[Senate Report 116-240]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 492
_______________________________________________________________________

116th Congress }                                              { Report
                              SENATE
 2d Session    }                                              { 116-240              
_______________________________________________________________________




     RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT ACT OF 2019

                               __________

                              R E P O R T

                                OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                 ON

                              S. 2693
                              

           [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 July 21, 2020.--Ordered to be printed
                 
                 
                              __________

              U.S. GOVERNMENT PUBLISHING OFFICE                 

99-010               WASHINGTON : 2020                 
                 
                 
                 
                 
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
       
                   ONE HUNDRED SIXTEENTH CONGRESS
                   
                            SECOND SESSION

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director




                                                       Calendar No. 492
116th Congress }                                            { Report
                                 SENATE
 2d Session    }                                            { 116-240

======================================================================



 
     RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT ACT OF 2019

                                _______
                                

                 July 21, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2693]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2693) to improve oversight by 
the Federal Communications Commission of the wireless and 
broadcast emergency alert systems, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    S. 2693 would clarify the types of emergency alerts that 
must be received by all wireless subscribers, and adopt new 
mechanisms and guidelines that would improve the distribution 
of emergency alerts. It also would direct the Federal 
Communications Commission (FCC) to explore the sending of 
alerts over new communications mediums, and improve the 
tracking of false alerts.

