[House Report 114-900]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-900
======================================================================
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION ACT OF 2015
_______
December 30, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1472]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1472) to establish a modernized
national Integrated Public Alert and Warning System, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 6
Advisory of Earmarks............................................. 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Mandate Statement........................................ 7
Preemption Clarification......................................... 7
Advisory Committee Statement..................................... 7
Applicability of Legislative Branch.............................. 7
Section-by-Section Analysis of Legislation....................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
PURPOSE OF LEGISLATION
H.R. 1472 would establish a modernized national Integrated
Public Alert and Warning System.
BACKGROUND AND NEED FOR LEGISLATION
In the 111th Congress, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management
conducted an investigation on the development of IPAWS and the
Government Accountability Office (GAO) audited the system and
issued a report\1\ that highlighted concerns related to FEMA's
development of IPAWS. The subcommittee's investigation and
GAO's report supported the need for legislation to ensure
consultation and coordination with key stakeholders, strategic
planning, and the timely roll out of the new system. A
subsequent GAO report issued on April 24, 2013\2\ found
improvements in how FEMA was developing the system but
identified a continued need for guidance and testing. As a
result of these investigations, legislation was introduced to
provide statutory direction for the development and
implementation of IPAWS.
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\1\Emergency Preparedness: Improved Planning and Coordination
Necessary for Modernization and Integration of Public Alert and Warning
System, GAO-09-834, September 9, 2009.
\2\Emergency Alerting: Capabilities Have Improved, but Additional
Guidance and Testing Are Needed, GAO-13-375, April 24, 2013.
---------------------------------------------------------------------------
The provisions included in H.R. 1472 are modeled after the
Warning, Alert, and Response Network (WARN) Act enacted by
Congress in 2006. The WARN Act, as signed into law as Title VI
of the Security and Accountability for Every Port Act of 2006
(Public Law 109-347) (The SAFE Port Act), required the Federal
Communications Commission (FCC) to establish a Commercial
Mobile Service Alert Advisory Committee (CMSAAC). Committee
members included state, local and tribal governments, members
of the private sector, and representatives of people with
disabilities. The CMSAAC conducted meetings during 2008 and was
charged with providing the FCC with recommendations on
technical requirements, standards, regulations, and other
matters needed to support the transmittal of emergency alerts
by commercial mobile service providers to their subscribers on
a voluntary basis.
During its investigation on the development of IPAWS, the
committee observed that the framework established by the WARN
Act ensured input by relevant industries, maximizing buy-in by
the private sector and helping to facilitate decision-making by
establishing timetables. The provisions in H.R. 1472 establish
a similar framework for the development of IPAWS.
IPAWS as a ``System of Systems''
Pursuant to the Stafford Act, FEMA is charged with ensuring
an emergency presidential message can be effectively
disseminated to the Nation. Part of FEMA's responsibility is to
provide for the ability of state, tribal and local governments
to issue public alerts and warnings in the event of impending
or imminent disasters or emergencies. In the 1960s, the
foundation of such a system was established through the
creation of the Emergency Broadcast System (EBS), which used
television and radio to alert the public to emergencies. In
recent years, that system, now called the Emergency Alert
System (EAS), has been modernized and updated to digital
technology.
Because of the advances in technology and the increase in
the methods by which the public can receive information and be
alerted (e.g. cellphones, satellite radio and digital
television), in 2006, President George W. Bush issued Executive
Order 13407. This Order states that the United States policy is
``to have an effective, reliable, integrated, flexible and
comprehensive system to alert and warn the American people.''
Executive Order 13407 directs the Department of Homeland
Security (DHS) to develop IPAWS as a ``system of systems.'' It
is intended to eventually integrate existing and new alert
systems into one unified system.
