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+[House Hearing, 108 Congress] +[From the U.S. Government Publishing Office] + + + + EMERGENCY WARNING SYSTEMS: + WAYS TO NOTIFY THE PUBLIC IN THE + NEW ERA OF HOMELAND SECURITY + +======================================================================= + + HEARING + + + of the + + SUBCOMMITEE ON EMERGENCY PREPAREDNESS AND RESPONSE + + before the + + SELECT COMMITTEE ON HOMELAND SECURITY + HOUSE OF REPRESENTATIVES + + ONE HUNDRED EIGHTH CONGRESS + + SECOND SESSION + + __________ + + SEPTEMBER 22, 2004 + + __________ + + Serial No. 108-58 + + + + Printed for the use of the Select Committee on Homeland Security + + + Available via the World Wide Web: http://www.gpoaccess.gov/congress/ + index.html + + + __________ + + U.S. GOVERNMENT PRINTING OFFICE +26-275 WASHINGTON : 2006 +_____________________________________________________________________________ +For Sale by the Superintendent of Documents, U.S. Government Printing Office +Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 +Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�0900012006 + + + SELECT COMMITTEE ON HOMELAND SECURITY + + + + Christopher Cox, California, Chairman + +Jennifer Dunn, Washington Jim Turner, Texas, Ranking Member +C.W. Bill Young, Florida Bennie G. Thompson, Mississippi +Don Young, Alaska Loretta Sanchez, California +F. James Sensenbrenner, Jr., Edward J. Markey, Massachusetts +Wisconsin Norman D. Dicks, Washington +David Dreier, California Barney Frank, Massachusetts +Duncan Hunter, California Jane Harman, California +Harold Rogers, Kentucky Benjamin L. Cardin, Maryland +Sherwood Boehlert, New York Louise McIntosh Slaughter, New +Joe Barton, Texas York +Lamar S. Smith, Texas Peter A. DeFazio, Oregon +Curt Weldon, Pennsylvania Nita M. Lowey, New York +Christopher Shays, Connecticut Robert E. Andrews, New Jersey +Porter J. Goss, Florida Eleanor Holmes Norton, District of +Dave Camp, Michigan Columbia +Lincoln Diaz-Balart, Florida Zoe Lofgren, California +Bob Goodlatte, Virginia Karen McCarthy, Missouri +Ernest J. Istook, Jr., Oklahoma Sheila Jackson-Lee, Texas +Peter T. King, New York Bill Pascrell, Jr., New Jersey +John Linder, Georgia Donna M. Christensen, U.S. Virgin +John B. Shadegg, Arizona Islands +Mark E. Souder, Indiana Bob Etheridge, North Carolina +Mac Thornberry, Texas Ken Lucas, Kentucky +Jim Gibbons, Nevada James R. Langevin, Rhode Island +Kay Granger, Texas Kendrick B. Meek, Florida +Pete Sessions, Texas Ben Chandler, Kentucky +John E. Sweeney, New York + + John Gannon, Chief of Staff + + Stephen DeVine, Deputy Staff Director and General Counsel + + Thomas Dilenge, Chief Counsel and Policy Director + + David H. Schanzer, Democrat Staff Director + + Mark T. Magee, Democrat Deputy Staff Director + + Michael S. Twinchek, Chief Clerk + + ______ + + Subcommittee on Emergency Preparedness and Response + + John Shadegg, Arizona, Chairman + +Curt Weldon, Pennsylvania Bennie G. Thompson, Mississippi, +W.J. ``Billy'' Tauzin, Louisiana Ranking Member +Christopher Shays, Connecticut Jane Harman, California +Dave Camp, Michigan Benjamin L. Cardin, Maryland +Lincoln Diaz-Balart, Florida Peter A. DeFazio, Oregon +Peter King, New York Nita M. Lowey, New York +Mark Souder, Indiana Eleanor Holmes Norton, District of +Mac Thornberry, Texas Columbia +Jim Gibbons, Nevada Bill Pascrell, Jr., New Jersey +Kay Granger, Texas Donna M. Christensen, U.S. Virgin +Pete Sessions, Texas Islands +Christopher Cox, California, ex Bob Etheridge, North Carolina +officio Ken Lucas, Kentucky + Jim Turner, Texas, ex officio + + (II) + + + C O N T E N T S + + ---------- + Page + + STATEMENTS + +The Honorable John B. Shadegg, a Representative in Congress From + the State Arizona, and Chairman, Subcommittee on Emergency + Preparedness and Response...................................... 1 +The Honorable Bennie G. Thompson, a Representative in Congress + From the State of Mississippi, and Ranking Member, Subcommittee + on Emergency Preparedness and Response......................... 2 +The Honorable Christopher Cox, a Representative in Congress From + the State of California, and Chairman, Select Committee on + Homeland Security.............................................. 3 +The Honorable Jim Turner, a Representative in Congress From the + State of Texas, and Ranking Member, Select Committee on + Homeland Security.............................................. 22 +The Honorable Bob Etheridge, a Representative in Congress From + the State of North Carolina.................................... 25 +The Honorable Nita M. Lowey, a Representative in Congress From + the State of New York.......................................... 31 +The Honorable Eleanor Holmes Norton, a Delegate in Congress From + the District of Columbia....................................... 33 +The Honorable Curt Weldon, a Representative in Congress From the + State of Pennsylvania.......................................... 27 + + WITNESSES + Panel I + +Mr. James. Dailey, Director of Homeland Security, Federal + Communications Commission: + Oral Statement................................................. 8 + Prepared Statement............................................. 10 +Mr. Kathleen Henning, Certified Emergency Manager, International + Association of Emergency Management: + Oral Statement................................................. 13 + Prepared Statement............................................. 15 +Mr. Reynold N. Hoover, Director of National Security + Coordination, Department of Homeland Security: + Oral Statement................................................. 5 + Prepared Statement............................................. 7 + + Panel II + +Ms. Patricia McGinnis, President and CEO, Council for Excellence + in Government: + Oral Statement................................................. 51 + Prepared Statement............................................. 53 +Mr. Frank Lucia, Vice Chairman, Washington, D.C. Emergency Alert + System Committee Member, Public Communications & Safety Working + Group, Media Security and Reliability Council: + Oral Statement................................................. 45 + Prepared Statement............................................. 47 +Dr. Peter L. Ward, Founding Chairman, Partnership for Public + Warning, U.S. Geological Survey (Retired): + Oral Statement................................................. 35 + Prepared Statement............................................. 37 + + FOR THE RECORD + +Mr. Reynold Hoover Responses to Questions........................ 63 +Mr. Frank Lucia Responses to Questions........................... 84 +Ms. Patricia McGinnis Responses to Questions..................... 65 +Dr. Peter Ward Responses to Questions............................ 68 + + + EMERGENCY WARNING SYSTEMS: + WAYS TO NOTIFY THE PUBLIC IN THE + NEW ERA OF HOMELAND SECURITY + + ---------- + + + Wednesday, September 22, 2004 + + House of Representatives, + Select Committee on Homeland Security, + Subcommittee on Emergency Preparedness + and Response, + Washington, DC. + The subcommittee met, pursuant to call, at 10:08 a.m., in +Room 2261, Rayburn House Office Building, Hon. John Shadegg +[chairman of the subcommittee] presiding. + Present: Representatives Shadegg, Weldon, Camp, Cox (ex +officio), Thompson, DeFazio, Lowey, Norton, Etheridge, Lucas +and Turner (ex officio). + Mr. Shadegg. Good morning. The committee will come to +order. + I would like to ask unanimous consent that opening +statements be limited to the subcommittee and full committee +chairman and the ranking members of the subcommittee and the +full committee. Is there any objection? + Without objection, so ordered. + You may not be aware of this, but September is National +Preparedness Month, an effort to heighten the importance of +American families and businesses to be better prepared for +emergencies, especially in this new era of Homeland Security. +As a part of that effort, today we will be focusing on the +emergency warnings communication system, that is, how we can +get the best information to the public on what steps they +should take to protect themselves in the event of an emergency. + You know, it was Paul Revere and his partner who is less +well known, Robert Newman, who pioneered unknowingly the first +emergency warning system in our country. Newman was the +individual who hung lanterns. Of course, Paul Revere was the +one who made the famous ride. One if by land and two if by sea, +as well as a midnight ride warning that the British were +coming, were effective means of spreading the word in the 18th +century. However, in the 21st century, in a new war on +terrorism and a new era of Homeland Security and technology, we +must look at the most modern and effective ways to get +emergency warnings to our citizenry. + Consider, for example, these statistics. There are 169 +million cell phone users in the United States. There are 28 +million high-speed Internet lines always on. There are 107 +million households, well over 90 percent of those in the +country, that have telephone service, and there are over 11 +million paging units in service. More and more, technology is +becoming ubiquitous, and it would be foolish not to capitalize +on these potential conduits for informing Americans about what +to do in an emergency so that they can make an educated +decision about how best to protect themselves. + Think about a potential release, for example, of a bio- +agent or a dirty bomb. Based on global positioning technology, +GPS technology, a cell phone user could receive a text message +based on which cell towers he was closest to advising him of +the event. Linked with plume modeling technology, an individual +could be advised further as to whether to shelter where they +are in place or to evacuate. And this sort of technology is +already put into place. + For example, the States of Washington and my home State of +Arizona have launched a multi-State AMBER alert web portal +which has the ability to notify thousands of subscribers +through e-mail, cell phones, pagers, and other devices that a +child has been abducted. Fourteen additional States are set to +join, including the State of Mississippi. This is a partnership +of State, law enforcement, private companies, and the broadcast +media. + But there are also questions when we start discussing +notification systems. Keep in mind, for example, that the +Emergency Alert System was never activated on September 11th. +We need to consider who will control the content of the +message? How will we know that it is completely accurate? Will +it be nimble enough in order to take action in a timely manner? +Will local law enforcement be willing to share information with +the media? Will there be information overload? And, what +happens if electricity is lost? + An efficient and effective all hazards alert system must +bring together all available information in an accessible and +reliable manner and disseminated to Americans in a timely +manner via multiple technologies. In our examination, it is +likely that we will learn that no single solution exists. +Rather, we will have to rely on multiple modes and built-in +redundancy. + Today, we will hear from Federal officials from the +Department of Homeland Security as well as the FCC, the Federal +Communications Commission; and we will be particularly +interested in what the Department is doing to coordinate and +build upon the message from seven different warnings systems +that currently exist for all hazards and emergency notice and +its latest emergency communication demonstration project in the +National Capital Region. + Our FCC witness will provide perspective on the +Commission's latest notice of proposed rulemaking on changes to +the Emergency Alert System as well as the role of the media. Do +local broadcasters have enough guidance from local, State, and +Federal Government to operate an effective warning system? + And our second panel will provide insight on what +technologies are available and other issues that should be +addressed when considering emergency communications systems. + I would now call upon the Ranking Member, Mr. Thompson, for +his opening statement. + Mr. Thompson. Thank you, Mr. Chairman. + I join the Chairman in welcoming the witnesses to this +hearing, and I look forward to hearing your testimony on this +important topic. + When our hearing concludes today, I think it will be very +clear that our Nation does not have an effective warning +system. More than 3 years after the attacks of September 11th, +we still depend on a warning system that was created by +President Truman in the 1950s. And while it is true that this +system's technology has been upgraded over the years, the +simple facts are these: We are still dependent upon the +broadcast industry to distribute warnings; State and local +governments do not have the authority to require broadcasters +to distribute warning messages; and the current warning system +reaches only the limited audience that is listening to +broadcast radio or watching broadcasts on cable television at +the exact time that emergency announcement is made. + It seems to me when we face the very real threat of more +terrorist attacks within our homeland that this warning system +is wholly unsatisfactory and demonstrates a huge gap in the +administration's preparedness strategy. We can provide our +first responders with all the training and equipment they need, +but if we do not have an effective way to warn the public and +provide them with the information that will help them to +protect themselves and their families, we will fail in our +duties to save lives in the aftermath of the next attack. + This is not a new problem created by the September 11th +attacks. Numerous studies and reports have demonstrated that +our warning system is not adequate. Yet, even after 9/11, +nothing has been done to change the system. + Based on prior recommendations of several of today's +witnesses, we know what an effective warning system should do. +First, the system must distribute warnings through as many +communication channels as practicable, including telephone, +cell phone, and pagers. Second, the actual warning message must +be a single, consistent, and easily understood language that +can be used as a standard across all hazards and situations. +Finally, ownership of and accountability for the system must be +clear. Today, no one government agency is in charge of the +system, resulting in outdated warning plans, missing +communication links, and a lack of training and equipment for +emergency managers. + The administration must devote the resources to implement +these changes. We cannot wait for the next attack to +demonstrate the shortfalls of our warning systems. The Federal +Communications Commission has initiated this process by issuing +a notice of proposed rulemaking on the Emergency Alert System. +This notice raises some very important questions about the +adequacy of the current system and the alternative systems that +we should be considering. I hope the Commission uses this +opportunity to make real changes in the alert system and does +not simply patch an outdated approach to public warning. + Again, I thank the witnesses for appearing before this +subcommittee, and I look forward to your testimony. + Mr. Shadegg. I thank the gentleman. + The Chairman of the full committee, Mr. Cox, is now +recognized for his opening statement. + Mr. Cox. Thank you, Mr. Chairman; and thank you to the +Ranking Member. + Good morning to our witnesses. Let me, too, commend you for +your prepared testimony which you provided and for the wisdom +that I know you are about to share with us. + I will be brief. I agree with my colleagues that it is +imperative that our Nation address the question of how to +upgrade and modernize our emergency communication systems. +There are a lot of questions that attend to that. Of course, I +will always, forever have stuck in my mind the emergency +broadcast system test that we grew up with that puzzled us all. +What the hell is that thing for? Because it has never been +used. It is supposed to transmit Presidential messages to the +Nation in time of emergency, never used. + We can do a lot better than that. We are doing a lot better +than that. That system has been modernized and updated itself +several times. Now it is known as the Emergency Alert System. +But its origins are certainly reminders of another time and +another place when we didn't have anything like wireless or +digital or the Internet. + There are flaws in our current system. The Emergency Alert +System itself, as I mentioned, hasn't been used. So in addition +to upgrading the technology, we have got to ask ourselves, what +are the circumstances precisely under which we are going to use +these systems? Only half of the Nation's 14,000 broadcasters +are voluntarily carrying warnings and alerts through this +system. On September 11th, 2001, it wasn't activated, it wasn't +used. One wonders what kind of emergency is necessary before we +would find any use for that system. My home, California, has +never used the system to warn people when their lives and their +property are threatened by fires that are, if not predictable +entirely, that are certainly frequent occurrences. + This Emergency Alert System is probably the best known, but +there are seven distinct Federal warning and alert systems that +I hope we will discuss here this morning. + The national warning system operated by FEMA disseminates +emergency information to 22,000 national and regional State and +local emergency management offices. The National Weather +Service has several systems, weather alert systems, designed to +report through the news media. The AMBER alert web portal +provides actionable intelligence on a geographic basis to 32 +States, two thirds of the country, to help them identify and +track missing children. Each of these systems is designed for +its own specific purpose, and I am quite certain that some +overlap and some redundancy is not only unavoidable but +desirable. + No single warning alert system is guaranteed to reach +everyone, and so we can ask this morning how much overlap ought +we to have in these systems. When we deploy them, are we +properly focused on questions such as what if the telephone +lines were done? What if the power lines are down? What if the +cable TV is disabled? What about people with disabilities? What +if you are hearing impaired? What if you are blind? How should +the alerts be tailored to avoid unnecessary panic? + We have discussed this in other hearings, in other ways, +with the national color coded warning system. Will frequent +warnings desensitize the public to actual danger? How should +instructions on what to do be effectively conveyed to the +public? When precisely should an alert be transmitted? Will the +Federal system provide more meaningful information than is +available through the 24/7 news media? And, if not, are we +wasting a lot of resources on some of these systems? What role +should the Department of Homeland Security play? + I know we are about to make some progress in answering +these questions at this morning's hearing, so let me close as I +began, by thanking you all for being here; and thank you, Mr. +Chairman and Mr. Thompson, for being here. + Mr. Shadegg. I thank the gentleman for his statement. + The Ranking Member of the full committee, Mr. Turner, is +not with us at the moment. Should he join us, I will be happy +to afford him an opportunity to make an opening statement. + At this point, I would like to introduce our first panel so +we can begin the testimony and proceed. + Our first witness, Mr. Reynold Hoover, is the Director of +the Office of National Security Coordination and the Emergency +Preparedness and Response Directorate within the Department of +Homeland Security; our second witness, Mr. Jim Dailey, is the +Homeland Security Director for the Federal Communications +Commission; and our third witness, Ms. Kathleen Henning, is a +Certified Emergency Manager and a member of the International +Association of Emergency Management. + You will each have 5 minutes to make your opening +statement. We won't hold you strictly to that. Your entire +written statement will be made a part of the record, and so you +will know that your full statement is in the record if you +choose to just summarize it in your oral statement. + Mr. Shadegg. With that, Mr. Hoover, would you begin? + + STATEMENT OF REYNOLD N. HOOVER, DIRECTOR OF NATIONAL SECURITY + COORDINATION, DEPARTMENT OF HOMELAND SECURITY + + Mr. Hoover. Good morning. Thank you, Mr. Chairman. + Good morning, Chairman Shadegg and members of the +committee. My name is Reynold Hoover. I am the Director of the +Office of National Security Coordination within the Federal +Emergency Management Agency, FEMA. Thank you for the +opportunity to appear before you today to discuss the role and +activities of the Department of Homeland Security and FEMA to +support the important mission of public alert and warnings. + I would like to ask, as you mentioned, Mr. Chairman, that +my full written statement be included in the record. + FEMA, through our office, serves as the lead agent for the +Federal Government's Executive Branch Continuity of Operations +and Continuity of Government Programs. We also serve as the +executive agent for the development, operations, and +maintenance of the national-level Emergency Alert System known +as EAS and are responsible for implementation of the national +level activation of EAS tests and exercises. To carry out that +function, we serve as the EAS program manager within FEMA and +work in close cooperation with the Information Analysis and +Infrastructure Protection, the IAIP, Directorate for All +Hazards Alert and Warning. I should also note that we work +closely with the Federal Communications Commission, the FCC, +and the National Oceanic and Atmospheric Administration, NOAA, +which is a primary EAS user. + The Department is grateful for the alert and warning funds +Congress provided to IAIP this year and look forward to passage +of the President's 2005 budget which provides $2 million +additional dollars for EAS. Your funding will help provide +Americans with critical and timely information alerts and +warnings that will save lives and property. + This morning I would like to take a few moments to tell you +about EAS and the Department's efforts toward improving and +building our capability to provide a nationwide alert and +warning system. + The current EAS was established in 1994 and is essentially +a cascade, trickle-down distribution system from the FEMA +operations centers to 34 designated primary entry point, or +PEP, radio broadcast stations. At the request of the President, +we distribute a Presidential level message to the PEP stations, +which in turn rebroadcast the signal to monitoring stations +downstream which then broadcast the message over TV and radio. +This Presidential message is mandatory and must take priority +over other messages and must preempt other messages already in +progress. All other broadcasts of emergency messages are +voluntary. Nevertheless, State and local emergency managers +can, and do, activate the EAS for State and local alert and +warning messages such as AMBER alerts, hazardous material +incidents and weather warnings. NOAA and the National Weather +Service serve as the originator of emergency weather +information and play a significant role in the implementation +of EAS at the State and local levels. + But as efficient and useful as EAS has been, we in FEMA and +the Department of Homeland Security realize that the alert and +warning system that so many millions of people depend upon is +not everything to everyone all of the time. With the alert and +warning funding provided this year, FEMA and IAIP are making +great progress in our ability to reach more of the people more +of the time. + For example, we look forward to signing a cooperative +agreement with the Association of Public Television Stations to +launch a digital emergency alert system pilot project in the +National Capital Region. This pilot will demonstrate how the +capabilities of America's public broadcasters can be utilized +to dramatically enhance the ability to provide the American +people with critical and lifesaving information. This project +will also provide the Department with an improved mechanism for +distributing EAS and alert warning messaging via digital +television and satellite to an expanded range of retransmission +media such as cell phone service providers, computers, PDAs, +and other wireless devices. + Through the use of a geo-targeted alerting system which +uses reverse 911 technology, we will also test the ability to +provide targeted warning down to the individual household or +business. This proven technology will be conducted in the +National Capital Region in cooperation with NOAA's Forecast +Systems Laboratory and the Department of Homeland Security's +National Capital Region Office. + But while conducting proof of concept pilots, we are +simultaneously beginning to upgrade and expand the primary +entry point broadcast stations from a ground-based dial-up +system to satellite transmissions. This upgrade will ensure +their survivability in the event of a catastrophic attack on +the homeland. + We recognize that there is no single solution set that will +meet everyone's alert and warning requirements. That is why +FEMA, IAIP, and the Department has teamed up with NOAA, the +FCC, and the private sector to find the most appropriate +interoperable solutions to develop an Integrated Public Alert +and Warning System that we are calling IPAWS. We believe that +IPAWS, using digital technology in combination with upgraded +primary entry point EAS capabilities, will provide Federal, +State, and local emergency managers and leaders with the tools +they need to protect America from both manmade and natural +disasters. + Mr. Chairman, these are just a few of the examples of how +FEMA and the Department of Homeland Security have taken +seriously its responsibility to provide quick and accurate +dissemination of alert and warning information to our homeland +security partners and the American public. Thank you for your +invitation to speak, for your support of the Department's +mission, and for your interest in the Emergency Alert System; +and I will be pleased to answer what questions you may have. + Mr. Shadegg. Thank you very much. + [The statement of Mr. Hoover follows:] + + Prepared Statement of Reynold N. Hoover + + Good afternoon, Chairman Shadegg and members of the Committee. I am +Reynold N. Hoover, the Director of the Office of National Security +Coordination (ONSC) within the Federal Emergency Management Agency +(FEMA). Thank you for the opportunity to appear before you today to +discuss the role and activities of the Department of Homeland Security +and FEMA to support the important mission of public alert and warning. + FEMA, through my office, serves as the Lead Agent for the Federal +Executive Branch's Continuity of Operations (COOP) and Continuity of +Government (COG) programs, in accordance with Presidential Decision +Directive (PDD) 67, Enduring Constitutional Government and Continuity +of Government Operations. We also serve as the Executive Agent for the +development, operations and maintenance of the national--level +Emergency Alert System (EAS) and are responsible for implementation of +the national level activation of EAS tests and exercises. To carry out +that function, we serve as the EAS Program Manager within FEMA and work +in close cooperation with the Information Analysis and Infrastructure +Protection (IAIP) Directorate for All Hazards Alert and Warning. I +should also note that we work closely with the Federal Communications +Commission (FCC) which generally prescribes EAS technical standards, +procedures and protocols, and the National Oceanic & Atmospheric +Administration (NOAA) which is a primary EAS user. + The Department is grateful for the Alert and Warning funds Congress +provided to IAIP this year and look forward to passage of the +President's 2005 budget which provides 2 million additional dollars for +EAS. Your funding will help to provide Americans with critical and +timely information alerts and warning that will save lives and +property. This morning I would like to take a few moments to tell you +about the EAS and the Department's efforts toward improving and +building our capability to provide nationwide alert and warning. + The current EAS was established in 1994 and is essentially a +cascade, trickle down, distribution system from the FEMA Operations +Centers to 34 designated Primary Entry Point (PEP) radio broadcast +stations. At the request of the President, we distribute a Presidential +level message to the PEP stations, which in turn re-broadcast the +signal to monitoring stations down stream which then broadcast the +message over TV and radios. The system is designed to provide the +President the capability to transmit within ten minutes from any +location at any time. This Presidential message is mandatory, must take +priority over any other message and must preempt other messages in +progress. All other broadcasts of emergency messages are voluntary. +Nevertheless, State and local emergency managers can, and do, activate +the EAS for state and local public alert and warning messages--such as +AMBER alerts, hazardous material incidents and weather warnings. NOAA, +and the National Weather Service, serve as the originator of emergency +weather information, and play a significant role in the implementation +of EAS at the state and local level. While FEMA tests on a weekly basis +the connectivity to the 34 PEP stations, the national level EAS has +never been fully activated. + As you are well aware, the tragic events three years ago on +September 11th caused a paradigm shift in how we think about homeland +security and, in particular, alert and warning. As efficient and useful +as the EAS has been, we in FEMA and the Department of Homeland Security +realize that the alert and warning system that so many millions of +people depend upon is not everything to everyone all of the time. With +the alert and warning funding provided this year, FEMA and IAIP are +making great progress in our ability to reach more of the people, more +of the time. We believe in a very short period, using existing digital +and other cutting edge technologies, the Department will be able to +provide All Hazards alerts and warning to the greatest number of +people, all of the time. This includes persons with disabilities and +individuals for whom English is a second language. + For example, we look forward to signing a cooperative agreement +with the Association of Public Television Stations to launch a digital +emergency alert system pilot project in the National Capital Region. +This pilot will demonstrate how the capabilities of America's public +broadcasters can be utilized to dramatically enhance our ability to +provide the American people with critical, and lifesaving, information. +Utilizing open, non-proprietary architectures and applications, this +project will provide the Department with an improved mechanism for +distributing EAS and alert and warning messaging via digital television +and satellite to an expanded range of re-transmission media such as +cell phone service providers, computers, PDAs and other wireless +devices. + Through the use of a Geo-Targeted Alerting System (GTAS), which +uses reverse 911 technology, we will also test the ability to provide +targeted warning down to the individual household or business. This +proven technology will be conducted in the National Capital Region in +cooperation with NOAA's Forecast Systems Laboratory and DHS's National +Capitol Region Office. + While conducting proof of concept pilots for improving alert and +warning capabilities, we are simultaneously beginning to upgrade and +expand the Primary Entry Point broadcast stations from a ground-based +dial-up system to satellite transmission. This upgrade will expand the +location of entry point receiver stations and will ensure their +survivability in the event of a catastrophic attack on the homeland. + We recognize that there is no single solution set that will meet +everyone's alert and warning requirements, that is why FEMA, IAIP and +the Department has teamed up with NOAA, the FCC, and the private sector +to find the most appropriate interoperable solutions to develop an +Integrated Public Alert and Warning System (IPAWS). We believe that +IPAWS, using digital technology in combination with upgraded Primary +Entry Point EAS capabilities, will provide Federal, state and local +emergency managers and leaders with the tools they need to protect +America from both man--made and natural disasters. At the same time we +are aware of the concerns of our state partners who have invested in +their own alert and warning systems. With that in mind, IPAWS is +intended to be fully interoperable with those systems using common +alerting protocols + Mr. Chairman, these are just some examples of how FEMA and the +Department of Homeland Security has taken seriously its responsibility +to ensure the quick and accurate dissemination of alert and warning +information to our homeland security partners and the American public. + Thank you again for the invitation to speak, for your support of +the Department's mission, and for your interest in the Emergency Alert +System. I will be pleased to answer any questions you may have. + + Mr. Shadegg. Mr. Dailey. + + STATEMENT OF JAMES DAILEY, DIRECTOR OF HOMELAND SECURITY, + FEDERAL COMMUNICATIONS COMMISSION + + Mr. Dailey. Good morning, Mr. Chairman and distinguished +members of the subcommittee. I am James Dailey, Director of the +Enforcement Bureau's Office of Homeland Security at the Federal +Communications Commission, and I appreciate the opportunity to +come before you today to talk about the Emergency Alert System. + For over 50 years, the United States has had a mechanism in +place for the President to communicate with the public in the +event of a national emergency. Throughout this time, it has +been the FCC's responsibility to ensure that the broadcast +media had the capability to deliver Presidential emergency +notification. That mechanism is the Emergency Alert System. + In general, the Commission's rules prescribe technical +standards for EAS, procedures for radio and television stations +and cable systems to follow in the event EAS is activated, and +the EAS testing protocols. The current Emergency Alert System +requires radio, television, and cable systems to deliver a +Presidential activation of EAS, but their use of EAS and in +response to State and local emergencies, while encouraged, is +only voluntary. + Though the Cold War is behind us, we face a new homeland +security threat, and the Commission is acutely aware of the +importance to the American public of timely and effective +emergency warnings. Exciting changes are occurring in all +communications medium as the digital migration continues to +sweep across the technological landscape. As a result of these +changes, EAS has recently been the subject of extensive +examination. A broad range of issues have been raised by +citizens, the Commission's own Federal Advisory Committee, the +Media Security and Reliability Council, public and private +partnerships such as the Partnership of Public Warning, and our +Federal and State partners. + To ensure that we do our part to contribute an efficient +and up-to-date public alert and warning system, last month the +Commission released a Notice of Proposed Rulemaking. The NPRM +seeks comment on whether EAS is the most effective way to warn +the American public of an emergency and, if not, how the system +can be improved. + In the NPRM, the Commission raises broad questions about +whether the technical capabilities of EAS are consistent with +the Commission's mission to ensure that public warning take +full advantage of current and emerging technologies. The NPRN +also addresses the issue of the permissive nature of EAS at the +State and local level and seeks comment on whether the +voluntary nature of State and local EAS participation is +appropriate in today's world. + Additionally, there are other various issues upon which the +Commission seeks comment. For example, what the respective +roles of the Federal departments and agencies involved in the +implementation of EAS should be, how the delivery pipeline for +public warning can be made more secure and how it can be +tested, how both emergency