,i #aacth ,,congress #ast ,session ,h4 ,r4 #cbhc ,,in ,,the ,,house ,,of ,,representatives ,october #aj1 #bjac,mr4 ,bilirakis introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to direct the ,secretary of ,homeland ,security to modernize and implement the national integrated public alert and warning system to disseminate homeland security information and other information1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,integrated ,public ,alert and ,warning ,system ,modernization ,act of #bjac4 #b4 ,findings ,congress finds that-- 7#a7 numerous proven and tested technologies exist to enable the ,federal ,government to enhance its dissemination of public alerts and warnings2 7#b7 the expected benefits of these enhancements include-- 7,a7 greater security1 reliability1 and redundancy of the ,federal ,government's alert and warning capabilities2 7,b7 rapid alert dissemination2 7,c7 an improved ability to notify remote locations2 and 7,d7 the ability to geographically target and deliver alerts and warnings through multiple communication modes2 7#c7 there is a need to test the viability of delivering messages through diverse communications modes to effectively alert and warn the public2 7#d7 there is a need to modernize and improve the ability of the ,federal ,government to provide residents of the ,united ,states with timely and effective warnings2 and 7#e7 although significant ,federal integration efforts are underway1 the aggregation1 dissemination1 and reporting system necessary for effective public alert and warning will require an integrated national network for reliable1 secure1 and authentic dissemination of emergency alerts and warnings by ,federal1 ,state1 local1 and tribal entities that are authorized to issue alerts to the public4 #c4 national integrated public alert and warning system modernization 7a7 ,in general 7#a7 ,amendment ,title ,v of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa et seq47 is amended by adding at the end of the following new section3 #ebf4 ,national integrated public alert and warning system modernization 7a7 ,in general ,in order to provide timely and effective warnings and disseminate homeland security information and other information1 the ,secretary shall1 considering the recommendations of the advisory committee established under subsection 7d71 modernize and implement the national integrated public alert and warning system 7in this section referred to as the public alert and warning system74 7b7 ,implementation requirements ,in carrying out subsection 7a71 the ,secretary shall-- 7#a7 establish or adapt1 as appropriate1 common alerting and warning protocols1 standards1 terminology1 and operating procedures for the public alert and warning system2 7#b7 include in the public alert and warning system the capability to adapt the dissemination of homeland security information and other information and the content of communications on the basis of geographic location1 risks1 or personal user preferences1 as appropriate2 7#c7 include in the public alert and warning system the capability to alert1 warn1 and provide the equivalent amount of information to individuals with disabilities and access and functional needs2 7#d7 ensure the conduct of training1 tests1 and exercises for the public alert and warning system1 and that the system is incorporated into other training and exercise programs of the ,department1 as appropriate2 7#e7 ensure that ongoing training1 integrated into the ,national ,incident ,management ,system1 for receiving and disseminating public alert and warning system messages utilizing advanced technologies is provided to ,state1 local1 tribal1 and other homeland security stakeholders involved in the transmission of such messages2 7#f7 ensure that the public alert and warning system uses the ,national ,terrorism ,advisory ,system1 including ensuring that the ,national ,terrorism ,advisory ,system participates in tests of the public alert and warning system2 7#g7 conduct1 at least once every #c years1 periodic nationwide tests of the public alert and warning system2 and 7#h7 consult1 coordinate1 and cooperate1 to the extent practicable1 with other ,federal agencies and departments and with ,state1 local1 and tribal governments1 the private sector1 and other key stakeholders to leverage existing alert and warning capabilities4 7c7 ,system requirements ,the ,secretary shall ensure that the system-- 7#a7 incorporates redundant and diverse modes to disseminate homeland security information and other information in warning messages to the public so as to reach the greatest number of individuals2 7#b7 can be adapted to incorporate future technologies2 7#c7 is resilient1 secure1 and can withstand acts of terrorism and other external attacks2 7#d7 promotes ,state1 local1 tribal1 and regional partnerships to enhance coordination2 7#e7 is designed to provide alerts that are accessible to the largest portion of the affected population feasible1 including nonresident visitors and tourists and individuals with disabilities and access and functional needs2 7#f7 is designed to improve the ability of remote areas and areas with underdeveloped telecommunications infrastructure to receive alerts2 and 7#g7 includes mechanisms to ensure the protection of individual privacy4 7d7 ,integrated public alert and warning system modernization advisory committee 7#a7 ,establishment ,not later than #ij days after the date of enactment of the ,integrated ,public ,alert and ,warning ,system ,modernization ,act of #bjac1 the ,secretary shall establish an advisory committee to be known as the ,integrated ,public ,alert and ,warning ,system ,advisory ,committee 7in this subsection referred to as the ,advisory ,committee74 7#b7 ,membership ,the ,advisory ,committee shall be composed of the following members3 7,a7 ,the ,chairman of the ,federal ,communications ,commission 7or the ,chairman's designee74 7,b7 ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration 7or the ,administrator's designee74 7,c7 ,the ,assistant ,secretary for ,communications and ,information of the ,department of ,commerce 7or the ,assistant ,secretary's designee74 7,d7 ,the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security4 7,e7 ,the ,director of the ,office of ,disability ,integration and ,coordination of the ,federal ,emergency ,management ,agency4 7,f7 ,the following members1 to be appointed by the ,secretary as soon as practicable after the date of enactment of the ,integrated ,public ,alert and ,warning ,system ,modernization ,act of #bjac3 7i7 ,representatives of ,state and local governments1 representatives of emergency management agencies1 representatives of emergency response providers1 and representatives of emergency communication providers1 selected from among individuals nominated by national organizations representing governments and personnel4 7ii7 ,representatives from federally recognized ,indian tribes and national ,indian organizations4 7iii7 ,individuals who have the requisite technical knowledge and expertise to serve on the ,advisory ,committee1 including representatives of-- 7,i7 communications service providers2 7,,ii7 vendors1 developers1 and manufacturers of systems1 facilities1 equipment1 and capabilities for the provision of communications services2 7,,iii7 third-party service bureaus2 7,,iv7 the broadcasting industry2 7,v7 the cellular industry2 7,,vi7 the cable industry2 7,,vii7 the satellite industry2 7,,viii7 national organizations representing individuals with disabilities and access and functional needs1 and the elderly2 and 7,,ix7 national organizations representing educational institutions1 including higher education4 7iv7 ,qualified representatives of such other stakeholders and interested and affected parties as the ,secretary considers appropriate4 7#c7 ,chairperson ,the ,secretary 7or the ,secretary's designee7 shall serve as the ,chairperson of the ,advisory ,committee4 7#d7 ,meetings 7,a7 ,initial meeting ,the initial meeting of the ,advisory ,committee shall take place not later than #abj days after the date of enactment of the ,integrated ,public ,alert and ,warning ,system ,modernization ,act of #bjac4 7,b7 ,other meetings ,after the initial meeting1 the ,advisory ,committee shall meet1 at least annually1 at the call of the ,chairperson4 7,c7 ,notice2 open meetings ,meetings held by the ,advisory ,committee shall be duly noticed at least #ad days in advance and shall be open to the public4 7#e7 ,rules ,the ,advisory ,committee may adopt such rules as are necessary to carry out its duties4 7#f7 ,consultation with nonmembers ,the ,advisory ,committee and the program office for the integrated public alert and warning system of the ,united ,states shall regularly meet with groups that are not represented on the ,advisory ,committee to consider new and developing technology that may be beneficial to the public alert and warning system1 such as-- 7,a7 the ,defense ,advanced ,research ,projects ,agency2 7,b7 entities engaged in federally funded research2 and 7,c7 academic institutions engaged in relevant work and research4 7#g7 ,recommendations ,the ,advisory ,committee shall develop and submit in the annual reports under paragraph 7#h7 recommendations for the continuation and improvement of an integrated public alert and warning system1 including-- 7,a7 recommendations for common alerting and warning protocols1 standards1 terminology1 and operating procedures for the public alert and warning system2 7,b7 an assessment of the accomplishments and deficiencies of the public alert and warning system1 as well as the impact on current alert and warning systems2 7,c7 recommendations for increasing participation in the system1 particularly among elementary1 secondary1 and higher education institutions2 and 7,d7 recommendations for improvements to the system1 including recommendations to provide for a public alert and warning system that-- 7i7 has the capability to adapt the distribution and content of communications on the basis of geographic location1 risks1 multiple communication systems and technologies or personal user preferences1 as appropriate2 7ii7 has the capability to alert and warn individuals with disabilities and access and functional needs and individuals with limited ,english proficiency2 7iii7 incorporates multiple communications technologies2 7iv7 is designed to adapt to1 and incorporate1 future technologies for communicating directly with the public2 7v7 encourages proper use by ,state and local governments of the public alert and warning system through training programs and other means2 7vi7 is designed to provide alerts to the largest portion of the affected population feasible1 including nonresident visitors and tourists1 and improve the ability of remote areas to receive alerts2 7vii7 promotes local and regional public and private partnerships to enhance community preparedness and response2 7viii7 promotes the participation of representatives from underserved and underrepresented communities1 to ensure that alerts and warnings reach such populations2 and 7ix7 provides redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to1 or utilize1 any specific medium of communication or any particular device4 7#h7 ,report ,not later than #a year after the date of enactment of the ,integrated ,public ,alert and ,warning ,system ,modernization ,act of #bjac1 and every year after1 the ,advisory ,committee shall submit to the ,secretary a report containing the recommendations of the ,advisory ,committee4 7#i7 ,federal ,advisory ,committee ,act ,neither the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 nor any rule1 order1 or regulation promulgated under that ,act shall apply to the ,advisory ,committee4 7e7 ,report ,not later than #a year after the date on which the system established under subsection 7a7 is fully functional and every six months thereafter1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 a report on the functionality and performance of the integrated public alert and warning system1 including-- 7#a7 the findings of the most recent ,advisory ,committee report under subsection 7d77#h72 7#b7 an assessment of the accomplishments and deficiencies of the system2 7#c7 recommendations for improvements to the system2 and 7#d7 information on the feasibility and effectiveness of disseminating homeland security information and other information1 notices1 and alerts prior to and following an incident requiring use of the system4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ac1djj1jjj for each of fiscal years #bjad and #bjae4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by adding at the end of the items relating to such title the following3 ,sec4 #ebf4 ,national integrated public alert and warning system modernization4 4 7b7 ,limitation on statutory construction 7#a7 ,in general ,nothing in this ,act 7including the amendment made by this ,act7 shall be construed-- 7,a7 to affect the authority of the ,department of ,commerce1 the authority of the ,federal ,communications ,commission1 or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq472 7,b7 to provide the ,secretary of ,homeland ,security authority to require any action by the ,federal ,communications ,commission1 the ,department of ,commerce1 or any nongovernment entity1 or to affect any existing obligations of those entities2 or 7,c7 to apply to1 or provide the ,administrator of the ,federal ,emergency ,management ,agency any authority over1 any participating commercial mobile service provider4 7#b7 ,participating commercial mobile service provider defined ,for purposes of this subsection1 the term participating commercial mobile service provider has the same meaning as such term has in section #aj4aj7;f7 of title #dg1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act4 7c7 ,homeland security grants ,section #bjjh7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fji7;a77 is amended-- 7#a7 in paragraph 7#ab71 by striking and at the end2 7#b7 by redesignating paragraph 7#ac7 as paragraph 7#ad72 and 7#c7 by inserting after paragraph 7#ab7 the following new paragraph3 7#ac7 improving public alert and warning capabilities2 and 4