I 
109TH CONGRESS 
2D SESSION 
H. R. 5785 
To establish a unified national hazard alert system, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2006 
Mr. SHIMKUS (for himself, Mr. WYNN, Mrs. BONO, Mr. ENGEL, Mr. RADANO-
VICH, Mr. MELANCON, Mr. ENGLISH of Pennsylvania, Mr. JOHNSON of 
Illinois, Mr. MCCOTTER, Mr. BLUMENAUER, and Mr. BRADLEY of New 
Hampshire) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To establish a unified national hazard alert system, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Warning, Alert, and 
Response Network Act’’. 
SEC. 2. NATIONAL ALERT SYSTEM. 
(a) ESTABLISHMENT.—There is established a vol-
untary National Alert System to provide a public commu-
nications system capable of alerting the public on a na-
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tional, regional, or local basis to emergency situations re-
quiring a public response. 
(b) FUNCTIONS.—The National Alert System— 
(1) will enable any Federal, State, tribal, or 
local government official with credentials issued 
under section 3 by the National Alert Office to alert 
the public to any imminent threat that presents a 
significant risk of injury or death to the public; 
(2) will be coordinated with and supplement ex-
isting Federal, State, tribal, and local emergency 
warning and alert systems; 
(3) will be flexible enough in its application to 
permit narrowly targeted alerts in circumstances in 
which only a small geographic area is exposed or po-
tentially exposed to the threat; and 
(4) will transmit alerts across the greatest pos-
sible variety of communications technologies, includ-
ing digital and analog broadcasts, cable and satellite 
television, satellite and terrestrial radio, wireless 
communications, wireline communications, and the 
Internet to reach the largest portion of the affected 
population. 
(c) CAPABILITIES.—The National Alert System— 
(1) shall incorporate multiple communications 
technologies and be designed to adapt to, and incor-
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porate, future technologies for communicating di-
rectly with the public; 
(2) may not interfere with existing alert, warn-
ing, priority access, or emergency communications 
systems employed by Federal, State, tribal, or local 
emergency response personnel and shall incorporate 
existing emergency alert technologies and operate 
consistent with the NOAA All-Hazards Radio Sys-
tem; and 
(3) shall not be based upon any single tech-
nology or platform, but shall be designed to provide 
alerts to the largest portion of the affected popu-
lation feasible and improve the ability of remote 
areas to receive alerts. 
(d) RECEPTION
OF ALERTS.—The National Alert 
System shall— 
(1) utilize multiple technologies for providing 
alerts to the public, including technologies that do 
not require members of the public to activate a par-
ticular device or use a particular technology to re-
ceive an alert provided via the National Alert Sys-
tem; and 
(2) provide redundant alert mechanisms where 
practicable so as to reach the greatest number of 
people regardless of whether they have access to, or 
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utilize, any specific medium of communication or 
any particular device. 
SEC. 3. IMPLEMENTATION AND USE. 
(a) AUTHORITY TO ACCESS SYSTEM.— 
(1) IN GENERAL.—The National Alert Office 
shall establish a process for issuing credentials to 
Federal, State, tribal, or local government officials 
with responsibility for issuing safety warnings to the 
public that will enable them to access the National 
Alert System. 
(2) REQUESTS
FOR
CREDENTIALS.—Requests 
for credentials from Federal, State, tribal, and local 
government agencies shall be submitted to the Office 
by the head of the Federal department or agency, or 
the governor of the State or the elected leader of a 
Federally recognized Indian tribe, concerned, for re-
view and approval. 
(3) SCOPE
AND
LIMITATIONS
OF
CREDEN-
TIALS.—The Office shall— 
(A) establish eligibility criteria for issuing, 
renewing, and revoking access credentials; 
(B) limit credentials to appropriate geo-
graphic areas or political jurisdictions; and 
(C) ensure that the credentials permit use 
of the National Alert System only for alerts 
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that are consistent with the jurisdiction, author-
ity, and basis for eligibility of the individual to 
whom the credentials are issued to use the Na-
tional Alert System. 
(4) PERIODIC TRAINING.—The Office shall— 
(A) establish a periodic training program 
for Federal, State, tribal, or local government 
officials with credentials to use the National 
Alert System; and 
(B) require such officials to undergo peri-
odic training under the program as a pre-
requisite for retaining their credentials to use 
the system. 
