PRIA, Government Policy, Made Personal

Summary

Require the Federal Communications Commission, working with the FEMA Administrator, to act quickly to improve emergency alerts. By 180 days after January 1, 2021, the FCC must make rules to update wireless alerts. By the same deadline, the FCC must require states to set up or review State Emergency Communications Committees (SECCs). Each SECC must meet at least once a year, update its State Emergency Alert System (EAS) plan, certify the meeting, and send the updated plan to the FCC. The FCC then has 60 days to approve or reject the plan and must tell the state why. The FCC must also create a checklist for state plans and consult FEMA on it. Within 180 days the FCC must set up a way to collect reports of false alerts from FEMA and state, Tribal, or local governments and study their causes. Also within 180 days the FCC must make rules so EAS messages about national security (like missile threats or terror attacks) can repeat while an alert is active. That change does not affect the President’s legal alerting authority. The FCC must also study, within 180 days, how to send alerts over the internet and streaming services and send a report to the Senate Commerce, Science, and Transportation Committee and the House Energy and Commerce Committee within 90 days after the study ends. Definitions: Administrator = FEMA Administrator; Commission = FCC; Emergency Alert System = the national public warning system; Wireless Emergency Alerts System = the wireless national warning system (WARN Act).

Title 47, §1206

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

(a)Wireless emergency alerts system offerings

(1)Omitted

(2)Regulations

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).

(b)State emergency alert system plans and emergency communications committees

(1)State emergency communications committee

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)Consultation

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

(3)Definitions

In this subsection

(A)

(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)False alert reporting

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)Repeating emergency alert system messages for national security

(1)In general

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)Scope of rulemaking

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)Rule of construction

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)Internet and online streaming services emergency alert examination

(1)Study

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)Report

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)Definitions

In this section

(1)

(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