I 

113TH CONGRESS 

1ST SESSION H. R. 3283 

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 

OCTOBER 10, 2013 

Mr. BILIRAKIS 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 

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. 

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 2013’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) numerous proven and tested technologies 

4 exist to enable the Federal Government to enhance 

5 its dissemination of public alerts and warnings; 

6 (2) the expected benefits of these enhancements 

7 include— 

8 (A) greater security, reliability, and redun9 dancy of the Federal Government’s alert and 

10 warning capabilities; 

11 (B) rapid alert dissemination; 

12 (C) an improved ability to notify remote lo13 cations; and 

14 (D) the ability to geographically target and 

15 deliver alerts and warnings through multiple 

16 communication modes; 

17 (3) there is a need to test the viability of deliv18 ering messages through diverse communications 

19 modes to effectively alert and warn the public; 

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

21 the ability of the Federal Government to provide 

22 residents of the United States with timely and effec23 tive warnings; and 

24 (5) although significant Federal integration ef25 forts are underway, the aggregation, dissemination, 

26 and reporting system necessary for effective public 


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1 alert and warning will require an integrated national 

2 network for reliable, secure, and authentic dissemi3 nation of emergency alerts and warnings by Federal, 

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

5 issue alerts to the public. 

6 SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARN7 ING SYSTEM MODERNIZATION. 

8 (a) IN GENERAL.— 

9 (1) AMENDMENT.—Title V of the Homeland 

10 Security Act of 2002 (6 U.S.C. 311 et seq.) is 

11 amended by adding at the end of the following new 

12 section: 

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

14 WARNING SYSTEM MODERNIZATION. 

15 ‘‘(a) IN GENERAL.—In order to provide timely and 

16 effective warnings and disseminate homeland security in17 formation and other information, the Secretary shall, con18 sidering the recommendations of the advisory committee 

19 established under subsection (d), modernize and imple20 ment the national integrated public alert and warning sys21 tem (in this section referred to as ‘the public alert and 

22 warning system’). 

23 ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In car24 rying out subsection (a), the Secretary shall— 


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1 ‘‘(1) establish or adapt, 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 dissemination of 

7 homeland security information and other informa8 tion and the content of communications on the basis 

9 of geographic location, risks, or personal user pref10 erences, as appropriate; 

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

12 system the capability to alert, warn, and provide the 

13 equivalent amount of information to individuals with 

14 disabilities and access and functional needs; 

15 ‘‘(4) ensure the conduct of training, tests, and 

16 exercises for the public alert and warning system, 

17 and that the system is incorporated into other train18 ing and exercise programs of the Department, as ap19 propriate; 

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

21 into the National Incident Management System, for 

22 receiving and disseminating public alert and warning 

23 system messages utilizing advanced technologies is 

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


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1 security stakeholders involved in the transmission of 

2 such messages; 

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

4 system uses the National Terrorism Advisory Sys5 tem, including ensuring that the National Terrorism 

6 Advisory System participates in tests of the public 

7 alert and warning system; 

8 ‘‘(7) conduct, at least once every 3 years, peri9 odic nationwide tests of the public alert and warning 

10 system; and 

11 ‘‘(8) consult, coordinate, and cooperate, to the 

12 extent practicable, with other Federal agencies and 

13 departments and with State, local, and tribal govern14 ments, the private sector, and other key stakeholders 

15 to leverage existing alert and warning capabilities. 

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

17 ensure that the system— 

18 ‘‘(1) incorporates redundant and diverse modes 

19 to disseminate homeland security information and 

20 other information in warning messages to the public 

21 so as to reach the greatest number of individuals; 

22 ‘‘(2) can be adapted to incorporate future tech23 nologies; 

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

25 of terrorism and other external attacks; 


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

2 partnerships to enhance coordination; 

3 ‘‘(5) is designed to provide alerts that are ac4 cessible to the largest portion of the affected popu5 lation feasible, including nonresident visitors and 

6 tourists and individuals with disabilities and access 

7 and functional needs; 

8 ‘‘(6) is designed to improve the ability of re9 mote areas and areas with underdeveloped tele10 communications infrastructure to receive alerts; and 

11 ‘‘(7) includes mechanisms to ensure the protec12 tion of individual privacy. 

