[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[Senate]
[Pages S4456-S4458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     AUTHENTICATING LOCAL EMERGENCIES AND REAL THREATS ACT OF 2018

  Mr. DAINES. Mr. President, I ask unanimous consent that the Committee 
on Homeland Security and Governmental Affairs be discharged from 
further consideration of S. 2385 and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 2385) to establish best practices for State, 
     tribal, and local governments participating in the Integrated 
     Public Alert and Warning System, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DAINES. Mr. President, I further ask unanimous consent that the 
Schatz amendment, which is at the desk, be considered and agreed to; 
that the bill, as amended, be considered read a third time and passed; 
and that the motion to reconsider be considered made and laid upon the 
table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3212) was agreed to, as follows:

                     (Purpose: To improve the bill)

       Strike section 7(a) and insert the following:
       (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.

  The bill (S. 2385), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 2385

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S4457]]

  


     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;

[[Page S4458]]

       (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.

                          ____________________