S. 1180 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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. 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; 
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‘‘(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. 

‘‘(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 limitedEnglish 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 
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‘‘(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 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) 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) 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): 
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(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) MEETINGS.— 
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(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) 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 
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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) 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) 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 
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(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.