[Senate Report 114-73]
[From the U.S. Government Publishing Office]
Calendar No. 132
114th Congress { } Report
1st Session { SENATE } 114-73
_______________________________________________________________________
.
IPAWS MODERNIZATION ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 1180
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.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Keith B. Ashdown, Staff Director
Christopher R. Hixon, Chief Counsel
David S. Luckey, Director of Homeland Security
William H.W. McKenna, Chief Counsel for Homeland Security
Brooke N. Ericson, Deputy Chief Counsel for Homeland Security
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Robert H. Bradley, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
C O N T E N T S
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Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............6
Calendar No. 132
114th Congress
SENATE
Report
1st Session 114-73
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IPAWS MODERNIZATION ACT OF 2015
_______
June 25, 2015.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1180]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1180) 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, having considered the same,
reports favorably thereon with amendments and recommends that
the bill, as amended, do pass.
I. Purpose and Summary
The purpose of S. 1180, the Integrated Public Alert and
Warning System Modernization Act of 2015, is to modernize the
Integrated Public Alert and Warning System (IPAWS) of the
United States, establish and integrate into the National
Incident Management System a training program to educate
federal, state, tribal, and local government officials using
the Emergency Alert System, and to establish an integrated
public alert and warning system subcommittee. This bill will
enhance the ability of state and local governments to integrate
IPAWS into their own systems, increasing adoption of the system
and advancing the goal of a nationwide integrated and
interoperable system. The bill also establishes a Subcommittee
to the National Advisory Council composed of IPAWS stakeholders
to expand collaboration and recommend improvements to the
system. Finally, the bill would also authorize the program,
ensuring full Congressional oversight of the system.
II. Background and the Need for Legislation
In 2004, the Federal Emergency Management Agency (FEMA)
began developing IPAWS to create a comprehensive public-alert
system.\1\ On June 26, 2006, President George W. Bush signed
Executive Order 13407 directing the Department of Homeland
Security (DHS) to create ``an effective, reliable, integrated,
flexible, and comprehensive'' public alert and warning system
for the United States.\2\ The Executive Order named FEMA to
lead the effort and adopt a set of standards and protocols to
support this system.\3\ In April 2007, FEMA established the
IPAWS Program Management Office to carry out the Executive
Order.\4\
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\1\Fed. Emergency Mgmt. Agency, Integrated Public Alert and Warning
System (IPAWS): Overview and Commercial Mobile Alert System CMAS
Introduction 4 (2009), available at https://www.fema.gov/ppt/emergency/
ipaws/ipaws_cmas.ppt.
\2\Exec. Order No. 13,407, 3 C.F.R. 236 (2007); see also Fed.
Emergency Mgmt. Agency, supra note 1 at 4.
\3\Exec. Order No. 13,407, 3 C.F.R. 236 (2007).
\4\Fed. Emergency Mgmt. Agency, supra note 1 at 4.
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IPAWS supports sending local, state, tribal, and
territorial government alerts to local areas during regional
emergencies, as well as sending national-level alerts from the
President, in the event of a catastrophic national
emergency.\5\ Emergency alerts and information from emergency
officials are sent to the public through radio and television
via the Emergency Alert System (EAS), cellular phones via
Wireless Emergency Alerts (WEA), the National Oceanic and
Atmospheric Administration (NOAA) All Hazards Weather Radio via
the IPAWS-NOAA gateway, and Internet applications and websites
via the IPAWS Public Feed.\6\ IPAWS is used to alert the public
of, among other things, tornados, evacuations, earthquakes,
child abductions (through America's Missing: Broadcast
Emergency Response alerts, also known as AMBER alerts),
shelter-in-place, disaster resources, and Presidential
alerts.\7\ In 2013, for example, the Massachusetts Emergency
Management Agency sent alerts through IPAWS after the Boston
Marathon bombings.\8\ To date, no President has ever sent an
alert through the system, though the system was tested at the
national level for such an occasion on November 9, 2011.\9\
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\5\Fed. Emergency Mgmt. Agency, The Integrated Public Alert and
Warning System (IPAWS): IPAWS 101 at 6 (2015), available at https://
www.fema.gov/media-library/assets/documents/105498.
\6\Id.
\7\Id. at 10.
\8\Id. at 32.
\9\Gov't Accountability Office, GAO-13-375, Emergency Alerting:
Capabilities Have Improved, But Additional Guidance and Testing Are
Needed 20 (2013).
