a) Findings.--The Congress finds the following:
(1) Tsunami are a series of large waves of long wavelength
created by the displacement of water by violent undersea
disturbances such as earthquakes, volcanic eruptions,
landslides, explosions, and the impact of cosmic bodies.
(2) Tsunami have caused, and can cause in the future,
enormous loss of human life, injury, destruction of property,
and economic and social disruption in coastal and island
communities.
(3) While 85 percent of tsunami occur in the Pacific Ocean,
and coastal and island communities in this region are the most
vulnerable to the destructive results, tsunami can occur at any
point in any ocean or related body of water where there are
earthquakes, volcanoes, or any other activity that displaces a
large volume of water.
(4) A number of States and territories are subject to the
threat of tsunamis, including Alaska, California, Hawaii,
Oregon, Washington, American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, and the U.S.
Virgin Islands.
(5) The National Oceanic and Atmospheric Administration is
responsible for maintaining a tsunami detection and warning
system for the Nation, issuing warnings to United States
communities at risk from tsunami, and preparing those
communities to respond appropriately, through--
(A) the Pacific Tsunami Warning Center in Ewa
Beach, Hawaii, which serves as a warning center for
Hawaii, all other United States assets in the Pacific,
and Puerto Rico;
(B) the Alaska/West Coast Tsunami Warning Center in
Palmer, Alaska, which is responsible for issuing
warnings for Alaska, British Columbia, California,
Oregon, and Washington;
(C) the Federal-State national tsunami hazard
mitigation program;
(D) a tsunami research and assessment program,
including programs conducted by the Pacific Marine
Environmental Laboratory;
(E) the TsunamiReady Program, which educates and
prepares communities for survival before and during a
tsunami;
(F) an archive of historical tsunami data, held at
the National Oceanic and Atmospheric Administration's
National Geophysical Data Center; and
(G) other related programs, including those
operated in coordination with academic institutions.
(6) The National Oceanic and Atmospheric Administration
also represents the United States as a member of the
International Coordination Group for the Tsunami Warning System
in the Pacific, administered by the Intergovernmental
Oceanographic Commission of UNESCO, for which the Pacific
Tsunami Warning Center acts as the operational center and
shares seismic and water level information with 26 member
states, and maintains UNESCO's International Tsunami
Information Center, in Honolulu, Hawaii, which provides
technical and educational assistance to member states.
(7) The Tsunami Warning Centers receive seismographic
information from the Global Seismic Network, an international
system of earthquake monitoring stations, from the United
States Geological Survey National Earthquake Information
Center, the Alaska Earthquake Information Center, and
cooperative regional seismic networks, and use these data to
issue tsunami warnings and integrate the information with data
from their own tidal and deep ocean monitoring stations, to
cancel or verify the existence of a damaging tsunami. Warnings
are disseminated by the National Oceanic and Atmospheric
Administration to State emergency operation centers.
(8) Current gaps in the International Tsunami Warning
System, such as the lack of regional warning systems in the
Indian Ocean, the southwest Pacific Ocean, Central and South
America, the Mediterranean Sea, and Caribbean, pose risks for
coastal and island communities.
(9) The tragic and extreme loss of life experienced by
countries in the Indian Ocean following the magnitude 9.0
