[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1180 Enrolled Bill (ENR)]

        S.1180

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
 To amend the Homeland Security Act of 2002 to direct the Administrator 
 of the Federal Emergency Management Agency to modernize the integrated 
  public alert and warning system of the United States, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Integrated Public Alert and Warning 
System Modernization Act of 2015''.
SEC. 2. 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 the following:
    ``SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
      MODERNIZATION.
    ``(a) In General.--To provide timely and effective warnings 
regarding natural disasters, acts of terrorism, and other man-made 
disasters or threats to public safety, the Administrator shall--
        ``(1) modernize the integrated public alert and warning system 
    of the United States (in this section referred to as the `public 
    alert and warning system') to help ensure that under all conditions 
    the President and, except to the extent the public alert and 
    warning system is in use by the President, Federal agencies and 
    State, tribal, and local governments can alert and warn the 
    civilian population in areas endangered by natural disasters, acts 
    of terrorism, and other man-made disasters or threats to public 
    safety; and
        ``(2) implement the public alert and warning system to 
    disseminate timely and effective warnings regarding natural 
    disasters, acts of terrorism, and other man-made disasters or 
    threats to public safety.
    ``(b) Implementation Requirements.--In carrying out subsection (a), 
the Administrator shall--
        ``(1) establish or adopt, as appropriate, common alerting and 
    warning protocols, standards, terminology, and operating procedures 
    for the public alert and warning system;
        ``(2) include in the public alert and warning system the 
    capability to adapt the distribution and content of communications 
    on the basis of geographic location, risks, and multiple 
    communication systems and technologies, as appropriate and to the 
    extent technically feasible;
        ``(3) include in the public alert and warning system the 
    capability to alert, warn, and provide equivalent information to 
    individuals with disabilities, individuals with access and 
    functional needs, and individuals with limited-English proficiency, 
    to the extent technically feasible;
        ``(4) ensure that training, tests, and exercises are conducted 
    for the public alert and warning system, including by--
            ``(A) incorporating the public alert and warning system 
        into other training and exercise programs of the Department, as 
        appropriate;
            ``(B) establishing and integrating into the National 
        Incident Management System a comprehensive and periodic 
        training program to instruct and educate Federal, State, 
        tribal, and local government officials in the use of the Common 
        Alerting Protocol enabled Emergency Alert System; and
            ``(C) conducting, not less than once every 3 years, 
        periodic nationwide tests of the public alert and warning 
        system;
        ``(5) to the extent practicable, ensure that the public alert 
    and warning system is resilient and secure and can withstand acts 
    of terrorism and other external attacks;
        ``(6) conduct public education efforts so that State, tribal, 
    and local governments, private entities, and the people of the 
    United States reasonably understand the functions of the public 
    alert and warning system and how to access, use, and respond to 
    information from the public alert and warning system through a 
    general market awareness campaign;
        ``(7) consult, coordinate, and cooperate with the appropriate 
    private sector entities and Federal, State, tribal, and local 
    governmental authorities, including the Regional Administrators and 
    emergency response providers;
        ``(8) consult and coordinate with the Federal Communications 
    Commission, taking into account rules and regulations promulgated 
    by the Federal Communications Commission; and
        ``(9) coordinate with and consider the recommendations of the 
    Integrated Public Alert and Warning System Subcommittee established 
    under section 2(b) of the Integrated Public Alert and Warning 
    System Modernization Act of 2015.
    ``(c) System Requirements.--The public alert and warning system 
shall--
        ``(1) to the extent determined appropriate by the 
    Administrator, incorporate multiple communications technologies;
        ``(2) be designed to adapt to, and incorporate, future 
    technologies for communicating directly with the public;
        ``(3) to the extent technically feasible, be designed--
            ``(A) to provide alerts to the largest portion of the 
        affected population feasible, including nonresident visitors 
