II 

113TH CONGRESS 

2D SESSION S. 2664 

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 

JULY 24, 2014 

Mr. BEGICH (for himself and Ms. COLLINS) 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 2014’’. 


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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, acts of terrorism, 

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

11 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 help ensure that under all conditions the Presi16 dent and, except to the extent the public alert and 

17 warning system is in use by the President, Federal 

18 agencies and State, tribal, and local governments 

19 can alert and warn the civilian population in areas 

20 endangered by natural disasters, acts of terrorism, 

21 and other man-made disasters or threats to public 

22 safety; and 

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

24 system to disseminate timely and effective warnings 

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1 ural disasters, acts of terrorism, and other man2 made disasters or threats to public safety. 

3 ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In car4 rying out subsection (a), the Administrator shall— 

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

6 alerting and warning protocols, standards, termi7 nology, and operating procedures for the public alert 

8 and warning system; 

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

10 system the capability to adapt the distribution and 

11 content of communications on the basis of geo12 graphic location, risks, and multiple communication 

13 systems and technologies, as appropriate; 

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

15 system the capability to alert, warn, and provide 

16 equivalent information to individuals with disabil17 ities, individuals with access and functional needs, 

18 and individuals with limited-English proficiency, to 

19 the extent technically feasible; 

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

21 are conducted for the public alert and warning sys22 tem, including by— 

23 ‘‘(A) incorporating the public alert and 

24 warning system into other training and exercise 

25 programs of the Department, as appropriate; 


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1 ‘‘(B) establishing and integrating into the 

2 National Incident Management System a com3 prehensive and periodic training program to in4 struct and educate Federal, State, tribal, and 

5 local government officials in the use of the 

6 Common Alerting Protocol enabled Emergency 

7 Alert System; and 

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

9 3 years, periodic nationwide tests of the public 

10 alert and warning system; 

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

12 public alert and warning system is resilient and se13 cure and can withstand acts of terrorism and other 

14 external attacks; 

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

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

17 and the people of the United States reasonably un18 derstand the functions of the public alert and warn19 ing system and how to access, use, and respond to 

20 information from the public alert and warning sys21 tem through a general market awareness campaign; 

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

23 appropriate private sector entities and Federal, 

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1 cluding the Regional Administrators and emergency 

2 response providers; and 

3 ‘‘(8) coordinate with and consider the rec4 ommendations of the Integrated Public Alert and 

5 Warning System Subcommittee established under 

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

7 Warning System Modernization Act of 2014. 

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

9 warning system shall— 

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

11 the Administrator, incorporate multiple communica12 tions technologies; 

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

14 future technologies for communicating directly with 

15 the public; 

16 ‘‘(3) to the extent technically feasible, be de17 signed— 

18 ‘‘(A) to provide alerts to the largest por19 tion of the affected population feasible, includ20 ing nonresident visitors and tourists, individuals 

21 with disabilities, individuals with access and 

22 functional needs, and individuals with limited23 English proficiency; and 

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

25 to receive alerts; 


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1 ‘‘(4) promote local and regional public and pri2 vate partnerships to enhance community prepared3 ness and response; 

4 ‘‘(5) provide redundant alert mechanisms where 

5 practicable so as to reach the greatest number of 

6 people; and 

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

8 to ensure the protection of individual privacy. 

9 ‘‘(d) USE OF SYSTEM.— 

10 ‘‘(1) LIMITATION.—Except to the extent nec11 essary for testing the public alert and warning sys12 tem, the public alert and warning system shall not 

13 be used to transmit a message that does not relate 

14 to a natural disaster, act of terrorism, or other man15 made disaster or threat to public safety. 

