II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Warning, Alert, and Response Network Act’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Establishment of all hazards alert system. 

Sec. 3. National program office. 

Sec. 4. Working group on national alert system. 

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

Sec. 6. Characteristics of alerts. 

Sec. 7. Implementation and use of system. 

Sec. 8. Definitions. 

Sec. 9. Authorization of appropriations. 

3 SEC. 2. ESTABLISHMENT OF ALL HAZARDS ALERT SYSTEM. 

4 (a) ESTABLISHMENT.—There is established an all 

5 hazards alert system that— 

6 (1) will enable any appropriate Federal depart7 ment or agency or State or local governmental entity 

8 to alert the public to any imminent threat from nat9 ural phenomena, accidents, natural disasters, ter10 rorist activity, and other emergency situations that 

11 present a significant risk of injury or death to the 

12 public; 

13 (2) will be coordinated with and supplement ex14 isting Federal, State, and local emergency warning 

15 and alert system; 

16 (3) will be flexible enough in its application to 

17 permit narrowly targeted alerts in circumstances in 

18 which only a small geographic area is exposed or po19 tentially exposed to the threat; and 

20 (4) will transmit alerts in response to natural 

21 hazards, hazardous materials incidents, and terrorist 
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1 attacks across the greatest possible variety of media, 

2 including digital and analog broadcast, cable, and 

3 satellite television and radio, wireless telecommuni4 cations, and hardwire telecommunications, to reach 

5 the largest portion of the affected population. 

6 (b) TECHNOLOGY.—The System— 

7 (1) shall incorporate multiple technologies for 

8 effecting mass communications and be designed to 

9 adapt to, and incorporate, future technologies for 

10 communicating directly with the public; 

11 (2) include mechanisms and technologies to en12 sure that members of the public with disabilities are 

13 able to receive alerts and information provided 

14 through the System; 

15 (3) may not interfere with existing alert, warn16 ing, or emergency communications systems employed 

17 by Federal, State, or local emergency response per18 sonnel; 

19 (4) shall be designed to provide alerts over as 

20 diverse a group of media as possible, to include dig21 ital and analog broadcast, cable, and satellite tele22 vision and radio, wireless telecommunications, and 

23 landline communications and technologies for com24 municating within rural communities; 
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1 (5) shall incorporate existing emergency alert 

2 technologies currently utilized by digital and analog 

3 broadcast, cable, and satellite television and radio; 

4 and 

5 (6) shall incorporate technologies to alert tradi6 tionally underserved communities. 

7 (c) OFFICIAL ACCESS AND ACTIVATION.—The direc8 tor shall implement procedures that ensure that— 

9 (1) the System is available to, and enables, 

10 credentialed personnel to access and utilize the Sys11 tem to provide geographically targeted alerts where 

12 such alerts are appropriate; and 

13 (2) the System is available to, and enables, 

14 State and local public safety officials to provide 

15 alerts for hazards within their respective jurisdic16 tions subject to a mechanism developed by the 

17 Working Group for verifying the legitimacy and au18 thenticity of a proffered System alert, ensuring the 

19 proffered alert’s compliance with regulations estab20 lished by the Office, and guaranteeing the integrity 

21 of a System alert from the point of origination to 

22 delivery. 

23 (d) PUBLIC ACCESS.—The System shall— 

24 (1) utilize multiple technologies for providing 

25 alerts to the public, including technologies that do 
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1 not require members of the public to activate a par2 ticular device or use a particular technology to re3 ceive an alert provided via the System; 

4 (2) provide redundant alert mechanisms where 

5 practicable so as to reach the greatest number of 

6 people regardless of whether they have access to, or 

7 utilize, any specific medium of communication or 

8 any particular device; and 

9 (3) incorporate means by which an individual 

10 may remove a passive alert device from the System 

11 or otherwise block alerts transmitted through the de12 vice to the individual on a device owned or controlled 

13 by that individual. 

14 (e) EAS COORDINATION AND REQUIREMENTS.—The 

15 director shall work with the Federal Communications 

16 Commission to ensure that the System— 

17 (1) complements, rather than duplicates, the 

18 current emergency alert system; and 

19 (2) obtains the maximum benefit possible from 

20 the utilization of existing research and development, 

21 technologies, and processes developed for or utilized 

22 by the emergency alert system. 

23 (f) EMERGENCY ALERT SYSTEM.—Notwithstanding 

24 any other provision of law, all broadcast licensees or per25 mittees engaged in digital broadcasting shall broadcast 
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1 any emergency alert, including alerts under the emergency 

2 alert system established pursuant to sections 1, 4, 303, 

3 and 706 of the Communications Act of 1934 (47 U.S.C. 

4 151, 154, 303, and 606) governing war emergency powers 

5 of the President of the United States, at the request of— 

6 (1) the President of the United States; 

7 (2) the Secretary of Homeland Security; or 

8 (3) a governor of a State in which it broad9 casts. 

10 SEC. 3. NATIONAL PROGRAM OFFICE. 

11 (a) ESTABLISHMENT.— 

12 (1) IN GENERAL.—The National Program Of13 fice is established within the National Oceanic and 

14 Atmospheric Administration. 

15 (2) DIRECTOR.—The office shall be headed by 

16 a director with at least 5 years’ operational experi17 ence in the management and issuance of warnings 

18 and alerts, hazardous event management, or disaster 

19 planning. 

20 (3) STAFF.—The office shall have a staff with 

21 significant technical expertise in the telecommuni22 cations industry. The director may request the de23 tailing, with or without reimbursement, of staff from 

24 any appropriate Federal department or agency in 

25 order to ensure that the concerns of all such depart-
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1 ments and agencies are incorporated into the daily 

2 operation of the System. 

3 (b) FUNCTIONS AND RESPONSIBILITIES.— 

4 (1) IN GENERAL.—The Office shall conduct the 

5 day-to-day operation and management of the Sys6 tem. 

7 (2) IMPLEMENTATION OF WORKING GROUP

8 RECOMMENDATIONS.—The Office shall be respon9 sible for implementing the recommendations of the 

10 Working Group established by section 4 regarding— 

11 (A) the technical issuance of alerts; 

12 (B) the incorporation of new technologies 

13 into the System; and 

14 (C) the technical capabilities of the Sys15 tem. 

16 (c) REPORTS.— 

17 (1) INITIAL PROGRESS REPORT.—Fifteen 

18 months after the date of enactment of this Act, the 

19 director shall transmit a report to the President, the 

20 Senate Committee on Commerce, Science, and 

21 Transportation and Committee on Homeland Secu22 rity and Governmental Affairs and the House of 

23 Representatives Committee on Energy and Com24 merce and Committee on Homeland Security con25 cerning— 
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1 (A) the progress made toward operational 

2 activation of the System; and 

3 (B) the anticipated date on which the Sys4 tem will be activated. 

5 (2) ANNUAL REPORTS.—The director shall sub6 mit an annual report to the Senate Committee on 

7 Commerce, Science, and Transportation and Com8 mittee on Homeland Security and Governmental Af9 fairs and the House of Representatives Committee 

10 on Energy and Commerce and Committee on Home11 land Security on the status of, and plans for, the 

12 System. 

13 (3) 5-YEAR PLAN.—Within 1 year after the 

14 date of enactment of this Act and every 5 years 

15 thereafter, the director shall publish a 5-year plan 

16 that outlines future capabilities and warning tech17 nologies for the System. The plan shall serve as the 

18 long-term planning document for the Office. 

19 (d) RESEARCH AND DEVELOPMENT PROGRAM.—The 

20 director shall establish a research and development pro21 gram to support the development of technology that will 

22 enable all existing and future providers of communications 

23 services and all existing and future communications de24 vices to be utilized effectively with the System. 
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1 SEC. 4. WORKING GROUP ON NATIONAL ALERT SYSTEM. 

2 (a) ESTABLISHMENT OF WORKING GROUP.—Not 

3 later than 60 days after the date of enactment of this Act, 

4 the director of the National Program Office shall establish 

5 a working group, to be known as the Working Group on 

6 the National Alert System. The director of the Office shall 

7 serve as chairperson of the Working Group. 

8 (b) MEMBERSHIP.— 

9 (1) FEDERAL GOVERNMENT.—The membership 

10 of the Working Group shall include appropriate per11 sonnel from the National Institute of Standards and 

12 Technology, the National Oceanic and Atmospheric 

13 Administration, the Federal Communications Com14 mission, and the Federal Emergency Management 

15 Agency. The chair may also include in the Working 

16 Group representatives of other Federal agencies as 

17 appropriate. 

18 (2) STATE AND LOCAL GOVERNMENTS, ETC.— 

19 The Working Group shall include 8 representatives 

20 from State and local governments and 5 representa21 tives of emergency services personnel, selected by na22 tional organizations representing such governments 

23 and personnel. 

24 (3) COMMUNICATIONS SERVICE PROVIDERS.— 

25 Membership in the Working Group shall be open to 

26 representatives of— 
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1 (A) communications service providers, 

2 (B) vendors, developers, and manufactur3 ers of facilities, equipment, and capabilities for 

4 the provision of communications services, and 

5 (C) trusted third party service bureaus, 

6 who have the requisite technical knowledge and ex7 pertise to assist the Working Group in the fulfill8 ment of its duties. 

9 (4) APPOINTMENTS.—The initial meeting of the 

10 Working Group shall take place not later than 60 

11 days after the date of the enactment of this Act. 

12 (5) VACANCIES.—Any vacancy in the Working 

13 Group shall not affect its powers, but shall be filled 

14 in the same manner as the original appointment. 

15 (c) DUTIES OF THE WORKING GROUP.—Not later 

16 than 1 year after the enactment of this Act, the Working 

17 Group shall transmit to the director— 

18 (1) a description of the emergency alert service 

19 to be provided by the System; 

20 (2) guidelines for the technical capabilities of 

21 the System; 

22 (3) guidelines for technical capability that pro23 vides for the priority transmission of System alerts; 

24 (4) guidelines for the other capabilities of the 

25 System as specified in this Act; and 
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1 (5) standards to which the equipment and tech2 nologies in the System must conform. 