                          Background and Needs

    The National Public Warning System provides essential 
information to the public in times of danger. The current 
public warning system includes the following components:\1\
---------------------------------------------------------------------------
    \1\FCC, Public Safety and Homeland Security Bureau, ``A Guide to 
the Emergency Alert System (EAS) and Wireless Emergency Alert (WEA) 
System,'' Jul. 25, 2018 (https://www.fcc.gov/files/
emergencyalertingpresentation7252018pptx) (accessed Apr. 14, 2020).
---------------------------------------------------------------------------
   Alert Originators.--The entities that initiate 
        public alerts; they include the President of the United 
        States, along with other Federal, State, and local 
        authorities.
   Alert Gateway.--The current public alert gateway is 
        known as the Integrated Public Alert and Warning System 
        (IPAWS); IPAWS serves as the gateway between alert 
        originators and the alert distribution systems and is 
        overseen by the Department of Homeland Security's 
        Federal Emergency Management Agency (FEMA).
   Alert Disseminators.--The Emergency Alert System 
        (EAS) and Wireless Emergency Alerts (WEA) system 
        distribute public alerts to American citizens; both 
        systems primarily are overseen by the FCC.
    The purpose of the EAS is to ``provide the President with 
the capability to provide immediate communications and 
information to the general public at the national, State, and 
local area levels during periods of national emergency.''\2\ 
These alerts are provided via radio and television broadcast 
stations, cable systems, wireline video systems, wireless cable 
systems, direct broadcast satellite service providers, and 
digital audio radio service providers.\3\ The public may 
recognize EAS alerts through an 8-second, two-tone audio 
signal, formally called the EAS Attention Signal.
---------------------------------------------------------------------------
    \2\47 CFR 11.11(a).
    \3\47 CFR 11.11(a).
---------------------------------------------------------------------------
    The technical parameters for EAS participation, along with 
the procedures for EAS participation, are issued by the FCC, 
though FEMA and the National Weather Service also play a role 
in overseeing the system.\4\ Effective distribution of EAS 
messages, however, requires coordination at the State and local 
level, in part to determine how each EAS entity will receive 
and redistribute alert information.\5\ This EAS message 
distribution architecture is maintained and administered in 
each State by State Emergency Communication Committees (SECCs), 
non-governmental voluntary groups usually comprised of 
representatives of broadcasters and other EAS participants 
(such as cable television service providers), and, 
occasionally, representatives of State and local government.\6\ 
EAS participation is technically voluntary, yet virtually all 
radio and television stations participate.\7\ Broadcasters note 
many advantages of this system, including that alerts can be 
localized and can provide market-specific information. The 
system also eliminates potential bottlenecks by enabling 
broadcasters to reach millions of people simultaneously without 
concern over network congestion; and it provides redundancy to 
numerous independently operated stations in each market that 
deliver alerts.\8\
---------------------------------------------------------------------------
    \4\FCC, EAS (https://www.fcc.gov/general/emergency-alert-system-
eas-0) (accessed Apr. 14, 2020).
    \5\This process is known as the alert daisy chain. Alerts are 
initiated via IPAWS and begin traveling through the EAS system at 
primary alert entry points (which can vary by alert type and the 
geolocation of the alert area). The primary alert entry point then 
distributes the alert to other EAS participants in the chain. The EAS 
participants then distribute the alert to the general public.
    \6\FCC, Report and Recommendations, Hawaii Emergency Management 
Agency January 13, 2018 False Alert, Apr. 5, 2018, at para 10 (https://
docs.fcc.gov/public/attachments/DOC-350119A1.pdf) (accessed Apr. 14, 
2020).
    \7\This Is Not a Drill: An Examination of Emergency Alert Systems: 
Hearing Before the Committee on Commerce, Science, and Transportation, 
U.S. Senate, 115th Cong. 25 (Jan. 25, 2018) (prepared statement of Sam 
Matheny, chief technology officer, National Association of 
Broadcasters) (https://www.govinfo.gov/content/pkg/CHRG-115shrg37299/
pdf/CHRG-115shrg37299.pdf) (accessed Apr. 14, 2020).
    \8\Id.
---------------------------------------------------------------------------
    The WEA system, created by the Warning, Alert, and Response 
Network (WARN) Act,\9\ allows authorized alert originators to 
send geographically targeted emergency alerts to wireless 
devices of consumers whose wireless providers have elected to 
participate in WEA. Alerts appear like text messages on 
wireless devices.\10\ Wireless providers may elect to 
participate in WEA within their entire service area, or in 
parts of it.\11\ The customers of wireless providers that 
participate in WEA may opt-out of receiving all WEA messages 
other than Presidential alerts.\12\ Participation in WEA also 
requires wireless providers to comply with certain technical 
and operational requirements established by the FCC. Today, all 
four national wireless providers and dozens of regional 
providers, serving more than 99 percent of all U.S. 
subscribers, are voluntarily participating in the WEA 
system.\13\
---------------------------------------------------------------------------
    \9\Warning, Alert and Response Network (WARN) Act, Title VI of the 
Security and Accountability For Every Port Act of 2006, 120 Stat. 1884, 
codified at 47 U.S.C. 1200, et seq. (2006).
    \10\FCC, Wireless Emergency Alerts (https://www.fcc.gov/public-
safety-and-homeland-
