[House Report 112-685]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-685
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION ACT OF 2012
_______
September 20, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. King of New York, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 3563]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3563) 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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 8
New Budget Authority, Entitlement Authority, and Tax Expenditures 8
Congressional Budget Office Estimate............................. 8
Statement of General Performance Goals and Objectives............ 10
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 10
Federal Mandates Statement....................................... 10
Preemption Clarification......................................... 10
Advisory Committee Statement..................................... 10
Applicability to Legislative Branch.............................. 10
Section-by-Section Analysis of the Legislation................... 11
Changes in Existing Law Made by the Bill, as Reported............ 13
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) numerous proven and tested technologies exist to enable
the Federal Government to enhance its dissemination of public
alerts and warnings;
(2) the expected benefits of these enhancements include--
(A) greater security, reliability, and redundancy of
the Federal Government's alert and warning
capabilities;
(B) rapid alert dissemination;
(C) an improved ability to notify remote locations;
(D) the ability to geographically target and deliver
alerts and warnings through multiple communication
modes; and
(E) the ability to permit homeland security grants to
be utilized for the purposes of modernizing public
alert and warning systems;
(3) there is a need to test the viability of delivering
messages through diverse communications modes to effectively
alert and warn the public;
(4) there is a need to modernize and improve the ability of
the Federal Government to provide residents of the United
States with timely and effective warnings; and
(5) although significant Federal integration efforts are
underway, the aggregation, dissemination, and reporting system
necessary for effective public alert and warning will require
an integrated national network for reliable, secure, and
authentic dissemination of emergency alerts and warnings by
Federal, State, local, and tribal entities that are authorized
to issue alerts to the public.
SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
(a) In General.--
(1) Amendment.--Title V of the Homeland Security Act of 2002
(6 U.S.C. 311 et seq.) is amended by adding at the end of the
following new section:
``SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
``(a) In General.--In order to provide timely and effective warnings
and disseminate homeland security information and other information,
the Secretary shall, considering the recommendations of the advisory
committee established under subsection (d), modernize and implement the
national integrated public alert and warning system (in this section
referred to as `the public alert and warning system').
``(b) Implementation Requirements.--In carrying out subsection (a),
the Secretary shall--
``(1) establish or adapt, as appropriate, common alerting and
warning protocols, standards, terminology, and operating
procedures for the public alert and warning system;
``(2) include in the public alert and warning system the
capability to adapt the dissemination of homeland security
information and other information and the content of
communications on the basis of geographic location, risks, or
personal user preferences, as appropriate;
``(3) include in the public alert and warning system the
capability to alert, warn, and provide the equivalent amount of
information to individuals with disabilities and access and
functional needs;
``(4) ensure the conduct of training, tests, and exercises
for the public alert and warning system, and that the system is
incorporated into other training and exercise programs of the
Department, as appropriate;
``(5) ensure that ongoing training, integrated into the
National Incident Management System, for receiving and
disseminating public alert and warning system messages
utilizing advanced technologies is provided to State, local,
tribal, and other homeland security stakeholders involved in
the transmission of such messages;
``(6) ensure that the public alert and warning system uses
the National Terrorism Advisory System, including ensuring that
the National Terrorism Advisory System participates in tests of
the public alert and warning system;
``(7) conduct, at least once every 3 years, periodic
nationwide tests of the public alert and warning system; and
``(8) consult, coordinate, and cooperate, to the extent
practicable, with other Federal agencies and departments and
with State, local, and tribal governments, the private sector,
and other key stakeholders to leverage existing alert and
warning capabilities.
``(c) System Requirements.--The Secretary shall ensure that the
system--
``(1) incorporates redundant and diverse modes to disseminate
homeland security information and other information in warning
messages to the public so as to reach the greatest number of
individuals;
``(2) can be adapted to incorporate future technologies;
``(3) is resilient, secure, and can withstand acts of
terrorism and other external attacks;
``(4) promotes State, local, tribal, and regional
partnerships to enhance coordination;
``(5) is designed to provide alerts that are accessible to
the largest portion of the affected population feasible,
including nonresident visitors and tourists and individuals
with disabilities and access and functional needs;
``(6) is designed to improve the ability of remote areas and
areas with underdeveloped telecommunications infrastructure to
receive alerts; and
``(7) includes mechanisms to ensure the protection of
individual privacy.