3 (d) ACCEPTANCE OF GIFTS AND GRANTS.—The 

4 Working Group may accept, use, and dispose of gifts or 

5 grants of services or property, both real and personal, for 

6 purposes of aiding or facilitating the work of the Working 

7 Group. Gifts or grants not used at the expiration of the 

8 Working Group shall be returned to the donor or grantor. 

9 (e) OTHER RESOURCES.—The Working Group shall 

10 have reasonable access to— 

11 (1) materials, resources, data, and other infor12 mation from the National Institute of Standards and 

13 Technology, the Department of Commerce and its 

14 agencies, the Department of Homeland Security and 

15 its bureaus, and the Federal Communications Com16 mission; and 

17 (2) the facilities of any such agency for pur18 poses of conducting meetings. 

19 (f) RULES OF THE WORKING GROUP.— 

20 (1) QUORUM.—One-third of the members of the 

21 Working Group shall constitute a quorum for con22 ducting business of the Working Group. 

23 (2) MEETINGS.—The chairperson shall convene 

24 meetings. Any meetings held by the Working Group 
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1 shall be duly noticed at least 14 days in advance and 

2 shall be open to the public. 

3 (3) PUBLIC NOTICE AND COMMENT.—The 

4 Working Group shall provide public notice and an 

5 opportunity for public comment on each of the mat6 ters committed to it. 

7 (4) SUBCOMMITTEES.—To assist the Working 

8 Group in carrying out its functions, the chairperson 

9 may establish appropriate subcommittees composed 

10 of members of the Working Group and other subject 

11 matter experts as deemed necessary. 

12 (5) ADDITIONAL RULES.—The Working Group 

13 may adopt other rules as needed. 

14 (g) FEDERAL ADVISORY COMMITTEE ACT.—Neither 

15 the Federal Advisory Committee Act (5 U.S.C. App. ) nor 

16 any rule, order, or regulation promulgated under that Act 

17 shall apply to the Working Group. 

18 SEC. 5. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT 

19 SYSTEMS. 

20 (a) GRANT PROGRAM.—The Office shall establish a 

21 program under which grants may be made to provide for 

22 the installation of technologies in remote communities ef23 fectively unserved by broadcast and wireless technologies 

24 for the purpose of enabling residents of those communities 

25 to receive System alerts. 
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1 (b) APPLICATIONS AND CONDITIONS.—In conducting 

2 the program, the director of the Office— 

3 (1) shall establish a notification and application 

4 procedure; and 

5 (2) may establish such conditions, and require 

6 such assurances, as may be appropriate to ensure 

7 the efficiency and integrity of the grant program. 

8 SEC. 6. CHARACTERISTICS OF ALERTS. 

9 (a) IN GENERAL.—The System shall be capable of— 

10 (1) notifying the public of hazardous situations 

11 that pose an imminent threat to the public health or 

12 safety; 

13 (2) providing appropriate instructions for ac14 tions to be taken by individuals affected or poten15 tially affected by such a situation; 

16 (3) transmitting public address by Federal, 

17 State, or local officials; and 

18 (4) notifying the public of when the hazardous 

19 situation has ended or brought under control. 

20 (b) EVENT ELIGIBILITY REGULATIONS.—The Office 

21 shall by regulation specify— 

22 (1) the classes of events or situations for which 

23 the System may be used to alert the public; and 

24 (2) the types of alerts that may be transmitted 

25 by or through use of the System. 
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1 (c) VOLUNTARY ALERTS RETRANSMITTAL.—The 

2 System shall be capable of transmitting alerts that are not 

3 of a nature described in subsection (a) subject to the re4 quirement that any recipient of such an alert shall take 

5 appropriate action to receive the alert. 

6 SEC. 7. IMPLEMENTATION AND USE OF SYSTEM. 

7 (a) CREDENTIALING.— 

8 (1) IN GENERAL.—The System shall include a 

9 credentialing process for public officials with respon10 sibility for issuing safety warnings to the public that 

11 will enable them to access the System. 

12 (2) REVIEW OF REQUESTS.—The Office shall 

13 review and approve requests for credentials from 

14 Federal, State, and local government agencies. All 

15 such requests shall be submitted to the Office by the 

16 head of the Federal department or agency, or the 

17 governor of the State, concerned. 

18 (3) SCOPE AND LIMITATIONS OF CREDEN19 TIALS.—The Office shall— 

20 (A) establish eligibility criteria for issuing, 

21 renewing, and revoking access credentials; 

22 (B) limit credentials to appropriate geo23 graphic areas or political jurisdictions; and 

24 (C) ensure that the credentials permit use 

25 of the System only for alerts that are consistent 
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1 with the jurisdiction, authority, and basis for 

2 eligibility of the individual credentialed to use 

3 the System. 

4 (4) PERIODIC TRAINING.—The Office shall— 

5 (A) establish a periodic training program 

6 for individuals credentialed to use the System; 

7 and 

8 (B) require credentialed individuals to un9 dergo periodic training under the program as a 

10 prerequisite for retaining their credentials to 

11 use the system. 

12 (b) ACCESS POINTS.—The System shall provide— 

13 (1) widely dispersed multiple access points to 

14 credentialed Federal, State, and local officials to 

15 input appropriate alerts into the System for retrans16 mission to citizens; and 

17 (2) system redundancies to ensure functionality 

18 in the event of partial system failures, power fail19 ures, or other interruptive events. 

20 (c) OPERATIONAL ANNOUNCEMENT.—The director of 

21 the National Program Office shall notify the President 

22 and the Congress when the System is operational, ready 

23 to be deployed, and capable of transmitting alerts across 

24 a variety of media to the public. 

25 (d) ELECTION TO CARRY SERVICE.— 
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1 (1) AMENDMENT OF LICENSE.—Within 60 days 

2 after the date of enactment of this Act, the Federal 

3 Communications Commission shall initiate a pro4 ceeding— 

5 (A) to allow any licensee providing mobile 

6 service (as defined in section 3(27) of the Com7 munications Act of 1934 (47 U.S.C. 153(27))) 

8 to transmit System alerts to all subscribers to, 

9 or users of, such service; and 

10 (B) to require any such licensee who elects 

11 under paragraph (2) not to participate in the 

12 transmission of System alerts, to disclose to po13 tential subscribers to its mobile service, at the 

14 point of sale of any devices with which its serv15 ice is included, that it will not transmit System 

16 alerts via its service. 

17 (2) ELECTION TO CARRY SERVICE.— 

18 (A) IN GENERAL.—Within 60 days after 

19 transmittal by the Working Group of the re20 quirements under section 4(c), each such li21 censee shall— 

22 (i) file an election with the Commis23 sion with respect to whether or not it in24 tends to participate in the transmission of 

25 System alerts; and 
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1 (ii) if it elects to participate, certify to 

2 the Commission that it will do so in a 

3 manner consistent with the standards and 

4 protocols implemented by the National 

5 Program Office. 

6 (B) WITHDRAWAL FROM OR LATER ENTRY

7 INTO SYSTEM.—The Commission shall establish 

8 a procedure for— 

9 (i) participating licensees to withdraw 

10 from the System; and 

11 (ii) licensees to enter the System at a 

12 date later than provided in subparagraph 

13 (A). 

14 (3) LIMITATION OF LIABILITY.—A licensee de15 scribed in paragraph (1) shall not be liable to any 

16 subscriber to, or user of, such licensee’s mobile serv17 ice for— 

18 (A) any act or omission related to or any 

19 harm resulting from the transmission of, or 

20 failure to transmit, a System alert to such sub21 scriber or user; 

22 (B) the failure, deficiency, or malfunction 

23 of any network, equipment, or facility of the 

24 provider or any other person, or the lack of cov25 erage or network capacity; 
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1 (C) the discontinuation of service or the 

2 unavailability of any networks, equipment, or 

3 facility of the provider or any other person; or 

4 (D) the release to a government agency or 

5 entity, public safety, fire service or law enforce6 ment official or emergency facility of subscriber 

7 information related to emergency alert mes8 sages. 

9 (e) DIGITAL TELEVISION TRANSMISSION TOWERS.— 

10 (1) RETRANSMISSION CAPABILITY.—Within 30 

11 days after the date of enactment of this Act, the 

12 Federal Communications Commission shall initiate a 

13 proceeding to require public broadcast television li14 censees and permittees to install necessary equip15 ment and technologies on, or as part of, any broad16 cast television digital signal transmitter for the re17 ception, relay, and retransmission of System alerts. 

18 (2) COMPENSATION.—The National Program 

19 Office established pursuant to section 3 shall com20 pensate any such licensee or permittee for costs in21 curred in complying with the requirements imposed 

22 pursuant to paragraph (1). 

23 (f) FCC REGULATION OF COMPLIANCE.—Except as 

24 provided in subsections (d) and (e), the Federal Commu25 nications Commission shall have no regulatory authority 
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1 under this Act except to regulate compliance with this Act 

2 by licensees and permittees regulated by the Commission 

3 under the Communications Act of 1934 (47 U.S.C. 151 

4 et seq.). 

5 SEC. 8. DEFINITIONS. 

6 In this Act: 

7 (1) DIRECTOR.—The term ‘‘director’’ means 

8 the director of the National Program Office. 

9 (2) OFFICE.—The term ‘‘Office’’ means the 

10 National Program Office. 

11 (3) SYSTEM.—The term ‘‘System’’ means the 

12 national alert system operated and managed by the 

13 Office. 

14 (4) WORKING GROUP.—The term ‘‘Working 

15 Group’’ means the Working Group on the National 

16 Alert System established in section 4. 

17 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Un19 dersecretary of Commerce for Oceans and Atmosphere 

20 $250,000,000 for fiscal year 2006 to carry out this Act, 

21 such sum to remain available until expended. 

22 SECTION 1. TABLE OF CONTENTS. 

23 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. 
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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. 

1 TITLE I—NATIONAL ALERT 

2 SYSTEM 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Warning, Alert, and 

5 Response Network Act’’. 

6 SEC. 102. NATIONAL ALERT SYSTEM. 

7 (a) ESTABLISHMENT.—There is established a National 

8 Alert System to provide a public communications system 

9 capable of alerting the public on a national, regional, or 

10 local basis to emergency situations requiring a public re11 sponse. 

