[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.
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