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ing a railroad carrier’s program under this subsection, the
Secretary shall review the program and transmit comments
to the railroad carrier concerning any revisions the Sec-
retary considers necessary for the program to meet the guid-
ance requirements. A railroad carrier shall respond to the
Secretary’s comments within 30 days after receiving them.
(d) TRAINING.—Not later than 1 year after the Sec-
retary reviews the training program developed by a rail-
road carrier under this section, the railroad carrier shall
complete the training of all front-line workers in accordance
with that program. The Secretary shall review implementa-
tion of the training program of a representative sample of
railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture, and the House of Representatives Committee on
Homeland Security on the number of reviews conducted and
the results. The Secretary may submit the report in both
classified and redacted formats as necessary.
(e) UPDATES.—The Secretary shall update the train-
ing guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide addi-
tional training to their front-line workers within a reason-
able time after the guidance is updated.
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(f) FRONT-LINE WORKERS DEFINED.—In this section,
the term ‘‘front-line workers’’ means security personnel, dis-
patchers, train operators, other onboard employees, mainte-
nance and maintenance support personnel, bridge tenders,
as well as other appropriate employees of railroad carriers,
as defined by the Secretary.
(g) OTHER EMPLOYEES.—The Secretary of Homeland
Security shall issue guidance and best practices for a rail
shipper employee security program containing the elements
listed under subsection (b) as appropriate.
SEC. 519. HIGH HAZARD MATERIAL SECURITY THREAT MITI-
GATION PLANS.
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with the Assistant Secretary of Home-
land Security (Transportation Security Administration)
and the Secretary of Transportation, shall require rail car-
riers transporting a high hazard material, and of a quan-
tity equal or exceeding the quantities of such material listed
in subpart 172.800, title 49, Federal Code of Regulations,
to develop a high hazard material security threat mitiga-
tion plan containing appropriate measures, including al-
ternative routing and temporary shipment suspension op-
tions, to address assessed risks to high consequence targets.
The plan, and any information submitted to the Secretary
under this section shall be protected as sensitive security
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information under the regulations prescribed under section
114(s) of title 49, United States Code.
(b) IMPLEMENTATION.—A high hazard material secu-
rity threat mitigation plan shall be put into effect by a
rail carrier for the shipment of high hazardous materials
by rail on the rail carrier’s right-of-way when the threat
levels of the Homeland Security Advisory System are high
or severe and specific intelligence of probable or imminent
threat exists towards—
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way
used to transport high hazardous material; or
(2) rail infrastructure or operations within the
immediate vicinity of a high-consequence target.
(c) COMPLETION AND REVIEW OF PLANS.—
(1) 
PLANS
REQUIRED.—Each 
rail 
carrier
shall—
(A) submit a list of routes used to transport
high hazard materials to the Secretary of Home-
land Security within 60 days after the date of
enactment of this Act;
(B) develop and submit a high hazard ma-
terial security threat mitigation plan to the Sec-
retary within 180 days after it receives the no-
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tice of high consequence targets on such routes by
the Secretary; and
(C) submit any subsequent revisions to the
plan to the Secretary within 30 days after mak-
ing the revisions.
(2) REVIEW AND UPDATES.—The Secretary, with
assistance of the Secretary of Transportation, shall
review the plans and transmit comments to the rail-
road carrier concerning any revisions the Secretary
considers necessary. A railroad carrier shall respond
to the Secretary’s comments within 30 days after re-
ceiving them. Each rail carrier shall update and re-
submit its plan for review not less than every 2 years.
(d) DEFINITIONS.—In this section:
(1) CATASTROPHIC
IMPACT
ZONE.—The term
‘‘catastrophic impact zone’’ means the area imme-
diately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in
which the potential release or explosion of the high
hazard material being transported would likely
cause—
(A) loss of life; or
(B) significant damage to property or
structures.
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(2) HIGH-CONSEQUENCE
TARGET.—The term
‘‘high-consequence target’’ means a building, build-
ings, infrastructure, public space, or natural resource
designated by the Secretary of Homeland Security
that is viable terrorist target of national significance,
the attack of which could result in—
(A) catastrophic loss of life; and
(B) significantly damaged national security
and defense capabilities; or
(C) national economic harm.
