Hearing of the House Homeland Security Committee - Advancing Public Alert and Warning Systems to Build a More Resilient Nation

Statement

Date: May 14, 2008
Location: Washington, DC

REP. CUELLAR: The subcommittee is meeting today to receive testimony from the Department of Homeland Security Federal Emergency Management Agency, the Federal communications Commission and the state and local government officials concerning the state of our timely alert and warning capabilities to the public before, during, and after an act of terror, disaster, or some sort of emergency.

First of all, good morning, and on behalf of the members of the subcommittee, I certainly want to welcome all of you all being here with us today. We're glad that you're all here to discuss the roles and responsibilities of federal agencies, state and local governments and the private sector with respect to issuing timely alerts and warning to the public. I think we've seen instances why those alerts have to be timely, as we've seen in the past.

With the recent rash of tornadoes in the Mid-West and Southeast and with the 2008 hurricane season just weeks away, enhancing the reliability, resiliency, and the accuracy of emergency alerts to the American public is of utmost importance to this committee and to the nation. Communities and individuals need to know what steps to take in the event of a natural disaster or an act of terrorism.

Looking forward to hearing about the efforts of FEMA and the rest of the Department of Homeland Security, what steps are taken to carrying out executive order, 13407 on alerts and warnings that President Bush issued on June, 2006, almost two years ago. The executive order directed the secretary of Homeland Security to create a comprehensive public alert and warning system for the United States. And I'm worried that the progress has been a little slow, but I'm sure we're going to go ahead and talk about how we're making progress on this.

I look forward to hearing from the Federal Communications Commission about their role in furthering the development of the next generation of alert and warning systems. I applaud the efforts made by the commission to comply with WARN Act to establish technical standards for the capability to send nationwide emergency alerts by text messages to cell phones and other devices during a crisis as technology improves, and we certainly need to make sure that our agencies, whether it's federal, state, local -- we keep up with the technology advances that we're seeing.

This committee will also look forward to the development of the Commercial Mobile Alert System (CMAS) for all of the millions of people in America that are attached to their cell phones and their blackberries. And I'm sure we've got a few in this room. They're attached to their cell phones and the blackberries. It is my understanding that the FCC has included the Texas State Broadcasters Association as a member of the Commercial Mobile Service Alert Advisory Committee. And as a member from Texas, I say thank you very much. I'm sure that they're providing invaluable input to the committee's work.

Further, while I recognize that my state of Texas is known for being the only state that provides 24-7 emergency alerts to its visually and hearing impaired citizens, I want to encourage other states to begin to provide the same capabilities to its citizens. Finally, I'm interested in hearing from our state and local witnesses who will convey the importance of alerts and warning to their constituents. I would be remiss if I failed to mention the significant role that the NOAA and the National Weather Service play in alerts and warning, and I hope that in the future they can join us in this critical discussion also.

As you know, alerts and warnings are the first and most -- one of the most important responsibilities that state and local governments have, especially during those emergency times. We need to ensure that any national system that we implement allows decision makers at the state and local level to have access to it.

Again, I want to thank the witnesses for being here, and I look forward to having your testimony on behalf of the committee. The chair now recognizes the ranking member of the Subcommittee on the Emergency Communications and Preparedness Response, the gentleman from Pennsylvania, Mr. Dent, for an opening statement.

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REP. CUELLAR: (Off mike) -- testimony. To all of you all, thank you, and at this time I would remind each member that he or she will have five minutes to question the witnesses. I now recognize myself for five minutes for the questions.

One question apiece. First one -- General Rainville, as you know, the nation has suffered greatly after the recent rash of tornadoes in the Mid-West and the Southeast. With the 2008 hurricane season just being weeks away, the time is now to fully update, integrate and implement a comprehensive all hazards public alert and warning system that relays critical information to the American people.

Given the number of years since the inception of the Integrated Public Alert Warning System, can you identify for the committee what has hindered FEMA from meeting the goals outlined by the President's executive order, 13407, to actually create the integrated warning delivery system of the national, state, and local messages?

MS. RAINVILLE: Yes, sir, Mr. Chairman. In early 2007 FEMA and National Continuity Programs established a program management office for IPAWS. That has allowed us to bring structure and organization and some strategic planning to the whole issue of integrated public alerts and warnings. So we can, in fact, integrate the efforts that have been taken to date. That and the funding from the Katrina supplemental allowed us in 2007 during the hurricane season to offer the pilot capabilities to Mississippi, Louisiana, and Alabama, and to share with the other states the lessons learned form those pilots.

