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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1223 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1223

     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act to support efforts by local or regional television or 
radio broadcasters to provide essential public information programming 
       in the event of a major disaster, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2007

  Ms. Landrieu (for herself, Mr. Stevens, Mr. Carper, and Mr. Pryor) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
 Assistance Act to support efforts by local or regional television or 
radio broadcasters to provide essential public information programming 
       in the event of a major disaster, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``First Response Broadcasters Act of 
2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in the periods before, during, and after major 
        disasters that occurred not long before the date of enactment 
        of this Act (including Hurricane Katrina, Hurricane Rita, and 
        the terrorist attacks of September 11, 2001), local media 
        organizations (including newspapers, public and private 
        broadcasters, and online publications) provided a valuable 
        public service by transmitting and publishing disaster-related 
        information, guidance, and assistance;
            (2) local broadcasters, public and private, provided a 
        particularly valuable public service by transmitting evacuation 
        instructions, warnings of impending threats, timely response 
        status updates, and other essential information related to such 
        major disasters to listeners and viewers to whom other forms of 
        media were often unavailable or inaccessible;
            (3) an inability to access a disaster area may impede the 
        ability of local media organizations to provide such public 
        services;
            (4) according to the report by the Committee on Homeland 
        Security and Governmental Affairs of the Senate, titled 
        ``Hurricane Katrina: A Nation Still Unprepared'', dated May 
        2006, ``It is essential that the news media receive accurate 
        disaster information to circulate to the public. News media can 
        also help inform the public by reporting on rumors and 
        soliciting evidence and comment on their plausibility, if 
        any'';
            (5) according to testimony provided on September 22, 2005, 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate, an estimated 100 Gulf Coast broadcast stations were 
        unable to broadcast as a result of Hurricane Katrina, with 
        approximately 28 percent of television stations and 
        approximately 35 percent of radio stations unable to broadcast 
        in the area affected by Hurricane Katrina;
            (6) according to testimony provided on September 7, 2005, 
        to the Committee on Energy and Commerce of the House of 
        Representatives, following Hurricane Katrina only 4 of the 41 
        radio broadcast stations in the New Orleans metropolitan area 
        remained on the air in the immediate aftermath of that 
        hurricane;
            (7) the only television station in New Orleans to continue 
        transmitting its over-the-air signal uninterrupted during and 
        after Hurricane Katrina was able to do so only as a direct 
        result of steps taken to better protect its transmitter and 
        provide redundant production facilities in the region;
            (8) fuel and other supply shortages inhibit the ability of 
        a broadcaster to stay on the air and provide essential public 
        information following a major disaster;
            (9) according to the report by the Committee on Homeland 
        Security and Governmental Affairs of the Senate, titled 
        ``Hurricane Katrina: A Nation Still Unprepared'', dated May 
        2006, there were instances of Federal authorities confiscating 
        privately-purchased fuel supplies in the area affected by 
        Hurricane Katrina;
            (10) the ability of several broadcasters in Mississippi to 
        remain on the air was unduly compromised by the confiscation of 
        their privately-purchased fuel supplies;
            (11) practices put in place following Hurricane Andrew to 
        involve broadcasters in disaster response and expedite access 
        by broadcast engineers to disaster areas for the purpose of 
        repairing critical-to-air facilities and infrastructure has 
        significantly increased the ability of broadcasters in Florida 
        to continue transmitting essential public information during 
        subsequent major disasters;
            (12) a June 12, 2006, report to the Federal Communications 
        Commission from the Independent Panel Reviewing the Impact of 
        Hurricane Katrina on Communications Networks recommends that 
        cable and broadcasting infrastructure providers, and their 
        contracted workers, be afforded emergency responder status 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.) and that this 
        designation would remedy many of the access and fuel sharing 
        issues that hampered industry efforts to quickly repair 
        infrastructure following Hurricane Katrina;
            (13) the partnership of competing radio broadcasters in the 
        wake of Hurricane Katrina, casting aside commercial interests 
        to provide uninterrupted, redundant public information 
        programming from multiple transmission facilities, served the 
        public well and for many hurricane victims was the only source 
        of disaster-related information for many days;
            (14) other similar models for regional broadcaster 
        cooperation nationwide, such as the initiative by 3 public and 
        private radio groups to cooperatively produce essential 
        disaster-related programming in eastern and central Maine, will 
        further prepare the industry to effectively respond to major 
        disasters;
            (15) following Hurricane Katrina, a Primary Entry Point 
        station in Louisiana, operating only on generator power until 
        commercial power was restored 2 weeks after the disaster, was 
        instrumental in providing life-saving information to the 
        general public throughout the area as battery-operated radios 
        were the only source of official news and information;
            (16) as of April 18, 2007, there were 24 States with 1 
        Primary Entry Point station, 4 States with 2 Primary Entry 
        point stations, 2 Primary Entry Point stations located in 
        territories of the United States, and 2 Primary Entry Point 
        stations under development in Alabama and Mississippi;
            (17) in the event of a man-made or natural disaster, it is 
        essential to provide for Primary Entry Point stations in any 
        State or territory where there is not a facility, meaning an 
        additional 23 stations are required, located in--
                    (A) Arkansas;
                    (B) Connecticut;
                    (C) Delaware;
                    (D) the District of Columbia;
                    (E) Indiana;
                    (F) Iowa;
                    (G) Kentucky;
                    (H) Maine;
                    (I) Michigan;
                    (J) Nebraska;
                    (K) New Hampshire;
                    (L) New Jersey;
                    (M) Oklahoma;
                    (N) Oregon;
                    (O) Pennsylvania;
                    (P) Rhode Island;
                    (Q) South Dakota;
                    (R) Vermont;
                    (S) West Virginia;
                    (T) Wisconsin;
                    (U) American Samoa;
                    (V) the Northern Mariana Islands; and
                    (W) Guam; and
            (18) in the event of a man-made or natural disaster, it is 
        essential to provide for the Primary Entry Point stations in 
        larger States where there is currently a facility, but an 
        additional station is required to ensure full sufficient 
        geographic coverage, meaning 2 stations are required, located 
        in--
                    (A) Kansas; and
                    (B) Florida.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency;
            (2) the term ``disaster area'' means an area in which the 
        President has declared a major disaster, during the period of 
        that declaration;
            (3) the term ``first response broadcaster'' means a local 
        or regional television or radio broadcaster that provides 
        essential disaster-related public information programming 
        before, during, and after the occurrence of a major disaster;
            (4) the term ``major disaster'' has the meaning given the 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122); and
            (5) the term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 4. PRIMARY ENTRY POINT STATIONS.

