text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Alerting Lives through Effective and 
  Reliable Technological Systems Act of 2008'' or the ``ALERTS Act of 
  2008''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) numerous proven and tested technologies exist to enable 
          the Federal Government to enhance its public alert and warning 
          system;
              (2) the expected benefits of these enhancements include--
                      (A) greater security, reliability, and redundancy 
                  of the system;
                      (B) rapid alert dissemination;
                      (C) an improved ability to notify remote locations;
                      (D) the ability to geographically target and 
                  deliver alerts and warnings to multiple devices; and
                      (E) the ability to permit State homeland security 
                  grants to be utilized for the purposes of modernizing 
                  public alert and warning systems;
              (3) there is a need to test the viability of delivering 
          messages through diverse communications modes to effectively 
          alert and warn the public;
              (4) there is a need to modernize and improve the ability of 
          the Federal Government to provide residents of the United 
          States with timely and effective warnings;
              (5) although significant Federal integration efforts are 
          underway, the aggregation, dissemination, and reporting system 
          necessary for effective public alert and warning will require 
          an integrated national network for reliable, secure, and 
          authentic dissemination of emergency alerts and warnings to and 
          from all Federal, State, local, and tribal entities that alert 
          the public when appropriate.
  
  SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
  
      (a) In General.--Title V of the Homeland Security Act of 2002 (6 
  U.S.C. 311 et seq.) is amended by adding at the end of the following 
  new section:
  
  ``SEC. 525. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
                MODERNIZATION.
  
