IB 

Union Calendar No. 667 

114TH CONGRESS 

2D SESSION H. R. 1738 

[Report No. 114–854, Part I] 

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

Homeland Security to modernize and implement the national integrated 

public alert and warning system to disseminate homeland security information and other information, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2015 

Mr. BILIRAKIS (for himself, Mr. MCCAUL, and Mrs. BROOKS of Indiana) 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 

DECEMBER 8, 2016 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 8, 2016 

The Committee on Transportation and Infrastructure discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 13, 2015] 


srobinson on DSK5SPTVN1PROD with BILLS
2 

•HR 1738 RH

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. 


srobinson on DSK5SPTVN1PROD with BILLS
3 

•HR 1738 RH

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 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) numerous proven and tested technologies exist 

9 to enable the Federal Government to update and mod10 ernize its dissemination of public alerts and warn11 ings; 

12 (2) the expected benefits of these enhancements 

13 include— 

14 (A) greater security, effectiveness, reli15 ability, integration, flexibility, comprehensive16 ness, and redundancy of the Federal Govern17 ment’s alert and warning capabilities; 

18 (B) rapid alert dissemination; 

19 (C) an improved ability to notify remote lo20 cations; 

21 (D) an improved ability to notify individ22 uals with disabilities; and 

23 (E) the ability to geographically target and 

24 deliver alerts and warnings through multiple 

25 communication modes; 


srobinson on DSK5SPTVN1PROD with BILLS
4 

•HR 1738 RH

1 (3) there is a need to test the viability of deliv2 ering messages through diverse communications modes 

3 to effectively alert and warn the public; 

4 (4) there is a need to update, modernize, and im5 prove the ability of the Federal Government to pro6 vide residents of the United States with timely and 

7 effective warnings; 

8 (5) although significant Federal integration ef9 forts are underway, the aggregation, dissemination, 

10 and reporting system necessary for effective public 

11 alert and warning will require an integrated national 

12 network for flexible, reliable, secure, and authenticated 

13 dissemination of emergency alerts and warnings by 

14 Federal, State, local, and tribal entities that are au15 thorized to issue alerts to the public; 

16 (6) there is a need to ensure that alerts and 

17 warnings are accessible to people with disabilities, 

18 particularly with sensory disabilities; and 

19 (7) States and urban areas should be allowed to 

20 utilize homeland security grants for the purposes of 

21 updating and modernizing public alert and warning 

22 capabilities. 

23 SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARN24 ING SYSTEM MODERNIZATION. 

25 (a) IN GENERAL.— 


srobinson on DSK5SPTVN1PROD with BILLS
5 

•HR 1738 RH

1 (1) AMENDMENT.—Title V of the Homeland Se2 curity Act of 2002 (6 U.S.C. 311 et seq.) is amended 

3 by adding at the end of the following new section: 

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

5 WARNING SYSTEM MODERNIZATION. 

6 ‘‘(a) IN GENERAL.—In order to provide timely and ef7 fective warnings and disseminate homeland security infor8 mation and other information, the Secretary shall, consid9 ering the recommendations of the advisory committee estab10 lished under subsection (e), update, modernize, and imple11 ment the national integrated public alert and warning sys12 tem. 

13 ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In carrying 

14 out subsection (a), the Secretary shall— 

15 ‘‘(1) ensure that under all conditions the Presi16 dent is able to alert and warn governmental authori17 ties and the civilian population in areas endangered 

18 by an act of terrorism, natural disaster, war, other 

19 man-made disaster, or other hazard to public safety; 

20 ‘‘(2) establish or adapt, as appropriate, common 

21 alerting and warning protocols, standards, termi22 nology, and operating procedures for the integrated 

23 public alert and warning system; 

24 ‘‘(3) include in the integrated public alert and 

25 warning system the capability to adapt the dissemiVerDate Sep 11 2014 00:19 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1738.RH H1738

srobinson on DSK5SPTVN1PROD with BILLS
6 

•HR 1738 RH

1 nation of homeland security information and other 

2 information, and the content of communications, on 

3 the basis of geographic location, risks, and multiple 

4 communications systems and technologies, as appro5 priate; 

