[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Pages S3266-S3267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1773. Mr. SCHATZ (for himself and Mr. Thune) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At appropriate place, insert the following:
Subtitle__--READI Act
SEC. _01. SHORT TITLE.
This subtitle may be cited as the ``Reliable Emergency
Alert Distribution Improvement Act of 2020'' or ``READI
Act''.
SEC. _02. DEFINITIONS.
In this subtitle--
(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. _03. 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--
``(i) the President; or
``(ii) 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. _04. 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).
[[Page S3267]]
SEC. _05. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
GUIDANCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and
issue guidance on how State, Tribal, and local governments
can participate in 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) (referred to in
this section as the ``public alert and warning system'')
while maintaining the integrity of the public alert and
warning system, including--
(1) guidance on the categories of public emergencies and
appropriate circumstances that warrant an alert and warning
from State, Tribal, and local governments using the public
alert and warning system;
(2) 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--
(A) the initiation, or prohibition on the initiation, of
alerts by a single authorized or unauthorized individual;
(B) testing a State, Tribal, or local government incident
management and warning tool without accidentally initiating
an alert through the public alert and warning system; and
(C) steps a State, Tribal, or local government official
should take to mitigate the possibility of the issuance of a
false alert through the public alert and warning system;
(3) 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;
(4) the annual training and recertification of emergency
management personnel on requirements for originating and
transmitting an alert through the public alert and warning
system;
(5) 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;
(6) the procedures, protocols, and guidance concerning the
communications that State, Tribal, and local governments
should issue to the public following a false alert issued
under the public alert and warning system;
(7) a plan by which State, Tribal, and local government
officials may, during an emergency, contact each other as
well as Federal officials and participants in the Emergency
Alert System and the Wireless Emergency Alert System, when
appropriate and necessary, by telephone, text message, or
other means of communication regarding an alert that has been
distributed to the public; and
(8) any other procedure the Administrator considers
appropriate for maintaining the integrity of and providing
for public confidence in the public alert and warning system.
(b) Coordination With National Advisory Council Report.--
The Administrator shall ensure that the guidance developed
under subsection (a) do not conflict with recommendations
made for improving the public alert and warning system
provided in the report submitted by the National Advisory
Council under section 2(b)(7)(B) of the Integrated Public
Alert and Warning System Modernization Act of 2015 (Public
Law 114-143; 130 Stat. 332).
(c) Public Consultation.--In developing the guidance under
subsection (a), the Administrator shall ensure appropriate
public consultation and, to the extent practicable,
coordinate the development of the guidance with stakeholders
of the public alert and warning system, including--
(1) appropriate personnel from Federal agencies, including
the National Institute of Standards and Technology, the
Federal Emergency Management Agency, and the Commission;
(2) representatives of State and local governments and
emergency services personnel, who shall be selected from
among individuals nominated by national organizations
representing those governments and personnel;
(3) representatives of federally recognized Indian Tribes
and national Indian organizations;
(4) communications service providers;
(5) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
communications services;
(6) third-party service bureaus;
(7) the national organization representing the licensees
and permittees of noncommercial broadcast television
stations;
(8) technical experts from the broadcasting industry;
(9) educators from the Emergency Management Institute; and
(10) other individuals with technical expertise as the
Administrator determines appropriate.
(d) Inapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the public
consultation with stakeholders under subsection (c).
(e) 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. _06. 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. _07. 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. _08. 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.
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