      ``(a) In General.--In order to provide timely and effective 
  warnings and disseminate homeland security and other information, the 
  Secretary shall--
              ``(1) establish a national integrated public alert and 
          warning system (in this section referred to as `the system') 
          not later than two years after the date of the enactment of 
          this section; and
              ``(2) designate an agency within the Department to receive, 
          aggregate, validate, and authenticate homeland security and 
          other information originated by authorized Federal, State, 
          local, and tribal governments to facilitate the transmission of 
          the Commercial Mobile Alert System.
      ``(b) Implementation Requirements.--In carrying out subsection (a), 
  the Secretary shall--
              ``(1) establish, as appropriate, common alerting and 
          warning protocols, standards of performance, and terminology 
          for the system established under subsection (a)(1) by adopting, 
          where appropriate, mechanisms that integrate various approaches 
          developed by key stakeholders;
              ``(2) include in the system the capability to adapt the 
          dissemination of homeland security and other information and 
          the content of communications on the basis of geographic 
          location, risks, or user preferences, as appropriate;
              ``(3) include in the system the capability to alert and 
          warn populations with special needs;
              ``(4) ensure that the system is incorporated into the 
          training and exercise programs of the Department; and
              ``(5) coordinate, to the extent practicable, with other 
          Federal agencies and departments and with State, local, and 
          tribal governments, and other key stakeholders to leverage 
          existing alert and warning capabilities.
      ``(c) System Requirements.--The Secretary shall ensure that the 
  system--
              ``(1) incorporates redundant and diverse modes to 
          disseminate homeland security and other information in warning 
          messages to the public so as to reach the greatest number of 
          individuals;
              ``(2) can be adapted to incorporate future technologies;
              ``(3) is resilient, secure, and can withstand acts of 
          terrorism and other external attacks;
              ``(4) delivers alerts to populations in remote areas; and
              ``(5) promotes State, local, tribal, and regional 
          partnerships to enhance coordination.
      ``(d) Report.--Not later than one year after the date on which the 
  system established under subsection (a) is fully functional and every 
  six months thereafter, the Secretary shall submit to the Committee on 
  Homeland Security of the House of Representatives and the Committee on 
  Homeland Security and Governmental Affairs of the Senate, a report on 
  the functionality and performance of the integrated public alert and 
  warning system, including--
              ``(1) an assessment of the accomplishments and deficiencies 
          of the system;
              ``(2) recommendations for improvements to the system;
              ``(3) information on the feasibility and effectiveness of 
          disseminating homeland security and other information, notices, 
          and alerts prior to and following an incident requiring use of 
          the system.
      ``(e) Commercial Mobile Alert System Pilot Program.--
              ``(1) In general.--Not later than three months after the 
          date of the enactment of this section, the Secretary shall 
          develop within the integrated public alert and warning system 
          the commercial mobile alert system to provide rapid 
          dissemination of homeland security and other information over 
          commercial mobile devices and conduct a pilot program for the 
          purpose of increasing the reach of the integrated public alert 
          and warning system.
              ``(2) Scope.--The Secretary shall select at least five 
          States to participate in the pilot program. The Secretary shall 
          ensure the participation of States that represent a geographic 
          (including urban and rural) cross-section of the United States 
          and that vary in risk to acts of terrorism.
              ``(3) Termination.--The authority to carry out a pilot 
          program under this section shall terminate on the date that is 
          six months after the date of the commencement of the pilot 
          program.
              ``(4) Report.--Not later than three months after the 
          termination of the pilot program, the Secretary shall submit to 
          the Committee on Homeland Security of the House of 
          Representatives and the Committee on Homeland Security and 
          Governmental Affairs of the Senate a report containing--
                      ``(A) a description and assessment of the 
                  effectiveness of the pilot program;
                      ``(B) any findings and conclusions of the Secretary 
                  with respect to the pilot program; and
                      ``(C) any recommendations for improvements to the 
                  commercial mobile alert system.
      ``(f) Authorization of Appropriations.--There is authorized to be 
  appropriated to the Secretary to carry out this section $37,000,000 for 
  fiscal year 2009 and such sums as may be necessary for each fiscal year 
  thereafter.''.
      (b) Limitation on Statutory Construction.--Nothing in this Act 
  (including the amendment made by this Act) shall be construed to affect 
  the authority of the Department of Commerce, the Federal Communications 
  Commission, or the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act.
      (c) Homeland Security Grants.--Section 2008(a) of the Implementing 
  Recommendations of the
  9/11 Commission Act of 2007 (Public Law 110-53) is amended--
              (1) in paragraph (12), by striking ``and'' at the end;
              (2) by redesignating paragraph (13) as paragraph (14); and
              (3) by inserting after paragraph (12) the following new 
          paragraph:
              ``(13) permitting State, local, and tribal governments to 
          improve public alert and warning capabilities; and''.
      (d) Criminal Acts.--It shall be unlawful to tamper or interfere 
  with components of the system that are used or designed to deliver 
  alerts and warnings that were purchased with public funds, including 
  homeland security grants. A violation of section 525 of the Homeland 
  Security Act of 2002 (as added by section 3 of this Act) shall be 
  punishable by a fine of not more than $10,000, imprisonment for not 
  more than ten years, or both.
target: Alerting Lives through Effective and Reliable Technological Systems Act of 2008 or ALERTS Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) establish a national integrated public alert and warning system; (2) develop within such system a commercial mobile alert system to provide rapid dissemination of information over commercial mobile devices; and (3) designate an agency within the Department of Homeland Security (DHS) to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized federal, state, local, and tribal governments to facilitate the transmission of such mobile alert system.
  
  Requires the Secretary to: (1) establish common alerting and warning protocols, standards of performance, and terminology; (2) include the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or user preferences and to alert special needs populations; (3) ensure that the national warning system is incorporated into DHS training and exercise programs; and (4) coordinate with other federal agencies, state, local, and tribal governments, and key stakeholders.
  
  Directs the Secretary to conduct a pilot program to increase the national warning system's reach.
  
  Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to authorize the use of grant funds to permit state, local, and tribal governments to improve public alert and warning capabilities.
  
  Prohibits tampering or interfering with components of the national warning system that are used or designed to deliver alerts and warnings and that were purchased with public funds.
feat_title: To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate an agency within the Department of Homeland Security to modernize the integrated public alert and warning system of the United States to disseminate homeland security and other information, and for other purposes.