II 

Calendar No. 132 

114TH CONGRESS 

1ST SESSION S. 1180 

[Report No. 114–73] 

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 

MAY 4, 2015 

Mr. JOHNSON (for himself and Mrs. MCCASKILL) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

JUNE 25, 2015 

Reported by Mr. JOHNSON, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 and Warning System Modernization Act of 2015’’. 

4 SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYS5 TEM MODERNIZATION. 

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

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

8 at the end the following: 

9 ‘‘SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYS10 TEM MODERNIZATION. 

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

12 warnings regarding natural disasters, acts of terrorism, 

13 and other man-made disasters or threats to public safety, 

14 the Administrator shall— 

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

16 warning system of the United States (in this section 

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

18 to help ensure that under all conditions the Presi19 dent and, except to the extent the public alert and 

20 warning system is in use by the President, Federal 

21 agencies and State, tribal, and local governments 

22 can alert and warn the civilian population in areas 

23 endangered by natural disasters, acts of terrorism, 

24 and other man-made disasters or threats to public 

25 safety; and 


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

2 system to disseminate timely and effective warnings 

3 regarding natural disasters, acts of terrorism, and 

4 other man-made disasters or threats to public safety. 

5 ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In car6 rying out subsection (a), the Administrator shall— 

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

8 alerting and warning protocols, standards, termi9 nology, and operating procedures for the public alert 

10 and warning system; 

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

12 system the capability to adapt the distribution and 

13 content of communications on the basis of geo14 graphic location, risks, and multiple communication 

15 systems and technologies, as appropriate and to the 

16 extent technically feasible; 

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

18 system the capability to alert, warn, and provide 

19 equivalent information to individuals with disabil20 ities, individuals with access and functional needs, 

21 and individuals with limited-English proficiency, to 

22 the extent technically feasible; 

23 ‘‘(4) ensure that training, tests, and exercises 

24 are conducted for the public alert and warning sys25 tem, including by— 


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1 ‘‘(A) incorporating the public alert and 

2 warning system into other training and exercise 

3 programs of the Department, as appropriate; 

4 ‘‘(B) establishing and integrating into the 

5 National Incident Management System a com6 prehensive and periodic training program to in7 struct and educate Federal, State, tribal, and 

8 local government officials in the use of the 

9 Common Alerting Protocol enabled Emergency 

10 Alert System; and 

11 ‘‘(C) conducting, not less than once every 

12 3 years, periodic nationwide tests of the public 

13 alert and warning system; 

14 ‘‘(5) to the extent practicable, ensure that the 

15 public alert and warning system is resilient and se16 cure and can withstand acts of terrorism and other 

17 external attacks; 

18 ‘‘(6) conduct public education efforts so that 

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

20 and the people of the United States reasonably un21 derstand the functions of the public alert and warn22 ing system and how to access, use, and respond to 

23 information from the public alert and warning sys24 tem through a general market awareness campaign; 


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

2 appropriate private sector entities and Federal, 

3 State, tribal, and local governmental authorities, in4 cluding the Regional Administrators and emergency 

5 response providers; 

6 ‘‘(8) consult and coordinate with the Federal 

7 Communications Commission, taking into account 

8 rules and regulations promulgated by the Federal 

9 Communications Commission; and 

10 ‘‘(9) coordinate with and consider the rec11 ommendations of the Integrated Public Alert and 

12 Warning System Subcommittee established under 

13 section 2(b) of the Integrated Public Alert and 

14 Warning System Modernization Act of 2015. 

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

16 warning system shall— 

17 ‘‘(1) to the extent determined appropriate by 

18 the Administrator, incorporate multiple communica19 tions technologies; 

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

21 future technologies for communicating directly with 

22 the public; 

23 ‘‘(3) to the extent technically feasible, be de24 signed— 


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1 ‘‘(A) to provide alerts to the largest por2 tion of the affected population feasible, includ3 ing nonresident visitors and tourists, individuals 

4 with disabilities, individuals with access and 

5 functional needs, and individuals with limited6 English proficiency; and 

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

8 to receive alerts; 

9 ‘‘(4) promote local and regional public and pri10 vate partnerships to enhance community prepared11 ness and response; 

12 ‘‘(5) provide redundant alert mechanisms where 

13 practicable so as to reach the greatest number of 

14 people; and 

15 ‘‘(6) to the extent feasible, include a mechanism 

16 to ensure the protection of individual privacy. 

17 ‘‘(d) USE OF SYSTEM.—Except to the extent nec18 essary for testing the public alert and warning system, the 

19 public alert and warning system shall not be used to trans20 mit a message that does not relate to a natural disaster, 

21 act of terrorism, or other man-made disaster or threat to 

22 public safety. 