12 (b) FUNCTIONS.—The National Alert System— 

13 (1) will enable any Federal, State, tribal, or 

14 local government official with credentials issued by 

15 the National Alert Office under section 103 to alert 
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1 the public to any imminent threat that presents a sig2 nificant risk of injury or death to the public; 

3 (2) will be coordinated with and supplement ex4 isting Federal, State, trival, and local emergency 

5 warning and alert systems; 

6 (3) will be flexible enough in its application to 

7 permit narrowly targeted alerts in circumstances in 

8 which only a small geographic area is exposed or po9 tentially exposed to the threat; and 

10 (4) will transmit alerts across the greatest pos11 sible variety of communications technologies, includ12 ing digital and analog broadcasts, cable and satellite 

13 television, satellite and terrestrial radio, wireless com14 munications, wireline communications, and the Inter15 net to reach the largest portion of the affected popu16 lation. 

17 (c) CAPABILITIES.—The National Alert System— 

18 (1) shall incorporate multiple communications 

19 technologies and be designed to adapt to, and incor20 porate, future technologies for communicating directly 

21 with the public; 

22 (2) shall include mechanisms and technologies to 

23 ensure that members of the public with disabilities 

24 and older individuals (as defined in section 102(35) 

25 of the Older Americans Act of 1965 (42 U.S.C. 
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1 3002(35))) are able to receive alerts and information 

2 provided through the National Alert System; 

3 (3) may not interfere with existing alert, warn4 ing, priority access, or emergency communications 

5 systems employed by Federal, State, tribal, or local 

6 emergency response personnel and shall incorporate 

7 existing emergency alert technologies, including the 

8 NOAA All-Hazards Radio System, digital and analog 

9 broadcast, cable, and satellite television and satellite 

10 and terrestrial radio; 

11 (4) shall not be based upon any single technology 

12 or platform, but shall be designed to provide alerts to 

13 the largest portion of the affected population feasible 

14 and improve the ability of remote areas to receive 

15 alerts; 

16 (5) shall incorporate technologies to alert effec17 tively underserved communities (as determined by the 

18 Commission under section 107(a) of this title); 

19 (6) shall be capable of providing information in 

20 languages other than, and in addition to, English 

21 where necessary or appropriate; and 

22 (7) shall be designed to promote community pre23 paredness and response. 

24 (d) RECEPTION OF ALERTS.—The National Alert Sys25 tem shall— 
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1 (1) utilize multiple technologies for providing 

2 alerts to the public, including technologies that do not 

3 require members of the public to activate a particular 

4 device or use a particular technology to receive an 

5 alert provided via the National Alert System; and 

6 (2) provide redundant alert mechanisms where 

7 practicable so as to reach the greatest number of peo8 ple regardless of whether they have access to, or uti9 lize, any specific medium of communication or any 

10 particular device. 

11 (e) EXISTING FEDERAL WARNING SYSTEM COORDINA12 TION.—The director shall work with the Federal Commu13 nications Commission and other relevant Federal agencies 

14 to ensure that the National Alert System— 

15 (1) complements, rather than duplicates, existing 

16 Federal alert systems; and 

17 (2) obtains the maximum benefit possible from 

18 the utilization of existing research and development, 

19 technologies, and processes developed for or utilized by 

20 existing Federal alert systems. 

21 (f) EMERGENCY ALERT SYSTEM.—Within 1 year after 

22 the date of enactment of this Act, the Federal Communica23 tions Commission shall— 

24 (1) complete its proceeding Review of the Emer25 gency Alert System, EB Docket No. 04-296; 
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1 (2) ensure that the President, the Secretary of 

2 Homeland Security, and State Governors have access 

3 to the emergency alert system; and 

4 (3) ensure that the Emergency Alert System can 

5 transmit in languages other than English. 

6 SEC. 103. IMPLEMENTATION AND USE. 

7 (a) AUTHORITY TO ACCESS SYSTEM.— 

8 (1) IN GENERAL.—The National Alert Office 

9 shall establish a process for issuing credentials to Fed10 eral, State, tribal, or local government officials with 

11 responsibility for issuing safety warnings to the pub12 lic that will enable them to access the National Alert 

13 System. 

14 (2) REQUESTS FOR CREDENTIALS.—Requests for 

15 credentials from Federal, State, tribal, and local gov16 ernment agencies shall be submitted to the Office by 

17 the head of the Federal department or agency, or the 

18 governor of the State or the elected leader of a Feder19 ally recognized Indian tribe, concerned, for review 

20 and approval. 

21 (3) SCOPE AND LIMITATIONS OF CREDEN22 TIALS.—The Office shall— 

23 (A) establish eligibility criteria for issuing, 

24 renewing, and revoking access credentials; 
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1 (B) limit credentials to appropriate geo2 graphic areas or political jurisdictions; and 

3 (C) ensure that the credentials permit use of 

4 the National Alert System only for alerts that 

5 are consistent with the jurisdiction, authority, 

6 and basis for eligibility of the individual to 

7 whom the credentials are issued to use the Na8 tional Alert System. 

9 (4) PERIODIC TRAINING.—The Office shall— 

10 (A) establish a periodic training program 

11 for Federal, State, tribal, or local government of12 ficials with credentials to use the National Alert 

13 System; and 

14 (B) require such officials to undergo peri15 odic training under the program as a pre16 requisite for retaining their credentials to use the 

17 system. 

18 (b) ALLOWABLE ALERTS.— 

19 (1) IN GENERAL.—Any alert transmitted via the 

20 National Alert System, other than an alert described in 

21 paragraph (3), shall meet 1 or more of the following re22 quirements: 

23 (A) An alert shall notify the public of a 

24 hazardous situation that poses an imminent 

25 threat to the public health or safety. 
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1 (B) An alert shall provide appropriate in2 structions for actions to be taken by individuals 

3 affected or potentially affected by such a situa4 tion. 

5 (C) An alert shall transmit public addresses 

6 by Federal, State, tribal, or local officials when 

7 necessary. 

8 (D) An alert shall notify the public of when 

9 the hazardous situation has ended or has been 

10 brought under control. 

11 (2) EVENT ELIGIBILITY REGULATIONS.—The di12 rector of the National Alert Office, in consultation 

13 with the Working Group, shall by regulation speci14 fy— 

15 (A) the classes of events or situations for 

16 which the National Alert System may be used to 

17 alert the public; and 

18 (B) the content of the types of alerts that 

19 may be transmitted by or through use of the Na20 tional Alert System, which may include— 

21 (i) notifications to the public of a haz22 ardous situation that poses an imminent 

23 threat to the public health or safety accom24 panied by appropriate instructions for ac-
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1 tions to be taken by individuals affected or 

2 potentially affected by such a situation; and 

3 (ii) when technologically feasible public 

4 addresses by Federal, State, tribal, or local 

5 officials if necessary. 

6 (3) OPT-IN PROCEDURES FOR OPTIONAL

7 ALERTS.—The director of the Office may establish a 

8 procedure under which localized traffic, weather, com9 munity, or other non-emergency alerts may be trans10 mitted via the National Alert System in a manner 

11 that enables them to be received only by individuals 

12 who take appropriate action to receive such alerts. 

13 (c) ACCESS POINTS.—The National Alert System shall 

14 provide— 

15 (1) secure, widely dispersed multiple access 

16 points to Federal, State, or local government officials 

17 with credentials that will enable them to initiate 

18 alerts for transmission to the public via the National 

19 Alert System; and 

20 (2) system redundancies to ensure functionality 

21 in the event of partial system failures, power failures, 

22 or other interruptive events. 

23 (d) ELECTION TO CARRY SERVICE.— 

24 (1) AMENDMENT OF LICENSE.—Within 60 days 

25 after the date on which the National Alert Office 
28 

•S 1753 RS 

1 adopts relevant technical standards based on rec2 ommendations of the Working Group, the Federal 

3 Communications Commission shall initiate a pro4 ceeding and subsequently issue an order— 

5 (A) to allow any licensee providing com6 mercial mobile service (as defined in section 

7 332(d)(1) of the Communications Act of 1934 

8 (47 U.S.C. 332(d)(1))) to transmit National 

9 Alert System alerts to all subscribers to, or users 

10 of, such service; and 

11 (B) to require any such licensee who elects 

12 under paragraph (2) not to participate in the 

13 transmission of National Alert System alerts, to 

14 provide clear and conspicuous notice at the point 

15 of sale of any devices with which its service is 

16 included, that it will not transmit National 

17 Alert System alerts via its service. 

18 (2) ELECTION TO CARRY SERVICE.— 

19 (A) IN GENERAL.—Within 30 days after the 

20 Commission issues its order under paragraph 

21 (1), each such licensee shall file an election with 

22 the Commission with respect to whether or not it 

23 intends to participate in the transmission of Na24 tional Alert System alerts. 
29 

•S 1753 RS 

1 (B) PARTICIPATION.—If a licensee elects to 

2 participate in the transmission of National Alert 

3 System alerts, the licensee shall certify to the 

4 Commission that it will participate in a manner 

5 consistent with the standards and protocols im6 plemented by the National Alert Office. 

7 (C) ADVERTISING.—Nothing in this title 

8 shall be construed to prevent a licensee from ad9 vertising that it participates in the transmission 

10 of National Alert System alerts. 

11 (D) WITHDRAWAL FROM OR LATER ENTRY

12 INTO SYSTEM.—The Commission shall establish a 

13 procedure for— 

14 (i) participating licensees to withdraw 

15 from the National Alert System upon notifi16 cation of its withdrawal to its existing sub17 scribers; and 

18 (ii) licensees to enter the National 

19 Alert System at a date later than provided 

20 in subparagraph (A). 

21 (E) CONSUMER CHOICE TECHNOLOGY.— 

22 Any licensee electing to participate in the trans23 mission of National Alert System alerts may 

24 offer subscribers the capability of preventing the 

25 subscriber’s device from receiving alerts broad-
30 

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1 cast by the system other than an alert issued by 

2 the President. 