security/policy-and-licensing-division/alerting/general/wireless#block-
menu-block-4) (accessed Apr. 14, 2020).
    \11\See 47 CFR 10.10(f), 10.240. The FCC requires providers that 
only transit alerts in part of their service area to notify subscribers 
of that limitation at the point of sale. 47 CFR 10.240(c).
    \12\See 47 CFR 10.280(a).
    \13\This Is Not a Drill: An Examination of Emergency Alert Systems: 
Hearing Before the Committee on Commerce, Science, and Transportation, 
U.S. Senate, 115th Cong. 10 (Jan. 25, 2018) (prepared statement of 
Scott Bergmann, senior vice president, Regulatory Affairs, CTIA) 
(https://www.govinfo.gov/content/pkg/CHRG-115shrg37299/pdf/CHRG-
115shrg37299.pdf); Wireless Emergency Alerts, Order on Reconsideration, 
PS Docket Nos. 15-91, 15-94, 32 FCC Rcd 9621, 9625 n.28 (2017).
---------------------------------------------------------------------------
    However, recent errors in the administration of the 
national public alerting systems have threatened the integrity 
and public trust in the systems. On January 13, 2018, Hawaii 
residents received a false emergency alert through both EAS and 
WEA issued by the Hawaii Emergency Management Agency warning of 
an incoming ballistic missile.\14\ False emergency alerts like 
this threaten the credibility of emergency alert messaging and 
Americans' response to such alerts, which could be catastrophic 
in the event of a real emergency.\15\
---------------------------------------------------------------------------
    \14\Amy B. Wang, ``Hawaii Missile Alert: How One Employee `Pushed 
The Wrong Button' and Caused a Wave of Panic,'' Washington Post, Jan. 
14, 2018 (https://www.washingtonpost.com/news/post-nation/wp/2018/01/
14/hawaii-missile-alert-how-one-employee-pushed-the-wrong-button-and-
caused-a-wave-of-panic/) (accessed Apr. 14, 2020).
    \15\This Is Not a Drill: An Examination of Emergency Alert Systems: 
Hearing Before the Committee on Commerce, Science, and Transportation, 
U.S. Senate, 115th Cong. 6-7 (Jan. 25, 2018) (prepared statement of 
Lisa M. Fowlkes, Chief, Public Safety and Homeland Security Bureau, 
Federal Communications Commission) (https://www.govinfo.gov/content/
pkg/CHRG-115shrg37299/pdf/CHRG-115shrg37299.pdf). See also ``[W]e lose 
the effectiveness of emergency alerting if people simply ignore or opt-
out of receiving these critical messages.'' This Is Not a Drill: An 
Examination of Emergency Alert Systems: Hearing Before the Committee on 
Commerce, Science, and Transportation, U.S. Senate, 115th Cong. 10 
(Jan. 25, 2018) (prepared statement of Scott Bergmann, senior vice 
president, Regulatory Affairs, CTIA) (https://www.govinfo.gov/content/
pkg/CHRG-115shrg37299/pdf/CHRG-115shrg37299.pdf).
---------------------------------------------------------------------------
    The Hawaii false alert revealed a number of flaws with the 
public warning systems. First, it revealed issues related to 
alert origination and the interaction of alert originators with 
IPAWS. Those issues have been addressed by related 
legislation.\16\
---------------------------------------------------------------------------
    \16\See Authenticating Local Emergencies and Real Threats (ALERT) 
Act of 2018, S. 2385 (115th Cong.), passed as modified as section 1756 
of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 
116-92).
---------------------------------------------------------------------------
    The after-action reviews of the Hawaii false alert also 
revealed other concerns about EAS and WEA.\17\ For example, 
they revealed a need to standardize operating procedures 
related to IPAWS and State EAS Plans to ensure consistency. As 
a result, S. 2693 would direct both the FCC and FEMA to develop 
new tools to restore that consistency, including more detailed 
FCC reviews of State EAS Plans (which now would be updated on a 
yearly basis), and new FEMA guidance to assist alert 
originators in the proper use of IPAWS to distribute alerts 
over EAS and WEA. Separately, many stakeholders noted that the 
FCC lacked a systematic way to track false alerts and that the 
agency did not have a checklist in place to make sure that it 
did a thorough review of State EAS Plans. In addition, the 
current EAS and WEA systems have been criticized for: (1) 
allowing wireless consumers to block FEMA-issued alerts while 
Presidential alerts cannot be blocked; (2) for not repeating 
certain alerts distributed over EAS; and (3) for not issuing 
EAS alerts over the internet. In all three cases, stakeholders 
are concerned that certain key alerts would be missed by some 
or all of the population without updates to the EAS and WEA 
rules. S. 2693 would address these shortcomings.
---------------------------------------------------------------------------
    \17\FCC, Report and Recommendations, Hawaii Emergency Management 
Agency January 13, 2018 False Alert, Apr. 5, 2018, at para 40 (https://
docs.fcc.gov/public/attachments/DOC-350119A1.pdf) (accessed Apr. 14, 
2020).
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 2693 would ensure the integrity and reliability of 
public alerts by:
   Prohibiting commercial mobile service licensees from 
        offering wireless subscribers the ability to opt-out of 
        emergency alerts issued by FEMA, consistent with those 
        issued by the President of the United States.
   Encouraging States to establish SECCs, if they have 
        not done so already, and to review the membership of 
        existing SECCs.
   Directing States to review their State EAS Plans 
        yearly, and submitting any changes to the FCC for 
        review.
   Requiring the FCC to create a process for reviewing 
        State EAS Plans.
   Requiring FEMA to issue guidance on how State, 
        Tribal, and local governments can more effectively 
        participate in IPAWS.
   Directing the FCC to require reporting of false 
        alerts, to develop rules for repeating certain EAS 
        messages, and to examine the feasibility of providing 
        EAS alerts through the internet.