6 ‘‘(4) to the extent technically feasible, include in 

7 the national integrated public alert and warning sys8 tem the capability to alert, warn, and provide the 

9 equivalent amount of information to— 

10 ‘‘(A) individuals with limited English pro11 ficiency skills; 

12 ‘‘(B) individuals with disabilities, particu13 larly sensory disabilities; and 

14 ‘‘(C) individuals with other access or func15 tional needs; 

16 ‘‘(5) ensure training, tests, and exercises for the 

17 integrated public alert and warning system, and that 

18 the system is incorporated into other training and ex19 ercise programs of the Department, as appropriate; 

20 ‘‘(6) ensure that a comprehensive and periodic 

21 training program, consistent with the principles of, 

22 and integrated with, the National Incident Manage23 ment System and in support of the National Pre24 paredness System, for receiving and disseminating 

25 the integrated public alert and warning system mesVerDate Sep 11 2014 00:19 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1738.RH H1738

srobinson on DSK5SPTVN1PROD with BILLS
7 

•HR 1738 RH

1 sages utilizing advanced technologies is provided to 

2 State, local, tribal, and other homeland security 

3 stakeholders involved in the transmission of such mes4 sages; 

5 ‘‘(7) conduct periodic nationwide tests of the in6 tegrated public alert and warning system, at least 

7 once every 5 years; and 

8 ‘‘(8) consult, coordinate, and cooperate, to the ex9 tent practicable, with other Federal agencies and de10 partments and with State, local, and tribal govern11 ments, the private sector, and other key stakeholders 

12 to leverage existing alert and warning capabilities. 

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

14 ensure that the system— 

15 ‘‘(1) incorporates redundant, diverse modes to 

16 disseminate homeland security information and other 

17 information in warning messages to the public so as 

18 to reach the greatest number of individuals in the in19 tended area or location; 

20 ‘‘(2) can be adapted to incorporate emerging and 

21 future technologies, including social media; 

22 ‘‘(3) is reliable, resilient, and secure, and can 

23 withstand acts of terrorism, hazards, and other exter24 nal attacks or dangers; 


srobinson on DSK5SPTVN1PROD with BILLS
8 

•HR 1738 RH

1 ‘‘(4) is, to the greatest extent practicable, hard2 ened against cyber attacks; 

3 ‘‘(5) promotes State, local, tribal, and regional 

4 partnerships to enhance coordination; 

5 ‘‘(6) to the extent technically feasible, is designed 

6 to provide alerts that are accessible to the largest por7 tion of the affected population, including nonresident 

8 visitors and tourists, individuals with limited 

9 English proficiency skills, and individuals with dis10 abilities, particularly sensory disabilities, or other ac11 cess or functional needs; and 

12 ‘‘(7) is designed to improve the ability of affected 

13 populations in remote areas and areas with under14 developed telecommunications infrastructure to receive 

15 alerts. 

16 ‘‘(d) PRIVACY PROTECTION.—The Secretary, in con17 sultation with the Department’s Chief Privacy Officer, shall 

18 produce a Privacy Impact Assessment every 5 years to 

19 evaluate whether the technology of the national integrated 

20 public alert and warning system has implications on the 

21 privacy rights of citizens of the United States. 

22 ‘‘(e) INTEGRATED PUBLIC ALERT AND WARNING SYS23 TEM MODERNIZATION ADVISORY COMMITTEE.— 

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

25 after the date of enactment of the Integrated Public 


srobinson on DSK5SPTVN1PROD with BILLS
9 

•HR 1738 RH

1 Alert and Warning System Modernization Act of 

2 2015, the Secretary shall establish an advisory com3 mittee to be known as the Integrated Public Alert and 

4 Warning System Advisory Committee (in this sub5 section referred to as the ‘Advisory Committee’). 

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

7 shall be composed of the following members: 

8 ‘‘(A) The Chairman of the Federal Commu9 nications Commission (or the Chairman’s des10 ignee). 

11 ‘‘(B) The Administrator of the National 

12 Oceanic and Atmospheric Administration (or the 

13 Administrator’s designee). 

14 ‘‘(C) The Assistant Secretary for Commu15 nications and Information of the Department of 

16 Commerce (or the Assistant Secretary’s designee). 

17 ‘‘(D) The Director of the United States Geo18 logical Survey (or the Director’s designee). 