``(d) Integrated Public Alert and Warning System Modernization
Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Integrated Public Alert and Warning System
Modernization Act of 2012, the Secretary shall establish an
advisory committee to be known as the Integrated Public Alert
and Warning System Advisory Committee (in this subsection
referred to as the `Advisory Committee').
``(2) Membership.--The Advisory Committee shall be composed
of the following members:
``(A) The Chairman of the Federal Communications
Commission (or the Chairman's designee).
``(B) The Administrator of the National Oceanic and
Atmospheric Administration (or the Administrator's
designee).
``(C) The Assistant Secretary for Communications and
Information of the Department of Commerce (or the
Assistant Secretary's designee).
``(D) The Under Secretary for Science and Technology
of the Department of Homeland Security.
``(E) The Director of the Office of Disability
Integration and Coordination of the Federal Emergency
Management Agency.
``(F) The following members, to be appointed by the
Secretary as soon as practicable after the date of
enactment of the Integrated Public Alert and Warning
System Modernization Act of 2012:
``(i) Representatives of State and local
governments, representatives of emergency
management agencies, representatives of
emergency response providers, and
representatives of emergency communication
providers, selected from among individuals
nominated by national organizations
representing governments and personnel.
``(ii) Representatives from federally
recognized Indian tribes and national Indian
organizations.
``(iii) Individuals who have the requisite
technical knowledge and expertise to serve on
the Advisory Committee, including
representatives of--
``(I) communications service
providers;
``(II) vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for the
provision of communications services;
``(III) third-party service bureaus;
``(IV) the broadcasting industry;
``(V) the cellular industry;
``(VI) the cable industry;
``(VII) the satellite industry;
``(VIII) national organizations
representing individuals with
disabilities and access and functional
needs, and the elderly; and
``(IX) national organizations
representing educational institutions,
including higher education.
``(iv) Qualified representatives of such
other stakeholders and interested and affected
parties as the Secretary considers appropriate.
``(3) Chairperson.--The Secretary (or the Secretary's
designee) shall serve as the Chairperson of the Advisory
Committee.
``(4) Meetings.--
``(A) Initial meeting.--The initial meeting of the
Advisory Committee shall take place not later than 120
days after the date of enactment of the Integrated
Public Alert and Warning System Modernization Act of
2012.
``(B) Other meetings.--After the initial meeting, the
Advisory Committee shall meet, at least annually, at
the call of the Chairperson.
``(C) Notice; open meetings.--Meetings held by the
Advisory Committee shall be duly noticed at least 14
days in advance and shall be open to the public.
``(5) Rules.--The Advisory Committee may adopt such rules as
are necessary to carry out its duties.
``(6) Consultation with nonmembers.--The Advisory Committee
and the program office for the integrated public alert and
warning system of the United States shall regularly meet with
groups that are not represented on the Advisory Committee to
consider new and developing technology that may be beneficial
to the public alert and warning system, such as--
``(A) the Defense Advanced Research Projects Agency;
``(B) entities engaged in federally funded research;
and
``(C) academic institutions engaged in relevant work
and research.