(3) HIGH HAZARD MATERIALS.—The term ‘‘high
hazard materials’’ means quantities of poison inhala-
tion hazard materials, Class 2.3 gases, Class 6.1 ma-
terials, and anhydrous ammonia that the Secretary,
in consultation with the Secretary of Transportation,
determines pose a security risk.
(4) RAIL CARRIER.—The term ‘‘rail carrier’’ has
the meaning given that term by section 10102(5) of
title 49, United States Code.
SEC. 520. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security, in consulta-
tion with the Secretary of Transportation, shall develop a
national plan for public outreach and awareness. Such plan
shall be designed to increase awareness of measures that the
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general public, railroad passengers, and railroad employees
can take to increase railroad system security. Such plan
shall also provide outreach to railroad carriers and their
employees to improve their awareness of available tech-
nologies, ongoing research and development efforts, and
available Federal funding sources to improve railroad secu-
rity. Not later than 9 months after the date of enactment
of this Act, the Secretary of Homeland Security shall imple-
ment the plan developed under this section.
SEC. 521. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) WIRELESS COMMUNICATIONS.—
(1) IN GENERAL.—In conjunction with any rail
security research and development program adminis-
tered by the Department of Homeland Security and
consistent with the results of research relating to wire-
less tracking technologies, the Secretary of Homeland
Security, in consultation with the Assistant Secretary
of Homeland Security (Transportation Security Ad-
ministration), shall develop a program that will en-
courage the equipping of rail cars transporting high
hazard materials (as defined in section 519) in quan-
tities equal to or greater than the quantities specified
in subpart 171.800 of title 49, Code of Federal Regu-
lations, with wireless terrestrial or satellite commu-
nications technology that provides—
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(A) car position location and tracking ca-
pabilities;
(B) notification of rail car depressurization,
breach, or unsafe temperature; and
(C) notification of hazardous material re-
lease.
(2) COORDINATION.—In developing the program
required by paragraph (1), the Secretary shall—
(A) consult with the Secretary of Transpor-
tation to coordinate the program with any ongo-
ing or planned efforts for rail car tracking at the
Department of Transportation; and
(B) ensure that the program is consistent
with recommendations and findings of the De-
partment of Homeland Security’s hazardous ma-
terial tank rail car tracking pilot programs.
(b) FUNDING.—There are authorized to be appro-
priated to the Secretary of Homeland Security to carry out
this section $3,000,000 for each of fiscal years 2007, 2008,
and 2009.
TITLE VI—NATIONAL ALERT
SYSTEM
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Warning, Alert, and
Response Network Act’’.
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SEC. 602. NATIONAL ALERT SYSTEM.
(a) ESTABLISHMENT.—There is established a National
Alert System to provide a public communications system
capable of alerting the public on a national, regional, or
local basis to emergency situations requiring a public re-
sponse.
(b) FUNCTIONS.—The National Alert System—
(1) will enable any Federal, State, tribal, or
local government official with credentials issued by
the National Alert Office under section 603 to alert
the public to any imminent threat that presents a sig-
nificant 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 com-
munications, wireline communications, and the Inter-
net to reach the largest portion of the affected popu-
lation.
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(c) CAPABILITIES.—The National Alert System—
(1) shall incorporate multiple communications
technologies and be designed to adapt to, and incor-
porate, future technologies for communicating directly
with the public;
(2) shall include mechanisms and technologies to
ensure that members of the public with disabilities
and older individuals (as defined in section 102(35)
of the Older Americans Act of 1965 (42 U.S.C.
3002(35))) are able to receive alerts and information
provided through the National Alert System;
(3) shall not interfere with existing alert, warn-
ing, priority access, or emergency communications
systems employed by Federal, State, tribal, or local
emergency response personnel and may utilize exist-
ing emergency alert technologies, including the NOAA
All-Hazards Radio System, digital and analog broad-
cast, cable, and satellite television and satellite and
terrestrial radio;
(4) shall not be based upon any single technology
or platform, but shall be designed to provide alerts to
the largest portion of the affected population feasible
and improve the ability of remote areas to receive
alerts;
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(5) shall incorporate technologies to alert effec-
tively underserved communities (as determined by the
Commission under section 608(a) of this title);
(6) when technologically feasible shall be capable
of providing information in languages other than,
and in addition to, English where necessary or ap-
propriate; and
(7) shall be designed to promote local and re-
gional public and private partnerships to enhance
community preparedness and response.
