[114th Congress Public Law 143]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 327]]
Public Law 114-143
114th Congress
An Act
To amend the Homeland Security Act of 2002 to direct the Administrator
of the Federal Emergency Management Agency to modernize the integrated
public alert and warning system of the United States, and for other
purposes. <<NOTE: Apr. 11, 2016 - [S. 1180]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Integrated
Public Alert and Warning System Modernization Act of 2015. 6 USC 101
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2015''.
SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 526. <<NOTE: Disasters. Terrorism. 6 USC 3210.>>
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
``(a) In General.--To provide timely and effective warnings
regarding natural disasters, acts of terrorism, and other man-made
disasters or threats to public safety, the Administrator shall--
``(1) modernize the integrated public alert and warning
system of the United States (in this section referred to as the
`public alert and warning system') to help ensure that under all
conditions the President and, except to the extent the public
alert and warning system is in use by the President, Federal
agencies and State, tribal, and local governments can alert and
warn the civilian population in areas endangered by natural
disasters, acts of terrorism, and other man-made disasters or
threats to public safety; and
``(2) implement the public alert and warning system to
disseminate timely and effective warnings regarding natural
disasters, acts of terrorism, and other man-made disasters or
threats to public safety.
``(b) Implementation Requirements.--In carrying out subsection (a),
the Administrator shall--
``(1) establish or adopt, as appropriate, common alerting
and warning protocols, standards, terminology, and operating
procedures for the public alert and warning system;
``(2) include in the public alert and warning system the
capability to adapt the distribution and content of
communications on the basis of geographic location, risks, and
multiple communication systems and technologies, as appropriate
and to the extent technically feasible;
[[Page 130 STAT. 328]]
``(3) include in the public alert and warning system the
capability to alert, warn, and provide equivalent information to
individuals with disabilities, individuals with access and
functional needs, and individuals with limited-English
proficiency, to the extent technically feasible;
``(4) ensure that training, tests, and exercises are
conducted for the public alert and warning system, including
by--
``(A) incorporating the public alert and warning
system into other training and exercise programs of the
Department, as appropriate;
``(B) establishing and integrating into the National
Incident Management System a comprehensive and periodic
training program to instruct and educate Federal, State,
tribal, and local government officials in the use of the
Common Alerting Protocol enabled Emergency Alert System;
and
``(C) <<NOTE: Time period.>> conducting, not less
than once every 3 years, periodic nationwide tests of
the public alert and warning system;
``(5) to the extent practicable, ensure that the public
alert and warning system is resilient and secure and can
withstand acts of terrorism and other external attacks;
``(6) conduct public education efforts so that State,
tribal, and local governments, private entities, and the people
of the United States reasonably understand the functions of the
public alert and warning system and how to access, use, and
respond to information from the public alert and warning system
through a general market awareness campaign;
``(7) <<NOTE: Consultation. Coordination.>> consult,
coordinate, and cooperate with the appropriate private sector
entities and Federal, State, tribal, and local governmental
authorities, including the Regional Administrators and emergency
response providers;
``(8) <<NOTE: Consultation. Coordination.>> consult and
coordinate with the Federal Communications Commission, taking
into account rules and regulations promulgated by the Federal
Communications Commission; and
``(9) coordinate with and consider the recommendations of
the Integrated Public Alert and Warning System Subcommittee
established under section 2(b) of the Integrated Public Alert
and Warning System Modernization Act of 2015.
``(c) System Requirements.--The public alert and warning system
shall--
``(1) to the extent determined appropriate by the
Administrator, incorporate multiple communications technologies;
``(2) be designed to adapt to, and incorporate, future
technologies for communicating directly with the public;
``(3) to the extent technically feasible, be designed--
``(A) to provide alerts to the largest portion of
the affected population feasible, including nonresident
visitors and tourists, individuals with disabilities,
individuals with access and functional needs, and
individuals with limited-English proficiency; and
``(B) to improve the ability of remote areas to
receive alerts;
``(4) promote local and regional public and private
partnerships to enhance community preparedness and response;
``(5) provide redundant alert mechanisms where practicable
so as to reach the greatest number of people; and
[[Page 130 STAT. 329]]
``(6) to the extent feasible, include a mechanism to ensure
the protection of individual privacy.
