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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Transparency and Honesty in Energy
Regulations Act of 2016''.

SEC. 2. FINDINGS.

Congress finds the following--
(1) As a tool to justify Federal actions by the Department
of Energy and the Environmental Protection Agency (hereinafter
in this section referred to as the ''EPA'') addressing
greenhouse gas emissions, including those regulating or
prohibiting the exploration, mining, production, and use of
coal as well as other fossil fuels as energy sources, the
Social Cost of Carbon (hereinafter in this section referred to
as the ''SCC'') and the Social Cost of Methane (hereinafter in
this section referred to as the ''SCM'') in theory represent
the hypothetical cost of an incremental ton of carbon dioxide
(CO<INF>2</INF>) or methane emissions in a given year.
(2) Office of Management and Budget (hereinafter in this
section referred to as the ''OMB'') Circular A-4 guides Federal
agencies on the development of regulatory impact analysis
required under Executive Order 12866 as well as other
authorities, instructing agencies to include discount rates of
3 and 7 percent while also evaluating the cost and benefits
that accrue to citizens and residents of the United States.
(3) First developed in 2009 by an interagency working
group, including the Department of Energy and the EPA, the SCC
estimates fail to comply with OMB Circular A-4 prescribed
discount rates of 3 and 7 percent.
(4) While OMB Circular A-4 specifies that an evaluation of
the global effects, when undertaken, is to be reported
separately from domestic costs and benefits, the SCC instead
calculated the global benefits in lieu of and not in addition
to the domestic effects.
(5) The use of the SCC estimates in Department of Energy
and EPA rulemakings prior to any opportunity for public notice
and comment violated not only scientific peer-review
requirements but also the President's commitment to transparent
and open government as outlined in his January 21, 2009,
memorandum to the heads of executive departments and agencies.
(6) In July 2015, as part of a revision of the SCC in
response to over 150 substantive comments and in acknowledgment
of the faulty process by which the SCC estimates were
developed, the OMB requested the National Academies of Science,
Engineering and Medicine (hereinafter in this section referred
to as the ''NAS'') review and make recommendations for the
improvement of the SCC estimates.
(7) Shortly after the commencement of the NAS review, the
EPA, without appropriate peer review and an opportunity for
public notice and comment, utilized the EPA-developed SCM
estimates in justifying the costs and benefits of the September
2015 proposed and recently finalized rules under the Clean Air
Act for methane emissions from new, modified, and reconstructed
sources in the oil and gas sector.
(8) Continued use by the Department of Energy and the EPA
of the SCC and the SCM ignores sound science in order to
eliminate the exploration, mining, production, and use of our
abundant domestic sources of fossil fuel energy.
(9) The Department of Energy and EPA regulations, which are
costing American families billions of dollars per year, are
being justified in large part by SCC and SCM estimates.

SEC. 3. PROHIBITION ON CONSIDERING THE SOCIAL COST OF CARBON AND THE
SOCIAL COST OF METHANE.

The Secretary of Energy, when acting under any authority, and the
Administrator of the Environmental Protection Agency, when acting under
the authority of the Clean Air Act (42 U.S.C. 7401 et seq.), may not
consider the social cost of carbon or the social cost of methane as
part of any cost benefit analysis required under law or under Executive
Order 12866 or 13563, in any rulemaking, in the issuance of any
guidance, or in taking any other agency action, or as a justification
for any rulemaking, guidance document, or agency action, unless a
Federal law is enacted, after the date of enactment of this Act,
explicitly authorizing such consideration.

SEC. 4. REPORT OF THE ADMINISTRATOR OF THE EPA.

Not later than 120 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency, in
coordination and consultation with the Secretary of Energy, the
Secretary of the Interior, and the Council on Environmental Quality
shall submit a report to the Committees on Energy and Commerce and on
Natural Resources of the House of Representatives and the Committees on
the Environment and Public Works and on Energy and Natural Resources of
the Senate, detailing the number of proposed and final rulemakings,
guidance documents, and agency actions since January 2009 that use the
social cost of carbon or the social cost of methane, including as part
of any cost benefit analysis required under Executive Order 12866 and
other relevant authorities.

