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 com-
munications errors in Hawaii on January 13, 2018, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2018 
Ms. GABBARD (for herself, Mr. YOUNG of Alaska, and Ms. HANABUSA) intro-
duced the following bill; which was referred to the Committee on Armed 
Services, and in addition to the Committees on Transportation and Infra-
structure, and Energy and Commerce, for a period to be subsequently de-
termined 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 Com-
mission 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Civil Defense Account-
ability Act of 2018’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) On January 13, 2018, a ballistic missile 
alert reading: ‘‘BALLISTIC MISSILE THREAT 
INBOUND TO HAWAII. SEEK IMMEDIATE 
SHELTER. THIS IS NOT A DRILL’’ was sent in 
error to individuals in the State of Hawaii, and was 
not corrected for 38 minutes, traumatizing Hawaii 
residents and visitors. 
(2) The National Security Strategy of the 
President, dated December 18, 2017, noted the fol-
lowing: 
(A) ‘‘As missiles grow in numbers, types, 
and effectiveness, to include those with greater 
ranges, they are the most likely means for 
states like North Korea to use a nuclear weap-
on against the United States.’’. 
(B) North Korea ‘‘has spent hundreds of 
millions of dollars on nuclear, chemical, and bi-
ological weapons that could threaten our home-
land’’. 
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(C) ‘‘North Korea seeks the capability to 
kill millions of Americans with nuclear weap-
ons.’’. 
(3) Due to the heightened threat level of con-
flict with North Korea, the State of Hawaii has 
begun to implement monthly outdoor warning siren 
system tests for the first time since the end of the 
Cold War. 
(4) According to the Hawaii Emergency Man-
agement Agency, a North Korean ballistic missile 
would reach Hawaii approximately 20 minutes after 
launch. 
(5) According to the Missile Defense Agency, 
‘‘sophisticated ballistic missile technology is available 
on a wider scale than ever to countries hostile to the 
U.S. and our allies. As those countries continue to 
develop and exchange this technology, there is also 
an increasing threat of those technologies falling 
into the hands of hostile non-state groups.’’. 
SEC. 3. REPORT REGARDING BALLISTIC MISSILE CIVIL DE-
FENSE NOTIFICATION PROTOCOLS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in coordination with the Director of the Federal 
Communications Commission and the Secretary of Home-
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land Security, shall submit to Congress a report regarding 
current notification protocols regarding ballistic missile 
threats. Such report shall include assessments of notifica-
tions required under Federal law or regulations— 
(1) after a ballistic missile threat is identified, 
including notifications to Federal and State entities; 
(2) during a ballistic missile threat, including 
communications between Federal and State entities; 
and 
(3) regarding ballistic missile impact warnings 
to Federal and State entities and the general public. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may contain 
a classified annex. 
SEC. 4. CIVIL DEFENSE EMERGENCY BEST PRACTICES. 
(a) STUDY.—(1) Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security, acting through the Federal Emergency 
Management Agency, shall conduct a study to identify 
best practices of the States selected under paragraph (2) 
regarding civil defense emergencies. Such study shall iden-
tify the following: 
(A) Plans of each State regarding commu-
nications between State, local, and Federal enti-
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retary of Homeland Security shall submit to Con-
gress a report regarding the following: 
(A) The study under subsection (a). 
(B) Deficiencies identified by the Secretary 
in existing State practices regarding civil de-
fense emergencies. 
(C) Best practices identified by the Sec-
retary regarding civil defense emergencies. 
(D) Best modes and methods used to pro-
vide public instructions once a civil defense 
emergency is declared. 
(E) Plans of the Secretary to improve out-
reach to the general public regarding civil de-
fense emergencies. 
(2) FORM.—The report required under this 
subsection shall be submitted in unclassified form, 
but may contain a classified annex. 
(3) DISSEMINATION
TO
THE
STATES.—Not 
later than 270 days after the date of the enactment 
of this Act, the Secretary of Homeland Security 
shall disseminate the unclassified portions of the re-
port required under this subsection to the chief exec-
utive of each State. 
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SEC. 5. INCIDENT REPORTS REGARDING THE BALLISTIC 
MISSILE FALSE ALARM THAT OCCURRED ON 
JANUARY 13, 2018. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, each key official shall 
submit to Congress an unclassified report, with a classified 
annex if necessary, regarding the actions of the respective 
Federal department or agency of the key official with re-
spect to the ballistic missile false alarm that occurred on 
January 13, 2018, in the State of Hawaii. Each report 
under this section shall include recommendations of the 
key official who submits each such report regarding cor-
rective actions that such key official determines will dimin-
ish the possibility of another ballistic missile false alarm. 
(b) PUBLICATION.—Each key official who submits a 
report under subsection (a) shall publish on a publicly 
available website of the respective Federal department or 
agency of each such key official the unclassified portion 
of each such report. 
(c) KEY OFFICIAL DEFINED.—In this section, the 
term ‘‘key official’’ includes— 
(1) the Secretary of Defense; 
(2) the Administrator of the Federal Emer-
gency Management Agency; and 
(3) the Director of the Federal Communications 
Commission. 
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SEC. 6. PUBLIC HEALTH RECOMMENDATIONS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Health and 
Human Services, acting through the Office of the Assist-
ant Secretary for Preparedness and Response of the De-
partment of Health and Human Services, shall submit to 
Congress and publish online a report regarding the ability 
of the Department and health care providers to respond 
to attacks in the United States with biological, chemical, 
radiological, or nuclear weapons. The report under this 
section shall include the following: 
(1) Assessments of current readiness of the De-
partment and health care providers to respond to 
such attacks. 
(2) Recommendations to Congress and to 
health care providers that the Secretary determines 
will improve readiness described in paragraph (1). 
(b) OUTREACH.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Health 
and Human Services shall develop and implement a public 
outreach program in coordination with State and local 
government entities regarding recommendations contained 
in the report required under subsection (a). 
(c) GRANTS.—The Secretary of Health and Human 
Services shall take into consideration the recommenda-
tions in the report required under subsection (a) when 
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issuing grants under the Public Health Emergency Pre-
paredness cooperative agreement and the Hospital Pre-
paredness Program. 
SEC. 7. DEFINITION. 
In this Act, the term ‘‘State’’ means each of the sev-
eral States of the United States, the District of Columbia, 
and any territory, commonwealth, or possession of the 
United States. 
Æ 
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