``(d) Use of System.--Except to the extent necessary for testing the
public alert and warning system, the public alert and warning system
shall not be used to transmit a message that does not relate to a
natural disaster, act of terrorism, or other man-made disaster or threat
to public safety.
``(e) Performance Reports.--
``(1) <<NOTE: Public information. Web posting.>> In
general.--Not later than 1 year after the date of enactment of
the Integrated Public Alert and Warning System Modernization Act
of 2015, and annually thereafter through 2018, the Administrator
shall make available on the public website of the Agency a
performance report, which shall--
``(A) establish performance goals for the
implementation of the public alert and warning system by
the Agency;
``(B) describe the performance of the public alert
and warning system, including--
``(i) the type of technology used for alerts
and warnings issued under the system;
``(ii) the measures taken to alert, warn, and
provide equivalent information to individuals with
disabilities, individuals with access and function
needs, and individuals with limited-English
proficiency; and
``(iii) the training, tests, and exercises
performed and the outcomes obtained by the Agency;
``(C) identify significant challenges to the
effective operation of the public alert and warning
system and any plans to address these challenges;
``(D) identify other necessary improvements to the
system; and
``(E) <<NOTE: Analysis.>> provide an analysis
comparing the performance of the public alert and
warning system with the performance goals established
under subparagraph (A).
``(2) Congress.--The Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of Representatives
each report required under paragraph (1).''.
(b) Integrated Public Alert and Warning System Subcommittee.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 90
days after the date of enactment of this Act, the Administrator
of the Federal Emergency Management Agency (in this subsection
referred to as the ``Administrator'') shall establish a
subcommittee to the National Advisory Council established under
section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318)
to be known as the Integrated Public Alert and Warning System
Subcommittee (in this subsection referred to as the
``Subcommittee'').
(2) Membership.--Notwithstanding section 508(c) of the
Homeland Security Act of 2002 (6 U.S.C. 318(c)), the
Subcommittee shall be composed of the following members (or
their designees):
[[Page 130 STAT. 330]]
(A) The Deputy Administrator for Protection and
National Preparedness of the Federal Emergency
Management Agency.
(B) The Chairman of the Federal Communications
Commission.
(C) The Administrator of the National Oceanic and
Atmospheric Administration of the Department of
Commerce.
(D) The Assistant Secretary for Communications and
Information of the Department of Commerce.
(E) The Under Secretary for Science and Technology
of the Department of Homeland Security.
(F) The Under Secretary for the National Protection
and Programs Directorate.
(G) The Director of Disability Integration and
Coordination of the Federal Emergency Management Agency.
(H) The Chairperson of the National Council on
Disability.
(I) Qualified individuals appointed by the
Administrator as soon as practicable after the date of
enactment of this Act from among the following:
(i) Representatives of State and local
governments, representatives of emergency
management agencies, and representatives of
emergency response providers.
(ii) Representatives from federally recognized
Indian tribes and national Indian organizations.
(iii) Individuals who have the requisite
technical knowledge and expertise to serve on the
Subcommittee, including representatives of--
(I) communications service
providers;
(II) vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for the
provision of communications services;
(III) third-party service bureaus;
(IV) the broadcasting industry,
including public broadcasting;
(V) the commercial mobile radio
service industry;
(VI) the cable industry;
(VII) the satellite industry;
(VIII) national organizations
representing individuals with
disabilities, the blind, deaf, and
hearing-loss communities, individuals
with access and functional needs, and
the elderly;
(IX) consumer or privacy advocates;
and
(X) organizations representing
individuals with limited-English
proficiency.
(iv) Qualified representatives of such other
stakeholders and interested and affected parties
as the Administrator considers appropriate.
(3) Chairperson.--The Deputy Administrator for Protection
and National Preparedness of the Federal Emergency Management
Agency shall serve as the Chairperson of the Subcommittee.
(4) <<NOTE: Deadlines.>> Meetings.--
[[Page 130 STAT. 331]]
(A) Initial meeting.--The initial meeting of the
Subcommittee shall take place not later than 120 days
after the date of enactment of this Act.