23 ‘‘(e) PERFORMANCE REPORTS.— 

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

25 the date of enactment of the Integrated Public Alert 


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1 and Warning System Modernization Act of 2015, 

2 and annually thereafter through 2018, the Adminis3 trator shall make available on the public website of 

4 the Agency a performance report, which shall— 

5 ‘‘(A) establish performance goals for the 

6 implementation of the public alert and warning 

7 system by the Agency; 

8 ‘‘(B) describe the performance of the pub9 lic alert and warning system, including— 

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

11 alerts and warnings issued under the sys12 tem; 

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

14 warn, and provide equivalent information 

15 to individuals with disabilities, individuals 

16 with access and function needs, and indi17 viduals with limited-English proficiency; 

18 and 

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

20 performed and the outcomes obtained by 

21 the Agency; 

22 ‘‘(C) identify significant challenges to the 

23 effective operation of the public alert and warn24 ing system and any plans to address these chal25 lenges; 


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1 ‘‘(D) identify other necessary improve2 ments to the system; and 

3 ‘‘(E) provide an analysis comparing the 

4 performance of the public alert and warning 

5 system with the performance goals established 

6 under subparagraph (A). 

7 ‘‘(2) CONGRESS.—The Administrator shall sub8 mit to the Committee on Homeland Security and 

9 Governmental Affairs and the Committee on Com10 merce, Science, and Transportation of the Senate 

11 and the Committee on Transportation and Infra12 structure and the Committee on Homeland Security 

13 of the House of Representatives each report required 

14 under paragraph (1).’’. 

15 (b) INTEGRATED PUBLIC ALERT AND WARNING SYS16 TEM SUBCOMMITTEE.— 

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

18 after the date of enactment of this Act, the Adminis19 trator of the Federal Emergency Management Agen20 cy (in this subsection referred to as the ‘‘Adminis21 trator’’) shall establish a subcommittee to the Na22 tional Advisory Council established under section 

23 508 of the Homeland Security Act of 2002 (6 

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


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1 Alert and Warning System Subcommittee (in this 

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

3 (2) MEMBERSHIP.—Notwithstanding section 

4 508(c) of the Homeland Security Act of 2002 (6 

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

6 of the following members (or their designees): 

7 (A) The Deputy Administrator for Protec8 tion and National Preparedness of the Federal 

9 Emergency Management Agency. 

10 (B) The Chairman of the Federal Commu11 nications Commission. 

12 (C) The Administrator of the National 

13 Oceanic and Atmospheric Administration of the 

14 Department of Commerce. 

15 (D) The Assistant Secretary for Commu16 nications and Information of the Department of 

17 Commerce. 

18 (E) The Under Secretary for Science and 

19 Technology of the Department of Homeland Se20 curity. 

21 (F) The Under Secretary for the National 

22 Protection and Programs Directorate. 

23 (G) The Director of Disability Integration 

24 and Coordination of the Federal Emergency 

25 Management Agency. 


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1 (H) The Chairperson of the National 

2 Council on Disability. 

3 (I) Qualified individuals appointed by the 

4 Administrator as soon as practicable after the 

5 date of enactment of this Act from among the 

6 following: 

7 (i) Representatives of State and local 

8 governments, representatives of emergency 

9 management agencies, and representatives 

10 of emergency response providers. 

11 (ii) Representatives from federally rec12 ognized Indian tribes and national Indian 

13 organizations. 

14 (iii) Individuals who have the requisite 

15 technical knowledge and expertise to serve 

16 on the Subcommittee, including representa17 tives of— 

18 (I) communications service pro19 viders; 

20 (II) vendors, developers, and 

21 manufacturers of systems, facilities, 

22 equipment, and capabilities for the 

23 provision of communications services; 

24 (III) third-party service bureaus; 


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1 (IV) the broadcasting industry, 

2 including public broadcasting; 

3 (V) the commercial mobile radio 

4 service industry; 

5 (VI) the cable industry; 

6 (VII) the satellite industry; 

7 (VIII) national organizations rep8 resenting individuals with disabilities, 

9 the blind, deaf, and hearing-loss com10 munities, individuals with access and 

11 functional needs, and the elderly; 

12 (IX) consumer or privacy advo13 cates; and 

14 (X) organizations representing 

15 individuals with limited-English pro16 ficiency. 

17 (iv) Qualified representatives of such 

18 other stakeholders and interested and af19 fected parties as the Administrator con20 siders appropriate. 

21 (3) CHAIRPERSON.—The Deputy Administrator 

22 for Protection and National Preparedness of the 

23 Federal Emergency Management Agency shall serve 

24 as the Chairperson of the Subcommittee. 

25 (4) MEETINGS.— 


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1 (A) INITIAL MEETING.—The initial meet2 ing of the Subcommittee shall take place not 

3 later than 120 days after the date of enactment 

4 of this Act. 

5 (B) OTHER MEETINGS.—After the initial 

6 meeting, the Subcommittee shall meet, at least 

7 annually, at the call of the Chairperson. 