SEC. 5. DEFINITIONS.

In this Act:
(1) The term ''social cost of carbon'' means--
(A) the social cost of carbon as described in--
(i) the document entitled ''Technical
Support Document: Social Cost of Carbon for
Regulatory Impact Analysis Under Executive
Order 12866'' published by the Interagency
Working Group on Social Cost of Carbon, United
States Government, in February 2010; or
(ii) the document entitled ''Technical
Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact
Analysis Under Executive Order 12866''
published by the Interagency Working Group on
Social Cost of Carbon, United States
Government, in May 2013, and revised in
November 2013 and July 2015, or any other
successor or substantially related document; or
(B) any other estimate of the monetized damages
associated with an incremental increase in carbon
dioxide emissions in a given year.
(2) The term ''social cost of methane'' means the estimate
of the social cost of methane--
(A) as described in--
(i) the proposed rule entitled ''Oil and
Natural Gas Sector: Emission Standards for New
and Modified Sources'' published by the
Environmental Protection Agency in the Federal
Register on September 18, 2015 (80 Fed. Reg.
56593);
(ii) the final rule entitled ''Oil and
Natural Gas Sector: Emission Standards for New,
Reconstructed, and Modified Sources'' published
by the Environmental Protection Agency in the
Federal Register on June 3, 2016 (81 Fed. Reg.
35824); or
(iii) the ''Regulatory Impact Analysis of
the Final Oil and Natural Gas Sector: Emission
Standards for New, Reconstructed, and Modified
Sources'' prepared by the Environmental
Protection Agency, Office of Air and Radiation,
in May 2016, and identified by docket ID number
EPA-HQ-OAR-2010-0505-7630; or
(B) any other successor or substantially related
estimate.
Transparency and Honesty in Energy Regulations Act of 2016 This bill prohibits the Department of Energy and the Environmental Protection Agency (EPA) from considering the social cost of carbon or methane as part of any cost benefit analysis, unless a federal law is enacted authorizing such consideration. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use either of those social costs, including as part of any cost benefit analysis required under Executive Order 12866 and other relevant authorities.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Spacefaring Priorities for America's
Continued Exploration Act'' or the ''SPACE Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Russia is not a reliable partner.--(A) Unless Space
Shuttle operations are extended beyond 2010, the United States
will be heavily reliant on Russia to supply crew and possibly
cargo transport services to the International Space Station
during the gap period of 2010 through 2015. There will be no
other way to fly our astronauts into space during this period.
(B) The United States should not increase its reliance on
Russia to transport American astronauts into space, given the
increasingly divergent views and posturing from Russia. Russia
opposes the United States plan to base an antimissile radar
system in the Czech Republic and interceptor missiles in Poland
to deal with the threat posed by the Iranian nuclear weapons
and missile programs. Russia also suspended its participation
in the Conventional Forces in Europe (CFE) treaty, one of the
most significant arms control agreements of the Cold War years.
Additionally, Russia continues to arm some of America's most
hostile adversaries, Iran and Venezuela. Despite United States
objections, Russia sold billions of dollars worth of weapons to
the regime of Hugo Chavez in 2006. Such meddling is a possible
violation of the Monroe Doctrine and a throwback to the Cold
War era. Even more troublesome is the Russian history of
weapons trading with Iran. Russia has supplied advanced
conventional arms technology, missile technology, and nuclear
technologies to this very anti-American regime.
(2) Russia has abused past nasa cooperation agreements.--
(A) In the late 1990s, Russia fell short in fulfilling its
commitment to the International Space Station.
(B) The National Aeronautics and Space Administration (in
this Act referred to as ''NASA'') was forced to transfer
hundreds of millions of dollars to enable the Russians to
complete the critical Space Station service module Zvezda,
without which the International Space Station could not
operate.
(C) Russia delayed completion of the Zvezda service module
for several years. Under the International Space Station
agreement, the Russian government had committed to fund as well
as build the Zvezda service module. Subsequent transfers from
the United States, in order to complete the module, reflect
serious Russian mismanagement in the field of space.
(D) In 2000, while Russia was failing to meet its
commitment to the International Space Station, Russia was
diverting financial and human resources away from fulfilling
its International Space Station commitments in order to keep
the Russian's Mir Space Station aloft.
(E) Russia's past shortcomings in fulfilling commitments to
its international space partners should serve as a warning to
the United States as we consider increased reliance on Russian
space services in the future. It is not prudent for the United
States to depend on Russia for access to space given our past
experience with this relationship.
(3) American space science should not be dependent on
russian support.--(A) The United States has already invested