3 (3) EXPANSION OF CLASS OF LICENSEES PAR4 TICIPATING.—The Commission, in consultation with 

5 the National Alert Office, may expand the class of li6 censees allowed to participate in the transmission of 

7 National Alert System alerts subject to such require8 ments as the Commission, in consultation with the 

9 National Alert Office, determines to be necessary or 

10 appropriate— 

11 (A) to ensure the broadest feasible propaga12 tion of alerts transmitted by the National Alert 

13 System to the public; and 

14 (B) to ensure that the functionality, integ15 rity, and security of the National Alert System 

16 is not compromised. 

17 (e) DIGITAL TELEVISION TRANSMISSION TOWERS.— 

18 (1) RETRANSMISSION CAPABILITY.—Within 30 

19 days after the date of enactment of this Act, the Fed20 eral Communications Commission shall initiate a 

21 proceeding to require public broadcast television li22 censees and permittees to install necessary equipment 

23 and technologies on, or as part of, any broadcast tele24 vision digital signal transmitter to enable the trans-
31 

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1 mitter to serve as a backbone for the reception, relay, 

2 and retransmission of National Alert System alerts. 

3 (2) COMPENSATION.—The National Alert Office 

4 established by section 104 shall compensate any such 

5 licensee or permittee for costs incurred in complying 

6 with the requirements imposed pursuant to para7 graph (1). 

8 (f) LIMITATION OF LIABILITY.—Any person that par9 ticipates in the transmission of National Alert System 

10 alerts and that meets its obligations under this title shall 

11 not be liable to any subscriber to, or user of, such person’s 

12 service or equipment for any act or omission related to or 

13 any harm resulting from the transmission of, or failure to 

14 transmit, a National Alert System alert to such subscriber 

15 or user. 

16 (g) TESTING.—The director shall establish testing cri17 teria and guidelines for licensees that elect to participate 

18 in the transmission of National Alert System alerts. 

19 SEC. 104. NATIONAL ALERT OFFICE. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—The National Alert Office is 

22 established within the National Oceanic and Atmos23 pheric Administration. 

24 (2) DIRECTOR.—The office shall be headed by a 

25 director with at least 5 years’ operational experience 
32 

•S 1753 RS 

1 in the management and issuance of warnings and 

2 alerts, hazardous event management, or disaster plan3 ning. 

4 (3) STAFF.—The office shall have a staff with 

5 significant technical expertise in the communications 

6 industry. The director may request the detailing, with 

7 or without reimbursement, of staff from any appro8 priate Federal department or agency in order to en9 sure that the concerns of all such departments and 

10 agencies are incorporated into the daily operation of 

11 the National Alert System. 

12 (b) FUNCTIONS AND RESPONSIBILITIES.— 

13 (1) IN GENERAL.—The Office shall administer, 

14 operate, and manage the National Alert System. 

15 (2) IMPLEMENTATION OF WORKING GROUP REC16 OMMENDATIONS.—The Office shall be responsible for 

17 implementing the recommendations of the Working 

18 Group established by section 105 regarding— 

19 (A) the technical transmission of alerts; 

20 (B) the incorporation of new technologies 

21 into the National Alert System; 

22 (C) the technical capabilities of the Na23 tional Alert System; and 

24 (D) any other matters that fall within the 

25 duties of the Working Group. 
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•S 1753 RS 

1 (3) TRANSMISSION OF ALERTS.—In administering the 

2 National Alert System, the director of the National Alert 

3 Office shall ensure that— 

4 (A) the National Alert System is available 

5 to, and enables, only Federal, State, tribal, or 

6 local government officials with credentials issued 

7 by the National Alert Office under section 103 to 

8 access and utilize the National Alert System; 

9 (B) the National Alert System is capable of 

10 providing geographically targeted alerts where 

11 such alerts are appropriate; 

12 (C) the legitimacy and authenticity of any 

13 proffered alert is verified before it is transmitted; 

14 (D) each proffered alert complies with for15 mats, protocols, and other requirements estab16 lished by the Office to ensure the efficacy and 

17 usefulness of alerts transmitted via the National 

18 Alert System; 

19 (E) the security and integrity of a National 

20 Alert System alert from the point of origination 

21 to delivery is maintained; and 

22 (F) the security and integrity of the Na23 tional Alert System is maintained and protected. 

24 (c) REPORTS.— 
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1 (1) ANNUAL REPORTS.—The director shall sub2 mit an annual report to the Senate Committee on 

3 Commerce, Science, and Transportation, the House of 

4 Representatives Committee on Energy and Commerce, 

5 and the House of Representatives Committee on 

6 Science on the status of, and plans for, the National 

7 Alert System. In the first annual report, the director 

8 shall report on— 

9 (A) the progress made toward operational 

10 activation of the alerting capabilities of the Na11 tional Alert System; and 

12 (B) the anticipated date on which the Na13 tional Alert System will be available for utiliza14 tion by Federal, State, and local officials. 

15 (2) 5-YEAR PLAN.—Within 1 year after the date 

16 of enactment of this Act and every 5 years thereafter, 

17 the director shall publish a 5-year plan that outlines 

18 future capabilities and communications platforms for 

19 the National Alert System. The plan shall serve as the 

20 long-term planning document for the Office. 

21 (d) GAO AUDITS.— 

22 (1) IN GENERAL.—The Comptroller General shall 

23 audit the National Alert Office every 3 years after the 

24 date of enactment of this Act and periodically there25 after and transmit the findings thereof to the Senate 
35 

•S 1753 RS 

1 Committee on Commerce, Science, and Transpor2 tation, the House of Representatives Committee on 

3 Energy and Commerce, and the House of Representa4 tives Committee on Science. 

5 (2) RESPONSE REPORT.—If, as a result of the 

6 audit, the Comptroller General expresses concern 

7 about any matter addressed by the audit, the director 

8 of the National Alert Office shall transmit a report to 

9 the Senate Committee on Commerce, Science, and 

10 Transportation, the House of Representatives Com11 mittee on Energy and Commerce, and the House of 

12 Representatives Committee on Science describing 

13 what action, if any, the director is taking to respond 

14 to any such concern. 

15 SEC. 105. NATIONAL ALERT SYSTEM WORKING GROUP. 

16 (a) ESTABLISHMENT.—Not later than 60 days after 

17 the date of enactment of this Act, the director of the Na18 tional Alert Office shall establish a working group, to be 

19 known as the National Alert System Working Group. 

20 (b) MEMBERSHIP.— 

21 (1) APPOINTMENT; CHAIR.—The director shall 

22 appoint the members of the Working Group as soon 

23 as practicable after the date of enactment of this Act 

24 and shall serve as its chair. In appointing members 

25 of the Working Group, the director shall ensure that 
36 

•S 1753 RS 

1 the number of members appointed under paragraph 

2 (5) provides appropriate and adequate representation 

3 for all stakeholders and interested and affected par4 ties. 

5 (2) FEDERAL AGENCY REPRESENTATIVES.—The 

6 director shall appoint appropriate personnel from the 

7 National Institute of Standards and Technology, the 

8 National Oceanic and Atmospheric Administration, 

9 the Federal Communications Commission, the Federal 

10 Emergency Management Agency, the Nuclear Regu11 latory Commission, and the Department of Justice to 

12 serve as members of the Working Group. The director 

13 may also appoint representatives of other appropriate 

14 Federal agencies to serve as members of the Working 

15 Group . 

16 (3) STATE AND LOCAL GOVERNMENT REPRESENT17 ATIVES.—The director shall appoint representatives of 

18 State and local governments and representatives of 

19 emergency services personnel, selected from among in20 dividuals nominated by national organizations rep21 resenting such governments and personnel, to serve as 

22 members of the Working Group. 

23 (4) TRIBAL GOVERNMENTS.—The director shall 

24 appoint representatives from Federally recognized In25 dian tribes and National Indian organizations. 
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•S 1753 RS 

1 (5) SUBJECT MATTER EXPERTS..—The director 

2 shall appoint individuals who have the requisite tech3 nical knowledge and expertise to assist the Working 

4 Group in the fulfillment of its duties, including rep5 resentatives of— 

6 (A) communications service providers; 

7 (B) vendors, developers, and manufacturers 

8 of systems, facilities; equipment, and capabilities 

9 for the provision of communications services; 

10 (C) third-party service bureaus; 

11 (D) technical experts from the broadcasting 

12 industry; 

13 (E) the national organization representing 

14 the licensees and permittees of noncommercial 

15 broadcast television stations; and 

16 (F) other individuals with technical exper17 tise that would enhance the National Alert Sys18 tem. 

19 (c) DUTIES OF THE WORKING GROUP.— 

20 (1) DEVELOPMENT OF SYSTEM-CRITICAL REC21 OMMENDATIONS.—Within 1 year after the date of en22 actment of this Act, the Working Group shall develop 

23 and transmit to the National Alert Office rec24 ommendations for— 
38 

•S 1753 RS 

1 (A) protocols, including formats, source or 

2 originator identification, threat severity, hazard 

3 description, and response requirements or rec4 ommendations, for alerts to be transmitted via 

5 the National Alert System that ensures that 

6 alerts are capable of being utilized across the 

7 broadest variety of communication technologies, 

8 at National, State, and local levels; 

9 (B) procedures for verifying, initiating, 

10 modifying, and canceling alerts transmitted via 

11 the National Alert System; 

12 (C) guidelines for the technical capabilities 

13 of the National Alert System; 

14 (D) guidelines for technical capability that 

15 provides for the priority transmission of Na16 tional Alert System alerts; 

17 (E) guidelines for other capabilities of the 

18 National Alert System as specified in this title; 

19 and 

20 (F) standards for equipment and tech21 nologies used by the National Alert System. 

22 (2) INTEGRATION OF EMERGENCY AND NATIONAL

23 ALERT SYSTEMS.—The Working Group shall work 

24 with the operators of nuclear power plants and other 

25 critical infrastructure facilities to integrate emer-
39 

•S 1753 RS 

1 gency alert systems for those facilities with the Na2 tional Alert System. 

3 (d) MEETINGS.— 

4 (1) INITIAL MEETING.—The initial meeting of 

5 the Working Group shall take place not later than 60 

6 days after the date of the enactment of this Act. 