19 ‘‘(E) The Under Secretary for Science and 

20 Technology of the Department of Homeland Se21 curity (or the Under Secretary’s designee). 

22 ‘‘(F) The Under Secretary for Cybersecurity 

23 and Communications of the Department of 

24 Homeland Security National Protection and 

25 Programs Directorate. 


srobinson on DSK5SPTVN1PROD with BILLS
10 

•HR 1738 RH

1 ‘‘(G) The Director of the Office of Disability 

2 Integration and Coordination of the Federal 

3 Emergency Management Agency. 

4 ‘‘(H) The following members, to be ap5 pointed by the Secretary as soon as practicable 

6 after the date of enactment of the Integrated 

7 Public Alert and Warning System Modernization 

8 Act of 2015 for a term established by the Sec9 retary that does not exceed 5 years: 

10 ‘‘(i) Representatives of State and local 

11 governments, representatives of emergency 

12 management agencies, representatives of 

13 emergency response providers, and rep14 resentatives of emergency communications 

15 providers, selected from among individuals 

16 nominated by national organizations rep17 resenting governments and personnel. 

18 ‘‘(ii) Representatives from federally 

19 recognized Indian tribes and national In20 dian organizations. 

21 ‘‘(iii) Individuals who have the req22 uisite technical knowledge and expertise to 

23 serve on the Advisory Committee, including 

24 representatives of— 


srobinson on DSK5SPTVN1PROD with BILLS
11 

•HR 1738 RH

1 ‘‘(I) communications service pro2 viders; 

3 ‘‘(II) vendors, developers, and 

4 manufacturers of systems, facilities, 

5 equipment, and capabilities for the 

6 provision of communications services; 

7 ‘‘(III) the broadcasting industry; 

8 ‘‘(IV) the commercial mobile radio 

9 service industry; 

10 ‘‘(V) the cable industry; 

11 ‘‘(VI) the satellite industry; 

12 ‘‘(VII) consumer or privacy advo13 cates; 

14 ‘‘(VIII) national organizations 

15 representing individuals with disabil16 ities and access and functional needs; 

17 ‘‘(IX) national organizations rep18 resenting the elderly; and 

19 ‘‘(X) national organizations rep20 resenting educational institutions, in21 cluding higher education. 

22 ‘‘(iv) Qualified representatives of such 

23 other stakeholders and interested and af24 fected parties as the Secretary considers ap25 propriate. 


srobinson on DSK5SPTVN1PROD with BILLS
12 

•HR 1738 RH

1 ‘‘(3) CHAIRPERSON.—The Secretary (or the Sec2 retary’s designee) shall serve as the Chairperson of the 

3 Advisory Committee. 

4 ‘‘(4) MEETINGS.— 

5 ‘‘(A) INITIAL MEETING.—The initial meet6 ing of the Advisory Committee shall take place 

7 not later than 150 days after the date of enact8 ment of the Integrated Public Alert and Warning 

9 System Modernization Act of 2015. 

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

11 meeting, the Advisory Committee shall meet, at 

12 least annually, at the call of the Chairperson. 

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

14 held by the Advisory Committee shall be duly no15 ticed at least 14 days in advance and shall be 

16 open to the public. 

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

18 adopt such rules as are necessary to carry out its du19 ties. 

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

21 Advisory Committee and the program office for the 

22 integrated public alert and warning system of the 

23 United States shall regularly meet with groups that 

24 are not represented on the Advisory Committee to 


srobinson on DSK5SPTVN1PROD with BILLS
13 

•HR 1738 RH

1 consider new and developing technology that may be 

2 beneficial to such system, such as— 

3 ‘‘(A) the Defense Advanced Research 

4 Projects Agency; 

5 ‘‘(B) entities engaged in federally funded re6 search; and 

7 ‘‘(C) academic institutions engaged in rel8 evant work and research. 