(b) ALLOWABLE ALERTS.— 
(1) IN
GENERAL.—Any alert transmitted via 
the National Alert System, other than an alert de-
scribed in paragraph (3), shall meet 1 or more of 
the following requirements: 
(A) An alert shall notify the public of a 
hazardous situation that poses an imminent 
threat to the public health or safety. 
(B) An alert shall provide appropriate in-
structions for actions to be taken by individuals 
affected or potentially affected by such a situa-
tion. 
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(C) An alert shall transmit public address-
es by Federal, State, tribal, or local officials 
when necessary. 
(D) An alert shall notify the public of 
when the hazardous situation has ended or has 
been brought under control. 
(2) EVENT
ELIGIBILITY
REGULATIONS.—The 
director of the National Alert Office, in consultation 
with the Working Group, shall by regulation speci-
fy— 
(A) the classes of events or situations for 
which the National Alert System may be used 
to alert the public; and 
(B) the content of the types of alerts that 
may be transmitted by or through use of the 
National Alert System, which may include— 
(i) notifications to the public of a haz-
ardous situation that poses an imminent 
threat to the public health or safety accom-
panied by appropriate instructions for ac-
tions to be taken by individuals affected or 
potentially affected by such a situation; 
and 
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(ii) when technologically feasible pub-
lic addresses by Federal, State, tribal, or 
local officials if necessary. 
(c) ACCESS POINTS.—The National Alert System 
shall provide— 
(1) secure, widely dispersed multiple access 
points to Federal, State, or local government offi-
cials with credentials that will enable them to ini-
tiate alerts for transmission to the public via the 
National Alert System; and 
(2) system redundancies to ensure functionality 
in the event of partial system failures, power fail-
ures, or other interruptive events. 
(d) ELECTION TO CARRY SERVICE.— 
(1) AMENDMENT OF LICENSE.—Within 60 days 
after the date on which the National Alert Office 
adopts relevant technical standards based on rec-
ommendations of the Working Group, the Federal 
Communications Commission shall initiate a pro-
ceeding and subsequently issue an order— 
(A) to allow any licensee providing com-
mercial mobile service (as defined in section 
332(d)(1) of the Communications Act of 1934 
(47 U.S.C. 332(d)(1))) to transmit National 
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Alert System alerts to all subscribers to, or 
users of, such service; and 
(B) to require any such licensee who elects 
under paragraph (2) not to participate in the 
transmission of National Alert System alerts, to 
provide clear and conspicuous notice at the 
point of sale of any devices with which its serv-
ice is included, that it will not transmit Na-
tional Alert System alerts via its service. 
(2) ELECTION TO CARRY SERVICE.— 
(A) IN GENERAL.—Within 30 days after 
the Commission issues its order under para-
graph (1), each such licensee shall file an elec-
tion with the Commission with respect to 
whether or not it intends to participate in the 
transmission of National Alert System alerts. 
(B) PARTICIPATION.—If a licensee elects 
to participate in the transmission of National 
Alert System alerts, the licensee shall certify to 
the National Alert Office that it will participate 
in a manner consistent with the standards and 
protocols implemented by the National Alert 
Office. 
(C) ADVERTISING.—Nothing in this Act 
shall be construed to prevent a licensee from 
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advertising that it participates in the trans-
mission of National Alert System alerts. 
(D) WITHDRAWAL FROM OR LATER ENTRY 
INTO SYSTEM.—The Commission shall establish 
a procedure for— 
(i) participating licensees to withdraw 
from the National Alert System upon noti-
fication of its withdrawal to its existing 
subscribers; and 
(ii) licensees to enter the National 
Alert System at a date later than provided 
in subparagraph (A). 
(E) CONSUMER
CHOICE
TECHNOLOGY.— 
Any licensee electing to participate in the trans-
mission of National Alert System alerts may 
offer subscribers the capability of preventing 
the subscriber’s device from receiving alerts 
broadcast by the system other than an alert 
issued by the President. 
(e) DIGITAL TELEVISION TRANSMISSION TOWERS.— 
(1) RETRANSMISSION CAPABILITY.—Within 30 
days after the date of enactment of this Act, the 
Federal Communications Commission shall initiate a 
proceeding to require public broadcast television li-
censees and permittees to install necessary equip-
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ment and technologies on, or as part of, any broad-
cast television digital signal transmitter to enable 
the transmitter to serve as a backbone for the recep-
tion, relay, and retransmission of National Alert 
System alerts. 