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

17 section shall be construed to supersede section 602 

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

19 ‘‘(e) PERFORMANCE REPORTS.— 

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

21 the date of enactment of the Integrated Public Alert 

22 and Warning System Modernization Act of 2014, 

23 and annually thereafter through 2017, the Adminis24 trator shall make available on the public website of 

25 the Agency a performance report, which shall— 


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1 ‘‘(A) establish performance goals for the 

2 implementation of the public alert and warning 

3 system by the Agency; 

4 ‘‘(B) describe the performance of the pub5 lic alert and warning system, including— 

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

7 alerts and warnings issued under the sys8 tem; 

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

10 warn, and provide equivalent information 

11 to individuals with disabilities, individuals 

12 with access and function needs, and indi13 viduals with limited-English proficiency; 

14 and 

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

16 performed and the outcomes obtained by 

17 the Agency; 

18 ‘‘(C) identify significant challenges to the 

19 effective operation of the public alert and warn20 ing system and any plans to address these chal21 lenges; 

22 ‘‘(D) identify other necessary improve23 ments to the system; and 

24 ‘‘(E) provide an analysis comparing the 

25 performance of the public alert and warning 


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1 system with the performance goals established 

2 under subparagraph (A). 

3 ‘‘(2) CONGRESS.—The Administrator shall sub4 mit to the Committee on Homeland Security and 

5 Governmental Affairs of the Senate and the Com6 mittee on Transportation and Infrastructure and the 

7 Committee on Homeland Security of the House of 

8 Representatives each report required under para9 graph (1).’’. 

10 (b) INTEGRATED PUBLIC ALERT AND WARNING SYS11 TEM SUBCOMMITTEE.— 

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

13 after the date of enactment of this Act, the Adminis14 trator of the Federal Emergency Management Agen15 cy (in this subsection referred to as the ‘‘Adminis16 trator’’) shall establish a subcommittee to the Na17 tional Advisory Council established under section 

18 508 of the Homeland Security Act of 2002 (6 

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

20 Alert and Warning System Subcommittee (in this 

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

22 (2) MEMBERSHIP.—Notwithstanding section 

23 508(c) of the Homeland Security Act of 2002 (6 

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

25 of the following members (or their designees): 


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1 (A) The Deputy Administrator for Protec2 tion and National Preparedness of the Federal 

3 Emergency Management Agency. 

4 (B) The Chairman of the Federal Commu5 nications Commission. 

6 (C) The Administrator of the National 

7 Oceanic and Atmospheric Administration of the 

8 Department of Commerce. 

9 (D) The Assistant Secretary for Commu10 nications and Information of the Department of 

11 Commerce. 

12 (E) The Under Secretary for Science and 

13 Technology of the Department of Homeland Se14 curity. 

15 (F) The Under Secretary for the National 

16 Protection and Programs Directorate. 

17 (G) The Director of Disability Integration 

18 and Coordination of the Federal Emergency 

19 Management Agency. 

20 (H) The Chairperson of the National 

21 Council on Disability. 

22 (I) Qualified individuals appointed by the 

23 Administrator as soon as practicable after the 

24 date of enactment of this Act from among the 

25 following: 


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1 (i) Representatives of State and local 

2 governments, representatives of emergency 

3 management agencies, and representatives 

4 of emergency response providers. 

5 (ii) Representatives from federally rec6 ognized Indian tribes and national Indian 

7 organizations. 

8 (iii) Individuals who have the requisite 

9 technical knowledge and expertise to serve 

10 on the Subcommittee, including representa11 tives 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 bureaus; 

19 (IV) the broadcasting industry; 

20 (V) the cellular industry; 

21 (VI) the cable industry; 

22 (VII) the satellite industry; 

23 (VIII) national organizations rep24 resenting individuals with disabilities, 

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1 munities, individuals with access and 

2 functional needs, and the elderly; 

3 (IX) consumer or privacy advo4 cates; and 

5 (X) organizations representing 

6 individuals with limited-English pro7 ficiency. 

8 (iv) Qualified representatives of such 

9 other stakeholders and interested and af10 fected parties as the Administrator con11 siders appropriate. 