                          Legislative History

    S. 2693 was introduced on October 24, 2019, by Senator 
Schatz (for himself and Senator Thune) and was referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. Senator Tester is an additional cosponsor. On November 
13, 2019, the Committee met in open Executive Session and, by 
voice vote, ordered S. 2693 reported favorably without 
amendment.
    During the 115th Congress, Senator Schatz introduced S. 
3238, the Reliable Emergency Alert Distribution Improvement Act 
of 2018. Senator Thune was an original cosponsor of that bill, 
and Senator Wicker was a cosponsor. On December 17, 2018, S. 
3238 was discharged from the Committee by unanimous consent. 
That same day, S. 3238 passed the Senate by unanimous consent, 
with an amendment (in the nature of a substitute).

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office: 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 2693 would require the Federal Communications Commission 
(FCC), in consultation with the Federal Emergency Management 
Agency (FEMA), to adopt regulations to:
           Ensure subscribers to commercial mobile 
        services receive emergency alerts from FEMA,
           Require State Emergency Communication 
        Committees (SECCs) to review and update their Emergency 
        Alert System (EAS) plans each year and submit those 
        plans to the FCC for approval,
           Establish a system to collect false alert 
        reports under the EAS or Wireless Emergency Alert 
        System, and
           Modify the EAS to allow repeating messages 
        from the President or FEMA while an emergency persists.
    S. 2693 also would require the FCC to study the feasibility 
of providing EAS alerts through internet-based applications. 
Finally, the bill would require FEMA to issue guidance on how 
state, local, and tribal governments can participate in the 
Integrated Public Alert and Warning System.
    CBO assumes that S. 2693 will be enacted in fiscal year 
2020. Using information from the affected agencies, CBO 
estimates that it would cost the FCC $2 million over the 2020-
2025 period to implement the bill. However, because the FCC is 
authorized to collect fees each year sufficient to offset the 
appropriated costs of its regulatory activities, CBO estimates 
that the net cost to the FCC would be negligible, assuming 
appropriation actions consistent with that authority. CBO also 
estimates that it would cost FEMA $1 million over the 2020-2021 
period to assist the FCC with rulemaking and to develop the 
required guidance, subject to the availability of appropriated 
funds.
    The bill contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
CBO estimates that the aggregate cost of the intergovernmental 
and private-sector mandates would fall below the UMRA 
thresholds ($84 and $168 million in 2020, respectively, 
adjusted annually for inflation).
    Providers of commercial mobile services would be prohibited 
from allowing consumers to decline emergency alerts sent to 
their mobile device as issued by FEMA. That prohibition would 
impose a private-sector mandate. Providers of commercial mobile 
services currently offer the ability to decline emergency 
alerts from FEMA as an additional service to their customers; 
CBO expects the cost to eliminate that service would be small.
    If the FCC increases annual fee collections to offset the 
costs of implementing provisions in the bill, S. 2693 would 
increase the cost of an existing private-sector mandate on 
entities required to pay those fees. Using information from the 
FCC, CBO estimates that the incremental cost of the mandate 
would be small.
    The bill would require SECCs to meet annually to review and 
update their state's EAS Plan. Each SECC also would be required 
to verify their meeting with the FCC. Requirements on SECCs 
would impose an intergovernmental and private-sector mandate 
because SECCs are overseen by and composed of individuals in 
the public and private sectors. Because most SECCs currently 
meet at least annually to amend their state's EAS plans, the 
incremental cost of the mandate would be small.
    The CBO staff contacts for this estimate are David Hughes 
(for the FCC), Jon Sperl (for FEMA), and Rachel Austin (for 
mandates). The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 2693 would direct the FCC and FEMA to take certain 
actions to improve their oversight of the Nation's public 
alerting systems. In most respects, the entities regulated by 
these agencies under the bill are the same as under current 
law. The bill would, however, direct the FCC to examine the 
feasibility of distributing emergency alerts through the 
internet, including streaming internet services. These services 
are not traditionally within the jurisdiction of the FCC.

                            economic impact

    S. 2693 is not expected to have an adverse impact on the 
Nation's economy.

                                privacy

    S. 2693 is not expected to have an adverse impact on the 
personal privacy of individuals.

                               paperwork

    S. 2693 would not increase paperwork requirements for 
private individuals or businesses. S. 2693 would encourage 
States to create SECCs, to the extent that those do not already 
exist. It also would direct those SECCs to prepare yearly 
updates to the State EAS Plan of their State for submission to 
the FCC for review. In order to facilitate that review, the FCC 
must prepare a content checklist for SECCs to use when 
reviewing and updating the State EAS Plan. This yearly update 
process does not exist under current law, and likely will 
require SECCs to generate additional paperwork to ensure full 
compliance.
    In addition, S. 2693 would direct FEMA to prepare new 
guidance for State, Tribal, and local governments related to 
their participation in the IPAWS. That guidance must be 
developed in conjunction with a public consultation process 
that includes FEMA coordinating with a number of named 
stakeholders.
    Finally, S. 2693 would increase paperwork related to the 
FCC. First, it directs the FCC to create a new process by which 
users of the IPAWS would submit notifications to the FCC 
related to the issuance of false emergency alerts. In addition, 
the FCC must prepare a report to Congress related to its 
findings on the feasibility of issuing emergency alerts through 
the internet, including via streaming services.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section would provide the short title of the bill, the 
``Reliable Emergency Alert Distribution Improvement Act of 
2019'' or ``READI Act''.