Currently, IPAWS includes EAS, Wireless Emergency Alerts
(mobile devices), and National Weather Service alerts. Future
methods of alerting could include computer gaming systems,
digital signs, siren systems, internet search engines, social
sharing websites, and instant messaging. IPAWS creates an
integrated system that allows one ``message'' or data package
to be transmitted through as many mediums and methods as
possible to reach the greatest number of people who may be
impacted by a disaster or emergency. The move to digital
signals, for example, creates opportunity for the message to
incorporate audio, video or other data in addition to a text-
based message to provide the public as much critical
information as may be needed. The need to increase the mediums
and forms of alerts also increases options for the effective
alerting of people with disabilities and people with limited
English proficiency.
HEARINGS
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management, held a hearing on subjects related to
matters contained in H.R. 1472 during the 111th, 112th, 113th
and 114th Congresses:
``This Is NOT a Test: Will the Nation's Emergency Alert
System Deliver the President's Message to the Public?'' held on
September 30, 2009. The purpose of this hearing was to examine
the status of efforts within the federal government,
specifically, FEMA to modernize, expand and integrate existing
emergency alert warning systems through the Integrated Public
Alert and Warning Systems. The Committee also received a report
from the Government Accountability Office detailing its
assessment of the nation's emergency alert system.
``The Effectiveness of our Nation's Public Alert System''
held on December 13, 2011. The purpose of the hearing was to
examine the development of FEMA's Integrated Public Alert and
Warning System (IPAWS) and receive testimony regarding the
recent test of the nation's emergency alert system.
``FEMA Reauthorization: Ensuring the Nation is Prepared''
held on October 2, 2013. The purpose of the hearing was to
examine FEMA's IPAWS and Urban Search and Rescue System to
evaluate the need for reform legislation in the context of a
proposed reauthorization of FEMA.
``Rebuilding after the Storm: Lessening Impacts and
Speeding Recovery'' held on January 27, 2015. The purpose of
the hearing was to launch an assessment of the rising costs of
disasters, the cost effectiveness of disaster assistance,
strategies to reduce disaster losses, and the appropriate roles
of government and the private sector, and to consider reforms
to save lives through improved alerts and warning systems and
search and rescue.
LEGISLATIVE HISTORY AND CONSIDERATION
On March 19, 2015, Subcommittee on Economic Development,
Public Buildings, and Emergency Management Chairman Lou
Barletta (R-PA) introduced H.R. 1472, a bill to establish a
modernized national Integrated Public Alert and Warning System,
along with Ranking Member Andre Carson (D-IN), Chairman Bill
Shuster (R-PA) and Ranking Member Peter DeFazio (D-OR).
On April 15, 2015, the Committee on Transportation and
Infrastructure met in open session. The Committee ordered the
bill reported favorably to the House by voice vote with a
quorum present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H.R. 1472.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 1472 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 27, 2015.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1472, the
Integrated Public Alert and Warning System Modernization Act of
2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 1472--Integrated Public Alert and Warning System Modernization Act
of 2015
Summary: H.R. 1472 would authorize appropriations totaling
$38 million over the 2016-2018 period for the Department of
Homeland Security (DHS) to modernize the Integrated Public
Alert and Warning System (IPAWS). The bill also would establish
a committee to develop and submit recommendations for improving
the system. 030 estimates that implementing H.R. 1472 would
cost $37 million over the next five years, assuming
appropriation of the necessary amounts.
Enacting this legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1472 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 1472 is shown in the following table.
The cost of this legislation falls within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 13 13 13 * * 39
Estimated Outlays....................................... 4 8 11 8 5 37
----------------------------------------------------------------------------------------------------------------
Notes: * = Less than $500,000. Details may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2015
and that amounts specified and estimated to be necessary will
be appropriated for each year.
H.R. 1472 would authorize the appropriation of $12.8
million per year over the 2016-2018 period for DHS to modernize
and implement IPAWS. The annual authorization level is roughly
the same amount that has been allocated for that activity in
recent years.
IPAWS utilizes multiple technologies (for example,
satellite radios, computers, and cellular phones) in addition
to traditional radio and television communications to provide
information about an impending or ongoing emergency situation.
