6 U.S.C. § 321o — Integrated public alert and warning system modernization

submitted 10 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 926 words · no verdicts yet

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FEMA's Administrator must modernize the national alert system so the President, federal agencies, and state and local governments can warn the public during disasters or terrorism. The system must reach people with disabilities and limited English, stay secure, and never send unrelated messages. Through 2018, the Administrator had to publish yearly performance reports.

(a) In general. To give people timely, effective warnings about natural disasters, terrorism, and other man-made disasters or threats to public safety, the Administrator must modernize the national alert and warning system — so that in every situation, the President can use it, and so can federal agencies and state, tribal, and local governments (except when the President is already using it) — to warn people in danger. The Administrator must also actually run the system to send out these warnings. (b) Implementation requirements. In carrying out subsection (a), the Administrator must: set common protocols, standards, terms, and procedures for alerts; build in the ability to tailor what an alert says and where it goes, based on location, risk, and available technology, as far as is technically feasible; build in the ability to warn people with disabilities, people with access and functional needs, and people with limited English, as far as feasible; make sure the system is trained, tested, and exercised — by folding it into the Department's other training programs, by building a recurring training program into the National Incident Management System for the Common Alerting Protocol version of the Emergency Alert System, and by running a nationwide test of the whole system at least once every three years; make the system as resilient and secure against terrorism and other attacks as practical; run a public-education, general-awareness campaign so governments, businesses, and the public understand how the system works and how to use it; consult and cooperate with the right private-sector groups and federal, state, tribal, and local authorities, including FEMA's Regional Administrators and emergency responders; consult and coordinate with the Federal Communications Commission and follow its rules; and coordinate with, and consider the advice of, the Integrated Public Alert and Warning System Subcommittee created by the 2015 modernization law. (c) System requirements. The system itself must, as the Administrator decides is appropriate, use multiple kinds of communication technology, and be built so it can adapt to new technology in the future. As far as is technically feasible, it must reach the largest possible share of the people in danger — including visitors and tourists, people with disabilities, people with access and functional needs, and people with limited English — and it must work better in remote areas. It should encourage local and regional public-private partnerships that improve community preparedness, offer backup ways to deliver alerts wherever practical, and, as far as feasible, protect people's privacy. (d) Use of system. Other than for testing, the system cannot be used to send any message that isn't about a natural disaster, an act of terrorism, or another man-made disaster or threat to public safety. (e) Performance reports. Starting by April 11, 2017, and every year after that through 2018, the Administrator had to post a performance report on FEMA's public website. Each report had to set performance goals; describe the system's actual performance, including what technology was used, what was done to reach people with disabilities, access and functional needs, or limited English, and what training, tests, and exercises were run and what they found; identify major challenges and any plans to fix them; identify other needed improvements; and compare actual performance against the goals. The Administrator also had to send each report to the Senate Committees on Homeland Security and Governmental Affairs and on Commerce, Science, and Transportation, and the House Committees on Transportation and Infrastructure and on Homeland Security.

the actual law source: uscode.house.gov ↗public domain

(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;

(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)

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)

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)

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.

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

(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) In general

Not later than 1 year after April 11, 2016, 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 1 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)

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).

Source credit: (Pub. L. 107–296, title V, § 526, as added Pub. L. 114–143, § 2(a), Apr. 11, 2016, 130 Stat. 327.)

history & why it existsrecord from the source credit

2016Enacted · Pub. L. 107-296 · 130 Stat. 327

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2016-04-11.

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