7 (2) OTHER MEETINGS.—After the initial meet8 ing, the Working Group shall meet at the call of the 

9 chair. 

10 (3) NOTICE; OPEN MEETINGS.—Any meetings 

11 held by the Working Group shall be duly noticed at 

12 least 14 days in advance and shall be open to the 

13 public. 

14 (e) RESOURCES.— 

15 (1) FEDERAL AGENCIES.—The Working Group 

16 shall have reasonable access to— 

17 (A) materials, resources, data, and other in18 formation from the National Institute of Stand19 ards and Technology, the Department of Com20 merce and its agencies, the Department of Home21 land Security and its bureaus, and the Federal 

22 Communications Commission; and 

23 (B) the facilities of any such agency for 

24 purposes of conducting meetings. 
40 

•S 1753 RS 

1 (2) GIFTS AND GRANTS.—The Working Group 

2 may accept, use, and dispose of gifts or grants of serv3 ices or property, both real and personal, for purposes 

4 of aiding or facilitating the work of the Working 

5 Group. Gifts or grants not used at the expiration of 

6 the Working Group shall be returned to the donor or 

7 grantor. 

8 (f) RULES.— 

9 (1) QUORUM.—One-third of the members of the 

10 Working Group shall constitute a quorum for con11 ducting business of the Working Group. 

12 (2) SUBCOMMITTEES.—To assist the Working 

13 Group in carrying out its functions, the chair may 

14 establish appropriate subcommittees composed of 

15 members of the Working Group and other subject mat16 ter experts as deemed necessary. 

17 (3) ADDITIONAL RULES.—The Working Group 

18 may adopt other rules as needed. 

19 (g) FEDERAL ADVISORY COMMITTEE ACT.—Neither 

20 the Federal Advisory Committee Act (5 U.S.C. App. ) nor 

21 any rule, order, or regulation promulgated under that Act 

22 shall apply to the Working Group. 

23 SEC. 106. RESEARCH AND DEVELOPMENT. 

24 (a) IN GENERAL.—The director shall establish an ex25 tramural research and development program to support the 
41 

•S 1753 RS 

1 development of technology that will enable all existing and 

2 future providers of communications services and all existing 

3 and future communications devices to be utilized effectively 

4 with the National Alert System. 

5 (b) FUNCTIONS.—In carrying out subsection (a) the 

6 director shall— 

7 (1) fund research and development which may 

8 include academia, the private sector, and government 

9 laboratories; and 

10 (2) ensure that the program addresses, at a min11 imum— 

12 (A) developing innovative technologies that 

13 will transmit geographically targeted emergency 

14 messages to the public; 

15 (B) enhancing participation in the national 

16 alert system; 

17 (C) understanding and improving public 

18 response to warnings; and 

19 (D) enhancing the ability of local commu20 nities to integrate the National Alert System 

21 into their overall operations management. 

22 (c) USE OF EXISTING PROGRAMS AND RESOURCES.— 

23 In developing the program, the director shall utilize existing 

24 programs and expertise of the Department of Commerce, in-
42 

•S 1753 RS 

1 cluding the National Institute of Standards and Tech2 nology. 

3 SEC. 107. GRANT PROGRAM FOR REMOTE COMMUNITY 

4 ALERT SYSTEMS. 

5 (a) GRANT PROGRAM.—The Undersecretary of Com6 merce for Oceans and Atmosphere shall establish a program 

7 under which grants may be made to provide for the installa8 tion of technologies in remote communities effectively 

9 unserved by commercial mobile radio service (as determined 

10 by the Federal Communications Commission within 180 

11 days after the date of enactment of this Act) for the purpose 

12 of enabling residents of those communities to receive Na13 tional Alert System alerts. 

14 (b) APPLICATIONS AND CONDITIONS.—In conducting 

15 the program, the Undersecretary— 

16 (1) shall establish a notification and application 

17 procedure; and 

18 (2) may establish such conditions, and require 

19 such assurances, as may be appropriate to ensure the 

20 efficiency and integrity of the grant program. 

21 (c) SUNSET.—The Undersecretary may not make 

22 grants under subsection (a) more than 5 years after the date 

23 of enactment of this Act. 
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1 SEC. 108. PUBLIC FAMILIARIZATION, OUTREACH, AND RE2 SPONSE INSTRUCTIONS. 

3 The director of the National Office, in consultation 

4 with the Working Group, shall conduct a program of public 

5 outreach to ensure that the public is aware of the National 

6 Alert System and understands its capabilities and uses for 

7 emergency preparedness and response. The program shall 

8 incorporate multiple communications technologies and 

9 methods, including inserts in packaging for wireless devices, 

10 Internet websites, and the use of broadcast radio and tele11 vision Non-Commercial Sustaining Announcement Pro12 grams. 

13 SEC. 109. TELECOMMUNICATIONS INFRASTRUCTURE RES14 TORATION, PREPAREDNESS, AND RESPONSE. 

15 (a) RESTORATION OF TELECOMMUNICATIONS INFRA16 STRUCTURE.— 

17 (1) ELIGIBILITY FOR FEDERAL ASSISTANCE.— 

18 Section 403(a)(1) of the Robert T. Stafford Disaster 

19 Relief and Emergency Assistance Act (42 U.S.C. 

20 5170b(a)(1)) is amended to read as follows: 

21 ‘‘(1) FEDERAL RESOURCES.—Utilizing, lending, 

22 or donating Federal equipment, supplies, facilities, 

23 personnel, and other resources (other than the exten24 sion of credit)— 
44 

•S 1753 RS 

1 ‘‘(A) to State and local governments for use 

2 or distribution by such governments in accord3 ance with the purposes of this Act; or 

4 ‘‘(B) to assist telecommunications service 

5 providers in the maintenance and restoration of 

6 communications during an emergency or major 

7 disaster.’’. 

8 (2) TELECOMMUNICATIONS SERVICE PROVIDER

9 DEFINED.—Section 102 of the Robert T. Stafford Dis10 aster Relief and Emergency Assistance Act (42 U.S.C. 

11 5122) is amended by adding the at the end the fol12 lowing: 

13 ‘‘(10) TELECOMMUNICATIONS SERVICE PRO14 VIDER.—The term ‘telecommunications service pro15 vider’ means a provider of telecommunications service 

16 as that term is defined in section 3(46) of the Com17 munications Act of 1934 (47 U.S.C. 153(46)).’’. 

18 (b) TELECOMMUNICATIONS INFRASTRUCTURE PRE19 PAREDNESS AND RESPONSE.— 

20 (1) RESPONSIBILITIES.—Section 502(5) of the 

21 Homeland Security Act of 2002 (6 U.S.C. 312(5)) is 

22 amended by inserting ‘‘in consultation with providers 

23 of telecommunications services (as defined in section 

24 3(46) of the Communications Act of 1934 (47 U.S.C. 
45 

•S 1753 RS 

1 153(46))) owning or operating communications infra2 structure,’’ after ‘‘authorities,’’. 

3 (2) RESPONSIBILITIES.—Section 502 of the 

4 Homeland Security Act of 2002 (6 U.S.C. 312) is 

5 amended— 

6 (A) by striking ‘‘and’’ after the semicolon in 

7 paragraph 6); 

8 (B) by striking ‘‘technology.’’ in paragraph 

9 (7) and inserting ‘‘technology; and ’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(8) developing comprehensive mechanisms to 

12 work with and support critical infrastructure pro13 viders, including but not limited to providers of tele14 communications services (as defined in section 3(46) 

15 of the Communications Act of 1934 (47 U.S.C. 

16 153(46))), to ensure sufficient communications during 

17 a crisis or major disaster response.’’. 

18 SEC. 110. DEFINITIONS. 

19 In this title: 

20 (1) DIRECTOR.—The term ‘‘director’’ means the 

21 director of the National Alert Office. 

22 (2) OFFICE.—The term ‘‘Office’’ means the Na23 tional Alert Office established by section 104. 
46 

•S 1753 RS 

1 (3) NATIONAL ALERT SYSTEM.—The term ‘‘Na2 tional Alert System’’ means the National Alert Sys3 tem established by section 102. 

4 (4) NON-COMMERCIAL SUSTAINING ANNOUNCE5 MENT PROGRAM.—The term ‘‘Non-Commercial Sus6 taining Announcement Program’’ means a radio and 

7 television campaign conducted for the benefit of a 

8 nonprofit organization or government agency using 

9 unsold commercial air time donated by participating 

10 broadcast stations for use in such campaigns, and for 

11 which the campaign’s sponsoring organization or 

12 agency funds the cost of underwriting programs that 

13 serve the public convenience, interest, and necessity, 

14 as described in section 307 of the Communications 

15 Act of 1934 (47 U.S.C. 307). 

16 (5) WORKING GROUP.—The term ‘‘Working 

17 Group’’ means the National Alert System Working 

18 Group on the established under section 105. 

19 SEC. 111. FUNDING. 

20 Funding for this title shall be provided from the Dig21 ital Transition and Public Safety Fund in accordance with 

22 section 5 of the Digital Transition and Public Safety Act 

23 of 2005. 
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1 TITLE II—TSUNAMI 

2 PREPAREDNESS 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Tsunami Preparedness 

5 Act’’. 

6 SEC. 202. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—The Congress finds the following: 

8 (1) Tsunami are a series of large waves of long 

9 wavelength created by the displacement of water by 

10 violent undersea disturbances such as earthquakes, 

11 volcanic eruptions, landslides, explosions, and the im12 pact of cosmic bodies. 

13 (2) Tsunami have caused, and can cause in the 

14 future, enormous loss of human life, injury, destruc15 tion of property, and economic and social disruption 

16 in coastal and island communities. 

17 (3) While 85 percent of tsunami occur in the Pa18 cific Ocean, and coastal and island communities in 

19 this region are the most vulnerable to the destructive 

20 results, tsunami can occur at any point in any ocean 

21 or related body of water where there are earthquakes, 

22 volcanoes, or any other activity that displaces a large 

23 volume of water. 

