I 

115TH CONGRESS 

2D SESSION H. R. 4949 

To direct the Secretary of Homeland Security, the Secretary of Defense, 

the Secretary of Health and Human Services, and the Director of the 

Federal Communications Commission to take certain actions regarding 

civil defense related to the growing ballistic missile threat and the communications errors in Hawaii on January 13, 2018, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2018 

Ms. GABBARD (for herself, Mr. YOUNG of Alaska, and Ms. HANABUSA) introduced the following bill; which was referred to the Committee on Armed 

Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Homeland Security, the Secretary 

of Defense, the Secretary of Health and Human Services, 

and the Director of the Federal Communications Commission to take certain actions regarding civil defense 

related to the growing ballistic missile threat and the 

communications errors in Hawaii on January 13, 2018, 

and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Civil Defense Account3 ability Act of 2018’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) On January 13, 2018, a ballistic missile 

7 alert reading: ‘‘BALLISTIC MISSILE THREAT 

8 INBOUND TO HAWAII. SEEK IMMEDIATE 

9 SHELTER. THIS IS NOT A DRILL’’ was sent in 

10 error to individuals in the State of Hawaii, and was 

11 not corrected for 38 minutes, traumatizing Hawaii 

12 residents and visitors. 

13 (2) The National Security Strategy of the 

14 President, dated December 18, 2017, noted the fol15 lowing: 

16 (A) ‘‘As missiles grow in numbers, types, 

17 and effectiveness, to include those with greater 

18 ranges, they are the most likely means for 

19 states like North Korea to use a nuclear weap20 on against the United States.’’. 

21 (B) North Korea ‘‘has spent hundreds of 

22 millions of dollars on nuclear, chemical, and bi23 ological weapons that could threaten our home24 land’’. 


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1 (C) ‘‘North Korea seeks the capability to 

2 kill millions of Americans with nuclear weap3 ons.’’. 

4 (3) Due to the heightened threat level of con5 flict with North Korea, the State of Hawaii has 

6 begun to implement monthly outdoor warning siren 

7 system tests for the first time since the end of the 

8 Cold War. 

9 (4) According to the Hawaii Emergency Man10 agement Agency, a North Korean ballistic missile 

11 would reach Hawaii approximately 20 minutes after 

12 launch. 

13 (5) According to the Missile Defense Agency, 

14 ‘‘sophisticated ballistic missile technology is available 

15 on a wider scale than ever to countries hostile to the 

16 U.S. and our allies. As those countries continue to 

17 develop and exchange this technology, there is also 

18 an increasing threat of those technologies falling 

19 into the hands of hostile non-state groups.’’. 

20 SEC. 3. REPORT REGARDING BALLISTIC MISSILE CIVIL DE21 FENSE NOTIFICATION PROTOCOLS. 

22 (a) IN GENERAL.—Not later than 90 days after the 

23 date of the enactment of this Act, the Secretary of De24 fense, in coordination with the Director of the Federal 

25 Communications Commission and the Secretary of HomeVerDate Sep 11 2014 02:30 Feb 09, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4949.IH H4949

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1 land Security, shall submit to Congress a report regarding 

2 current notification protocols regarding ballistic missile 

3 threats. Such report shall include assessments of notifica4 tions required under Federal law or regulations— 

5 (1) after a ballistic missile threat is identified, 

6 including notifications to Federal and State entities; 

7 (2) during a ballistic missile threat, including 

8 communications between Federal and State entities; 

9 and 

10 (3) regarding ballistic missile impact warnings 

11 to Federal and State entities and the general public. 

12 (b) FORM.—The report required under subsection (a) 

13 shall be submitted in unclassified form, but may contain 

14 a classified annex. 

15 SEC. 4. CIVIL DEFENSE EMERGENCY BEST PRACTICES. 

16 (a) STUDY.—(1) Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary of Home18 land Security, acting through the Federal Emergency 

19 Management Agency, shall conduct a study to identify 

20 best practices of the States selected under paragraph (2) 

21 regarding civil defense emergencies. Such study shall iden22 tify the following: 

23 (A) Plans of each State regarding commu24 nications between State, local, and Federal entiVerDate Sep 11 2014 02:30 Feb 09, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4949.IH H4949

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1 ties before, during, and after a civil defense 

2 emergency. 

3 (B) Plans of each State to communicate 

4 with residents before, during, and after a civil 

5 defense emergency. 

6 (C) Plans of each State to educate resi7 dents regarding civil defense emergencies. 