(d) RECEPTION OF ALERTS.—The National Alert Sys-
tem shall—
(1) utilize multiple technologies for providing
alerts to the public, including technologies that do not
require members of the public to activate a particular
device or use a particular technology to receive an
alert provided via the National Alert System; and
(2) provide redundant alert mechanisms where
practicable so as to reach the greatest number of peo-
ple regardless of whether they have access to, or uti-
lize, any specific medium of communication or any
particular device.
(e) EMERGENCY ALERT SYSTEM.—Within 1 year after
the date of enactment of this Act, the Federal Communica-
tions Commission shall—
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(1) ensure the President, Secretary of Homeland
Security, and State Governors have access to the
emergency alert system; and
(2) ensure that the Emergency Alert System can
transmit in languages other than English.
SEC. 603. IMPLEMENTATION AND USE.
(a) AUTHORITY TO ACCESS SYSTEM.—
(1) IN
GENERAL.—Within 180 days after the
date of enactment of this Act, the National Alert Of-
fice 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 and preserves access to existing alert,
warning, and emergency communications systems
pursuant to section 602(c)(3). The Office shall ap-
prove or disapprove a request for credentials within
60 days of request by the Federal department or agen-
cy, the governor of the State or the elected leader of
a federally recognized Indian tribe.
(2) REQUESTS FOR CREDENTIALS.—Requests for
credentials from Federal, State, tribal, and local gov-
ernment 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 Feder-
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ally recognized Indian tribe, concerned, for review
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 that
are consistent with the jurisdiction, authority,
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 of-
ficials 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.—
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(1) IN GENERAL.—Any alert transmitted via the
National Alert System, other than an alert described in
paragraph (3), shall meet 1 or more of the following re-
quirements:
(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.
(C) An alert shall advise individuals of
public addresses by Federal, State, tribal, or
local officials when related to a significant threat
to public safety and transmit such addresses
when practicable and technically feasible.
(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 di-
rector of the National Alert Office, in consultation
with the Working Group, shall by regulation
specify—
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(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 Na-
tional 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
(ii) when technologically feasible public
addresses by Federal, State, tribal, or local
officials related to a significant threat to
public safety.
(3) 
OPT-IN
PROCEDURES
FOR
OPTIONAL
ALERTS.—The director of the Office, in coordination
with the Working Group, may establish a procedure
under which licensees who elect to participate in the
National Alert System as described in subsection (d),
may transmit non-emergency information via the Na-
tional Alert System to individuals who request such
information.
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(c) ACCESS POINTS.—The National Alert System shall
provide—
(1) secure, widely dispersed multiple access
points to Federal, State, or local government officials
with credentials that will enable them to initiate
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 failures,
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
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
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transmission of National Alert System alerts, to
provide clear and conspicuous notice at the point
of sale of any devices with which its service is
included, that it will not transmit National
Alert System alerts via its service.
(2) ELECTION TO CARRY SERVICE.—
(A) IN GENERAL.—Within 30 days after the
Commission issues its order under paragraph
(1), each such licensee shall file an election with
the Commission with respect to whether or not it
intends to participate in the transmission of Na-
tional 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
Commission that it will participate in a manner
consistent with the standards and protocols im-
plemented by the National Alert Office.
(C) ADVERTISING.—Nothing in this title
shall be construed to prevent a licensee from ad-
vertising that it participates in the transmission
of National Alert System alerts.
(D) WITHDRAWAL FROM OR LATER ENTRY
INTO SYSTEM.—The Commission shall establish a
procedure—
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(i) for a participating licensee to with-
draw from the National Alert System upon
notification of its withdrawal to its existing
subscribers;
(ii) for a licensee to enter the National
Alert System at a date later than provided
in subparagraph (A); and
(iii) under which a subscriber may ter-
minate a subscription to service provided by
a licensee that withdraws from the National
Alert System without penalty or early ter-
mination fee.
(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 broad-
cast by the system other than an alert issued by
the President.
