[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Pages S7734-S7735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT ACT OF 2018
Mr. CRAPO. Mr. President, I ask unanimous consent that the Commerce,
Science, and Transportation Committee be discharged from further
consideration of S. 3238.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 3238) to improve oversight by the Federal
Communications Commission of the wireless and broadcast
emergency alert systems.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
[[Page S7735]]
Mr. CRAPO. I further ask unanimous consent that the Schatz substitute
amendment at the desk be considered and agreed to; that the bill, as
amended, be 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. 4154) in the nature of a substitute was agreed to,
as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reliable Emergency Alert
Distribution Improvement Act of 2018'' or ``READI Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Emergency Alert System'' means the national
public warning system, the rules for which are set forth in
part 11 of title 47, Code of Federal Regulations (or any
successor regulation); and
(4) the term ``Wireless Emergency Alert System'' means the
wireless national public warning system established under the
Warning, Alert, and Response Network Act (47 U.S.C. 1201 et
seq.), the rules for which are set forth in part 10 of title
47, Code of Federal Regulations (or any successor
regulation).
SEC. 3. WIRELESS EMERGENCY ALERT SYSTEM OFFERINGS.
(a) Amendment.--Section 602(b)(2)(E) of the Warning, Alert,
and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is
amended--
(1) by striking the second and third sentences; and
(2) by striking ``other than an alert issued by the
President.'' and inserting the following: ``other than an
alert issued by--
``(A) the President; or
``(B) the Administrator of the Federal Emergency Management
Agency.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with
the Administrator, shall adopt regulations to implement the
amendment made by subsection (a)(2).
SEC. 4. STATE EMERGENCY ALERT SYSTEM PLANS AND EMERGENCY
COMMUNICATIONS COMMITTEES.
(a) Definitions.--In this section--
(1) the term ``SECC'' means a State Emergency
Communications Committee;
(2) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and any
possession of the United States; and
(3) the term ``State EAS Plan'' means a State Emergency
Alert System Plan.
(b) State Emergency Communications Committee.--Not later
than 180 days after the date of enactment of this Act, the
Commission shall adopt regulations that--
(1) encourage the chief executive of each State--
(A) to establish an SECC if the State does not have an
SECC; or
(B) if the State has an SECC, to review the composition and
governance of the SECC;
(2) provide that--
(A) each SECC, not less frequently than annually, shall--
(i) meet to review and update its State EAS Plan;
(ii) certify to the Commission that the SECC has met as
required under clause (i); and
(iii) submit to the Commission an updated State EAS Plan;
and
(B) not later than 60 days after the date on which the
Commission receives an updated State EAS Plan under
subparagraph (A)(iii), the Commission shall--
(i) approve or disapprove the updated State EAS Plan; and
(ii) notify the chief executive of the State of the
Commission's findings; and
(3) establish a State EAS Plan content checklist for SECCs
to use when reviewing and updating a State EAS Plan for
submission to the Commission under paragraph (2)(A).
(c) Consultation.--The Commission shall consult with the
Administrator regarding the adoption of regulations under
subsection (b)(3).
SEC. 5. EMERGENCY ALERT BEST PRACTICES.
(a) Guidance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop and
issue guidance for State, Tribal, and local governments
regarding policies and procedures relating to emergency
alerts.
(2) Contents.--The guidance developed under paragraph (1)
shall include best practices and recommendations for--
(A) the processes and procedures that a State, Tribal, or
local government official should use to issue an alert that
will use the Emergency Alert System or Wireless Emergency
Alert System, including information about the technology used
to issue such an alert;
(B) steps that a State, Tribal, or local government
official should take to mitigate the possibility of the
issuance of a false alert through the Emergency Alert System
and related emergency alerting systems;
(C) the process that a State, Tribal, or local government
official should adopt to retract a false alert in the case of
the issuance of such an alert;
(D) the annual training of State, Tribal, and local alert
origination staff related to the--
(i) issuance of alerts;
(ii) avoidance of false alerts; and
(iii) retracting of false alerts; and
(E) a plan by which participants in the Emergency Alert
System and the Wireless Emergency Alert System and other
relevant State, Tribal, and local government officials may,
during an emergency, contact each other, as well as Federal
officials, when appropriate and necessary, by telephone, text
message, or other means of communication, regarding an alert
that has been distributed to the public.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed to amend, supplement, or abridge the authority
of the Commission under the Communications Act of 1934 (47
U.S.C. 151 et seq.) or in any other manner give the
Administrator authority over communications service providers
participating in the Emergency Alert System or the Wireless
Emergency Alert System.
SEC. 6. FALSE ALERT REPORTING.
Not later than 180 days after the date of enactment of this
Act, the Commission, in consultation with the Administrator,
shall complete a rulemaking proceeding to establish a system
to receive from the Administrator or State, Tribal, or local
governments reports of false alerts under the Emergency Alert
System or the Wireless Emergency Alert System for the purpose
of recording such false alerts and examining their causes.
SEC. 7. REPEATING EMERGENCY ALERT SYSTEM MESSAGES FOR
NATIONAL SECURITY.
Not later than 180 days after the date of enactment of this
Act, the Commission, in consultation with the Administrator,
shall complete a rulemaking proceeding to modify the
Emergency Alert System to provide for repeating Emergency
Alert System messages while an alert remains pending that is
issued by--
(1) the President;
(2) the Administrator; or
(3) any other entity under specified circumstances as
determined by the Commission, in consultation with the
Administrator.
SEC. 8. INTERNET AND ONLINE STREAMING SERVICES EMERGENCY
ALERT EXAMINATION.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, and after providing public notice and
opportunity for comment, the Commission shall complete an
inquiry to examine the feasibility of updating the Emergency
Alert System to enable or improve alerts to consumers
provided through the internet, including through streaming
services.
(b) Report.--Not later than 90 days after completing the
inquiry under subsection (a), the Commission shall submit a
report on the findings and conclusions of the inquiry to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Energy and Commerce of the House of
Representatives.
The bill (S. 3238), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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