billions of dollars in the International Space Station program
since its inception.
(B) There is much research of great value being conducted
in space, and on the International Space Station, that may
yield tremendous gains. Research being conducted on the
International Space Station may help scientists back on Earth
develop medicines to treat diseases and help us better
understand the Earth's climate. Many scientists believe that
the microgravity environment of space will enable the
development of new drugs, vaccines, and other therapies.
Equipment on the International Space Station will monitor
stratospheric gases, and investigate ozone chemistry.
(4) The united states must have assured access to space.--
(A) To ensure that the United States realizes the dividends
from the considerable investment we have made in the
International Space Station, we need to ensure continued access
to space for our astronauts. However, NASA's plan for transport
of crew to and from the International Space Station fails to
provide necessary redundancies to provide assured access to
space.
(B) NASA anticipates that the Russian Soyuz spacecraft will
be the only vehicle for astronaut crew rotation to the
International Space Station after 2010. From 2011 until the
planned operation of Orion in 2015, NASA likely has no other
option for transporting American astronauts to space other than
on Russian vehicles.
(C) NASA has conceded that without the Space Shuttle, it
will be unable to transport the Alpha Magnetic Spectrometer
(AMS) to the International Space Station. Scientists involved
in the development of the AMS acknowledge that it will enhance
scientific discoveries. While the AMS has cost over
$1,500,000,000 to develop and build, NASA has stated that the
remaining Space Shuttle manifest does not allow for transport
of the AMS and that it will not be an option to retrofit
another launch vehicle in order to fly it into space. Only by
extending Space Shuttle operations beyond 2010 will NASA be
able to transport the AMS to the International Space Station.
As long as the AMS meets all required standards to verify its
validity and justify its transport on the Space Shuttle, NASA
should fulfill its obligation to the Department of Energy and
our international partners.
(D) In addition, the Japanese Centrifuge Accommodation
Module, which can only fly to the International Space Station
on the Space Shuttle, will also be unable to reach the Space
Station absent extending Space Shuttle operations.
(5) A better approach.--(A) Due to NASA's lack of a backup
plan for reliance on the Russians for transport of American
astronauts to space, the United States needs a better approach.
The best approach is the Space Shuttle, a proven, domestic
source of space transport for assured access to space,
including the International Space Station, for crew and cargo
transport.
(B) With 2 Shuttle missions per year during the human
spaceflight program flight gap between Shuttle and Orion,
currently scheduled from 2010 through 2015, we can replace our
need to rely on the Russians for crew rotation for the
International Space Station.
(C) Savings from replacing Russian transport services to
the International Space Station with the Space Shuttle would
pay for a portion of the costs for flying 2 Space Shuttle
missions per year.
(D) Only by closing the gap between 2010 and 2015, or until
the Orion is operational, will our Nation be able to keep our
Nation's highly skilled and critically important spaceworkers
and engineers gainfully employed, and mitigate the loss of
critical skills.
(E) By extending Space Shuttle operations, NASA may realize
considerable savings by no longer having to pay retention
bonuses to critical space workers. But retention bonuses would
not be the only added costs associated with the end of Space
Shuttle operations when critical skilled workers leave NASA or
its contractors. Recruitment incentives for new workers and
contract cost increases could also be incurred by NASA since
the majority of the Kennedy Space Center's workforce are
contractors.
(F) The success of the Constellation program will depend on
having the most skilled and experienced workforce possible. The
workforce gap, as currently envisioned by NASA, will jeopardize
this. NASA has acknowledged that thousands of critical space
workers will lose their jobs in the transition from the Space
Shuttle to the Constellation program. Continued operation of
the Space Shuttle, but on a reduced flight requirement, while
also integrating these workers into the Orion program, is the
best way to retain many of these critical workers and skill
sets.
(G) An August 2007 study by the Government Accountability
Office, ''NASA Progress Made on Strategic Human Capital
Management, but Future Program Challenges Remain,'' stated that
''the agency as a whole faces challenges in recruiting and
retaining highly experienced senior-level engineers in certain
specialties. NASA's principal workforce challenge will be faced
in the transition to the next generation of human space flight
systems.''.
(H) This Act authorizes for NASA additional funding under
section 4 to fully restore the appropriation shortfalls in
fiscal years 2007 and 2008 compared to the funds that were
authorized for NASA. An additional $1,000,000,000 is authorized
in section 4(b) to reimburse NASA for the costs incurred by
NASA from the Space Shuttle return-to-flight efforts following
the Space Shuttle Columbia disaster.