(B) Other meetings.--After the initial meeting, the
Subcommittee shall meet, at least annually, at the call
of the Chairperson.
(5) Consultation with nonmembers.--The Subcommittee and the
program offices for the integrated public alert and warning
system for the United States shall consult with individuals and
entities that are not represented on the Subcommittee to
consider new and developing technologies that may be beneficial
to the public alert and warning system, including--
(A) the Defense Advanced Research Projects Agency;
(B) entities engaged in federally funded research;
and
(C) academic institutions engaged in relevant work
and research.
(6) Recommendations.--The Subcommittee shall--
(A) develop recommendations for an integrated public
alert and warning system; and
(B) in developing the recommendations under
subparagraph (A), consider--
(i) recommendations for common alerting and
warning protocols, standards, terminology, and
operating procedures for the public alert and
warning system; and
(ii) recommendations to provide for a public
alert and warning system that--
(I) has the capability to adapt the
distribution and content of
communications on the basis of
geographic location, risks, or personal
user preferences, as appropriate;
(II) has the capability to alert and
warn individuals with disabilities and
individuals with limited-English
proficiency;
(III) to the extent appropriate,
incorporates multiple communications
technologies;
(IV) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
(V) is designed to provide alerts to
the largest portion of the affected
population feasible, including
nonresident visitors and tourists, and
improve the ability of remote areas to
receive alerts;
(VI) promotes local and regional
public and private partnerships to
enhance community preparedness and
response; and
(VII) provides redundant alert
mechanisms, if practicable, to reach the
greatest number of people regardless of
whether they have access to, or use, any
specific medium of communication or any
particular device.
(7) Report.--
(A) <<NOTE: Recommenda- tions.>> Subcommittee
submission.--Not later than 1 year after the date of
enactment of this Act, the Subcommittee shall submit to
the National Advisory Council a report containing any
recommendations required to be developed
[[Page 130 STAT. 332]]
under paragraph (6) for approval by the National
Advisory Council.
(B) Submission by national advisory council.--If the
National Advisory Council approves the recommendations
contained in the report submitted under subparagraph
(A), the National Advisory Council shall submit the
report to--
(i) the head of each agency represented on the
Subcommittee;
(ii) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the
Senate; and
(iii) the Committee on Homeland Security and
the Committee on Transportation and Infrastructure
of the House of Representatives.
(8) <<NOTE: Deadline.>> Termination.--The Subcommittee
shall terminate not later than 3 years after the date of
enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act and the amendments made by this Act
such sums as may be necessary for each of fiscal years 2016, 2017, and
2018.
(d) <<NOTE: 6 USC 3210 note.>> Limitations on Statutory
Construction.--
(1) Definition.--In this subsection, the term
``participating commercial mobile service provider'' has the
meaning given that term under section 10.10(f) of title 47, Code
of Federal Regulations, as in effect on the date of enactment of
this Act.
(2) Limitations.--Nothing in this Act, including an
amendment made by this Act, shall be construed--
(A) to affect any authority--
(i) of the Department of Commerce;
(ii) of the Federal Communications Commission;
or
(iii) provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.);
(B) to provide the Secretary of Homeland Security
with authority to require any action by the Department
of Commerce, the Federal Communications Commission, or
any nongovernmental entity;
(C) to apply to, or to provide the Administrator of
the Federal Emergency Management Agency with authority
over, any participating commercial mobile service
provider;
(D) to alter in any way the wireless emergency
alerts service established under the Warning, Alert, and
Response Network Act (47 U.S.C. 1201 et seq.) or any
related orders issued by the Federal Communications
Commission after October 13, 2006; or
[[Page 130 STAT. 333]]
(E) to provide the Federal Emergency Management
Agency with authority to require a State or local
jurisdiction to use the integrated public alert and
warning system of the United States.
Approved April 11, 2016.
LEGISLATIVE HISTORY--S. 1180:
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SENATE REPORTS: No. 114-73 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 161 (2015):
July 9, considered and passed
Senate.
Vol. 162 (2016):
Mar. 21, considered and passed
House.
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