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DHS's intent in establishing IPAWS was to integrate
federal, state, territorial, tribal, and local government alert
and warning systems, enabling various messaging options and
communications pathways in the event of an emergency.\10\
However, in 2009, the Government Accountability Office (GAO)
found that IPAWS was struggling with planning and
coordination.\11\ For example, from 2007 to 2009, IPAWS
operated without an implementation plan, and was hindered by
two transitions in its mission over that time period.\12\ As a
result, states made investments in their alert systems without
assurances that they would be compatible with federal
investments.\13\ At the time, GAO also reported that ``the
scope and range of stakeholder involvement in each new effort
is limited . . .'' and that FEMA faced challenges in developing
multilingual alert and alerts that reached people with
disabilities.\14\
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\10\Fed. Emergency Mgmt. Agency, Strategic Plan for the Integrated
Public Alert and Warning System (IPAWS) Program 5-6 (2010).
\11\Gov't Accountability Office, GAO-09-834, Emergency
Preparedness: Improved Planning and Coordination Necessary for
Modernization and Integration of Public Alert and Warning System passim
(2009).
\12\Id. at 16-17.
\13\Id. at 24-25.
\14\Id. at 24-26.
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In 2013, GAO reported that state and local officials needed
more guidance from FEMA on how to integrate and test IPAWS
capabilities with their existing alerting systems.\15\ The
absence of sufficient guidance made some states reluctant to
fully implement IPAWS.\16\ Since IPAWS was designed to be a
nationwide system, low state participation ``decreases the
capability for an integrated, interoperable, and nationwide
alerting system.''\17\
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\15\Gov't Accountability Office, Emergency Alerting, supra note 9,
at passim.
\16\Id. at 15-16.
\17\Id.
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FEMA has since addressed some of the issues and
recommendations raised in these reports.\18\ Moreover, 49 out
of 50 states are now actively pursuing integration with
IPAWS.\19\ This legislation will further this progress and help
address many of the other problems stakeholders, Congress, and
GAO previously identified, including helping to ensure
sufficient training for emergency alerting officials,
increasing collaboration at all levels of government, and
ensuring Congress's important role of oversight.
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\18\Gov't Accountability Office, Emergency Preparedness, supra note
11.
\19\Data Provided to Committee Staff by the Fed. Emergency Mgmt.
Agency (May 20, 2015); see also Fed. Emergency Mgmt. Agency, IPAWS
Public Alerting Authorities (May 1, 2015), https://www.fema.gov/
integrated-public-alert-warning-system-authorities.
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III. Legislative History
Legislation to authorize IPAWS has been introduced in both
the U.S. House of Representatives and the U.S. Senate since the
110th Congress.\20\ In the 114th Congress, Chairman Johnson and
Senator McCaskill introduced S. 1180 on May 4, 2015, which was
referred to the Committee on Homeland Security and Governmental
Affairs. The Committee considered S. 1180 at a business meeting
on May 6, 2015.
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\20\S. 2664, 113th Congress (2014); S. 2319, 112th Congress (2012);
H.R. 2591, 111th Congress (2009); H.R. 6038, 110th Congress (2008).
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Senator Sasse offered one amendment, clarifying that no
state or local jurisdiction is required to use IPAWS. The
Committee adopted the amendment and ordered the bill, as
amended, reported favorably, both by voice vote. Senators
present for both votes were: Johnson, McCain, Portman,
Lankford, Ernst, Sasse, Carper, McCaskill, Baldwin, Heitkamp,
and Peters.
IV. Section-by-Section Analysis of the Act, as Reported
Section 1. Short title
This section provides the bill's short title, the
``Integrated Public Alert and Warning System Modernization Act
of 2015.''
Section 2. Integrated Public Alert and Warning System Modernization
Subsection (a) amends Title V of the Homeland Security Act
of 2002 (6 U.S.C. 311 et seq.) by adding Sec. 526. Integrated
Public Alert and Warning System Modernization. The subsection
authorizes the Administrator of FEMA (``the Administrator'') to
modernize and implement IPAWS to ensure that under all
conditions, 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.
The subsection includes implementation requirements, such
as establishing or adopting common alerting and warning
protocols; providing for technological and geographic
adaptability; ensuring resiliency; including a capability for
providing warnings and alerts in other formats to facilitate
alerting the disabled and non-English speakers; incorporating
IPAWS into existing systems and training and exercise programs;
mandatory testing; educating the public about the functions of
the system; and consulting and coordinating with stakeholders
and regulators, taking into account current regulations and the
WEA system. The subsection also establishes system requirements
for IPAWS, to maximize reach of emergency alerts and the
system's continued effectiveness as technologies evolve, while
ensuring individuals' privacy. The subsection limits the use of
IPAWS to notification of emergencies and disasters and testing.