SEC. 3. PROHIBITION ON USE OF RUSSIAN SPACE SERVICES.

NASA shall not rely solely on the Russian government for astronaut
transport or cargo resupply services. This prohibition does not apply
to the current Soyuz emergency escape services for astronauts on the
International Space Station.

SEC. 4. ADDITIONAL FUNDING FOR NASA.

(a) Additional Authorization for Fiscal Year 2007 Shortfall.--There
are authorized to be appropriated to NASA $1,648,000,000, 41.6 percent
of which shall be for Exploration Systems, and 28.7 percent of which
shall be available for Space Operations.
(b) Columbia Return-to-Flight.--There are authorized to be
appropriated to NASA $1,000,000,000 for emergency funding to reimburse
for Columbia return-to-flight costs, of which the Exploration Systems
and Space Operations Accounts shall receive funding at the rate
proportional to the amounts used to pay the costs associated with the
Space Shuttle return-to-flight efforts.
(c) Additional Authorization for Fiscal Year 2008 Shortfall.--There
are authorized to be appropriated to NASA $1,064,000,000, 41.7 percent
of which shall be for Exploration Systems.
(d) Preservation of Funding for Programs.--NASA shall not take any
funding from its Exploration Systems account or the Constellation
program in order to fund the continued operation of the Space Shuttle
program as required in this Act.

SEC. 5. EXTENDING SPACE SHUTTLE OPERATIONS.

