[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2591 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2591

     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act 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 HOUSE OF REPRESENTATIVES

                              May 21, 2009

Mr. Mario Diaz-Balart of Florida (for himself, Ms. Norton, Mr. Graves, 
  Mr. Cao, and Mr. Guthrie) 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 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 2009''.

SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.

    (a) In General.--Section 202 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by 
adding at the end the following:
    ``(e) Integrated Public Alert and Warning System Modernization.--
            ``(1) In general.--To provide timely and effective disaster 
        warnings under this section, the President, acting through the 
        Administrator of the Federal Emergency Management Agency, 
        shall--
                    ``(A) 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 ensure that the President under all conditions can 
                alert and warn governmental authorities and the 
                civilian population in areas endangered by disasters; 
                and
                    ``(B) implement the public alert and warning 
                system.
            ``(2) Implementation requirements.--In carrying out 
        paragraph (1), the Administrator shall, consistent with the 
        recommendations in the final report of the Integrated Public 
        Alert and Warning System Advisory Committee--
                    ``(A) establish or adopt, as appropriate, common 
                alerting and warning protocols, standards, terminology, 
                and operating procedures for the public alert and 
                warning system;
                    ``(B) 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, or personal user preferences, as 
                appropriate;
                    ``(C) include in the public alert and warning 
                system the capability to alert and warn individuals 
                with disabilities and individuals with limited English 
                proficiency; and
                    ``(D) ensure the conduct of training, tests, and 
                exercises for the public alert and warning system.
            ``(3) System requirements.--The public alert and warning 
        system shall--
                    ``(A) incorporate multiple communications 
                technologies;
                    ``(B) be designed to adapt to, and incorporate, 
                future technologies for communicating directly with the 
                public;
                    ``(C) be 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;
                    ``(D) promote local and regional public and private 
                partnerships to enhance community preparedness and 
                response; and
                    ``(E) provide 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.
            ``(4) Pilot programs.--
                    ``(A) In general.--The Administrator may conduct 
                pilot programs for the purpose of demonstrating the 
                feasibility of using a variety of methods for achieving 
                the system requirements specified in paragraph (3).
                    ``(B) Report.--Not later than 6 months after the 
                date of enactment of this subsection, and annually 
                thereafter for the duration of the pilot programs, the 
                Administrator shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate a report 
                containing--
                            ``(i) a description and assessment of the 
                        effectiveness of the pilot programs;
                            ``(ii) any recommendations of the 
                        Administrator for additional authority to 
                        continue the pilot programs or make any of the 
                        programs permanent; and
                            ``(iii) any other findings and conclusions 
                        of the Administrator with respect to the pilot 
                        programs.
            ``(5) Implementation plan.--Not later than 6 months after 
        the date of submission of the final report of the Integrated 
        Public Alert and Warning System Advisory Committee, the 
        Administrator shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a detailed plan for implementing this subsection. The 
        plan shall include a timeline for implementation, a spending 
        plan, and recommendations for any additional authority that may 
        be necessary to fully implement this subsection.
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $37,000,000 for 
        fiscal year 2010 and such sums as may be necessary for each 
        fiscal year thereafter.''.
    (b) Integrated Public Alert and Warning System Modernization 
Advisory Committee.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency 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, to be appointed by the Administrator 
        as soon as practicable after the date of enactment of this Act:
                    (A) The Chairman of the Federal Communications 
                Commission (or the Chairman's designee).
                    (B) The Administrator of the National Oceanic and 
                Atmospheric Administration of the Department of 
                Commerce (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) Representatives of State and local governments, 
                representatives of emergency management agencies, and 
                representatives of emergency response providers, 
                selected from among individuals nominated by national 
                organizations representing governments and personnel.
                    (E) Representatives from federally recognized 
                Indian tribes and national Indian organizations.
                    (F) 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 national organization representing 
                        the licensees and permittees of noncommercial 
                        broadcast television stations;
                            (vi) the cellular industry;
                            (vii) the cable industry;
                            (viii) the satellite industry; and
                            (ix) national organizations representing 
                        individuals with special needs, including 
                        individuals with disabilities and the elderly.
                    (G) Qualified representatives of such other 
                stakeholders and interested and affected parties as the 
                Administrator considers appropriate.
            (3) Chairperson.--The Administrator (or the Administrator'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 60 
                days after the date of enactment of this Act.
                    (B) Other meetings.--After the initial meeting, the 
                Advisory Committee shall meet 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.--
                    (A) Quorum.--One-third of the members of the 
                Advisory Committee shall constitute a quorum for 
                conducting business of the Advisory Committee.
                    (B) Subcommittees.--To assist the Advisory 
                Committee in carrying out its functions, the 
                Chairperson may establish appropriate subcommittees 
                composed of members of the Advisory Committee and other 
                subject matter experts as the Chairperson considers 
                necessary.
                    (C) Additional rules.--The Advisory Committee may 
                adopt such other rules as are necessary to carry out 
                its duties.
            (6) Recommendations.--The Advisory Committee shall develop 
        and submit in its final report recommendations for 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) 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) 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 
                        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.
            (7) Final report.--Not later than one year after the date 
        of enactment of this Act, the Advisory Committee shall submit 
        to the Administrator, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report containing the recommendations of the Advisory 
        Committee.
            (8) 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.
            (9) Termination.--The Advisory Committee shall terminate 
        not later than 60 days following the submission of its final 
        report.
    (c) Technical Correction.--Section 202(c) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132(c)) is 
amended by striking ``section 611(c)'' and inserting ``section 
611(d)''.
    (d) Limitation on Statutory Construction.--Nothing in this section 
(including the amendment made by this section) shall be construed to 
affect the authority of the Department of Commerce or the Federal 
Communications Commission.
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