Civil Defense Accountability Act of 2018
This bill directs the Department of Defense (DOD), in coordination with the Federal Communications Commission (FCC) and the Department of Homeland Security (DHS), to report to Congress regarding current notification protocols for ballistic missile threats.
The Federal Emergency Management Agency (FEMA) must conduct, and report on, a study to identify best practices of at least 13 states, including Hawaii, Alaska, California, Washington, and other states bordering or not bordering on an ocean or the Gulf of Mexico, regarding civil defense emergencies.
The bill requires key officials (defined to include the heads of DOD, FEMA, and the FCC) to submit to Congress and make publicly available unclassified reports on the actions of their respective departments or agencies regarding the ballistic missile false alarm that occurred on January 13, 2018, in Hawaii. Each report shall include recommendations for corrective actions to diminish the possibility of another ballistic missile false alarm.
The Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services (HHS) must submit to Congress and publish online a report regarding the ability of HHS and health care providers to respond to attacks in the United States with biological, chemical, radiological, or nuclear weapons. HHS must (1) develop and implement a public outreach program in coordination with state and local governments regarding recommendations in such report for improving readiness in responding to such attacks, and (2) consider the report's recommendations when issuing grants under the Public Health Emergency Preparedness cooperative agreement and the Hospital Preparedness Program.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4949 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4949
To direct the Secretary of Homeland Security, the Secretary of Defense,
the Secretary of Health and Human Services, and the Director of the
Federal Communications Commission to take certain actions regarding
civil defense related to the growing ballistic missile threat and the
communications errors in Hawaii on January 13, 2018, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2018
Ms. Gabbard (for herself, Mr. Young of Alaska, and Ms. Hanabusa)
introduced the following bill; which was referred to the Committee on
Armed Services, and in addition to the Committees on Transportation and
Infrastructure, and Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Homeland Security, the Secretary of Defense,
the Secretary of Health and Human Services, and the Director of the
Federal Communications Commission to take certain actions regarding
civil defense related to the growing ballistic missile threat and the
communications errors in Hawaii on January 13, 2018, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Defense Accountability Act of
2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 13, 2018, a ballistic missile alert reading:
``BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE
SHELTER. THIS IS NOT A DRILL'' was sent in error to individuals
in the State of Hawaii, and was not corrected for 38 minutes,
traumatizing Hawaii residents and visitors.
(2) The National Security Strategy of the President, dated
December 18, 2017, noted the following:
(A) ``As missiles grow in numbers, types, and
effectiveness, to include those with greater ranges,
they are the most likely means for states like North
Korea to use a nuclear weapon against the United
States.''.
(B) North Korea ``has spent hundreds of millions of
dollars on nuclear, chemical, and biological weapons
that could threaten our homeland''.
(C) ``North Korea seeks the capability to kill
millions of Americans with nuclear weapons.''.
(3) Due to the heightened threat level of conflict with
North Korea, the State of Hawaii has begun to implement monthly
outdoor warning siren system tests for the first time since the
end of the Cold War.
(4) According to the Hawaii Emergency Management Agency, a
North Korean ballistic missile would reach Hawaii approximately
20 minutes after launch.
(5) According to the Missile Defense Agency,
``sophisticated ballistic missile technology is available on a
wider scale than ever to countries hostile to the U.S. and our
allies. As those countries continue to develop and exchange
this technology, there is also an increasing threat of those
technologies falling into the hands of hostile non-state
groups.''.
SEC. 3. REPORT REGARDING BALLISTIC MISSILE CIVIL DEFENSE NOTIFICATION
PROTOCOLS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Director of the Federal Communications Commission and the Secretary
of Homeland Security, shall submit to Congress a report regarding
current notification protocols regarding ballistic missile threats.
Such report shall include assessments of notifications required under
Federal law or regulations--
(1) after a ballistic missile threat is identified,
including notifications to Federal and State entities;
(2) during a ballistic missile threat, including
communications between Federal and State entities; and
(3) regarding ballistic missile impact warnings to Federal
and State entities and the general public.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 4. CIVIL DEFENSE EMERGENCY BEST PRACTICES.
