II 

112TH CONGRESS 

2D SESSION S. 2319 

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

of the Federal Emergency Management Agency to modernize the integrated public alert and warning system of the United States, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2012 

Ms. COLLINS (for herself, Mr. LIEBERMAN, Mr. BROWN of Massachusetts, Mr. 

AKAKA, and Mr. CARPER) introduced the following bill; which was read 

twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Homeland Security Act of 2002 to direct 

the Administrator of the Federal Emergency Management Agency to modernize the integrated public alert 

and warning system of the United States, and for other 

purposes. 

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’’. 


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1 SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYS2 TEM MODERNIZATION. 

3 (a) IN GENERAL.—Title V of the Homeland Security 

4 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYS7 TEM MODERNIZATION. 

8 ‘‘(a) IN GENERAL.—To provide timely and effective 

9 warnings regarding natural disasters, wars, acts of ter10 rorism, other man-made disasters, and other hazards to 

11 public safety under this title, the Administrator shall— 

12 ‘‘(1) modernize the integrated public alert and 

13 warning system of the United States (in this section 

14 referred to as the ‘public alert and warning system’) 

15 to ensure that under all conditions the President 

16 and, except to the extent the public alert and warn17 ing system is in use by the President, Federal agen18 cies and State, tribal, and local governments can 

19 alert and warn the civilian population in areas en20 dangered by a natural disaster, war, act of ter21 rorism, other man-made disaster, or other hazard to 

22 public safety; and 

23 ‘‘(2) implement the public alert and warning 

24 system. 

25 ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In car26 rying out subsection (a), the Administrator shall— 


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1 ‘‘(1) establish or adopt, as appropriate, common 

2 alerting and warning protocols, standards, termi3 nology, and operating procedures for the public alert 

4 and warning system; 

5 ‘‘(2) include in the public alert and warning 

6 system the capability to adapt the distribution and 

7 content of communications on the basis of geo8 graphic location, risks, and multiple communication 

9 systems and technologies, as appropriate; 

10 ‘‘(3) include in the public alert and warning 

11 system the capability to alert, warn, and provide 

12 equivalent information to individuals with disabilities 

13 and individuals with limited English proficiency, to 

14 the extent technically feasible; 

15 ‘‘(4) ensure training, tests, and exercises for the 

16 public alert and warning system are conducted, in17 cluding— 

18 ‘‘(A) through exercises conducted under 

19 the National Exercise Program described in 

20 section 648 of the Post-Katrina Emergency 

21 Management Reform Act of 2006 (6 U.S.C. 

22 748), to the extent determined appropriate by 

23 the Administrator; 

24 ‘‘(B) the conduct of periodic nationwide 

25 tests; and 


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1 ‘‘(C) by establishing and integrating into 

2 the National Incident Management System a 

3 comprehensive and periodic training program to 

4 instruct and educate Federal, State, tribal, and 

5 local government officials in the use of the 

6 Common Alerting Protocol enabled-Emergency 

7 Alert System; 

8 ‘‘(5) conduct public education efforts so that 

9 State, tribal, and local governments, private entities, 

10 and the people of the United States understand the 

11 functions of the public alert and warning system and 

12 how to access, use, and respond to information from 

13 the public alert and warning system through a gen14 eral market awareness campaign; 

15 ‘‘(6) in coordination with the Secretary, ensure 

16 that the public alert and warning system coordinates 

17 with the National Terrorism Advisory System, in18 cluding ensuring that the National Terrorism Advi19 sory System participates in tests of the public alert 

20 and warning system; 

21 ‘‘(7) consult, coordinate, and cooperate with the 

22 appropriate private sector entities and Federal, 

23 State, tribal, and local governmental authorities, in24 cluding the Regional Administrators and emergency 

25 response providers; and 


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1 ‘‘(8) coordinate with, and consider the rec2 ommendations of, the subcommittee established 

3 under section 2(b) of the Integrated Public Alert 

4 and Warning System Modernization Act of 2012. 

