§321o–1 Integrated Public Alert and Warning System

Summary

Requires the FEMA Administrator to write, within one year after December 20, 2019, clear minimum rules for how States, Tribes, and local governments join and use the national integrated public alert and warning system. Definitions used: Administrator = the head of FEMA; Agency = FEMA; appropriate congressional committees = the Senate Homeland Security and Governmental Affairs Committee, the House Transportation and Infrastructure Committee, and the House Homeland Security Committee; public alert and warning system = the integrated national alert system; Secretary = the Homeland Security Secretary; State = each State, DC, Puerto Rico, the U.S. territories, and possessions. The rules must cover when alerts are appropriate, how officials prove an emergency and start, change, or cancel alerts, how to prevent and correct false alerts, standard technical and interoperability rules for alert tools, yearly training and recertification, guidance on protective action plans and follow-up messages, and ways for officials to contact each other and Federal partners during an emergency. The Administrator must follow recommendations from the National Advisory Council and get input from many stakeholders (federal agencies like NIST and FCC, state and local emergency staff, tribes, telecom companies, vendors, broadcasters, technical experts, and others). FEMA must set up a testing and certification process for alert software and tools that includes lab testing, cybersecurity checks, developer certification, and requires developers to give FEMA copies and testing rights for software versions before they are used. FEMA must review and update memoranda of understanding with governments to meet the new rules, and any new agreements made 60 days after the rules are issued must follow them. For missile alerts, beginning 120 days after December 20, 2019, the federal government will primarily have the authority to send public missile warnings; the Secretary may only give that power to a State, Tribe, or local entity if, within 180 days, the Secretary reports to Congress that federal warning is not feasible or not in the national security interest. The President may activate the system when a missile threat is verified. The Secretary and Administrator must quickly notify State warning points after a federal missile alert and work with Governors on protective plans. Within one year they must study whether a special missile alert can warn both the public and State warning points at once and report costs and timing to several congressional committees. FEMA must also boost use of its alert lab and report results, review National and Regional Watch Centers and report capabilities and recommendations within one year, report to Congress within 15 days after any false alert about its cause and impact, give yearly participation and rural/underserved outreach reports, and allow States a reasonable time to comply with new requirements.