managers and the public can utilize +a public warning system in the most effective manner, and how a +public warning system can most effectively provide warnings to +the disabled community and communities for whom English is a +second language. Indeed, a key focus is how to reach each and +every citizen with the right emergency alert and warning +information at the right time. + The FCC has and will continue through the NPRM proceeding +to coordinate with DHS, FEMA, NOAA, and others. We anticipate +that our Federal partners will be active participants in the +proceedings. In addition to seeking comments from all +interested individuals and Federal entities, we specifically +seek the participation of State and local emergency management +agencies and other interested parties; and, finally, we seek +input from all elements of the communications sector interested +in developing a more effective alert and warning +infrastructure. + As Chairman Powell noted in his statement supporting the +EAS Notice of Proposed Rulemaking, the NPRN is, quote, one of +many vehicles by which we collectively explore the most +effective mechanism for warning the American public of an +emergency and the role of EAS as we move further into our +digital future, unquote. + We look forward to working with Congress, Federal, State, +and local emergency managers, industry, the public, and others +to ensure that we can provide such a warning system to the +American people. I thank you, Mr. Chairman, for the opportunity +to appear before you today, and I will pleased to answer any +questions you and the members may have. + Mr. Shadegg. Thank you very much, Mr. Dailey. + [The statement of Mr. Dailey follows:] + + Prepared Statement of James A. Dailey + + EXECUTIVE SUMMARY OF JAMES DAILEY'S STATEMENT + + Since the Cold War era, the United States has had a mechanism in +place for the President to communicate with the public in the event of +a national emergency. Throughout this time it has been the FCC's role +to ensure that our licensees have the capability to deliver a +Presidential level activation. Under the current Emergency Alert +System, (known as EAS) all analog broadcast radio, television and cable +systems are required to deliver a Presidential level activation of EAS, +but their use of EAS in response to State and local emergencies, while +encouraged, is voluntary. + Though the cold war is behind us, we still face homeland security +threats and are acutely aware of the importance of timely and effective +warnings. In addition, there are exciting changes in our communications +medium as the digital migration continues to sweep across our country. +As a result of these changes, EAS has recently been the subject of much +examination. A broad range of issues have been raised by citizens, the +Commission's federal advisory group the Media Security and Reliability +Council, public/private partnerships such as the Partnership for Public +Warning, and our federal and state partners. To ensure that we do our +part to contribute to an efficient and technologically current public +alert and warning system that can alert each and every citizen the +Commission recently released a Notice of Proposed Rulemaking (NPRM) +that seeks comment on whether the current EAS is the most effective way +to warn the American public of an emergency and, if not, how the system +can be improved. + In the NPRM, the Commission raises broad questions about whether +the technical capabilities of EAS are consistent with the Commission's +mission to ensure that public warning take full advantage of current +and emerging technologies, particularly digital broadcast media. In the +NPRM, the Commission also addresses the issue of the permissive nature +of EAS at the state and local level and seeks comment on whether the +voluntary nature of the state and local EAS structure is appropriate in +today's world. Additionally, there are various miscellaneous issues +upon which the Commission seeks comment. For example, what the +respective roles of the federal government departments and agencies +involved in the implementation of EAS should be, how the delivery +pipeline for public warning can be made more secure and how it can be +tested, how both emergency managers and the public can use and respond +to a public warning system in the most effective manner, and how a +public warning system can most effectively provide emergency warnings +to the disabled community and communities for whom English is a second +language. Indeed, a key focus is how to reach each and every citizen. + The issues addressed in the NPRM have been coordinated with the +Department of Homeland Security (DHS) and its component, the Federal +Emergency Management Agency, (FEMA), and with the National Oceanic and +Atmospheric Administration (NOAA) and its component, the National +Weather Service (NWS). The Commission values these agencies' continued +participation in our review of EAS. + As Chairman Powell noted in his statement supporting the EAS Notice +of Proposed Rulemaking, the EAS NPRM is ``one of many vehicles by which +we collectively explore the most effective mechanism for warning the +American public of an emergency and the role of EAS as we move further +into our digital future.'' We look forward to working with Congress, +our colleagues at other Federal and State agencies, and the public to +ensure that we can provide such a warning system to our citizens. +Written Statement of James A. Dailey + +INTRODUCTION + Mr. Chairman, Ranking Member, and Members of the Subcommittee: + Good morning. I am James A. Dailey, Director of the Enforcement +Bureau's Office of Homeland Security at the Federal Communications +Commission. I welcome this opportunity to appear before you to discuss +the Emergency Alert System (known as EAS). + As Chairman Powell recently testified before the Senate Committee +on Commerce, Science and Transportation, the FCC is committed to play +our part in protecting our homeland and has designated Homeland +Security as one of the Commission's six strategic goals, with +particular attention to public safety and private sector readiness. The +Commission is well aware that an effective public alert and warning +system is an essential element of emergency preparedness, and that such +a system is impossible without effective private sector participation. +Accordingly, the Commission has been working with other Federal +agencies and the private sector to ensure that the American public is +provided with a robust, efficient and technologically current alert and +warning system. This morning, I will provide you with a brief history +of EAS and review the Commission's recent efforts to enhance and +improve the system. + +BACKGROUND + Since the early days of the Cold War, it has been the policy of the +United States to ensure a mechanism exists whereby the President can +notify the American Public in the event of a national emergency. This +mechanism began in 1951 when President Truman established CONELRAD, +which stands for Control of Electromagnetic Radiation. This early +system had a two-fold purpose: one, to warn the public of an imminent +attack; and two, to limit broadcasting and thus restrict the ability of +enemy missiles to use broadcasters as targeting beacons. Subsequent +systems, such as CONELRAD's replacement, the Emergency Broadcast +System, established in 1963 by President Kennedy, and the current +Emergency Alert System were not designed to thwart attack, but were +still based on the perceived need to have a sole, last resort method +for the President to contact the American public in time of emergency, +when other communication channels may be unavailable. The national +Presidential message that is the foundation of EAS relies on delivery +through analog radio and television broadcast stations and wired and +wireless cable systems, and when activated, would override all other +broadcasts or cable transmissions, national and local, to deliver an +audio message from the White House. This system, mandatory at the +national level, is also available on a voluntary basis for states and +localities to deliver local emergency notification. + +CURRENT OPERATION OF THE EAS SYSTEM + The Federal Communications Commission, in conjunction with the +Federal Emergency Management Agency (FEMA) and the National Weather +Service (NWS), implements EAS at the federal level. The respective +roles currently are based on a 1981 Memorandum of Understanding between +FEMA, NWS, and the Commission, on a 1984 Executive Order, and on a 1995 +Presidential Statement of Requirements. + EAS mandates only delivery of a ``Presidential message'' and the +Commission's EAS rules primarily are concerned with the implementation +of EAS in this national role. In general, the Commission's rules +prescribe: (1) technical standards for EAS; (2) procedures for radio +and television broadcast stations and cable systems to follow in the +event EAS is activated; and (3) EAS testing protocols. Under the rules, +national activation of EAS for a Presidential message is designed to +provide the President the capability to transmit within ten minutes +from any location at any time, and must take priority over any other +message and preempt other messages in progress. Commission rules +mandate EAS obligations only for analog radio and television stations, +and wired and wireless cable television systems. Other systems, +including, for example, low earth orbit satellite systems, paging, +direct broadcast satellite (DBS), digital television (DTV), satellite +Digital Audio Radio service (satellite DARS), and In-Band-On-Channel +Digital Audio Broadcasting (IBOC DAB) currently have no EAS +requirements. + Activation of the national-level EAS rests solely with the +President. The Robert T. Stafford Disaster Relief and Emergency +Assistance Act authorizes the President to make provisions for +emergency preparedness communications and dissemination of warnings to +governmental authorities and the civilian population in areas +endangered by disasters. This authority has been delegated to the +Department of Homeland Security's (DHS) Undersecretary for Emergency +Preparedness and Response as director of FEMA. FEMA acts as the White +House's executive agent for the development, operations, and +maintenance of the national level EAS and is responsible for +implementation of the national level activation of EAS, as well as EAS +tests and exercises. Further, the National Oceanic and Atmospheric +Administration, through the National Weather Service, makes extensive +use of EAS to report weather and other emergencies. + EAS is essentially a hierarchal distribution system. FEMA has +designated 34 radio broadcast stations as Primary Entry Point (PEP) +stations. At the request of the President, FEMA distributes +``Presidential Level'' messages to these PEP stations. As the entry +point for national level EAS messages, the PEP stations are monitored +in turn by other stations in the hierarchical chain. Broadcast stations +and cable systems are required to monitor at least two EAS sources for +Presidential alerts, as specified in their state EAS plans. Initiating +an EAS message, whether at the national, state, or local level, is +accomplished via dedicated EAS equipment. The EAS equipment provides a +method for automatic interruption of regular programming and is capable +of providing warnings in the primary language that is used by the +station or cable system. + State Emergency Communications Committees and Local Emergency +Communications Committees, comprised of emergency management personnel +and volunteers from industry, may be established in each state and +territory to prepare coordinated emergency communications systems and +to develop state and local emergency communications plans and +procedures making use of the EAS protocol and other Public Alert and +Warning systems the state may use in combination with EAS. These +committees also establish authentication procedures and the date and +time of the required monthly EAS tests. FCC rules accommodate these +state and local alert codes--such as the Amber alert code adopted by +the FCC in 2002. + Along with its primary role as a national public warning system, +EAS--and other emergency notification mechanisms--are part of an +overall public alert and warning system, over which FEMA exercises +jurisdiction. EAS use as part of such a public warning system at the +state and local levels, while encouraged, is merely voluntary. Thus, +although Federal, state, and local governments, and the consumer +electronics industry are taking steps to ensure that alert and warning +messages can be delivered by a responsive, robust and redundant system, +at the state and local level the voluntary nature of EAS has resulted +in an inconsistent application of EAS as a component of an overall +public alert and warning system for the American public. The public +receive most of their alert and warning information through the +broadcaster's and cable systems' voluntary activations of the EAS +system on behalf of state and local emergency managers. + +CURRENT ISSUES + The communications landscape is now drastically different from the +Cold War era when EAS and its predecessors were originally conceived. +Thus, the top down, one size fits all EAS approach may no longer be +appropriate. Also, the introduction of wireless and digital +technologies has broadened significantly the media through which public +alert and warning can be delivered. + Under Chairman Powell's leadership in the period after the tragic +events of 9/11, the Commission, through the Homeland Security Policy +Council, and more recently, the Enforcement Bureau's Office of Homeland +Security, has worked to provide leadership to the industries the +Commission regulates to evaluate and strengthen the Communications +infrastructure. One of the most visible results of this effort is the +Media Security and Reliability Council (known as MSRC), a Federal +Advisory Committee created by the Commission in March 2002, and +comprised of leaders from the radio, television, multi-channel video, +public safety and disabled communities. + In March 2004, the MSRC's Public Communications and Safety Working +Group reported on the efficacy of EAS as a public warning mechanism. +The Partnership for Public Warning (known as PPW), a not-for-profit, +public-private partnership incorporated in January 2002, with the goal +of promoting and enhancing effective, integrated dissemination of +public warnings, provided another analysis. Both MSRC's Working Group +and PPW advocate upgrading, not replacing, EAS. In particular, PPW +asserts that any new public warning system design should take advantage +of the existing EAS infrastructure and should be able to accommodate +existing EAS equipment, noting that it would be difficult to replace or +rebuild such a capability today at a reasonable cost. + +RULEMAKING PROCEEDING + Based in large part on the recommendations of the MSRC Working +Group and PPW, the Commission, on August 4, 2004 adopted a Notice of +Proposed Rulemaking (NRPM) to treat, in a comprehensive fashion, the +efficacy of EAS and the role of EAS as part of an overall public alert +and warning structure. The NPRM seeks comment on whether EAS as +currently constituted is the most effective and efficient public +warning system that best takes advantage of appropriate technological +advances and best responds to the public's need to obtain timely +emergency information. The NPRM also seeks comment on rules the +Commission may adopt to enhance the effectiveness of EAS. The +Commission encourages commenters to take into account MSRC's and PPW's +recommendations. + One of the central issues on which the Commission seeks comment is +the current role of EAS in an age when the communications landscape has +evolved from what it was when EAS predecessors--and EAS itself--were +originally conceived. In the NPRM, the Commission also seeks comment on +the future roles of the federal government departments and agencies +involved in the implementation of EAS. + The NPRM asks questions about the technical capabilities of EAS. +New technologies, such as digital television, cellular technology, and +personal digital assistants are rapidly redefining the communication +and broadcast landscape, making available to the public warning +technologies that are far more flexible and effective than the analog +mechanism currently employed by EAS. Because EAS relies almost +exclusively on delivery through analog radio and television broadcast +stations and cable systems, the NPRM asks whether EAS is outdated, how +it could be made more efficient, and whether it should it be phased out +in favor of a new model. Further, the Notice queries: If a new model +were to be adopted, what legal and practical barriers must be overcome +to ensure its implementation and effectiveness? What technologies +should serve as the basis for such a model? Alternatively, should EAS +requirements be extended to other services, such as digital TV, digital +audio broadcast, digital audio radio, or cellular telephones? The NPRM +also seeks comment on security issues relevant to EAS and on the +important question of how best to supply an effective public warning +system to the disabled community and non-English speakers. + The FCC already has begun--and will continue throughout this +proceeding--to coordinate with DHS and its component, FEMA, and the +Department of Commerce and its component, the National Oceanic and +Atmospheric Administration's National Weather Service. We anticipate +these federal partners will be active participants in the proceeding. +In addition to seeking comments from all interested individuals and +federal entities on the issues raised in the NPRM, we specifically seek +the participation of state and local emergency planning organizations +and solicit their views. Finally, we seek input from all +telecommunications industries concerned about developing a more +effective EAS. Comments are due October 29, 2004; reply comments are +due November 29, 2004. + +CONCLUSION + As Chairman Powell noted in his statement the EAS NPRM is ``one of +many vehicles by which we collectively explore the most effective +mechanism for warning the American public of an emergency and the role +of EAS as we move further into our digital future.'' We look forward to +working with Congress, our colleagues at other Federal and State +agencies, and the public to ensure that we can provide such a warning +system to our citizens. + The FCC is also aware that the Congress is taking an active +interest in the issue of public alert and warning, and would welcome +Congressional guidance in this area that would bring added certainty to +the industry. The Commission stands ready to provide whatever technical +assistance that the Congress would find helpful in this regard. + I thank you, Mr. Chairman, for the opportunity to appear before you +today. This concludes my testimony and I would be pleased to answer any +questions you or the other members may have. + + Mr. Shadegg. Ms. Henning. + + STATEMENT OF KATHLEEN HENNING, CERTIFIED EMERGENCY MANAGEMENT + INTERNATIONAL ASSOCIATION OF EMERGENCY MANAGEMENT + + Ms. Henning. Thank you. Thank you, Chairman Shadegg, and +Ranking Member Thompson and the distinguished members of the +committee for allowing me the opportunity to testify on +emergency warning for public responders and the public from the +perspective of emergency managers. + I am Kathleen Henning. I am President of K.G. Henning & +Associates. I am a board certified emergency manager. I have +recently retired from Montgomery County Maryland after 29 and a +half years of service as the emergency manager; and I am here +today to testify on behalf of the International Association of +Emergency Managers, Daryl Spiewak, our President, and the 2,800 +city and county emergency managers that make up our +association. I appreciate your holding this hearing on what is +a very important issue to us, and I would like for my full +statement to be made a part of the record. + As they say, life is very short, and we should eat dessert +first, so I am going to actually begin my statement with some +of the things that I have put in my summary document. + There is clearly a role for the media, for government, for +private and public partnerships when it comes to emergency +warning, and we need to employ a comprehensive system, but we +also need to make sure that it is integrated and that it is +coordinated with State and local officials. While there are +sirens that may work for some communities around nuclear power +plants or chemical facilities, sirens are not going to be very +effective in other jurisdictions, in large communities with +multi-hazards. Weather radios--the NOAA weather radios work +very well in most of the country, but the problem is that the +citizens are not really using these radios to the best +advantage. We really need to have a concerted national effort +to get these important tools into vulnerable institutions such +as hospitals and nursing homes and our schools and essential +government facilities. + The EAS system clearly needs some work and has not been +effectively utilized across the country. We need to have +improved coordination with State and local officials, and we +need to have mandatory capabilities for overriding and putting +in emergency messages. + We are also challenged by the mobility of our communities +today. People move across jurisdictional lines. As responders, +we have to go across jurisdictional lines. So it is very +important that we take advantage of all the technologies that +are out there--the cell phones, the telephones, the reverse 911 +systems, the automated notification systems, the blackberries +and other technologies that are out there and must be made +available on a 24/7 basis. We need to look at all of these +systems, but the systems, in order to be effective, have to be +reliable, effective, redundant, and appropriate to our +community needs. + Some of the things that we would like to emphasize in +looking at these systems are to make sure that we use an all +hazards approach and that we stay connected. After September +11th, we as a community looked at homeland security issues. We +need to stay connected with our Federal officials, need to stay +connected with our State officials, need to stay connected with +our local officials, need to stay connected, most importantly, +with the clients we serve, who are the citizens. We have to not +say ``what if'' but anticipate that there will be major +disruptions to power and have systems that can work despite +that. + We are facing new challenges. I was part of the EOC that +responded to the sniper attacks that affected Washington, D.C., +and one of the things that was very important to us and that +was successful was getting messages out to the schools to make +sure that they could lock down quickly. + We have already experienced the problems of bioterrorism, +the anthrax attacks, for example. There were public health +officials who couldn't talk to other public health officials +directly across lines. And that is one of the areas, for +example, where you are not going to be very effective if you +are only using sound bites. You really are going to need to put +out more detailed information to be able to share that +information. + I have mentioned the mobility of our citizens and that FEMA +is asking us to look at warning issues through mutual aid +agreements and other plans. I think we need to improve our +public partnerships. + The State Director of Emergency Management in Florida, +Craig Fugate, said last year, you can purchase a lot of +equipment, you can train your emergency managers, but if you +can't reach the people at 3:00 in the morning, you are just not +going to effectively improve the outcome. And that is what we +need to do. We need to have a system that can reach our people +24 hours a day and that is integrated with State and local +officials. + I want to thank you very much for the opportunity to come +and testify today, and I am glad to answer any questions that +you have at the end of our statements. Thank you very much. + Mr. Shadegg. Thank you very much for your opening +statement. + [The statement of Ms. Henning follows:] + + Prepared Statement of Kathleen Henning + +Introduction + Thank you Chairman Shadegg and Ranking Member Thompson, and +distinguished members of the Committee for allowing me the opportunity +to provide you with testimony on Emergency Warning Systems, and ways to +notify the public from the perspective of the Emergency Management +community. + I am Kathleen Henning, President of K.G.Henning & Associates, a +certified emergency manager, and retired Program Coordinator of +Montgomery County, Maryland Office of Emergency Management. I retired +last February as the Emergency Manager after 29 1/2 years of service to +the County. I am here today representing IAEM President Daryl Spiewak +of Waco, Texas, and the International Association of Emergency Managers +(IAEM). Currently, I am a member of the IAEM Governmental Affairs +Committee and I come before you today to represent the 2800 city and +county emergency management professionals in the 50 states and the U.S. +territories who are its core members. IAEM's members are responsible +for emergency preparedness, mitigation, response and recovery +activities and report to elected officials to ensure the public is +warned in times of emergency. We appreciate your holding this hearing +and focusing attention on this important issue. + +All Hazards Approach + The International Association of Emergency Managers takes the +position that the focus for public alerts and warnings must maintain an +All-Hazards Approach. We have all been reminded of the importance of +warnings for hurricanes, floods, and tornadoes by Hurricanes Charley, +Francis, and Ivan. IAEM President Daryl Spiewak, CEM, reminds us that +in addition to dealing with these deadly and destructive storms, our +emergency managers continue to deal with other all hazard issues such +as extreme summer heat, wildland fires, power losses, early winter +storms, hazardous materials events, transportation and utility +disruptions, as well as terrorist threats and activities. + +Need to Stay Connected + In a post September 11th world, where citizen populations and +public infrastructure may increasingly be targets for acts of violence, +it is critically important to remain connected to both federal and +local sources of information. + Disruptions to power and utilities, whether from severe weather--or +from threats to homeland security--require redundant emergency alert +and warning systems. + +New Era of Homeland Security + Citizens are facing new challenges on the home front. During the +Sniper Attacks in the National Capital Region, Montgomery County, +Maryland, relied on a number of means to alert its citizens. The +Emergency Operations Center was activated as information was collected +and evaluated from Police and Fire officials. Especially important was +the existing emergency management partnership with the schools which +allowed rapid dissemination of alert information to school officials to +warn elementary and secondary schools to lock down. Federal Bureau of +Investigation officials and County Police held televised joint press +conferences to ensure information was shared among agencies and +consistent information was given to citizens. Citizens and government +officials relied on the broadcast industry for detailed coverage of the +unfolding event. In addition government officials used the media to +convey warnings about potential suspects and important safety +information. The Sniper Attacks demonstrated how coordination would be +handled across jurisdictional lines. + +Bioterrorist Event + Similarly, in the event of a bioterrorist attack there would need +to coordination among health officials and various governmental +organizations. Quarantine and isolation measures might need to be +quickly implemented to stop the rapid spread of diseases such as +smallpox. Specific and detailed information would need to be promptly +delivered to millions of individuals for certain public strategies such +as quarantines to be effective. + +Mobility and Interoperability Challenges + Warning information is important not only to the individuals in +harm's way, but also to their families, employers, and others who +travel through the area. Our citizens are highly mobile and often move +between jurisdictions. Information about what is happening in other +jurisdictions is also important to local responders. The efforts of the +Department of Homeland Security and the Federal Emergency Management +Agency to increase the use of mutual aid agreements make it critically +important that there be a broader and more rapid sharing of emergency +information among the jurisdictions which may be involved. The need to +maintain readiness without compromising our capability to respond to +threats of terrorism means this information may need to be rapidly and +effectively exchanged in a secure environment among emergency +management organizations. Some communities have the capability to +provide warnings to their citizens from a broad range of hazards. But +statewide warning systems are often incomplete or non-existent. Part of +the warning system must include the ability of counties and large +cities to provide rapid information to smaller municipalities and +townships where appropriate. We need to expand our capability to +activate cell phones, pagers, Blackberries, and call telephones on a +twenty-four hour basis. As noted before, it is time to look to new +technologies to meet the needs of our citizens. + +Tools of the Trade + Local governments through their Offices of Emergency Management are +accountable for warning the public of imminent danger and should have +the tools to do the job. These tools vary and may include: partnerships +with the National Weather Service and local broadcast stations; use of +the Internet and World Wide Web access alert systems; automated +notification systems; outdoor warning systems like sirens; and. when +needed--door-to-door notifications by Police, Fire and other public +safety officials. While sirens may work in some communities well versed +in a single hazard such as a nuclear power plant, a chemical plant, or +tornadoes, they are not effective for multiple hazards. A high degree +of public awareness is vital to the success of sirens. It is time to +look to new technologies to meet the needs of our citizens. Warning +systems need to be reliable, effective, redundant, and appropriate to +local needs with clearly devised messages. An integration of several +systems is still the most effective overall strategy for warning +systems. + +NOAA Weather Radios and Vulnerable Groups + IAEM supports the partnership of NWS and the Emergency Alerting +System (EAS), but encourages improvements to the current system. NOAA +Weather Radio remains the NWS's primary input to EAS. The NWS provides +weather, hydrologic and climate forecasts and warnings for the United +States and its territories. Because we are linked so closely together +as a country, our economy is impacted by weather and events that happen +across state lines and on opposite sides of the country, and as such, +it is important to maintain this national information source. State and +local authorities want the ability to input messages for all types of +hazardous events on EAS and be able to remotely access the equipment at +all hours of the day. Craig Fugate, Director of Emergency Management +for the State of Florida has said ``You can purchase a lot of equipment +and do a lot of training for first responders, but if you can't warn +the public at 3:00AM, you haven't really improved the outcome of the +event.'' To support state and local officials, there is an immediate +need for mitigation and prevention funds to support the purchase of +NOAA Weather Radios for elementary and secondary schools, vulnerable +facilities, and for essential governmental buildings. Some communities +have used FEMA mitigation funds to purchase radios for schools +throughout their district while others, such as the State of Maryland, +used the FEMA mitigation funds to provide radios for schools throughout +the state. In Kansas City, Project Community Alert partnered with a +major grocery chain to sell over 30,000 radios to the community and +used mitigation funds for three Kansas and five Missouri counties to +purchase the radios for high risk facilities. We would like to see +these types of programs expanded with partnerships with private +industry to encourage the use of NOAA radios in all schools, day cares, +nursing homes, hospitals, public safety buildings, and general public +facilities. A concerted national commitment is needed to expand the use +of these radios in all occupied structures but especially in vulnerable +institutions and essential government buildings. + +NOAA for Homeland Security Events + We would like to see the use of NOAA Weather Alert Radios as a +major method of alerting the public on homeland security events. The +Department of Homeland Security has been working with NOAA to designate +them as a means of public warning and we would encourage the expansion +and support of that project. Reaching vulnerable populations is +critically important. NOAA radios provide the added protection of round +the clock 24/7 immediate notice. + +EAS + Emergency Managers need a fast, reliable way to inject messages +into the Emergency Alert System (EAS). At this time no single technical +solution has been federally mandated or funded to do this. Local +jurisdictions adopt warning systems customized to meet their own needs. +Decentralization has resulted in a lack of standardization of messages +and confusion in public awareness. But there can be benefits to +multiple interfaces. For example, using multiple interfaces with the +NWS's Weather Forecast Offices? Advanced Weather Interactive Processing +System (AWIPS) provides redundancy if a primary system goes down due to +hurricanes or other severe weather. Having multiple centers on +different servers can also provide a degree of protection from computer +viruses and hackers. Another issue for EAS is the need for improved +coordination and integration with state and local resources. While +Homeland Security would clearly dictate the need to activate the +system, there are numerous smaller events that warrant its use. Without +more frequent use and testing, the system's inadequacies will not be +corrected for use with homeland security. Improvements are needed for +Emergency Operations Center and Public Safety Dispatch center +installations, as well as training of personnel on its use. + +Internet Access + Use of the Internet and World Wide Web is especially valuable in +the preparedness phase of an emergency to advise citizens to update +family emergency notification lists, restock disaster kits, and ensure +special needs are handled. More importantly state and local emergency +management and government websites provide specific and more detailed +information customized for local needs. This includes evacuation and +egress routes, site-specific data about environmental conditions, road +closings, or hazardous conditions. The Internet provides access to +Doppler Weather Radar, satellite imagery, and hazardous weather +conditions critical to the safety of first responders, if the +information can get to the responders in a timely fashion. + +Media Role and Evacuations + There is a role for media broadcasters, especially in helping to +educate the public. A positive role is providing pre-event storm +messages to the public on the differences in meaning from weather +advisories, watches, and warnings. Similarly they can assist in +encouraging preparedness measures. However, during emergencies it is +critically important that the media carefully coordinate with local +officials for announcements about protective actions. This coordination +is vital to avoid confusing the public with contradictory messages on +important issues. In addition, images of newscasters standing on +beaches during high winds may send conflicting messages about the +safety of seeking shelter or following evacuation orders. Studies have +indicated that people consider a wide variety of factors in making +their evacuation decision. According to a study by Dr. Kirstin Dow +``the media--especially the Weather Channel--is viewed as the most +reliable information source? and is highly influential in making +evacuation decisions. This points out how