Text: S.1180 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-143 (04/11/2016)

 
[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:
---------------------------------------------------------------------------

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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