earthquake and resulting tsunami in that region on December 26,
2004, illustrates the destructive consequences which can occur
in the absence of an effective tsunami warning and notification
system.
(10) An effective tsunami warning and notification system
is part of a multi-hazard disaster warning and preparedness
program and requires real-time seismic, sea level, and
oceanographic data, high-speed data analysis capabilities, a
high-speed tsunami warning and notification system, a sustained
program of education and risk assessment to develop response
strategies, and an established local infrastructure for timely
and effective dissemination of warnings to activate evacuation
of tsunami hazard zones.
(11) The Tsunami Warning System for the Pacific is a model
for other regions of the world to adopt, and can be expanded
and modernized to increase detection, forecast, and warning
capabilities for vulnerable states and territories, reduce the
incidence of costly false alarms, improve reliability of
measurement and assessment technology, and increase community
preparedness.
(12) Tsunami warning and preparedness capability can be
developed in other vulnerable areas of the world, such as the
Indian Ocean, by identifying tsunami hazard zones, educating
populations, developing alert and notification infrastructure,
and by deploying near real-time tsunami detection sensors and
gauges, establishing hazard notification and warning networks,
expanding global monitoring of seismic activity, encouraging
the increased exchange of seismic and tidal data between
nations, and improving international coordination when a
tsunami is detected.
(13) UNESCO has recognized the need to establish tsunami
warning systems for regions beyond the Pacific Basin that are
vulnerable to tsunami, including the Indian Ocean, and has
convened a working group to lead an effort to expand the
International Tsunami Warning System in the Pacific to such
vulnerable regions.
(14) The international community and all vulnerable nations
should take coordinated efforts to establish and participate in
regional tsunami warning systems and other hazard warnings
systems developed to meet the goals of the United Nations
International Strategy for Disaster Reduction.
(15) On February 16, 2005, the United States, together with
53 other Nations participating in the Third Earth Observation
Summit in Brussels, Belgium, adopted a 10-year implementation
plan as the basis for establishing the Global Earth Observation
System of Systems.
(16) The Global Earth Observation System of Systems will
consist of existing and future earth observation systems,
including the United States tsunami detection and warning
system.
(b) Purposes.--The purposes of this title are--
(1) to improve tsunami detection, forecast, warnings,
notification, preparedness, and mitigation in order to protect
life and property both in the United States and elsewhere in
the world;
(2) to improve and modernize the existing Pacific Tsunami
Warning System to increase coverage, reduce false alarms and
increase accuracy of forecasts and warnings, and expand
detection and warning systems to include other vulnerable
States and United States territories, including the Caribbean/
Atlantic/Gulf region;
(3) to increase and accelerate mapping, modeling, research,
assessment, education, and outreach efforts in order to improve
forecasting, preparedness, mitigation, response, and recovery
of tsunami and related coastal hazards;
(4) to provide technical and other assistance to speed
international efforts to establish regional tsunami warning
systems in vulnerable areas worldwide, including the Indian
Ocean; and
(5) to improve Federal, State, and international
coordination for tsunami and other coastal hazard warnings and
preparedness.

