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[House Report 112-685]
[From the U.S. Government Publishing Office]

112th Congress                                            Rept. 112-685
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
  INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION ACT OF 2012

                                _______
                                

 September 20, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3563]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3563) 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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     8
Committee Oversight Findings.....................................     8
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Congressional Budget Office Estimate.............................     8
Statement of General Performance Goals and Objectives............    10
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    10
Federal Mandates Statement.......................................    10
Preemption Clarification.........................................    10
Advisory Committee Statement.....................................    10
Applicability to Legislative Branch..............................    10
Section-by-Section Analysis of the Legislation...................    11
Changes in Existing Law Made by the Bill, as Reported............    13
    The amendment is as follows:

  Strike all after the enacting clause and insert the 
following:

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''.

                          Purpose and Summary

    The purpose of H.R. 3563 is to authorize the Integrated 
Public Alert and Warning System (IPAWS) to ensure the timely 
and effective distribution of alerts and warnings.

                  Background and Need for Legislation

    Since its establishment in April 2007, the Department of 
Homeland Security (DHS) Integrated Public Alert and Warning 
System (IPAWS) Program Management Office (PMO) has been 
operating without Congressional authorization. Given the 
significant progress that the PMO has accomplished since its 
establishment, the time has come for Congress to provide the 
necessary support and direction to ensure that IPAWS reaches 
its goals. This legislation provides the Secretary with 
direction on the necessary system requirements that IPAWS must 
achieve, such as the ability to provide timely alerts and 
warnings to the largest segment of the population possible.
    This legislation is the product of a number of hearings 
held by the Subcommittee on Emergency Preparedness, Response, 
and Communications in the 112th and previous Congresses, 
including a July 8, 2011, hearing entitled, ``Communicating 
With the Public During Emergencies: An Update on Federal Alerts 
and Warnings,'' which focused specifically on IPAWS and at 
which Members of the Subcommittee received testimony from 
Federal witnesses and stakeholders. The Subcommittee continued 
its oversight of IPAWS at a November 17, 2011, hearing, which 
explored the various emergency communications offices and 
programs at the Department of Homeland Security. The director 
of the IPAWS PMO testified at that hearing and provided Members 
of the Subcommittee with an update on the national test of the 
Emergency Alert System and implementation of the Commercial 
Mobile Alert System (CMAS).

                                Hearings

    The Committee did not hold any hearings on H.R. 3563; 
however, the Committee held the following oversight hearings:
    On July 8, 2011, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing 
entitled, ``Communicating With the Public During Emergencies: 
An Update on Federal Alert and Warnings.'' The Subcommittee 
received testimony from Mr. Damon Penn, Assistant 
Administrator, National Continuity Programs, Federal Emergency 
Management Agency, Department of Homeland Security; RADM James 
A. Barnett, Chief, Public Safety and Homeland Security Bureau, 
Federal Communications Commission; Mr. Christopher Guttman-
McCabe, Vice President, Regulatory Affairs, CTIA--The Wireless 
Association; Ms. Suzanne D. Goucher, President and CEO, Maine 
Association of Broadcasters, testifying on behalf of the 
National Alliance of State Broadcasting Associations; and Mr. 
Allen W. Kniphfer, Emergency Coordinator, Jefferson County, 
Alabama.
    On November 17, 2011, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing 
entitled, ``Ensuring Coordination and Cooperation: A Review of 
the Emergency Communications Offices Within the Department of 
Homeland Security.'' The Subcommittee received testimony from 
Mr. Chris Essid, Director, Office of Emergency Communications, 
Department of Homeland Security; Mr. John O'Connor, Manager, 
National Coordinating Center for Communications, National 
Protection and Programs Directorate, Department of Homeland 
Security; Mr. Damon Penn, Assistant Administrator, National 
Continuity Programs, Federal Emergency Management Agency, 
Department of Homeland Security; Mr. Eric Edwards, Director, 
Disaster Emergency Communications Division, Response 
Directorate, Federal Emergency Management Agency, Department of 
Homeland Security; and Ms. Linda K. Moore, Specialist in 
Telecommunications and Spectrum Policy, Congressional Research 
Service.

