[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2385 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 2385

_______________________________________________________________________

                                 AN ACT


 
 To establish best practices for State, tribal, and local governments 
 participating in the Integrated Public Alert and Warning System, 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 ``Authenticating Local Emergencies and 
Real Threats Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the Agency;
            (2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
            (3) the term ``public alert and warning system'' means the 
        integrated public alert and warning system of the United States 
        described in section 526 of the Homeland Security Act of 2002 
        (6 U.S.C. 321o); and
            (4) the term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any 
        possession of the United States.

SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM SUBCOMMITTEE.

    Section 2 of the Integrated Public Alert and Warning System 
Modernization Act of 2015 (Public Law 114-143; 130 Stat. 327) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (6)(B)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) in clause (ii)(VII), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) recommendations for best practices 
                        of State, tribal, and local governments to 
                        follow to maintain the integrity of the public 
                        alert and warning system, including--
                                    ``(I) the procedures for State, 
                                tribal, and local government officials 
                                to authenticate civil emergencies and 
                                initiate, modify, and cancel alerts 
                                transmitted through the public alert 
                                and warning system, including protocols 
                                and technology capabilities for--
                                            ``(aa) the initiation, or 
                                        prohibition on the initiation, 
                                        of alerts by a single 
                                        authorized or unauthorized 
                                        individual; and
                                            ``(bb) testing a State, 
                                        tribal, or local government 
                                        incident management and warning 
                                        tool without accidentally 
                                        initiating an alert through the 
                                        public alert and warning 
                                        system;
                                    ``(II) the standardization, 
                                functionality, and interoperability of 
                                incident management and warning tools 
                                used by State, tribal, and local 
                                governments to notify the public of an 
                                emergency through the public alert and 
                                warning system;
                                    ``(III) the training and 
                                recertification of emergency management 
                                personnel on best practices for 
                                originating and transmitting an alert 
                                through the public alert and warning 
                                system; and
                                    ``(IV) the procedures, protocols, 
                                and guidance concerning the protective 
                                action plans that State, tribal, and 
                                local governments should issue to the 
                                public following an alert issued under 
                                the public alert and warning system.'';
                    (B) in paragraph (7)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``Not later than'' 
                                and inserting the following:
                            ``(i) Initial report.--Not later than'';
                                    (II) in clause (i), as so 
                                designated, by striking ``paragraph 
                                (6)'' and inserting ``clauses (i) and 
                                (ii) of paragraph (6)(B)''; and
                                    (III) by adding at the end the 
                                following:
                            ``(ii) Second report.--Not later than 18 
                        months after the date of enactment of the 
                        Authenticating Local Emergencies and Real 
                        Threats Act of 2018, the Subcommittee shall 
                        submit to the National Advisory Council a 
                        report containing any recommendations required 
                        to be developed under paragraph (6)(B)(iii) for 
                        approval by the National Advisory Council.''; 
                        and
                            (ii) in subparagraph (B), by striking 
                        ``report'' each place that term appears and 
                        inserting ``reports''; and
                    (C) in paragraph (8), by striking ``3'' and 
                inserting ``5''; and
            (2) in subsection (c), by striking ``and 2018'' and 
        inserting ``2018, 2019, 2020, and 2021''.

SEC. 4. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM PARTICIPATORY 
              REQUIREMENTS.

    The Administrator shall--
            (1) consider the recommendations submitted by the 
        Integrated Public Alert and Warning System Subcommittee to the 
        National Advisory Council under section 2(b)(7) of the 
        Integrated Public Alert and Warning System Modernization Act of 
        2015 (Public Law 114-143; 130 Stat. 331), as amended by section 
        3 of this Act; and
            (2) not later than 120 days after the date on which the 
        recommendations described in paragraph (1) are submitted, 
        establish minimum requirements for State, tribal, and local 
        governments to participate in the public alert and warning 
        system consistent with all public notice rules and regulations 
        in law.

SEC. 5. INCIDENT MANAGEMENT AND WARNING TOOL VALIDATION.

    (a) In General.--The Administrator shall establish a process to 
ensure that an incident management and warning tool used by a State, 
tribal, or local government to originate and transmit an alert through 
the public alert and warning system meets the minimum requirements 
established by the Administrator under section 4(2).
    (b) Requirements.--The process required to be established under 
subsection (a) shall include--
            (1) the ability to test an incident management and warning 
        tool in the public alert and warning system lab;
            (2) the ability to certify that an incident management and 
        warning tool complies with the applicable cyber frameworks of 
        the Department of Homeland Security and the National Institute 
        of Standards and Technology;
            (3) a process to certify developers of emergency management 
        software; and
            (4) requiring developers to provide the Administrator with 
        a copy of and rights of use for ongoing testing of each version 
        of incident management and warning tool software before the 
        software is first used by a State, tribal, or local government.