SEC. 203. TSUNAMI DETECTION AND WARNING SYSTEM.

(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall operate regional tsunami detection and
warning systems for the Pacific Ocean region and for the Atlantic
Ocean, Caribbean, and Gulf of Mexico region that will provide maximum
detection capability for United States coastal tsunami.
(b) System Requirements.--
(1) Pacific system.--The Pacific tsunami warning system
shall cover the entire Pacific Ocean area, including the
Western Pacific, the Central Pacific, the North Pacific, the
South Pacific, and the East Pacific and Arctic areas.
(2) Atlantic, caribbean, and gulf of mexico system.--The
Atlantic, Caribbean, and Gulf system shall cover areas of the
Atlantic Ocean, Caribbean Sea, and the Gulf of Mexico that the
Administrator determines--
(A) to be geologically active, or to have
significant potential for geological activity; and
(B) to pose measurable risks of tsunamis for States
along the coastal areas of the Atlantic Ocean or the
Gulf of Mexico.
(3) Components.--The systems shall--
(A) utilize an array of deep ocean detection buoys,
including redundant and spare buoys;
(B) include an associated tide gauge and water
level system designed for long-term continuous
operation tsunami transmission capability;
(C) allow for such additional sensors as may be
necessary for tsunami and weather warnings and
forecasts;
(D) provide for the establishment of a cooperative
effort between the National Oceanic and Atmospheric
Administration and the United States Geological Survey
under which the Geological Survey and State earthquake
information centers provide rapid and reliable real-
time seismic information to the Administration from
international and domestic seismic networks;
(E) provide for information and data processing
through the tsunami warning centers established under
subsection (c);
(F) be integrated into United States and global
ocean and earth observing systems, including the Global
Earth Observation System of Systems;
(G) provide an infrastructure, building on local
systems, for at-risk tsunami communities that supports
rapid and reliable alert and notification to the
public, such as the National Oceanic and Atmospheric
Administration's Weather, Alert, and Readiness Network,
which includes the weather radio and the All Hazard
Alert Broadcasting Radio; and
(H) the integration of NOAA's Advanced Weather
Interactive Processing System with other technologies.
(4) Federal cooperation.--In deploying and maintaining
detection buoys utilized in the tsunami warning system, the
Administrator should leverage the assistance and assets of the
United States Coast Guard, the Navy, and other Federal agency
assets in the region. Within 180 days after the date of
enactment of this Act, the Administrator shall provide a report
to the Senate committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Science, and the House of Representatives Committee on
Resources that summarizes the extent to which the United States
Coast Guard or any other Federal agency is assistance in
deploying and maintaining such buoys.
(c) Tsunami Warning Centers.--
(1) In general.--The Administrator shall establish tsunami
warning centers to provide a link between the detection and
warning system and the tsunami hazard mitigation program
established under section 204 including--
(A) a Pacific Tsunami Warning Center in Hawaii;
(B) a West Coast and Alaska Tsunami Warning Center
in Alaska; and
(C) any additional warning centers determined by
the Administrator to be necessary.
(2) Responsibilities.--The responsibilities of each tsunami
warning center shall include--
(A) continuously monitoring data from seismological
stations, deep ocean detection buoys, and tidal
monitoring stations and providing such data to the
national tsunami archive;
(B) evaluating earthquakes that have the potential
to generate tsunami;
(C) evaluating deep ocean buoy data and tidal
monitoring stations for indications of tsunami
resulting from sources other than earthquakes; and
(D) disseminating information and warning bulletins
appropriate for local and distant tsunamis to
government agencies and the public and alerting
potentially impacted coastal areas for evacuation.
(d) Data Management.--The Administrator shall maintain national and
regionally-based data management systems to support and establish data
management requirements for the tsunami detection and monitoring
system, including requirements for--
(1) quality control and quality assurance;
(2) archiving and maintaining data;
(3) supporting integration of observations from the system
with other national and international water level measurements,
such as the Global Sea Level Monitoring System;
(4) integration of observations from the system with other
elements of the global and coastal components of the integrated
ocean and coastal observing system and the Global Earth
Observation System of Systems; and
(5) the development of and access to data sets and
integrated data products designed to support multi-hazard
regional vulnerability assessment and adaptation programs such
as the program established under section 208.

SEC. 204. TSUNAMI HAZARD MITIGATION PROGRAM.

(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall, in coordination with other agencies
and academic institutions, develop and conduct a community-based
tsunami hazard mitigation program to improve tsunami preparedness of
at-risk areas.
(b) Coordinating Committee.--In developing and conducting the
program, the Administrator shall establish a coordinating committee
comprising representatives of Federal agencies and other governmental
entities involved in tsunami mitigation and response, including--
(1) the National Oceanic and Atmospheric Administration;
(2) the United States Geological Survey;
(3) the National Science Foundation;
(4) the National Institute of Standards and Technology; and
(5) affected coastal States and territories.
(c) Program Components.--The program shall--
(1) improve the quality and extent of inundation mapping,
including assessment of vulnerable inner coastal areas;
(2) promote and improve community outreach and education
networks and programs to ensure community awareness and
readiness, including the development of multi-hazard risk and
vulnerability assessment training and decision support tools,
implementation of technical training and public education
programs, and provide for certification of prepared
communities;
(3) integrate tsunami awareness, preparedness, and
mitigation programs into ongoing hazard warning and risk
management programs in affected areas including the National
Response Plan and State coastal zone management plans;
(4) promote the adoption of tsunami warning and mitigation
measures by Federal, State, tribal, and local governments and
non-governmental entities through a grant program for training,
development of guidelines, and other purposes;
(5) develop tsunami specific rescue and recovery guidelines
for the National Response Plan, including long-term mitigation
measures, educational programs regarding the consequences of
development in high-risk areas, and use of remote sensing and
other technology in rescue and recovery operations;
(6) require budget coordination, through the
Administration, to carry out the purposes of this title and to
ensure that participating agencies provide necessary funds for
matters within their respective areas of authority and
expertise; and
(7) provide for periodic external review of the program and
for inclusion of the results of such reviews in the report
required by section 206(e).

SEC. 205. TSUNAMI RESEARCH PROGRAM.