important the partnership +must be between the media and city and county officials who are issuing +evacuation orders. + +NWS IT Interface + Among the diverse strategies available for warning is the National +Weather Service's effort to implement a centralized point of collection +for non-weather related emergency messages. These would be broadcast +over existing NWS dissemination systems. The NWS is working on an All- +Hazards Emergency Message Collection System called HazCollect IT +system, expected to be released in the fall of 2005. HazCollect will +provide an IT interface between state and local systems such as EMnet +and the NWS Advanced Weather Interactive Processing System (AWIPS) +through FEMA's Disaster Management Interoperability Services. + +Cable Access + Due the changes in viewing habits, more and more citizens now watch +cable and direct satellite programming, and it is equally important to +reach this audience with EAS messages. In the past IAEM has objected to +the practice of cable systems overriding broadcaster's programming of +state and local Emergency Alert System messages. Mandatory messages +would improve the early warning system. + +Rural Communities + A great many communities across this country are sparsely +populated, rural, and with limited financial resources. Among the +resources they lack is a full-time dedicated emergency management +agency director and emergency alert systems capable of reaching +isolated populations. IAEM supports increases to the Emergency +Management Performance Grants (EMPG)--the only source of all hazard +federal funding supporting state and local government emergency +management personnel and organizations. + +StormReady Program + The International Association of Emergency Managers supports the +NWS StormReady program, promoting adequate warning and alert systems, +effective Emergency Operations Centers, and prompt dispatch of public +safety resources. Encouraging communities to strive for StormReady +designation is a partnership which will help communities be better +prepared to save lives through emergency planning, effective warnings, +education, and awareness of severe weather conditions. + +FCC + IAEM has not yet taken a position on the new regulations introduced +by FCC last month, but our members are reviewing the proposals. + +Research and Development + There has always been a need for enhanced funding for research and +development for public warning capability. We believe it has to be +multi-faceted to be effective. We support research and development in +the various phases and elements of warning systems, but we do not want +it limited to promoting a single technology. Warnings need to be +reliable, effective, redundant, and appropriate to local needs and +flexible and adaptable to new technologies. We believe that having the +ability to integrate several systems is still the most effective +overall strategy, and research and development should look at the +integration issues as well. + +Summary + There is clearly a role for the media, private sector, and +government, but those roles need to be coordinated and integrated. +While sirens may work in some areas, they would not be effective in +many other areas. Weather radios work well in most areas, but their use +by citizens is limited at best. A concerted national commitment is +needed to expand the use of NOAA radios in all schools, hospitals, +nursing homes, day and elder cares and other vulnerable institutions. +The EAS system needs work and improved integration with state and local +governmental entities. Today we are challenged by the mobility of our +population that moves across jurisdictions for homes, work, and +schools. We need to expand our capability to activate cell phones, +pagers, Blackberries, and call telephones on a twenty-four hour basis. +As noted before, it is time to look to new technologies to meet the +needs of our citizens. Warning systems need to be reliable, effective, +redundant, and appropriate to local needs with clearly devised +messages. IAEM supports an integration of several systems, in +coordination with state and local governments and organizations, as the +most effective overall strategy for warning systems. + Thank you again for the opportunity to participate in this +important hearing. I would be pleased to answer any question you have +and are available for any questions that you may have regarding this +presentation. + + Mr. Shadegg. Mr. Hoover, let me begin with you. + I don't know if you referred to all of these, but I +understand FEMA has four pilot projects going on. I know you +mentioned the digital EAS pilot project in the Capitol region +with public television. There are three others, as I +understand: the Integrated Public Alert and Warning System +study, some $350,000; the EAS primary entry point satellite +network upgrade; and the Geo-Targeted Telephone Alert and +Warning System. + For consumers of this kind of information, how soon can we +expect these pilot projects to take us to the next step, that +is, the implementation of an improved warning system? As the +Ranking Member said, we are still dealing with somewhat of an +outdated, outmoded system, and it seems to me the American +people deserve to know not only that we are making progress but +what the time line for that progress is. + Mr. Hoover. Thank you, Mr. Chairman, for that question. And +we are making great progress, and I think you summed up +actually the four projects that we are doing. + There are two very critical things going on at the same +time. The first is this digital pilot that we are doing with +public television here in the National Capital Region. That is +a 6-month pilot; and we expect that the success of that pilot +will then be able to take it nationwide. So within the next 6 +months we ought to be looking at is that system working to +provide us the digital backbone that the APTS has offered to +the Federal Government and to the Department of Homeland +Security basically free of charge to be good partners with us +in Homeland Security. That can then form the backbone of a +national digital system that is interoperable. + The other piece that is going on and is one of the findings +that the MSRC and also PPW, Partnership for Public Warning, +came up with was that we needed to improve and enhance the +current EAS system, that is, those 34 primary entry point +stations that I mentioned in my remarks. All of those folks +have said we don't need to create a new system, we need to +upgrade what we are doing. So with one of the four projects +that you mentioned is to start the upgrade from the dial-up +capability that we have now to a satellite-based system, and we +believe we will have that in place by the end of next year. + Mr. Shadegg. You mentioned in your testimony reverse 911. +Can you explain reverse 911 for the committee and the public? + Mr. Hoover. No. + Mr. Shadegg. That was the answer my staff gave me when I +asked that. + Mr. Hoover. Mr. Chairman, my understanding of the reverse +911, it builds on the capability to dial back to you from your +home, from your home phone number, similar to the caller ID. +And with my technical folks, maybe we can get you a much better +explanation. + But the specifics of what we are doing with this geo- +targeting capability takes the reverse 911 capability kind of +to the next level that we have--they have basically geo-coded +down to the individual household and business all of the phone +numbers in the area, and so we will be able to pinpoint +exactly, using plume modeling or any other model that is out +there, a telephone call back to somebody and give them a +particular warning or alert message. So we are very excited +about the technology that has already been proven and NOAA has +been demonstrating--I think in Houston is where they have used +it--and now we want to take that and try to integrate that into +the overall structure of the Integrated Public Alert and +Warning System. + Mr. Shadegg. AMBER alert has appeared to demonstrate pretty +stunning success so far. There have been 150 children +successfully recovered. Is AMBER alert the model for the future +in terms of these warning systems, or are there things that +should be taken from AMBER alert and expanded beyond that? + Mr. Hoover. I think the second part of your answer, Mr. +Chairman. AMBER alert is certainly one solution set that is out +there. And what we need, and I think the members have pointed +out, is we need to have a common alerting protocol so that as +whatever the messages are that are common across the board from +the State, from the local, and from the Federal Government as +we use the system, the model that the AMBER alert folks have +put forward, and certainly your State in Arizona with the AMBER +alert portal, certainly seems to be something we are interested +in; and we want to try to integrate a portal-like look to the +digital pilot that we are doing here in the National Capital +Region. + Mr. Shadegg. Mr. Dailey, is your role limited to setting up +the structure or are you active participants in creating the +system? And I guess I am thinking of specifically the ability +to use pagers, the ability to use this kind of a device for +notification, the ability to use cell phones for notification. + Mr. Dailey. We have multiple roles. The current system that +is mandated for the Presidential delivery is in the FCC rules. +The broadcasters must participate. They must install the +equipment. We inspect the broadcast stations on a random basis +to make sure the equipment is there and functional so that it +can be used by the President when needed. And, as you said, it +has never been used for that function. So when not used by the +President, it can be used on a voluntary basis. But the +equipment, the infrastructure is there. + So the questions that we ask in our Notice of Proposed +Rulemaking is, fundamentally, what do we need to do to mandate +or should we mandate participation in alert and warning at +various levels or can the marketplace forces and the community +forces be sufficient to provide an appropriate alert and +warning system? + Because we are really talking about several layers of alert +and warning. We have the Presidential or national alert warning +or, for the command structure of the country, a system whereby +the Secretary of the Department of Homeland Security can +address the Nation. Then you want an alert and warning system +that permits the governor the same option, and you want a +system that permits the mayor or the county emergency manager +or the county executive director to have that same option. So +you are talking about a layered system, and how we would +implement that and whether it needs to be mandated or not is +really the broad question. + Mr. Shadegg. Ms. Henning, although my time has expired, I +will try to get you in the second round. You are the consumer +on this panel who can tell us how these other gentlemen are +doing their jobs. + I would now call on Mr. Thompson, the Ranking Member, for +his questions. + Mr. Thompson. Thank you, Mr. Chairman. + And I would--Mr. Hoover, Mr. Dailey, you can choose which +one would want to go first, but since a lot of what we are +talking about came about because of 9/11, can you tell me why +we didn't have a Presidential alert on 9/11? + Mr. Hoover. The current EAS system was designed during the +Cold War; and I think, as one of the members pointed out, in +the 1950s it was designed to warn the Nation of an impending +nuclear strike on the country. It was designed to put the +President on a nationwide message to the country to tell them, +you know, that missiles are inbound or perhaps the missiles +have already struck and give critical information to the Nation +in time of emergency. + This September 11th attack--and I was not in the government +at the time. But the September 11th attack was not something +that the system was necessarily designed to use at the national +level but certainly could have been used at the State and local +level. There are provisions, as Mr. Dailey pointed out, for +State and local emergency managers to activate and use the +system, as well as the State governors could use the system if +they wanted to. + Mr. Thompson. Well, you know, some of us were directly +involved in it; and we saw no warning of any kind. And if +members of Congress didn't get any warning, you know, the +public is assuming that this system should work. And I guess +the question been answered. + The other part is, how many people actually got notified by +our emergency warning system on 9/11? + Mr. Hoover. Mr. Thompson, I don't know the answer to that, +but we can try to find the answer for you. + Mr. Thompson. Well, then I will take it another step. How +many could potentially have been warned under the existing +system? + Mr. Hoover. Mr. Thompson, under the existing system we +believe that we can reach at least 95 percent of the Nation. + Mr. Thompson. At 9/11. + Mr. Hoover. At 9/11, when the system that we currently +have, which is the system that we had in place on 9/11, the +system is designed through the 34 primary entry point stations +to reach 95 percent of the American public. + Mr. Thompson. But it is your testimony today that we didn't +use it. + Mr. Hoover. That is correct. We did not use it on September +11th at the national level. + Mr. Thompson. Well, that is kind of startling to have it +and not use it, and the public would assume--but we will go +forward. I understand that we put a working group together to +start looking at some of these issues around our emergency +warning system, and the White House report recommended that +this group be put together to do a single, consistent, easily +understood terminology, biohazards and situations. Had we put +that group together? + Mr. Hoover. I am not sure which group you are referring to, +but there have been a number of groups. The FCC has put +together a Media Security and Reliability Council that we have +been a part of to look at all of the issues surrounding +improving the EAS. And perhaps Mr. Dailey can talk a little bit +more on that. + I can tell you, from our perspective, we have brought +together members of the State and local government, we have met +with members of the media and our other partners within the +government, NOAA and IAIP, to develop what we believe is a very +useful and great potential solution to improving the current +state of the-- + Mr. Thompson. Well, the specific report was a White House +report issued in 2000 that recommended a working group be +established. And my question is whether or not, to your +knowledge, was it ever established? + Mr. Hoover. No, I don't think so. But I will go back, and +we can check back on that. + Mr. Thompson. Okay. The report was entitled Effective +Disaster Warnings, and it was quite clear that certain things +ought to be handled. + The other issue speaks to the same White House report, +recommended that warnings should be delivered through as many +communication channels as practical so that the users who had +risks, inside or outside, at work, home, school, or shopping, +or in transportation--have we done that today? + Mr. Hoover. Yes, sir, we have. We are moving forward with +funding that was provided in the President's 2004 budget that +was $10 million dollars to IAIP. We have now developed the +capability to do that. We have not deployed that capability, +and we believe that using the digital backbone that the public +television service stations are offering to us, that we will be +able to do it. + Mr. Thompson. Just to follow up. How far are we from having +the system? + Mr. Hoover. We are within weeks of deploying a digital EAS +capability here in the National Capital Region, which will then +be able to reach the re-transmission medium. And I should point +out that we have also engaged the cell phone service providers +to be involved in that project so that we can not only talk to +folks or send messages out over the TV and radio but also call +you on your cell phone, your pager, your PDA. + Mr. Thompson. I understand. Capital Region. But what about +Mr. Cox in California? + Mr. Hoover. Mr. Cox in California does not yet have the +capability that we have--we are going to demonstrate here in +the National Capital Region. We believe that it will be +successful and that by the end of next year we will be able to +take that digital backbone and go nationwide with it. + Mr. Shadegg. By unanimous consent, the Ranking Member of +the full committee was to be afforded an opportunity to make an +opening statement. He has now arrived. + Mr. Turner, would you like to make any opening comments? + Mr. Turner. I am fine. Thank you, Mr. Chairman. + Mr. Shadegg. The Chair would call upon the chairman of the +full committee, Mr. Cox, for questions. + Mr. Cox. Thank you. + I would just like to continue with Mr. Thompson's inquiry. +The digital capability that we are exploring is aimed in the +pilot project here in Washington at cell phones? + Mr. Hoover. Yes. Mr. Cox, what we are doing with the +Association for Public Television Stations and the public and +the digital capability that they are offering us is we are +trying to have an open architecture, non-proprietary system +that will be interoperable with State and local government and +other systems that States have already invested in. + Mr. Cox. Did you say 60 days is the length of the pilot? + Mr. Hoover. The pilot? Six months. + Mr. Cox. Six months. And will you demonstrate within a 6- +month period cell phone capability? + Mr. Hoover. Yes. We have been in active discussions with T- +Mobile, with Verizon and Nextel to be involved in and engaged +in the pilot project with us. + Mr. Cox. And do you know what happens if I am on a call? + Mr. Hoover. I do not. + Mr. Cox. Is this digital capability going to reach e-mail +devices? + Mr. Hoover. Yes. + Mr. Cox. And will the capability be demonstrated, for +example, on a Blackberry or on e-mail-equipped cell phones? + Mr. Hoover. Yes. And I should point out as well, we have +been in discussion with the Weather Channel, which has been a +great partner with FEMA over the years, in using some of their +capability. Because they also have that capability and have +demonstrated a nationwide capability to alert you on your cell +phone, on your pager, on your telephone of weather warnings in +your area. That is a subscription service, and we are very +interested in--next month in October--meeting with the Weather +Channel as a follow-up to integrate them into this as well. + Mr. Cox. How does the digital backbone open architecture +pilot address Ms. Henning's main point, that you have got to +reach people at 3:00 in the morning when they are asleep? + Mr. Hoover. Well, that is certainly one of the challenges. +And there are manufacturers that we are aware of that have +developed some capability--maybe Mr. Dailey can address that-- +where that will turn on your television or turn on your radio +or shake the bed. And there is other technologies. + Mr. Cox. I was trying to make this an easy question. Most +people in America have telephones. Isn't that the good news? + Mr. Hoover. Yes, sir. + Mr. Cox. Can't we just call them? + Mr. Hoover. We can. And that is the reverse 911, that geo- +targeting technology. + Mr. Cox. Is that going to be part of this demonstration? + Mr. Hoover. Yes, it is. + Mr. Cox. So somebody can get a call at 3:00 in the morning +as part of this pilot? + Mr. Hoover. Potentially, yes, sir. + Mr. Cox. Hopefully not potentially, or we haven't +demonstrated much. + Now, on the existing system that was designed for the +President, my understanding is that legally, even though other +people can use this system, only the President can make it +mandatory. Is that right? + Mr. Hoover. Yes, that is correct. The Presidential message +is the only mandatory message that is required to be carried +over the system. But there are four priority messages. The +State governor has the capability to send a message as well. +But the Presidential message will always take priority. + Mr. Cox. When the governor decides to send a message, does +that also--is that also command and control? So it is not +discretionary for broadcasters? + Mr. Hoover. It is discretionary. Only the President's +message is a mandatory message. + Mr. Cox. I am just now thinking about a real emergency; and +if the ability to command the system is limited to the +President or his constitutionally designated successor and +there is something that happened to the President or the +President just happens to be carried someplace where he can't +access this, then we can't use it. + It is also limited to only 2 minutes. Isn't that right? + Mr. Hoover. No, the Presidential message, Mr. Cox, is an +unlimited message, and we do have the capability to reach +either the President or the statutory successor President from +anyplace to get that system activated. + Mr. Cox. Well, provided there is nothing wrong with him. + Mr. Hoover. Provided there is nothing wrong with the +President? + Mr. Cox. I mean, what you have got to operate here is +either the statutory succession process or you have got to have +the President constitutionally disabled. But anything short of +that and just that system is not going to work. + What I want to ask you is how much of that is a regulation +and how much of that can we clarify through executive action +and how much of it needs to be fixed by Congress? + Mr. Hoover. I would defer to Mr. Dailey to answer that +question. + Mr. Dailey. The short answer is I don't know. The basis of +the Emergency Alert System is a Presidential statement of +requirements that has been renewed over the years in which the +President requests to have the capability to address the public +within 10 minutes, and so the system is designed to do that. +Whether or not it will take legislation or changes in the +Presidential statement requirements to implement a more +enhanced or expanded service-- + Mr. Cox. If you can get back to us, that is fine. + Mr. Dailey. Okay. + Mr. Cox. Now, the system is capable of being used +regionally. Under existing law and regulations, can the +President decide to use it regionally? Can we have a mandatory +use of the system that does not operate nationwide? + Mr. Hoover. I don't know the mechanics of that, Mr. Cox, +but we can find the answer--and maybe you do. I don't know, if +we turn it on at the national level, if that automatically +every station has to carry or if it can be regionalized. + Mr. Cox. My time has expired. I appreciate your answer and +look forward to the follow-up information. + Mr. Chairman, I think it is very important that the +President not be the only person in extremis who might be able +to issue these warnings, that there ought to be a process that +the President is comfortable with for this to operate without +interruption. + I also think it is very important, as we have found in so +many other hearings in this committee, that such a system be +able to operate regionally and that it not be a discretionary +system in that situation. + Mr. Shadegg. I think the regional operation is very, very +important. + Mr. Hoover, you mentioned the ability to remotely turn on +the television, and you actually touched on a topic that is +very sensitive. Whenever I want to reach my wife, she has her +cell phone off. And I have warned her that I am going to invent +a cell phone that I can turn on remotely so that when I need to +reach her I can remotely turn on her cell phone and reach her. +And, apparently, somebody is already working on that, so I need +to talk to those people. + Mr. Hoover. Mr. Chairman, if I may, my technical folks and +the guy that really runs the system tells me that the signal +can be--the EAS message can be regionalized when we turn it on. + Mr. Shadegg. I think most husbands in America would buy +this cell phone and give it to their wives to turn it on +remotely, because I am not the only husband who has this +problem. + The Chair would call on the gentleman from North Carolina, +Mr. Etheridge, for questions. + Mr. Etheridge. Thank you, Mr. Chairman. I am not going to +turn the test the cell phone, turning it off or on. I have +enough trouble keeping mine off. + Thank you, and thank you all for being here. + Let me follow up on some of the questioning as it relates +to notification. Because we had a system in the 1950s that +hasn't been upgraded. It is quite obvious you wouldn't want to +drive a car--there aren't many on the road--built in the 1950s, +truthfully. My question is this. Because, as we deal with--our +country has changed dramatically since the 1950s. Languages +have changed, the ability to--are we looking at how we can send +this signal out in more than English, especially regionally, +where areas are changing dramatically in terms of patterns of +language? + Mr. Dailey. Yes, sir. That is one of the questions +specifically that we ask in our Notice of Proposed Rulemaking, +is how we can address that. + Mr. Etheridge. Is that now being done currently, in the +current warning system? + Mr. Dailey. In the current warning system, the broadcast +stations--our rules permit them to broadcast alerts and +warnings in the primary language of the station. So we-- +previously, it was--the anticipation was that everything would +be done in English. But we changed our rules years ago to +permit a primarily Spanish language station--to permit it to +carry its warnings in Spanish for its constituents. + Mr. Etheridge. Well, it seems to me, having had a radio +station at one time, it is very simple just to say to them when +they send the message out, because it is broadcast by the +Federal Government on emergencies--it seems to me to be a very +simple matter. When you send it in English, repeat it in +Spanish. That doesn't cost any money, right? + Mr. Dailey. Well, there has to be the capability to do that +conversion, which costs--I mean, you are talking about the +staff time to do it. + Mr. Etheridge. No, you misunderstand it. When you send it +out to the radio and media markets, when you send one signal +and you turn that signal on, the signal can be in English and +it can be in Spanish, if that be the language that is +predominant. That is not a problem, right? + Mr. Dailey. That is correct. + Mr. Etheridge. So why aren't we doing it? + Mr. Dailey. The primary alert warning system input is +spoken language, and so the simultaneous translation becomes +the technology issue. + Mr. Etheridge. That was not the issue. You can give it in +English, and then you can give it in Spanish. It seems to me +that is pretty simple. Would you agree? + Mr. Dailey. Yes, sir. + Mr. Etheridge. Who do we need to contact to get that done? + Mr. Dailey. I think we have to talk to the Emergency +Management Association. Ms. Henning may be able to comment on +that. Because the people who have the information and who have +the alert and warning are the people who can make that +conversion, control the content. + Mr. Etheridge. We are talking about apples and oranges +here. What I am talking about, when the message comes out to +the radio stations, the TV stations, the other media activate-- +it is activated somewhere. You test it on a monthly basis. + Mr. Dailey. Yes. + Mr. Etheridge. It seems to me it is very simple. When they +read it, we could read it in English, and then we could read it +in Spanish. Could someone help me with that? I mean, I really +don't understand why that can't be done, because I have been on +the receiving end when it was activated. + Mr. Cox. Would the gentleman yield? I have a question. + If these are interruptions to normal programming, isn't it +a fair assumption that somebody who doesn't speak Chinese isn't +listening to a Chinese language station, or somebody who +doesn't speak Spanish isn't listening to that Spanish language +station? So that the approach, Mr. Dailey, I thought I heard +you say you were taking already, would make more sense, which +is that those messages get broadcast in the language that the +person was just listening to before you interrupted. + Mr. Etheridge. Reclaiming my time. + Mr. Chairman, I can agree with that. But when you are +watching TV, in many cases--TV is a different medium than +radio, because I would assume it would be on radio. But, on TV, +that may be the only one you have. And it is a very simple +matter, I think, to add it; and I hope you will check into that +and get back to me in writing. I will settle for that. + Ms. Henning, let me ask you a question. Because when the +Montgomery, Maryland, emergency problems were going on as it +was with the sniper, you were there and involved in that. Let +me give a couple questions and give you a chance to respond +before my time runs out. + During the attack, would you describe some of the obstacles +you had to overcome to get fast, accurate information to the +schools and to the parents? Because the whole community was +involved, but this was a group that was really on the edge. And +what did you do to overcome them? + And, secondly, what recommendations do you have to counties +and municipalities to change the communication you are sending +out that would really help make a difference? I think this is +one of those areas we tend to forget sometimes, and you have a +lot of people in an area that really don't get the information. + Ms. Henning. Thank you, sir. + On that day, it was a very difficult and very challenging +situation. The information came very quickly into our 911 +center, and so we were able to put it out to the emergency fire +department, to police, and other public safety agencies into +the emergency operation center and through networks out to the +schools, so that the schools and the administrators were +getting the information. + But when you begin to talk about the information out to the +public, that was an entirely different issue. We were not able +to use the Emergency Alert System. It was not set up. The +equipment was not in full operation at the time. We made calls +from our public information office immediately to the broadcast +industries who started putting the information out, and we got +scrolls across the TV, and then the story was picked up. We +were able to utilize the ability of having frequent press +conferences to get the information out to the public and to +advise the public to take the protective measures. + It would have been extremely helpful had we had the ability +to put information out to pagers PDA devices cell phones, and +others devices, but we didn't have that capability coming out +of our 911 center, and we had to rely on what was going on in +the standard broadcast industry. It also meant that people who +were watching on the cable stations or who had the satellite TV +were not getting those messages, because a lot of that was not +being put out. So one of the things that we look for as State +and local emergency managers is to have the mandatory messaging +that will go out on a broad spectrum of media to help us out. + Mr. Shadegg. The time of the gentleman has expired. + The Chair would now call on the gentleman from +Pennsylvania, Mr. Weldon, for questions. + Mr. Weldon. I thank the Chairman. + I am going to take a different approach to my line of +questions, because the focus by my colleagues is on the +emergency warnings to public, and my line is going to deal with +two specific initiatives that have caused me a great deal of +frustration over the past dozen years that go to the first +responder community and then directly to the public. + The first deals with forest fires in America, a major +concern to our homeland. We spend a billion dollars a year in +responding to wild lands and forest fires--on average, we spend +$3 to $5 billion--and we lose the--loss of life, both +civilians, significant property, as well as to firefighters +themselves. + It was 8 years ago when I chaired the Defense R&D +Subcommittee that I led the reallocation of money to create a +program that used our classified and unclassified satellites +that are used to detect rocket launches to detect the immediate +start of a wild land forest fire the size of a quarter of an +acre. That program developed and was tested and became known as +FIRESAT. The Raytheon Corporation became a prime contractor. It +involved multi-agencies: Geological Survey, the Forestry +Service, Interior, NOAA. + In 2000, after the test was done on the program, the +Geological Survey abandoned the program for lack of funds. +America is still burning each year, billions of dollars going +up in smoke, requests for emergency appropriation measures +after the fact when, for a few million dollars, we could have +done the refined software to put the program in place. + I went to Joe Allbaugh when he headed FEMA 2 years ago and +said, Joe, NOAA is not moving on this. Neither is the +geological survey. He said, transfer the program to FEMA. I did +that legislatively. FEMA, despite tremendous opposition from +NOAA, took over the FIRESAT program. + Today, to my understanding, we still do not have the +program that was first designed 8 years ago to detect the start +of forest and wild lands fires which cost the taxpayers of this +country between $3 and $5 billion a year. My understanding +further is the software is sitting in boxes in Crystal City in +Raytheon's offices. + So my question to all of you and the second panel--and I +may not be here for that panel. I have, Mr. Chairman, the 20- +some page brief on this program which I will enter into the +record discussing both the strengths and the reforms necessary. + [Information is in the committee file.] + Mr. Weldon. If we are really concerned about notification +of emergency response, why have we still not put into place a +program that we have tested, that we know works, to give that +information when a satellite detects a fire the size of a +quarter of an acre to the first responder community to go put +it out and save the taxpayers billions of dollars? Why has that +not been done? Because a secondary benefit of that is, when you +notify the responder community, you could also notify the +public in that area. They can evacuate their homes. So it has a +secondary benefit. + My frustration is we talk a good game in this city, but +when it comes down to the substance of putting programs in +place, it just falls apart. It is like sand. It goes through a +screen, and no one wants to be held accountable for it. So that +is my first question. + The second one results from an experience I had with an +earthquake about 12 years ago, walking the freeway with the +chiefs of San Francisco and Oakland, and they were looking for +people that were allegedly still caught in cars and vehicles +between the freeways, and they were talking about the use of +dogs to detect people that were alive. And I said, why aren't +you using thermal imagers that you could shoot through the +crevices of the freeways? And the chiefs of Oakland and San +Francisco said to me, Congressman, what are thermal imagers? I +said, well, the Navy developed them 15 years ago to use to +detect bodies on our ships. Now they are in every fire +department in America. The chiefs of two of our largest +departments in America weren't even aware that technology +existed. So I came back and introduced legislation 12 years ago +to have FEMA create a program to give the incident command +officer a computerized ability to let the State and Federal +agency network know what needs he had or she had on the scene. + Chief Morris could have used that in Oklahoma city when he +came and faced an exposed rebar concrete structure, had a +massive rescue and didn't know where to go to get the engineers +to assist him. + To my knowledge, we still do not have a computerized +inventory that an incident commander on the scene of a disaster +can punch into with a PalmPilot or a laptop at the scene to +know where to go to get some kind of specialized equipment or +resources or consultation, that he doesn't know where to go. + So my question in both of these cases is this: Why haven't +we followed through on either of these and why aren't they in +place today? And I am not aiming this at this administration, +because the previous administration was just as derelict. + Mr. Hoover. Mr. Weldon, I think the only thing I can say to +you is I am familiar with the FIRESAT initiative. I was Chief +of Staff to Director Allbaugh when you came over and offered +that to us. + With regard to the thermal imaging, you know, I don't think +I have an answer for you on that one. + Mr. Weldon. Well, it is not just thermal imaging. It is any +kind of technology. + Well, what is the status of