Section 2. Definitions.

    This section would define four terms used throughout the 
bill, including ``Emergency Alert System'' and ``Wireless 
Emergency Alert System''.

Section 3. Wireless Emergency Alert System offerings.

    This section would amend section 602(b)(2)(E) of the 
Warning, Alert, and Response Network Act by: (1) including new 
language prohibiting a commercial mobile service licensee from 
offering subscribers the capability to opt-out of receiving 
wireless emergency alerts from FEMA (currently, subscribers are 
only prohibited from opting-out of alerts issued by the 
President); and (2) striking a requirement that the FCC review 
whether such licensees should be able to allow subscribers to 
opt-out of other wireless alerts. The FCC would be directed to 
adopt regulations, in consultation with FEMA, to implement this 
requirement within 180 days of enactment.

Section 4. State Emergency Alert System Plans and Emergency 
        Communications Committees.

    Subsection (a) of this section would define three key terms 
used throughout the section, including ``SECC'' (defined to 
mean a State Emergency Communications Committee) and ``State 
EAS Plan'' (defined to mean a State Emergency Alert System 
Plan).
    Subsection (b) of this section would direct the FCC to 
adopt regulations within 180 days of enactment to do the 
following:
   Encourage the chief executive of each State to 
        establish an SECC, if it has not done so already; or if 
        the State has an SECC, to review the composition and 
        governance of that SECC;
   Provide that each SECC meet, review, and update its 
        State EAS Plan not less than annually, certify to the 
        Commission that it has met as required, and submit to 
        the Commission an updated plan;
   Direct the Commission to approve or disapprove of 
        the updated State EAS Plan within 60 days of submission 
        and notify the State of its findings; and
   Establish a State EAS Plan content checklist for use 
        during the review process.
    Subsection (c) of this section directs the FCC to consult 
with the FEMA Administrator on the development of the State EAS 
Plan content checklist.

Section 5. Integrated public alert and warning systems guidance.

    Subsection (a) of this section would require FEMA to 
develop and issue guidance within 1 year of enactment on how 
State, Tribal, and local governments can participate in the 
integrated public alert and warning system (system) of the 
United States, while maintaining the integrity of the system. 
This guidance must include the following:
   Guidance on the categories of public emergencies and 
        appropriate circumstances that warrant an alert through 
        the system;
   Procedures to authenticate civil emergencies and 
        initiate, modify, and cancel alerts through the system, 
        including protocols and technology capabilities for:
     The initiation, or prohibition on the initiation, 
            of alerts by a single authorized or unauthorized 
            individual;
     Testing a State, Tribal, or local government 
            incident management and warning tool without 
            accidentally initiating an alert through the 
            system; and
     Steps a State, Tribal, or local government 
            official should take to mitigate the possibility of 
            the issuance of a false alert through the system;
   The standardization, functionality, and 
        interoperability of incident management and warning 
        tools to notify the public of an emergency through the 
        system;
   The annual training and recertification of emergency 
        management personnel on requirements for originating 
        and transmitting alerts through the system;
   The procedures, protocols, and guidance concerning 
        the protective action plans that such governments 
        should issue to the public following an alert through 
        the system;
   The procedures, protocols, and guidance concerning 
        the communications that such governments should issue 
        to the public following a false alert through the 
        system;
   A plan by which such governments may contact each 
        other, Federal officials and participants in the 
        relevant emergency alert systems during an emergency 
        regarding an alert through the system; and
   Other procedures the FEMA Administrator considers 
        appropriate for maintaining the integrity of and 
        providing for public confidence in the system.
    Subsection (b) of this section would require FEMA to ensure 
that the guidance developed under subsection (a) does not 
conflict with recommendations made for improving the system 
provided in the report submitted by the National Advisory 
Council created by the Integrated Public Alert and Warning 
System Modernization Act of 2015.\18\
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    \18\Public Law 114-143.
---------------------------------------------------------------------------
    Subsection (c) of this section would direct FEMA to ensure 
appropriate public consultation and, to the extent practicable, 
coordinate the development of the guidance with stakeholders of 
the system, including the following:
   Appropriate personnel from Federal agencies;
   Representatives of State, Tribal, and local 
        governments;
   Representatives of Tribes and national Indian 
        organizations;
   Communications service providers;
   Vendors, developers, and manufacturers of systems, 
        facilities, equipment, and capabilities for the 
        provision of communications services;
   Third-party service bureaus;
   The national organization representing noncommercial 
        broadcast television stations;
   Technical experts from the broadcasting industry;
   Educators from the Emergency Management Institute; 
        and
   Other individuals with technical expertise.
    Subsection (d) of this section would exempt the public 
consultation process under subsection (c) from the Federal 
Advisory Committee Act.\19\
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    \19\5 U.S.C. App.
---------------------------------------------------------------------------
    Subsection (e) of this section would provide that nothing 
in subsection (a) should be construed to amend, supplement, or 
abridge the authority of the FCC under the Communications Act 
of 1934,\20\ or in any other manner give the FEMA Administrator 
authority over communications service providers participating 
in the EAS or WEA. The Committee intends for this rule of 
construction to be interpreted as broadly as possible, and to 
that end, for the term communications service providers to be 
interpreted to cover all entities that participate in EAS and 
WEA otherwise within the jurisdiction of the FCC.
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    \20\47 U.S.C. 151 et seq.
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Section 6. False alert reporting.

