[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2319 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2319

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

                             April 19, 2012

 Ms. Collins (for herself, Mr. Lieberman, Mr. Brown of Massachusetts, 
  Mr. Akaka, and Mr. Carper) 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 2012''.

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, wars, acts of terrorism, other man-made 
disasters, and other hazards to public safety under this title, 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 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 a natural 
        disaster, war, act of terrorism, other man-made disaster, or 
        other hazard to public safety; and
            ``(2) implement the public alert and warning system.
    ``(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 and individuals with limited 
        English proficiency, to the extent technically feasible;
            ``(4) ensure training, tests, and exercises for the public 
        alert and warning system are conducted, including--
                    ``(A) through exercises conducted under the 
                National Exercise Program described in section 648 of 
                the Post-Katrina Emergency Management Reform Act of 
                2006 (6 U.S.C. 748), to the extent determined 
                appropriate by the Administrator;
                    ``(B) the conduct of periodic nationwide tests; and
                    ``(C) by 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;
            ``(5) conduct public education efforts so that State, 
        tribal, and local governments, private entities, and the people 
        of the United States 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;
            ``(6) in coordination with the Secretary, ensure that the 
        public alert and warning system coordinates with the National 
        Terrorism Advisory System, including ensuring that the National 
        Terrorism Advisory System participates in tests of the public 
        alert and warning system;
            ``(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 subcommittee established under section 2(b) of the 
        Integrated Public Alert and Warning System Modernization Act of 
        2012.
    ``(c) System Requirements.--The public alert and warning system 
shall--
            ``(1) incorporate multiple communication systems and 
        technologies, to the extent determined appropriate by the 
        Administrator;
            ``(2) be designed to adapt to, and incorporate, future 
        technologies for communicating directly with the public;
            ``(3) be designed to--
                    ``(A) provide alerts that are accessible to the 
                largest portion of the affected population feasible, 
                including individuals with disabilities, individuals 
                with limited English proficiency, and nonresident 
                visitors and tourists, to the extent technically 
                feasible; and
                    ``(B) improve the ability of remote areas to 
                receive alerts; and
            ``(4) provide redundant alert mechanisms where practicable 
        so as to reach the greatest number of people.
    ``(d) Pilot Programs.--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 subsection 
(c).
    ``(e) Use of System.--
            ``(1) Limitation.--Except to the extent necessary for 
        testing the public alert and warning system, the Administrator 
        may not transmit a message from the President using the public 
        alert and warning system that does not relate to a natural 
        disaster, war, act of terrorism, other man-made disaster, or 
        other hazard 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).
    ``(f) 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 2012, 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 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 Modernization 
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:
                    (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) The Under Secretary for Science and Technology 
                of the Department of Homeland Security (or the Under 
                Secretary's designee).
                    (E) The Under Secretary for the National Protection 
                and Programs Directorate (or the Under Secretary's 
                designee).
                    (F) The Director of the Office of Disability 
                Integration and Coordination of the Federal Emergency 
                Management Agency.
                    (G) 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 federally 
                        recognized Indian tribes and national tribal 
                        organizations, representatives of emergency 
                        management agencies, representatives of 
                        emergency response providers, and 
                        representatives of emergency communication 
                        providers.
                            (ii) Individuals who have the requisite 
                        technical knowledge and expertise to serve on 
                        the Subcommittee, including representatives 
                        of--
                                    (I) vendors, developers, and 
                                manufacturers of systems, facilities, 
                                equipment, and capabilities for the 
                                provision of communications services;
                                    (II) the broadcasting industry;
                                    (III) the cellular industry;
                                    (IV) the cable industry;
                                    (V) the satellite industry;
                                    (VI) consumer or privacy advocates;
                                    (VII) national organizations 
                                representing individuals with 
                                disabilities, the blindness, deaf, and 
                                hearing loss communities, and the 
                                elderly; and
                                    (VIII) organizations representing 
                                individuals with limited English 
                                proficiency.
                            (iii) 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 Subcommittee.
            (4) Meetings.--
                    (A) Initial meeting.--The initial meeting of the 
                Subcommittee shall take place not later than 180 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) Recommendations.--The Subcommittee may develop and 
        submit under paragraph (6) recommendations for the continuation 
        and improvement of the 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; and
                    (C) recommendations for improvements to the public 
                alert and warning 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, and 
                        multiple communication systems and 
                        technologies, as appropriate;
                            (ii) has the capability to alert and warn 
                        individuals with disabilities and individuals 
                        with limited English proficiency;
                            (iii) incorporates multiple communications 
                        technologies, to the extent determined 
                        appropriate by the Subcommittee;
                            (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; and
                            (viii) provides redundant alert mechanisms 
                        where practicable so as 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.
            (6) Reports.--The Subcommittee shall submit to the National 
        Advisory Council established under section 508 of the Homeland 
        Security Act of 2002 (6 U.S.C. 318) and the Administrator a 
        report regarding any recommendations agreed to by the 
        Subcommittee.
    (c) Authorization of Appropriations.--There are to be authorized to 
be appropriated such sums as may be necessary to carry out this Act and 
the amendments made by the Act for each of fiscal years 2013 through 
2017.
    (d) Limitation on Statutory Construction.--Nothing in this section 
(including the amendments made by this section) shall be construed to 
affect the authority of the Department of Commerce or the Federal 
Communications Commission.
                                 <all>