IB 

Union Calendar No. 496 

112TH CONGRESS 

2D SESSION H. R. 3563 

[Report No. 112–685, Part I] 

To amend the Homeland Security Act of 2002 to direct the Secretary of 

Homeland Security to modernize and implement the national integrated 

public alert and warning system to disseminate homeland security information and other information, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2011 

Mr. BILIRAKIS (for himself and Ms. RICHARDSON) introduced the following 

bill; which was referred to the Committee on Homeland Security, and in 

addition to the Committee on Transportation and Infrastructure, 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 

SEPTEMBER 20, 2012 

Additional sponsor: Mr. CASSIDY

SEPTEMBER 20, 2012 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 20, 2012 

The Committee on Transportation and Infrastructure discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on December 6, 2011] 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 3563 RH

A BILL 

To amend the Homeland Security Act of 2002 to direct 

the Secretary of Homeland Security to modernize and 

implement the national integrated public alert and warning system to disseminate homeland security information 

and other information, and for other purposes. 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•HR 3563 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Integrated Public Alert 

5 and Warning System Modernization Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) numerous proven and tested technologies exist 

9 to enable the Federal Government to enhance its dis10 semination of public alerts and warnings; 

11 (2) the expected benefits of these enhancements 

12 include— 

13 (A) greater security, reliability, and redun14 dancy of the Federal Government’s alert and 

15 warning capabilities; 

16 (B) rapid alert dissemination; 

17 (C) an improved ability to notify remote lo18 cations; 

19 (D) the ability to geographically target and 

20 deliver alerts and warnings through multiple 

21 communication modes; and 

22 (E) the ability to permit homeland security 

23 grants to be utilized for the purposes of modern24 izing public alert and warning systems; 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•HR 3563 RH

1 (3) there is a need to test the viability of deliv2 ering messages through diverse communications modes 

3 to effectively alert and warn the public; 

4 (4) there is a need to modernize and improve the 

5 ability of the Federal Government to provide residents 

6 of the United States with timely and effective warn7 ings; and 

8 (5) although significant Federal integration ef9 forts are underway, the aggregation, dissemination, 

10 and reporting system necessary for effective public 

11 alert and warning will require an integrated national 

12 network for reliable, secure, and authentic dissemina13 tion of emergency alerts and warnings by Federal, 

14 State, local, and tribal entities that are authorized to 

15 issue alerts to the public. 

16 SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARN17 ING SYSTEM MODERNIZATION. 

18 (a) IN GENERAL.— 

19 (1) AMENDMENT.—Title V of the Homeland Se20 curity Act of 2002 (6 U.S.C. 311 et seq.) is amended 

21 by adding at the end of the following new section: 

22 ‘‘SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND 

23 WARNING SYSTEM MODERNIZATION. 

24 ‘‘(a) IN GENERAL.—In order to provide timely and ef25 fective warnings and disseminate homeland security inforVerDate Mar 15 2010 00:52 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3563.RH H3563

pwalker on DSK7TPTVN1PROD with BILLS
5 

•HR 3563 RH

1 mation and other information, the Secretary shall, consid2 ering the recommendations of the advisory committee estab3 lished under subsection (d), modernize and implement the 

4 national integrated public alert and warning system (in 

5 this section referred to as ‘the public alert and warning sys6 tem’). 

7 ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In carrying 

8 out subsection (a), the Secretary shall— 

9 ‘‘(1) establish or adapt, as appropriate, common 

10 alerting and warning protocols, standards, termi11 nology, and operating procedures for the public alert 

12 and warning system; 

13 ‘‘(2) include in the public alert and warning sys14 tem the capability to adapt the dissemination of 

15 homeland security information and other information 

16 and the content of communications on the basis of ge17 ographic location, risks, or personal user preferences, 

18 as appropriate; 

19 ‘‘(3) include in the public alert and warning sys20 tem the capability to alert, warn, and provide the 

21 equivalent amount of information to individuals with 

22 disabilities and access and functional needs; 

23 ‘‘(4) ensure the conduct of training, tests, and ex24 ercises for the public alert and warning system, and 

25 that the system is incorporated into other training 


pwalker on DSK7TPTVN1PROD with BILLS
6 

•HR 3563 RH

1 and exercise programs of the Department, as appro2 priate; 