The bill specifies several criteria for modernization that
IPAWS would be required to meet. DHS is currently pursuing
several of those criteria under Executive Order 13407. Other
goals not specified by that order, but that are contained in
the bill, include training state and local governments and
other stakeholders and ensuring that IPAWS can withstand
terrorist attacks.
The bill also would establish an advisory committee to
develop recommendations to continue improving IPAWS. Within one
year of enactment, the committee would submit a report to the
Congress outlining those recommendations. However, because the
committee would not terminate until after 2018 (the last year
in which the bill specifies an authorization level), additional
discretionary appropriations would be necessary to continue
operations of the committee beyond that date. Based on
historical expenditures for similar activities, CBO estimates
that providing that fimding would cost about $1 million over
the 2019-2020 period.
Based on the rate of prior spending by DHS for IPAWS work,
CBO estimates that implementing H.R. 1472 would cost $37
million over the next five years, assuming appropriation of the
specified amounts.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 1472
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: Martin von Gnechten;
Impact on state, local, and tribal governments: Melissa
Merrell; Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Assistant Director for
Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
establish a modernized national Integrated Public Alert and
Warning System.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 1472 establishes
or reauthorizes a program of the federal government known to be
duplicative of another federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, Cong. (2015), the
Committee finds that enacting H.R. 1472 does not direct the
completion of a specific rule making within the meaning of
section 551 of title 5, United States Code.
FEDERAL MANDATE STATEMENT
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1472 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
H.R. 1472 establishes an advisory committee for IPAWS,
exempted from the requirements of the Federal Advisory
Committee Act and with a specific termination.
APPLICABILITY OF LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1: Short Title: Section 1 designates the short
title as the ``Integrated Public Alert and Warning System
Modernization Act of 2015.''
Section 2: Integrated Public Alert and Warning System
Modernization: This section authorizes IPAWS at $12.8 million,
consistent with current funding levels. This section would also
establish clear system requirements and capabilities of IPAWS;
provide a framework for the development of IPAWS; and ensure
stakeholders, including federal, state, local and private
sector entities have a well-defined method of providing input
through a temporary advisory committee.
The requirements of the system outlined in this section are
intended to guide FEMA in its use and development of the
capabilities in digital and other technologies. The
requirements should not be interpreted as an authorization for
FEMA to itself develop the communications network necessary to
implement IPAWS. In addition, the language in section
2(a)(3)(C) requires the public alert and warning system to
provide alerts to the largest portion of the affected
population as is feasible. Nothing in this section shall give
FEMA the authority to require television or radio broadcasters,
or other communications entities, to translate disaster
warnings and emergency messages into multiple languages. This
language provision is intended to allow the pass through (where
appropriate) of non-English language emergency messages as they
are received by a broadcaster or communications entity from the
public alert and warning system or other message originator.
Further, subsection (c) of section 2 makes clear that
nothing in that section provides authority to FEMA or any other
government entity to require any action on the part of any
nongovernment entity.
The Committee expects FEMA to consider information provided
by an Advisory Committee Member, in light of any potential
conflicts of interest that Member may have. In addition, if the
Advisory Committee relies on any information provided by a non-
Advisory Committee Member, FEMA should consider whether the
non-Advisory Committee Member has or could have a conflict of
interest in providing the information and evaluate such
information after consideration of any potential conflict of
interest.
The Committee expects that FEMA will work closely with
relevant stakeholders to ensure alerts can be sent to and
received by those with disabilities. The Committee recognizes
FEMA has improved its outreach to relevant groups but expects
FEMA to specifically work closely with the National Council on
Disability (NCD), the federal agency specifically charged with
working on disability policy. The Committee notes the work the
NCD has done to study the issue of people with disabilities in
disasters, including the development of recommendations related
to alerting systems in its report entitled ``Effective
Emergency Management: Making Improvements for Communities and
People with Disabilities'' issued August 12, 2009.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1472 makes no changes in existing law.