24 (4) A number of States and territories are sub25 ject to the threat of tsunamis, including Alaska, Cali-
48 

•S 1753 RS 

1 fornia, Hawaii, Oregon, Washington, American 

2 Samoa, the Commonwealth of the Northern Mariana 

3 Islands, Guam, Puerto Rico, and the U.S. Virgin Is4 lands. 

5 (5) The National Oceanic and Atmospheric Ad6 ministration is responsible for maintaining a tsu7 nami detection and warning system for the Nation, 

8 issuing warnings to United States communities at 

9 risk from tsunami, and preparing those communities 

10 to respond appropriately, through— 

11 (A) the Pacific Tsunami Warning Center in 

12 Ewa Beach, Hawaii, which serves as a warning 

13 center for Hawaii, all other United States assets 

14 in the Pacific, and Puerto Rico; 

15 (B) the Alaska/West Coast Tsunami Warn16 ing Center in Palmer, Alaska, which is respon17 sible for issuing warnings for Alaska, British Co18 lumbia, California, Oregon, and Washington; 

19 (C) the Federal-State national tsunami haz20 ard mitigation program; 

21 (D) a tsunami research and assessment pro22 gram, including programs conducted by the Pa23 cific Marine Environmental Laboratory; 
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•S 1753 RS 

1 (E) the TsunamiReady Program, which 

2 educates and prepares communities for survival 

3 before and during a tsunami; 

4 (F) an archive of historical tsunami data, 

5 held at the National Oceanic and Atmospheric 

6 Administration’s National Geophysical Data 

7 Center; and 

8 (G) other related programs, including those 

9 operated in coordination with academic institu10 tions. 

11 (6) The National Oceanic and Atmospheric Ad12 ministration also represents the United States as a 

13 member of the International Coordination Group for 

14 the Tsunami Warning System in the Pacific, admin15 istered by the Intergovernmental Oceanographic Com16 mission of UNESCO, for which the Pacific Tsunami 

17 Warning Center acts as the operational center and 

18 shares seismic and water level information with 26 

19 member states, and maintains UNESCO’s Inter20 national Tsunami Information Center, in Honolulu, 

21 Hawaii, which provides technical and educational as22 sistance to member states. 

23 (7) The Tsunami Warning Centers receive seis24 mographic information from the Global Seismic Net25 work, an international system of earthquake moni-
50 

•S 1753 RS 

1 toring stations, from the United States Geological 

2 Survey National Earthquake Information Center, the 

3 Alaska Earthquake Information Center, and coopera4 tive regional seismic networks, and use these data to 

5 issue tsunami warnings and integrate the informa6 tion with data from their own tidal and deep ocean 

7 monitoring stations, to cancel or verify the existence 

8 of a damaging tsunami. Warnings are disseminated 

9 by the National Oceanic and Atmospheric Adminis10 tration to State emergency operation centers. 

11 (8) Current gaps in the International Tsunami 

12 Warning System, such as the lack of regional warn13 ing systems in the Indian Ocean, the southwest Pa14 cific Ocean, Central and South America, the Medi15 terranean Sea, and Caribbean, pose risks for coastal 

16 and island communities. 

17 (9) The tragic and extreme loss of life experi18 enced by countries in the Indian Ocean following the 

19 magnitude 9.0 earthquake and resulting tsunami in 

20 that region on December 26, 2004, illustrates the de21 structive consequences which can occur in the absence 

22 of an effective tsunami warning and notification sys23 tem. 

24 (10) An effective tsunami warning and notifica25 tion system is part of a multi-hazard disaster warn-
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1 ing and preparedness program and requires real-time 

2 seismic, sea level, and oceanographic data, high-speed 

3 data analysis capabilities, a high-speed tsunami 

4 warning and notification system, a sustained pro5 gram of education and risk assessment to develop re6 sponse strategies, and an established local infrastruc7 ture for timely and effective dissemination of warn8 ings to activate evacuation of tsunami hazard zones. 

9 (11) The Tsunami Warning System for the Pa10 cific is a model for other regions of the world to 

11 adopt, and can be expanded and modernized to in12 crease detection, forecast, and warning capabilities for 

13 vulnerable states and territories, reduce the incidence 

14 of costly false alarms, improve reliability of measure15 ment and assessment technology, and increase com16 munity preparedness. 

17 (12) Tsunami warning and preparedness capa18 bility can be developed in other vulnerable areas of 

19 the world, such as the Indian Ocean, by identifying 

20 tsunami hazard zones, educating populations, devel21 oping alert and notification infrastructure, and by 

22 deploying near real-time tsunami detection sensors 

23 and gauges, establishing hazard notification and 

24 warning networks, expanding global monitoring of 

25 seismic activity, encouraging the increased exchange 
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•S 1753 RS 

1 of seismic and tidal data between nations, and im2 proving international coordination when a tsunami 

3 is detected. 

4 (13) UNESCO has recognized the need to estab5 lish tsunami warning systems for regions beyond the 

6 Pacific Basin that are vulnerable to tsunami, includ7 ing the Indian Ocean, and has convened a working 

8 group to lead an effort to expand the International 

9 Tsunami Warning System in the Pacific to such vul10 nerable regions. 

11 (14) The international community and all vul12 nerable nations should take coordinated efforts to es13 tablish and participate in regional tsunami warning 

14 systems and other hazard warnings systems developed 

15 to meet the goals of the United Nations International 

16 Strategy for Disaster Reduction. 

17 (15) On February 16, 2005, the United States, 

18 together with 53 other Nations participating in the 

19 Third Earth Observation Summit in Brussels, Bel20 gium, adopted a 10-year implementation plan as the 

21 basis for establishing the Global Earth Observation 

22 System of Systems. 

23 (16) The Global Earth Observation System of 

24 Systems will consist of existing and future earth ob-
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1 servation systems, including the United States tsu2 nami detection and warning system. 

3 (b) PURPOSES.—The purposes of this title are— 

4 (1) to improve tsunami detection, forecast, warn5 ings, notification, preparedness, and mitigation in 

6 order to protect life and property both in the United 

7 States and elsewhere in the world; 

8 (2) to improve and modernize the existing Pa9 cific Tsunami Warning System to increase coverage, 

10 reduce false alarms and increase accuracy of forecasts 

11 and warnings, and expand detection and warning 

12 systems to include other vulnerable States and United 

13 States territories, including the Caribbean/Atlantic/ 

14 Gulf region; 

15 (3) to increase and accelerate mapping, mod16 eling, research, assessment, education, and outreach 

17 efforts in order to improve forecasting, preparedness, 

18 mitigation, response, and recovery of tsunami and re19 lated coastal hazards; 

20 (4) to provide technical and other assistance to 

21 speed international efforts to establish regional tsu22 nami warning systems in vulnerable areas worldwide, 

23 including the Indian Ocean; and 
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1 (5) to improve Federal, State, and international 

2 coordination for tsunami and other coastal hazard 

3 warnings and preparedness. 

4 SEC. 203. TSUNAMI DETECTION AND WARNING SYSTEM. 

5 (a) IN GENERAL.—The Administrator of the National 

6 Oceanic and Atmospheric Administration shall operate re7 gional tsunami detection and warning systems for the Pa8 cific Ocean region and for the Atlantic Ocean, Caribbean, 

9 and Gulf of Mexico region that will provide maximum de10 tection capability for United States coastal tsunami. 

11 (b) SYSTEM REQUIREMENTS.— 

12 (1) PACIFIC SYSTEM.—The Pacific tsunami 

13 warning system shall cover the entire Pacific Ocean 

14 area, including the Western Pacific, the Central Pa15 cific, the North Pacific, the South Pacific, and the 

16 East Pacific and Arctic areas. 

17 (2) ATLANTIC, CARIBBEAN, AND GULF OF MEXICO

18 SYSTEM.—The Atlantic, Caribbean, and Gulf system 

19 shall cover areas of the Atlantic Ocean, Caribbean 

20 Sea, and the Gulf of Mexico that the Administrator 

21 determines— 

22 (A) to be geologically active, or to have sig23 nificant potential for geological activity; and 
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1 (B) to pose measurable risks of tsunamis for 

2 States along the coastal areas of the Atlantic 

3 Ocean or the Gulf of Mexico. 

4 (3) COMPONENTS.—The systems shall— 

5 (A) utilize an array of deep ocean detection 

6 buoys, including redundant and spare buoys; 

7 (B) include an associated tide gauge and 

8 water level system designed for long-term contin9 uous operation tsunami transmission capability; 

10 (C) allow for such additional sensors as 

11 may be necessary for tsunami and weather 

12 warnings and forecasts; 

13 (D) provide for the establishment of a coop14 erative effort between the National Oceanic and 

15 Atmospheric Administration and the United 

16 States Geological Survey under which the Geo17 logical Survey and State earthquake information 

18 centers provide rapid and reliable real-time seis19 mic information to the Administration from 

20 international and domestic seismic networks; 

21 (E) provide for information and data proc22 essing through the tsunami warning centers es23 tablished under subsection (c); 

24 (F) be integrated into United States and 

25 global ocean and earth observing systems, includ-
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1 ing the Global Earth Observation System of Sys2 tems; 

3 (G) provide an infrastructure, building on 

4 local systems, for at-risk tsunami communities 

5 that supports rapid and reliable alert and notifi6 cation to the public, such as the National Oce7 anic and Atmospheric Administration’s Weather, 

8 Alert, and Readiness Network, which includes the 

9 weather radio and the All Hazard Alert Broad10 casting Radio; and 

11 (H) the integration of NOAA’s Advanced 

12 Weather Interactive Processing System with 

13 other technologies. 

14 (4) FEDERAL COOPERATION.—In deploying and 

15 maintaining detection buoys utilized in the tsunami 

16 warning system, the Administrator should leverage 

17 the assistance and assets of the United States Coast 

18 Guard, the Navy, and other Federal agency assets in 

19 the region. Within 180 days after the date of enact20 ment of this Act, the Administrator shall provide a 

21 report to the Senate committee on Commerce, Science, 

22 and Transportation, the House of Representatives 

23 Committee on Science, and the House of Representa24 tives Committee on Resources that summarizes the ex25 tent to which the United States Coast Guard or any 
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1 other Federal agency is assistance in deploying and 

2 maintaining such buoys. 

