HR 3300 Introduced – FEMA Authorization

As I mentioned in an earlier post Rep. Shuster (R,PA) introduced HR 3300, the FEMA Reauthorization Act of 2013. The bill provides for funding the Federal Emergency Management Agency through 2016 at a flat annual rate of $972,145,000 {§101}, down from the FY 2013 funding of $973,118,000. There is not much else in this bill.

Section 102 does provide for the modernization of the Integrated Public Alert and Warning System. The language roughly parallels that found in HR 3283 that I have previously discussed. There are a number of editorial differences that might be of interest to lawyers, but nothing that appears to be of consequence beyond the fact that this version does not actually amend the Homeland Security Act. That means that the provisions and requirements laid out here would remain fairly buried and out of general public notice once this becomes law.

Section 201 reauthorizes the Urban Search and Rescue Response System; adding §327 to Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC 5141 et seq.). It makes some HR changes to the way individuals appointed to the system are placed into limited Federal Service to allow “for the participation of the System member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator” {§327(f)}.

Section 202 reauthorizes FEMA to make grants to provide for implementation of the Emergency Management Assistance Compact. FEMA is authorized to make grants totaling $2 million each fiscal year through 2016. The funds would remain available until expended.

As usual, I am disappointed that there is no mention of any FEMA responsibility for working with State or Local Planning Committees on emergency response planning for accidental or deliberate chemical releases. LPCs and their State counterparts are required by EPA rules, but there is no funding or oversight provided for these organizations that should be an integral part of planning for potential chemical disasters. Realistically, that type of grant funding or program oversight belongs under FEMA.

Congress has not passed a FEMA authorization bill since 2006. This bill looks like it has avoided any of the controversies that have impeded consideration of past bills. Rep. Shuster is Chairman of the House Transportation and Infrastructure Committee which is the only committee to which this bill has been referred. Rapid action within the Committee is expected, but we will have to wait and see how quickly it makes it to the floor.

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.