    (a) In General.--There are authorized to be appropriated $6,500,000 
to the Administrator of the Federal Emergency Management Agency for 
facility and equipment expenses to construct an additional 25 Primary 
Entry Point stations in the continental United States and territories.
    (b) Definition.--In this section, the term ``Primary Entry Point 
station'' means a radio broadcast station designated to provide public 
information following national and local emergencies where there is no 
commercial power.

SEC. 5. BROADCAST DISASTER PREPAREDNESS GRANT PROGRAM.

    (a) Definition.--In this section, the term ``pilot program'' means 
the Broadcast Disaster Preparedness Grant Program established under 
subsection (b).
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a pilot program 
under which the Administrator may make grants to first response 
broadcasters, to be known as the ``Broadcast Disaster Preparedness 
Grant Program''.
    (c) Priority.--The Administrator may give priority to an 
application for a grant under the pilot program that--
            (1) is submitted--
                    (A) on behalf of more than 1 first response 
                broadcaster operating in an area;
                    (B) in cooperation with State or local authorities;
                    (C) on behalf of a first response broadcaster with 
                50 employees or less;
                    (D) on behalf of a first response broadcaster that 
                is principally owned and operated by individuals 
                residing within the State, county, parish, or 
                municipality in which the broadcaster is located; or
            (2) provides, in writing, a statement of the intention of 
        the applicant to provide disaster-related programming dedicated 
        to essential public information purposes before, during, and 
        after a major disaster.
    (d) Use of Funds.--A grant under the pilot program shall be used by 
a first response broadcaster to--
            (1) protect or provide redundancy for facilities and 
        infrastructure, including transmitters and other at-risk 
        equipment (as determined by the Administrator), critical to the 
        ability of that first response broadcaster to continue to 
        produce and transmit essential disaster-related public 
        information programming; or
            (2) upgrade or add facilities or equipment that will 
        enhance or expand the ability of the first responder 
        broadcaster to acquire, produce, or transmit essential 
        disaster-related public information programming.
    (e) Federal Share.--The Federal share of an activity carried out 
with a grant under this section shall be not more than 50 percent.
    (f) Termination.--The authority to make grants under the pilot 
program shall terminate at the end of the third full fiscal year after 
the date of enactment of this Act.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the pilot program 
$10,000,000 for each of fiscal years 2008 through 2010.

SEC. 6. FIRST RESPONSE BROADCASTER ACCESS FOLLOWING A MAJOR DISASTER.

