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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3563 Reported in House (RH)]

                                                 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]

_______________________________________________________________________

                                 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.

 

    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 ``Integrated Public Alert and Warning 
System Modernization Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) numerous proven and tested technologies exist to enable 
        the Federal Government to enhance its dissemination of public 
        alerts and warnings;
            (2) the expected benefits of these enhancements include--
                    (A) greater security, reliability, and redundancy 
                of the Federal Government's alert and warning 
                capabilities;
                    (B) rapid alert dissemination;
                    (C) an improved ability to notify remote locations;
                    (D) the ability to geographically target and 
                deliver alerts and warnings through multiple 
                communication modes; and
                    (E) the ability to permit homeland security grants 
                to be utilized for the purposes of modernizing public 
                alert and warning systems;
            (3) there is a need to test the viability of delivering 
        messages through diverse communications modes to effectively 
        alert and warn the public;
            (4) there is a need to modernize and improve the ability of 
        the Federal Government to provide residents of the United 
        States with timely and effective warnings; and
            (5) although significant Federal integration efforts are 
        underway, the aggregation, dissemination, and reporting system 
        necessary for effective public alert and warning will require 
        an integrated national network for reliable, secure, and 
        authentic dissemination of emergency alerts and warnings by 
        Federal, State, local, and tribal entities that are authorized 
        to issue alerts to the public.

SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
              MODERNIZATION.

    (a) In General.--
            (1) Amendment.--Title V of the Homeland Security Act of 
        2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of 
        the following new section:

``SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
              MODERNIZATION.