3 ‘‘(5) ensure that ongoing training, integrated 

4 into the National Incident Management System, for 

5 receiving and disseminating public alert and warning 

6 system messages utilizing advanced technologies is 

7 provided to State, local, tribal, and other homeland 

8 security stakeholders involved in the transmission of 

9 such messages; 

10 ‘‘(6) ensure that the public alert and warning 

11 system uses the National Terrorism Advisory System, 

12 including ensuring that the National Terrorism Advi13 sory System participates in tests of the public alert 

14 and warning system; 

15 ‘‘(7) conduct, at least once every 3 years, peri16 odic nationwide tests of the public alert and warning 

17 system; and 

18 ‘‘(8) consult, coordinate, and cooperate, to the ex19 tent practicable, with other Federal agencies and de20 partments and with State, local, and tribal govern21 ments, the private sector, and other key stakeholders 

22 to leverage existing alert and warning capabilities. 

23 ‘‘(c) SYSTEM REQUIREMENTS.—The Secretary shall 

24 ensure that the system— 


pwalker on DSK7TPTVN1PROD with BILLS
7 

•HR 3563 RH

1 ‘‘(1) incorporates redundant and diverse modes 

2 to disseminate homeland security information and 

3 other information in warning messages to the public 

4 so as to reach the greatest number of individuals; 

5 ‘‘(2) can be adapted to incorporate future tech6 nologies; 

7 ‘‘(3) is resilient, secure, and can withstand acts 

8 of terrorism and other external attacks; 

9 ‘‘(4) promotes State, local, tribal, and regional 

10 partnerships to enhance coordination; 

11 ‘‘(5) is designed to provide alerts that are acces12 sible to the largest portion of the affected population 

13 feasible, including nonresident visitors and tourists 

14 and individuals with disabilities and access and func15 tional needs; 

16 ‘‘(6) is designed to improve the ability of remote 

17 areas and areas with underdeveloped telecommuni18 cations infrastructure to receive alerts; and 

19 ‘‘(7) includes mechanisms to ensure the protec20 tion of individual privacy. 

21 ‘‘(d) INTEGRATED PUBLIC ALERT AND WARNING SYS22 TEM MODERNIZATION ADVISORY COMMITTEE.— 

23 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

24 after the date of enactment of the Integrated Public 

25 Alert and Warning System Modernization Act of 


pwalker on DSK7TPTVN1PROD with BILLS
8 

•HR 3563 RH

1 2012, the Secretary shall establish an advisory com2 mittee to be known as the Integrated Public Alert and 

3 Warning System Advisory Committee (in this sub4 section referred to as the ‘Advisory Committee’). 

5 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

6 shall be composed of the following members: 

7 ‘‘(A) The Chairman of the Federal Commu8 nications Commission (or the Chairman’s des9 ignee). 

10 ‘‘(B) The Administrator of the National 

11 Oceanic and Atmospheric Administration (or the 

12 Administrator’s designee). 

13 ‘‘(C) The Assistant Secretary for Commu14 nications and Information of the Department of 

15 Commerce (or the Assistant Secretary’s designee). 

16 ‘‘(D) The Under Secretary for Science and 

17 Technology of the Department of Homeland Se18 curity. 

19 ‘‘(E) The Director of the Office of Disability 

20 Integration and Coordination of the Federal 

21 Emergency Management Agency. 

22 ‘‘(F) The following members, to be ap23 pointed by the Secretary as soon as practicable 

24 after the date of enactment of the Integrated 


pwalker on DSK7TPTVN1PROD with BILLS
9 

•HR 3563 RH

1 Public Alert and Warning System Modernization 

2 Act of 2012: 

3 ‘‘(i) Representatives of State and local 

4 governments, representatives of emergency 

5 management agencies, representatives of 

6 emergency response providers, and rep7 resentatives of emergency communication 

8 providers, selected from among individuals 

9 nominated by national organizations rep10 resenting governments and personnel. 

11 ‘‘(ii) Representatives from federally 

12 recognized Indian tribes and national In13 dian organizations. 