(a) Establishment.--The Administrator of the National Oceanic and
Atmospheric Administration shall, in coordination with other agencies
and academic institutions, establish a tsunami research program to
develop detection, prediction, communication, and mitigation science
and technology that supports tsunami forecasts and warnings, including
advanced sensing techniques, information and communication technology,
data collection, analysis and assessment for tsunami tracking and
numerical forecast modeling that will--
(1) help determine--
(A) whether an earthquake or other seismic event
will result in a tsunami; and
(B) the likely path, severity, duration, and travel
time of a tsunami;
(2) develop techniques and technologies that may be used to
communicate tsunami forecasts and warnings as quickly and
effectively as possible to affected communities;
(3) develop techniques and technologies to support
evacuation products, including real-time notice of the
condition of critical infrastructure along tsunami evacuation
routes for public officials and first responders; and
(4) develop techniques for utilizing remote sensing
technologies in rescue and recovery operations.
(b) Technology.--The Administrator, in consultation with other
appropriate Federal agencies, shall investigate the potential for
improved technology for tsunami and other hazard warnings by
incorporating into the existing system a full range of options for
providing those warnings to the public.

SEC. 206. TSUNAMI SYSTEM UPGRADE AND MODERNIZATION.

(a) System Upgrades.--The Administrator of the National Oceanic and
Atmospheric Administration shall--
(1) authorize and direct the immediate repair of existing
deep ocean detection buoys and related components of the
system;
(2) ensure the deployment of an array of deep ocean
detection buoys capable of carrying multi-observation
technology in the regions described in section 203(a) of this
title;
(3) ensure expansion or upgrade of the seismic monitoring
and tide gauge networks in the regions described in section
203(a); and
(4) complete the upgrades not later than December 31, 2007.
(b) Transfer of Technology; Maintenance and Upgrades.--In carrying
out this section, the Administrator shall--
(1) promulgate specifications and standards for forecast,
detection, and warning systems, including detection equipment;
(2) develop and execute a plan for the transfer of
technology from ongoing research to long-term operations;
(3) ensure that detection equipment is maintained in
operational condition to fulfill the forecasting, detection and
warning requirements of the regional tsunami detection and
warning systems;
(4) obtain, to the greatest extent practicable, priority
treatment in budgeting for, acquiring, transporting, and
maintaining weather sensors, tide gauges, water level gauges,
and tsunami buoys incorporated into the system including
obtaining ship time; and
(5) ensure integration of the tsunami detection system with
other United States and global ocean and coastal observation
systems, the Global Earth Observation System of Systems, global
seismic networks, and the Advanced National Seismic System.
(c) Certification.--Amounts appropriated for any fiscal year
pursuant to section 209 to carry out this section may not be obligated
or expended for the acquisition of services for construction or
deployment of tsunami detection equipment unless the Administrator
certifies in writing to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on Science, and
the House of Representatives Committee on Resources within 60 calendar
days after the date on which the President submits the Budget of the
United States for that fiscal year to the Congress that--
(1) each contractor for such services has met the
requirements of the contract for such construction or
deployment;
(2) the equipment to be constructed or deployed is capable
of becoming fully operational without the obligation or
expenditure of additional appropriated funds; and
(3) the Administrator does not reasonably foresee
unanticipated delays in the deployment and operational schedule
specified in the contract.
(d) Congressional Notifications.--The Administrator shall notify
the Senate Committee on Commerce, Science, and Transportation, the
House of Representatives Committee on Science, and the House of
Representatives Committee on Resources of--
(1) impaired regional detection coverage due to equipment
or system failures; and
(2) significant contractor failures or delays in completing
work associated with the tsunami detection and warning system.
(e) Annual Report.--The Administrator shall transmit an annual
report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Science the status of the
tsunami detection and warning system, including accuracy, false alarms,
equipment failures, improvements over the previous year, and goals for
further improvement (or plans for curing failures) of the system, as
well as progress and accomplishments of the national tsunami hazard
mitigation program.
(f) External Review.--The National Academy of Science shall review
the tsunami detection, forecast, and warning system operated by the
National Oceanic and Atmospheric Administration under this title to
assess further modernization and coverage needs, as well as long-term
operational reliability issues, taking into account measures
implemented under this title, and transmit a report containing its
recommendations, including an estimate of the costs of implementing
those recommendations, to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Science within 24 months after the date of enactment of this Act.