FIRESAT? + Mr. Hoover. I don't know. That is not something I deal with +anymore. And what I would like to tell you is that, with plume +modeling capabilities, with digital EAS and alert and warning +capabilities that we have and the reverse 911 technology, using +this geo-targeting, we think we can use that technology to warn +homeowners of impending wild land fires. + Mr. Weldon. Mr. Chairman, with all due respect, the plume +modeling program was developed by Lawrence Livermore +Laboratories. I have seen it 8 years ago. Other labs have done +the same. You can't do plume modeling until you know where the +incident is. The plume modeling is helpful for the first +responder and for the incident commander, but the most +important thing is not to know where it is going to go, it is +to know when it starts. And that is a whole different topic. +What good is a plume model if you don't know where the fire is +when it occurs? + And so my answer, Mr. Chairman, is this subcommittee and +this committee ought to be holding the FEMA and the Homeland +Security agency accountable. We have the technology. It has +been developed. It has been tested. I put the document in the +record. And my question is, we are spending billions of dollars +after the fact and paying for these incidents. Why aren't we +providing a couple of million dollars to put into place in +front? Which is what Joe Allbaugh wanted to do when he headed +up FEMA. Thank you. + Mr. Shadegg. The time of the gentleman has expired. + The Chair would call upon the Ranking Member of the full +committee, Mr. Turner, for questions. + Mr. Turner. Thank you, Mr. Chairman. + Let me ask both Mr. Dailey and Mr. Hoover to give us a +description of how much money is being applied in your agencies +to carrying out the paths that we are talking about here today. +What number of personnel, what kind of budget do you have, and +how much are you going to accomplish in fiscal year 2005? + Mr. Hoover. Mr. Chairman, within our office, within FEMA, +we are the program office for EAS, for the national level EAS. +I have a division that is--one of their primary functions is +the upgrade of the EAS and the PEP stations. We are using-- +currently, we have allocated just over $4 million for several +projects that Chairman Shadegg outlined to upgrade and improve +the EAS system as well as, as I mentioned in my testimony, the +IPAWS, the Integrated Public Alert and Warning System. There is +an additional $2 million that is in the President's 2005 budget +that is specifically earmarked for EAS upgrades. And I am not +sure what IAIP additional funding they in the 2005 budget for +alert and warning, but I understand there is some funding +there, and we can get you those numbers. + Mr. Dailey. Mr. Turner, as the regulatory agency we do not +do grant programs and we do not supply equipment, so there is +no specific funding for EAS enhancement. My office is a staff +of 18 people. One of our primary responsibilities is the EAS +program management, and so we are responsible for the rules and +regulations implementing EAS, but we have no particular grant +programs or any funding sources for implementation of EAS. + Mr. Turner. I was looking at a survey that was done by this +Media Security and Reliability Council, and I thought it was +interesting because the results of the survey seem to indicate +that our State activities in conveying the emergency messages +doesn't seem to work very well. I was reading a comment by the +State of New York State Communications Committee and they said +that when a test is done of the EAS system, that the message, +and I am quoting here, the message never made it more than 50 +to 70 miles from Albany. Encoders were set incorrectly. The +control room was not manned. Broadcasters just weren't passing +the message along. The tests at the local level don't indicate +success at the State level. In theory there is a statewide +system, but in reality there is not. + Do you think that is a fair comment, Mr. Hoover? + Mr. Hoover. I think there are issues regarding the +reception capability of the EAS and I think we have known that +for some time, and we are now correcting that as we move from a +dial-up capability to satellite capability. And what we are +also doing is we are expanding the 34 primary entry point +stations so that there is a PEP station in every State, and we +would also like to expand it to having an entry point at the +emergency operation centers in all the States and Territories +as well. + Mr. Turner. But where are you going to get the funding to +do that? The budget numbers you shared with me, I believe you +said $4 million, doesn't seem like anywhere near the funding +necessary to accomplish what you just described. + Mr. Hoover. Well, for example, Mr. Turner, the upgrade to +the existing 34 primary entry point stations to a satellite +system is only costing us just over a million dollars, and that +is part of that initial $4 million. And as I mentioned, there +is another $2 million in the President's budget to continue +that upgrade, and we think we can do that with that $2 million +as well as the additional funding that IAIP has. + Mr. Turner. So you are saying that you can accomplish +everything you think we need to accomplish within the budget +that you have for 2005? + Mr. Hoover. Yes, I sure do. + Mr. Turner. And the system will be up and running? + Mr. Hoover. I would hope to have it up and running by the +end of 2005, and I think the key there is we are not building +any brand new infrastructure. We are building out, we are +improving and upgrading existing infrastructure, whether it is +EAS or using the digital backbone that public television is +offering us. So we are not having to build from scratch an +infrastructure. And once we get the signal in a digital format +into satellite the reception capabilities, and I am not a +technical guy, but the reception capabilities are endless for a +very small amount of investments. + Mr. Turner. I might ask, Ms. Henning, if you would comment +on the report that I referenced, and the quote I read from the +New York State Emergency Communications Committee. + Ms. Henning. Thank you, Congressman. In fact, tomorrow, as +I understand it, New York is having a press conference to talk +about EAS. I haven't had a chance to talk with the director +about the subject on that, but I understand that they have some +concerns. One of the things that we are most concerned about is +for the equipment to be able to reach out to all the various +areas, to urban and rural areas. And once we have the +capability and FEMA does provide the installation, there must +be training of the personnel for this, and there must be a very +simple installation process. Am I answering the question, +Congressman? + Mr. Turner. I mean are you saying there is needs at the +local level in order to implement this? + Ms. Henning. Absolutely, it is not going to end simply by +providing this equipment to the States. In order for this to +work to effectively, for the State to be able to talk to the +counties, to be able to talk to the cities, we are going to +have to look at improvements to the emergency operations +centers and the equipment that is there, and that means a +follow-up not only to the installation, but to providing the +training and other needs. + Mr. Shadegg. The time of the gentleman has expired. + Mr. Turner. Thank you. + Mr. Shadegg. Having made it just under the wire to question +this panel, the Chair would now call upon the gentlelady from +New York, Ms. Lowey. + Mrs. Lowey. And thank you, Mr. Chairman. I do apologize to +the panel for being delayed in another important event. + In its February 2004 report on emergency alert systems the +Partnership for Public Warning noted that no government agency +is in charge of the current EAS and recommended that the +Department of Homeland Security take the lead in creating an +effective national warning capability. Now, I am a New Yorker. +It is 3 years after 9/11, 3 years after 9/11 and we are still +asking these questions. + Why hasn't the Department played a greater role in +coordinating and advancing efforts to create a working and +useable national alert system? What is the Department in +conjunction with other relevant Federal agencies and +stakeholders doing to encourage the creation or updating of +State and local EAS plans? And what kind of enforcement exists +at the Federal level to ensure the development of State and +local EAS plans? Are there any Federal guidelines or standards +that exist to help State and local governments develop these +plans? + I must say, if my question is asked with a wide eyed glaze, +it is because I find this, as many other issues, extraordinary, +and my neighbors are absolutely concerned. They are worried. In +fact the messages from the administration are, as you know, +this could happen again, it could happen any day. We were lucky +that we got by the convention in New York, thank God, safely. +But perhaps you can answer this. I mean, why is it 3 years +later and we are still talking about standards? When are we +going to develop this. A lot of people walking around looking +very important, but who is doing it? + Mr. Hoover. Thank you for that question, and I would share +your concern in terms of a lot of folks were walking around +saying, you know, we need this, we need this, we need this. And +a lot of folks--it was talk and we weren't doing anything. I +can tell you that in the two and a half years that I have been +involved with EAS we have done a lot of things and we have made +some great progress in terms of upgrading and recognizing the +deficiencies. + Certainly the Partnership For Public Warning's report came +out and made a number of recommendations, and we think that we +are implementing a number of those recommendations with regard +to using digital technology, with regard to upgrading the +existing EAS capability in the PEP stations. We have active +involvement with the partner in the Media Security and +Reliability Council of the FCC. Our office, in answer to your +question who is responsible, I would say the Department of +Homeland Security is responsible, and more specifically my +office serves at the executive agent for the national level EAS +and we take responsibility for that and we take it very +seriously. And in fact last week I was in New York at Channel +13 and talked to the public television station folks up there +about a pilot that they are doing, along with the National +Geospatial-Intelligence Agency--it used to be the old NIMA--the +NGA folks where they are using some spectrums specifically for +two-way communications to first responders and looking at ways +that we might be able to integrate that in this digital pilot. +So specifically to New York we are looking and have been in +talks with Channel 13 in New York as part of this public +broadcasting initiative, and our office is responsible and we +think we are making some great progress. + Mrs. Lowey. If I could follow up, you said you have been in +this position two and a half years. + Mr. Hoover. Yes, ma'am. + Mrs. Lowey. I feel a real sense of urgency. Can you give me +an idea how long it will take to develop an efficient national +warning capability, or will it be like interoperability? We +still don't have the standards. The RFP still didn't go out. +The police, all the first responders, firefighters, still don't +have an adequate interoperable communications system. When will +this get done with your best estimation? + Mr. Hoover. Well, first of all, we already have in place a +national level emergency alert and warning system and that is +through the 34 primary entry point radio stations and we +believe that system works and is operational. The upgrades to +that are beginning within weeks in terms of upgrading the PEPs, +the primary entry point stations, and as well as demonstrating +the capability of using the digital broadcast capabilities that +public television brings to the table, and I would hope to see +great progress in that by the end of next year. + Mrs. Lowey. Is it correct that the system has never been +used? + Mr. Hoover. The national level EAS system has never been +activated, however-- + Mrs. Lowey. How do you know it works? + Mr. Hoover. Because we test it every week from the FEMA +operations center to the primary entry point radio stations, +which is the first point of entry to the system. We test that +on a weekly basis. + Mrs. Lowey. Okay. Could you tell me what kind of +enforcement there is at the Federal level to ensure the +development of State and local EAS plans? Are there Federal +guidelines, standards, directives? + Mr. Dailey. The Commission's rules anticipate the +development of the State and local plans for the implementation +of EAS and when those plans are developed they are sent to me +personally and my staff reviews them and we sign off on the +plans and make sure that they comply with the national level of +requirements. + Mrs. Lowey. Excuse me. Are there requirements that the +States do it? + Mr. Shadegg. The time of the gentlelady has expired, so if +you could finish your question. + Mr. Dailey. They are not required. + Mrs. Lowey. Why not? + Mr. Shadegg. Maybe she didn't hear. The time of the +gentlelady has expired quite some time ago, more than a +question ago. So the Chair would call upon the gentlelady from +the District of Columbia, Ms. Norton, for questioning. + Ms. Norton. Thank you, Mr. Chairman, and I appreciate this +hearing, regret that other business in the Capitol kept me from +being here earlier. This is an especially important issue all +across the country, but none--but there is no place much more +important than in this region with its tunnels, with its subway +systems, with the entire Federal presence here, for that +reason. An amendment that I sponsored was elaborated in the +Senate that requires the Department of Homeland Security to +have a special coordinator for the National Capital Region, and +that person is in place. I must say that that coordination was +deeply called into question--has been deeply called into +question, although I don't lay it at the feet of the +coordinator himself. It is clear that when checkpoints were put +in place along Pennsylvania Avenue and Constitution avenue +there was no coordination within the city, much less this +region, there was not even consultation with the local police +department, which has all the cops, by the way. So I am not at +all satisfied with the coordination aspect nor is the committee +that has jurisdiction over the Capitol Police, which is going +to have a hearing next week. I have called for a citywide +coordination plan so that the various sectors who have +independent control can know what one hand or the other is +doing. I think we are at terrible risk in the Nation's capital +because there is no coordination of all the security officials. + In light of that I am particularly interested in a pilot +project, a 6-month pilot, for a digital emergency alert system. +That obviously would help with the coordination problem that is +so plain in this region. I wonder if--I understand that it may +have been mentioned before I came in by Mr. Hoover. I would +like more details on that project. When will it start? If it is +6 months when does month one start? What technologies will be +demonstrated? I would like to know who specifically is involved +in--who are we talking about in this 6-month project? And I +would like to know whether they will be working with the +private sector, with State and local government. In other +words, how in the world does this work? + Mr. Hoover. Thank you, Ms. Norton, for the question, and +perhaps we can give you a more detailed briefing and I can give +you the kind of 30,000-foot view at this moment on-- + Ms. Norton. Yeah. Just give me the 2-foot. + Mr. Hoover. Right. It is with--the pilot and we expect to +start within weeks, within the next couple of weeks. We are +just down to the final transfer of the funds actually to the +Association For Public Television Station, who is the primary +focus of our effort. We have through APTS brought in the +private sector. We have had some active discussions with T- +mobile, with Verizon and with Nextel in terms of having the +cell phone service providers involved. Our office that is +actually doing the coordination has worked with Ken Wall in the +National Capital Region Coordinating Office within the +Department to make sure that the Council of Governments is +involved and the emergency managers in the area involved, and +we are planning actually in October to have a kind of an +umbrella session to bring all of the players together to be +able to do that. I should also mention that the local public +television station is involved. Channel 4, the network +affiliate, and we have been in discussion with NBC to also be +involved in the pilot project as well. + So it is taking in a broad spectrum of the population of +not only the providers of but also the users because we want to +be able to reach you and to be able to test the capability on +as many retransmission mediums as possible. + Ms. Norton. Thank you very much. Thank you, Mr. Chairman. + Mr. Shadegg. I want to thank this panel, both for your +written statements and also for your testimony here this +morning. It is very, very helpful. Obviously we could continue +this discussion at length. There is a lot of work to be done, +though I think it is very encouraging to see how many different +technologies are out there and are being explored to improve +the current notification system and the possibilities that lie +ahead, and I am glad we are making progress on those. And with +that this panel is excused, and I will invite our second panel +to join us. + That panel is composed of Dr. Peter Ward, the Founding +Chairman of the Partnership for Public Warning and a retired +member of the U.S. Geological Survey; Mr. Frank Lucia, Vice +Chairman of the Washington, D.C. Emergency Alert System +Committee and a member of the Public Communications and Safety +Working Group for the Media Security and Reliability Council; +and Ms. Patricia McGinnis, President and CEO of the Council for +Excellence in Government. + Welcome and thank you very much for your testimony here +today. We appreciate your input. Several of your organizations +have already been mentioned for their work in this area in the +questioning on the first panel. Now we get to talk to the +experts directly. So with that, Mr. Ward, Dr. Ward, would you +begin? + +STATEMENT OF DR. PETER L. WARD, FOUNDING CHAIRMAN, PARTNERSHIP + FOR PUBLIC WARNING, U.S. GEOLOGICAL SURVEY (RETIRED) + + Mr. Ward. I would like to thank the committee and +especially Congressman Shadegg for calling us together to talk +about public warning, an issue of really key importance during +these troubled times. Warnings save lives. If you get people +information about what is happening or what is likely to happen +they can take action that will save lives, reduce loss, speed +recovery. + One of the problems we have, as you have gotten to earlier +here today, is the current warning systems, you put them all +together, are pretty ineffective. You can do different +estimates, but today if we needed to warn of a dirty nuclear +device being exploded right now on the Mall, we could only +reach at best maybe 30 percent of the people directly that +needed to know. And we would probably reach a lot of people +that didn't need to know. At night when there is a tornado +coming down on a community we can only reach perhaps a few +percent of those who need to know that that is in their path. +And again, we may wake up a lot of people who really don't need +to know. + So the problem is we don't have an adequate warning system +and it is not well focused. Now, my name is Dr. Peter Ward. I +have worked on warnings issues for more than 41 years of my +career, mostly 27 years as a Federal Government employee for +the United States Geological Survey, working on earthquakes and +volcano issues. I have also had the pleasure and opportunity to +work with a wide number of people, especially in the last few +years, on committees looking at warning issues. + The executive summaries of two of the critical reports are +in my written testimony and have already been mentioned today. +This red book, Effective Disaster Warnings, was written by +Federal employees from all the different Federal agencies and I +had the chance to chair that committee. And this was released +in 2000, after being approved by all of the Federal agencies +involved, and it is considered the foundation upon which to +build modern warning systems. Out of this has already come a +common alerting protocol and several other major steps forward +in developing warning systems and improvement to warning +systems. + Another major report is the National Strategy For +Integrated Public Warning Policy and Capability that came out +of the Partnership for Public Warning. It was put together by +experts from across the country to say what do we need to do to +go forward with this? How soon can we make changes? + All of these reports and many more come up with four +principle conclusions. First, we need to involve all the +stakeholders. There are many stakeholders in Federal, State, +local government in emergency planning and emergency response, +and in fact every one of us is a stakeholder when we are at +risk. + The second major requirement is we need to have national +standards, not only so we can communicate with each other, but +so that industry can build new pieces or build into existing +pieces of electronics the ability to receive those warnings. +Once we have those standards there are all kinds of +opportunities for industry to compete to do all kinds of new +things to deliver those warnings the last mile. + Third major conclusion is that technology is not the issue +here. It is not the problem. We are technology enabled. There +are all kinds of technologies out there that when properly +mobilized can get the warnings to the people at risk no matter +where they are, no matter what they are doing. + The fourth conclusion is the most important. The weakest +link currently in warning systems is the link between the +people who have warnings to issue, the officials with warnings +to issue, and the companies, organizations, groups that operate +systems that can deliver those warnings directly to the people +at risk. + What is needed here is a pipeline or a backbone, a place +where the warnings can be put in by the officials and that will +immediately disseminate those throughout, to all the different +dissemination groups. This pipeline or backbone needs to +consist of four key elements: + First a secure, reliable input from all official sources. +Obviously, we don't want the system to be misused by terrorists +or others. + Secondly, it needs a common alerting protocol, and the good +news is that one already exists under the OASIS standards. It +has been widely tested. It will need to be tested more, but +there is a digital protocol into which we can put the warning +information so it will go out in a standard way. + The third thing needed in this backbone or pipeline is a +multi-stranded pipeline that can actually get information out. +In the AMBER alert program I will talk about in a minute we are +using Internet. For All Hazard alert we have to be able to deal +with major catastrophic loss, and so the same information could +be sent out by State emergency operation communication +networks, by the Association of Public Television Stations, by +all these different groups. There are many ships of opportunity +in the communication world where without spending extra +government money we can distribute the warnings, the +information, and make sure that it is redundant enough that +during the worst catastrophes information is still getting out. + And finally, we need a wide variety of delivery mechanisms +that can take the warning from this pipeline and deliver it the +last mile to the users. Believe me, industry is teeming with +ideas. They say we need a standard and we need to have a +pipeline of information that we know is official and that we +have no liability in transferring that information to the +public. Once that exists industry will wow us. Already RCA +Television and other groups have televisions that will turn +themselves on when they receive a signal that there is a +warning that applies to that particular county where the +television is located, and will wake someone up in the middle +of the night if necessary. + This is just the tip of the iceberg. There are many other +devices out there, digital watches, for example, on the market +now that could easily warn you with that information. + Now, over the past 20 months we have developed a pipeline, +an example of this, how this pipeline could work that is for +AMBER alerts. It is operational in the State of Arizona and in +Washington State. Thirteen more States are being brought up in +the near future and 20 others are expressing a strong interest. +We simply say that this is a consortium of, many, many +different people, the State police, State broadcaster +associations, media, major corporations, emergency managers, +departments of transportation, border control. ESRI has offered +mapping software, Hewlett Packard, Intel, hardware and funds, +Symantech security to make sure it works right, Limelight +Networks and Proteus Digital Communications. + The capabilities are there and we have demonstrated we +could do it. So I am really here today to ask the help of +Federal people to not only work in your district and in your +State to improve warning, but that by working together we can +make very significant changes in public warnings in a very +short time. + Thank you. + [The statement of Mr. Ward follows:] + + Prepared Statement of Dr. Peter L. Ward, + + I wish to thank the subcommittee and specifically Congressman +Shadegg for calling this hearing to discuss public warning, an issue of +great importance to public safety and Homeland Security in America +today. + I personally have worked on public warning issues for 41 years and +was a senior leader at the United States Geological Survey for 27 +years. I chaired a Committee of Federal government employees under the +Office of Science and Technology on warning and was founding Chairman +of the Partnership for Public Warning. I am convinced we can improve +current warning capability significantly in a very short time if we +work together. + Hundreds of very knowledgeable and talented people throughout our +society have sought ways to improve public warning over many years. +Their work has come to focus on what I will discuss today. The +fundamental problem is the need for teamwork among the wide variety of +stakeholders and I sincerely hope this Committee can help bring the +American people what they deserve and expect--timely, accurate, +official information to help them deal with natural and manmade +disasters. While the country has been fixated on terrorism since 9/11, +recent events remind us that Homeland Security also involves responding +to major, frequent, tragic natural disasters. + Warnings save lives. They empower citizens with knowledge of what +is happening or what is about to happen. People at risk can then make +wise decisions about what to do to reduce loss of life and property and +how to best deal with adversity. First responders can then decide on +the most effective ways to respond. The Media can provide more detail +from a basis of up-to-date knowledge. + Today, if we needed to warn people that a dirty nuclear device had +just been detonated on the Mall and that they should avoid downtown +Washington, we could only reach directly perhaps 30% of those who need +to know using all means of warning currently implemented. And the time +delay could be many minutes when every second counts. If we needed to +warn of a tornado in the middle of the night, we might only reach a few +percent of the people directly at risk. Also current warning systems +tend to warn more people not at risk than those directly at risk, +dulling their response to future warnings. + We live in the midst of a digital revolution where tens of millions +of our citizens carry cellular telephones and other devices that could +warn them no matter where they are or what they are doing. Many types +of electronic signals are being broadcast locally and from space that +could trigger a wide variety of electronic devices to warn people when +they are directly at risk. We are technology enabled. Technology is not +the problem. + It is a severe national problem that we are not using modern +technology effectively to save lives and reduce losses from natural and +manmade disasters in America. While I know there is a desire to do so, +I believe it is frustrating for all involved that collectively we have +not been able to make the simple fixes needed to solve this serious +problem. + So what is the problem? Simply put, the problem is teamwork-- +getting the major stakeholders to work together. The need for teamwork +or ``unity of effort'' related to Homeland Security were highlighted +over and over in the recent 9/11 report. + An effective warning system involves most Federal Agencies, +thousands of State and local agencies, dozens of industries, thousands +of companies. An effective warning system sooner or later involves +every person and organization across the country that is at risk. + I am sure each of you has been visited by companies who have THE +solution for public warning. As founding Chairman of the Partnership +for Public Warning, I received many telephone calls from company +Presidents who said that we were irrelevant because they had already +solved the problem. It usually took only a few minutes to help them +realize that they had an important solution but that it was a small +part of the larger problem. + There are hundreds if not thousands of American entrepreneurs who +have developed impressive techniques for warning people. Technology is +not the problem. The problem is the lack of a national warning +infrastructure and the teamwork to implement it. When industry has a +place from which to received official warnings securely and reliably, +they can deliver those warnings in an impressive number of ways. You +will unleash the immense imagination and capabilities of American +industry when they can clearly see a market and when they can relay +real-time warnings with no liability for warning content. + In just a few years we could reach the point where your car radio +suddenly is interrupted or turns on to say: + ``Major traffic accident 5 miles ahead at intersection of 495 + and 50.'' Or + ``Tornado 10 miles west heading toward you.'' Or + ``Chemical explosion at 9:02 am near Metro Central. Stay at + least 5 miles away.'' + This is not science fiction. This is all readily possible with +current technology, with good old American marketplace competition, and +with a national warning infrastructure. + What do I mean by a national warning infrastructure? This does not +need to be some big government program. This does not need to be some +massive pile of hardware built specifically for warning. We simply need +to utilize better public and private systems we already have. We need +to create a logical framework that will enable future systems being +built and maintained for other reasons to provide warning capability. + Warning messages are very low bandwidth. They require very few bits +and bytes of information. They can easily be multiplexed within digital +signals broadcast for quite different purposes. For example, the public +television stations of the Association of Public Television Stations +(APTS) are implementing a fully digital television broadcasting network +across the country. When finished, more than 95% of the American +population will be able to receive these signals. APTS has made many +presentations here on the Hill detailing its stations? offer to use a +small piece of their digital spectrum not only to carry warnings, but +to broadcast more detailed information about imminent disasters and +disasters under way. These signals could be received by much more than +televisions. These signals could be received by any type of electronics +in your pocket, on your wrist, in your home, in your car, at work, at +play. And this is just one example of a major national infrastructure +built and maintained for other reasons that can provide a national +warning infrastructure at no additional cost to Federal, State, or +Local governments or to the American people. + A national warning infrastructure needs to consist of four critical +components: + 1. Secure reliable input from all official sources of warning + information. + 2. Encoding of messages into a standard digital format or + protocol that can be readily distributed and processed by small + computers. + 3. A multi-stranded pipeline or backbone that can instantly and + reliably send these messages to all types of delivery systems. + 4. Wide varieties of delivery systems that can automatically + re-broadcast or address these messages to those directly at + risk and to others who need to know. + Many of these elements exist and a prototype national warning +infrastructure is already operating in the States of Arizona and +Washington and will soon be operating in a majority of States. + With cross-jurisdictional confusion on the Federal side, many +concerned people, local government organizations, and private companies +have banded together in a Consortium to implement an AMBER Alert Web +Portal that exponentially improves delivery of warnings of abducted +children and demonstrates clearly how each of the four critical +components for a warning infrastructure can be implemented and can work +together to improve warning systems immediately. + This consortium grew out of a pilot project led by the state of +Washington in partnership with several other states including Arizona. +It was started over 20 months ago with a combined investment in +technology and development of $4 million dollars. What is remarkable is +that all the key stakeholders State and local Police, the State +Broadcasters Associations, media, major corporations, Emergency +Managers, Departments of Transportation, Border Control agencies and +many others openly agreed to participate and all contributed +significant insight and have taken important leadership and ownership +in its development and now its success. (You have a recent Press +Release noting the successful activation and homecoming of a missing +child.). + Major corporations like ESRI have contributed dynamic mapping +software that plots in real time the region in which the abductor and +child could be located. Symantec has contributed the security software +and procedures to assure the system is not misused. Hewlett Packard and +Intel have contributed hardware and financial support. Limelight +Networks and Protus have contributed digital communications capability +that demonstrates capacity to manage a national alert network. The +AMBER Alert Consortium is based on a variety of agreements signed by +all parties on who is responsible for what and how the various pieces +all fit together. It has been very successful at building teamwork +among a large number of companies and organizations that have and +continue to contribute time, money and expertise. This has been done in +a way where all software and hardware is in the public domain and +controlled by the States. + The AMBER Alert Web Portal Consortium has been unanimously +supported by the National Alliance of State Broadcaster Associations +and is operational in both Arizona and Washington State. Final training +and implementation is underway in 12 additional States and many more +have expressed a desire to join. Most importantly, a number of States +and stakeholders in the process have expressed publicly that they are +looking forward to the expansion of the AMBER Alert Web Portal +Consortium to respond to other alerting needs since all the major +stakeholders are in place and the Portal was designed by its founders +to be scalable. This Consortium demonstrates clearly how technology and +teamwork locally and nationally can be combined successfully to +implement a National All-Alert Warning Infrastructure. + While I greatly admire what the AMBER Alert Web Portal Consortium +has done, I am not here today to promote any one system, I am here to +assist you in crafting a vision of how a public warning capability in +this country can be improved very rapidly with some leadership and with +contributions from a broad spectrum of players. The methods +demonstrated with AMBER Alerts can readily be scaled up to all-alert. + If we go back to the four critical components of a national warning +infrastructure: + 1. Inputs: All-hazard public warning requires secure reliable + inputs from police, fire, emergency managers, Homeland + Security, the National Weather Service, the U.S. Geological + Survey, the U.S. Coast Guard, critical facilities such as + chemical or nuclear plants, and many other sources. The AMBER + Alert Consortium has demonstrated a secure format that enables + the official to initiate an alert directly from the incident or + information source. + 2. Standard format: The Common Alerting Protocol (CAP) has been + developed under the OASIS standards process specifically for + transmitting all types of warning information. CAP is + implemented in Internet Protocol, the common communication + protocol used by nearly all digital electronics. The AMBER + Alert Consortium is CAP compliant. + 3. Pipeline or backbone: This has been implemented over wired, + wireless, and satellite-based public Internet and private + networks. It can easily be implemented over State Emergency + Communication Networks, NOAA Weather Wire, NOAA Weather Radio, + the Emergency Managers Weather Information Network (EMWIN), + etc. The AMBER Alert Consortium has demonstrated that such a + digital signal sent via Internet or any land or satellite-based + digital network, can be used to directly trigger all Emergency + Alert System (EAS) encoders across the country and thus be + broadcast on all land-based radio and television transmitters + or by cable television. A national presidential message of + unlimited length can also be streamed in this way. The AMBER + Alert Consortium has tested such a network using Internet and + is pursuing the use of a satellite system used by most + commercial broadcasters to disseminate alerts. + 4. Delivery Systems: These are already being provided by + numerous vendors including email, pagers, fax, auto-dial + telephone calls, auto-dial Short Message Service to cellular + telephones, digital signs along highways and in other + locations, websites, etc. Some NOAA Weather Radio receivers and + some new televisions can turn themselves on and set the volume + to announce warnings. New technologies such as wrist-watches + and pocket computers are being introduced that can relay + warning messages. Cell broadcast that can transmit warnings to + all cellular telephones within one or many cells is being + introduced in many states in 2004. All modern digital + electronics such as radios, televisions, portable music + players, computers, automobile navigation systems and such + could easily turn themselves on and announce warning + information specifically to those at risk once a standard + signal is available across the country. The AMBER Alert + Consortium has built this interconnectivity with these re- + broadcasters and is providing them live feeds for all their + different modes of communication. Industry is now beginning to + see a market and how they can receive a secure official stream + of warning information that they can relay without liability + for content. + Thus a National All-Alert Warning Infrastructure can rapidly +improve public warning and provide a smooth path to modernize the EAS +and other existing national warning capabilities. + The purpose of an alert or warning is to get the attention of +people at risk so that they can seek more detailed information and +decide on appropriate action. The AMBER Alert Consortium demonstrates a +web portal that contains all detailed information instantly after it is +available to officials. This information shows up not only on an +official website for each state, but is fed directly and automatically +onto the website of media and others who request the links as well as +news desks, emergency operation centers, etc. Thus a National All-Alert +Warning Infrastructure can not only improve delivery of warnings, but +can provide a continuing stream of official information as the crisis +develops. Different delivery systems could offer different levels of +detail as required by the user. + There is another very important function a National All-Alert +Warning Infrastructure could provide: instant notification of officials +nationwide or in any region. The system could address telephones, +pagers, faxes, email, etc. to any list of government officials. An +encrypted message could be broadcast nationally and as new receivers +are being developed, could be received and released only to authorized +officials within certain affinity groups. Many government agencies are +buying such service now, but the services are typically not compatible +between agencies. A National All-Alert Warning Infrastructure could +feed the information to these service providers for dissemination. With +appropriate planning, this means that in the future when most pieces of +electronics are capable of receiving and announcing warnings, these +same pieces of equipment when owned by legislators, first responders, +emergency managers, health officials, and such could announce to them +official messages not released to the general public. + Consider a scenario where terrorists planted a person infected with +smallpox on a major international airliner and infected people were +quickly scattered across the country. When the presence of the Small +Pox virus was identified, all appropriate officials across the country +could be notified instantly no matter whether at work, at home, +traveling, or enjoying recreation. + A warning distributed in standard digital format can readily be +used to trigger devices to warn the hearing or sight impaired. As new +receivers are built, they could easily turn the digital codes into any +language. + The options are many. The intent of the National All-Alert Warning +Infrastructure is to deliver official information instantly to service +providers who could disseminate the information to the people at risk. +Public warning can be improved exponentially if we work together +adopting some basic standards. + Finally, I would like to give you some background for what I have +explained today. This comes from a long history of studies and pilot +efforts by a wide variety of people. As I stated earlier, I personally +have worked on warning issues for 41 years and was a leader in the +United States Geological Survey for 27 years. + In the 1970's there was considerable scientific evidence that +earthquakes might be predictable and Congress established the National +Earthquake Hazard Reduction Program. I was fortunate to be able to do +much of the staff work in developing and implementing that program. As +Chief of the Branch of Earthquake Mechanics and Prediction, we worried +in considerable detail on how do you tell people that an earthquake +could occur soon that may kill 3,000 people, but we are only 5% +certain? What happens if you had warning information but failed to +release it? What happens if you release it, no earthquake occurs, but +significant loss resulted? These questions are quite similar to some +issues we face today with respect to terrorism. Physical and social +scientists worked intently on these issues. Many studies were done. +Since World War II, a vast body of knowledge and experience has been +developed on how to warn people in ways that they will take the most +appropriate action. Unfortunately little of this expertise has been +applied to Homeland Security issues. + In 1997 and 1998, I was fortunate to chair a working group under +the Subcommittee on Natural Disaster Reduction within the Office of +Science and Technology. We included the Federal government employees +most involved with and experienced with warnings in each of the +relevant Federal agencies. Our report ``Effective Disaster Warnings'' +was reviewed by all relevant Federal Agencies before release. This +report has been widely acclaimed. It explains what exists and what +could exist. It is considered as the foundation upon which to build a +modern national warning system. Chapter 6 (The Universally Encoded +Digital Warning) was the basis for the Common Alerting Protocol, now a +national warning standard under the OASIS Standards Process. + The primary recommendation of this Federal working group was the +need for a Public/Private Partnership to move warning forward. In late +2001, after I had retired from Federal service, I heard of a group +interested in forming such a partnership. I ended up being the founding +Chairman of the Partnership for Public Warning. MITRE Corporation +contributed start-up money. I volunteered 60-80 hours of labor a week +for 18 months, and FEMA finally contributed some funds. Thus I +personally funded about one third of the effort. We established a board +of 16 trustees from leaders in warning in government, industry, and +academia. We met regularly and held several multi-day workshops +bringing together the people from across the country who were most +experienced in warning issues. We interfaced with the Office of +Homeland Security and all of the Federal Agencies with responsibilities +for warning. We talked with many on Capitol Hill and worked with the +Natural Hazards Caucus to put on a very well attended informational +luncheon on warning. We published several reports that have been well +received and that help us all focus on the key issues. + What I have presented today is a logical result of all of this +effort and much more on the part of those across the country who are +concerned with and experienced with public warning. There are thousands +who work hard to keep current systems working as best as possible, who +have worked on many committees to seek ways to improve current systems, +and who are eager to make our homeland safer through effective +warnings. Teamwork is not easy to build, but we all fervently hope you +will join us in this effort to save lives, reduce losses, and reduce +trauma from natural and manmade disasters throughout America. + ADDENDA: +Effective Disaster Warnings + Report by the Working Group on Natural Disaster Information + Systems + Subcommittee on Natural Disaster Reduction + National Science and Technology Council Committee on + Environment and Natural Resources + November 2000 (www.sdr.gov/NDIS_rev_Oct27.pdf) + +Working Group on Natural Disaster Information Systems + Peter Ward -Chairman, Seismologist and Volcanologist, +U.S.Geological Survey + Rodney Becker -Dissemination Services Manager, National Weather +Service + Don Bennett -Deputy Director for Emergency Planning, Office of the +Secretary of Defense + Andrew Bruzewich -CRREL, U.S. Army Corps of Engineers + Bob Everett -Office of Engineering, Voice of America, International +Broadcasting Bureau, U.S. Information Agency + Michael Freitas -Department of Transportation/Federal Highway +Administration + Karl Kensinger -Federal Communications Commission, Satellite and +Radio Communications Division + Frank Lucia -Director, Emergency Communications, Compliance and +Information Bureau, Federal Communications Commission + Josephine Malilay -National Center for Environmental Health, +Centers for Disease Control and Prevention + John O'Connor -National Communications System + Elaine Padovani -National Science and Technology Council, Office of +Science and Technology Policy, Executive Office of the President + John Porco -Office of Emergency Transportation, Department of +Transportation + Ken Putkovich -Chief, Dissemination Systems, National Weather +Service + Tim Putprush -Federal Emergency Management Agency + Carl P. Staton -National Oceanic and Atmospheric Administration, +NESDIS + David Sturdivant -Federal Communications Commission + Jay Thietten -Bureau of Land Management + Bill Turnbull -National Oceanic and Atmospheric Administration + John Winston -Federal Communications Commission + + Executive Summary and Recommendations + + People at risk from disasters, whether natural or human in origin, +can take actions that save lives, reduce losses, speed response, and +reduce human suffering when they receive accurate warnings in a timely +manner. Scientists are developing more accurate and more numerous +warnings as they deploy better sensors to measure key variables, employ +better dynamic models, and expand their understanding of the causes of +disasters. Warnings can now be made months in advance, in the case of +El Nin, to seconds in advance of the arrival of earthquake waves at +some distance from the earthquake. Computers are being programmed to +respond to warnings automatically, shutting down or appropriately +modifying transportation systems, lifelines, manufacturing processes, +and such. Warnings are becoming much more useful to society as leadtime +and reliability are improved and as society devises ways to respond +effectively. Effective dissemination of warnings provides a way to +reduce disaster losses that have been increasing in the United States +as people move into areas at risk and as our infrastructure becomes +more complex and more valuable. + This report addresses the problems of delivering warnings reliably +to only those people at risk and to systems that have been +preprogrammed to respond to early warnings. Further, the report makes +recommendations on how substantial improvement can be made if the +providers of warnings can become better coordinated and if they can +better utilize the opportunities provided by existing and new +technologies. Current warnings can target those at risk at the county +and sub-county level. The technology presently exists to build smart +receivers to customize warnings to the users'; local situation, whether +at home, at work, outdoors, or in their cars. It should also be +possible to customize the information for trucks, trains, boats, and +airplanes. The problem is to agree on standards and dissemination +systems. + +Disaster Warnings: Technologies and Systems + Disaster warning is a public/private partnership. Most warnings, +including all official warnings, are issued by government agencies. +Most dissemination and distribution systems are owned and operated by +private companies. Liability issues make it problematic for private +entities to originate warnings. Public entities typically cannot afford +to duplicate private dissemination and distribution systems. + Effective warnings should reach, in a timely fashion, every person +at risk who needs and wants to be warned, no matter what they are doing +or where they are located. Such broad distribution means utilizing not +only government-owned systems such as NOAA Weather Radio and local +sirens, but all privately owned systems such as radio, television, +pagers, telephones, the Internet, and printed media. If warnings can be +provided efficiently and reliably as input to private dissemination +systems, and if the public perceives a value and desire to receive +these warnings, then private enterprise has a clear mandate to justify +the development of new distribution systems or modification of existing +systems. What if a warning-receiving capability were simply an added +feature available on all radios, televisions, pagers, telephones, and +such? The technology exists not only to add such a feature, but to have +the local receiver personalize the warnings to say, for example, +``Tornado two miles southwest of you. Take cover.'' What does not exist +is a public/private partnership that can work out the details to +deliver such disaster warnings effectively. + The Emergency Alert System (EAS) is the national warning system +designed primarily to allow the President to address the nation +reliably during major national disasters. All radio and television +stations (and soon all cable systems) are mandated by the Federal +Communications Commission (FCC) to have EAS equipment and to issue +national alerts. The stations and cable systems may choose whether they +wish to transmit local warnings and they may also delay transmission +for many minutes. The warnings consist of a digital packet of +information and a verbal warning of up to two minutes in length. The +EAS interrupts normal programming or at least adds a ``crawl'' to the +margin of the television screen. Program producers and advertisers want +to minimize unnecessary interruptions. As a result, only a modest +percent of severe weather warnings issued by the National Weather +Service are relayed to citizens by available stations. The warnings +that are relayed may only apply to a small part of the total listening +area but are received by all listeners. When people receive many +warnings that are not followed by the anticipated events, they tend to +ignore such warnings in the future. + The information and technology revolutions now underway provide a +multitude of ways to deliver effective disaster warnings. Digital +television, digital AM radio, and FM radio offer the capability to +relay warnings without interrupting programming for those not at risk. +Techniques exist to broadcast warnings to all wireless or wired +telephones or pagers within small regions. Existing and planned +satellites can broadcast throughout the country and the world. The +Global Positioning Satellite (GPS) systems are providing inexpensive +ways to know the location of receivers. The technology exists. The +problem is to implement standards and procedures that private industry +can rely on to justify development and widespread distribution of a +wide variety of receivers. + +Recommendations + This report provides the background information to justify the +following recommendations: + 1. A public/private partnership is needed that can leverage +government and industry needs, capabilities, and resources in order to +deliver effective disaster warnings. The Disaster Information Task +Force (1997) that examined the feasibility of a global disaster +information network has also recommended such a partnership. The +partnership might be in the form of a not-for-profit corporation that +brings all stakeholders together, perhaps through a series of working +groups, to build consensus on specific issues for implementation and to +provide clear recommendations to government and industry. + 2. One or more working groups, with representatives from providers +of different types of warnings in many different agencies, people who +study the effectiveness of warnings, users of warnings, equipment +manufacturers, network operators, and broadcasters, should develop and +review on an ongoing basis: +A single, consistent, easily-understood terminology + that can be used as a standard across all hazards + andsituations. Consistency with systems used in other countries + should be explored. + A single, consistent suite of variables to be included + in a general digital message. Consistency withsystems used in + other countries should be explored. + The mutual needs for precise area-specific locating + systems for Intelligent Transportation Systems andEmergency + Alert Systems to determine where resources can be leveraged to + mutual benefit. + The potential for widespread use of the Radio + Broadcast Data System (RBDS) and other technologies thatdo not + interrupt commercial programs for transmitting emergency + alerts. + Cost effective ways to augment existing broadcast and + communication systems to monitor warninginformation + continuously and to report appropriate warnings to the people + near the receiver. + 3. A standard method should be developed to collect and relay +instantaneously and automatically all types of hazard warnings and +reports locally, regionally, and nationally for input into a wide +variety of dissemination systems. The National Weather Service (NWS) +has the most advanced system of this type that could be expanded to +fill the need. Proper attribution of the warning to the agency that +issues it needs to be assured. + 4. Warnings should be delivered through as many communication +channels as practicable so that those users who are at risk can receive +them whether inside or outside, in transportation systems, or at home, +work, school, or shopping, and such. Delivery of the warning should +have minimal effect on the normal use of such communication channels, +especially for users who will not be affected. + The greatest potential for new consumer items in the near future is +development of a wide variety of smart receivers as well as the +inclusion of such circuits within standard receivers. A smart receiver +would be able to turn itself on or interrupt current programming and +issue a warning only when the potential hazard will occur near the +particular receiver. Some communication channels where immediate +expansion of coverage and systems would be most effective include NOAA +Weather Radio, pagers, telephone broadcast systems, systems being +developed to broadcast high-definition digital television (HDTV), and +the current and Next Generation Internet. + +A National Strategy for Integrated Public Warning Policy and Capability + + Partnership for Public Warning, May 16, 2003 + + (ppw.us/ppw/docs/nationalstrategyfinal.pdf) + + Executive Summary + + Public warning empowers people at risk to take actions to reduce +losses from natural hazards, accidents, and acts of terrorism. Public +warning saves lives, reduces fear, and speeds recovery. Its success is +measured by the actions people take. + Warning is an important element of providing for public safety. +Public safety is a fundamental duty of municipal, county, and tribal +government and, for larger hazards, of state and Federal government. +Public safety is also the responsibility of citizens to take action not +only to protect themselves and their loved ones, but also to make +society safer through their jobs and community activity. + The American people believe that a public warning system exists. +While current warning systems are saving lives, they are not as +effective as they can be or should be. This document explains the +inadequacies of our national warning capability and charts a course for +improving current warning capability to provide what the American +people need and expect. + The National Weather Service issues the majority of public warnings +in the United States and has developed sophisticated warning procedures +and systems. The National Oceanic and Atmospheric Administration (NOAA) +Weather Wire System operated by the Weather Service and the National +Warning System operated by the Federal Emergency Management Agency +(FEMA) provide ways to collect and distribute warning information to +emergency managers and other key personnel nationwide. The Emergency +Alert System and NOAA Weather Radio provide ways to deliver warnings to +some of the people at risk. A wide variety of other warning systems +reach people at risk around critical facilities such as dams, chemical +plants, oil refineries, and nuclear facilities. Many private businesses +will deliver warnings to subscribers through telephones, wireless +devices, and email. + A basic concern with current public warning systems is that they do +not reach enough of the people at risk and often reach many people not +at risk. Few local emergency managers or first responders have +effective ways to input information and warnings directly into these +systems. Warnings from different sources are rarely available to all +warning systems in a given region. Many of the systems are not +interoperable. There are very few standards, protocols, or procedures +for developing and issuing effective and interoperable warnings. +Warnings from different sources use different terminology to express +the same issues of risk and recommended action. Even the national +Emergency Alert System has increasing inconsistencies and increasing +potential points of failure due to decreased funding, failure in some +localities to develop state and local plans for proper utilization, and +recent introduction of new codes in a non-standard manner. + All stakeholders involved in public warning should be represented +in developing an effective national public warning capability. The +Federal government needs to provide leadership, but cannot do it alone. +The primary responsibility for warning resides with county, municipal, +and tribal government, but they often need state and Federal +assistance. Scientists, intelligence experts, and other authorities +develop warning information on regional, national, and even +international scales. The news media relay and explain warnings, and +the broadcasters and cable operators operate the Emergency Alert +System. Industry plays a key role in developing, building, refining, +and operating warning systems. Certain industries also provide public +warnings around critical facilities. Many professional and trade +associations as well as nonprofit organizations and volunteers +represent the needs of various groups involved in delivery or +utilization of warnings. + Our national warning capability needs to be focused on the people +at risk at any location and at any hour, be universally accessible, +safe, easy to use, resilient, reliable, and timely. Numerous +technologies exist to do this and in many ways technology is the +easiest part of the solution. The bigger challenges are to provide +accurate, understandable, specific, and informative warnings and to +develop procedures and processes for collecting and disseminating those +warnings in standard and secure ways. + For warnings to be readily available to all people at risk, no +matter where they are or what they are doing, the warning capability +should be ubiquitous, but in an unobtrusive manner that respects +privacy and individual choice. This requires partnership and teamwork +among all the different stakeholders. An effective warning strategy +must enable industry to develop a wide range of market-based solutions. +Industry needs a clear statement of government intent and clearly +articulated standards that specify required interoperability for a +national warning capability. Industry will be naturally motivated to +augment basic interoperability with competitive capabilities and +refinements. Industry also needs an official stream of all-hazard +warnings that industry can deliver without liability for the content. +An effective warning strategy must also integrate efforts by government +not only to issue warnings but also to deliver them.. + States, counties and municipalities have developed disparate alert +networks at a cost of hundreds of millions of dollars; these networks +are not particularly effective, are not interoperable, and will be +difficult to consolidate. To alleviate this unduly expensive and +massive duplication of effort, national policy should be adopted +calling for partnership in linking all stakeholders and the public with +critical community-specific information that can be used to save lives +and reduce losses. A public/private partnership is needed to develop +the policies for and implementation of a national warning backbone that +will deliver a stream of all-hazard warning information using standard +terminology and procedures to a wide variety of warning delivery +systems for any region. Such a capability should leverage existing and +developing public and private network capabilities. + The President and Congress need to make public warning a national +priority, assign lead responsibility to the Secretary of Homeland +Security, appropriate the necessary funds to engage the suitable +stakeholders effectively to develop national standards and protocols, +and set deadlines for implementation. Public warning should also be +made a priority for other federal programs so that information is +gathered in a manner that will support this endeavor. + Working together in partnership, the stakeholders should assess +current warning capability, carry out appropriate research, and develop +the following: + A common terminology for natural and man-made hazards + A standard message protocol + National metrics and standards + National backbone systems for securely collecting and + disseminating warnings from all available official sources + Pilot projects to test concepts and approaches + Training and event simulation programs + A national multi-media education and outreach campaign + If we the stakeholders act now, each and every American at imminent +risk can have immediate access to warnings, knowledge of how to take +appropriate action, and a choice on selecting what information is +delivered and under what circumstances. Although this document deals +with national strategy, the authors of this draft feel it is important +to estimate initial costs required to bring it to fruition. A +significantly improved national public warning capability can be up and +running within two years, at a Federal outlay of no more than $15 +million annually. The majority of initial Federal funding should be +used to initiate and support stakeholder involvement in developing +interoperable standards and procedures for an all-hazard warning +capability. Then state and local money can help in developing specific +details of local warning input and industry can play a major role in +developing consumer products for delivery of the warnings. Large +amounts of additional Federal funding should not be required. Thus the +strategy is that most federal government costs are up front. . .to +prime the pump. + Many key stakeholders are already making an investment and effort +and have laid the groundwork for a federal authority to step up to the +challenge. All stakeholders have a shared duty and obligation to act. +September 11th taught us that the unthinkable is no longer an excuse +for delay. Future tragedies--whether natural or man-made--are not a +matter of if, but when. Lives can be saved and losses reduced through +effective public warning. Americans expect their government to protect +them and believe an effective warning capability exists. However, an +effective warning capability does not exist, and it is only as matter +of time before our nation will come to wish it did. + + Mr. Shadegg. Thank you very much. Mr. Lucia. + + STATEMENT OF FRANK LUCIA, VICE CHAIRMAN, WASHINGTON, D.C. +EMERGENCY ALERT SYSTEM COMMITTEE MEMBER, PUBLIC COMMUNICATIONS + & SAFETY WORKING GROUP, MEDIA SECURITY AND RELIABILITY COUNCIL + + Mr. Lucia. I thank the subcommittee and Congressman Shadegg +for the opportunity to participate in this hearing. + I retired from the FCC in January 2001, after a 36-year +career. My last 25 years were spent on public warning issues +and Federal Government preparedness. At the FCC I served as +Director of Emergency Communications and Senior Adviser, EAS. I +oversaw the technical operations of EBS and EAS and +participated in EAS State and local planning workshops across +the country. I was one of the government employees on the OSTP +committee and recently chaired the PPW committee that developed +the EAS assessment report. + Presently, I volunteer as a member of the Public +Communications and Safety Working Group of the FCC advisory +committee, the MSRC, as the EAS representative to PPW, and as +the Vice Chair of the Washington, D.C. EAS committee. + The key points of both the MSRC and PPW reports are that a +single Federal entity should be responsible for assuring that +public communications capabilities and procedures exist, are +effective, and are deployed for distribution of warnings to the +public by appropriate Federal, State and local government +personnel agencies and authorities; that lead responsibilities +are established at the Federal, State and local levels within +the overall discipline of emergency management; and that a +national uniform All Hazard risk communications warning process +is implemented from a public and private consensus on what best +meets the needs of the public, including people of diverse +language and/or with disabilities. + MSRC and PPW assert that effective delivery of emergency +information to the public should be achieved through a public- +private partnership that makes coordinated use of mass media +and other dissemination systems. + My written statement contains the specific recommendations +that were developed by MSRC and PPW. + My main concern is that EAS and the warning structure in +general are in need of resources so that they can become truly +effective to warn our citizens. Through the years, volunteers +have carried the load in developing EAS emergency plans. +However, no one has taken responsibility to see that emergency +management officials or other first responders know EAS is in +place and available to deliver emergency messages. We know of +no one who used EAS on 9/11, even though it was available. Very +few emergency managers are connected to EAS. They need to be +trained to use it. Some frustrated broadcasters set up the +AMBER program and persuaded local law enforcement to use the +idle EAS equipment to save abducted children. The remarkable +and near instant success of the AMBER alerts is clear evidence +about the efficacy of the EAS and the astonishing impact +broadcasters and cable operators offer by making their +audiences available. + Emergency personnel need tools to convey emergency messages +to the populace at risk. EAS, NOAA and all weather radio, the +common alerting protocol, the AMBER portal and other industry +systems need to be at their disposal to distribute warnings. + Presently the President's EAS message is transmitted by 34 +primary entry point radio stations. These 34 radio stations can +reach only portions of the public. On air tests need to be +conducted to ensure that the message reaches every State and +local area. + Early warning has been proven to reduce the loss of life +and property. The National Weather Service provides excellent +service by transmitting early warning messages over their +communications assets. We need to extend similar capabilities +to all emergency managers at the State and local levels. + When EAS was established the Internet and cell phone usage +did not have a significant market share of the populace. These +and other new distribution systems can now provide access to +millions of our citizens. They all need to be connected to form +a total warning structure. + After the end of the Cold War, government resources in the +planning and warning area began to dwindle. The volunteer State +EAS chairs need assistance to hold workshops, to update their +plans, train industry personnel, refine test procedures and +ensure that EAS is integrated with other warning capabilities +at the State and local levels. States and localities need +assistance with emergency plan development, equipment and +training. + In today's environment the government at all levels must +have immediate and reliable communications with the public. It +is an important part of our Nation's defense. + [The statement of Mr. Lucia follows:] + + Prepared Statement of Frank Lucia + + I thank the Subcommittee and Congressman Shadegg for the +opportunity to participate in this hearing. + I retired from the FCC in January 2001, after a 36-year career. My +last 25 years were spent on public warning issues and Federal +government preparedness. At the FCC, I served as Director of Emergency +Communications and Senior Advisor Emergency Alert System (EAS). I +oversaw the technical operations of Emergency Broadcast System (EBS) +and EAS and participated in EAS state and local planning workshops +across the country. I was one of the government employees on the OSTP +committee and recently chaired the Partnership for Public Warning (PPW) +committee that developed the EAS Assessment Report. + Presently, I volunteer as a member of the Public Communications and +Safety Working Group of the FCC Media Security and Reliability Council +(MSRC), as the EAS Representative to PPW, and as the Vice-Chair of the +Washington DC EAS Committee. + The key points of both the MSRC and PPW reports are that a single +federal entity should be responsible for assuring; + That public communications capabilities and procedures exist, are +effective, and are deployed for distribution of warnings to the public +by appropriate federal, state and local government personnel, agencies +and authorities, + That lead responsibilities are established at the federal, state +and local levels within the overall discipline of emergency management, + And that a national, uniform, all-hazard risk communication warning +process is implemented from a public and private consensus on what best +meets the needs of the public, including people of diverse language +and/or with disabilities. + MSRC and PPW assert that effective delivery of emergency +information to the public should be achieved through a public/private +partnership that makes coordinated use of mass media and other +dissemination systems. My written statement contains the specific +recommendations that were developed by MSRC and PPW. + My main concern is that EAS and the warning structure in general +are in need of resources so they can become truly effective to warn our +citizens. Through the years volunteers have carried the load in +developing EAS emergency plans. In establishing EAS, the broadcast and +cable industries complied with the FCC rules to install and test EAS +equipment at a cost of millions of dollars. They installed EAS and +special equipment at every broadcast station and cable system to make +possible instantaneous communication to the public about any critical +emergency. However, no one has taken responsibility to see that +emergency management officials or other first responders know the +system is in place and available to deliver emergency messages. + We know of no one who used EAS on 9-11 even though the EAS was +available. Very few emergency managers are connected to EAS and trained +to communicate the information that can save lives and property. + Some frustrated broadcasters set up the Amber program and persuaded +local law enforcement to use the idle EAS equipment to save abducted +children. The markable and near instant success of the Amber alerts is +clear evidence about the efficacy of the EAS system and the astonishing +impact broadcasters and cable operators offer by making their audiences +available. + Understandably, resources are needed to equip emergency personnel +with the tools needed to respond to a terrorist attack and other +disasters. However, they also need tools to convey emergency messages +to the populace at risk. EAS, NOAA Weather Radio, the Common Alerting +Protocol (CAP), the Amber Portal and other industry systems need to be +at their disposal to distribute warnings. + EAS was created to allow the President of the United States to +communicate with the public in an emergency. Because of the failure to +coordinate EAS at the state and local level, the efficacy of the system +to disseminate the President's message is undermined. Presently, the +President's message is disseminated by 34 Primary Entry Point (PEP) +radio stations. Those 34 radio stations can reach only portions of the +public; so the plan anticipates that other broadcasters and cable +operators will relay the president's message. Yet no on air tests have +been performed to insure that the message reaches every state and local +area. + Early warning has been proven to reduce the loss of life and +property. Casualties and property losses were greatly reduced as a +result of early warnings prior to the arrival of the recent hurricanes +and tornadoes. The National Weather Service provides excellent service +by transmitting early warning messages over their communications +assets. We need to extend similar capabilities to all emergency +managers at the state and local levels. + When EAS was established, the Internet and cell phone usage did not +have a significant market share of the populace. These and other new +distribution systems can now provide access to millions of our +citizens. They all need to be connected to form a total warning +structure. + After the end of the cold war, government resources in the planning +and warning area began to dwindle. The volunteer state EAS Chairs who +have been working developing EAS plans need assistance to hold +workshops to update their plans, train industry personnel, refine test +procedures, and insure that EAS is integrated with other warning +capabilities at the state and local level. States and localities need +assistance with emergency plan development, equipment and training. + In today's environment, government at all levels must have +immediate and reliable communications with the public. It is an +important part of out nation's defense. + +MSRC Public Communications and Safety Committee Recommendations + 1. A single Federal entity should be responsible for assuring: + public communications capabilities and procedures + exist, are effective, and are deployed for distribution of risk + communication and warnings to the public by appropriate + federal, state and local government personnel, agencies and + authorities. + lead responsibilities and actions under various + circumstances are established at Federal, State and Local + levels within the overall discipline of emergency management + a national, uniform, all-hazard risk communication + warning process is implemented from a public and private + consensus on what best meets the needs of the public, including + people of diverse language and/or with disabilities, including + sensory disabilities. + Effective delivery of emergency information to the public should be +achieved through a public/private partnership that makes coordinated +use of mass media and other dissemination systems to quickly reach +large numbers and diverse groups of the public at risk to deliver +emergency information to the public. + 2. Consistent with best practices in emergency management and +business continuity planning, local and State governments and the media +should cooperate to create, review and update emergency communications +procedures, such as EAS, Amber plans and their components, to quickly +disseminate critical information to the largest possible audience. + Effective use should be made of current, emerging, and + legacy systems, including television, radio and weather radio + that includes EAS. + Local media must be included in the creation of the + communications and warning plan and understand their key role + in its successful implementation. + The skill set of both federal and local agency + participants should include training and process knowledge of + how to work with and the benefits of utilizing the media to + inform the public in a timely fashion during emergencies. + Emergency managers should have a working knowledge of how to + access EAS and other public warning systems. + Local media should assist government to create and + deliver more effective public education about emergencies and + preparedness. + Local Media should assist State and Local + government to develop a public education program that + includes actions that the public can take (and refrain + from) that will assist in the response to and recovery + from disasters. + State and Local public education programs + should be coordinated with Federal government programs + of public information and education. + Local media should agree to develop consistent + presentation guidelines to ensure that all emergency delivery + systems work well together to accurately deliver emergency + information to the entire community. + Government and local media should conduct regular + testing and rehearsals of emergency communications plans. + Appropriate policies for the judicious use of + Emergency Communications should be created to preserve public + confidence and the integrity and urgency of such + communications. + 3. All local media should form emergency jurisdiction / market +cooperatives to assure delivery of local government emergency messages +in a coordinated way to all constituencies in the community. + Local media in each market should be encouraged to + create media pools for risk communication and warning; in + markets where pools exist, a working committee should take the + pool to the higher level of security, isolating it from the + traditional news coverage pool concerns. + Local media should consider the creation of an + Emergency Communications Coordinator position to serve as + single media point of contact for government and develop a + cooperative relationship with the local government lead agency. + State and Local government should consider equipping + their Emergency Operating Centers (EOCs) with the basic audio + and/or video equipment that allows them to provide feeds of + local government officials to the local media + Government and Media representatives from their technical staffs +should meet regularly to ensure that joint plans and procedures have +been implemented properly and that the supporting infrastructure is +maintained in good working condition. + Media and government jurisdictions should agree to + take pre-planned actions upon authenticated notice from + authorized government agencies, and incorporate these pre- + planned actions in overall emergency management training + exercises. + Local media and appropriate public safety and + other government agencies should establish local and + state emergency communication committees to plan well- + coordinated community responses for disasters. + Local media should engage in coordinated + activities to assure the flow of emergency information + using multiple languages and means to make this + information available to persons with disabilities in + their communities. + Pre-planned coordinated activities / roles appropriate + to local conditions for each media under various scenarios + (e.g. the type & number of delivery systems continuing to + function) should be created, developed, rehearsed and tested. + In particular, emergency communications plans + must take into account the probability of widespread + power outages when AM and FM radio is the only way to + communicate to battery powered receivers in the + community. + 4. As the nation's current means to issue timely warnings through +mass media, the Emergency Alert System should be periodically tested, +upgraded as necessary, implemented and maintained at the local, state, +and national levels. + EAS equipment should be uniformly implemented to make + use of the latest EAS codes approved by the FCC. + Written State and local EAS plans should be brought up + to date with close participation by broadcasters and cable + operators. + Wired and wireless paths to EAS entry points from + warning sources designated in State and local EAS plans should + be in good working order. + State and Local EAS plans should consider the use of + the FM radio sub-carriers as a means of providing additional + entry points on a cost effective basis. + The Primary Entry Point system that gives the + President the ability to address the Nation through EAS should + be in good working order and be regularly reviewed and improved + if necessary in terms of reliability, reach and robustness. + Ongoing development of Presidential emergency + communication systems and procedures should be coordinated with + the ongoing development of new and legacy state emergency + communication systems and procedures, including EAS. + 5. Research into development of alternative, redundant and/or +supplemental means of communicating emergency information to the public +should be accelerated. + An expanded government partnership with the media, + consumer electronics and computer industries should harness + free market innovation, foster competition, and enhance + interoperability to meet changing national warning needs. + The partnership should explore the use of + emerging new technologies to improve and / or + complement existing infrastructures and to leverage + emerging new infrastructures. + 6. Local jurisdiction / market cooperatives should be encouraged to +share their locally developed best practices for coordinating their +efforts, delivering risk communications and warnings to their diverse +public constituencies, and joint continuity planning to maintain +communications under crisis conditions. + +PPW EAS Assessment Report Recommendations + Based upon this assessment, the Partnership for Public Warning +makes the following recommendations regarding the future of the +Emergency Alert System: + The Department of Homeland Security should assume a leadership role +for creating an effective national public warning capability. DHS, in +concert with other appropriate federal agencies, should strengthen the +Emergency Alert System by doing the following: + 1. Provide leadership and oversight as necessary to manage the EAS +system. + Evaluate and support the implementation of new and + emerging technologies, which provide greater bandwidth + capabilities and reach large segments of the population. + Ensure that any new technologies are backward + compatible with the existing EAS/SAME equipment at 15,000 + broadcast stations, 10,000 cable head ends and 1,000 NWR + transmitters. + Integrate the EAS and NWR systems with the emergency + management community, by providing a cost effective, reliable, + and secure method of activating the EAS system by state and + local emergency management agencies. + Institute reporting requirements for system + activations to allow for the development of effective after + action and service assessment reports. + Develop and administer procedures and standards for + the requirement, analysis, evaluation, and approval of state + and local plans and a needs assessment of system equipment and + connectivity. + Require mandated compliance with EAS system upgrades + within 180 days of official notice or regulation adoption date. + Provide training resources for all EAS stakeholders + designed to insure that the EAS system is maintained in an + operational status, and that all participants are trained and + qualified as necessary to perform their role in the use of the + system. + Distribute and promote these resources through + course offerings at FEMA's Emergency Management + Institute, and by providing regional, state, and local + training workshops as necessary, including on-site + assistance. + Involve strategic partners in this training + effort such as NEMA. IAEM, SBE, NAB, SCTE, NCTA, and + state broadcaster associations. + Attend and participate in broadcast and cable + industry events and conventions to form a closer + alliance with the broadcast and cable communities. + Develop and administer an education initiative using + public service announcements to raise public awareness of the + role of the EAS system in public warning. + 2. Strengthen and improve the PEP system. + Improve delivery methods to enhance system security, + reliability, and robustness. + Increase testing (to include on air tests as + necessary) to ensure that the PEP system is maintained in a + ready state. + Expand the reach of the system by adding PEP stations + and including major broadcast networks, national cable program + suppliers, and satellite based media outlets. + Implement policies and procedures at the activation + points to allow the use of the PEP system for the purpose of + public warning. + 3. Update the existing Memorandum of Understanding that defines a +framework for a cooperative effort for developing and evaluating state +and local plans, to more accurately reflect current EAS capabilities +and to clearly delineate management and oversight responsibilities. As +appropriate, the MOU should also incorporate other federal and non- +federal agencies participating in the EAS. + 4. Find avenues to provide appropriate federal government funding +and resources to support and operate the EAS and ensure that the +federal government does not impose un-funded mandates on state and +local governments, or the broadcast and cable communities. Study +incentives for industry to participate voluntarily. + 5. Support a public private partnership to develop the standards, +policies and procedures to integrate the EAS into a comprehensive +national public warning capability. + + Mr. Shadegg. I thank you very much, Mr. Lucia, for your +testimony. And now Ms. McGinnis. + +STATEMENT OF PATRICIA McGINNIS, PRESIDENT AND CEO, COUNCIL FOR + EXCELLENCE IN GOVERNMENT + + Ms. McGinnis. Thank you very much, Mr. Chairman, and +members of the subcommittee for including me in this hearing. I +want to congratulate you on focusing on this important issue-- +really getting to the heart of the matter to think about and +look at what would actually happen if we had to mobilize the +public in real time in an emergency. I think that is a great +test of our Homeland Security enterprise. + The Council for Excellence in Government is a nonprofit +organization which for 20 years has focused on two goals, +improving the performance of government and engaging citizens. +I think those are your goals in this hearing and in this +subcommittee. + Last fall we launched a very ambitious effort called +Homeland Security from the Citizens' Perspective. We looked at +the whole enterprise, Federal, State and local, public-private, +the volunteer and civic community from the bottom up, through +the eyes of ordinary citizens, and we did that by holding a +series of seven town hall meetings across the country in St. +Louis, Miami, San Diego, Houston, Fairfax Boston and Seattle. + In addition to having those conversations with hundreds, +actually thousands of citizens across the country, we conducted +a national poll based on what we heard from citizens to test +their ideas and gauge their concerns in terms of whether they +were representative of the whole country. We had experts from +the public and private sector in working groups looking at +citizens' concerns and ideas to help us produce this report, +which you have a copy of, called ``We the People: Homeland +Security from the Citizens' Perspective.'' + The major finding of this work is very pertinent to what we +are talking about today, and that is that there is a tremendous +communications gap between government and citizens in homeland +security, and we think that citizens, the public, ultimately is +the most important and most untapped resource not only in an +emergency response situation, but also to help prevent and +prepare for emergencies. Repeatedly in the town halls, and this +was so powerful, we had State and local and Federal officials +together in conversations with the public, representatives from +both parties, very--this was a very constructive conversation. +They were very proud of the plans that they have come up with, +particularly at the local level, and the hard work that has +been done bringing different agencies together. And then when +we asked the people in the audience and in our polling in the +local areas if they were aware of these plans, if they had any +idea of what to do in an emergency, if they knew where to get +the information, and the answer is a resounding no. And that is +a huge issue. + And the thing that was striking in the moment of these +discussions was that the officials in charge were surprised by +that because the plans are on their Web sites. There is +information out there. A lot of information has been mailed to +people. But it is simply not user friendly. Everyone is not +going to a Web site. We have a huge communications gap. We +asked people how they would get their information in the +absence of knowing or thinking ahead of time about what to do, +and they say they would turn on the television first, and the +Internet for guidance. But if power is shut down, what would +they do, and how many people have battery powered radios and +who knows what stations to turn to if we need information +immediately. And, as we talked about before, how many of our +televisions, radios and other equipment can receive these +digital signals in the kind of emergency alert system that we +envision that would get information out in a very broad way in +real time? + Information sharing emerged as the top concern in every +single town hall meeting and the top recommendation of the +public. People want the government to have the tools necessary +to share information and communicate with them, and this gets +to both the issues of interoperability in terms of sharing and +analyzing the information and making decisions before you get +to a point where you can issue an instruction, an emergency +instruction. That has to be right because the information has +to be reliable. It has to be geographically specific. And then +you have to be able to get it out to everyone regardless of +language or location or disability. + We made a number of recommendations in four areas, and I +think they can serve as principles for your work. Collaborative +leadership, information sharing, engaging citizens in the +process and measuring readiness. And I am not going to go +through all those recommendations. You can read them. But I am +going to highlight a few. + We need an updated National Strategy for Homeland Security. +The National Strategy for Homeland Security was prepared in +2002. It is excellent but it has not been updated and needs to +be updated to provide a framework for State and local plans, +for workplace, school, hospital, other kinds of plans, and it +needs to be very specific in terms of goals, assignments of +responsibilities, performance measures, and the vulnerability +assessments which have to be part of that planning should +include examining emergency alert systems. The critical +infrastructure owned mostly by the private sector, should +definitely include private broadcasters and we should be +focused on their plans and coordinating them with the national +strategy. We need plans and we need to practice them. + In terms of information sharing, we have talked a lot, and +we absolutely agree that we need the standards and protocols so +that decisions can be made and communications with the public +can take place. We absolutely agree and made some +recommendations that information should be shared through many +channels. You really need to think from the perspective of a +citizen in terms of how they are going to get their +information. And so all the channels that we have talked about +from radio to television, to the Internet, to cell phones to +personal computers and--we need to have all of that. + In terms of engaging citizens, and this is a point I will +make generally and we have a lot of specific recommendations, +we think that citizens need to be part of building this, +understanding it and practicing it, because right now if you +have an emergency the response is likely to be quite chaotic +regardless of how effective even a digital emergency alert +system is if people aren't aware of what they are supposed to +be listening for and what they should do under a variety of +scenarios. + We suggested that local government should provide people +with information that is really boiled down, maybe to an index +card that gives them an idea of what they have to have and what +they should do and where they should turn in different +scenarios of emergencies. In some cases you would shelter in +place. In some cases you would evacuate. And if you think that +through ahead of time and talk with your family about it, +practice it in your schools, workplaces, et cetera, there is +going to be a lot more calm, ability to tune in, get the +instructions and follow them. + The readiness measure-- + Mr. Shadegg. If you could wrap up as quickly as you can. + Ms. McGinnis. I will wrap up. I will just say that what we +are working on now is the notion of measuring readiness and +creating scorecards for a variety of institutions and actually +having a readiness index for the public. + Thank you. + [The statement of Ms. McGinnis follows:] + + Prepared Statement of Patricia McGinnis + + Thank you Mr. Chairman and members of the Subcommittee for inviting +me here today to participate in this important discussion about +emergency warning systems and communicating with the public in this new +era of homeland security. I congratulate you on getting to the heart of +the matter--to look at what would actually happen--or not happen--in +the real time mobilization of the public as an emergency unfolds. + As a nonprofit organization, which for 20 years has focused on +improving the performance of government and engaging citizens, the +Council for Excellence in Government shares your concern about the +timely and effective communications with the public in emergency +situations. + In the fall of 2003, the Council launched an ambitious effort +called Homeland Security from the Citizens' Perspective. We looked at +the entire homeland security enterprise from the bottom up--through the +eyes of ordinary citizens. Our goals were to solicit ideas and +articulate a vision of safe and secure communities across the country, +and to identify the communications and actions necessary to get us +there. + To foster dialogue between citizens and leaders, we organized seven +town hall meetings across the country in St. Louis, Miami, San Diego, +Houston, Fairfax, Boston and Seattle. In doing so, we reinvented the +traditional town hall by adding interactive polling technology and the +internet to gauge citizens' views and encourage questions, feedback and +participation. We arranged to have many of the town hall meetings +broadcast live on radio and television, allowing countless others to +participate from home. + In tandem with these town hall meetings, we convened working groups +comprised of thought leaders from the public, private and nonprofit +sectors. They took the ideas and concerns from the town hall meetings +and provided guidance about approaches and solutions to achieve the +safety and freedom that citizens want. Our national poll amplified and +clarified what we heard both in the town hall meetings and in the +working groups. + A major headline of this work is the existence of a tremendous +communications gap between government and citizens, whom we believe are +the nation's most important and most untapped resource to help prevent, +prepare for and respond to a terrorist attack in this country. + Repeatedly in our town halls, we asked the audience whether they +were aware of their state, city, work, or school emergency plans. Time +and again, I saw the panelists--local and state homeland security +directors, police and fire chiefs, and federal officials too--quite +surprised that the people in their communities have little or no +awareness of their plans, how they + +[GRAPHIC] [TIFF OMITTED] T6275.001 + +[GRAPHIC] [TIFF OMITTED] T6275.002 + +[GRAPHIC] [TIFF OMITTED] T6275.003 + +[GRAPHIC] [TIFF OMITTED] T6275.004 + +[GRAPHIC] [TIFF OMITTED] T6275.005 + +[GRAPHIC] [TIFF OMITTED] T6275.006 + +[GRAPHIC] [TIFF OMITTED] T6275.007 + +[GRAPHIC] [TIFF OMITTED] T6275.008 + +[GRAPHIC] [TIFF OMITTED] T6275.009 + +[GRAPHIC] [TIFF OMITTED] T6275.010 + + + Mr. Shadegg. Thank you very much. I want to thank each of +you for your testimony and for your written testimony as well. + I want to begin with you, Mr. Lucia, because quite frankly +I am a little confused. A great deal of the discussion here +today has been on the EAS system, and your points about needing +more resources were well taken. It was a system that was +created, as has been explained earlier here today, to warn +Americans of an impending nuclear attack. Quite frankly, over +time that became a remote possibility, quite fortunately, and +now I think we need a better system. Quite frankly, I think you +are right about needing more resources. + However, one of the things that I was concerned about is +that you made reference to the system not being activated as +often as it should be or not having been activated in the 9/11 +incident except that as I understand it, and here is my +confusion, as I understand it, the current EAS system can only +be, I guess, activated or utilized by the President. And Mr. +Cox pointed out in his earlier questioning, it seems to me, +there ought to be a capability of regional activation. And I +think that is what you said in your testimony, is that correct? + Mr. Lucia. Yes. It is set up technically so that it can be +activated regionally. It depends on which of the 34 stations +are activated to bring the President's message. So it could be +done regionally. Using that method. FEMA can control which of +the 34 are going to put out the message. + Mr. Shadegg. But should it be able to be activated at a +much lower level? For example, the AMBER alert system can be +activated by a local police department when a child is +abducted. + Mr. Lucia. Right. The AMBER plans are excellent examples of +how you can take an originator who makes up a message, have +connection capability to the broadcasters and cable operators +in a given area and put on an AMBER alert instantly. There are +other systems that go with that, you know, the AMBER portal and +so forth. + But the problem is the local, State and local EAS plans are +now done voluntarily. And several years ago--and I keep going +back to the past--we had a program where we do workshops around +the country to develop these State and local plans and make +sure that they were effective. Now, they are still being done, +but I think there needs to be more government resources to lift +that planning program, you know, off of dead center and get +started again really. + Mr. Shadegg. Dr. Ward, in your testimony you said that +technology is not the problem, and I would agree with that. But +the weakest link is this link between people who have a warning +to put out and those who actually disseminate the warning, and +there are many mechanisms for the dissemination of the warning. +The question is how do you implement that? Would you agree that +there needs to be the capability of a regional warning? + Mr. Ward. Yes, there needs to be a capability of a regional +warning. There needs to be a capability of focusing that +warning on a specific region, not just which of the PEP +stations are activated but a specific geographic region. I +think one of the really remarkable successes of the AMBER Alert +Web Portal is the way it can focus on exactly the areas it +needs to go and how it can get these from either the State +police or from any patrolman on duty who can get approval from +the State police to enter that information can go out +immediately everywhere it needs to go. + Mr. Shadegg. I think this committee, this subcommittee, is +interested in actually taking action. I know the full committee +is interested in that. On that point is there a need for a +specific legislation? Mr. Cox in his earlier question said is +this an executive branch issue, or is this a legislative branch +issue? I think there is frustration here that we through the +AMBER alert model have a much better mechanism to notify +people, but we apparently don't have that for incidents that +don't involve the abduction of a child. The kind of incident of +9/11 I am not sure you would want to have issued an alert +nationwide. You certainly needed the more important alert +regionally, here for example, on Capitol Hill, during that gap +between the first three planes crashing and where the fourth +plane was going. You didn't necessarily need a national alert +but you certainly needed a regional alert, and I guess the +question is there something this committee or this Congress can +do to move the ball down the court? + Mr. Ward. As I said earlier, one of the biggest problems +everybody has identified is teamwork, the need to work +together. The fact is for local warnings, local people have the +responsibility to do it, and they want to do it. So the Federal +Government can't just tell them what to do, and one of the +problems with EAS is the fact that it is mandated on the +broadcasters, and while many of them do it very voluntarily and +want to do it, it is not evenly mandated. So I think what you +need to do from the Federal level is somehow empower the local +groups to solve this problem. + Again, I think the AMBER Alert Web Portal Consortium has +given us a model for how you can get all of the different +stakeholders involved. They put the agreements together as to +how to--who is going to be responsible for what; how is it +going to work. They then get the system going and it works very +nicely. So I think we do have an excellent pilot out there that +shows how we can get around all those different groups and get +them working together. + Mr. Shadegg. Now there was Federal legislation to get AMBER +Alert going. Is there a need for similar legislation here? + Mr. Ward. What there is a need for now, for example in the +AMBER area, is to expand that effort to be an All Alert, and +there is a need for Federal interest to do that. In talks with +FEMA there is definitely an interest there. It is a question of +going forward and getting it done. + Mr. Shadegg. So you think there is a need for Federal +enabling legislation to convert essentially AMBER Alert into an +All Hazards Alert so you could warn of anything, not just the +abduction of a child? + Mr. Ward. Yes. It is a question of exactly how much +legislation is required for the purpose of just getting forward +and getting the job done. I mean for very small amounts of +money this could be put nationally because you are not building +new things. + Mr. Shadegg. I think every member of this subcommittee +would like to see the job done, if not every Member of +Congress. I think one of the issues is that the American public +isn't consciously aware of how inadequate the warning system is +right now and even probably not consciously aware of the +importance, the increased importance of a warning system today +following 9/11 versus in the nuclear era. + My time has expired. The Chair would call upon the ranking +member, Mr. Thompson, for his questions. + Mr. Thompson. Thank you, Mr. Chairman. I agree with you on +the inadequacy of the system and just in the testimony of the +two panels we have heard a little bit about the inadequacy. Mr. +Hoover testified that we can notify 94 percent of the people in +this country with our existing system, and I have heard two +gentlemen say we can do about 30 percent. + So can you help me out so at least we will leave today with +some-- + Mr. Ward. Let me first explain reverse 911. When you pick +up the telephone and dial 911, in the center for the 911 calls +your address is physically displayed on the screen. Now, this +requires a database that has to be updated. More than 10,000 +telephone numbers change every day in the United States. There +is a major effort to keep that database operational. Anyway, +there is a database and of course cell phones add a whole other +problem here. But there is a database that links your phone +number to your physical location. You could use that to dial +out but if you--as soon as you start dialing thousands of +people you overload the switch system. As soon as you start +sending short messages service, messages to Blackberries and +cell phones you overload the switching system to get it out +there. You need to broadcast the information. Now, there are +hundreds of companies out there that will provide the service +of calling telephone numbers, sending faxes, sending e-mails. +What we are talking about in this pipeline is empowering all +those companies to do their thing, to do it any way they want. +But here is the official information, and they all will have it +instantaneously. + Mr. Lucia. With respect to the 90 percent, 30 percent, the +34 radio stations that are a part the PEP system, their signal +coverage is about 95 percent of the country. The problem comes +in when the volunteers develop a State EAS plan, they develop a +monitoring structure whereby all the stations and cable systems +in that State monitors in such a way to form like a pyramid so +that the governor can put messages into that system. Similarly +that State EAS entry point monitors a PEP station. So what you +need to do is to ensure that each of those PEP stations is +being monitored by each State EAS entry point, and then that +message can then flow down to all the stations and cable +systems in that State. + Mr. Thompson. So is that being done now? + Mr. Lucia. Well, some of the States have developed--can +reliably monitor those 34 PEP stations. Some State EAS entry +points cannot. + Now, Mr. Hoover said they were going to add more PEP +stations and they were going to put in a satellite system. That +would solve the problem of getting the EAS national message to +each of the State EAS entry points. The problem still exists +below in the State EAS plans there are a lot of communities +that need their own EAS structure, D.C. being one, and we are +working on a plan for D.C. right now. So cities like New York, +Chicago, St. Louis, they need to have State and local plans, +and not only include EAS. It has got to include all of these +systems working together because no one system can reach +everybody. So that is-- + Mr. Thompson. So do we need to from a legislative +standpoint, in your opinion, and I will throw it out, just +mandate that operation in one agency, or-- + Mr. Lucia. Well, it appears DHS is that agency. The only +question is the development of the State and local warning +plans, integrated plans. That is still a voluntary thing. + Mr. Thompson. Right. + Mr. Lucia. I don't--I mean, if--and when you do the plans +voluntarily, I think you get a