``(7) Recommendations.--The Advisory Committee shall develop
and submit in the annual reports under paragraph (8)
recommendations for the continuation and improvement of an
integrated public alert and warning system, including--
``(A) recommendations for common alerting and warning
protocols, standards, terminology, and operating
procedures for the public alert and warning system;
``(B) an assessment of the accomplishments and
deficiencies of the public alert and warning system, as
well as the impact on current alert and warning
systems;
``(C) recommendations for increasing participation in
the system, particularly among elementary, secondary,
and higher education institutions; and
``(D) recommendations for improvements to the system,
including recommendations to provide for a public alert
and warning system that--
``(i) has the capability to adapt the
distribution and content of communications on
the basis of geographic location, risks,
multiple communication systems and technologies
or personal user preferences, as appropriate;
``(ii) has the capability to alert and warn
individuals with disabilities and access and
functional needs and individuals with limited
English proficiency;
``(iii) incorporates multiple communications
technologies;
``(iv) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
``(v) encourages proper use by State and
local governments of the public alert and
warning system through training programs and
other means;
``(vi) is designed to provide alerts to the
largest portion of the affected population
feasible, including nonresident visitors and
tourists, and improve the ability of remote
areas to receive alerts;
``(vii) promotes local and regional public
and private partnerships to enhance community
preparedness and response;
``(viii) promotes the participation of
representatives from underserved and
underrepresented communities, to ensure that
alerts and warnings reach such populations; and
``(ix) provides redundant alert mechanisms
where practicable so as to reach the greatest
number of people regardless of whether they
have access to, or utilize, any specific medium
of communication or any particular device.
``(8) Report.--Not later than 1 year after the date of
enactment of the Integrated Public Alert and Warning System
Modernization Act of 2012, and every year after, the Advisory
Committee shall submit to the Secretary a report containing the
recommendations of the Advisory Committee.
``(9) Federal advisory committee act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the
Advisory Committee.
``(e) Report.--Not later than 1 year after the date on which the
system established under subsection (a) is fully functional and every
six months thereafter, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, a report on
the functionality and performance of the integrated public alert and
warning system, including--
``(1) the findings of the most recent Advisory Committee
report under subsection (d)(8);
``(2) an assessment of the accomplishments and deficiencies
of the system;
``(3) recommendations for improvements to the system; and
``(4) information on the feasibility and effectiveness of
disseminating homeland security information and other
information, notices, and alerts prior to and following an
incident requiring use of the system.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $13,400,000 for
each of fiscal years 2013 through 2017.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such title the following:
``Sec. 526. National integrated public alert and warning system
modernization.''.
(b) Limitation on Statutory Construction.--Nothing in this Act
(including the amendment made by this Act) shall be construed to affect
the authority of the Department of Commerce, the Federal Communications
Commission, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
(c) Homeland Security Grants.--Section 2008(a) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) improving public alert and warning capabilities;
and''.
Purpose and Summary
The purpose of H.R. 3563 is to authorize the Integrated
Public Alert and Warning System (IPAWS) to ensure the timely
and effective distribution of alerts and warnings.
Background and Need for Legislation
Since its establishment in April 2007, the Department of
Homeland Security (DHS) Integrated Public Alert and Warning
System (IPAWS) Program Management Office (PMO) has been
operating without Congressional authorization. Given the
significant progress that the PMO has accomplished since its
establishment, the time has come for Congress to provide the
necessary support and direction to ensure that IPAWS reaches
its goals. This legislation provides the Secretary with
direction on the necessary system requirements that IPAWS must
achieve, such as the ability to provide timely alerts and
warnings to the largest segment of the population possible.
This legislation is the product of a number of hearings
held by the Subcommittee on Emergency Preparedness, Response,
and Communications in the 112th and previous Congresses,
including a July 8, 2011, hearing entitled, ``Communicating
With the Public During Emergencies: An Update on Federal Alerts
and Warnings,'' which focused specifically on IPAWS and at
which Members of the Subcommittee received testimony from
Federal witnesses and stakeholders. The Subcommittee continued
its oversight of IPAWS at a November 17, 2011, hearing, which
explored the various emergency communications offices and
programs at the Department of Homeland Security. The director
of the IPAWS PMO testified at that hearing and provided Members
of the Subcommittee with an update on the national test of the
Emergency Alert System and implementation of the Commercial
Mobile Alert System (CMAS).