8 (D) Security plans of each State and local 

9 law enforcement agencies of each State regard10 ing civil defense emergencies. 

11 (E) Contingency plans of each State to de12 liver aid, food, water, and temporary shelter in 

13 a civil defense emergency. 

14 (2) The Secretary of Homeland Security shall select 

15 not fewer than 13 States to participate in the study under 

16 this subsection, including— 

17 (A) Hawaii, Alaska, California, and Wash18 ington; 

19 (B) not fewer than five other States that border 

20 on an ocean or the Gulf of Mexico; and 

21 (C) not fewer than five other States that do not 

22 so border an ocean or the Gulf of Mexico. 

23 (b) REPORT.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the SecVerDate Sep 11 2014 02:30 Feb 09, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4949.IH H4949

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1 retary of Homeland Security shall submit to Con2 gress a report regarding the following: 

3 (A) The study under subsection (a). 

4 (B) Deficiencies identified by the Secretary 

5 in existing State practices regarding civil de6 fense emergencies. 

7 (C) Best practices identified by the Sec8 retary regarding civil defense emergencies. 

9 (D) Best modes and methods used to pro10 vide public instructions once a civil defense 

11 emergency is declared. 

12 (E) Plans of the Secretary to improve out13 reach to the general public regarding civil de14 fense emergencies. 

15 (2) FORM.—The report required under this 

16 subsection shall be submitted in unclassified form, 

17 but may contain a classified annex. 

18 (3) DISSEMINATION TO THE STATES.—Not 

19 later than 270 days after the date of the enactment 

20 of this Act, the Secretary of Homeland Security 

21 shall disseminate the unclassified portions of the re22 port required under this subsection to the chief exec23 utive of each State. 


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1 SEC. 5. INCIDENT REPORTS REGARDING THE BALLISTIC 

2 MISSILE FALSE ALARM THAT OCCURRED ON 

3 JANUARY 13, 2018. 

4 (a) IN GENERAL.—Not later than 60 days after the 

5 date of the enactment of this Act, each key official shall 

6 submit to Congress an unclassified report, with a classified 

7 annex if necessary, regarding the actions of the respective 

8 Federal department or agency of the key official with re9 spect to the ballistic missile false alarm that occurred on 

10 January 13, 2018, in the State of Hawaii. Each report 

11 under this section shall include recommendations of the 

12 key official who submits each such report regarding cor13 rective actions that such key official determines will dimin14 ish the possibility of another ballistic missile false alarm. 

15 (b) PUBLICATION.—Each key official who submits a 

16 report under subsection (a) shall publish on a publicly 

17 available website of the respective Federal department or 

18 agency of each such key official the unclassified portion 

19 of each such report. 

20 (c) KEY OFFICIAL DEFINED.—In this section, the 

21 term ‘‘key official’’ includes— 

22 (1) the Secretary of Defense; 

23 (2) the Administrator of the Federal Emer24 gency Management Agency; and 

25 (3) the Director of the Federal Communications 

26 Commission. 


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1 SEC. 6. PUBLIC HEALTH RECOMMENDATIONS. 

2 (a) REPORT.—Not later than 180 days after the date 

3 of the enactment of this Act, the Secretary of Health and 

4 Human Services, acting through the Office of the Assist5 ant Secretary for Preparedness and Response of the De6 partment of Health and Human Services, shall submit to 

7 Congress and publish online a report regarding the ability 

8 of the Department and health care providers to respond 

9 to attacks in the United States with biological, chemical, 

10 radiological, or nuclear weapons. The report under this 

11 section shall include the following: 

12 (1) Assessments of current readiness of the De13 partment and health care providers to respond to 

14 such attacks. 

15 (2) Recommendations to Congress and to 

16 health care providers that the Secretary determines 

17 will improve readiness described in paragraph (1). 

18 (b) OUTREACH.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary of Health 

20 and Human Services shall develop and implement a public 

21 outreach program in coordination with State and local 

22 government entities regarding recommendations contained 

23 in the report required under subsection (a). 

24 (c) GRANTS.—The Secretary of Health and Human 

25 Services shall take into consideration the recommenda26 tions in the report required under subsection (a) when 


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1 issuing grants under the Public Health Emergency Pre2 paredness cooperative agreement and the Hospital Pre3 paredness Program. 

4 SEC. 7. DEFINITION. 

5 In this Act, the term ‘‘State’’ means each of the sev6 eral States of the United States, the District of Columbia, 

7 and any territory, commonwealth, or possession of the 

8 United States. 

Æ 


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