                        Committee Consideration

    The Subcommittee on Emergency Preparedness, Response, and 
Communications met on December 8, 2011, to consider H.R. 3563, 
and ordered the measure to be reported to the Full Committee 
with a favorable recommendation, amended, by voice vote. The 
Subcommittee took the following actions:

    The Subcommittee adopted H.R. 3563, as amended, by voice 
vote.
      The following amendments were offered:
    An Amendment by Ms. Richardson (#1); was WITHDRAWN by 
unanimous consent.

  Page 5, strike lines 1 through 2 and insert a new paragraph

          ``(6) conduct a nationwide test of the public alert and 
        warning system not less than once every two years in 
        coordination with State, local, tribal, and other homeland 
        security stakeholders; and;''

    An Amendment by Ms. Richardson (#2); was AGREED TO by voice 
vote.

   Page 4, after line 19, insert a new paragraph (and redesignate the 
subsequent paragraphs accordingly)

          ``(4) ensure that ongoing training for receiving and 
        dissemination 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.''

    The Committee met on March 28, 2012, to consider H.R. 3563, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
      The following amendments were offered:
    An Amendment in the Nature of a Substitute offered by Mr. 
Bilirakis (#1); was AGREED TO by voice vote.

  A unanimous consent request by Mr. Bilirakis to insert after ``with'' 
on page 11, line 2, ``disabilities and''; was not objected to.

  An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. McCaul (#1A); was AGREED TO by unanimous 
consent.

  Page 4, line 12, after ``training'' insert ``, integrated into the 
National Incident Management System,''.

  An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#1B); was AGREED TO by unanimous 
consent.

  Page 5, beginning at line 22, strike ``needs'' and all that follows 
through line 23 and insert ``needs;''.
  Page 5 after line 23, insert the following, (and redesignate 
accordingly:
          ``(6) is designed to improve the ability of remote areas and 
        areas with underdeveloped telecommunications infrastructure to 
        receive alerts; and

  An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Richardson (#1C); was AGREED TO by unanimous 
consent.

  Page 8, line 10, strike ``and'' after the semicolon.
  Page 8, line 14, strike the period and insert ``; and''.
  Page 8, after line 14, insert the following:
          ``(IX) national organizations representing educational 
        institutions, including higher education.
  Page 10, line 15, strike ``and'' after the semicolon.
  Page 10, after line 15, insert the following (and redesignate the 
subsequent quoted subparagraph accordingly):
          ``(C) recommendations for increasing participation in the 
        system, particularly among elementary, secondary, and higher 
        education institutions; and.

  An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Jackson Lee (#1D); was AGREED TO by unanimous 
consent.

  Page 11, line 21, strike ``and'' after the semicolon.
          ``(viii) promotes the participation of representatives from 
        underserved and underrepresented communities, to ensure that 
        alerts and warnings reach such populations; and''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Hahn (#1E); was WITHDRAWN by unanimous consent.

  Page 4, line 23, strike ``and''.
  Page 4, after line 23, insert the following (and redesignate the 
subsequent paragraph accordingly):
          ``(8) consult with the Administrator of the National Oceanic 
        and Atmospheric Administration to ensure the Alaska Tsunami 
        Warning Center are capable of participating in tests of the 
        public alert and warning system; and;

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 3563.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3563, the Integrated Public Alert and Warning System 
Modernization Act of 2011, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 16, 2012.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3563, the 
Integrated Public Alert and Warning System Modernization Act of 
2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3563--Integrated Public Alert and Warning System Modernization Act 
        of 2012