13 ‘‘(d) INTEGRATED PUBLIC ALERT AND WARNING

14 SYSTEM MODERNIZATION ADVISORY COMMITTEE.— 

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

16 after the date of enactment of the Integrated Public 

17 Alert and Warning System Modernization Act of 

18 2013, the Secretary shall establish an advisory com19 mittee to be known as the Integrated Public Alert 

20 and Warning System Advisory Committee (in this 

21 subsection referred to as the ‘Advisory Committee’). 

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

23 shall be composed of the following members: 


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1 ‘‘(A) The Chairman of the Federal Com2 munications Commission (or the Chairman’s 

3 designee). 

4 ‘‘(B) The Administrator of the National 

5 Oceanic and Atmospheric Administration (or 

6 the Administrator’s designee). 

7 ‘‘(C) The Assistant Secretary for Commu8 nications and Information of the Department of 

9 Commerce (or the Assistant Secretary’s des10 ignee). 

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

12 Technology of the Department of Homeland Se13 curity. 

14 ‘‘(E) The Director of the Office of Dis15 ability Integration and Coordination of the Fed16 eral Emergency Management Agency. 

17 ‘‘(F) The following members, to be ap18 pointed by the Secretary as soon as practicable 

19 after the date of enactment of the Integrated 

20 Public Alert and Warning System Moderniza21 tion Act of 2013: 

22 ‘‘(i) Representatives of State and local 

23 governments, representatives of emergency 

24 management agencies, representatives of 

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1 resentatives of emergency communication 

2 providers, selected from among individuals 

3 nominated by national organizations rep4 resenting governments and personnel. 

5 ‘‘(ii) Representatives from federally 

6 recognized Indian tribes and national In7 dian organizations. 

8 ‘‘(iii) Individuals who have the req9 uisite technical knowledge and expertise to 

10 serve on the Advisory Committee, including 

11 representatives of— 

12 ‘‘(I) communications service pro13 viders; 

14 ‘‘(II) vendors, developers, and 

15 manufacturers of systems, facilities, 

16 equipment, and capabilities for the 

17 provision of communications services; 

18 ‘‘(III) third-party service bu19 reaus; 

20 ‘‘(IV) the broadcasting industry; 

21 ‘‘(V) the cellular industry; 

22 ‘‘(VI) the cable industry; 

23 ‘‘(VII) the satellite industry; 

24 ‘‘(VIII) national organizations 

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1 ities and access and functional needs, 

2 and the elderly; and 

3 ‘‘(IX) national organizations rep4 resenting educational institutions, in5 cluding higher education. 

6 ‘‘(iv) Qualified representatives of such 

7 other stakeholders and interested and af8 fected parties as the Secretary considers 

9 appropriate. 

10 ‘‘(3) CHAIRPERSON.—The Secretary (or the 

11 Secretary’s designee) shall serve as the Chairperson 

12 of the Advisory Committee. 

13 ‘‘(4) MEETINGS.— 

14 ‘‘(A) INITIAL MEETING.—The initial meet15 ing of the Advisory Committee shall take place 

16 not later than 120 days after the date of enact17 ment of the Integrated Public Alert and Warn18 ing System Modernization Act of 2013. 

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

20 meeting, the Advisory Committee shall meet, at 

21 least annually, at the call of the Chairperson. 

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

23 held by the Advisory Committee shall be duly 

24 noticed at least 14 days in advance and shall be 

25 open to the public. 


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

2 adopt such rules as are necessary to carry out its 

3 duties. 

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

5 Advisory Committee and the program office for the 

6 integrated public alert and warning system of the 

7 United States shall regularly meet with groups that 

8 are not represented on the Advisory Committee to 

9 consider new and developing technology that may be 

10 beneficial to the public alert and warning system, 

11 such as— 

12 ‘‘(A) the Defense Advanced Research 

13 Projects Agency; 

14 ‘‘(B) entities engaged in federally funded 

15 research; and 

16 ‘‘(C) academic institutions engaged in rel17 evant work and research. 