9 ‘‘(7) RECOMMENDATIONS.—The Advisory Com10 mittee may develop and submit in the annual reports 

11 under paragraph (8) recommendations for the con12 tinuation and improvement of an integrated public 

13 alert and warning system, including— 

14 ‘‘(A) recommendations for common alerting 

15 and warning protocols, standards, terminology, 

16 and operating procedures for such system; 

17 ‘‘(B) an assessment of the accomplishments 

18 and deficiencies of such system, including its ac19 cessibility for individuals with disabilities, and 

20 the impact on current alert and warning sys21 tems; 

22 ‘‘(C) recommendations for increasing par23 ticipation in such system, particularly among el24 ementary, secondary, and higher education insti25 tutions; and 


srobinson on DSK5SPTVN1PROD with BILLS
14 

•HR 1738 RH

1 ‘‘(D) recommendations for improvements to 

2 such system, including recommendations to pro3 vide for a public alert and warning system 

4 that— 

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

6 distribution and content of communications 

7 on the basis of geographic location, risks, 

8 multiple communication systems and tech9 nologies, as appropriate; 

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

11 warn individuals with disabilities, particu12 larly sensory disabilities, or access or func13 tional needs, and individuals with limited 

14 English proficiency; 

15 ‘‘(iii) incorporates multiple commu16 nications technologies; 

17 ‘‘(iv) is designed to adapt to, and in18 corporate, emerging and future technologies 

19 for communicating directly with the public; 

20 ‘‘(v) is reliable, resilient, and secure, 

21 and can withstand acts of terrorism, haz22 ards, and other external attacks or dangers; 

23 ‘‘(v) is hardened and resilient, to the 

24 greatest extent practicable, with respect to 

25 cyber attacks; 


srobinson on DSK5SPTVN1PROD with BILLS
15 

•HR 1738 RH

1 ‘‘(vi) encourages proper use by State 

2 and local governments of such system 

3 through training programs and other 

4 means; 

5 ‘‘(vii) is designed to provide alerts to 

6 the largest portion of the affected population 

7 feasible, including nonresident visitors and 

8 tourists, and improve the ability of remote 

9 areas to receive alerts; 

10 ‘‘(viii) promotes local and regional 

11 public and private partnerships to enhance 

12 community preparedness and response; 

13 ‘‘(ix) promotes the participation of 

14 representatives from underserved and 

15 underrepresented communities, to ensure 

16 that alerts and warnings reach such popu17 lations; and 

18 ‘‘(x) provides redundant alert mecha19 nisms where practicable so as to reach the 

20 greatest number of people regardless of 

21 whether they have access to, or utilize, any 

22 specific medium of communication or any 

23 particular device. 

24 ‘‘(8) REPORT.—Not later than one year after the 

25 date of enactment of the Integrated Public Alert and 


srobinson on DSK5SPTVN1PROD with BILLS
16 

•HR 1738 RH

1 Warning System Modernization Act of 2015, and 

2 every year thereafter, the Advisory Committee shall 

3 submit to the Secretary a report containing the rec4 ommendations of the Advisory Committee. 

5 ‘‘(9) FEDERAL ADVISORY COMMITTEE ACT.—Nei6 ther the Federal Advisory Committee Act (5 U.S.C. 

7 App.) nor any rule, order, or regulation promulgated 

8 under that Act shall apply to the Advisory Com9 mittee. 

10 ‘‘(10) SUNSET.—The Advisory Committee shall 

11 terminate on the date that is six years after the date 

12 on which the Advisory Committee is established pur13 suant to paragraph (1). 

14 ‘‘(f) REPORT.—Not later than one year after the date 

15 of the establishment of the Advisory Committee, and every 

16 year thereafter for the next six years, the Secretary shall 

17 submit to the Committee on Homeland Security and the 

18 Committee on Transportation and Infrastructure of the 

19 House of Representatives and the Committee on Homeland 

20 Security and Governmental Affairs of the Senate, a report 

21 on the functionality and performance of such system, in22 cluding— 

23 ‘‘(1) the recommendations of the most recent Ad24 visory Committee report under subsection (e)(8), what 

25 recommendations under such subsection the Secretary 


srobinson on DSK5SPTVN1PROD with BILLS
17 

•HR 1738 RH

1 has implemented to modernize the public alert and 

2 warning system, and if any such recommendations 

3 identified under such subsection were not imple4 mented, why the Secretary chose to not implement 