    This section would require the FCC, in consultation with 
FEMA, to complete a rulemaking within 180 days of enactment to 
establish a system to receive from the FEMA Administrator or 
State, Tribal, or local governments reports of false alerts 
under the EAS or WEA. The FCC would be directed to use this 
information for the purpose of recording such false alerts and 
examining their causes. The Committee intends for FEMA, as well 
as State, Tribal, and local governments, to make full use of 
this false alert reporting process, and for the FCC to take 
whatever steps necessary to encourage the use of the process by 
those entities (including by making the false alert reporting 
process as simple as practicable).

Section 7. Repeating emergency alert system messages for national 
        security.

    This section would require the FCC, in consultation with 
FEMA, to complete a rulemaking within 180 days of enactment to 
modify the EAS to provide repeating EAS messages for a pending 
alert issued by (1) the President; (2) FEMA; or (3) any other 
entity under specified circumstances determined by the FCC.

Section 8. Internet and online streaming services emergency alert 
        examination.

    Subsection (a) of this section would require the FCC to 
complete an inquiry within 180 days and after notice and 
comment to examine the feasibility of updating EAS to enable or 
improve alerts to consumers provided through the internet, 
including through streaming services.
    Subsection (b) of this section would direct the FCC to 
submit to specifically named congressional committees a report 
on the findings and conclusions of the inquiry required under 
subsection (a) within 90 days of its completion.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                WARNING, ALERT, AND RESPONSE NETWORK ACT

               [Pub. L. 109-347; 47 U.S.C. 1201(b)(2)(E)]

SEC. 602. FEDERAL COMMUNICATIONS COMMISSION DUTIES.

    (a) * * *
    (b) Commercial Mobile Service Election.--
            (1) * * *
            (2) Election.--
                    (A) * * *
                    (B) * * *
                    (C) * * *
                    (D) * * *
                    (E) Consumer Choice Technology.--Any 
                commercial mobile service licensee electing to 
                transmit emergency alerts may offer subscribers 
                the capability of preventing the subscriber's 
                device from receiving such alerts, or classes 
                of such alerts, [other than an alert issued by 
                the President.] [Within 2 years after the 
                Commission completes the proceeding under 
                paragraph (1), the Commission shall examine the 
                issue of whether a commercial mobile service 
                provider should continue to be permitted to 
                offer its subscribers such capability. The 
                Commission shall submit a report with its 
                recommendations to the Committee on Commerce, 
                Science, and Transportation of the Senate and 
                the Committee on Energy and Commerce of the 
                House of Representatives.] other than an alert 
                issued by--
                    (A) the President; or
                    (B) the Administrator of the Federal 
                Emergency Management Agency.

           *       *       *       *       *       *       *