I 

112TH CONGRESS 

1ST SESSION H. R. 2904 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act to authorize 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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2011 

Mr. DENHAM (for himself, Ms. NORTON, and Mr. DIAZ-BALART) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize 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 2011’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to enable the Adminis3 trator of the Federal Emergency Management Agency to 

4 carry out the responsibilities required pursuant to section 

5 202 of the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5132). 

7 SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYS8 TEM MODERNIZATION. 

9 (a) IN GENERAL.—Section 202 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5132) is amended by adding at the end the 

12 following: 

13 ‘‘(e) INTEGRATED PUBLIC ALERT AND WARNING

14 SYSTEM MODERNIZATION.— 

15 ‘‘(1) IN GENERAL.—To provide timely and ef16 fective disaster warnings under this section, the 

17 President, acting through the Administrator of the 

18 Federal Emergency Management Agency, shall— 

19 ‘‘(A) modernize the integrated public alert 

20 and warning system of the United States (in 

21 this section referred to as the ‘public alert and 

22 warning system’) to ensure that the President 

23 under all conditions can alert and warn govern24 mental authorities and the civilian population in 

25 areas endangered by disasters as required pur26 suant to subsection (a); and 


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1 ‘‘(B) implement the public alert and warn2 ing system. 

3 ‘‘(2) IMPLEMENTATION REQUIREMENTS.—In 

4 carrying out paragraph (1), the Administrator shall, 

5 consistent with the recommendations in the final re6 port of the Integrated Public Alert and Warning 

7 System Advisory Committee (established under the 

8 Integrated Public Alert and Warning System Mod9 ernization Act of 2011)— 

10 ‘‘(A) establish or adopt, as appropriate, 

11 common alerting and warning protocols, stand12 ards, terminology, and operating procedures for 

13 the public alert and warning system; 

14 ‘‘(B) include in the public alert and warn15 ing system the capability to adapt the distribu16 tion and content of communications on the 

17 basis of geographic location, risks, or personal 

18 user preferences, as appropriate; 

19 ‘‘(C) include in the public alert and warn20 ing system the capability to alert and warn in21 dividuals with disabilities and individuals with 

22 limited English proficiency; and 

23 ‘‘(D) ensure that training, tests, and exer24 cises are conducted for the public alert and 

25 warning system. 


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1 ‘‘(3) SYSTEM REQUIREMENTS.—The public 

2 alert and warning system shall— 

3 ‘‘(A) incorporate multiple communications 

4 technologies; 

5 ‘‘(B) be designed to adapt to, and incor6 porate, future technologies for communicating 

7 directly with the public; 

8 ‘‘(C) be designed to provide alerts to the 

9 largest portion of the affected population fea10 sible, including nonresident visitors and tour11 ists, and improve the ability of remote areas to 

12 receive alerts; 

13 ‘‘(D) promote local and regional public and 

14 private partnerships to enhance community pre15 paredness and response; and 

16 ‘‘(E) provide redundant alert mechanisms 

17 if practicable so as to reach the greatest num18 ber of people regardless of whether they have 

19 access to, or utilize, any specific medium of 

20 communication or any particular device. 

21 ‘‘(4) IMPLEMENTATION PLAN.—Not later than 

22 6 months after the date of submission of the final 

23 report of the Integrated Public Alert and Warning 

24 System Advisory Committee, the Administrator shall 

25 submit to the Committee on Transportation and InVerDate Mar 15 2010 21:46 Sep 14, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2904.IH H2904

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1 frastructure of the House of Representatives and the 

2 Committee on Homeland Security and Governmental 

3 Affairs of the Senate a detailed plan to implement 

4 the public alert and warning system. The plan shall 

5 include a timeline for implementation, a spending 

6 plan, and recommendations for any additional au7 thority that may be necessary to fully implement 

8 this subsection. 

9 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this subsection $13,400,000 for each of fiscal years 

12 2012 and 2013 from amounts made available for 

13 management and administration.’’. 

14 (b) INTEGRATED PUBLIC ALERT AND WARNING SYS15 TEM MODERNIZATION ADVISORY COMMITTEE.— 

16 (1) ESTABLISHMENT.—Not later than 60 days 

17 after the date of enactment of this Act, the Adminis18 trator of the Federal Emergency Management Agen19 cy shall establish an advisory committee to be known 

20 as the Integrated Public Alert and Warning System 

21 Advisory Committee (in this subsection referred to 

22 as the ‘‘Advisory Committee’’). 

23 (2) MEMBERSHIP.—The Advisory Committee 

24 shall be composed of the following members, to be 


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1 appointed by the Administrator as soon as prac2 ticable after the date of enactment of this Act: 

3 (A) The Chairman of the Federal Commu4 nications Commission. 