What we have taken from those is first that it is important to train, and we offer training as apart of those pilots. We have been able to establish that -- American sign language video is another method of communicating alerts with those who are deaf or hard of hearing. There are other means as well, and different states have chosen different means.

And we also have understood some of the work that needs to be done to fully deploy the ETN, or Enhanced Telephone Notification System, issues of older infrastructure from the providers that need to be worked on.

What that has led us to is looking at hurricane season '08, realizing that what we're going to be doing this year in conjunction with strengthening the national infrastructure is rolling out in those states the first increment of IPAWS, not a pilot, but the first increment being laid down, which is to roll out the digital EAS in the eight states in one territory where we have piloted two years previously, and to add five more states into the digital EAS capability. And that adds for those states that satellite redundancy over PBS. And our statistics show us that 67 percent of American households tune into PBS at some point during the month.

We are also using our '08 funding to expand the number of primary entry point stations which are absolutely key to getting that message out quickly direct from the FEMA Operations Center to the PEP station. Also, NOAA uses our EAS system as well. So those are some concrete things that we have done progressing along with IPAWS.

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REP. CUELLAR: Yes, sir, Mr. Dicks. There is a letter from FEMA -- no, from the FEC to FEMA, I believe.

REP.: Isn't there a part of the letter --

REP. CUELLAR: The other way around, the other way around, saying that you all don't have statutory authority. Is that correct?

MS. RAINVILLE: Yes, sir. That was a letter that I signed that we sent just prior to the rulemaking.

REP. CUELLAR: To -- yeah, from FEMA over to the FCC. That's right.

MS. RAINVILLE: Yes, sir. Yes, sir. That letter was a result of our receiving the draft rulemaking, not for any reason other than some errors on our part, and realizing that there were some legal questions about the scope or the extension that an aggregator would require in FEMA's role and the need to clarify those authorities before we committed as FEMA as a federal entity. So I wrote that letter to the FCC at their request. They were very gracious and just took FEMA out specifically and gave us the time, the last couple of months, to work with them and with NOAA and internally to make sure that we clarified all those issues and could move forward. And that's what I'm saying. I think we are very, very close to moving forward.

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REP. CUELLAR: Yes, sir, Mr. Dicks. Let me -- 'cause my time is up, but let me just ask you -- do you --

REP. DICKS: You can have my time.

REP. CUELLAR: No, no, that's alright. Can you explain what FEMA, as you feel -- they might be in the best position to perform this -- responsibilities? I mean, do you feel FEMA should be the agency?

MS. RAINVILLE: Well, sir, we see FEMA's long role in the emergency alerting system and our role in working very closely with state and local governments in alerts and warnings as well as continuity of operations and really across the spectrum of emergencies.

REP. CUELLAR: Right.

MS. RAINVILLE: So we do feel that we have the technical ability, and what we've used these last few months to really define what that aggregator and federal gateway function is and to see how it would really fit in to integrated public alert and warnings for the cell industry and for other ways of delivery the message. So I believe this is very important for FEMA to seriously look at, and that is what the administrator will be deciding on.

REP. CUELLAR: Well, let me just follow on what Mr. Dicks mentioned a few minutes ago. What I would like for you to do, submit to the committee, is the goals under the executive order, where we are in meeting each of the specific goals, and if there's been a problem, why you haven't been able to meet one of those goals.

Tell us why, why -- the reason, but I also want to see some timelines 'cause, like Mr. Dicks said, you know, how long is this decision making process going to be going on 'til we take some positive steps in that direction?

REP. DICKS: Well, there needs to be legislative clarification, as you suggested. I think this is the committee that would have to do it.

REP. CUELLAR: Exactly.

MS. RAINVILLE: Thank you.

REP. DICKS: And we'd be prepared to do it. I mean, if this is what's holding it up -- yeah, but, you know, we need to hear from you on this.

MS. RAINVILLE: Right. We will get that to you as soon as possible.

REP. CUELLAR: So I need each goal to make sure we have the integrated system, why we haven't been not able to meet those goals, what do you need for it to be done and whether it's statutory authority, whatever it might be, and timetables. I think that's what Mr. -- what Norm was talking about, is we need some of the timetables provided to the committee seven days from today.

MS. RAINVILLE: We'd be happy to do that.

REP. CUELLAR: Okay, thanks. I have some other questions, but I'll wait on the second round. At this time I would like recognize Ms. Miller, who's standing in for Mr. Dent, and she'll be the next person. The gentlewoman from Michigan is recognized for five minutes.

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