[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2664 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2014''.
SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
``(a) In General.--To provide timely and effective warnings
regarding natural disasters, acts of terrorism, and other man-made
disasters or threats to public safety, the Administrator shall--
``(1) modernize the integrated public alert and warning
system of the United States (in this section referred to as the
`public alert and warning system') to help ensure that under
all conditions the President and, except to the extent the
public alert and warning system is in use by the President,
Federal agencies and State, tribal, and local governments can
alert and warn the civilian population in areas endangered by
natural disasters, acts of terrorism, and other man-made
disasters or threats to public safety; and
``(2) implement the public alert and warning system to
disseminate timely and effective warnings and homeland security
information regarding natural disasters, acts of terrorism, and
other man-made disasters or threats to public safety.
``(b) Implementation Requirements.--In carrying out subsection (a),
the Administrator shall--
``(1) establish or adopt, 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 distribution and content of
communications on the basis of geographic location, risks, and
multiple communication systems and technologies, as
appropriate;
``(3) include in the public alert and warning system the
capability to alert, warn, and provide equivalent information
to individuals with disabilities, individuals with access and
functional needs, and individuals with limited-English
proficiency, to the extent technically feasible;
``(4) ensure that training, tests, and exercises are
conducted for the public alert and warning system, including
by--
``(A) incorporating the public alert and warning
system into other training and exercise programs of the
Department, as appropriate;
``(B) establishing and integrating into the
National Incident Management System a comprehensive and
periodic training program to instruct and educate
Federal, State, tribal, and local government officials
in the use of the Common Alerting Protocol enabled
Emergency Alert System; and
``(C) conducting, not less than once every 3 years,
periodic nationwide tests of the public alert and
warning system;
``(5) to the extent practicable, ensure that the public
alert and warning system is resilient and secure and can
withstand acts of terrorism and other external attacks;
``(6) conduct public education efforts so that State,
tribal, and local governments, private entities, and the people
of the United States reasonably understand the functions of the
public alert and warning system and how to access, use, and
respond to information from the public alert and warning system
through a general market awareness campaign;
``(7) consult, coordinate, and cooperate with the
appropriate private sector entities and Federal, State, tribal,
and local governmental authorities, including the Regional
Administrators and emergency response providers; and
``(8) coordinate with and consider the recommendations of
the Integrated Public Alert and Warning System Subcommittee
established under section 2(b) of the Integrated Public Alert
and Warning System Modernization Act of 2014.
``(c) System Requirements.--The public alert and warning system
shall--
``(1) to the extent determined appropriate by the
Administrator, incorporate multiple communications
technologies;
``(2) be designed to adapt to, and incorporate, future
technologies for communicating directly with the public;
``(3) to the extent technically feasible, be designed--
``(A) to provide alerts to the largest portion of
the affected population feasible, including nonresident
visitors and tourists, individuals with disabilities,
individuals with access and functional needs, and
individuals with limited-English proficiency; and
``(B) to improve the ability of remote areas to
receive alerts;
``(4) promote local and regional public and private
partnerships to enhance community preparedness and response;
``(5) provide redundant alert mechanisms where practicable
so as to reach the greatest number of people; and
``(6) to the extent feasible, include a mechanism to ensure
the protection of individual privacy.
``(d) Use of System.--
``(1) Limitation.--Except to the extent necessary for
testing the public alert and warning system, the public alert
and warning system shall not be used to transmit a message that
does not relate to a natural disaster, act of terrorism, or
other man-made disaster or threat to public safety.
``(2) Consumer opt-out.--Nothing in this section shall be
construed to supersede section 602 of the SAFE Port Act (47
U.S.C. 1201).
``(e) Performance Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Integrated Public Alert and Warning System
Modernization Act of 2014, and annually thereafter through
2017, the Administrator shall make available on the public
website of the Agency a performance report, which shall--
``(A) establish performance goals for the
implementation of the public alert and warning system
by the Agency;
``(B) describe the performance of the public alert
and warning system, including--
``(i) the type of technology used for
alerts and warnings issued under the system;
``(ii) the measures taken to alert, warn,
and provide equivalent information to
individuals with disabilities, individuals with
access and function needs, and individuals with
limited-English proficiency; and
``(iii) the training, tests, and exercises
performed and the outcomes obtained by the
Agency;
``(C) identify significant challenges to the
effective operation of the public alert and warning
system and any plans to address these challenges;
``(D) identify other necessary improvements to the
system; and
``(E) provide an analysis comparing the performance
of the public alert and warning system with the
performance goals established under subparagraph (A).