18 ‘‘(7) RECOMMENDATIONS.—The Advisory Com19 mittee shall develop and submit in the annual re20 ports under paragraph (8) recommendations for the 

21 continuation and improvement of an integrated pub22 lic alert and warning system, including— 

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1 nology, and operating procedures for the public 

2 alert and warning system; 

3 ‘‘(B) an assessment of the accomplish4 ments and deficiencies of the public alert and 

5 warning system, as well as the impact on cur6 rent alert and warning systems; 

7 ‘‘(C) recommendations for increasing par8 ticipation in the system, particularly among ele9 mentary, secondary, and higher education insti10 tutions; and 

11 ‘‘(D) recommendations for improvements 

12 to the system, including recommendations to 

13 provide for a public alert and warning system 

14 that— 

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

16 distribution and content of communications 

17 on the basis of geographic location, risks, 

18 multiple communication systems and tech19 nologies or personal user preferences, as 

20 appropriate; 

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

22 warn individuals with disabilities and ac23 cess and functional needs and individuals 

24 with limited English proficiency; 


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1 ‘‘(iii) incorporates multiple commu2 nications technologies; 

3 ‘‘(iv) is designed to adapt to, and in4 corporate, future technologies for commu5 nicating directly with the public; 

6 ‘‘(v) encourages proper use by State 

7 and local governments of the public alert 

8 and warning system through training pro9 grams and other means; 

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

11 the largest portion of the affected popu12 lation feasible, including nonresident visi13 tors and tourists, and improve the ability 

14 of remote areas to receive alerts; 

15 ‘‘(vii) promotes local and regional 

16 public and private partnerships to enhance 

17 community preparedness and response; 

18 ‘‘(viii) promotes the participation of 

19 representatives from underserved and 

20 underrepresented communities, to ensure 

21 that alerts and warnings reach such popu22 lations; and 

23 ‘‘(ix) provides redundant alert mecha24 nisms where practicable so as to reach the 

25 greatest number of people regardless of 


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1 whether they have access to, or utilize, any 

2 specific medium of communication or any 

3 particular device. 

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

5 date of enactment of the Integrated Public Alert and 

6 Warning System Modernization Act of 2013, and 

7 every year after, the Advisory Committee shall sub8 mit to the Secretary a report containing the rec9 ommendations of the Advisory Committee. 

10 ‘‘(9) FEDERAL ADVISORY COMMITTEE ACT.— 

11 Neither the Federal Advisory Committee Act (5 

12 U.S.C. App.) nor any rule, order, or regulation pro13 mulgated under that Act shall apply to the Advisory 

14 Committee. 

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

16 on which the system established under subsection (a) is 

17 fully functional and every six months thereafter, the Sec18 retary shall submit to the Committee on Homeland Secu19 rity of the House of Representatives and the Committee 

20 on Homeland Security and Governmental Affairs of the 

21 Senate, a report on the functionality and performance of 

22 the integrated public alert and warning system, includ23 ing— 

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

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


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

2 deficiencies of the system; 

3 ‘‘(3) recommendations for improvements to the 

4 system; and 

5 ‘‘(4) information on the feasibility and effective6 ness of disseminating homeland security information 

7 and other information, notices, and alerts prior to 

8 and following an incident requiring use of the sys9 tem. 

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to the Secretary to carry 

12 out this section $13,400,000 for each of fiscal years 2014 

13 and 2015.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents in section 1(b) of such Act is amended by add16 ing at the end of the items relating to such title the 

17 following: 

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

18 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

19 (1) IN GENERAL.—Nothing in this Act (includ20 ing the amendment made by this Act) shall be con21 strued— 

22 (A) to affect the authority of the Depart23 ment of Commerce, the authority of the Federal 

24 Communications Commission, or the Robert T. 


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1 Stafford Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 5121 et seq.); 

3 (B) to provide the Secretary of Homeland 

4 Security authority to require any action by the 

5 Federal Communications Commission, the De6 partment of Commerce, or any nongovernment 

7 entity, or to affect any existing obligations of 

8 those entities; or 

9 (C) to apply to, or provide the Adminis10 trator of the Federal Emergency Management 

11 Agency any authority over, any participating 

12 commercial mobile service provider. 

13 (2) PARTICIPATING COMMERCIAL MOBILE SERV14 ICE PROVIDER DEFINED.—For purposes of this sub15 section, the term ‘‘participating commercial mobile 

16 service provider’’ has the same meaning as such 

17 term has in section 10.10(f) of title 47, Code of 

18 Federal Regulations, as in effect on the date of the 

19 enactment of this Act. 

20 (c) HOMELAND SECURITY GRANTS.—Section 

21 2008(a) of the Homeland Security Act of 2002 (6 U.S.C. 

22 609(a)) is amended— 

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

24 end; 


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1 (2) by redesignating paragraph (13) as para2 graph (14); and 

3 (3) by inserting after paragraph (12) the fol4 lowing new paragraph: 

5 ‘‘(13) improving public alert and warning capa6 bilities; and’’. 

Æ 


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