SEC. 207. GLOBAL TSUNAMI WARNING AND MITIGATION NETWORK.

(a) International Tsunami Warning System.--The Administrator of the
National Oceanic and Atmospheric Administration, in coordination with
other members of the United States Interagency Committee of the
National Tsunami Mitigation Program, shall provide technical assistance
and advice to the Intergovernmental Oceanographic Commission of UNESCO,
the World Meteorological Organization, the Group on Earth Observations,
and other international entities, as part of international efforts to
develop a fully functional global tsunami warning system comprised of
regional tsunami warning networks, modeled on the International Tsunami
Warning System of the Pacific, and consistent with the 10-year
implementation plan for the Global Earth Observation System of Systems.
(b) International Tsunami Information Center.--The Administrator
shall operate an International Tsunami Information Center to improve
tsunami preparedness for all Pacific Ocean nations participating in the
International Tsunami Warning System of the Pacific, and which may also
provide such assistance to other nations participating in a global
tsunami warning system established through the International
Oceanographic Committee of UNESCO. As part of its responsibilities in
the Pacific, the Center shall--
(1) monitor international tsunami warning activities in the
Pacific;
(2) assist member states in establishing national warning
systems, and make information available on current technologies
for tsunami warning systems;
(3) maintain a library of materials to promulgate knowledge
about tsunamis in general and for use by the scientific
community; and
(4) disseminate information, including educational
materials and research reports.
(c) Technical Assistance.--In carrying out this section, the
Administrator--
(1) shall give priority to assisting nations in identifying
vulnerable coastal areas, creating inundation maps, obtaining
or designing real-time detection and reporting equipment, and
establishing communication and warning networks and contact
points in each vulnerable nation;
(2) may establish a process for transfer of detection and
communication technology to affected nations for the purposes
of establishing the international tsunami warning system; and
(3) shall provide technical and other assistance to support
international tsunami education, response, vulnerability, and
adaptation programs.
(d) Data-sharing Requirement.--The Administrator may not provide
assistance under this section for any region unless all affected
nations in that region participating in the tsunami warning network
agree to share relevant data associated with the development and
operation of the network.
(e) Funding Assistance.--The Administrator, in coordination with
the Secretary of State, shall seek funding assistance from
participating nations needed to ensure establishment of a fully
functional global tsunami warning system.
(f) Receipt of International Reimbursement Authorized.--The
Administrator may accept payment to, or reimbursement of, the National
Oceanic and Atmospheric Administration in cash or in kind from
international organizations and foreign authorities, or payment or
reimbursement made on behalf of such an authority, for expenses
incurred by the Administrator in carrying out any activity under this
title. Any such payments or reimbursements shall be considered a
reimbursement to the appropriated funds of the Administration.

SEC. 208. COASTAL COMMUNITY VULNERABILITY AND ADAPTATION PROGRAM.