(2) COMPENSATION.—The National Alert Office 
established by section 4 shall compensate any such 
licensee or permittee for costs incurred in complying 
with the requirements imposed pursuant to para-
graph (1). 
(f) FCC REGULATION OF COMPLIANCE.—Except as 
provided in subsections (d) and (e), the Federal Commu-
nications Commission shall have no regulatory authority 
under this Act except to regulate compliance with this Act 
by licensees and permittees regulated by the Commission 
under the Communications Act of 1934 (47 U.S.C. 151 
et seq.). 
(g) TESTING.—The director shall establish testing 
criteria and guidelines for licensees that elect to partici-
pate in the transmission of National Alert System alerts. 
SEC. 4. NATIONAL ALERT OFFICE. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The National Alert Office is 
established within the National Telecommunications 
and Information Administration. 
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(2) DIRECTOR.—The office shall be headed by 
a director with at least 5 years’ operational experi-
ence in the management and issuance of warnings 
and alerts, hazardous event management, or disaster 
planning. 
(3) STAFF.—The office shall have a staff with 
significant technical expertise in the communications 
industry. The director may request the detailing, 
with or without reimbursement, of staff from any 
appropriate Federal department or agency in order 
to ensure that the concerns of all such departments 
and agencies are incorporated into the daily oper-
ation of the National Alert System. 
(b) FUNCTIONS AND RESPONSIBILITIES.— 
(1) IN GENERAL.—The Office shall administer, 
operate, and manage the National Alert System. 
(2) IMPLEMENTATION
OF
WORKING
GROUP 
RECOMMENDATIONS.—The Office shall be respon-
sible for implementing the recommendations of the 
Working Group established by section 5 regarding— 
(A) the technical transmission of alerts; 
(B) the incorporation of new technologies 
into the National Alert System; 
(C) the technical capabilities of the Na-
tional Alert System; and 
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(D) any other matters that fall within the 
duties of the Working Group. 
(3) TRANSMISSION OF ALERTS.—In administering 
the National Alert System, the director of the National 
Alert Office shall ensure that— 
(A) the National Alert System is available to, 
and enables, only Federal, State, tribal, or local gov-
ernment officials with credentials issued under sec-
tion 3 by the National Alert Office to access and uti-
lize the National Alert System; 
(B) the National Alert System is capable of 
providing geographically targeted alerts where such 
alerts are appropriate; 
(C) the legitimacy and authenticity of any prof-
fered alert is verified before it is transmitted; 
(D) each proffered alert complies with formats, 
protocols, and other requirements established by the 
Office to ensure the efficacy and usefulness of alerts 
transmitted via the National Alert System; 
(E) the security and integrity of a National 
Alert System alert from the point of origination to 
delivery is maintained; and 
(F) the security and integrity of the National 
Alert System is maintained and protected. 
(c) REPORTS.— 
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(1) ANNUAL REPORTS.—The director shall sub-
mit an annual report to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the 
House of Representatives on the status of, and plans 
for, the National Alert System. In the first annual 
report, the director shall report on— 
(A) the progress made toward operational 
activation of the alerting capabilities of the Na-
tional Alert System; and 
(B) the anticipated date on which the Na-
tional Alert System will be available for utiliza-
tion by Federal, State, and local officials. 
(2) 5-YEAR
PLAN.—Within 1 year after the 
date of enactment of this Act and every 5 years 
thereafter, the director shall publish a 5-year plan 
that outlines future capabilities and communications 
platforms for the National Alert System. The plan 
shall serve as the long-term planning document for 
the Office. 
(d) GAO AUDITS.— 
(1) IN
GENERAL.—The Comptroller General 
shall audit the National Alert Office every 2 years 
after the date of enactment of this Act and transmit 
the findings thereof to the Committee on Commerce, 
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Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House 
of Representatives. 
(2) RESPONSE REPORT.—If, as a result of the 
audit, the Comptroller General expresses concern 
about any matter addressed by the audit, the direc-
tor of the National Alert Office shall transmit a re-
port to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Energy and Commerce of the House of Representa-
tives describing what action, if any, the director is 
taking to respond to any such concern. 