Hearings
The Committee did not hold any hearings on H.R. 3563;
however, the Committee held the following oversight hearings:
On July 8, 2011, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing
entitled, ``Communicating With the Public During Emergencies:
An Update on Federal Alert and Warnings.'' The Subcommittee
received testimony from Mr. Damon Penn, Assistant
Administrator, National Continuity Programs, Federal Emergency
Management Agency, Department of Homeland Security; RADM James
A. Barnett, Chief, Public Safety and Homeland Security Bureau,
Federal Communications Commission; Mr. Christopher Guttman-
McCabe, Vice President, Regulatory Affairs, CTIA--The Wireless
Association; Ms. Suzanne D. Goucher, President and CEO, Maine
Association of Broadcasters, testifying on behalf of the
National Alliance of State Broadcasting Associations; and Mr.
Allen W. Kniphfer, Emergency Coordinator, Jefferson County,
Alabama.
On November 17, 2011, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing
entitled, ``Ensuring Coordination and Cooperation: A Review of
the Emergency Communications Offices Within the Department of
Homeland Security.'' The Subcommittee received testimony from
Mr. Chris Essid, Director, Office of Emergency Communications,
Department of Homeland Security; Mr. John O'Connor, Manager,
National Coordinating Center for Communications, National
Protection and Programs Directorate, Department of Homeland
Security; Mr. Damon Penn, Assistant Administrator, National
Continuity Programs, Federal Emergency Management Agency,
Department of Homeland Security; Mr. Eric Edwards, Director,
Disaster Emergency Communications Division, Response
Directorate, Federal Emergency Management Agency, Department of
Homeland Security; and Ms. Linda K. Moore, Specialist in
Telecommunications and Spectrum Policy, Congressional Research
Service.
Committee Consideration
The Subcommittee on Emergency Preparedness, Response, and
Communications met on December 8, 2011, to consider H.R. 3563,
and ordered the measure to be reported to the Full Committee
with a favorable recommendation, amended, by voice vote. The
Subcommittee took the following actions:
The Subcommittee adopted H.R. 3563, as amended, by voice
vote.
The following amendments were offered:
An Amendment by Ms. Richardson (#1); was WITHDRAWN by
unanimous consent.
Page 5, strike lines 1 through 2 and insert a new paragraph
``(6) conduct a nationwide test of the public alert and
warning system not less than once every two years in
coordination with State, local, tribal, and other homeland
security stakeholders; and;''
An Amendment by Ms. Richardson (#2); was AGREED TO by voice
vote.
Page 4, after line 19, insert a new paragraph (and redesignate the
subsequent paragraphs accordingly)
``(4) ensure that ongoing training for receiving and
dissemination public alert and warning system messages
utilizing advanced technologies is provided to State, local,
tribal, and other homeland security stakeholders involved in
the transmission of such messages.''
The Committee met on March 28, 2012, to consider H.R. 3563,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Bilirakis (#1); was AGREED TO by voice vote.
A unanimous consent request by Mr. Bilirakis to insert after ``with''
on page 11, line 2, ``disabilities and''; was not objected to.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. McCaul (#1A); was AGREED TO by unanimous
consent.
Page 4, line 12, after ``training'' insert ``, integrated into the
National Incident Management System,''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson (#1B); was AGREED TO by unanimous
consent.
Page 5, beginning at line 22, strike ``needs'' and all that follows
through line 23 and insert ``needs;''.
Page 5 after line 23, insert the following, (and redesignate
accordingly:
``(6) is designed to improve the ability of remote areas and
areas with underdeveloped telecommunications infrastructure to
receive alerts; and
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Richardson (#1C); was AGREED TO by unanimous
consent.
Page 8, line 10, strike ``and'' after the semicolon.
Page 8, line 14, strike the period and insert ``; and''.
Page 8, after line 14, insert the following:
``(IX) national organizations representing educational
institutions, including higher education.
Page 10, line 15, strike ``and'' after the semicolon.
Page 10, after line 15, insert the following (and redesignate the
subsequent quoted subparagraph accordingly):
``(C) recommendations for increasing participation in the
system, particularly among elementary, secondary, and higher
education institutions; and.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Jackson Lee (#1D); was AGREED TO by unanimous
consent.
Page 11, line 21, strike ``and'' after the semicolon.