        and tourists, individuals with disabilities, individuals with 
        access and functional needs, and individuals with limited-
        English proficiency; and
            ``(B) to improve the ability of remote areas to receive 
        alerts;
        ``(4) promote local and regional public and private 
    partnerships to enhance community preparedness and response;
        ``(5) provide redundant alert mechanisms where practicable so 
    as to reach the greatest number of people; and
        ``(6) to the extent feasible, include a mechanism to ensure the 
    protection of individual privacy.
    ``(d) Use of System.--Except to the extent necessary for testing 
the public alert and warning system, the public alert and warning 
system shall not be used to transmit a message that does not relate to 
a natural disaster, act of terrorism, or other man-made disaster or 
threat to public safety.
    ``(e) Performance Reports.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the Integrated Public Alert and Warning System 
    Modernization Act of 2015, and annually thereafter through 2018, 
    the Administrator shall make available on the public website of the 
    Agency a performance report, which shall--
            ``(A) establish performance goals for the implementation of 
        the public alert and warning system by the Agency;
            ``(B) describe the performance of the public alert and 
        warning system, including--
                ``(i) the type of technology used for alerts and 
            warnings issued under the system;
                ``(ii) the measures taken to alert, warn, and provide 
            equivalent information to individuals with disabilities, 
            individuals with access and function needs, and individuals 
            with limited-English proficiency; and
                ``(iii) the training, tests, and exercises performed 
            and the outcomes obtained by the Agency;
            ``(C) identify significant challenges to the effective 
        operation of the public alert and warning system and any plans 
        to address these challenges;
            ``(D) identify other necessary improvements to the system; 
        and
            ``(E) provide an analysis comparing the performance of the 
        public alert and warning system with the performance goals 
        established under subparagraph (A).
        ``(2) Congress.--The Administrator shall submit to the 
    Committee on Homeland Security and Governmental Affairs and the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Transportation and Infrastructure and the 
    Committee on Homeland Security of the House of Representatives each 
    report required under paragraph (1).''.
    (b) Integrated Public Alert and Warning System Subcommittee.--
        (1) Establishment.--Not later than 90 days after the date of 
    enactment of this Act, the Administrator of the Federal Emergency 
    Management Agency (in this subsection referred to as the 
    ``Administrator'') shall establish a subcommittee to the National 
    Advisory Council established under section 508 of the Homeland 
    Security Act of 2002 (6 U.S.C. 318) to be known as the Integrated 
    Public Alert and Warning System Subcommittee (in this subsection 
    referred to as the ``Subcommittee'').
        (2) Membership.--Notwithstanding section 508(c) of the Homeland 
    Security Act of 2002 (6 U.S.C. 318(c)), the Subcommittee shall be 
    composed of the following members (or their designees):
            (A) The Deputy Administrator for Protection and National 
        Preparedness of the Federal Emergency Management Agency.
            (B) The Chairman of the Federal Communications Commission.
            (C) The Administrator of the National Oceanic and 
        Atmospheric Administration of the Department of Commerce.
            (D) The Assistant Secretary for Communications and 
        Information of the Department of Commerce.
            (E) The Under Secretary for Science and Technology of the 
        Department of Homeland Security.
            (F) The Under Secretary for the National Protection and 
        Programs Directorate.
            (G) The Director of Disability Integration and Coordination 
        of the Federal Emergency Management Agency.
            (H) The Chairperson of the National Council on Disability.
            (I) Qualified individuals appointed by the Administrator as 
        soon as practicable after the date of enactment of this Act 
        from among the following:
                (i) Representatives of State and local governments, 
            representatives of emergency management agencies, and 
            representatives of emergency response providers.
                (ii) Representatives from federally recognized Indian 
            tribes and national Indian organizations.
                (iii) Individuals who have the requisite technical 
            knowledge and expertise to serve on the Subcommittee, 
            including representatives of--