(a) Use of Space Shuttle for Access to Space.--NASA shall fly at
least 2 Space Shuttle missions per year for crew transport, instead of
Russian crew and cargo services, for the period of 2010 through 2015,
or until Orion is operational. There are authorized to be appropriated
to NASA such sums as may be necessary, in addition to amounts otherwise
authorized, to carry out this subsection, including for the production
of more external tanks as may be needed.
(b) Insufficient Funding.--Except as provided under subsection (c),
the requirements of this Act shall have effect only to the extent that
sufficient funding is appropriated, as authorized under subsection (a).
Sufficient funding is defined as funds required to fully or partially
comply with the requirements of this Act.
(c) Report to Congress.--NASA shall report to Congress not later
than 90 days after the date of enactment of this Act on the specific
costs and actions needed to extend the operation of the Space Shuttle
in accordance with this Act.
(d) Operational Efficiencies.--As soon as possible, but no later
than March 31, 2011, NASA shall investigate areas of reduced operations
and enhanced cost savings and implement those that do not impinge the
safe operation of the Space Shuttle program, including the following:
(1) The possible retirement of one Space Shuttle orbiter,
leaving 2 to remain operational, in a manner that ensures the
safe operation of the Space Shuttle program.
(2) Significantly reducing changes to the design of the
Space Shuttle orbiters, in a manner that ensures the safe
operation of the Space Shuttle program. This shall include
changes to the Space Shuttle software systems.
(3) Significantly reducing Space Shuttle orbiter
configuration operations and payload configuration operations,
in a manner that ensures the safe operation of the Space
Shuttle program.
(4) Maximizing the use of shared personnel between the
continued operation of the Space Shuttle and Constellation and
other NASA programs.
(e) Facilities.--If conflicts arise in NASA's efforts to allocate
facilities, personnel, and other resources in order to fly the Space
Shuttle as well as continue the development of Constellation, then NASA
shall identify in a report to Congress in advance such conflicts, along
with recommendations as to how they can be mitigated.

SEC. 6. SHUTTLE RECERTIFICATION.

Not later than 6 months after the date of enactment of this Act,
NASA shall define achievable and attainable requirements for operation
of the Space Shuttle program beyond 2010, as recommended by the
Columbia Accident Investigation Board. NASA shall transmit these
requirements to Congress in the form of a report. NASA shall then
immediately begin the process of satisfying these requirements and
shall satisfy all requirements no later than March 31, 2010.
Spacefaring Priorities for America's Continued Exploration Act or SPACE Act - Prohibits the National Aeronautics and Space Administration (NASA) from relying solely on the Russian government for astronaut transport or cargo resupply services, except for the current Soyuz emergency escape services for astronauts on the International Space Station.

Authorizes appropriations to NASA for: (1) exploration systems; and (2) emergency funding for Columbia return-to-flight costs.

Requires NASA to fly at least two space shuttle missions per year for crew transport, instead of Russian crew and cargo services, for the period 2010-2015, or until Orion is operational. Authorizes appropriations to carry out such operations. Requires NASA to report to Congress on the specific costs and actions needed to extend the operation of the space shuttle.

Requires NASA, by March 31, 2011, to investigate areas of reduced operations and enhanced cost savings and implement those that do not impinge on the safe operation of the space shuttle program.

Directs NASA to define achievable and attainable requirements for the operation of such program beyond 2010, as recommended by the Columbia Accident Investigation Board. Requires: (1) NASA to report to Congress on such requirements; and (2) NASA to immediately begin satisfying those requirements and to satisfy all of them by March 31, 2010.

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.
First Response Broadcasters Act of 2007 - Authorizes appropriations to the Administrator of the Federal Emergency Management Agency (FEMA) for facility and equipment expenses to construct an additional 25 Primary Entry Point stations (radio broadcast stations designated to provide public information following emergencies where there is no commercial power) in the continental United States and territories.

Directs the Secretary of Homeland Security to establish a pilot program, the Broadcast Disaster Preparedness Grant Program, under which the Administrator may make grants to first response broadcasters. Sets forth provisions regarding priorities in making grants, use of funds, the federal share, and termination of grant authority.

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) include specified assistance to first response broadcasters among the essential assistance that federal agencies may provide to meet immediate threats to life and property resulting from a major disaster; (2) prohibit a federal officer or employee from confiscating fuel, water, or food from such a broadcaster during a disaster if that broadcaster documents that such supplies will be used to enable the broadcast of essential disaster-related public information in the affected area; and (3) direct the head of a federal agency to allow access to the area affected by a major disaster for technical personnel, broadcast engineers, and equipment needed to restore, repair, or resupply any facility or equipment critical to such a broadcaster's ability to continue to acquire, produce, and transmit essential disaster-related public information, subject to specified limitations. Establishes guidelines for press access to a disaster area.