``(viii) promotes the participation of representatives from
underserved and underrepresented communities, to ensure that
alerts and warnings reach such populations; and''.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Hahn (#1E); was WITHDRAWN by unanimous consent.
Page 4, line 23, strike ``and''.
Page 4, after line 23, insert the following (and redesignate the
subsequent paragraph accordingly):
``(8) consult with the Administrator of the National Oceanic
and Atmospheric Administration to ensure the Alaska Tsunami
Warning Center are capable of participating in tests of the
public alert and warning system; and;
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 3563.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3563, the Integrated Public Alert and Warning System
Modernization Act of 2011, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 16, 2012.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3563, the
Integrated Public Alert and Warning System Modernization Act of
2012.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3563--Integrated Public Alert and Warning System Modernization Act
of 2012
Summary: H.R. 3563 would authorize appropriations totaling
$67 million over the 2013-2017 period for the Department of
Homeland Security (DHS) to modernize the Integrated Public
Alert Warning System (IPAWS), a system for issuing nationwide
alerts regarding emergency situations. The bill also would
establish a committee to develop and submit recommendations for
continuing and improving the system. CBO estimates that
implementing H.R. 3563 would result in discretionary spending
totaling $38 million over the next five years and $29 million
in subsequent years after 2017, assuming appropriation of the
specified amounts.
Enacting this legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 3563 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3563 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 13 13 13 13 13 67
Estimated Outlays....................................... 5 8 10 13 13 38
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted by the end of 2012 and that amounts
specified will be appropriated for each year.
H.R. 3563 would authorize the appropriation of $13.4
million per year over the 2013-2017 period (for a total of $67
million) for DHS to modernize and implement IPAWS. The annual
authorization level is roughly the same amount that CBO
estimates was allocated for that activity in 2012.
IPAWS utilizes multiple technologies (for example,
satellite radios, computers, and cellular phones) in addition
to traditional radio and television communications to provide
information about an impending or ongoing emergency situation.
The bill specifies several criteria that a modernized IPAWS
would be required to meet. DHS is currently pursuing several of
these criteria under Executive Order 13407. Other goals not
specified by that order, but set forth by the bill, include
ensuring that state and local governments and other
stakeholders are trained to use the system, as appropriate, and
that nationwide tests be conducted at least once every three
years.
The bill also would establish an advisory committee to
develop recommendations to continue improvements to IPAWS.
Within one year of enactment, the committee would be required
to submit a report outlining those recommendations.
Based on the rate of prior spending by DHS for similar
activities, CBO estimates that implementing H.R. 3563 would
result in discretionary spending totaling $38 million over the
next five years and $29 million in later years, assuming
appropriation of the specified amounts.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 3563
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Daniel Hoople: Impact
on state, local, and tribal governments: Melissa Merrell;
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 3563 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
H.R. 3563 authorizes the Integrated Public Alert and
Warning System with the goal of providing reliable alerts and
warnings to the American public though diverse modes of
communications.
To ensure efficient and effective System performance, H.R.
3563 requires the Secretary of Homeland Security to report to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs in the Senate within one year of the
Integrated Public Alert and Warning System becoming fully
functional and every six months thereafter on the functionality
and performance of the system. In addition, the bill includes
requirements for the periodic testing of the system.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3563 does
not preempt any State, local, or Tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate
to the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that H.R. 3563 may be cited as the
``Integrated Public Alert and Warning System Modernization Act
of 2011.''
Sec. 2. Findings
This section sets forth a number of findings, which
include:
Technologies allow for the enhancement of the
Federal Government's alert and warning system.
Greater security, reliability, and ability to
notify remote locations and to geographically target
alerts to multiple devices, are all benefits of these
enhancements.
A need to modernize and improve the ability of the
Federal Government to warn citizens of impending
threats.
Sec. 3. National integrated public alert and warning system
modernization
This section amends Title V of the Homeland Security Act of
2002 by adding a new section, 526, which directs the Secretary
of Homeland Security (Secretary) to modernize and implement the
national integrated public alert and warning system.