(a) Establishment.--The Administrator of the National Oceanic and
Atmospheric Administration shall establish an integrated coastal
vulnerability and adaptation program focused on improving the
resilience of coastal communities to natural hazards and disasters. The
program shall be regional in nature, build upon and integrate existing
Federal and State programs, and provide usable products that will
improve preparedness of communities, businesses, and government
entities. The program may include the following activities:
(1) Development of multi-hazard vulnerability maps to
characterize and assess risks of coastal communities to a range
of natural hazards and provide a baseline for assessing future
risks.
(2) Multi-disciplinary vulnerability assessment research
and education that will help integrate risk management with
community development planning and policies.
(3) Risk management and leadership training for the public,
local officials, and institutions that will enhance
understanding and preparedness.
(4) Risk assessment technology development, including
research and development of emerging technologies and practical
application of existing or emerging technologies, such as
modeling, remote sensing, geospatial technology, engineering,
and observing systems.
(5) Risk management data and information services,
including access to data and products derived from observing
and detection systems, as well as development and maintenance
of new integrated data products that would support risk
assessment and risk management programs.
(6) Risk notification systems that coordinate with and
build upon existing systems and actively engage policy
officials, government agencies, businesses, communities, non-
governmental organizations, and the media.
(b) Regional Pilot Projects.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Administrator shall, in consultation with the
appropriate Federal, State, tribal, and local governmental
entities, establish 3 pilot projects to conduct regional
assessments of the vulnerability of coastal areas of the United
States to hazards associated with tsunami and other natural
hazards or coastal disasters. Priority shall be given to
collaborative partnership proposals from regionally-based
multi-organizational coalitions. In preparing the regional
assessments, the Administrator shall collect and compile
current information on tsunami and other natural hazards or
coastal disasters.
(2) Scope.--Regional assessments under the pilot program
shall include an evaluation of--
(A) the social impacts associated with threats to
and potential losses of housing, communities, and
infrastructure;
(B) the physical impacts such as coastal erosion,
flooding and loss of estuarine habitat, saltwater
intrusion of aquifers and saltwater encroachment, and
species migration;
(C) the economic impact on local, State, tribal,
and regional economies, including the impact on coastal
infrastructure and the abundance or distribution of
economically important living marine resources; and
(D) opportunities to enhance the resilience of at-
risk communities, economic sectors, and natural
resources.
(c) Selection Criteria.--The Administrator shall rely on the
following criteria in identifying appropriate regional pilot projects:
(1) Vulnerability to tsunami and other natural hazards or
coastal disasters.
(2) Dependence on economic sectors and natural resources
that are particularly sensitive to coastal hazards.
(3) Opportunities to link and leverage related regional
risk observation, research, forecasting, assessment,
educational and risk management programs.
(4) Demonstration of strong, interagency collaboration in
the area of risk management for tsunami and other natural
hazards or coastal disasters.
(5) Access to NOAA and other Federal agency programs,
facilities, and infrastructure related to tsunami and other
coastal hazards monitoring, warning, forecasting, research
assessment, and data management.
(d) Regional Adaptation Plans.--The Administrator shall, within 3
years after the commencement of each project under subsection (b),
submit to the Congress regional adaptation plans--
(1) based on the information contained in the regional
assessments conducted under subsection (b);
(2) developed with the participation of other Federal
agencies, State, tribal, and local government agencies, and
non-governmental entities (including academia and the private
sector) that will be critical in the implementation of the plan
at the State, tribal, and local levels;
(3) that recommend targets and strategies to address
impacts associated with tsunami and other natural hazards or
coastal disasters;
(4) that include recommendations for both short- and long-
term adaptation strategies; and
(5) that include recommendations on--
(A) Federal flood insurance program modifications;
(B) areas that have been identified as high risk
through mapping and assessment;
(C) enhancing the effectiveness of State coastal
zone management programs in mitigating or preventing
coastal risks;
(D) mitigation incentives such as rolling
easements, strategic retreat, State or Federal
acquisition in fee simple or other interest in land,
construction standards, and zoning;
(E) land and property owner education;
(F) economic planning for small communities
dependent upon affected coastal resources, including
fisheries; and
(G) funding requirements and mechanisms.
(e) Technical Planning and Financial Assistance.--The
Administrator, through the National Ocean Service, shall establish a
coordinated program--
(1) to provide technical planning assistance and financial
assistance to coastal States, tribes, and local governments as
they develop and implement adaptation or mitigation strategies
and plans under this section; and
(2) to make products, information, tools, and technical
expertise generated from the development of the regional
assessment and the regional adaptation plan available to
coastal States for the purposes of developing their own State,
tribal, and local plans.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to the
Administrator of the National Oceanic and Atmospheric Administration--
(1) $35,000,000 for each of fiscal years 2006 through 2012
to carry out this title (other than section 208); and
(2) $5,000,000 for each of such fiscal years to carry out
section 208, of which at least $3,000,000 for each fiscal year
shall be used to carry out the pilot projects authorized by
section 208(b).
(b) Funding.--The Secretary of Commerce is authorized to use
amounts from the Digital Transition and Public Safety Fund in
accordance with section 5 of the Digital Transition and Public Safety
Act of 2005 to carry out this title as an offsetting collection in, and
credited to, the account providing appropriations to carry out this
title.

Calendar No. 321

109th CONGRESS

1st Session

S. 1753

[Report No. 109-204]

_______________________________________________________________________

A BILL

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

_______________________________________________________________________

December 8, 2005

Reported with an amendment