5 such recommendations; 

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

7 deficiencies of the system; 

8 ‘‘(3) an assessment of the cybersecurity of the 

9 system, including any relevant vulnerability assess10 ments; 

11 ‘‘(4) recommendations based on lessons learned 

12 during events in which the system was utilized; 

13 ‘‘(5) recommendations for improvements to the 

14 system; 

15 ‘‘(6) information on the feasibility and effective16 ness of disseminating homeland security information 

17 and other information, notices, and alerts prior to 

18 and following an incident requiring use of the system; 

19 and 

20 ‘‘(7) information on any innovations in or 

21 changes to the national integrated public alert and 

22 warning system that result in the collection of person23 ally identifiable information. 

24 ‘‘(g) COMPATIBLE MOBILE DEVICES.—The Secretary 

25 shall— 


srobinson on DSK5SPTVN1PROD with BILLS
18 

•HR 1738 RH

1 ‘‘(1) make available to the public, through the 

2 Internet and other appropriate means, a list of mobile 

3 devices that are capable of receiving warnings and 

4 alerts disseminated through the national integrated 

5 public alert and warning system; and 

6 ‘‘(2) update such list as necessary, but not less 

7 often than once each year. 

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Secretary to carry out 

10 this section $12,800,000 for each of fiscal years 2016, 2017, 

11 and 2018.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents in section 1(b) of such Act is amended by add14 ing at the end of the items relating to such title the 

15 following: 

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

16 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

17 (1) IN GENERAL.—Nothing in this Act (includ18 ing the amendments made by this Act) shall be con19 strued— 

20 (A) to affect the authority of the Depart21 ment of Commerce, the authority of the Federal 

22 Communications Commission, or the Robert T. 

23 Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5121 et seq.); 


srobinson on DSK5SPTVN1PROD with BILLS
19 

•HR 1738 RH

1 (B) to provide the Secretary of Homeland 

2 Security authority to require any action by the 

3 Federal Communications Commission, the De4 partment of Commerce, or any nongovernment 

5 entity, or to affect any existing obligations of 

6 those entities; 

7 (C) to apply to, or provide the Secretary of 

8 Homeland Security any authority over, any par9 ticipating commercial mobile service provider; or 

10 (D) to alter in any way the wireless emer11 gency alert service created pursuant to the Warn12 ing, Alert, and Response Network Act (47 U.S.C. 

13 1201 et seq.) or related orders of the Federal 

14 Communications Commission issued after the 

15 date of enactment of that Act. 

16 (2) PARTICIPATING COMMERCIAL MOBILE SERV17 ICE PROVIDER DEFINED.—For purposes of this sub18 section, the term ‘‘participating commercial mobile 

19 service provider’’ has the same meaning as such term 

20 has in section 10.10(f) of title 47, Code of Federal 

21 Regulations, as in effect on the date of the enactment 

22 of this Act. 

23 (c) HOMELAND SECURITY GRANTS.—Section 2008(a) 

24 of the Homeland Security Act of 2002 (6 U.S.C. 609(a)) 

25 is amended— 


srobinson on DSK5SPTVN1PROD with BILLS
20 

•HR 1738 RH

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

2 end; 

3 (2) by redesignating paragraph (13) as para4 graph (14); and 

5 (3) by inserting after paragraph (12) the fol6 lowing new paragraph: 

7 ‘‘(13) improving public alert and warning capa8 bilities; and’’. 


srobinson on DSK5SPTVN1PROD with BILLS

srobinson on DSK5SPTVN1PROD with BILLS
Union Calendar No. 667 

114TH CONGRESS 

2D SESSION H. R. 1738 

[Report No. 114–854, Part I] 

A BILL 

To amend the Homeland Security Act of 2002 to 

mation, and for other purposes. homeland security information and other inforpublic alert and warning system to disseminate modernize and implement the national integrated direct the Secretary of Homeland Security to 

DECEMBER 8, 2016 

Reported from the Committee on Homeland Security 

D

with an amendment 

ECEMBER 8, 2016 

The Committee on Transportation and Infrastructure 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


srobinson on DSK5SPTVN1PROD with BILLS