SEC. 6. REVIEW AND UPDATE OF MEMORANDA OF UNDERSTANDING.

    (a) In General.--The Administrator shall review the memoranda of 
understanding between the Agency and State, tribal, and local 
governments with respect to the public alert and warning system to 
ensure that all agreements ensure compliance with any minimum 
requirements established by the Administrator under section 4(2).
    (b) Future Memoranda.--The Administrator shall ensure that any new 
memorandum of understanding entered into between the Agency and a 
State, tribal, or local government on or after the date of enactment of 
this Act with respect to the public alert and warning system ensures 
that the agreement requires compliance with any minimum requirements 
established by the Administrator under section 4(2).

SEC. 7. MISSILE ALERT AND WARNING AUTHORITIES.

    (a) In General.--
            (1) Authority.--Beginning on the date that is 120 days 
        after the date of enactment of this Act, the authority to 
        originate an alert warning the public of a missile launch 
        directed against a State using the public alert and warning 
        system shall reside primarily with the Federal Government.
            (2) Delegation of authority.--The Secretary of Homeland 
        Security may delegate to a State, tribal, or local entity the 
        authority described in paragraph (1), if, not later than 60 
        days after the end of the 120-day period described in paragraph 
        (1), the Secretary of Homeland Security submits a report to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives that--
                    (A) it is not feasible for the Federal Government 
                to alert the public of a missile threat against a 
                State; or
                    (B) it is not in the national security interest of 
                the United States for the Federal Government to alert 
                the public of missile threat against a State.
            (3) Activation of system.--Upon verification of a missile 
        threat, the President, utilizing established authorities, 
        protocols and procedures, may activate the public alert and 
        warning system.
    (b) Required Processes.--The Secretary of Homeland Security, acting 
through the Administrator, shall establish a process to promptly notify 
a State warning point, and any State entities that the Administrator 
determines appropriate, of follow-up actions to a missile launch alert 
so the State may take appropriate action to protect the health, safety, 
and welfare of the residents of the State following the issuance of an 
alert described in subsection (a)(1) for that State.
    (c) Guidance.--The Secretary of Homeland Security, acting through 
the Administrator, shall work with the Governor of a State warning 
point to develop and implement appropriate protective action plans to 
respond to an alert described in subsection (a)(1) for that State.
    (d) Study and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Homeland Security shall--
            (1) examine the feasibility of establishing an alert 
        designation under the public alert and warning system that 
        would be used to alert and warn the public of a missile threat 
        while concurrently alerting a State warning point so that a 
        State may activate related protective action plans; and
            (2) submit a report of the findings under paragraph (1), 
        including of the costs and timeline for taking action to 
        implement an alert designation described in paragraph (1), to--
                    (A) the Subcommittee on Homeland Security of the 
                Committee on Appropriations of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Subcommittee on Homeland Security of the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives.

SEC. 8. AWARENESS OF ALERTS AND WARNINGS.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator shall--
            (1) conduct a review of--
                    (A) the Emergency Operations Center of the Agency; 
                and
                    (B) the National Watch Center and each Regional 
                Watch Center of the Agency; and
            (2) submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives a report on 
        the review conducted under paragraph (1), which shall include--
                    (A) an assessment of the technical capability of 
                the Emergency Operations Center and the National and 
                Regional Watch Centers described in paragraph (1) to be 
                notified of alerts and warnings issued by a State 
                through the public alert and warning system;
                    (B) a determination of which State alerts and 
                warnings the Emergency Operations Center and the 
                National and Regional Watch Centers described in 
                paragraph (1) should be aware of; and
                    (C) recommendations for improving the ability of 
                the National and Regional Watch Centers described in 
                paragraph (1) to receive any State alerts and warnings 
                that the Administrator determines are appropriate.

SEC. 9. TIMELINE FOR COMPLIANCE.

    Each State shall be given a reasonable amount of time to comply 
with any new rules, regulations, or requirements imposed under this Act 
or the amendments made by this Act.

            Passed the Senate June 26, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 2385

_______________________________________________________________________

                                 AN ACT

 To establish best practices for State, tribal, and local governments 
 participating in the Integrated Public Alert and Warning System, and 
                          for other purposes.