[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1472 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 711
114th CONGRESS
  2d Session
                                H. R. 1472

                          [Report No. 114-900]

To establish a modernized national Integrated Public Alert and Warning 
                    System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2015

Mr. Barletta (for himself, Mr. Carson of Indiana, Mr. Shuster, and Mr. 
   DeFazio) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

                           December 30, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
To establish a modernized national Integrated Public Alert and Warning 
                    System, 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 2015''.

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

    (a) 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, except as provided in paragraph (4)--
                    (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 is 
                able to 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 (established under 
        subsection (b))--
                    (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, warn, and provide the 
                equivalent amount of information to individuals with 
                disabilities and individuals with access and functional 
                needs;
                    (D) ensure that training, tests, and exercises are 
                conducted for the public alert and warning system and 
                that the system is incorporated into other training and 
                exercise programs of the Department of Homeland 
                Security, as appropriate;
                    (E) establish and integrate 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
                    (F) ensure that the public alert and warning system 
                is resilient, secure, and can withstand acts of 
                terrorism and other external attacks.
            (3) System requirements.--Consistent with paragraph (1), 
        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) to the extent technically feasible, be designed 
                to provide alerts to the largest portion of the 
                affected population, including nonresident visitors and 
                tourists and individuals with disabilities and access 
                and functional needs, 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;
                    (E) provide redundant alert mechanisms if 
                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; and
                    (F) include a mechanism to ensure the protection of 
                individual privacy.
            (4) Limitation on authority.--Nothing in this subsection 
        authorizes or requires the Federal Emergency Management Agency 
        or any other government entity to require any action on the 
        part of the Federal Communications Commission, the Department 
        of Commerce, the Office of Emergency Communications, or any 
        nongovernmental entity, nor impact any existing obligations of 
        such entities.
            (5) Implementation plan.--Not later than 180 days after the 
        date of submission of the report of the Integrated Public Alert 
        and Warning System Advisory Committee, the Administrator shall 
        submit to the Committee on Transportation and Infrastructure 
        and the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a detailed plan to implement 
        the public alert and warning system. 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) Funding.--There is authorized to be appropriated 
        $12,824,000 of the amount made available pursuant to section 
        699 of the Post Katrina Emergency Management Reform Act of 2006 
        (Public Law 109-295; 6 U.S.C. 811) for each of fiscal years 
        2016, 2017, and 2018 to carry out the provisions of this 
        section.
    (b) Integrated Public Alert and Warning System Advisory 
Committee.--
            (1) Establishment.--Not later than 90 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 (or their designees) 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.
                    (B) The Administrator of the National Oceanic and 
                Atmospheric Administration of the Department of 
                Commerce.
                    (C) The Assistant Secretary for Communications and 
                Information of the Department of Commerce.
                    (D) The Director of the Office of Disability 
                Integration and Coordination of the Federal Emergency 
                Management Agency.
                    (E) 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.
                    (F) Representatives from federally recognized 
                Indian tribes and national Indian organizations.
                    (G) 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, including 
                        commercial and noncommercial radio and 
                        television stations;
                            (v) the commercial mobile radio service 
                        industry;
                            (vi) the cable industry;
                            (vii) the satellite industry; and
                            (viii) national organizations representing 
                        individuals with disabilities and access and 
                        functional needs and national organizations 
                        representing the elderly.
                    (H) Qualified representatives of such other 
                stakeholders and interested and affected parties as the 
                Administrator considers appropriate.
            (3) Chairperson.--The Administrator 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 this Act.
                    (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.
                    (D) Interested persons.--Interested persons shall 
                be permitted to attend, appear before, or file 
                statements with the Advisory Committee, in accordance 
                with subsection (c) of section 552b of title 5, United 
                States Code.
                    (E) Meeting minutes.--The Advisory Committee shall 
                keep detailed minutes of each meeting, which shall 
                contain a record of the persons present, a complete and 
                accurate description of matters discussed and 
                conclusions reached, and copies of all reports 
                received, issued, or approved by the Advisory 
                Committee.
                    (F) Availability of information.--The records, 
                reports, transcripts, minutes, appendixes, working 
                papers, drafts, studies, agenda, or other documents 
                which were made available to or prepared for or by the 
                Advisory Committee shall be available for public 
                inspection and copying, subject to section 552 of title 
                5, United States Code, at a single location in the 
                office of the Federal Emergency Management Agency until 
                the Advisory Committee ceases to exist.
            (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) Consultation with nonmembers.--The Advisory Committee 
        and the program offices for the integrated public alert and 
        warning system for the United States shall regularly meet with 
        groups that are not represented on the Advisory Committee to 
        consider new and developing technologies that may be beneficial 
        to the public alert and warning system. Such groups may 
        include--
                    (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 
        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; and
                    (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;
                            (vii) provides redundant alert mechanisms 
                        if practicable in order 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; and
                            (viii) promotes the participation of 
                        representatives from traditionally underserved 
                        and underrepresented communities, to ensure 
                        that alerts and warnings reach such 
                        populations.
            (8) Initial and annual report.--Not later than 1 year after 
        the date of enactment of this Act, the Advisory Committee shall 
        submit to the Administrator, the Committee on Transportation 
        and Infrastructure and 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 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 issued under that Act shall apply to the Advisory 
        Committee.
            (10) Termination.--The Advisory Committee shall terminate 
        not later than 6 years after the date of enactment of this Act.
    (c) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to provide the Federal Emergency Management Agency 
with regulatory authority with respect to any nongovernment entity.
                                                 Union Calendar No. 711

114th CONGRESS

  2d Session

                               H. R. 1472

                          [Report No. 114-900]

_______________________________________________________________________

                                 A BILL

To establish a modernized national Integrated Public Alert and Warning 
                    System, and for other purposes.

_______________________________________________________________________

                           December 30, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed