Monday, October 14, 2013

HR 3283 Introduced – Public Alert System

As I noted in an earlier blog post Rep. Bilirakis (R,FL) introduced HR 3283, the Integrated Public Alert and Warning System Modernization Act of 2013, a bill that proposes to update the federal public alert and warning systems to the digital era. The bill would add a new section to Title V of the Homeland Security Act of 2002 (6 USC 311 et seq.); §526 (§321o) National Integrated Public Alert and Warning System Modernization

Section 2 of this bill lists a long list of Congressional Findings about the current outdated system of alerting the public to a wide range of natural and manmade emergencies. It closes with the comment that” although significant Federal integration efforts are underway, the aggregation, dissemination, and reporting system necessary for effective public alert and warning will require an integrated national network for reliable, secure, and authentic dissemination of emergency alerts and warnings by Federal, State, local, and tribal entities that are authorized to issue alerts to the public” {§2(5)}

National Integrated Public Alert and Warning System

Section 526(b) would require the Homeland Security Secretary to implement and modernize a public alert and warning system. In doing so the Secretary would be required to:

• Establish or adapt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures {§526(b)(1)};
• Include the capability to adapt the dissemination of homeland security information and other information and the content of communications on the basis of geographic location, risks, or personal user preferences {§526(b)(2)};
• Include the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and access and functional needs {§526(b)(3)};
• Ensure the conduct of training, tests, and exercises for the public alert and warning system {§526(b)(4)};
• Ensure that ongoing training is provided to State, local, tribal, and other homeland security stakeholders involved in the transmission of such messages {§526(b)(5)};
Ensure that the public alert and warning system uses the National Terrorism Advisory System {§526(b)(6)};
• Conduct, at least once every 3 years, periodic nationwide tests of the public alert and warning system {§526(b)(7)}; and
• Consult, coordinate, and cooperate, to the extent practicable, with other Federal agencies and departments and with State, local, and tribal governments, the private sector, and other key stakeholders  to leverage existing alert and warning capabilities {§526(b)(8)}.

Advisory Committee

The new language added would require the Homeland Security Secretary to establish the Integrated Public Alert and Warning System Advisory Committee (IPAWSAC) {§526(d)} to make recommendations on how to modernize and implement the national integrated public alert and warning system. The Advisory Committee would include State, tribal and local government agencies (including emergency response and emergency planning agencies), a variety of private sector representatives as well as representatives of a variety of affected federal agencies including:

• FCC
• NOAA
• DOC
• DHS S&T; and
• FEMA

The Advisory Committee would be required to prepare an annual report on the ‘continuation and improvement of an integrated public alert and warning system’ that would address:

• Recommendations for common alerting and warning protocols, standards, terminology, and operating procedures {§526(d)(7)(A)};
• An assessment of the accomplishments and deficiencies of the public alert and warning system {§526(d)(7)(B)};
• Recommendations for increasing participation in the system {§526(d)(7)(C)}; and
• Recommendations for improvements to the system {§526(d)(7)(D)}.

Those improvements would include:

• The capability to adapt the distribution and content of communications on the basis of geographic location, risks, multiple communication systems and technologies or personal user preferences {§526(d)(7)(D)(i)};
• The capability to alert and warn individuals with disabilities and access and functional needs and individuals with limited English proficiency {§526(d)(7)(D)(ii)};
• Incorporates multiple communications technologies {§526(d)(7)(D)(iii)};
• Is designed to adapt to, and incorporate, future technologies {§526(d)(7)(D)(iv)};
• Encourages proper use by State and local governments of the public alert and warning system through training programs and other means {§526(d)(7)(D)(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 {§526(d)(7)(D)(vi)};
• Promotes local and regional public and private partnerships to enhance community preparedness and response {§526(d)(7)(D)(vii)};
• Promotes the participation of representatives from underserved and underrepresented communities{§526(d)(7)(D)(viii)}; and
• Provides redundant alert mechanisms where practicable so as to reach the greatest number of people{§526(d)(7)(D)(ix)}.

Moving Forward


This is another motherhood and apple pie bill that will certainly receive bipartisan support if it ever reaches the floor of the House and Senate. The question is will it receive enough leadership support to move out of committee (it has been referred to both the Homeland Security and the Transportation and Infrastructure Committees) and then to the floor. This could sneak through as one of those little debated bills considered under suspension of the rules.

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