                    (I) communications service providers;
                    (II) vendors, developers, and manufacturers of 
                systems, facilities, equipment, and capabilities for 
                the provision of communications services;
                    (III) third-party service bureaus;
                    (IV) the broadcasting industry, including public 
                broadcasting;
                    (V) the commercial mobile radio service industry;
                    (VI) the cable industry;
                    (VII) the satellite industry;
                    (VIII) national organizations representing 
                individuals with disabilities, the blind, deaf, and 
                hearing-loss communities, individuals with access and 
                functional needs, and the elderly;
                    (IX) consumer or privacy advocates; and
                    (X) organizations representing individuals with 
                limited-English proficiency.

                (iv) Qualified representatives of such other 
            stakeholders and interested and affected parties as the 
            Administrator considers appropriate.
        (3) Chairperson.--The Deputy Administrator for Protection and 
    National Preparedness of the Federal Emergency Management Agency 
    shall serve as the Chairperson of the Subcommittee.
        (4) Meetings.--
            (A) Initial meeting.--The initial meeting of the 
        Subcommittee shall take place not later than 120 days after the 
        date of enactment of this Act.
            (B) Other meetings.--After the initial meeting, the 
        Subcommittee shall meet, at least annually, at the call of the 
        Chairperson.
        (5) Consultation with nonmembers.--The Subcommittee and the 
    program offices for the integrated public alert and warning system 
    for the United States shall consult with individuals and entities 
    that are not represented on the Subcommittee to consider new and 
    developing technologies that may be beneficial to the public alert 
    and warning system, including--
            (A) the Defense Advanced Research Projects Agency;
            (B) entities engaged in federally funded research; and
            (C) academic institutions engaged in relevant work and 
        research.
        (6) Recommendations.--The Subcommittee shall--
            (A) develop recommendations for an integrated public alert 
        and warning system; and
            (B) in developing the recommendations under subparagraph 
        (A), consider--
                (i) recommendations for common alerting and warning 
            protocols, standards, terminology, and operating procedures 
            for the public alert and warning system; and
                (ii) recommendations to provide for a public alert and 
            warning system that--

                    (I) has the capability to adapt the distribution 
                and content of communications on the basis of 
                geographic location, risks, or personal user 
                preferences, as appropriate;
                    (II) has the capability to alert and warn 
                individuals with disabilities and individuals with 
                limited-English proficiency;
                    (III) to the extent appropriate, incorporates 
                multiple communications technologies;
                    (IV) is designed to adapt to, and incorporate, 
                future technologies for communicating directly with the 
                public;
                    (V) is designed to provide alerts to the largest 
                portion of the affected population feasible, including 
                nonresident visitors and tourists, and improve the 
                ability of remote areas to receive alerts;
                    (VI) promotes local and regional public and private 
                partnerships to enhance community preparedness and 
                response; and
                    (VII) provides redundant alert mechanisms, if 
                practicable, to reach the greatest number of people 
                regardless of whether they have access to, or use, any 
                specific medium of communication or any particular 
                device.

        (7) Report.--
            (A) Subcommittee submission.--Not later than 1 year after 
        the date of enactment of this Act, the Subcommittee shall 
        submit to the National Advisory Council a report containing any 
        recommendations required to be developed under paragraph (6) 
        for approval by the National Advisory Council.
            (B) Submission by national advisory council.--If the 
        National Advisory Council approves the recommendations 
        contained in the report submitted under subparagraph (A), the 
        National Advisory Council shall submit the report to--
                (i) the head of each agency represented on the 
            Subcommittee;
                (ii) the Committee on Homeland Security and 
            Governmental Affairs and the Committee on Commerce, 
            Science, and Transportation of the Senate; and
                (iii) the Committee on Homeland Security and the 
            Committee on Transportation and Infrastructure of the House 
            of Representatives.
        (8) Termination.--The Subcommittee shall terminate not later 
    than 3 years after the date of enactment of this Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act and the amendments made by this Act 
such sums as may be necessary for each of fiscal years 2016, 2017, and 
2018.
    (d) Limitations on Statutory Construction.--
        (1) Definition.--In this subsection, the term ``participating 
    commercial mobile service provider'' has the meaning given that 
    term under section 10.10(f) of title 47, Code of Federal 
    Regulations, as in effect on the date of enactment of this Act.
        (2) Limitations.--Nothing in this Act, including an amendment 
    made by this Act, shall be construed--
            (A) to affect any authority--
                (i) of the Department of Commerce;
                (ii) of the Federal Communications Commission; or
                (iii) provided under the Robert T. Stafford Disaster 
            Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
            seq.);
            (B) to provide the Secretary of Homeland Security with 
        authority to require any action by the Department of Commerce, 
        the Federal Communications Commission, or any nongovernmental 
        entity;
            (C) to apply to, or to provide the Administrator of the 
        Federal Emergency Management Agency with authority over, any 
        participating commercial mobile service provider;
            (D) to alter in any way the wireless emergency alerts 
        service established under the Warning, Alert, and Response 
        Network Act (47 U.S.C. 1201 et seq.) or any related orders 
        issued by the Federal Communications Commission after October 
        13, 2006; or
            (E) to provide the Federal Emergency Management Agency with 
        authority to require a State or local jurisdiction to use the 
        integrated public alert and warning system of the United 
        States.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.