    ``(a) In General.--In order to provide timely and effective 
warnings and disseminate homeland security information and other 
information, the Secretary shall, considering the recommendations of 
the advisory committee established under subsection (d), modernize and 
implement the national integrated public alert and warning system (in 
this section referred to as `the public alert and warning system').
    ``(b) Implementation Requirements.--In carrying out subsection (a), 
the Secretary shall--
            ``(1) establish or adapt, as appropriate, common alerting 
        and warning protocols, standards, terminology, and operating 
        procedures for the public alert and warning system;
            ``(2) include in the public alert and warning system the 
        capability to adapt the dissemination of homeland security 
        information and other information and the content of 
        communications on the basis of geographic location, risks, or 
        personal user preferences, as appropriate;
            ``(3) include in the public alert and warning system the 
        capability to alert, warn, and provide the equivalent amount of 
        information to individuals with disabilities and access and 
        functional needs;
            ``(4) ensure the conduct of training, tests, and exercises 
        for the public alert and warning system, and that the system is 
        incorporated into other training and exercise programs of the 
        Department, as appropriate;
            ``(5) ensure that ongoing training, integrated into the 
        National Incident Management System, for receiving and 
        disseminating public alert and warning system messages 
        utilizing advanced technologies is provided to State, local, 
        tribal, and other homeland security stakeholders involved in 
        the transmission of such messages;
            ``(6) ensure that the public alert and warning system uses 
        the National Terrorism Advisory System, including ensuring that 
        the National Terrorism Advisory System participates in tests of 
        the public alert and warning system;
            ``(7) conduct, at least once every 3 years, periodic 
        nationwide tests of the public alert and warning system; and
            ``(8) consult, coordinate, and cooperate, to the extent 
        practicable, with other Federal agencies and departments and 
        with State, local, and tribal governments, the private sector, 
        and other key stakeholders to leverage existing alert and 
        warning capabilities.
    ``(c) System Requirements.--The Secretary shall ensure that the 
system--
            ``(1) incorporates redundant and diverse modes to 
        disseminate homeland security information and other information 
        in warning messages to the public so as to reach the greatest 
        number of individuals;
            ``(2) can be adapted to incorporate future technologies;
            ``(3) is resilient, secure, and can withstand acts of 
        terrorism and other external attacks;
            ``(4) promotes State, local, tribal, and regional 
        partnerships to enhance coordination;
            ``(5) is designed to provide alerts that are accessible to 
        the largest portion of the affected population feasible, 
        including nonresident visitors and tourists and individuals 
        with disabilities and access and functional needs;
            ``(6) is designed to improve the ability of remote areas 
        and areas with underdeveloped telecommunications infrastructure 
        to receive alerts; and
            ``(7) includes mechanisms to ensure the protection of 
        individual privacy.
    ``(d) Integrated Public Alert and Warning System Modernization 
Advisory Committee.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Integrated Public Alert and Warning System 
        Modernization Act of 2012, the Secretary shall establish an 
        advisory committee to be known as the Integrated Public Alert 
        and Warning System Advisory Committee (in this subsection 
        referred to as the `Advisory Committee').
            ``(2) Membership.--The Advisory Committee shall be composed 
        of the following members:
                    ``(A) The Chairman of the Federal Communications 
                Commission (or the Chairman's designee).
                    ``(B) The Administrator of the National Oceanic and 
                Atmospheric Administration (or the Administrator's 
                designee).
                    ``(C) The Assistant Secretary for Communications 
                and Information of the Department of Commerce (or the 
                Assistant Secretary's designee).
                    ``(D) The Under Secretary for Science and 
                Technology of the Department of Homeland Security.
                    ``(E) The Director of the Office of Disability 
                Integration and Coordination of the Federal Emergency 
                Management Agency.
                    ``(F) The following members, to be appointed by the 
                Secretary as soon as practicable after the date of 
                enactment of the Integrated Public Alert and Warning 
                System Modernization Act of 2012:
                            ``(i) Representatives of State and local 
                        governments, representatives of emergency 
                        management agencies, representatives of 
                        emergency response providers, and 
                        representatives of emergency communication 
                        providers, selected from among individuals 
                        nominated by national organizations 
                        representing governments and personnel.
                            ``(ii) Representatives from federally 
                        recognized Indian tribes and national Indian 
                        organizations.
                            ``(iii) Individuals who have the requisite 
                        technical knowledge and expertise to serve on 
                        the Advisory Committee, including 
                        representatives of--
                                    ``(I) communications service 
                                providers;
                                    ``(II) vendors, developers, and 
                                manufacturers of systems, facilities, 
                                equipment, and capabilities for the 
                                provision of communications services;
                                    ``(III) third-party service 
                                bureaus;
                                    ``(IV) the broadcasting industry;
                                    ``(V) the cellular industry;
                                    ``(VI) the cable industry;
                                    ``(VII) the satellite industry;
                                    ``(VIII) national organizations 
                                representing individuals with 
                                disabilities and access and functional 
                                needs, and the elderly; and
                                    ``(IX) national organizations 
                                representing educational institutions, 
                                including higher education.
                            ``(iv) Qualified representatives of such 
                        other stakeholders and interested and affected 
