Findings

Congress finds that— (1)numerous proven and tested technologies exist to enable the Federal Government to enhance its public alert and warning system; (2)the expected benefits of these enhancements include— (A)greater security, reliability, and redundancy of the system; (B)rapid alert dissemination; (C)an improved ability to notify remote locations; (D)the ability to geographically target and deliver alerts and warnings to multiple devices; and (E)the ability to permit State 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; (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 to and from all Federal, State, local, and tribal entities that alert the public when appropriate.

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 of the following new section:

525.

National integrated public alert and warning system modernization

(a)

In general

In order to provide timely and effective warnings and disseminate homeland security and other information, the Secretary shall— (1)establish a national integrated public alert and warning system (in this section referred to as the system) not later than two years after the date of the enactment of this section; and (2)designate an agency within the Department to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized Federal, State, local, and tribal governments to facilitate the transmission of the Commercial Mobile Alert System. (b)

Implementation requirements

In carrying out subsection (a), the Secretary shall— (1)establish, as appropriate, common alerting and warning protocols, standards of performance, and terminology for the system established under subsection (a)(1) by adopting, where appropriate, mechanisms that integrate various approaches developed by key stakeholders; (2)include in the system the capability to adapt the dissemination of homeland security and other information and the content of communications on the basis of geographic location, risks, or user preferences, as appropriate; (3)include in the system the capability to alert and warn populations with special needs; (4)ensure that the system is incorporated into the training and exercise programs of the Department; and (5)coordinate, to the extent practicable, with other Federal agencies and departments and with State, local, and tribal governments, 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 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)delivers alerts to populations in remote areas; and (5)promotes State, local, tribal, and regional partnerships to enhance coordination. (d)

Report

Not later than one 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)an assessment of the accomplishments and deficiencies of the system; (2)recommendations for improvements to the system; (3)information on the feasibility and effectiveness of disseminating homeland security and other information, notices, and alerts prior to and following an incident requiring use of the system. (e)

Commercial mobile alert system pilot program

(1)

In general

Not later than three months after the date of the enactment of this section, the Secretary shall develop within the integrated public alert and warning system the commercial mobile alert system to provide rapid dissemination of homeland security and other information over commercial mobile devices and conduct a pilot program for the purpose of increasing the reach of the integrated public alert and warning system. (2)

Scope

The Secretary shall select at least five States to participate in the pilot program. The Secretary shall ensure the participation of States that represent a geographic (including urban and rural) cross-section of the United States and that vary in risk to acts of terrorism. (3)

Termination

The authority to carry out a pilot program under this section shall terminate on the date that is six months after the date of the commencement of the pilot program. (4)

Report

Not later than three months after the termination of the pilot program, 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 containing— (A)a description and assessment of the effectiveness of the pilot program; (B)any findings and conclusions of the Secretary with respect to the pilot program; and (C)any recommendations for improvements to the commercial mobile alert system. (f)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $37,000,000 for fiscal year 2009 and such sums as may be necessary for each fiscal year thereafter.

(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 Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53) 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)permitting State, local, and tribal governments to improve public alert and warning capabilities; and

(d)

Criminal acts

It shall be unlawful to tamper or interfere with components of the system that are used or designed to deliver alerts and warnings that were purchased with public funds, including homeland security grants. A violation of section 525 of the Homeland Security Act of 2002 (as added by section 3 of this Act) shall be punishable by a fine of not more than $10,000, imprisonment for not more than ten years, or both.