    Summary: H.R. 3563 would authorize appropriations totaling 
$67 million over the 2013-2017 period for the Department of 
Homeland Security (DHS) to modernize the Integrated Public 
Alert Warning System (IPAWS), a system for issuing nationwide 
alerts regarding emergency situations. The bill also would 
establish a committee to develop and submit recommendations for 
continuing and improving the system. CBO estimates that 
implementing H.R. 3563 would result in discretionary spending 
totaling $38 million over the next five years and $29 million 
in subsequent years after 2017, assuming appropriation of the 
specified amounts.
    Enacting this legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 3563 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3563 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level.....................................       13       13       13       13       13        67
Estimated Outlays.......................................        5        8       10       13       13        38
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by the end of 2012 and that amounts 
specified will be appropriated for each year.
    H.R. 3563 would authorize the appropriation of $13.4 
million per year over the 2013-2017 period (for a total of $67 
million) for DHS to modernize and implement IPAWS. The annual 
authorization level is roughly the same amount that CBO 
estimates was allocated for that activity in 2012.
    IPAWS utilizes multiple technologies (for example, 
satellite radios, computers, and cellular phones) in addition 
to traditional radio and television communications to provide 
information about an impending or ongoing emergency situation. 
The bill specifies several criteria that a modernized IPAWS 
would be required to meet. DHS is currently pursuing several of 
these criteria under Executive Order 13407. Other goals not 
specified by that order, but set forth by the bill, include 
ensuring that state and local governments and other 
stakeholders are trained to use the system, as appropriate, and 
that nationwide tests be conducted at least once every three 
years.
    The bill also would establish an advisory committee to 
develop recommendations to continue improvements to IPAWS. 
Within one year of enactment, the committee would be required 
to submit a report outlining those recommendations.
    Based on the rate of prior spending by DHS for similar 
activities, CBO estimates that implementing H.R. 3563 would 
result in discretionary spending totaling $38 million over the 
next five years and $29 million in later years, assuming 
appropriation of the specified amounts.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3563 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Daniel Hoople: Impact 
on state, local, and tribal governments: Melissa Merrell; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 3563 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 3563 authorizes the Integrated Public Alert and 
Warning System with the goal of providing reliable alerts and 
warnings to the American public though diverse modes of 
communications.
    To ensure efficient and effective System performance, H.R. 
3563 requires the Secretary of Homeland Security to report to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs in the Senate within one year of the 
Integrated Public Alert and Warning System becoming fully 
functional and every six months thereafter on the functionality 
and performance of the system. In addition, the bill includes 
requirements for the periodic testing of the system.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3563 does 
not preempt any State, local, or Tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

     The Committee finds that the legislation does not relate 
to the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1.   Short title

    This section provides that H.R. 3563 may be cited as the 
``Integrated Public Alert and Warning System Modernization Act 
of 2011.''

Sec. 2.   Findings

    This section sets forth a number of findings, which 
include:
           Technologies allow for the enhancement of the 
        Federal Government's alert and warning system.
           Greater security, reliability, and ability to 
        notify remote locations and to geographically target 
        alerts to multiple devices, are all benefits of these 
        enhancements.
           A need to modernize and improve the ability of the 
        Federal Government to warn citizens of impending 
        threats.

Sec. 3.   National integrated public alert and warning system 
        modernization

    This section amends Title V of the Homeland Security Act of 
2002 by adding a new section, 526, which directs the Secretary 
of Homeland Security (Secretary) to modernize and implement the 
national integrated public alert and warning system.

Implementation requirements

    This section requires the Secretary to adopt certain 
requirements, including common standards and protocols, 
terminology, and common operating procedures in the system. The 
system must be able to send messages to a specific geographic 
location and enable persons with disabilities to receive 
alerts. Training on message dissemination must be incorporated 
into Department of Homeland Security's (DHS) exercise programs 
and the National Incident Management System (NIMS). The system 
must be tested periodically and the National Terrorism Advisory 
System must participate in these tests. Coordination between 
Federal, State, local, and tribal governments as well as 
private sector stakeholders must be leveraged.
    The Committee notes the importance of provisions in the 
bill requiring the Secretary to 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. In 
particular, the Committee directs the Secretary to work with 
the Administrator of the National Oceanic and Atmospheric 
Administration to ensure that the West Coast and Alaska Tsunami 
Warning Center and the Pacific Tsunami Warning Center are 
capable of providing timely and accurate tsunami warnings and 
participating in tests of the Integrated Public Alert and 
Warning System.