3 (c) TSUNAMI WARNING CENTERS.— 

4 (1) IN GENERAL.—The Administrator shall es5 tablish tsunami warning centers to provide a link be6 tween the detection and warning system and the tsu7 nami hazard mitigation program established under 

8 section 204 including— 

9 (A) a Pacific Tsunami Warning Center in 

10 Hawaii; 

11 (B) a West Coast and Alaska Tsunami 

12 Warning Center in Alaska; and 

13 (C) any additional warning centers deter14 mined by the Administrator to be necessary. 

15 (2) RESPONSIBILITIES.—The responsibilities of 

16 each tsunami warning center shall include— 

17 (A) continuously monitoring data from seis18 mological stations, deep ocean detection buoys, 

19 and tidal monitoring stations and providing 

20 such data to the national tsunami archive; 

21 (B) evaluating earthquakes that have the 

22 potential to generate tsunami; 

23 (C) evaluating deep ocean buoy data and 

24 tidal monitoring stations for indications of tsu-
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1 nami resulting from sources other than earth2 quakes; and 

3 (D) disseminating information and warn4 ing bulletins appropriate for local and distant 

5 tsunamis to government agencies and the public 

6 and alerting potentially impacted coastal areas 

7 for evacuation. 

8 (d) DATA MANAGEMENT.—The Administrator shall 

9 maintain national and regionally-based data management 

10 systems to support and establish data management require11 ments for the tsunami detection and monitoring system, in12 cluding requirements for— 

13 (1) quality control and quality assurance; 

14 (2) archiving and maintaining data; 

15 (3) supporting integration of observations from 

16 the system with other national and international 

17 water level measurements, such as the Global Sea 

18 Level Monitoring System; 

19 (4) integration of observations from the system 

20 with other elements of the global and coastal compo21 nents of the integrated ocean and coastal observing 

22 system and the Global Earth Observation System of 

23 Systems; and 

24 (5) the development of and access to data sets 

25 and integrated data products designed to support 
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1 multi-hazard regional vulnerability assessment and 

2 adaptation programs such as the program established 

3 under section 208. 

4 SEC. 204. TSUNAMI HAZARD MITIGATION PROGRAM. 

5 (a) IN GENERAL.—The Administrator of the National 

6 Oceanic and Atmospheric Administration shall, in coordi7 nation with other agencies and academic institutions, de8 velop and conduct a community-based tsunami hazard 

9 mitigation program to improve tsunami preparedness of at10 risk areas. 

11 (b) COORDINATING COMMITTEE.—In developing and 

12 conducting the program, the Administrator shall establish 

13 a coordinating committee comprising representatives of 

14 Federal agencies and other governmental entities involved 

15 in tsunami mitigation and response, including— 

16 (1) the National Oceanic and Atmospheric Ad17 ministration; 

18 (2) the United States Geological Survey; 

19 (3) the National Science Foundation; 

20 (4) the National Institute of Standards and 

21 Technology; and 

22 (5) affected coastal States and territories. 

23 (c) PROGRAM COMPONENTS.—The program shall— 
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1 (1) improve the quality and extent of inundation 

2 mapping, including assessment of vulnerable inner 

3 coastal areas; 

4 (2) promote and improve community outreach 

5 and education networks and programs to ensure com6 munity awareness and readiness, including the devel7 opment of multi-hazard risk and vulnerability assess8 ment training and decision support tools, implemen9 tation of technical training and public education pro10 grams, and provide for certification of prepared com11 munities; 

12 (3) integrate tsunami awareness, preparedness, 

13 and mitigation programs into ongoing hazard warn14 ing and risk management programs in affected areas 

15 including the National Response Plan and State 

16 coastal zone management plans; 

17 (4) promote the adoption of tsunami warning 

18 and mitigation measures by Federal, State, tribal, 

19 and local governments and non-governmental entities 

20 through a grant program for training, development of 

21 guidelines, and other purposes; 

22 (5) develop tsunami specific rescue and recovery 

23 guidelines for the National Response Plan, including 

24 long-term mitigation measures, educational programs 

25 regarding the consequences of development in high- 
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1 risk areas, and use of remote sensing and other tech2 nology in rescue and recovery operations; 

3 (6) require budget coordination, through the Ad4 ministration, to carry out the purposes of this title 

5 and to ensure that participating agencies provide nec6 essary funds for matters within their respective areas 

7 of authority and expertise; and 

8 (7) provide for periodic external review of the 

9 program and for inclusion of the results of such re10 views in the report required by section 206(e). 

11 SEC. 205. TSUNAMI RESEARCH PROGRAM. 

12 (a) ESTABLISHMENT.—The Administrator of the Na13 tional Oceanic and Atmospheric Administration shall, in 

14 coordination with other agencies and academic institutions, 

15 establish a tsunami research program to develop detection, 

16 prediction, communication, and mitigation science and 

17 technology that supports tsunami forecasts and warnings, 

18 including advanced sensing techniques, information and 

19 communication technology, data collection, analysis and as20 sessment for tsunami tracking and numerical forecast mod21 eling that will— 

22 (1) help determine— 

23 (A) whether an earthquake or other seismic 

24 event will result in a tsunami; and 
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1 (B) the likely path, severity, duration, and 

2 travel time of a tsunami; 

3 (2) develop techniques and technologies that may 

4 be used to communicate tsunami forecasts and warn5 ings as quickly and effectively as possible to affected 

6 communities; 

7 (3) develop techniques and technologies to sup8 port evacuation products, including real-time notice 

9 of the condition of critical infrastructure along tsu10 nami evacuation routes for public officials and first 

11 responders; and 

12 (4) develop techniques for utilizing remote sens13 ing technologies in rescue and recovery operations. 

14 (b) TECHNOLOGY.—The Administrator, in consulta15 tion with other appropriate Federal agencies, shall inves16 tigate the potential for improved technology for tsunami 

17 and other hazard warnings by incorporating into the exist18 ing system a full range of options for providing those warn19 ings to the public. 

20 SEC. 206. TSUNAMI SYSTEM UPGRADE AND MODERNIZA21 TION. 

22 (a) SYSTEM UPGRADES.—The Administrator of the 

23 National Oceanic and Atmospheric Administration shall— 
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1 (1) authorize and direct the immediate repair of 

2 existing deep ocean detection buoys and related com3 ponents of the system; 

4 (2) ensure the deployment of an array of deep 

5 ocean detection buoys capable of carrying multi-obser6 vation technology in the regions described in section 

7 203(a) of this title; 

8 (3) ensure expansion or upgrade of the seismic 

9 monitoring and tide gauge networks in the regions de10 scribed in section 203(a); and 

11 (4) complete the upgrades not later than Decem12 ber 31, 2007. 

13 (b) TRANSFER OF TECHNOLOGY; MAINTENANCE AND

14 UPGRADES.—In carrying out this section, the Adminis15 trator shall— 

16 (1) promulgate specifications and standards for 

17 forecast, detection, and warning systems, including 

18 detection equipment; 

19 (2) develop and execute a plan for the transfer 

20 of technology from ongoing research to long-term oper21 ations; 

22 (3) ensure that detection equipment is main23 tained in operational condition to fulfill the fore24 casting, detection and warning requirements of the re25 gional tsunami detection and warning systems; 
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1 (4) obtain, to the greatest extent practicable, pri2 ority treatment in budgeting for, acquiring, trans3 porting, and maintaining weather sensors, tide 

4 gauges, water level gauges, and tsunami buoys incor5 porated into the system including obtaining ship 

6 time; and 

7 (5) ensure integration of the tsunami detection 

8 system with other United States and global ocean and 

9 coastal observation systems, the Global Earth Obser10 vation System of Systems, global seismic networks, 

11 and the Advanced National Seismic System. 

12 (c) CERTIFICATION.—Amounts appropriated for any 

13 fiscal year pursuant to section 209 to carry out this section 

14 may not be obligated or expended for the acquisition of serv15 ices for construction or deployment of tsunami detection 

16 equipment unless the Administrator certifies in writing to 

17 the Senate Committee on Commerce, Science, and Trans18 portation, the House of Representatives Committee on 

19 Science, and the House of Representatives Committee on 

20 Resources within 60 calendar days after the date on which 

21 the President submits the Budget of the United States for 

22 that fiscal year to the Congress that— 

23 (1) each contractor for such services has met the 

24 requirements of the contract for such construction or 

25 deployment; 
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1 (2) the equipment to be constructed or deployed 

2 is capable of becoming fully operational without the 

3 obligation or expenditure of additional appropriated 

4 funds; and 

5 (3) the Administrator does not reasonably foresee 

6 unanticipated delays in the deployment and oper7 ational schedule specified in the contract. 

8 (d) CONGRESSIONAL NOTIFICATIONS.—The Adminis9 trator shall notify the Senate Committee on Commerce, 

10 Science, and Transportation, the House of Representatives 

11 Committee on Science, and the House of Representatives 

12 Committee on Resources of— 

13 (1) impaired regional detection coverage due to 

14 equipment or system failures; and 

15 (2) significant contractor failures or delays in 

16 completing work associated with the tsunami detec17 tion and warning system. 

18 (e) ANNUAL REPORT.—The Administrator shall trans19 mit an annual report to the Senate Committee on Com20 merce, Science, and Transportation and the House of Rep21 resentatives Committee on Science the status of the tsunami 

22 detection and warning system, including accuracy, false 

23 alarms, equipment failures, improvements over the previous 

24 year, and goals for further improvement (or plans for cur25 ing failures) of the system, as well as progress and accom-
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1 plishments of the national tsunami hazard mitigation pro2 gram. 

3 (f) EXTERNAL REVIEW.—The National Academy of 

4 Science shall review the tsunami detection, forecast, and 

5 warning system operated by the National Oceanic and At6 mospheric Administration under this title to assess further 

7 modernization and coverage needs, as well as long-term 

8 operational reliability issues, taking into account measures 

9 implemented under this title, and transmit a report con10 taining its recommendations, including an estimate of the 

11 costs of implementing those recommendations, to the Senate 

12 Committee on Commerce, Science, and Transportation and 

13 the House of Representatives Committee on Science within 

14 24 months after the date of enactment of this Act. 