In addition, subsection (a) provides for annual
implementation and performance reports to Congress for a period
of three years after enactment.
Subsection (b) establishes an IPAWS Subcommittee to the
National Advisory Council led by FEMA's Deputy Administrator
for Protection and National Preparedness and composed of
representatives from Federal agencies and other stakeholders--
including state and local governments, federally recognized
Indian tribes, and the private sector--to develop
recommendations for implementation of IPAWS. The subsection
requires the Subcommittee to consult with other organizations
on technologies that may be beneficial to IPAWS and to submit
its recommendations to Congress and the Executive Branch via
the National Advisory Council. The subsection also terminates
the Subcommittee after three years.
Subsection (c) authorizes 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.
Subsection (d) provides various limits on statutory
construction, including that this bill does not: affect the
authority of the Department of Commerce or the Federal
Communications Commission, or provide the Secretary of Homeland
Security authority to require any action by the Department of
Commerce, the Federal Communications Commission or any non-
governmental entity; apply to, or provide the Administrator
with authority over, participating commercial mobile service
providers, as defined in the subsection, including with respect
to testing the public alert and warning system; alter in any
way the WEA system established under the Warning, Alert, and
Response Network Act or any related orders issued by the
Federal Communications Commission after Oct. 13, 2006; or
provide FEMA with authority to require a state or local
jurisdiction to use IPAWS.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this act and determined
that the act will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the act contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
May 21, 2015.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1180, 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.
Enclosure.
S. 1180--Integrated Public Alert and Warning System Modernization Act
of 2015
Summary: S. 1180 would authorize activities to operate and
modernize the Integrated Public Alert and Warning System
(IPAWS) within the Department of Homeland Security (DHS) over
the 2016-2018 period. The bill also would establish a committee
to develop and submit recommendations for improving the system.
CBO estimates that implementing S. 1180 would cost $37 million
over the next five years, assuming appropriation of the
necessary amounts over the 2016-2018 period.
Enacting this legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
S. 1180 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 S. 1180 is shown in the following table.
The cost of this legislation falls within budget function 450
(community and regional development).
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By fiscal year, in millions of dollars--
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2016 2017 2018 2019 2020 2016-2020
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 13 13 13 0 0 39
Estimated Outlays....................................... 4 8 11 8 5 37
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Note: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 the necessary amounts will be appropriated for each
year during the three-year authorization period.
CBO estimates that implementing the legislation would cost
about $13 million annually over the 2016-2018 authorization
period for DHS to modernize and to continue to employ IPAWS. In
recent years, $12 million has been allocated annually for
IPAWS, and recent annual budget requests have sought $15
million or more to operate IPAWS. CBO estimates that continuing
the current operation of IPAWS and implementing the additional
requirements under the bill would cost $13 million a year over
the next three years.
IPAWS uses 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 performance criteria that IPAWS
would be required to meet. DHS is currently pursuing several of
those criteria under Executive Order 13407. In addition to
codifying elements of the executive order, the bill specifies
additional criteria for IPAWS, including training state and
local governments and other stakeholders to use the system,
conducting nationwide testing of the system every three years,
and ensuring that IPAWS can withstand terrorist attacks.
The bill also would establish an advisory committee to
develop recommendations to continue improving IPAWS and to
submit a report to the Congress within one year of enactment.
Under the bill, the committee would terminate three years after
enactment.
Based on the rate of current spending by DHS for IPAWS
work, CBO estimates that implementing the three-year
authorization for IPAWS in S. 1180 would cost $37 million over
the 2016-2020 period, assuming appropriation of the necessary
amounts.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 1180
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Previous CBO estimate: On April 27, 2015, CBO transmitted a
cost estimate for H.R. 1472, the Integrated Public Alert and
Warning System Modernization Act of 2015, as ordered reported
by the House Committee on Transportation and Infrastructure on
April 15, 2015. The two bills are similar. However, H.R. 1472
would specify the authorization of nearly $13 million annually
over the 2016-2018 period. S. 1180 would authorize the
appropriation of such sums as may be necessary to carry out the
legislation over the 2016-2018 period. Those differences do not
affect the estimated costs of the bill.
Estimate prepared by: Federal costs: Martin von Gnechten;
Impact on state, local, and tribal governments: Melissa
Merrell; Impact on the private sector: Logan Smith.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1180 as reported are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
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).
* * * * * * *