5 ‘‘(c) SYSTEM REQUIREMENTS.—The public alert and 

6 warning system shall— 

7 ‘‘(1) incorporate multiple communication sys8 tems and technologies, to the extent determined ap9 propriate by the Administrator; 

10 ‘‘(2) be designed to adapt to, and incorporate, 

11 future technologies for communicating directly with 

12 the public; 

13 ‘‘(3) be designed to— 

14 ‘‘(A) provide alerts that are accessible to 

15 the largest portion of the affected population 

16 feasible, including individuals with disabilities, 

17 individuals with limited English proficiency, and 

18 nonresident visitors and tourists, to the extent 

19 technically feasible; and 

20 ‘‘(B) improve the ability of remote areas to 

21 receive alerts; and 

22 ‘‘(4) provide redundant alert mechanisms where 

23 practicable so as to reach the greatest number of 

24 people. 


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1 ‘‘(d) PILOT PROGRAMS.—The Administrator may 

2 conduct pilot programs for the purpose of demonstrating 

3 the feasibility of using a variety of methods for achieving 

4 the system requirements specified in subsection (c). 

5 ‘‘(e) USE OF SYSTEM.— 

6 ‘‘(1) LIMITATION.—Except to the extent nec7 essary for testing the public alert and warning sys8 tem, the Administrator may not transmit a message 

9 from the President using the public alert and warn10 ing system that does not relate to a natural disaster, 

11 war, act of terrorism, other man-made disaster, or 

12 other hazard to public safety. 

13 ‘‘(2) CONSUMER OPT-OUT.—Nothing in this 

14 section shall be construed to supersede section 602 

15 of the SAFE Port Act (47 U.S.C. 1201). 

16 ‘‘(f) PERFORMANCE REPORTS.— 

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of the Integrated Public Alert 

19 and Warning System Modernization Act of 2012, 

20 and annually thereafter through 2017, the Adminis21 trator shall make available on the public website of 

22 the Agency a performance report, which shall— 

23 ‘‘(A) establish performance goals for the 

24 implementation of the public alert and warning 

25 system by the Agency; 


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1 ‘‘(B) describe the performance of the pub2 lic alert and warning system, including— 

3 ‘‘(i) the type of technology used for 

4 alerts and warnings issued under the sys5 tem; 

6 ‘‘(ii) the measures taken to alert, 

7 warn, and provide equivalent information 

8 to individuals with disabilities and individ9 uals with limited English proficiency; and 

10 ‘‘(iii) the training, tests, and exercises 

11 performed and the outcomes obtained by 

12 the Agency; 

13 ‘‘(C) identify significant challenges to the 

14 effective operation of the public alert and warn15 ing system and any plans to address these chal16 lenges; 

17 ‘‘(D) identify other necessary improve18 ments to the system; and 

19 ‘‘(E) provide an analysis comparing the 

20 performance of the public alert and warning 

21 system with the performance goals established 

22 under subparagraph (A). 

23 ‘‘(2) CONGRESS.—The Administrator shall sub24 mit to the Committee on Homeland Security and 

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1 mittee on Transportation and Infrastructure and the 

2 Committee on Homeland Security of the House of 

3 Representatives each report required under para4 graph (1).’’. 

5 (b) INTEGRATED PUBLIC ALERT AND WARNING SYS6 TEM MODERNIZATION SUBCOMMITTEE.— 

7 (1) ESTABLISHMENT.—Not later than 90 days 

8 after the date of enactment of this Act, the Adminis9 trator of the Federal Emergency Management Agen10 cy (in this subsection referred to as the ‘‘Adminis11 trator’’) shall establish a subcommittee to the Na12 tional Advisory Council established under section 

13 508 of the Homeland Security Act of 2002 (6 

14 U.S.C. 318) to be known as the Integrated Public 

15 Alert and Warning System Subcommittee (in this 

16 subsection referred to as the ‘‘Subcommittee’’). 

17 (2) MEMBERSHIP.—Notwithstanding section 

18 508(c) of the Homeland Security Act of 2002 (6 

19 U.S.C. 318(c)), the Subcommittee shall be composed 

20 of the following members: 

21 (A) The Chairman of the Federal Commu22 nications Commission (or the Chairman’s des23 ignee). 

24 (B) The Administrator of the National 

25 Oceanic and Atmospheric Administration of the 


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1 Department of Commerce (or the Administra2 tor’s designee). 