better cooperation from all of +the industries. If you mandate it, I am not so sure it will be +done, but I am not so sure that--I don't know if the effects +would be as well taken by the State and local officials, if you +know what I mean. + Mr. Thompson. Well, if you were trying to get a uniform +systemSec. + Mr. Lucia. Correct. + Mr. Thompson. Mandating it wouldn't give you-- + Mr. Lucia. Well, the national system is mandated. In other +words, the code that the President uses on the EAS system will +automatically take over all the EAS equipment that it sees, +that it gets to. All the other codes. Tornado warnings, +evacuations, all those codes presently in the FCC regulations +are used on a voluntary basis. The officials request the +broadcasters to put out a tornado, you know, the Weather +Service requests the broadcaster to put out a tornado warning. +The local emergency manager requests that the broadcaster put +out an evacuation order. But these are done on a voluntary +basis. And when you have a plan where the originator says, +well, do you agree with me, Mr. Broadcaster, that we should put +tornado warnings out and the broadcaster says, sure, I will do +it. So when you have that plan structure and when you have that +cooperation in advance, I think it works better that way. But +the question is, how do we get it done across the country that +way? + Mr. Ward. The only mandate that exists at the moment for +Federal agencies is to deliver the President's message. Both +the FCC and FEMA have that mandate. Nobody has the clear +mandate to make sure the public is warned. + Mr. Thompson. Thank you. + Mr. Shadegg. The time of the gentleman has expired. The +Chair would call on the gentleman from California, the chairman +of the full committee, Mr. Cox. + Mr. Cox. Thank you. I wonder if any of our three witnesses +would care to describe with some particularity how the Internet +might be used as part of the digital warning system. + Mr. Ward. The AMBER Alert Web Portal that is now +operational in Arizona and Washington State is using the +Internet, and it is quickly confused. It is not just a Web +site. The information shows up on many Web sites. But that is +just the window into what is going on behind that. What happens +is there is a form that the local policeman can fill out. When +he hits return, it immediately goes out over the Internet to +hundreds of locations, to news desks, to--it can--we have shown +it could drive the EAS system. It can go anywhere you want to +go. + Mr. Cox. Well, I want to ask the question a little +differently, because I am obviously well aware of that. But +what we have been talking about here is how, for example, in +your own testimony, we can be driving along and our radio is +turned on and gives us a message, or our radio, if we had it +on, already is interrupted. Likewise that is the way our +emergency television broadcast system is going to work. What is +the Internet equivalent? + Mr. Ward. Well, what the Internet does is get the +information to the people that can operate those systems. It is +the pipeline from the warning originator to the people that +operate those systems. So, for example, it is through Internet +and other digital networks that would get it to the Association +of Public Television Stations that would broadcast it +nationwide. Or whatever-- + Mr. Cox. Well, I understand how we can e-mail one another +essentially. But what I am asking is whether there is a real +time interruption capability that we could introduce for use on +the Internet or whether that is not envisioned by any of our +three witnesses. + Mr. Ward. No, you can send high speed messages immediately, +either by Internet or by all kinds of public and private +digital networks. That will immediately trigger these issues. +Now, if the Internet is clogged that is one reason you can't-- + Mr. Cox. Mr. Ward, do you understand my question though? + Mr. Ward. Yes, I believe so. + Mr. Cox. Let's say that you have your computer turned on. +We will make this easier. It is already turned on and you are +actually using the Internet. You are viewing a Web site. Is +there any push technology that will pop something up on your +screen that anyone envisions that will provide this kind of +emergency warning in a comparable way to the example that you +gave in your own testimony about the driver going down the +highway whose radio is interrupted with this kind of a message? + Mr. Ward. Yes. Many of us now when we get e-mail a little +pop up comes up on the screen and says you have new e-mail. +That same capability could take over the screen and give you +that warning. + Mr. Cox. Now I know that is theoretically possible. Is +there anything in prospect that you know that anyone has +developed? + Mr. Ward. Yes. + Mr. Cox. Who is that? + Mr. Ward. I can't give you the name of the companies, but +many companies are working on that. Many networks are working +on it. It is--you can send it to the screen and there are +already over Internet systems that you can download that will +put it up there. + Mr. Cox. How is that going to work external to the computer +with nothing pre-installed? + Mr. Ward. The important part at the moment is that the +Internet is used to communicate that out and you are going--it +will eventually be built into the systems to be able to display +it in any way you want. Maybe not even display it on screen, to +give you sound. But what the Internet and all the digital +networks give us is the capability to get the information +there. When we have it there in standard ways, there are all +kinds of companies that can give us ways to sound that, to turn +it into words, to make it visible. + Mr. Cox. I think the question that Mr. Thompson put both to +the first panel and to this panel is getting us close to the +nub of the problem. We have the potential to reach almost +everyone in the country if time were not of the essence, +because so many people do have televisions. So many people do +have radios, and so on. But at any given moment they may not be +watching television. They may not be in the place where they +can listen to the radio. We are a good example right here in +this room. I mean we have got a screen up there. We have got +all sorts of wiring and broadcast capability right in this room +and none of it is turned on. So if we were to hear something +about an emergency, a dirty bomb has gone off in the Capital, +evacuate, it would have to be external to us, somebody would +have to come in the door and tell us or we would have to hear +the thundering herds rumbling down the hallway because they +have gotten their notification in some other way. + So the task is to take advantage, and I think much of your +testimony has touched on this, is to take the technologies that +is already deployed because we are all using so much of it so +often. You know, I have a cell phone in my pocket. Some of us +have pagers, some of us have Blackberries. There are all sorts +of other equipment, and get that message out to as many people +as possible right away, not through intermediation. If all we +are using the Internet for is to send an e-mail to somebody who +might broadcast it through some separate service that we are +not watching anyway, we haven't come close to solving this +problem, it seems to me. + Mr. Ward. There is already a system being demonstrated this +summer in several months across the country. It is operated by +the U.N. in Iraq and other areas that can broadcast a signal to +all cell phones, every cell phone, without knowing who the +people are, within a cell, within a specific geographic region. +Those are the kind of technologies that are readily available +to be implemented once we have the standard source of data +coming over the networks. + Mr. Cox. Now I am a little bit troubled by something you +said earlier, which is that we are going to overload the system +with SMS messages, and SMS are tiny bandwidth. But if that is +going to overload the system--you also said if you call +everyone on their cell phones that is going to overload the +system. Why is it then that you say this is readily available? + Mr. Ward. If you need to address an individual telephone, +it takes several seconds to do that through the network. If you +broadcast to all cell phones in the area without addressing a +telephone, you can get to all of them instantaneously. + Mr. Cox. It is going to overload the system. My time has +expired, Mr. Chairman. Thank you. + Mr. Shadegg. I cut off Ms. McGinnis, and in all fairness +even though you are the full committee Chair I think I have to +proceed. The Chair would call upon the gentlelady from the +District of Columbia for her questioning. + Ms. Norton. Thank you very much, Mr. Chairman. I had +indicated my own concern about this region. That really went to +implementation. I suspect that we probably have as good an +early alert system as you are going to find. I know you have a +lot of technology in this region, as you might expect. I am +interested that--I guess it was Mr. Ward said that the +technology is not the problem. There should be, you say, a +single Federal agency responsible for assuring that these +communication procedures exist throughout the country. I mean, +I would hope that that is what the Homeland Security Department +is there for. The notion that you have to recommend it at this +point is itself troubling. In this city we now have with the +region interoperability, we can talk all through the region. We +can talk deep into burning buildings and the rest of it. On +tomorrow the District of Columbia is going to demonstrate a +broadband digital wireless network, the first in the country, +that will really allow you to see, for example, inside a tunnel +if something is happening. They are leading a Spectrum +Coalition For Public Safety and are going to demonstrate this +tomorrow here in the Capitol. + So you know, you would think, technology seems to be +gathering steam. But let me show you where I think the +technology falls real short. + When the Orange alert came to the District of Columbia, the +Capitol Police and the security officials reverted to 19th +century technology, you know, closing up streets, closing up a +street, checkpoints. My grandfather entered the D.C. Fire +Department in 1902. That is exactly what he would have done. So +I wasn't very impressed with what they were doing to prevent a +disaster. And I think this notion of communication and early +warning goes far more to the notion that you want to prevent a +disaster from getting anywhere close to targeted areas than it +does to hey, you know, the British are coming, so everybody get +under your desks. + I asked the security officials here, the Sergeant at Arms, +both sides, the Capitol Police, whether there wasn't some +technology that could keep us from, you know, peering into--you +know, having checkpoints that lined cars up, peering into the +back of cars because I understand what they were after, and +they said no. I said I just don't believe that. The one, quote, +technology they used or tested after the Orange alert was very +low technology indeed. But it is rather interesting and common +sense that as--the way in which this would work is if there +were a large vehicle, like a truck coming toward the targeted +area, the Capitol, they could turn on lights red, they say, and +they tested this, and stop this truck or get to this truck. And +that is not exactly 21st century technology, but that is the +only thing they have shown us. I am very interested in whether +or not there is early warning technology that gets us +somewhat--that does not require that warnings and action be +taken as the event is about to occur. + Ms. Norton. So that we send the signal to everybody, baton +down your hatches. + I am interested in what you can tell me about technology or +methodology for, for example, an orange alert, or a situation +where you really want to communicate to people that--or use +technology to keep an area safe and communicate to people that +they should perhaps should not come into an area or should use +another area. I am not impressed, if this is a test of what we +do when we are trying to prevent an event, if what is happening +around the Capitol is a test. All I can say is I think we have +failed the test. And I would look to technology, I would look +to whether or not, for example, in place of a checkpoint, there +is some technology you could use that would allow cars to come +up, at least the average car if not the large cars, to come up. +I would look to some technology that could keep you from +closing streets. + And I wonder if in the work of any of you, you have seen +either technologies or methodologies that would in fact +safeguard such areas well in advance of the event through the +use of technology or other approaches. + Mr. Ward. The technology we need is for an emergency +manager or other authority, when they have the information, +whenever they get it, whether it is long before or just as it +is happening or whatever, to be able to get that to the people +who need to know it. That is the warning system we are talking +about. + And, again, we have that technology, but it is in many +scattered forms; it is not integrated into a system. And what +we are talking about is the need to have that system to +integrate it so that the emergency manager doesn't have to +worry about how the technology works, just knows that if they +put the information here they can designate exactly where that +information will go. + Ms. Norton. Does anyone else have any--for example, what we +have around the Capitol also, we have these pop-up, what do you +call it, barriers. That is good. But that means something is +coming right at you right now, I suppose; or it means that +maybe just trying to stop something in case something comes at +you. And, of course, we have the barriers that are around here. + But, again, you would think at this point there would be +some way to more quickly scan the kinds of vehicles you are +concerned about, the kinds of people you are concerned about. +And yet I really don't see any evidence of that anywhere. And +we are really stopping up the society. This is a commercial +society. Things need to go happen. Even if they don't have to +happen in the Capitol, they need to happen in the rest of the +world. I do not see much evidence of that in the use of +technology in particular. + Mr. Shadegg. Does anybody wish to respond? + Mr. Lucia. Well, the only thing I think I can offer is the +first responders have to have the capability to communicate +messages to the systems that will then notify the public. If +they need special systems to do that, like around, you know, +the nuclear plants or wherever, then that needs to be done; +because without it, they are not going to be able to get their +messages to the people at risk. + Mr. Shadegg. Ms. McGinnis, did you want to comment? + Ms. McGinnis. I think this is a subject for probably +another hearing, because it is a different sort of technology +that you are talking about in terms of scanning, you know, +devices that we are seeing now in airports and having to do +with baggage and cargo and that sort of thing. + But I guess the one thing I would offer in terms of +prevention is we recommended that there be a way, a simple way +for the public to report suspicious behavior into a system like +a 311 or a 911 system that would be received locally, but in +which the information would be shared, as appropriate, so that +it could be turned into an alert, if that were necessary, or +used by intelligence officials or others. + So it is not just getting information out to people in a +timely way, but it is also having a simple, well-organized +system to receive information and use it appropriately. + Mr. Shadegg. Mr. Ward, I want to clarify one point. In the +discussion with Mr. Cox, I think you had said that if you have +to dial every phone number, that that could overburden the +phone system and bring it down--as actually happened here in +the Capitol Hill area on 9/11 when our cell phones became +useless. And I understand the same would be true if you had to +dial a phone number for every single cell phone number. + What I understood your testimony, however, to be was that +there are systems in place--you mentioned in Iraq--where, by +not dialing each individual number but, rather, sending a radio +signal, you could in fact send a signal to all cell phones at +least without clogging the system. Is that correct? + Mr. Ward. Yes. It is actually a transmission from the cell +tower which dominates an area of a few miles. And any cell +phone within that, that is communicating with that tower, will +get that message immediately. That is one example. There are +many technologies to do that. + Mr. Shadegg. I want to conclude with one kind of question +and ask each of you to comment on it. To a certain degree, I at +least--and I think this may be true of other members of the +panel--feel some degree of frustration. All of us feel the +system is not adequate. All of us would like to see it be +better. We have heard encouraging testimony about the +technology that can make it better. + But if I understand the overall thrust of the testimony, it +is that while there is a Federal alert system, its +implementation requires voluntary work by local entities. And +in the sense that we don't have one right now that we can use +in the event of a next terrorist attack, it appears that at +least passing a bill at the Federal level won't solve the +problem. So that is somewhat frustrating for us because we are +here to solve problems. And we want to have a single mechanism +that will allow all Americans to be notified, whether it +requires a national notice or whether it requires a regional +notice, because there is a terrorist attack or a dirty bomb on +Capitol Hill or in north Phoenix where I live. + I guess my--given that circumstance--and let me give you +each an opportunity to say, if you can encourage this +subcommittee and the full committee to do one thing, would you +make a recommendation; and, if so, what would that be? For each +of you. + Mr. Ward. I should say on the National Strategy for Public +Warning, there is on page 29 a clear recommendation of what the +President and Congress should do and what Homeland Security +should do. Without going into all that, the biggest issue we +face is this frustration that you mentioned of getting people +to work together. + To me, having worked in this area for a long time and +talked to a lot of people that are frustrated that way, what we +are seeing in the Amber Web alert portal is a breath of fresh +air. It is a way of getting people to work together. And I am +really hopeful that we are going to find a way to move that +into all hazards, because it is a model that gets past this +frustration and gets the job done. + Mr. Shadegg. Mr. Lucia. + Mr. Lucia. Yes. Some States and local areas have developed +excellent local emergency plans. They are model plans. The +question is, how do we get the other States and localities to +model their plans after that, because each State and local area +is so unique, they have different assets? That is a question. I +mean, we could mandate it and say you are going to do it this +way? + Mr. Shadegg. Maybe financial incentives. + Mr. Lucia. Possibly. And also providing, let us say, if a +particular emergency manager doesn't have a radio system to get +into these systems, how do we get money to him so that he can +do that? Just these little things here and there, I think, can +add a lot of impetus to all the areas to develop plans. + Ms. McGinnis. I mentioned that the National Strategy for +Homeland Security is out of date. I think we need an up-to-date +national strategy with a clear goal around being able to reach +everyone in an emergency situation. And the measures, I think, +are pretty obvious. We could--you know, the performance +measures could be specified, roles and responsibilities for +State and local government; and you would see with that kind of +strategic approach funding that goes out to State and local +government focused on meeting those goals, achieving those +measures, and actually, you know, by a date certain, if time +frames are established, having a system that can reach +everyone. + Mr. Shadegg. That is certainly the goal and that is what we +need to do. Thank you very much for the testimony. The hearing +record will be remain open for 10 days. There may be additional +questions submitted by members who weren't able to attend. They +will be submitted to you, and we would appreciate your +cooperation in responding to those. Again, thank you very much +for your testimony. The subcommittee stands adjourned. + [Whereupon, at 12:20 p.m., the subcommittee was adjourned.] + + FOR THE RECORD + + Questions for the Record + + From the Honorable Bennie G. Thompson + + For Reynold Hoover + + September 22, 2004 + + In the Administration's fiscal year 2005 budget, you requested an +additional $2 million for Emergency Alert System (EAS) upgrades. +Specifically, you indicated that these funds would be used to enhance +communications linkages between the 34 Primary Entry Points and the +FEMA Operations Center. + + Question 1(a): What is the total proposed FEMA budget for EAS for +fiscal year 2005, and what specific activities does this budget +support? + Answer: The total FEMA budget specifically designated for Emergency +Alert System (EAS) upgrades in fiscal year 2005 is $2.15 million. This +budget provides for satellite connectivity upgrades for the Primary +Entry Point (PEP) stations and for expanding the PEP network to all 50 +states and four U.S. territories. In addition FEMA, in coordination +with the Department of Homeland Security's (DHS) Information Analysis +and Infrastructure Protection Directorate (IAIP) will spend an +additional $18 million on other public alert and warning initiatives, +to include pilot programs and a compendium of studies to develop an +Integrated Public Alert and Warning System (IPAWS) architecture. This +architecture will serve as a consolidated DHS roadmap for the future of +EAS and for public alert and warning and mass notification. + + Question 1(b): How many full-time FEMA employees work solely on the +EAS? + Answer: FEMA's Office of National Security Coordination (ONSC), +provides Program Management for the EAS as well as for other public +alert and warning initiatives. This effort is directly linked and +coordinated with IAIP. While there are no full-time employees working +solely on the EAS, there are eight employees within ONSC who provide +support to the EAS. In addition, an integrated project team within FEMA +that includes our Information Technology Services Division and the +Response and Preparedness Divisions provide support to ONSC and the +EAS. Further, employees assigned to the FEMA Operations Center and +Alternate Operations Center are directly involved with EAS testing, +activation, and operation. + + Question 1(c): Does FEMA provide any guidance to state and local +governments regarding EAS messages, or do your activities focus only on +``Presidential Alerts?'' + Answer: As an ``all hazards'' agency, FEMA is not solely focused on +``Presidential Alerts'' and, while we serve as the Executive Agent for +the operation of the national-level EAS, we do provide guidance to +State and local emergency managers regarding a variety of alert and +warning systems, including outdoor warning systems. + + Question 2: Why wasn't a Presidential Alert issued through the EAS +on September 11, 2001? This would seem to be exactly the type of +incident where use of the EAS would be necessary and appropriate. + Answer: The national level EAS assumes that the President will have +access to national media outlets during a crisis and that the System +would only be used as a Presidential contingency communications means +when other outlets are unavailable. On September 11, 2001, the national +level EAS was operational, but was not activated, because national news +outlets already were providing the latest information and the President +was able to use those media sources to communicate with the nation. + + In 2000, the White House issued a report entitled ``Effective +Disaster Warnings.'' The report recommended that a working group of +Federal agencies should develop a single, consistent, easily understood +terminology that can be used as a standard across all hazards and +situations. + + Question 3(a): Was this working group ever assembled, and has any +standard warning terminology been developed? If not, why not? + Answer: While this group was never established, DHS, including +FEMA, IAIP and the National Communications System, the Federal +Communications Commission (FCC), the National Oceanic and Atmospheric +Administration (NOAA) and other Federal agencies have participated in +the activities of the Partnership for Public Warning (PPW), which +examined issues related to standard warning terminology. Many of the +recommendations on alert, warning and EAS improvements offered by PPW +and the FCC's Media Security and Reliability Council are under +consideration by DHS. We believe the recent launch of DHS's IPAWS; +combined with the FCC's Notice of Proposed Rulemaking on EAS, will help +address common alerting protocol recommendations. + + Questions 3(b): Since September 11, has there been any effort to +develop specific messages that would inform the population of what +actions they should take in the event of a chemical, biological, +radiological, or nuclear attack? + Answer: Yes. DHS has provided several sources for such information +to include, the www.Ready.Gov website and ``Are You Ready? An In-depth +Guide to Citizen Preparedness.'' These information resources, and +others that the Department has developed in consultation with the +private sector, provide the public with guidance on what to do before, +during, and after such attacks. Furthermore, the National Response Plan +(NRP) Incident Communications Emergency Policy and Procedures (ICEPP) +is the primary incident communications plan for use by the Federal +interagency community. It is used in conjunction with State and local +authorities to manage incident communications and Public Affairs +activities during domestic incidents. The NRP-ICEPP incorporates +specific incident communications guidance on operations in support of +weapons of mass destruction (WMD) or catastrophic incident scenarios. +This appendix will be used in conjunction with the NRP-ICEPP during +such incidents. It provides detailed information on Departmental and +Agency incident communications resources to support response +contingency plans. + + The White House report also recommended that warnings should be +delivered through as many communication channels as practicable so that +those users who are at risk can get the message whether inside or +outside, at home, work, or school, while shopping or in transportation +systems. + + Question 4: Has there been any effort to implement a national +warning system that could reach the public through multiple +communications systems, other than the EAS system? + Answer: Yes. DHS has several efforts underway to implement a +national warning system that could reach the public through multiple +communications systems, other than the legacy EAS. In coordination with +the FCC, NOAA, television and radio broadcasters, wireless service +providers and others, we are exploring the use of digital and other +cutting edge technologies that will enable the government to provide +``all hazards'' alerts, warnings, and Presidential messaging to the +greatest number of people all of the time. This includes persons with +disabilities and individuals for whom English is a second language. We +are confident that the IPAWS under development and undergoing pilot +testing in the National Capital Region will provide the backbone for a +national warning system that can reach the public through multiple +communications systems. + In addition, FEMA's Preparedness Division has several studies +underway to facilitate the design, development, implementation and +maintenance of a national warning system. These include the following: +``Outdoor Public Alerting System Guide'' dated December 2004; ``Public +Warning System Redevelopment Project'' in draft form; and ``Warning +America'' dated February 2004. These studies are being or will be +coordinated fully with the Office of National Security Coordination. + DHS and the Departments of Commerce and Education are conducting a +pilot program to distribute NOAA All Hazards Radios to public schools +in rural states and in top threat cities around the country. This pilot +will significantly improve our ability to provide alert and warning +messages to the nation. + Finally, the National Science and Technology Council, author of +``Effective Disaster Warnings'' will be revisiting the original report +this year and will take into account changes since the 2000 issuance. + + We can likely all agree that in times of national crisis, reliable +and timely information is crucial. Most Americans presently get their +emergency information from the antiquated Emergency Broadcast System. +But in the event of a local or regional power failure, these +information sources are mostly unavailable. We should have the +capability to use a quick, accurate and versatile official +communications alternative that can focus in on specific neighborhoods +or cities, or be expanded if necessary to whole regions or the entire +country. Because of this need, Representative Meek, a member of the +Homeland Security Committee, introduce HR 2250, referred to as the +READICALL bill. The bill requires the Secretary of Homeland Security to +use existing resources--just like the present emergency broadcast +system using existing resources--to create a fast, efficient and +reliable emergency communications system based on the nation's public +telephone system, including cellular phones, on a 24 hour/365 days-a- +year basis. The system could only be activated by the Secretary of +Homeland Security, and only to keep the public informed of imminent or +current hazardous events or on measures that should be taken to +alleviate or minimize danger. The aim of the legislation is to keep our +citizens informed in the terrible event that there is a national, +regional, or local terrorist emergency and present sources of +communication are not simply available. Minutes can make a huge +difference in an attack or disaster; accurate information pin-pointed +to the affected area can make all the difference. + + Question 5: Has anyone at FEMA or DHS researched or considered such +an emergency warning system? What are your initial thoughts on such a +system? + Answer: As a point of clarification, the current EAS replaced the +Emergency Broadcast System in 1997, and operates at the national level +from the FEMA Operations Center to 34 PEP stations across the country. +FEMA does agree that in times of national crisis, reliable and timely +information is crucial. Moreover, we take our responsibility to provide +critical, and life saving, information to our homeland security +partners and the public very seriously. In that regard, DHS has several +initiatives underway within the IPAWS program to examine how to best +use the nation's telecommunications systems to perform public alert and +warning missions. For example, we are working with wireless service +providers as part of the Digital Alert and Warning System pilot project +in the National Capital Region; and, we are working with NOAA to +demonstrate geo--targeted reverse--911 technology that will allow us to +call specific households or businesses in an impacted or threat area to +provide emergency information. + + Responses from Patricia McGinnis, President and CEO, The Council for + Excellence in Government + + To the Questions Submitted + + By the Subcommittee on Emergency Preparedness + + Select Committee on Homeland Security + + United States House of Representatives + + October 29, 2004 + + Questions from the Honorable Jim Turner, Ranking Minority Member + + Question: You said in your statement that one of the biggest +findings of your report was a communications gap between government and +citizens, both in terms of planning that is going on and what +specifically the public should do in times of emergencies related to +terrorism. Despite 3 years of efforts by all levels of government to +tackle homeland security, why do you think this gap exists? + Response: Our May 2004 Hart/Teeter poll revealed that most +Americans felt safer then than they did two years ago. This is +partially the result of three years of visible efforts by all levels of +government to improve the homeland security posture of the country. + However, despite all the planning being done at the federal, state +and local government in coordination with first responders, our town +hall meetings in seven major cities and our national public opinion +poll confirmed that most citizens are not familiar with local emergency +plans or those in their workplaces or children's schools. As a father +in our San Diego town hall said, ``We were told by my son's school that +we should come up with a family evacuation plan. . .but it's hard to +come up with a plan when you don't know what the school plans to do in +the event of an emergency.'' + Information about homeland security is available on many websites +but it can be remarkably difficult to find the emergency plans of most +local governments. To encourage dissemination and awareness, we have +recommended that information be marketed through many channels of +communication, including the media, schools, and workplaces. + Our Hart/Teeter poll also found first responders are aware of a +communications gap with citizens. A solid majority (60%) rated the +communication between their agency and citizens as only somewhat +effective and efficient. Fully 86% of first responders, however, say +there is a role for average citizens in homeland security. Marketing +information to the public is not a primary skill set of first +responders and government officials. The challenges we face require +unusual communication strategies and many trusted messengers. + Another reason for the communications gap is the low participation +in emergency preparedness drills. Nearly three in five Americans say +that neither they nor anyone in their family participated in an +emergency drill in the past year. Among those who have participated in +a drill, school are the most common location, workplace drill +participation is nearly as common at 18%. Just 3% of Americans have +participated in a drill with their family, and just 4% have +participated in a community drill. + The communication gap between governments and citizens shows the +real need for a concerted outreach strategy that not only informs the +public but actively seeks their participation in preparing for homeland +security. + + Questions from the Hon. Bennie Thompson, Subcommittee Ranking Member + for Patricia McGinnis Responses + + Question: Your recent survey and follow-up report found that more +than half (53%) of Americans say that they would turn on their +television to find information about preparing for a terrorist attack, +learn about the latest threats, and receive guidance on security +precautions. Given this information, would you recommend that any +changes to the warning system be focused on delivering messages via +television? + Public warning systems should recognize that citizens will +naturally rely on television to receive information in almost any +emergency or hazardous situation. Indeed, over half of the respondents +in our survey said they would rely on television for information about +what to do if there were a terrorist attack near them. One in five or +21 percent said they would rely on radio, followed by cell phones at 9 +percent and landline phones at 8 percent. + But, what if they power is out, or for other reasons, access to +television is not possible. In addition to battery operated radios, new +communications systems are being deployed that can broaden the reach of +current warning systems. For instance, we learned that the Texas +Education Agency now has the ability to simultaneously communicate with +multiple people within the school district on various self-selected +communication devices. In addition, the system is capable of initiating +a voice-only alert via the public telephone network and interfacing or +connecting to other communication devices. Relying exclusively on +television for warnings may not be as timely as that provided by +instantaneous