5 (B) The Administrator of the National 

6 Oceanic and Atmospheric Administration of the 

7 Department of Commerce. 

8 (C) The Assistant Secretary for Commu9 nications and Information of the Department of 

10 Commerce. 

11 (D) Representatives of State and local gov12 ernments, representatives of emergency man13 agement agencies, and representatives of emer14 gency response providers, selected from among 

15 individuals nominated by national organizations 

16 representing governments and personnel. 

17 (E) Representatives from federally recog18 nized Indian tribes and national Indian organi19 zations. 

20 (F) Individuals who have the requisite 

21 technical knowledge and expertise to serve on 

22 the Advisory Committee, including representa23 tives of— 

24 (i) communications service providers; 


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1 (ii) vendors, developers, and manufac2 turers of systems, facilities, equipment, 

3 and capabilities for the provision of com4 munications services; 

5 (iii) third-party service bureaus; 

6 (iv) the broadcasting industry; 

7 (v) the national organization rep8 resenting the licensees and permittees of 

9 noncommercial broadcast television sta10 tions; 

11 (vi) the cellular industry; 

12 (vii) the cable industry; 

13 (viii) the satellite industry; and 

14 (ix) national organizations rep15 resenting individuals with special needs, in16 cluding individuals with disabilities and the 

17 elderly. 

18 (G) Qualified representatives of such other 

19 stakeholders and interested and affected parties 

20 as the Administrator considers appropriate. 

21 (3) CHAIRPERSON.—The Administrator shall 

22 serve as the Chairperson of the Advisory Committee. 

23 (4) MEETINGS.— 

24 (A) INITIAL MEETING.—The initial meet25 ing of the Advisory Committee shall take place 


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1 not later than 60 days after the date of enact2 ment of this Act. 

3 (B) OTHER MEETINGS.—After the initial 

4 meeting, the Advisory Committee shall meet at 

5 the call of the Chairperson. 

6 (C) NOTICE; OPEN MEETINGS.—Meetings 

7 held by the Advisory Committee shall be duly 

8 noticed at least 14 days in advance and shall be 

9 open to the public. 

10 (5) RULES.— 

11 (A) QUORUM.—One-third of the members 

12 of the Advisory Committee shall constitute a 

13 quorum for conducting business of the Advisory 

14 Committee. 

15 (B) SUBCOMMITTEES.—To assist the Advi16 sory Committee in carrying out its functions, 

17 the Chairperson may establish appropriate sub18 committees composed of members of the Advi19 sory Committee and other subject matter ex20 perts as the Chairperson considers necessary. 

21 (C) ADDITIONAL RULE.—The Advisory 

22 Committee may adopt such other rules as are 

23 necessary to carry out its duties. 

24 (6) RECOMMENDATIONS.—The Advisory Com25 mittee shall develop and submit in its final report 


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1 recommendations for an integrated public alert and 

2 warning system, including— 

3 (A) recommendations for common alerting 

4 and warning protocols, standards, terminology, 

5 and operating procedures for the public alert 

6 and warning system; 

7 (B) recommendations to provide for a pub8 lic alert and warning system that— 

9 (i) has the capability to adapt the dis10 tribution and content of communications 

11 on the basis of geographic location, risks, 

12 or personal user preferences, as appro13 priate; 

14 (ii) has the capability to alert and 

15 warn individuals with disabilities and indi16 viduals with limited English proficiency; 

17 (iii) incorporates multiple communica18 tions technologies; 

19 (iv) is designed to adapt to, and incor20 porate, future technologies for commu21 nicating directly with the public; 

22 (v) is designed to provide alerts to the 

23 largest portion of the affected population 

24 feasible, including nonresident visitors and 


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1 tourists, and improve the ability of remote 

2 areas to receive alerts; 

3 (vi) promotes local and regional public 

4 and private partnerships to enhance com5 munity preparedness and response; and 

6 (vii) 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 utilize, any 

10 specific medium of communication or any 

11 particular device. 

12 (7) FINAL REPORT.—Not later than 1 year 

13 after the date of enactment of this Act, the Advisory 

14 Committee shall submit to the Administrator, the 

15 Committee on Transportation and Infrastructure of 

16 the House of Representatives, and the Committee on 

17 Homeland Security and Governmental Affairs of the 

18 Senate a report containing the recommendations of 

19 the Advisory Committee. 

20 (8) FEDERAL ADVISORY COMMITTEE ACT.— 

21 Neither the Federal Advisory Committee Act (5 

22 U.S.C. App.) nor any rule, order, or regulation pro23 mulgated under that Act shall apply to the Advisory 

24 Committee. 


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1 (9) TERMINATION.—The Advisory Committee 

2 shall terminate not later than 60 days after the sub3 mission of its final report. 

4 (c) TECHNICAL CORRECTION.—Section 202(c) of the 

5 Robert T. Stafford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5132(c)) is amended by striking ‘‘sec7 tion 611(c)’’ and inserting ‘‘section 611(d)’’. 

8 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

9 Nothing in this section (including the amendment made 

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

11 of the Department of Commerce or the Federal Commu12 nications Commission. 

Æ 


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