(3) EXPANSION OF CLASS OF LICENSEES PAR-
TICIPATING.—The Commission, in consultation with
the National Alert Office, may expand the class of li-
censees allowed to participate in the transmission of
National Alert System alerts subject to such require-
ments as the Commission, in consultation with the
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National Alert Office, determines to be necessary or
appropriate—
(A) to ensure the broadest feasible propaga-
tion of alerts transmitted by the National Alert
System to the public; and
(B) to ensure that the functionality, integ-
rity, and security of the National Alert System
is not compromised.
(e) DIGITAL TELEVISION TRANSMISSION TOWERS.—
(1) RETRANSMISSION
CAPABILITY.—Within 30
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 to require public broadcast television licensees
and permittees to install necessary equipment and
technologies on, or as part of, any broadcast television
digital signal transmitter to enable the transmitter to
serve as a backbone for the reception, relay, and re-
transmission of National Alert System alerts.
(2) COMPENSATION.—The National Alert Office
established by section 605 shall compensate any such
licensee or permittee for costs incurred in complying
with the requirements imposed pursuant to para-
graph (1).
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(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 title except to regulate compliance with this title
by licensees and permittees regulated by the Commission
under the Communications Act of 1934 (47 U.S.C. 151 et
seq.).
(g) LIMITATION OF LIABILITY.—Any person that par-
ticipates in the transmission of National Alert System
alerts and that meets its obligations under this title shall
not be liable to any subscriber to, or user of, such person’s
service or equipment for—
(1) any act or omission related to or any harm
resulting from the transmission of, or failure to trans-
mit, a National Alert System alert to such subscriber
or user; or
(2) for the release to a government agency or en-
tity, public safety, fire service, law enforcement offi-
cial, or emergency facility of subscriber information
used in connection with delivering an alert.
(h) TESTING.—The director shall establish testing cri-
teria and guidelines for licensees that elect to participate
in the transmission of National Alert System alerts.
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SEC. 604. COORDINATION WITH EXISTING PUBLIC ALERT
SYSTEMS AND AUTHORITY.
(a) EXISTING FEDERAL WARNING SYSTEM COORDINA-
TION.—The director shall work with the Federal Commu-
nications Commission, the National Oceanic and Atmos-
pheric Administration, and other relevant Federal agencies
to ensure that the National Alert System—
(1) complements, rather than duplicates, existing
Federal alert systems; and
(2) obtains the maximum benefit possible from
the utilization of existing research and development,
technologies, and processes developed for or utilized by
existing Federal alert systems.
(b) EXISTING ALERT AUTHORITY.—Nothing in this
title shall be construed—
(1) to interfere with the authority of a Federal,
State, or local government official under any other
provision of law to transmit public alerts via the
NOAA All-Hazards Radio System, digital and analog
broadcast, cable, and satellite television and satellite
and terrestrial radio, or any other emergency alert
system in existence on the date of enactment of this
Act;
(2) to require alerts transmitted under the au-
thority described in paragraph (1) to comply with
any standard established pursuant to section 603; or
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(3) to require any Federal, State, or local gov-
ernment official to obtain credentials or undergo
training under this title before transmitting alerts
under the authority described in paragraph (1).
SEC. 605. NATIONAL ALERT OFFICE.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The National Alert Office is
established within the Department of Homeland Secu-
rity.
(2) DIRECTOR.—The office shall be headed by a
director with at least 5 years’ operational experience
in the management and issuance of warnings and
alerts, hazardous event management, or disaster plan-
ning. The Director shall serve under and report to the
Secretary of Homeland Security or his designee.
(3) STAFF.—The office shall have a staff with
significant technical expertise in the communications
industry and emergency public communications. The
director may request the detailing 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 operation of
the National Alert System.
(b) FUNCTIONS AND RESPONSIBILITIES.—
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(1) IN GENERAL.—The Office shall administer,
operate, and manage the National Alert System estab-
lished under this title.
(2) IMPLEMENTATION OF WORKING GROUP REC-
OMMENDATIONS.—The Office shall be responsible for
implementing the recommendations of the Working
Group established by section 606 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
(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 government officials with credentials issued
by the National Alert Office under section 603 to
access and utilize the National Alert System;
(B) the National Alert System is capable of
providing geographically targeted alerts where
such alerts are appropriate;
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(C) the legitimacy and authenticity of any
proffered alert is verified before it is transmitted;
(D) each proffered alert complies with for-
mats, protocols, and other requirements estab-
lished 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 Na-
tional Alert System is maintained and protected.