    (a) Access.--Section 403 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170b) is amended--
            (1) in subsection (a)(3)(B), by inserting ``(including 
        providing fuel, food, water, and other supplies to first 
        response broadcasters, after providing essential emergency 
        services, health care, and utility restoration services)'' 
        before the semicolon at the end; and
            (2) in subsection (c)(6)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                subparagraphs (B) and (C), respectively; and
                    (B) by inserting before subparagraph (B), as so 
                redesignated, the following:
                    ``(A) First response broadcaster.--The term `first 
                response broadcaster' has the meaning given that term 
                in section 707.''.
    (b) Confiscation.--Title VII of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended 
by adding at the end the following:

``SEC. 707. CONFISCATION FROM FIRST RESPONSE BROADCASTERS.

    ``(a) Definition.--In this section, the term `first response 
broadcaster' means a local or regional television or radio broadcaster 
that provides essential disaster-related public information programming 
before, during, and after a major disaster.
    ``(b) In General.--In the event of a major disaster, and to the 
extent practicable and consistent with not endangering public safety, a 
Federal officer or employee may not confiscate fuel, water, or food 
from a first response broadcaster if that first response broadcaster 
adequately documents that such supplies will be used to enable that 
broadcast first responder to broadcast essential disaster-related 
public information programming in the area affected by that major 
disaster.''.
    (c) Restoration of Services.--The Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is 
amended--
            (1) by redesignating section 425 (42 U.S.C. 5189e) 
        (relating to essential service providers) as section 427; and
            (2) in section 427, as so redesignated, by adding at the 
        end the following:
    ``(d) First Response Broadcasters.--
            ``(1) Definition.--In this subsection, the term `first 
        response broadcaster' has the meaning given that term in 
        section 707.
            ``(2) In general.--In the event of a major disaster, the 
        head of a Federal agency, in consultation with appropriate 
        State and local government authorities, and to the greatest 
        extent practicable and consistent with not endangering public 
        safety or inhibiting recovery efforts, shall allow access to 
        the area affected by that major disaster for technical 
        personnel, broadcast engineers, and equipment needed to 
        restore, repair, or resupply any facility or equipment critical 
        to the ability of a first response broadcaster to continue to 
        acquire, produce, and transmit essential disaster-related 
        public information programming, including the repair and 
        maintenance of transmitters and other facility equipment and 
        transporting fuel for generators.
            ``(3) News gathering employees.--This subsection shall not 
        apply to news gathering employees or agents of a first response 
        broadcaster.''.
    (d) Guidelines for Press.--
            (1) Definitions.--In this subsection--
                    (A) the term ``credentialing authority'' means a 
                Federal, State, or local government agency that--
                            (i) issues press credentials; and
                            (ii) permits and coordinates access to a 
                        designated location or area on the basis of 
                        possessing such press credentials;
                    (B) the term ``press credential'' means the 
                identification provided to news personnel to identify 
                such personnel as members of the press; and
                    (C) the term ``news personnel'' includes a 
                broadcast journalist or technician, newspaper or 
                periodical reporter, photojournalist, and member of a 
                similar professional field whose primary interest in 
                entering the disaster area is to gather information 
                related to the disaster for wider publication or 
                broadcast.
            (2) Access to disaster area.--For purposes of permitting 
        and coordinating access by news personnel to a disaster area--
                    (A) any State or local government agency that 
                serves as the primary credentialing authority for that 
                disaster area before the date of the applicable major 
                disaster shall remain the primary credentialing 
                authority during and after that major disaster, 
                unless--
                            (i) the State or local government agency 
                        voluntarily relinquishes the ability to serve 
                        as primary credentialing authority to another 
                        agency; or
                            (ii) the State or local government agency, 
                        in consultation with appropriate Federal 
                        disaster response agencies, assigns certain 
                        duties, including primary credentialing 
                        authority, to the Federal Emergency Management 
                        Agency or another appropriate Federal, State, 
                        or local government agency; and
                    (B) the Federal Emergency Management Agency and 
                other appropriate Federal disaster response agencies 
                operating in a disaster area shall permit and 
                coordinate news personnel access to the disaster area 
                consistent with the access guidelines determined by the 
                primary credentialing authority for that disaster area.
            (3) Catastrophic incident access.--In the event of a 
        catastrophic incident (as that term is defined in section 501 
        of the Homeland Security Act of 2002 (6 U.S.C. 311)) that 
        leaves a State or local primary credentialing authority unable 
        to execute the duties of that credentialing authority described 
        under paragraph (2) or to effectively communicate to Federal 
        officials a determination regarding the intent of that 
        credentialing authority to retain, relinquish, or assign its 
        status as the primary credentialing authority, the Secretary 
        may designate the Federal Emergency Management Agency or 
        another Federal agency as the interim primary credentialing 
        authority, until such a time as the State or local 
        credentialing authority notifies the Secretary of whether that 
        authority intends to retain, relinquish, or assign its status.
                                 <all>
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