§1206 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Within 180 days after January 1, 2021, the Federal Communications Commission (FCC), working with the FEMA Administrator, must make rules to carry out several changes to the Emergency Alert System (EAS). The FCC must encourage each State’s top official to create a State Emergency Communications Committee (SECC) if one does not exist, or to review an existing SECC’s members and rules. Each SECC must meet at least once a year to review and update its State EAS Plan, confirm it met, and send the updated plan to the FCC. The FCC must approve or reject the plan within 60 days and tell the State why. The FCC must also give SECCs a checklist for what to include in their plans and work with FEMA on that checklist. Also within 180 days the FCC must set up a system, with FEMA, to take reports of false alerts from FEMA or state, Tribal, or local governments so the alerts can be recorded and studied. The FCC must change the EAS so that certain serious alerts (like national security threats such as missile attacks or terror) repeat while they are active when sent by the President, FEMA, or others the FCC and FEMA agree on. That repetition rule does not apply to routine warnings like weather, AMBER, or disaster alerts, and it does not limit the President’s legal alerting powers. The FCC must also, after public notice and comment and within 180 days, study how to improve alerts over the internet and streaming; it must send a report on that study to the Senate Commerce Committee and the House Energy and Commerce Committee within 90 days after the study ends. Definitions: Administrator = FEMA Administrator. Commission = FCC. Emergency Alert System = national public warning system under FCC rules. Wireless Emergency Alerts System = national wireless warning system under the WARN Act.

Title 47, §1206

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)(1)

(2)Not later than 180 days after January 1, 2021, the Commission, in consultation with the Administrator, shall adopt regulations to implement the amendment made by paragraph (1)(B).11 See References in Text note below.

(b)(1)Not later than 180 days after January 1, 2021, the Commission shall adopt regulations that—

(A)encourage the chief executive of each State—

(i)to establish an SECC if the State does not have an SECC; or

(ii)if the State has an SECC, to review the composition and governance of the SECC;

(B)provide that—

(i)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 subclause (I); and

(III)submit to the Commission an updated State EAS Plan; and

(ii)not later than 60 days after the date on which the Commission receives an updated State EAS Plan under clause (i)(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 approval or disapproval of such plan, and reason therefor; and

(C)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 subparagraph (B)(i).

(2)The Commission shall consult with the Administrator regarding the adoption of regulations under paragraph (1)(C).

(3)In this subsection—

(A)the term “SECC” means a State Emergency Communications Committee;

(B)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

(C)the term “State EAS Plan” means a State Emergency Alert System Plan.

(c)Not later than 180 days after January 1, 2021, 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 Alerts System for the purpose of recording such false alerts and examining the causes of such false alerts.

(d)(1)Not later than 180 days after January 1, 2021, 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—

(A)the President;

(B)the Administrator; or

(C)any other entity determined appropriate under the circumstances by the Commission, in consultation with the Administrator.

(2)Paragraph (1) shall—

(A)apply to warnings of national security events, meaning emergencies of national significance, such as a missile threat, terror attack, or other act of war or threat to public safety; and

(B)not apply to more typical warnings, such as a weather alert, AMBER Alert, or disaster alert.

(3)Nothing in this subsection shall be construed to impair, limit, or otherwise change—

(A)the authority of the President granted by law to alert and warn the public; or

(B)the role of the President as commander-in-chief with respect to the identification, dissemination, notification, or alerting of information of missile threats against the United States, or threats to public safety.

(e)(1)Not later than 180 days after January 1, 2021, 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.

(2)Not later than 90 days after completing the inquiry under paragraph (1), the Commission shall submit a report on the findings and conclusions of the inquiry to—

(A)the Committee on Commerce, Science, and Transportation of the Senate; and

(B)the Committee on Energy and Commerce of the House of Representatives.

(f)In this section—

(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 Alerts 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).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The amendment made by paragraph (1)(B), referred to in subsec. (a)(2), means the amendment made by Pub. L. 116–283, § 9201(a)(1)(B) which amended section 1201 of this title. The Warning, Alert, and Response Network Act, referred to in subsec. (f)(4), is title VI of Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1936, which is classified principally to chapter 11 (§ 1201 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set under section 1201 of this title and Tables. Codification Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the Warning, Alert, and Response Network Act which comprises this chapter. Section is comprised of section 9201 of Pub. L. 116–283. Subsec. (a) of section 9201 of Pub. L. 116–283 amended section 1201 of this title.

§1206 Reliable emergency alert distribution improvement