(a) Study.--(1) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Federal Emergency Management Agency, shall conduct a study
to identify best practices of the States selected under paragraph (2)
regarding civil defense emergencies. Such study shall identify the
following:
(A) Plans of each State regarding communications
between State, local, and Federal entities before,
during, and after a civil defense emergency.
(B) Plans of each State to communicate with
residents before, during, and after a civil defense
emergency.
(C) Plans of each State to educate residents
regarding civil defense emergencies.
(D) Security plans of each State and local law
enforcement agencies of each State regarding civil
defense emergencies.
(E) Contingency plans of each State to deliver aid,
food, water, and temporary shelter in a civil defense
emergency.
(2) The Secretary of Homeland Security shall select not fewer than
13 States to participate in the study under this subsection,
including--
(A) Hawaii, Alaska, California, and Washington;
(B) not fewer than five other States that border on an
ocean or the Gulf of Mexico; and
(C) not fewer than five other States that do not so border
an ocean or the Gulf of Mexico.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report regarding the following:
(A) The study under subsection (a).
(B) Deficiencies identified by the Secretary in
existing State practices regarding civil defense
emergencies.
(C) Best practices identified by the Secretary
regarding civil defense emergencies.
(D) Best modes and methods used to provide public
instructions once a civil defense emergency is
declared.
(E) Plans of the Secretary to improve outreach to
the general public regarding civil defense emergencies.
(2) Form.--The report required under this subsection shall
be submitted in unclassified form, but may contain a classified
annex.
(3) Dissemination to the states.--Not later than 270 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall disseminate the unclassified portions
of the report required under this subsection to the chief
executive of each State.
SEC. 5. INCIDENT REPORTS REGARDING THE BALLISTIC MISSILE FALSE ALARM
THAT OCCURRED ON JANUARY 13, 2018.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, each key official shall submit to Congress an
unclassified report, with a classified annex if necessary, regarding
the actions of the respective Federal department or agency of the key
official with respect to the ballistic missile false alarm that
occurred on January 13, 2018, in the State of Hawaii. Each report under
this section shall include recommendations of the key official who
submits each such report regarding corrective actions that such key
official determines will diminish the possibility of another ballistic
missile false alarm.
(b) Publication.--Each key official who submits a report under
subsection (a) shall publish on a publicly available website of the
respective Federal department or agency of each such key official the
unclassified portion of each such report.
(c) Key Official Defined.--In this section, the term ``key
official'' includes--
(1) the Secretary of Defense;
(2) the Administrator of the Federal Emergency Management
Agency; and
(3) the Director of the Federal Communications Commission.
SEC. 6. PUBLIC HEALTH RECOMMENDATIONS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services,
acting through the Office of the Assistant Secretary for Preparedness
and Response of the Department of Health and Human Services, shall
submit to Congress and publish online a report regarding the ability of
the Department and health care providers to respond to attacks in the
United States with biological, chemical, radiological, or nuclear
weapons. The report under this section shall include the following:
(1) Assessments of current readiness of the Department and
health care providers to respond to such attacks.
(2) Recommendations to Congress and to health care
providers that the Secretary determines will improve readiness
described in paragraph (1).
(b) Outreach.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
develop and implement a public outreach program in coordination with
State and local government entities regarding recommendations contained
in the report required under subsection (a).
(c) Grants.--The Secretary of Health and Human Services shall take
into consideration the recommendations in the report required under
subsection (a) when issuing grants under the Public Health Emergency
Preparedness cooperative agreement and the Hospital Preparedness
Program.
SEC. 7. DEFINITION.
In this Act, the term ``State'' means each of the several States of
the United States, the District of Columbia, and any territory,
commonwealth, or possession of the United States.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Strategic Forces.
Referred to the Subcommittee on Communications and Technology.
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