14 ‘‘(iii) Individuals who have the req15 uisite technical knowledge and expertise to 

16 serve on the Advisory Committee, including 

17 representatives of— 

18 ‘‘(I) communications service pro19 viders; 

20 ‘‘(II) vendors, developers, and 

21 manufacturers of systems, facilities, 

22 equipment, and capabilities for the 

23 provision of communications services; 

24 ‘‘(III) third-party service bureaus; 

25 ‘‘(IV) the broadcasting industry; 


pwalker on DSK7TPTVN1PROD with BILLS
10 

•HR 3563 RH

1 ‘‘(V) the cellular industry; 

2 ‘‘(VI) the cable industry; 

3 ‘‘(VII) the satellite industry; 

4 ‘‘(VIII) national organizations 

5 representing individuals with disabil6 ities and access and functional needs, 

7 and the elderly; and 

8 ‘‘(IX) national organizations rep9 resenting educational institutions, in10 cluding higher education. 

11 ‘‘(iv) Qualified representatives of such 

12 other stakeholders and interested and af13 fected parties as the Secretary considers ap14 propriate. 

15 ‘‘(3) CHAIRPERSON.—The Secretary (or the Sec16 retary’s designee) shall serve as the Chairperson of the 

17 Advisory Committee. 

18 ‘‘(4) MEETINGS.— 

19 ‘‘(A) INITIAL MEETING.—The initial meet20 ing of the Advisory Committee shall take place 

21 not later than 120 days after the date of enact22 ment of the Integrated Public Alert and Warning 

23 System Modernization Act of 2012. 


pwalker on DSK7TPTVN1PROD with BILLS
11 

•HR 3563 RH

1 ‘‘(B) OTHER MEETINGS.—After the initial 

2 meeting, the Advisory Committee shall meet, at 

3 least annually, at the call of the Chairperson. 

4 ‘‘(C) NOTICE; OPEN MEETINGS.—Meetings 

5 held by the Advisory Committee shall be duly no6 ticed at least 14 days in advance and shall be 

7 open to the public. 

8 ‘‘(5) RULES.—The Advisory Committee may 

9 adopt such rules as are necessary to carry out its du10 ties. 

11 ‘‘(6) CONSULTATION WITH NONMEMBERS.—The 

12 Advisory Committee and the program office for the 

13 integrated public alert and warning system of the 

14 United States shall regularly meet with groups that 

15 are not represented on the Advisory Committee to 

16 consider new and developing technology that may be 

17 beneficial to the public alert and warning system, 

18 such as— 

19 ‘‘(A) the Defense Advanced Research 

20 Projects Agency; 

21 ‘‘(B) entities engaged in federally funded re22 search; and 

23 ‘‘(C) academic institutions engaged in rel24 evant work and research. 


pwalker on DSK7TPTVN1PROD with BILLS
12 

•HR 3563 RH

1 ‘‘(7) RECOMMENDATIONS.—The Advisory Com2 mittee shall develop and submit in the annual reports 

3 under paragraph (8) recommendations for the con4 tinuation and improvement of an integrated public 

5 alert and warning system, including— 

6 ‘‘(A) recommendations for common alerting 

7 and warning protocols, standards, terminology, 

8 and operating procedures for the public alert and 

9 warning system; 

10 ‘‘(B) an assessment of the accomplishments 

11 and deficiencies of the public alert and warning 

12 system, as well as the impact on current alert 

13 and warning systems; 

14 ‘‘(C) recommendations for increasing par15 ticipation in the system, particularly among ele16 mentary, secondary, and higher education insti17 tutions; and 

18 ‘‘(D) recommendations for improvements to 

19 the system, including recommendations to pro20 vide for a public alert and warning system 

21 that— 

22 ‘‘(i) has the capability to adapt the 

23 distribution and content of communications 

24 on the basis of geographic location, risks, 

25 multiple communication systems and techVerDate Mar 15 2010 00:52 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3563.RH H3563

pwalker on DSK7TPTVN1PROD with BILLS
13 

•HR 3563 RH

1 nologies or personal user preferences, as ap2 propriate; 

3 ‘‘(ii) has the capability to alert and 

4 warn individuals with disabilities and ac5 cess and functional needs and individuals 

6 with limited English proficiency; 

7 ‘‘(iii) incorporates multiple commu8 nications technologies; 

9 ‘‘(iv) is designed to adapt to, and in10 corporate, future technologies for commu11 nicating directly with the public; 

12 ‘‘(v) encourages proper use by State 

13 and local governments of the public alert 

14 and warning system through training pro15 grams and other means; 