12 (3) CHAIRPERSON.—The Deputy Administrator 

13 for Protection and National Preparedness of the 

14 Federal Emergency Management Agency shall serve 

15 as the Chairperson of the Subcommittee. 

16 (4) MEETINGS.— 

17 (A) INITIAL MEETING.—The initial meet18 ing of the Subcommittee shall take place not 

19 later than 120 days after the date of enactment 

20 of this Act. 

21 (B) OTHER MEETINGS.—After the initial 

22 meeting, the Subcommittee shall meet, at least 

23 annually, at the call of the Chairperson. 

24 (5) CONSULTATION WITH NONMEMBERS.—The 

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1 grated public alert and warning system for the 

2 United States shall consult with individuals and en3 tities that are not represented on the Subcommittee 

4 to consider new and developing technologies that 

5 may be beneficial to the public alert and warning 

6 system, including— 

7 (A) the Defense Advanced Research 

8 Projects Agency; 

9 (B) entities engaged in federally funded re10 search; and 

11 (C) academic institutions engaged in rel12 evant work and research. 

13 (6) RECOMMENDATIONS.—The Subcommittee 

14 shall— 

15 (A) develop recommendations for an inte16 grated public alert and warning system; and 

17 (B) in developing the recommendations 

18 under subparagraph (A), consider— 

19 (i) recommendations for common 

20 alerting and warning protocols, standards, 

21 terminology, and operating procedures for 

22 the public alert and warning system; and 

23 (ii) recommendations to provide for a 

24 public alert and warning system that— 


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1 (I) has the capability to adapt 

2 the distribution and content of com3 munications on the basis of geo4 graphic location, risks, or personal 

5 user preferences, as appropriate; 

6 (II) has the capability to alert 

7 and warn individuals with disabilities 

8 and individuals with limited-English 

9 proficiency; 

10 (III) to the extent appropriate, 

11 incorporates multiple communications 

12 technologies; 

13 (IV) is designed to adapt to, and 

14 incorporate, future technologies for 

15 communicating directly with the pub16 lic; 

17 (V) is designed to provide alerts 

18 to the largest portion of the affected 

19 population feasible, including non20 resident visitors and tourists, and im21 prove the ability of remote areas to 

22 receive alerts; 

23 (VI) promotes local and regional 

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1 hance community preparedness and 

2 response; and 

3 (VII) provides redundant alert 

4 mechanisms, if practicable, to reach 

5 the greatest number of people regard6 less of whether they have access to, or 

7 use, any specific medium of commu8 nication or any particular device. 

9 (7) REPORT.— 

10 (A) SUBCOMMITTEE SUBMISSION.—Not 

11 later than 1 year after the date of enactment of 

12 this Act, the Subcommittee shall submit to the 

13 National Advisory Council a report containing 

14 any recommendations required to be developed 

15 under paragraph (6) for approval by the Na16 tional Advisory Council. 

17 (B) SUBMISSION BY NATIONAL ADVISORY

18 COUNCIL.—If the National Advisory Council ap19 proves the recommendations contained in the 

20 report submitted under subparagraph (A), the 

21 National Advisory Council shall submit the re22 port to— 

23 (i) the head of each agency rep24 resented on the Subcommittee; 


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1 (ii) the Committee on Homeland Se2 curity and Governmental Affairs of the 

3 Senate; and 

4 (iii) the Committee on Homeland Se5 curity and the Committee on Transpor6 tation and Infrastructure of the House of 

7 Representatives. 

8 (8) TERMINATION.—The Subcommittee shall 

9 terminate not later than 3 years after the date of 

10 enactment of this Act. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this Act 

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

14 be necessary for each of fiscal years 2015, 2016, and 

15 2017. 

16 (d) EFFECT ON OBLIGATIONS.—Nothing in this sec17 tion shall be construed to affect any existing obligations 

18 of the Federal Communications Commission, the Depart19 ment of Commerce, or any nongovernmental entity. 

Æ 


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