(c) REPORTS.—
(1) ANNUAL REPORTS.—The director shall sub-
mit an annual report to the Senate Committee on
Commerce, Science, and Transportation, the Senate
Committee on Homeland Security and Governmental
Affairs, the House of Representatives Committee on
Homeland Security, the House of Representatives
Committee on Energy and Commerce, the House of
Representatives Committee on Science, and the House
of Representatives Committee on Transportation and
Infrastructure on the status of, and plans for, the Na-
tional Alert System. In the first annual report, the
director shall report on—
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(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 3 years after the
date of enactment of this Act and periodically there-
after and transmit the findings thereof to the Senate
Committee on Commerce, Science, and Transpor-
tation, the Senate Committee on Homeland Security
and Governmental Affairs, the House of Representa-
tives Committee on Homeland Security, the House of
Representatives Committee on Energy and Commerce,
the House of Representatives Committee on Science,
and the House of Representatives Committee on
Transportation and Infrastructure.
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(2) RESPONSE REPORT.—If, as a result of the
audit, the Comptroller General expresses concern
about any matter addressed by the audit, the director
of the National Alert Office shall transmit a report to
the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Homeland
Security and Governmental Affairs, the House of
Representatives Committee on Homeland Security,
the House of Representatives Committee on Energy
and Commerce, the House of Representatives Com-
mittee on Science, and the House of Representatives
Committee on Transportation and Infrastructure de-
scribing what action, if any, the director is taking to
respond to any such concern.
SEC. 606. 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 members
of the Working Group, the director shall ensure that
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the number of members appointed under paragraph
(5) provides appropriate and adequate representation
for all stakeholders and interested and affected par-
ties.
(2) FEDERAL AGENCY REPRESENTATIVES.—Ap-
propriate personnel from the National Institute of
Standards and Technology, the National Oceanic and
Atmospheric Administration, the Federal Commu-
nications Commission, the Federal Emergency Man-
agement Agency, the Nuclear Regulatory Commission,
the Department of Justice, the National Communica-
tions System, the National Telecommunications and
Information Administration, the Department of
Homeland Security’s Preparedness Directorate, the
United States Postal Service, and other appropriate
Federal agencies shall serve as members of the Work-
ing Group.
(3) STATE AND LOCAL GOVERNMENT REPRESENT-
ATIVES.—The director shall appoint representatives of
State and local governments and representatives of
emergency services personnel, selected from among in-
dividuals nominated by national organizations rep-
resenting such governments and personnel, to serve as
members of the Working Group.
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(4) TRIBAL GOVERNMENTS.—The director shall
appoint representatives from Federally recognized In-
dian tribes and National Indian organizations.
(5) SUBJECT MATTER EXPERTS..—The director
shall appoint individuals who have the requisite tech-
nical knowledge and expertise to serve on the Working
Group in the fulfillment of its duties, including rep-
resentatives of—
(A) communications service providers;
(B) vendors, developers, and manufacturers
of systems, facilities; equipment, and capabilities
for the provision of communications services;
(C) third-party service bureaus;
(D) technical experts from the broadcasting
industry;
(E) the national organization representing
the licensees and permittees of noncommercial
broadcast television stations;
(F) national organizations representing in-
dividuals with special needs; and
(G) other individuals with technical exper-
tise that would enhance the National Alert Sys-
tem.
(c) DUTIES OF THE WORKING GROUP.—
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(1) DEVELOPMENT
OF
SYSTEM-CRITICAL
REC-
OMMENDATIONS.—Within 1 year after the date of en-
actment of this Act, the Working Group shall develop
and transmit to the National Alert Office rec-
ommendations for—
(A) protocols, including formats, source or
originator identification, threat severity, hazard
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 title;
(F) standards for equipment and tech-
nologies used by the National Alert System;
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(G) guidelines for the transmission of Na-
tional System Alerts in languages in addition to
English, to the extent practicable; and
(H) guidelines for incorporating the Na-
tional Alert System into comprehensive emer-
gency planning standards for public alert and
notification and emergency public communica-
tions.
(2) INTEGRATION OF EMERGENCY AND NATIONAL
ALERT
SYSTEMS.—The Working Group shall work
with the operators of nuclear power plants and other
critical infrastructure facilities to integrate emer-
gency alert systems for those facilities with the Na-
tional Alert System.