System requirements

    This section requires the Secretary to ensure that the 
system incorporates redundant and diverse modes of 
communications to deliver messages and alerts and that future 
technology must be adaptable to the system. The system must be 
hardened to withstand natural disasters and terrorist attacks 
and regional partnerships between States must be promoted. The 
system must improve the ability of remote areas and areas with 
underdeveloped telecommunications infrastructure to receive 
alerts, and include mechanisms to ensure the protection of 
individual privacy.
    Language in sections 526(b)(3) and 526(c)(5) requires that 
the system be designed to provide alerts that are accessible to 
the largest portion of the affected population feasible, 
including individuals with disabilities and access and 
functional needs and non-resident visitors and tourists. 
Pursuant to the 21st Century Communications Video Accessibility 
Act of 2010, private sector partners, including participants on 
the Federal Communications Commission's Video Programming 
Accessibility Advisory Committee, are working through the 
issues associated with improving the access of individuals with 
disabilities to communications services and equipment, 
including during times of emergency. This language is intended 
to facilitate the dissemination, where appropriate, of non-
English language emergency messages as they are received by 
IPAWS participants from the public alert and warning system, 
but does not mandate that broadcasters translate the message 
into multiple languages.

Advisory Committee

    The legislation establishes an IPAWS Advisory Committee 
composed of Federal, State, local, and tribal representatives, 
the private sector, educational institutions, and a consumer/
privacy advocate. The Advisory Committee is instructed to: meet 
at least once a year; consult with outside groups to consider 
new and developing technology; and issue a yearly report to the 
Secretary of Homeland Security with recommendations on how to 
improve IPAWS.

Report

    One year after the date on which the system becomes fully 
functional and every six months thereafter, the section 
requires the Secretary to submit a report to the House 
Committee on Homeland Security and the Senate Committee on 
Homeland Security and Governmental Affairs on the findings of 
the advisory committee report, the functionality and 
performance of the system, including a list of accomplishments 
and deficiencies, recommended improvements, and information on 
the effectiveness of the system, including among educational 
institutions and underserved and underrepresented communities.

Authorization of appropriations

    The section authorizes $13.4 million for each of fiscal 
years 2013 through 2017.

Limitation on statutory construction

    Nothing in this legislation 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.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

     * * * * * * *
Sec. 526. National integrated public alert and warning system 
          modernization.

           *       *       *       *       *       *       *

TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *

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.

           *       *       *       *       *       *       *

TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *

Subtitle A--Grants to States and High-Risk Urban Areas

           *       *       *       *       *       *       *

SEC. 2008. USE OF FUNDS.

  (a) Permitted Uses.--The Administrator shall permit the 
recipient of a grant under section 2003 or 2004 to use grant 
funds to achieve target capabilities related to preventing, 
preparing for, protecting against, and responding to acts of 
terrorism, consistent with a State homeland security plan and 
relevant local, tribal, and regional homeland security plans, 
through--
          (1) * * *

           *       *       *       *       *       *       *

          (12) any activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the State 
        Homeland Security Grant Program, the Urban Area 
        Security Initiative (including activities permitted 
        under the full-time counterterrorism staffing pilot), 
        or the Law Enforcement Terrorism Prevention Program; 
        [and]
          (13) improving public alert and warning capabilities; 
        and
          [(13)] (14) any other appropriate activity, as 
        determined by the Administrator.

           *       *       *       *       *       *       *
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