15 SEC. 207. GLOBAL TSUNAMI WARNING AND MITIGATION 

16 NETWORK. 

17 (a) INTERNATIONAL TSUNAMI WARNING SYSTEM.— 

18 The Administrator of the National Oceanic and Atmos19 pheric Administration, in coordination with other members 

20 of the United States Interagency Committee of the National 

21 Tsunami Mitigation Program, shall provide technical as22 sistance and advice to the Intergovernmental Oceano23 graphic Commission of UNESCO, the World Meteorological 

24 Organization, the Group on Earth Observations, and other 

25 international entities, as part of international efforts to de-
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1 velop a fully functional global tsunami warning system 

2 comprised of regional tsunami warning networks, modeled 

3 on the International Tsunami Warning System of the Pa4 cific, and consistent with the 10-year implementation plan 

5 for the Global Earth Observation System of Systems. 

6 (b) INTERNATIONAL TSUNAMI INFORMATION CEN7 TER.—The Administrator shall operate an International 

8 Tsunami Information Center to improve tsunami prepared9 ness for all Pacific Ocean nations participating in the 

10 International Tsunami Warning System of the Pacific, and 

11 which may also provide such assistance to other nations 

12 participating in a global tsunami warning system estab13 lished through the International Oceanographic Committee 

14 of UNESCO. As part of its responsibilities in the Pacific, 

15 the Center shall— 

16 (1) monitor international tsunami warning ac17 tivities in the Pacific; 

18 (2) assist member states in establishing national 

19 warning systems, and make information available on 

20 current technologies for tsunami warning systems; 

21 (3) maintain a library of materials to promul22 gate knowledge about tsunamis in general and for use 

23 by the scientific community; and 

24 (4) disseminate information, including edu25 cational materials and research reports. 
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1 (c) TECHNICAL ASSISTANCE.—In carrying out this 

2 section, the Administrator— 

3 (1) shall give priority to assisting nations in 

4 identifying vulnerable coastal areas, creating inunda5 tion maps, obtaining or designing real-time detection 

6 and reporting equipment, and establishing commu7 nication and warning networks and contact points in 

8 each vulnerable nation; 

9 (2) may establish a process for transfer of detec10 tion and communication technology to affected na11 tions for the purposes of establishing the international 

12 tsunami warning system; and 

13 (3) shall provide technical and other assistance 

14 to support international tsunami education, response, 

15 vulnerability, and adaptation programs. 

16 (d) DATA-SHARING REQUIREMENT.—The Adminis17 trator may not provide assistance under this section for any 

18 region unless all affected nations in that region partici19 pating in the tsunami warning network agree to share rel20 evant data associated with the development and operation 

21 of the network. 

22 (e) FUNDING ASSISTANCE.—The Administrator, in co23 ordination with the Secretary of State, shall seek funding 

24 assistance from participating nations needed to ensure es-
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1 tablishment of a fully functional global tsunami warning 

2 system. 

3 (f) RECEIPT OF INTERNATIONAL REIMBURSEMENT AU4 THORIZED.—The Administrator may accept payment to, or 

5 reimbursement of, the National Oceanic and Atmospheric 

6 Administration in cash or in kind from international orga7 nizations and foreign authorities, or payment or reimburse8 ment made on behalf of such an authority, for expenses in9 curred by the Administrator in carrying out any activity 

10 under this title. Any such payments or reimbursements 

11 shall be considered a reimbursement to the appropriated 

12 funds of the Administration. 

13 SEC. 208. COASTAL COMMUNITY VULNERABILITY AND AD14 APTATION PROGRAM. 

15 (a) ESTABLISHMENT.—The Administrator of the Na16 tional Oceanic and Atmospheric Administration shall es17 tablish an integrated coastal vulnerability and adaptation 

18 program focused on improving the resilience of coastal com19 munities to natural hazards and disasters. The program 

20 shall be regional in nature, build upon and integrate exist21 ing Federal and State programs, and provide usable prod22 ucts that will improve preparedness of communities, busi23 nesses, and government entities. The program may include 

24 the following activities: 
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1 (1) Development of multi-hazard vulnerability 

2 maps to characterize and assess risks of coastal com3 munities to a range of natural hazards and provide 

4 a baseline for assessing future risks. 

5 (2) Multi-disciplinary vulnerability assessment 

6 research and education that will help integrate risk 

7 management with community development planning 

8 and policies. 

9 (3) Risk management and leadership training 

10 for the public, local officials, and institutions that 

11 will enhance understanding and preparedness. 

12 (4) Risk assessment technology development, in13 cluding research and development of emerging tech14 nologies and practical application of existing or 

15 emerging technologies, such as modeling, remote sens16 ing, geospatial technology, engineering, and observing 

17 systems. 

18 (5) Risk management data and information 

19 services, including access to data and products de20 rived from observing and detection systems, as well as 

21 development and maintenance of new integrated data 

22 products that would support risk assessment and risk 

23 management programs. 

24 (6) Risk notification systems that coordinate 

25 with and build upon existing systems and actively en-
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1 gage policy officials, government agencies, businesses, 

2 communities, non-governmental organizations, and 

3 the media. 

4 (b) REGIONAL PILOT PROJECTS.— 

5 (1) In general.—Within 1 year after the date of 

6 enactment of this Act, the Administrator shall, in 

7 consultation with the appropriate Federal, State, 

8 tribal, and local governmental entities, establish 3 

9 pilot projects to conduct regional assessments of the 

10 vulnerability of coastal areas of the United States to 

11 hazards associated with tsunami and other natural 

12 hazards or coastal disasters. Priority shall be given to 

13 collaborative partnership proposals from regionally14 based multi-organizational coalitions. In preparing 

15 the regional assessments, the Administrator shall col16 lect and compile current information on tsunami and 

17 other natural hazards or coastal disasters. 

18 (2) SCOPE.—Regional assessments under the 

19 pilot program shall include an evaluation of— 

20 (A) the social impacts associated with 

21 threats to and potential losses of housing, com22 munities, and infrastructure; 

23 (B) the physical impacts such as coastal 

24 erosion, flooding and loss of estuarine habitat, 
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1 saltwater intrusion of aquifers and saltwater en2 croachment, and species migration; 

3 (C) the economic impact on local, State, 

4 tribal, and regional economies, including the im5 pact on coastal infrastructure and the abundance 

6 or distribution of economically important living 

7 marine resources; and 

8 (D) opportunities to enhance the resilience 

9 of at-risk communities, economic sectors, and 

10 natural resources. 

11 (c) SELECTION CRITERIA.—The Administrator shall 

12 rely on the following criteria in identifying appropriate re13 gional pilot projects: 

14 (1) Vulnerability to tsunami and other natural 

15 hazards or coastal disasters. 

16 (2) Dependence on economic sectors and natural 

17 resources that are particularly sensitive to coastal 

18 hazards. 

19 (3) Opportunities to link and leverage related re20 gional risk observation, research, forecasting, assess21 ment, educational and risk management programs. 

22 (4) Demonstration of strong, interagency collabo23 ration in the area of risk management for tsunami 

24 and other natural hazards or coastal disasters. 
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1 (5) Access to NOAA and other Federal agency 

2 programs, facilities, and infrastructure related to tsu3 nami and other coastal hazards monitoring, warning, 

4 forecasting, research assessment, and data manage5 ment. 

6 (d) REGIONAL ADAPTATION PLANS.—The Adminis7 trator shall, within 3 years after the commencement of each 

8 project under subsection (b), submit to the Congress regional 

9 adaptation plans— 

10 (1) based on the information contained in the re11 gional assessments conducted under subsection (b); 

12 (2) developed with the participation of other 

13 Federal agencies, State, tribal, and local government 

14 agencies, and non-governmental entities (including 

15 academia and the private sector) that will be critical 

16 in the implementation of the plan at the State, tribal, 

17 and local levels; 

18 (3) that recommend targets and strategies to ad19 dress impacts associated with tsunami and other nat20 ural hazards or coastal disasters; 

21 (4) that include recommendations for both short22 and long-term adaptation strategies; and 

23 (5) that include recommendations on— 

24 (A) Federal flood insurance program modi25 fications; 
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1 (B) areas that have been identified as high 

2 risk through mapping and assessment; 

3 (C) enhancing the effectiveness of State 

4 coastal zone management programs in miti5 gating or preventing coastal risks; 

6 (D) mitigation incentives such as rolling 

7 easements, strategic retreat, State or Federal ac8 quisition in fee simple or other interest in land, 

9 construction standards, and zoning; 

10 (E) land and property owner education; 

11 (F) economic planning for small commu12 nities dependent upon affected coastal resources, 

13 including fisheries; and 

14 (G) funding requirements and mechanisms. 

15 (e) TECHNICAL PLANNING AND FINANCIAL ASSIST16 ANCE.—The Administrator, through the National Ocean 

17 Service, shall establish a coordinated program— 

18 (1) to provide technical planning assistance and 

19 financial assistance to coastal States, tribes, and local 

20 governments as they develop and implement adapta21 tion or mitigation strategies and plans under this sec22 tion; and 

23 (2) to make products, information, tools, and 

24 technical expertise generated from the development of 

25 the regional assessment and the regional adaptation 
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1 plan available to coastal States for the purposes of de2 veloping their own State, tribal, and local plans. 

3 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated to the Administrator of the National Oceanic and 

6 Atmospheric Administration— 

7 (1) $35,000,000 for each of fiscal years 2006 

8 through 2012 to carry out this title (other than sec9 tion 208); and 

10 (2) $5,000,000 for each of such fiscal years to 

11 carry out section 208, of which at least $3,000,000 for 

12 each fiscal year shall be used to carry out the pilot 

13 projects authorized by section 208(b). 

14 (b) FUNDING.—The Secretary of Commerce is author15 ized to use amounts from the Digital Transition and Public 

16 Safety Fund in accordance with section 5 of the Digital 

17 Transition and Public Safety Act of 2005 to carry out this 

18 title as an offsetting collection in, and credited to, the ac19 count 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