(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.
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(e) RESOURCES.—
(1) FEDERAL AGENCIES.—The Working Group
shall have reasonable access to—
(A) materials, resources, data, and other in-
formation from the National Institute of Stand-
ards and Technology, the Department of Com-
merce and its agencies, the Department of Home-
land Security and its bureaus, and the Federal
Communications Commission; and
(B) the facilities of any such agency for
purposes of conducting meetings.
(2) GIFTS AND GRANTS.—The Working Group
may accept, use, and dispose of gifts or grants of serv-
ices 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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members of the Working Group and other subject mat-
ter experts as deemed necessary.
(3) ADDITIONAL
RULES.—The Working Group
may adopt other rules as needed.
(g) FEDERAL ADVISORY COMMITTEE ACT.—Neither
the Federal Advisory Committee Act (5 U.S.C. App.) nor
any rule, order, or regulation promulgated under that Act
shall apply to the Working Group.
SEC. 607. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—The Undersecretary of Homeland
Security for Science and Technology and the director joint-
ly shall establish an extramural research and development
program based on the recommendations of the Working
Group to support the development of technology that will
enable all existing and future providers of communications
services and all existing and future communications devices
to be utilized effectively with the National Alert System.
(b) FUNCTIONS.—In carrying out subsection (a) the
Undersecretary for Science and Technology and the director
shall—
(1) fund research and development which may
include academia, the private sector, and government
laboratories; and
(2) ensure that the program addresses, at a
minimum—
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(A) developing innovative technologies that
will transmit geographically targeted emergency
messages to the public;
(B) enhancing participation in the national
alert system;
(C) understanding and improving public
response to warnings; and
(D) enhancing the ability of local commu-
nities to integrate the National Alert System
into their overall operations management.
(c) USE OF EXISTING PROGRAMS AND RESOURCES.—
In developing the program, the Undersecretary for Science
and Technology shall utilize existing expertise of the De-
partment of Commerce, including the National Institute of
Standards and Technology.
SEC. 608. GRANT PROGRAM FOR REMOTE COMMUNITY
ALERT SYSTEMS.
(a) GRANT PROGRAM.—The Undersecretary of Com-
merce for Oceans and Atmosphere shall establish a program
under which grants may be made to provide for the installa-
tion of technologies in remote communities effectively
unserved by commercial mobile radio service (as determined
by the Federal Communications Commission within 180
days after the date of enactment of this Act) for the purpose
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of enabling residents of those communities to receive Na-
tional Alert System alerts.
(b) APPLICATIONS AND CONDITIONS.—In conducting
the program, the Undersecretary—
(1) shall establish a notification and application
procedure; and
(2) may establish such conditions, and require
such assurances, as may be appropriate to ensure the
efficiency and integrity of the grant program.
(c) SUNSET.—The Undersecretary may not make
grants under subsection (a) more than 5 years after the date
of enactment of this Act.
SEC. 609. PUBLIC FAMILIARIZATION, OUTREACH, AND RE-
SPONSE INSTRUCTIONS.
The director of the National Office, in consultation
with the Working Group, shall conduct a program of public
outreach to ensure that the public is aware of the National
Alert System and understands its capabilities and uses for
emergency preparedness and response. The program shall
incorporate multiple communications technologies and
methods, including inserts in packaging for wireless devices,
Internet websites, and the use of broadcast radio and tele-
vision Non-Commercial Sustaining Announcement Pro-
grams.
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SEC. 610. ESSENTIAL SERVICES DISASTER ASSISTANCE.
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is
amended by adding at the end the following:
‘‘SEC. 425. ESSENTIAL SERVICE PROVIDERS.
‘‘(a) DEFINITION.—In this section, the term ‘essential
service provider’ means an entity that—
‘‘(1) provides—
‘‘(A) telecommunications service;
‘‘(B) electrical power;
‘‘(C) natural gas;
‘‘(D) water and sewer services; or
‘‘(E) any other essential service, as deter-
mined by the President;
‘‘(2) is—
‘‘(A) a municipal entity;
‘‘(B) a nonprofit entity; or
‘‘(C) a private, for-profit entity; and
‘‘(3) is contributing to efforts to respond to an
emergency or major disaster.
