[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4856 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4856
To improve oversight by the Federal Communications Commission of the
wireless and broadcast emergency alert systems.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 24, 2019
Mr. McNerney (for himself, Mr. Bilirakis, Ms. Gabbard, and Mr. Olson)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, and Homeland Security, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To improve oversight by the Federal Communications Commission of the
wireless and broadcast emergency alert systems.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reliable Emergency Alert
Distribution Improvement Act of 2019'' 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. 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. 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.
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