``(2) Congress.--The Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Homeland Security of the House of
Representatives each report required under paragraph (1).''.
(b) Integrated Public Alert and Warning System Subcommittee.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Administrator of the Federal
Emergency Management Agency (in this subsection referred to as
the ``Administrator'') shall establish a subcommittee to the
National Advisory Council established under section 508 of the
Homeland Security Act of 2002 (6 U.S.C. 318) to be known as the
Integrated Public Alert and Warning System Subcommittee (in
this subsection referred to as the ``Subcommittee'').
(2) Membership.--Notwithstanding section 508(c) of the
Homeland Security Act of 2002 (6 U.S.C. 318(c)), the
Subcommittee shall be composed of the following members (or
their designees):
(A) The Deputy Administrator for Protection and
National Preparedness of the Federal Emergency
Management Agency.
(B) The Chairman of the Federal Communications
Commission.
(C) The Administrator of the National Oceanic and
Atmospheric Administration of the Department of
Commerce.
(D) The Assistant Secretary for Communications and
Information of the Department of Commerce.
(E) The Under Secretary for Science and Technology
of the Department of Homeland Security.
(F) The Under Secretary for the National Protection
and Programs Directorate.
(G) The Director of Disability Integration and
Coordination of the Federal Emergency Management
Agency.
(H) The Chairperson of the National Council on
Disability.
(I) Qualified individuals appointed by the
Administrator as soon as practicable after the date of
enactment of this Act from among the following:
(i) Representatives of State and local
governments, representatives of emergency
management agencies, and representatives of
emergency response providers.
(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 Subcommittee, 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, the blind, deaf, and
hearing-loss communities, individuals
with access and functional needs, and
the elderly;
(IX) consumer or privacy advocates;
and
(X) organizations representing
individuals with limited-English
proficiency.
(iv) Qualified representatives of such
other stakeholders and interested and affected
parties as the Administrator considers
appropriate.
(3) Chairperson.--The Deputy Administrator for Protection
and National Preparedness of the Federal Emergency Management
Agency shall serve as the Chairperson of the Subcommittee.
(4) Meetings.--
(A) Initial meeting.--The initial meeting of the
Subcommittee shall take place not later than 120 days
after the date of enactment of this Act.
(B) Other meetings.--After the initial meeting, the
Subcommittee shall meet, at least annually, at the call
of the Chairperson.
(5) Consultation with nonmembers.--The Subcommittee and the
program offices for the integrated public alert and warning
system for the United States shall consult with individuals and
entities that are not represented on the Subcommittee to
consider new and developing technologies that may be beneficial
to the public alert and warning system, including--
(A) the Defense Advanced Research Projects Agency;
(B) entities engaged in federally funded research;
and
(C) academic institutions engaged in relevant work
and research.
(6) Recommendations.--The Subcommittee shall--
(A) develop recommendations for an integrated
public alert and warning system; and
(B) in developing the recommendations under
subparagraph (A), consider--
(i) recommendations for common alerting and
warning protocols, standards, terminology, and
operating procedures for the public alert and
warning system; and
(ii) 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, or personal
user preferences, as appropriate;
(II) has the capability to alert
and warn individuals with disabilities
and individuals with limited-English
proficiency;
(III) to the extent appropriate,
incorporates multiple communications
technologies;
(IV) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
(V) 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;
(VI) promotes local and regional
public and private partnerships to
enhance community preparedness and
response; and
(VII) provides redundant alert
mechanisms, if practicable, to reach
the greatest number of people
regardless of whether they have access
to, or use, any specific medium of
communication or any particular device.
(7) Report.--
(A) Subcommittee submission.--Not later than 1 year
after the date of enactment of this Act, the
Subcommittee shall submit to the National Advisory
Council a report containing any recommendations
required to be developed under paragraph (6) for
approval by the National Advisory Council.
(B) Submission by national advisory council.--If
the National Advisory Council approves the
recommendations contained in the report submitted under
subparagraph (A), the National Advisory Council shall
submit the report to--
(i) the head of each agency represented on
the Subcommittee;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(iii) the Committee on Homeland Security
and the Committee on Transportation and
Infrastructure of the House of Representatives.
(8) Termination.--The Subcommittee shall terminate not
later than 3 years after the date of enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act and the amendments made by this Act
such sums as may be necessary for each of fiscal years 2015, 2016, and
2017.
(d) Effect on Obligations.--Nothing in this section shall be
construed to affect any existing obligations of the Federal
Communications Commission, the Department of Commerce, or any
nongovernmental entity.
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