‘‘(b) AUTHORIZATION.—In an emergency or major dis-
aster, the President may use Federal equipment, supplies,
facilities, personnel, and other non-monetary resources to
assist an essential service provider, in exchange for reason-
able compensation.
‘‘(c) COMPENSATION.—
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‘‘(1) IN GENERAL.—The President shall, by regu-
lation, establish a mechanism to set reasonable com-
pensation to the Federal Government for the provision
of assistance under subsection (b).
‘‘(2) CRITERIA.—The mechanism established
under paragraph (1)—
‘‘(A) shall reflect the cost to the government
(or if this is not readily obtainable, the full mar-
ket value under the applicable circumstances) for
assistance provided under subsection (b) in set-
ting compensation;
‘‘(B) shall have, to the maximum degree fea-
sible, streamlined procedures for determining
compensation; and
‘‘(C) may, at the President’s discretion, be
based on a good faith estimate of cost to the gov-
ernment rather than an actual accounting of
costs.
‘‘(3) PERIODIC REVIEW.—The President shall pe-
riodically review, and if necessary revise, the regula-
tions established pursuant to paragraphs (1) and (2)
to ensure that these regulations result in full com-
pensation to the government for transferred resources.
Such reviews shall occur no less frequently than once
every 2 years, and the results of such reviews shall be
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reported to the House Transportation and Infrastruc-
ture Committee and the Senate Homeland Security
and Governmental Affairs Committee.’’.
SEC. 611. DEFINITIONS.
In this title:
(1) DIRECTOR.—The term ‘‘director’’ means the
director of the National Alert Office.
(2) OFFICE.—The term ‘‘Office’’ means the Na-
tional Alert Office established by section 605.
(3) NATIONAL ALERT SYSTEM.—The term ‘‘Na-
tional Alert System’’ means the National Alert Sys-
tem established by section 602.
(4) NOAA.—The term ‘‘NOAA’’ means the Na-
tional Oceanic and Atmospheric Administration.
(5) NON-COMMERCIAL
SUSTAINING
ANNOUNCE-
MENT PROGRAM.—The term ‘‘Non-Commercial Sus-
taining Announcement Program’’ means a radio and
television campaign conducted for the benefit of a
nonprofit organization or government agency using
unsold commercial air time donated by participating
broadcast stations for use in such campaigns, and for
which the campaign’s sponsoring organization or
agency funds the cost of underwriting programs that
serve the public convenience, interest, and necessity,
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as described in section 307 of the Communications
Act of 1934 (47 U.S.C. 307).
(6) WORKING
GROUP.—The term ‘‘Working
Group’’ means the National Alert System Working
Group on the established under section 606.
SEC. 612. SAVINGS CLAUSE.
Nothing in this title shall interfere with or supersede
the authorities, missions, programs, operations, or activities
of the Federal Communications Commission or the Depart-
ment of Commerce, including those of the National Oceanic
and Atmospheric Administration, the National Institute of
Standards and Technology, and the National Telecommuni-
cations and Information Administration.
SEC. 613. FUNDING.
Funding for this title shall be provided from the Dig-
ital Transition and Public Safety Fund in accordance with
section 3010 of the Digital Television Transition and Pub-
lic Safety Act of 2005 (47 U.S.C. 309 note).
TITLE VII—MASS TRANSIT
SECURITY
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Public Transportation
Terrorism Prevention Act of 2006’’.
SEC. 702. FINDINGS.
Congress finds that—
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(1) public transportation systems throughout the
world have been a primary target of terrorist attacks,
causing countless death and injuries;
(2) 5,800 public transportation agencies operate
in the United States;
(3) 14,000,000 people in the United States ride
public transportation each work day;
(4) safe and secure public transportation systems
are essential for the Nation’s economy and for signifi-
cant national and international public events;
(5) the Federal Transit Administration has in-
vested $74,900,000,000 since 1992 for construction
and improvements to the Nation’s public transpor-
tation systems;
(6) the Federal Government appropriately in-
vested $18,100,000,000 in fiscal years 2002 through
2005 to protect our Nation’s aviation system and its
1,800,000 daily passengers;
(7) the Federal Government has allocated
$250,000,000 in fiscal years 2003 through 2005 to
protect public transportation systems in the United
States;
(8) the Federal Government has invested $7.38
in aviation security improvements per passenger, but