8 (5) CONSULTATION WITH NONMEMBERS.—The 

9 Subcommittee and the program offices for the inte10 grated public alert and warning system for the 

11 United States shall consult with individuals and en12 tities that are not represented on the Subcommittee 

13 to consider new and developing technologies that 

14 may be beneficial to the public alert and warning 

15 system, including— 

16 (A) the Defense Advanced Research 

17 Projects Agency; 

18 (B) entities engaged in federally funded re19 search; and 

20 (C) academic institutions engaged in rel21 evant work and research. 

22 (6) RECOMMENDATIONS.—The Subcommittee 

23 shall— 

24 (A) develop recommendations for an inte25 grated public alert and warning system; and 


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1 (B) in developing the recommendations 

2 under subparagraph (A), consider— 

3 (i) recommendations for common 

4 alerting and warning protocols, standards, 

5 terminology, and operating procedures for 

6 the public alert and warning system; and 

7 (ii) recommendations to provide for a 

8 public alert and warning system that— 

9 (I) has the capability to adapt 

10 the distribution and content of com11 munications on the basis of geo12 graphic location, risks, or personal 

13 user preferences, as appropriate; 

14 (II) has the capability to alert 

15 and warn individuals with disabilities 

16 and individuals with limited-English 

17 proficiency; 

18 (III) to the extent appropriate, 

19 incorporates multiple communications 

20 technologies; 

21 (IV) is designed to adapt to, and 

22 incorporate, future technologies for 

23 communicating directly with the pub24 lic; 


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1 (V) is designed to provide alerts 

2 to the largest portion of the affected 

3 population feasible, including non4 resident visitors and tourists, and im5 prove the ability of remote areas to 

6 receive alerts; 

7 (VI) promotes local and regional 

8 public and private partnerships to en9 hance community preparedness and 

10 response; and 

11 (VII) provides redundant alert 

12 mechanisms, if practicable, to reach 

13 the greatest number of people regard14 less of whether they have access to, or 

15 use, any specific medium of commu16 nication or any particular device. 

17 (7) REPORT.— 

18 (A) SUBCOMMITTEE SUBMISSION.—Not 

19 later than 1 year after the date of enactment of 

20 this Act, the Subcommittee shall submit to the 

21 National Advisory Council a report containing 

22 any recommendations required to be developed 

23 under paragraph (6) for approval by the Na24 tional Advisory Council. 


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1 (B) SUBMISSION BY NATIONAL ADVISORY

2 COUNCIL.—If the National Advisory Council ap3 proves the recommendations contained in the 

4 report submitted under subparagraph (A), the 

5 National Advisory Council shall submit the re6 port to— 

7 (i) the head of each agency rep8 resented on the Subcommittee; 

9 (ii) the Committee on Homeland Se10 curity and Governmental Affairs and the 

11 Committee on Commerce, Science, and 

12 Transportation of the Senate; and 

13 (iii) the Committee on Homeland Se14 curity and the Committee on Transpor15 tation and Infrastructure of the House of 

16 Representatives. 

17 (8) TERMINATION.—The Subcommittee shall 

18 terminate not later than 3 years after the date of 

19 enactment of this Act. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this Act 

22 and the amendments made by this Act such sums as may 

23 be necessary for each of fiscal years 2016, 2017, and 

24 2018. 

25 (d) LIMITATIONS ON STATUTORY CONSTRUCTION.— 


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1 (1) DEFINITION.—In this subsection, the term 

2 ‘‘participating commercial mobile service provider’’ 

3 has the meaning given that term under section 

4 10.10(f) of title 47, Code of Federal Regulations, as 

5 in effect on the date of enactment of this Act. 

6 (2) LIMITATIONS.—Nothing in this Act, includ7 ing an amendment made by this Act, shall be con8 strued— 

9 (A) to affect any authority— 

10 (i) of the Department of Commerce; 

11 (ii) of the Federal Communications 

12 Commission; or 

13 (iii) provided under the Robert T. 

14 Stafford Disaster Relief and Emergency 

15 Assistance Act (42 U.S.C. 5121 et seq.); 

16 (B) to provide the Secretary of Homeland 

17 Security with authority to require any action by 

18 the Department of Commerce, the Federal 

19 Communications Commission, or any non20 governmental entity; 

21 (C) to apply to, or to provide the Adminis22 trator of the Federal Emergency Management 

23 Agency with authority over, any participating 

24 commercial mobile service provider; or 


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1 (D) to alter in any way the wireless emer2 gency alerts service established under the 

3 Warning, Alert, and Response Network Act (47 

4 U.S.C. 1201 et seq.) or any related orders 

5 issued by the Federal Communications Commis6 sion after October 13, 2006. 2006; or 

7 (E) to provide the Federal Emergency Man8 agement Agency with authority to require a 

9 State or local jurisdiction to use the integrated 

10 public alert and warning system of the United 

11 States. 


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Calendar No. 132 

114TH CONGRESS 

1ST SESSION S. 1180 

[Report No. 114–73] 

A BILL 

To amend the Homeland Security Act of 2002 to 

United States, and for other purposes. tegrated public alert and warning system of the gency Management Agency to modernize the indirect the Administrator of the Federal EmerJUNE 25, 2015 

Reported with amendments 


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