Implementation requirements
This section requires the Secretary to adopt certain
requirements, including common standards and protocols,
terminology, and common operating procedures in the system. The
system must be able to send messages to a specific geographic
location and enable persons with disabilities to receive
alerts. Training on message dissemination must be incorporated
into Department of Homeland Security's (DHS) exercise programs
and the National Incident Management System (NIMS). The system
must be tested periodically and the National Terrorism Advisory
System must participate in these tests. Coordination between
Federal, State, local, and tribal governments as well as
private sector stakeholders must be leveraged.
The Committee notes the importance of provisions in the
bill requiring the Secretary to consult, coordinate, and
cooperate, to the extent practicable, with other Federal
agencies and departments, and with State, local, and tribal
governments, the private sector, and other key stakeholders to
leverage existing alert and warning capabilities. In
particular, the Committee directs the Secretary to work with
the Administrator of the National Oceanic and Atmospheric
Administration to ensure that the West Coast and Alaska Tsunami
Warning Center and the Pacific Tsunami Warning Center are
capable of providing timely and accurate tsunami warnings and
participating in tests of the Integrated Public Alert and
Warning System.
System requirements
This section requires the Secretary to ensure that the
system incorporates redundant and diverse modes of
communications to deliver messages and alerts and that future
technology must be adaptable to the system. The system must be
hardened to withstand natural disasters and terrorist attacks
and regional partnerships between States must be promoted. The
system must improve the ability of remote areas and areas with
underdeveloped telecommunications infrastructure to receive
alerts, and include mechanisms to ensure the protection of
individual privacy.
Language in sections 526(b)(3) and 526(c)(5) requires that
the system be designed to provide alerts that are accessible to
the largest portion of the affected population feasible,
including individuals with disabilities and access and
functional needs and non-resident visitors and tourists.
Pursuant to the 21st Century Communications Video Accessibility
Act of 2010, private sector partners, including participants on
the Federal Communications Commission's Video Programming
Accessibility Advisory Committee, are working through the
issues associated with improving the access of individuals with
disabilities to communications services and equipment,
including during times of emergency. This language is intended
to facilitate the dissemination, where appropriate, of non-
English language emergency messages as they are received by
IPAWS participants from the public alert and warning system,
but does not mandate that broadcasters translate the message
into multiple languages.
Advisory Committee
The legislation establishes an IPAWS Advisory Committee
composed of Federal, State, local, and tribal representatives,
the private sector, educational institutions, and a consumer/
privacy advocate. The Advisory Committee is instructed to: meet
at least once a year; consult with outside groups to consider
new and developing technology; and issue a yearly report to the
Secretary of Homeland Security with recommendations on how to
improve IPAWS.
Report
One year after the date on which the system becomes fully
functional and every six months thereafter, the section
requires the Secretary to submit a report to the House
Committee on Homeland Security and the Senate Committee on
Homeland Security and Governmental Affairs on the findings of
the advisory committee report, the functionality and
performance of the system, including a list of accomplishments
and deficiencies, recommended improvements, and information on
the effectiveness of the system, including among educational
institutions and underserved and underrepresented communities.
Authorization of appropriations
The section authorizes $13.4 million for each of fiscal
years 2013 through 2017.
Limitation on statutory construction
Nothing in this legislation shall be construed to affect
the authority of the Department of Commerce, the Federal
Communications Commission, or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Sec. 526. National integrated public alert and warning system
modernization.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
(a) In General.--In order to provide timely and effective
warnings and disseminate homeland security information and
other information, the Secretary shall, considering the
recommendations of the advisory committee established under
subsection (d), modernize and implement the national integrated
public alert and warning system (in this section referred to as
``the public alert and warning system'').