16 ‘‘(vi) is designed to provide alerts to 

17 the largest portion of the affected population 

18 feasible, including nonresident visitors and 

19 tourists, and improve the ability of remote 

20 areas to receive alerts; 

21 ‘‘(vii) promotes local and regional pub22 lic and private partnerships to enhance 

23 community preparedness and response; 

24 ‘‘(viii) promotes the participation of 

25 representatives from underserved and 


pwalker on DSK7TPTVN1PROD with BILLS
14 

•HR 3563 RH

1 underrepresented communities, to ensure 

2 that alerts and warnings reach such popu3 lations; and 

4 ‘‘(ix) provides redundant alert mecha5 nisms where practicable so as to reach the 

6 greatest number of people regardless of 

7 whether they have access to, or utilize, any 

8 specific medium of communication or any 

9 particular device. 

10 ‘‘(8) REPORT.—Not later than 1 year after the 

11 date of enactment of the Integrated Public Alert and 

12 Warning System Modernization Act of 2012, and 

13 every year after, the Advisory Committee shall submit 

14 to the Secretary a report containing the recommenda15 tions of the Advisory Committee. 

16 ‘‘(9) FEDERAL ADVISORY COMMITTEE ACT.—Nei17 ther the Federal Advisory Committee Act (5 U.S.C. 

18 App.) nor any rule, order, or regulation promulgated 

19 under that Act shall apply to the Advisory Com20 mittee. 

21 ‘‘(e) REPORT.—Not later than 1 year after the date 

22 on which the system established under subsection (a) is fully 

23 functional and every six months thereafter, the Secretary 

24 shall submit to the Committee on Homeland Security of the 

25 House of Representatives and the Committee on Homeland 


pwalker on DSK7TPTVN1PROD with BILLS
15 

•HR 3563 RH

1 Security and Governmental Affairs of the Senate, a report 

2 on the functionality and performance of the integrated pub3 lic alert and warning system, including— 

4 ‘‘(1) the findings of the most recent Advisory 

5 Committee report under subsection (d)(8); 

6 ‘‘(2) an assessment of the accomplishments and 

7 deficiencies of the system; 

8 ‘‘(3) recommendations for improvements to the 

9 system; and 

10 ‘‘(4) information on the feasibility and effective11 ness of disseminating homeland security information 

12 and other information, notices, and alerts prior to 

13 and following an incident requiring use of the system. 

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Secretary to carry out 

16 this section $13,400,000 for each of fiscal years 2013 

17 through 2017.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents in section 1(b) of such Act is amended by add20 ing at the end of the items relating to such title the 

21 following: 

‘‘Sec. 526. National integrated public alert and warning system modernization.’’. 

22 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

23 Nothing in this Act (including the amendment made by this 

24 Act) shall be construed to affect the authority of the Depart25 ment of Commerce, the Federal Communications CommisVerDate Mar 15 2010 00:52 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H3563.RH H3563

pwalker on DSK7TPTVN1PROD with BILLS
16 

•HR 3563 RH

1 sion, or the Robert T. Stafford Disaster Relief and Emer2 gency Assistance Act. 

3 (c) HOMELAND SECURITY GRANTS.—Section 2008(a) 

4 of the Homeland Security Act of 2002 (6 U.S.C. 609(a)) 

5 is amended— 

6 (1) in paragraph (12), by striking ‘‘and’’ at the 

7 end; 

8 (2) by redesignating paragraph (13) as para9 graph (14); and 

10 (3) by inserting after paragraph (12) the fol11 lowing new paragraph: 

12 ‘‘(13) improving public alert and warning capa13 bilities; and’’. 


pwalker on DSK7TPTVN1PROD with BILLS

pwalker on DSK7TPTVN1PROD with BILLS
Union Calendar No. 496 

112TH CONGRESS 

2D SESSION H. R. 3563 

[Report No. 112–685, Part I] 

A BILL 

To amend the Homeland Security Act of 2002 to 

mation, and for other purposes. homeland security information and other inforpublic alert and warning system to disseminate modernize and implement the national integrated direct the Secretary of Homeland Security to 

SEPTEMBER 20, 2012 

Reported from the Committee on Homeland Security 

with an amendment 

SEPTEMBER 20, 2012 

The Committee on Transportation and Infrastructure 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


pwalker on DSK7TPTVN1PROD with BILLS