[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1180 Reported in Senate (RS)]

                                                       Calendar No. 132
114th CONGRESS
  1st Session
                                S. 1180

                          [Report No. 114-73]

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

                              May 4, 2015

 Mr. Johnson (for himself and Mrs. McCaskill) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                             June 25, 2015

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 2015''.

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 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 
        and to the extent technically feasible;
            ``(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;
            ``(8) consult and coordinate with the Federal 
        Communications Commission, taking into account rules and 
        regulations promulgated by the Federal Communications 
        Commission; and
            ``(9) 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 2015.
    ``(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.--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.
    ``(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 2015, and annually thereafter through 
        2018, 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 and the 
        Committee on Commerce, Science, and Transportation 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, 
                                including public broadcasting;
                                    (V) the commercial mobile radio 
                                service 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 and the Committee on 
                        Commerce, Science, and Transportation 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 2016, 2017, and 
2018.
    (d) Limitations on Statutory Construction.--
            (1) Definition.--In this subsection, the term 
        ``participating commercial mobile service provider'' has the 
        meaning given that term under section 10.10(f) of title 47, 
        Code of Federal Regulations, as in effect on the date of 
        enactment of this Act.
            (2) Limitations.--Nothing in this Act, including an 
        amendment made by this Act, shall be construed--
                    (A) to affect any authority--
                            (i) of the Department of Commerce;
                            (ii) of the Federal Communications 
                        Commission; or
                            (iii) provided under the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5121 et seq.);
                    (B) to provide the Secretary of Homeland Security 
                with authority to require any action by the Department 
                of Commerce, the Federal Communications Commission, or 
                any nongovernmental entity;
                    (C) to apply to, or to provide the Administrator of 
                the Federal Emergency Management Agency with authority 
                over, any participating commercial mobile service 
                provider; or
                    (D) to alter in any way the wireless emergency 
                alerts service established under the Warning, Alert, 
                and Response Network Act (47 U.S.C. 1201 et seq.) or 
                any related orders issued by the Federal Communications 
                Commission after October 13, 2006. 2006; or
                    (E) to provide the Federal Emergency Management 
                Agency with authority to require a State or local 
                jurisdiction to use the integrated public alert and 
                warning system of the United States.
                                                       Calendar No. 132

114th CONGRESS

  1st Session

                                S. 1180

                          [Report No. 114-73]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 25, 2015

                        Reported with amendments