(b) Implementation Requirements.--In carrying out subsection
(a), the Secretary shall--
(1) establish or adapt, as appropriate, common
alerting and warning protocols, standards, terminology,
and operating procedures for the public alert and
warning system;
(2) include in the public alert and warning system
the capability to adapt the dissemination of homeland
security information and other information and the
content of communications on the basis of geographic
location, risks, or personal user preferences, as
appropriate;
(3) include in the public alert and warning system
the capability to alert, warn, and provide the
equivalent amount of information to individuals with
disabilities and access and functional needs;
(4) ensure the conduct of training, tests, and
exercises for the public alert and warning system, and
that the system is incorporated into other training and
exercise programs of the Department, as appropriate;
(5) ensure that ongoing training, integrated into the
National Incident Management System, for receiving and
disseminating public alert and warning system messages
utilizing advanced technologies is provided to State,
local, tribal, and other homeland security stakeholders
involved in the transmission of such messages;
(6) ensure that the public alert and warning system
uses the National Terrorism Advisory System, including
ensuring that the National Terrorism Advisory System
participates in tests of the public alert and warning
system;
(7) conduct, at least once every 3 years, periodic
nationwide tests of the public alert and warning
system; and
(8) consult, coordinate, and cooperate, to the extent
practicable, with other Federal agencies and
departments and with State, local, and tribal
governments, the private sector, and other key
stakeholders to leverage existing alert and warning
capabilities.
(c) System Requirements.--The Secretary shall ensure that the
system--
(1) incorporates redundant and diverse modes to
disseminate homeland security information and other
information in warning messages to the public so as to
reach the greatest number of individuals;
(2) can be adapted to incorporate future
technologies;
(3) is resilient, secure, and can withstand acts of
terrorism and other external attacks;
(4) promotes State, local, tribal, and regional
partnerships to enhance coordination;
(5) is designed to provide alerts that are accessible
to the largest portion of the affected population
feasible, including nonresident visitors and tourists
and individuals with disabilities and access and
functional needs;
(6) is designed to improve the ability of remote
areas and areas with underdeveloped telecommunications
infrastructure to receive alerts; and
(7) includes mechanisms to ensure the protection of
individual privacy.
(d) Integrated Public Alert and Warning System Modernization
Advisory Committee.--
(1) Establishment.--Not later than 90 days after the
date of enactment of the Integrated Public Alert and
Warning System Modernization Act of 2012, the Secretary
shall establish an advisory committee to be known as
the Integrated Public Alert and Warning System Advisory
Committee (in this subsection referred to as the
``Advisory Committee'').
(2) Membership.--The Advisory Committee shall be
composed of the following members:
(A) The Chairman of the Federal
Communications Commission (or the Chairman's
designee).
(B) The Administrator of the National Oceanic
and Atmospheric Administration (or the
Administrator's designee).
(C) The Assistant Secretary for
Communications and Information of the
Department of Commerce (or the Assistant
Secretary's designee).
(D) The Under Secretary for Science and
Technology of the Department of Homeland
Security.
(E) The Director of the Office of Disability
Integration and Coordination of the Federal
Emergency Management Agency.
(F) The following members, to be appointed by
the Secretary as soon as practicable after the
date of enactment of the Integrated Public
Alert and Warning System Modernization Act of
2012:
(i) Representatives of State and
local governments, representatives of
emergency management agencies,
representatives of emergency response
providers, and representatives of
emergency communication providers,
selected from among individuals
nominated by national organizations
representing governments and personnel.
(ii) Representatives from federally
recognized Indian tribes and national
Indian organizations.
(iii) Individuals who have the
requisite technical knowledge and
expertise to serve on the Advisory
Committee, including representatives
of--
(I) communications service
providers;
(II) vendors, developers, and
manufacturers of systems,
facilities, equipment, and
capabilities for the provision
of communications services;
(III) third-party service
bureaus;
(IV) the broadcasting
industry;
(V) the cellular industry;
(VI) the cable industry;
(VII) the satellite industry;
(VIII) national organizations
representing individuals with
disabilities and access and
functional needs, and the
elderly; and
(IX) national organizations
representing educational
institutions, including higher
education.
(iv) Qualified representatives of
such other stakeholders and interested
and affected parties as the Secretary
considers appropriate.
(3) Chairperson.--The Secretary (or the Secretary's
designee) shall serve as the Chairperson of the
Advisory Committee.