SEC. 5. NATIONAL ALERT SYSTEM WORKING GROUP. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, the director of the Na-
tional Alert Office shall establish a working group, to be 
known as the National Alert System Working Group. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT; CHAIR.—The director shall 
appoint the members of the Working Group as soon 
as practicable after the date of enactment of this 
Act and shall serve as its chair. In appointing mem-
bers of the Working Group, the director shall ensure 
that the number of members appointed under para-
graphs (3) and (4) provides appropriate and ade-
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quate representation for all stakeholders and inter-
ested and affected parties. 
(2) FEDERAL
AGENCY
REPRESENTATIVES.— 
The director shall appoint appropriate personnel 
from the National Institute of Standards and Tech-
nology, the National Oceanic and Atmospheric Ad-
ministration, the Federal Communications Commis-
sion, the Federal Emergency Management Agency, 
the Nuclear Regulatory Commission, and the De-
partment of Justice to serve as members of the 
Working Group. The director may also appoint rep-
resentatives of other appropriate Federal agencies to 
serve as members of the Working Group. 
(3) STATE, LOCAL, AND TRIBAL GOVERNMENT 
REPRESENTATIVES.—The director shall appoint rep-
resentatives of State, local, and tribal governments 
and representatives of emergency services personnel, 
selected from among individuals nominated by na-
tional organizations representing such governments 
and personnel, to serve as members of the Working 
Group. 
(4) SUBJECT MATTER EXPERTS.—The director 
shall appoint individuals who have the requisite tech-
nical knowledge and expertise to assist the Working 
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Group in the fulfillment of its duties, including rep-
resentatives of— 
(A) communications service providers; 
(B) vendors, developers, and manufactur-
ers of systems, facilities; equipment, and capa-
bilities for the provision of communications 
services; 
(C) third parties that offer the capability 
of providing technical support to communica-
tions service providers for purposes of partici-
pating in the National Alert System; 
(D) the national organization representing 
the licensees and permittees of noncommercial 
broadcast television stations; and 
(E) other individuals with technical exper-
tise that would enhance the National Alert Sys-
tem. 
(c) DUTIES OF THE WORKING GROUP.— 
(1) DEVELOPMENT OF SYSTEM-CRITICAL REC-
OMMENDATIONS.—Within 1 year after the date of 
enactment of this Act, the Working Group shall de-
velop and transmit to the National Alert Office rec-
ommendations for— 
(A) protocols, including formats, source or 
originator identification, threat severity, hazard 
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description, and response requirements or rec-
ommendations, for alerts to be transmitted via 
the National Alert System that ensures that 
alerts are capable of being utilized across the 
broadest variety of communication technologies, 
at National, State, and local levels; 
(B) procedures for verifying, initiating, 
modifying, and canceling alerts transmitted via 
the National Alert System; 
(C) guidelines for the technical capabilities 
of the National Alert System; 
(D) guidelines for technical capability that 
provides for the priority transmission of Na-
tional Alert System alerts; 
(E) guidelines for other capabilities of the 
National Alert System as specified in this Act; 
and 
(F) standards for equipment and tech-
nologies used by the National Alert System. 
(2) INTEGRATION
OF
EMERGENCY
AND
NA-
TIONAL ALERT SYSTEMS.—The Working Group shall 
coordinate with the operators of nuclear power 
plants and other critical infrastructure facilities to 
integrate emergency alert systems for those facilities 
with the National Alert System. 
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(d) MEETINGS.— 
(1) INITIAL MEETING.—The initial meeting of 
the Working Group shall take place not later than 
60 days after the date of the enactment of this Act. 
(2) OTHER MEETINGS.—After the initial meet-
ing, the Working Group shall meet at the call of the 
chair. 
(3) NOTICE; OPEN MEETINGS.—Any meetings 
held by the Working Group shall be duly noticed at 
least 14 days in advance and shall be open to the 
public. 
(e) GIFTS AND GRANTS.—The Working Group may 
accept, use, and dispose of gifts or grants of services or 
property, both real and personal, for purposes of aiding 
or facilitating the work of the Working Group. Gifts or 
grants not used at the expiration of the Working Group 
shall be returned to the donor or grantor. 
(f) RULES.— 
(1) QUORUM.—One-third of the members of the 
Working Group shall constitute a quorum for con-
ducting business of the Working Group. 
(2) SUBCOMMITTEES.—To assist the Working 
Group in carrying out its functions, the chair may 
establish appropriate subcommittees composed of 
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