and on-the-spot information services delivered to mobile +phones, pagers, and other wireless communication devices. + We should move in the direction of having televisions, radios and +other communications devises equipped to receive digital signals of +emergency warnings. + + Question: Based on the town meetings that you held around the +Nation, what preparedness information does the public want, and how +does the public go about gathering preparedness information? + We asked this specific Question as a part of our national public +opinion poll released in May 2004. The public wants easy to use +preparedness and incident response information on key threats: Bio- +terrorism, chemical attacks, and attacks on power plants, water +facilities and other critical infrastructure. In our poll, nearly half +of Americans put bioterrorism at the top of their list, chemical +weapons were second at 37 percent and a nuclear attack was third with +23 percent. + When asked to rank which potential targets remain a concern for +them 49 percent of Americans responded that an attack on a power plant +is their top concern followed by 46 percent of respondents worried +about an attack on airports or airplanes, and 44 percent listed water +facilities as a target of concern. + Our research showed that the public gathers preparedness +information from a variety of sources. Television was the number one +choice of citizens (53 percent) when asked where they would look first +if they wanted to find information on preparing for a terrorist attack, +learn about the latest threats, and get guidance on security +precautions. Three in ten (31%) of Americans when asked the same +Question said they would turn toward the internet. Young adults were +particularly likely to choose the Internet over television. Eight +percent of the public said they would choose the radio first and just 3 +percent said they would open a newspaper first. + Following our recommendation, the Department of Homeland Security +made a step in the right direction by designating September as +``Emergency Preparedness Month''. + In our report, we made several recommendations on how communities +and organizations can be more proactive and creative in getting +preparedness information to the public. For example, + Schools could engage parents and students in their + emergency plans during ``back-to-school'' activities and PTA + meetings. Private employers should have up-to-date and + comprehensive workplace plans, kits and activities, which + should include: emergency information posted on employee + bulletin boards, periodic all-staff meetings to share + information, and an in-house alerting strategy to quickly + inform employees with evacuation procedures or other actions to + perform in an emergency. + Local governments should produce an index card of + critical information in a user-friendly format that can be + distributed in multiple languages, through many channels to + homes, workplaces, and schools. + State and local governments should include reporters + in homeland security training exercises as active participants. + Local officials should offer citizens a service that + will send homeland security information or alerts to cell + phones, email addresses, pagers and other personal + communication devices. This system should have the capacity to + ensure continuity of operations and the accurate and timely + flow of information in an emergency. + Members of Congress should include an emergency + preparedness ``at-a-glance'' card in their September + constituent newsletter. + Managers of privately owned critical infrastructure + facilities should communicate to citizens through ongoing + corporate affairs, advertising and marketing campaigns about + specific steps they have taken to secure their facilities. + Broadcast media organizations should partner with + business and local government to run public service + announcements about homeland security and emergency + preparedness. + + Question: What information should the public receive in a warning +message? How tailored or specific should warning messages be in order +to be effective? Do the current warning systems provide enough +information for the public to take appropriate action in response to a +disaster, emergency, or act of terrorism? + The public should receive warnings that are specific to their +location, describe the threat with clear instructions about who should +do what, when, where and how. + Clearly, most current warning systems do not deliver detailed or +geographical specific information to the public, and not everyone has +access to our national emergency alert system. As we know from our +polling, the American public is worried about many different but +specific types of emergencies, bio-terrorism, chemical attacks, nuclear +attacks as well as attacks on critical infrastructure, and often these +are not covered by current warning messages. + Different types of emergencies require different actions by +citizens, but our older warning systems were not built with this in +mind. Would the average citizen know when it is better to shelter-in- +place instead of moving locations? Would they be comfortable enough +with detailed emergency plans distributed by their children's schools +to know that the school was keeping their children safe too? The +integration and coordination of threat specific emergency warning plans +is essential. + U.S. House of Representatives + Select Committee on Homeland + Washington, DC, October 27, 2004 +Dear Chairman Cox, + This document is submitted in response to your letter of +October 13, 2004 containing several additional questions +concerning the oversight hearing entitled ``Emergency Warning +Systems: Ways to Notify the Public in the New Era of Homeland +Security,'' on Wednesday, September 22, 2004. + Attached are my answers to the questions supplied by the +Honorable Bennie Thompson, Subcommittee Ranking Member. + Thank you for the opportunity to appear before the +Subcommittee on Emergency Preparedness and Response. Thank you +especially for your strong continued interest in improving our +public warning capability in America. + Sincerely, + + Dr. Peter L. Ward + + Question: 1. In February of this year, the Partnership for Public +Warning assessed the EAS, and made a number of recommendations for +improvement. In particular, you recommended that DHS take the lead in +creating an effective national public warning capability. What +organization in DHS should take the lead on updating or replacing the +EAS? Should it remain a "national security" based system, or should it +be changed to better address the all- hazards nature of most warnings? + The national need is to upgrade public warning systems of which the +EAS is a part. + Approximately 75% of the public warnings typically issued each year +come from the National Weather Service and are for severe weather or +flooding. Approximately 15 to 20% relate to accidents or ongoing +hazards issued by first responders or emergency managers. The balance +includes missing children (AMBER Alerts) and many other hazards such as +volcanoes, earthquakes and such. Specific National Security Warnings +are likely to be less than 1% of the warnings issued based on current +experience. + Coordinating an effective National Warning System involves working +with most groups in DHS including: + Emergency Preparedness & Response (FEMA has the + deepest roots in the communities and with the emergency + managers and fire services) + Information Analysis & Infrastructure Protection + Border & Transportation Security + Science & Technology + Coast Guard + Citizenship & Immigration Services + Homeland Security Advisory Council + National Infrastructure Advisory Council + It also involves close interaction with many other agencies +involved in warnings or regulating warning services including: + Federal Communication Commission + Department of Commerce/NOAA/National Weather Service + Department of Interior/US Geological Survey + Department of Agriculture/Forest Service + Department of Justice + Department of Transportation + Department of Health and Human Services/CDC and others + Nuclear Regulatory Commission + Thus the overall responsibility for warning within DHS should rest +with a person or small office within the Office of the Secretary for +Homeland Security. + You also need to ask the question: What is the appropriate role of +the Federal government in national public warning? + (1) The primary responsibility for public warning lies with county, +city and tribal government and nearly all public warnings issued are +focused on very specific localities. Thus the primary role of the +Federal government is to support State and local government with +technical information from organizations such as the National Weather +Service and with intelligence information from law enforcement and +intelligence agencies. The Federal government may issue warnings, but +it is on behalf of local government where time is of the essence. + (2) The other primary role of the Federal government in public +warning is to assure that nationally standardized public warning +systems are available nationwide, that they are effective, and that +they are properly utilized. + These issues are addressed more fully in A National Strategy for +Integrated Public Warning Policy and Capability published by the +Partnership for Public Warning on May 16, 2003 (ppw.us/ppw/docs/ +nationalstrategyfinal.pdf). + It is also important to realize that most infrastructure for +warning the public is and will be privately owned and operated. Thus +the Federal government needs to work closely not only with local +government but also with industry. Development of an effective public +warning system requires a public/private partnership. A top down +approach from Washington has not worked effectively in the past. The +Federal government needs to provide leadership by bringing the key +stakeholders together. Thus within DHS, it seems very appropriate to +establish a National Public Warning Advisory Committee. + As I explained in my testimony, a public/private partnership among +law enforcement, emergency managers, first responders, the nations +broadcasters and industry has already implemented the AMBER Alert Web +Portal warning system in two States and it will soon to be implemented +in 12 more States. The National Association of State Chief Information +Officers (NASCIO) has proposed to DHS to extend this approach to all- +hazard warning through a pilot project in the National Capitol Region +and Washington State over the next 6 months. I believe that such a +partnership working closely with DHS and other Federal agencies has the +best chance for significantly improving public warning capability +within the near future. As you know, Congressman Shadegg has introduced +an amendment included in the House version of the 9/11 bill supporting +this approach. + What roles should the FCC and the National Weather + Service play if DHS is the lead agency for the EAS and other + warning systems? + The FCC carries the big stick with respect to the communication +industries and infrastructure. They need to be involved in encouraging +and potentially regulating all types of warning capabilities, not just +EAS. + The National Weather Service issues most warnings and has an +excellent operational capability throughout the United States. They +need to play a major role and perhaps should assign an employee to work +with the warning coordinator or Office within DHS. + Do you believe legislation is required to clarify + responsibility and accountability for warnings? What would such + legislation do? + The primary reason for the poor warning systems existing today in +America is that no one agency has been assigned legislated +responsibility or has assumed it. While the FCC, FEMA, and NOAA/NWS +signed a Memorandum of Understanding in 1981 for operation of EBS (now +EAS), all three agencies have reduced their involvement and funding +over the years citing their legislative mandates and priorities. Thus +legislation is required to assign and clarify responsibilities. The +content of the legislation needs to be discussed in detail but should +include: + A statement that an integrated public warning + capability is a national priority + Assign lead responsibility to the Secretary DHS for + ensuring that national public warning systems and procedures + exist, are effective, and are properly utilized to distribute + warnings and information for all types of hazards from all + official warning providers, to all potential warning + disseminators, and ultimately to all people directly at risk. + A statement that development of an effective public + warning system in America depends on a public/private + partnership between Federal, State, and local government and + industry. + Possibly establish a small office within the + Secretary's office or leave this for the Secretary to decide + Possibly establish a national advisory committee that + would involve the many stakeholders in warning systems + Discuss the need to coordinate with other Federal + agencies and what their roles might be + Describe what the relationship of the Federal warning + program should be in assisting the States, counties, and cities + who have the primary responsibility for public warning + Perhaps specify some characteristics of the national + warning capability + Provide appropriate funding for integrating public + warning policy and capability + The pilot project proposed by NASCIO will provide an excellent test +bed for refining such legislation. + + Question: 2. The February report also recommended that the +Administration provide the necessary funding and resources to support +and operate the EAS system. + What is the appropriate level of funding to adequately + maintain the current EAS system, and how much funding would be + required to significantly upgrade the system to reach multiple + communications modes and to be regularly utilized for purposes + other than ``Presidential alerts?'' + Proper maintenance and operation of EAS requires restoring the +roles that FCC and FEMA played in training locals and working with them +to develop warning plans. A minimal effort might involve approximately +$1 million per year and several times that could be spent wisely. + To upgrade public warning capability significantly within the +United States, the first step is to establish a digital national +warning infrastructure as outlined in my testimony. Those involved have +proposed to DHS (FEMA, Science and Technology, and the DHS CIO) through +the National Association of State Chief Information Officers (NASCIO) +to carry out a pilot project in the National Capitol Region and +Washington State within 6 months to demonstrate how such an +infrastructure would work and to evaluate issues that would need to be +resolved to expand nationally. That proposal requests $1.65 million. +Expansion to a national capability can probably be done for +approximately $10 million. Once this national warning infrastructure +exists, warning capability will be significantly improved. The next +step is to evaluate ways to improve specific technologies for +delivering warnings directly to the people at risk. The issue becomes +how much the government should fund versus what can be done through a +public/private partnership and in the competitive marketplace. With +clear national standards and a place for industry to receive official +warnings for delivery, warning capability could be built into a wide +variety of electronics as a way to sell new products. The government +could spend some millions of dollars to stimulate these activities or +some hundreds of millions to pay for them all. + + Question: 3. Based on your work, are there any particular +technologies that would be best suited to improving the nation's +warning systems? Rep. Meek, a member of the Full Committee, has +introduced legislation that would implement a landline-based +interactive notification system that would convey national, regional, +and local emergency messages via the public switched telephone network +to wire-line telephone subscribers located in the specific geographic +areas affected by emergencies. Would this type of system be more +effective than the current EAS? + An effective public warning system needs to utilize all available +technologies: + The EAS reaches only people listening to the radio or + watching television broadcast from ground based transmitters. + Few people listen or watch many hours per day. More than 20% + receive television via satellite and satellite radio is + increasing in popularity. For EAS to work via satellite there + needs to be intelligence built into the receiver to relay only + warnings that apply to that specific location. Receivers could + be built that turn themselves on upon receipt of a warning. + Most homes and offices have wire-line telephones and + warning by telephone would reach a large number of people + during the evening and night at home and during the day at + work. But it would not reach people who are out and about. Many + modern telephone handsets do not work during a power failure. + Equipment similar to Caller ID devices could receive, display, + and sound an alarm for a warning without answering the phone. + These could be built into future telephones. + 170 million Americans now have cellular telephone + service that may be the best way to reach them during the day. + Many have their handsets switched off at night. Cellular + telephones receive their signals from local transmitters so + broadcasting an alert to all cell phones within receiving + distance of a local transmitter is one of the most promising + technologies available currently for warning just the people at + risk. While this technology exists for most types of cell + phones, industry has not been supportive of implementation. + Internet is revolutionizing the way we share + information and programs are available to not only issue email + to a specific region but to push a warning directly onto your + screen and sound an alarm. This technology is most effective + for the 50% of Internet users in the US who are connected to + broadband Internet service typically 24 hours a day. Once a + warning has been issued, people often want more information. + Internet and an 800 number service are excellent sources. + NOAA Weather Radio (NWR) is a government sponsored + service with special receivers owned by up to 11% of the + population. Many of these receivers can turn themselves on to + broadcast a warning and one television manufacturer uses the + NWR signal to turn televisions on to broadcast a warning. Such + technology to turn on and sound a warning can easily be built + into all radio and television receivers when there are widely + accepted national standards.> Numerous other devices typically + carried by people could provide warnings including pagers, + pocket computers, digital wrist watches, and portable music + players. + Automobile navigation systems and On-Star type systems + could relay warnings. + Sirens and digital signs are two of the few ways to + reach people who are outside or at places of public gatherings + and not carrying some type of warning receiver. + All of these types of technologies and many more need to be +integrated into an effective national warning system using the approach +described in my testimony. No one system will be sufficiently +effective. + + Question: 4. We can likely all agree that in times of national +crisis, reliable and timely information is crucial. Most Americans +presently get their emergency information from the antiquated Emergency +Broadcast System. But in the event of a local or regional power +failure, these information sources are mostly unavailable. We should +have the capability to use a quick, accurate and versatile official +communications alternative that can focus in on specific neighborhoods +or cities, or be expanded if necessary to whole regions or the entire +country. Because of this need, I introduced HR 2250, referred to as the +READICALL bill. My bill requires the Secretary of Homeland Security to +use existing resources--just like the present emergency broadcast +system uses existing resources--to create a fast, efficient and +reliable emergency communication system based on the nation's public +telephone system, including cellular phones, on a 24 hour/365 days-a- +year basis. The system could only be activated by order of the +Secretary of Homeland Security, and only to keep the public informed of +imminent or current hazardous events or on measures that should be +taken to alleviate or minimize danger. The aim of this legislation is +to keep our citizens informed in the terrible event that there is a +national, regional or local terrorist emergency and present sources of +communication are not simply available. Minutes can make a huge +difference in an attack or disaster; accurate information pin-pointed +to the affected area can make all the difference. + What are your initial thoughts on such a system? + In theory this seems like an excellent approach. In practice there +are some serious issues: + The primary problem is that the number of telephone calls that a +local telephone switch can handle per minute is severely limited. +Telephone systems are built to handle typical peak traffic loads but +can become overwhelmed even on Mother's Day and especially by computers +trying to dial every number in a region. It is hard to get specific +numbers of calls that could be dialed per minute because industry is +concerned about their liability if the phone system crashes. One +developer of telephone technologies claims they have a new approach +that they tested using a modern switch in a major city and were able to +dial 68,000 numbers every 30 seconds and to deliver a recorded 20 +second message. Others have yet to be convinced that such rates are +achievable. It will take significant testing to establish which +techniques will work best and what rates they could achieve using the +variety of switches currently installed within the US. + A second issue is that most people are not near their wired +telephone for large parts of the day. A third issue relates to people +at work and how calls would be routed to large offices. A fourth issue +is that most modern telephone handsets require power and do not work +during major disasters involving power failures. A fifth issue is that +phone systems are typically overloaded as a major disaster unfolds, +which is why broadcast techniques tend to reach more people without +overloading the infrastructure. + Research and testing of this approach should be pursued. No one +system is the ultimate answer to public warning as discussed above, so +we need to pick a few good ones and push those forward. + 5. What information should the public receive in a warning message? +How tailored or specific should warning messages be in order to be +effective? Do the current warning systems provide enough information +for the public to take appropriate action in response to a disaster, +emergency or act of terrorism? + Public warning delivered with little choice by the recipient, +should be limited to hazards that are life threatening or of major +financial impact. People should have the opportunity to request +warnings for less significant events. + The key characteristics of a public warning are: + A warning is a communication that directs attention to + new information about a hazard or threat for the purpose of + causing focused action that reduces harm. + A warning may alert people to an imminent hazard or + may notify them about a hazardous event that is in progress or + just happened. + A warning should communicate what, where, when, and + how severe the hazard is, how likely the hazard is to occur, + and what action is appropriate. + A warning needs to communicate clearly and succinctly + the risk people face, to motivate them to take specific action, + and to provide guidance as to what that action should be. + The success of a warning is measured by the actions + people take. + Public warning is a public good that is generally + delivered through privately-owned communication networks and + devices. + A warning is basically a terse ``heads up'' alert. A + warning ideally should specify places to get more information. + Current warning systems generally provide sufficient information +but there is room for improvement. The Homeland Security Advisory +System is not a warning system because it does not provide specific, +actionable information. + + Responses From Fank Lucia for Questions From the Hon. Jim Turner, + Ranking Minority Member + + Question: How many states actually have an existing plan to +implement the Emergency Alert System? + According to the February 12, 2003 report of the FCC Media Security +and Reliability Council (MSRC) Working Group, almost all states have +EAS plans on paper but the operational capability varies greatly. There +are very few emergencies that affect an entire state at the same time. +Most emergencies occur at the local level and that is where almost all +EAS activations occur. About 80% of the EAS activations originate from +the National Weather Service (NWS). The activations are received on the +EAS equipment at broadcast stations and cable systems via NOAA Weather +radio (NWR). Each EAS local area has an EAS Local Primary (LP), usually +a high power broadcast station. LPs transmit the EAS message to all of +the other broadcast stations and cable systems in the area. Each +broadcast station and cable system decides if they want to broadcast +the EAS message to their audiences. LPs are identified in EAS plans. + + How many states have designated EAS coordinators to ensure that any +messages that are sent to the Primary entry stations are further +distributed throughout the EAS system nationwide? For example, if a +Presidential Alert had been sent out through the EAS on September 11th, +how confident are you that the Alert would have been distributed +throughout the New York City region? + According to the FCC EAS web site (www.fcc.gov/eb/eas), almost all +of the states have an EAS Chair. These individuals are dedicated +volunteers. It is imperative that the FCC encourages and recognizes +their efforts. They need to receive assistance from the federal +government, even if it is only expense assistance for their EAS +workshops. + As to September 11, the closest Primary Entry Point (PEP) station +to New York City is WABC (AM). Their transmitter is in Lodi, New +Jersey. The President's message would have been broadcast over the WABC +(AM) transmitter if FEMA could have connected with the EAS equipment at +the WABC (AM) transmitter site using the Public Switched Telephone +Network. If the President wanted his message to be sent only to the New +York region, then FEMA would have to successfully implement ad hoc +procedures to selectively activate the EAS equipment at WABC (AM). +Otherwise his message would go out to all 34 PEP stations assuming FEMA +established successful connectivity to them. + In addition to its PEP connection for national EAS messages, WABC +(AM) serves as one of the EAS Local Primary (LP) stations for the New +York City EAS Local Area. Many of the New York City radio and +television broadcast stations and cable systems monitor WABC (AM) on +their EAS equipment. LPs are the disseminators of local EAS messages. +Their importance to the local EAS system is critical. Local emergency +managers need to know about these LP stations and how to request EAS +activation through them. This information is specified in local EAS +plans. The plans need to be developed, maintained, and tested regularly +with local emergency managers. EAS plans need to be a part of a +comprehensive local emergency plan that includes other public +distribution systems such as the Internet, telephones, sirens, private +alerting systems, etc. + There are over 500 EAS local areas. They generally follow radio and +television market boundaries. A best guess is that less than 30% of the +500 local areas have EAS plans, and many of those are 5 years old or +older. + 1. In February of this year, the Partnership for Public Warning +assessed the EAS, and made a number of recommendations for improvement. +In particular, you recommended that DHS take the lead in creating an +effective national public warning capability. + + What organization in DHS should take the lead on updating or +replacing the EAS? Should it remain a ``national security'' based +system, or should it be changed to better address the all- hazards +nature of most warnings? + What roles should the FCC and the National Weather Service play if +DHS is the lead agency for the EAS and other warning systems? + Do you believe legislation is required to clarify responsibility +and accountability for warnings? What would such legislation do? + 1. FEMA and its predecessor agencies had always assisted in the +administration of the old Emergency Broadcast System (EBS) and even +CONELRAD. They administered special programs set up to assist industry +with the development and implementation of warning systems. When EAS +replaced EBS in the mid 1990s, FEMA provided some assistance but +resources slowly dwindled. + Today, the FCC, FEMA, and NWS each have responsibilities to ensure +EAS works properly. The FCC inspects the EAS equipment at broadcast +stations and cable systems. NWS ensures its digital warning messages +over NOAA Weather Radio (NWR) are compatible with EAS equipment. FEMA +provides training and planning aids for state and local emergency +managers. FEMA also funds NAWAS facilities throughout the nation. +NAWAS, NWR and the EAS equipment form the three arms of the federal +warning capabilities at the local level. They need to be integrated +with public and private warning systems at the local level to form +integrated warning systems. + In 1981, the FCC, FEMA, NWS and the FCC National Industry Advisory +Committee (NIAC) signed a Memorandum of Understanding (MOU) to develop +EBS state and local plans. Over 400 local EBS plans were developed in +the late 1970s and early 1980s. The MOU needs to be updated to reflect +the capabilities of EAS. Legislation is needed to require an updated +MOU or some other governmental agreement document to develop EAS local +plans as part of a comprehensive integrated local warning plan. This +would insure the agencies work together and prevent lapses in +cooperation. A copy of the 1981 MOU is attached. It details the +responsibilities of each agency. + 2. The February report also recommended that the Administration +provide the necessary funding and resources to support and operate the +EAS system. + What is the appropriate level of funding to adequately maintain the +current EAS system, and how much funding would be required to +significantly upgrade the system to reach multiple communications modes +and to be regularly utilized for purposes other than ``Presidential +alerts?'' + 2. I believe the 10 million dollars funded to FEMA in FY 2004 to +begin upgrades to warning systems is a good start. Congress needs to +oversee the funding to insure that EAS is being improved not only on +the national level but also at the state and local levels as well. +Additional funding is needed to assess the nation's existing warning +capabilities; correct deficiencies identified in the assessment; +provide equipment and training; develop state and local models of +integrated warning plans; assist states and local areas to develop +integrated plans; schedule planning workshops; assess the performance +of warning plans and assets before, during and after disasters; and +ensure that the plans and personnel training are up to date. + 3. Based on your work, are there any particular technologies that +would be best suited to improving the nation's warning systems? Rep. +Meek, a member of the Full Committee, has introduced legislation that +would implement a landline-based interactive notification system that +would convey national, regional, and local emergency messages via the +public switched telephone network to wire-line telephone subscribers +located in the specific geographic areas affected by emergencies. Would +this type of system be more effective than the current EAS? + 3. Any additional technologies to distribute warnings to the public +are always welcome. But they must fit into the overall integrated +warning plan. Since EAS was established, Internet and cell phone use +have mushroomed. These and other distribution systems need to be +integrated into the warning structure. Emergency managers need to be +trained in how to develop the warning messages that would be +distributed by an integrated interoperable warning system. Such a +system should include EAS, NWR, NAWAS, the Internet, telephone, sirens, +private systems, etc. + 4. We can likely all agree that in times of national crisis, +reliable and timely information is crucial. Most Americans presently +get their emergency information from the antiquated the Emergency +Broadcast System. But in the event of a local or regional power +failure, these information sources are mostly unavailable. We should +have the capability to use a quick, accurate and versatile official +communications alternative that can focus in on specific neighborhoods +or cities, or be expanded if necessary to whole regions or the entire +country. Because of this need, I introduced HR 2250, referred to as the +READICALL bill. My bill requires the Secretary of Homeland Security to +use existing resources--just like the present emergency broadcast +system uses existing resources--to create a fast, efficient and +reliable emergency communication system based on the nation's public +telephone system, including cellular phones, on a 24 hour/365 days-a- +year basis. The system could only be activated by order of the +Secretary of Homeland Security, and only to keep the public informed of +imminent or current hazardous events or on measures that should be +taken to alleviate or minimize danger. The aim of this legislation is +to keep our citizens informed in the terrible event that there is a +national, regional or local terrorist emergency and present sources of +communication are not simply available. Minutes can make a huge +difference in an attack or disaster; accurate information pin-pointed +to the affected area can make all the difference. + What are your initial thoughts on such a system? + Because of their widespread use, cell phones and the Internet +should be part of an integrated warning system. Projects demonstrating +their capabilities should begin immediately. + With respect to system activation by the Secretary of Homeland +Security, presently only the President can activate the national level +EAS. Activation would be through the PEP system using a special code. +Upon receipt of the special code, EAS equipment throughout the nation +would override the programming of radio, television and cable +television for the President's message. The override would occur even +if a state Governor or local official were broadcasting an EAS message. +Whether special code authority should be extended to the Secretary of +Homeland Security is a question for discussion. + Most if not all EAS Local Primary stations have generators for +emergency power. WTOP, Washington, DC is one of the DC EAS Local +Primary stations. These Local Primary stations function well in +disasters, including power outages. During the recent hurricanes and +power outages, portable radios were the primary means of communication +with the public. Part of the problem is that the local EAS systems need +to be part of an integrated local system to reach citizens using other +communications devices such as cell phones and computers. Some of these +devices are capable of reaching very specific areas and even groups of +citizens. It begins at the local level. + 5. What information should the public receive in a warning message? +How tailored or specific should warning messages be in order to be +effective? Do the current warning systems provide enough information +for the public to take appropriate action in response to a disaster, +emergency or act of terrorism? + 5. Citizens at risk need timely and specific instructions. Consumer +devices should have the capability to be programmed by their users for +warning messages they want to receive. It is equally if not more +important that officials with emergency authority have the knowledge +and training to develop effective warning messages and access the +warning systems. + +[GRAPHIC] [TIFF OMITTED] T6275.011 + + [Information is in committee file.] + + + +