(4) Meetings.--
(A) Initial meeting.--The initial meeting of
the Advisory Committee shall take place not
later than 120 days after the date of enactment
of the Integrated Public Alert and Warning
System Modernization Act of 2012.
(B) Other meetings.--After the initial
meeting, the Advisory Committee shall meet, at
least annually, at the call of the Chairperson.
(C) Notice; open meetings.--Meetings held by
the Advisory Committee shall be duly noticed at
least 14 days in advance and shall be open to
the public.
(5) Rules.--The Advisory Committee may adopt such
rules as are necessary to carry out its duties.
(6) Consultation with nonmembers.--The Advisory
Committee and the program office for the integrated
public alert and warning system of the United States
shall regularly meet with groups that are not
represented on the Advisory Committee to consider new
and developing technology that may be beneficial to the
public alert and warning system, such as--
(A) the Defense Advanced Research Projects
Agency;
(B) entities engaged in federally funded
research; and
(C) academic institutions engaged in relevant
work and research.
(7) Recommendations.--The Advisory Committee shall
develop and submit in the annual reports under
paragraph (8) recommendations for the continuation and
improvement of an integrated public alert and warning
system, including--
(A) recommendations for common alerting and
warning protocols, standards, terminology, and
operating procedures for the public alert and
warning system;
(B) an assessment of the accomplishments and
deficiencies of the public alert and warning
system, as well as the impact on current alert
and warning systems;
(C) recommendations for increasing
participation in the system, particularly among
elementary, secondary, and higher education
institutions; and
(D) recommendations for improvements to the
system, including recommendations to provide
for a public alert and warning system that--
(i) has the capability to adapt the
distribution and content of
communications on the basis of
geographic location, risks, multiple
communication systems and technologies
or personal user preferences, as
appropriate;
(ii) has the capability to alert and
warn individuals with disabilities and
access and functional needs and
individuals with limited English
proficiency;
(iii) incorporates multiple
communications technologies;
(iv) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
(v) encourages proper use by State
and local governments of the public
alert and warning system through
training programs and other means;
(vi) is designed to provide alerts to
the largest portion of the affected
population feasible, including
nonresident visitors and tourists, and
improve the ability of remote areas to
receive alerts;
(vii) promotes local and regional
public and private partnerships to
enhance community preparedness and
response;
(viii) promotes the participation of
representatives from underserved and
underrepresented communities, to ensure
that alerts and warnings reach such
populations; and
(ix) provides redundant alert
mechanisms where practicable so as to
reach the greatest number of people
regardless of whether they have access
to, or utilize, any specific medium of
communication or any particular device.
(8) Report.--Not later than 1 year after the date of
enactment of the Integrated Public Alert and Warning
System Modernization Act of 2012, and every year after,
the Advisory Committee shall submit to the Secretary a
report containing the recommendations of the Advisory
Committee.
(9) Federal advisory committee act.--Neither the
Federal Advisory Committee Act (5 U.S.C. App.) nor any
rule, order, or regulation promulgated under that Act
shall apply to the Advisory Committee.
(e) Report.--Not later than 1 year after the date on which
the system established under subsection (a) is fully functional
and every six months thereafter, the Secretary shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, a report on the
functionality and performance of the integrated public alert
and warning system, including--
(1) the findings of the most recent Advisory
Committee report under subsection (d)(8);
(2) an assessment of the accomplishments and
deficiencies of the system;
(3) recommendations for improvements to the system;
and
(4) information on the feasibility and effectiveness
of disseminating homeland security information and
other information, notices, and alerts prior to and
following an incident requiring use of the system.
(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$13,400,000 for each of fiscal years 2013 through 2017.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2008. USE OF FUNDS.
(a) Permitted Uses.--The Administrator shall permit the
recipient of a grant under section 2003 or 2004 to use grant
funds to achieve target capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
through--
(1) * * *
* * * * * * *
(12) any activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the State
Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program;
[and]
(13) improving public alert and warning capabilities;
and
[(13)] (14) any other appropriate activity, as
determined by the Administrator.
* * * * * * *