Integrated Public Alert and Warning System Modernization Act of 2012 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to modernize and implement the integrated U.S. public alert and warning system 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 a natural disaster, war, act of terrorism, other man-made disaster, or other hazard to public safety.
Directs the Administrator to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures for the system; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies and to alert, warn, and provide equivalent information to individuals with disabilities or limited English proficiency; (3) ensure that specified training, tests, and exercises for such system are conducted; (4) conduct public education efforts and a general market awareness campaign about the system; and (5) ensure system coordination with the National Terrorism Advisory System.
Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to adapt to and incorporate future technologies for communicating directly with the public, to provide alerts to the largest portion of the affected population feasible, and to improve the ability of remote areas to receive alerts; and (3) provide redundant alert mechanisms.
Authorizes the Administrator to conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving system requirements.
Directs the Administrator to establish a subcommittee to the National Advisory Council to be known as the Integrated Public Alert and Warning System Subcommittee to develop and submit recommendations for the continuation and improvement of the system.
[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>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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