3 (C) The Assistant Secretary for Commu4 nications and Information of the Department of 

5 Commerce (or the Assistant Secretary’s des6 ignee). 

7 (D) The Under Secretary for Science and 

8 Technology of the Department of Homeland Se9 curity (or the Under Secretary’s designee). 

10 (E) The Under Secretary for the National 

11 Protection and Programs Directorate (or the 

12 Under Secretary’s designee). 

13 (F) The Director of the Office of Disability 

14 Integration and Coordination of the Federal 

15 Emergency Management Agency. 

16 (G) Qualified individuals appointed by the 

17 Administrator as soon as practicable after the 

18 date of enactment of this Act from among the 

19 following: 

20 (i) Representatives of State and local 

21 governments, representatives of federally 

22 recognized Indian tribes and national tribal 

23 organizations, representatives of emergency 

24 management agencies, representatives of 

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1 resentatives of emergency communication 

2 providers. 

3 (ii) Individuals who have the requisite 

4 technical knowledge and expertise to serve 

5 on the Subcommittee, including representa6 tives of— 

7 (I) vendors, developers, and man8 ufacturers of systems, facilities, equip9 ment, and capabilities for the provi10 sion of communications services; 

11 (II) the broadcasting industry; 

12 (III) the cellular industry; 

13 (IV) the cable industry; 

14 (V) the satellite industry; 

15 (VI) consumer or privacy advo16 cates; 

17 (VII) national organizations rep18 resenting individuals with disabilities, 

19 the blindness, deaf, and hearing loss 

20 communities, and the elderly; and 

21 (VIII) organizations representing 

22 individuals with limited English pro23 ficiency. 

24 (iii) Qualified representatives of such 

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1 fected parties as the Administrator con2 siders appropriate. 

3 (3) CHAIRPERSON.—The Administrator (or the 

4 Administrator’s designee) shall serve as the Chair5 person of the Subcommittee. 

6 (4) MEETINGS.— 

7 (A) INITIAL MEETING.—The initial meet8 ing of the Subcommittee shall take place not 

9 later than 180 days after the date of enactment 

10 of this Act. 

11 (B) OTHER MEETINGS.—After the initial 

12 meeting, the Subcommittee shall meet, at least 

13 annually, at the call of the Chairperson. 

14 (5) RECOMMENDATIONS.—The Subcommittee 

15 may develop and submit under paragraph (6) rec16 ommendations for the continuation and improvement 

17 of the public alert and warning system, including— 

18 (A) recommendations for common alerting 

19 and warning protocols, standards, terminology, 

20 and operating procedures for the public alert 

21 and warning system; 

22 (B) an assessment of the accomplishments 

23 and deficiencies of the public alert and warning 

24 system, as well as the impact on current alert 

25 and warning systems; and 


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1 (C) recommendations for improvements to 

2 the public alert and warning system, including 

3 recommendations to provide for a public alert 

4 and warning system that— 

5 (i) has the capability to adapt the dis6 tribution and content of communications 

7 on the basis of geographic location, risks, 

8 and multiple communication systems and 

9 technologies, as appropriate; 

10 (ii) has the capability to alert and 

11 warn individuals with disabilities and indi12 viduals with limited English proficiency; 

13 (iii) incorporates multiple communica14 tions technologies, to the extent deter15 mined appropriate by the Subcommittee; 

16 (iv) is designed to adapt to, and incor17 porate, future technologies for commu18 nicating directly with the public; 

19 (v) encourages proper use by State 

20 and local governments of the public alert 

21 and warning system through training pro22 grams and other means; 

23 (vi) is designed to provide alerts to 

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1 tors and tourists, and improve the ability 

2 of remote areas to receive alerts; 

3 (vii) promotes local and regional pub4 lic and private partnerships to enhance 

5 community preparedness and response; and 

6 (viii) provides redundant alert mecha7 nisms where practicable so as to reach the 

8 greatest number of people regardless of 

9 whether they have access to, or use, any 

10 specific medium of communication or any 

11 particular device. 

12 (6) REPORTS.—The Subcommittee shall submit 

13 to the National Advisory Council established under 

14 section 508 of the Homeland Security Act of 2002 

15 (6 U.S.C. 318) and the Administrator a report re16 garding any recommendations agreed to by the Sub17 committee. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are to be authorized to be appropriated such sums as may 

20 be necessary to carry out this Act and the amendments 

21 made by the Act for each of fiscal years 2013 through 

22 2017. 

23 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

24 Nothing in this section (including the amendments made 

25 by this section) shall be construed to affect the authority 


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1 of the Department of Commerce or the Federal Commu2 nications Commission. 

Æ 


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