                        parties as the Secretary considers appropriate.
            ``(3) Chairperson.--The Secretary (or the Secretary's 
        designee) shall serve as the Chairperson of the Advisory 
        Committee.
            ``(4) Meetings.--
                    ``(A) Initial meeting.--The initial meeting of the 
                Advisory Committee shall take place not later than 120 
                days after the date of enactment of the Integrated 
                Public Alert and Warning System Modernization Act of 
                2012.
                    ``(B) Other meetings.--After the initial meeting, 
                the Advisory Committee shall meet, at least annually, 
                at the call of the Chairperson.
                    ``(C) Notice; open meetings.--Meetings held by the 
                Advisory Committee shall be duly noticed at least 14 
                days in advance and shall be open to the public.
            ``(5) Rules.--The Advisory Committee may adopt such rules 
        as are necessary to carry out its duties.
            ``(6) Consultation with nonmembers.--The Advisory Committee 
        and the program office for the integrated public alert and 
        warning system of the United States shall regularly meet with 
        groups that are not represented on the Advisory Committee to 
        consider new and developing technology that may be beneficial 
        to the public alert and warning system, such as--
                    ``(A) the Defense Advanced Research Projects 
                Agency;
                    ``(B) entities engaged in federally funded 
                research; and
                    ``(C) academic institutions engaged in relevant 
                work and research.
            ``(7) Recommendations.--The Advisory Committee shall 
        develop and submit in the annual reports under paragraph (8) 
        recommendations for the continuation and improvement of an 
        integrated public alert and warning system, including--
                    ``(A) recommendations for common alerting and 
                warning protocols, standards, terminology, and 
                operating procedures for the public alert and warning 
                system;
                    ``(B) an assessment of the accomplishments and 
                deficiencies of the public alert and warning system, as 
                well as the impact on current alert and warning 
                systems;
                    ``(C) recommendations for increasing participation 
                in the system, particularly among elementary, 
                secondary, and higher education institutions; and
                    ``(D) recommendations for improvements to the 
                system, including recommendations to provide for a 
                public alert and warning system that--
                            ``(i) has the capability to adapt the 
                        distribution and content of communications on 
                        the basis of geographic location, risks, 
                        multiple communication systems and technologies 
                        or personal user preferences, as appropriate;
                            ``(ii) has the capability to alert and warn 
                        individuals with disabilities and access and 
                        functional needs and individuals with limited 
                        English proficiency;
                            ``(iii) incorporates multiple 
                        communications technologies;
                            ``(iv) is designed to adapt to, and 
                        incorporate, future technologies for 
                        communicating directly with the public;
                            ``(v) encourages proper use by State and 
                        local governments of the public alert and 
                        warning system through training programs and 
                        other means;
                            ``(vi) is designed to provide alerts to the 
                        largest portion of the affected population 
                        feasible, including nonresident visitors and 
                        tourists, and improve the ability of remote 
                        areas to receive alerts;
                            ``(vii) promotes local and regional public 
                        and private partnerships to enhance community 
                        preparedness and response;
                            ``(viii) promotes the participation of 
                        representatives from underserved and 
                        underrepresented communities, to ensure that 
                        alerts and warnings reach such populations; and
                            ``(ix) provides redundant alert mechanisms 
                        where practicable so as to reach the greatest 
                        number of people regardless of whether they 
                        have access to, or utilize, any specific medium 
                        of communication or any particular device.
            ``(8) Report.--Not later than 1 year after the date of 
        enactment of the Integrated Public Alert and Warning System 
        Modernization Act of 2012, and every year after, the Advisory 
        Committee shall submit to the Secretary a report containing the 
        recommendations of the Advisory Committee.
            ``(9) 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 
        Advisory Committee.
    ``(e) Report.--Not later than 1 year after the date on which the 
system established under subsection (a) is fully functional and every 
six months thereafter, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate, a report on 
the functionality and performance of the integrated public alert and 
warning system, including--
            ``(1) the findings of the most recent Advisory Committee 
        report under subsection (d)(8);
            ``(2) an assessment of the accomplishments and deficiencies 
        of the system;
            ``(3) recommendations for improvements to the system; and
            ``(4) information on the feasibility and effectiveness of 
        disseminating homeland security information and other 
        information, notices, and alerts prior to and following an 
        incident requiring use of the system.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $13,400,000 for 
each of fiscal years 2013 through 2017.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end of the items 
        relating to such title the following:

``Sec. 526. National integrated public alert and warning system 
                            modernization.''.
    (b) Limitation on Statutory Construction.--Nothing in this Act 
(including the amendment made by this Act) shall be construed to affect 
the authority of the Department of Commerce, the Federal Communications 
Commission, or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act.
    (c) Homeland Security Grants.--Section 2008(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) improving public alert and warning capabilities; 
        and''.
                                                 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 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.

_______________________________________________________________________

                           September 20, 2012

   Reported from the Committee on Homeland Security with an amendment

                           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
```