I 
115TH CONGRESS 
2D SESSION 
H. R. 4965 
To establish best practices for State, tribal, and local governments partici-
pating in the Integrated Public Alert and Warning System, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2018 
Ms. HANABUSA (for herself and Ms. GABBARD) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Homeland Security, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To establish best practices for State, tribal, and local govern-
ments participating in the Integrated Public Alert and 
Warning System, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Authenticating Local 
Emergencies and Real Threats Act of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
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(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Agency; 
(2) the term ‘‘Agency’’ means the Federal 
Emergency Management Agency; 
(3) the term ‘‘public alert and warning system’’ 
means the integrated public alert and warning sys-
tem of the United States described in section 526 of 
the Homeland Security Act of 2002 (6 U.S.C. 
321o); and 
(4) the term ‘‘State’’ means any State of the 
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and any possession of the 
United States. 
SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYS-
TEM SUBCOMMITTEE. 
Section 2 of the Integrated Public Alert and Warning 
System Modernization Act of 2015 (Public Law 114–143; 
130 Stat. 327) is amended— 
(1) in subsection (b)— 
(A) in paragraph (6)(B)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
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(ii) in clause (ii)(VII), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) recommendations for best prac-
tices of State, tribal, and local govern-
ments to follow to maintain the integrity of 
the public alert and warning system, in-
cluding— 
‘‘(I) the procedures for State, 
tribal, and local government officials 
to authenticate civil emergencies and 
initiate, modify, and cancel alerts 
transmitted through the public alert 
and warning system, including proto-
cols and technology capabilities for— 
‘‘(aa) the initiation, or pro-
hibition on the initiation, of 
alerts by a single authorized or 
unauthorized individual; and 
‘‘(bb) testing a State, tribal, 
or 
local 
government 
incident 
management and warning tool 
without accidentally initiating an 
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alert through the public alert and 
warning system; 
‘‘(II) 
the 
standardization, 
functionality, and interoperability of 
incident management and warning 
tools used by State, tribal, and local 
governments to notify the public of an 
emergency through the public alert 
and warning system; 
‘‘(III) the training and recertifi-
cation of emergency management per-
sonnel on best practices for origi-
nating and transmitting an alert 
through the public alert and warning 
system; and 
‘‘(IV) the procedures, protocols, 
and guidance concerning the protec-
tive action plans that State, tribal, 
and local governments should issue to 
the public following an alert issued 
under the public alert and warning 
system.’’; 
(B) in paragraph (7)— 
(i) in subparagraph (A)— 
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(I) by striking ‘‘Not later than’’ 
and inserting the following: 
‘‘(i) 
INITIAL
REPORT.—Not 
later 
than’’; 
(II) in clause (i), as so des-
ignated, by striking ‘‘paragraph (6)’’ 
and inserting ‘‘clauses (i) and (ii) of 
paragraph (6)(B)’’; and 
(III) by adding at the end the 
following: 
‘‘(ii) SECOND
REPORT.—Not later 
than 18 months after the date of enact-
ment of the Authenticating Local Emer-
gencies and Real Threats Act of 2018, the 
Subcommittee shall submit to the National 
Advisory Council a report containing any 
recommendations required to be developed 
under paragraph (6)(B)(iii) for approval 
by the National Advisory Council.’’; and 
(ii) in subparagraph (B), by striking 
‘‘report’’ each place that term appears and 
inserting ‘‘reports’’; and 
(C) in paragraph (8), by striking ‘‘3’’ and 
inserting ‘‘5’’; and 
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(2) in subsection (c), by striking ‘‘and 2018’’ 
and inserting ‘‘2018, 2019, 2020, and 2021’’. 
SEC. 4. INTEGRATED PUBLIC ALERT AND WARNING SYS-
TEM PARTICIPATORY REQUIREMENTS. 
The Administrator shall— 
(1) consider the recommendations submitted by 
the Integrated Public Alert and Warning System 
Subcommittee to the National Advisory Council 
under section 2(b)(7) of the Integrated Public Alert 
and Warning System Modernization Act of 2015 
(Public Law 114–143; 130 Stat. 331), as amended 
by section 3 of this Act; and 
(2) not later than 120 days after the date on 
which the recommendations described in paragraph 
(1) are submitted, establish minimum requirements 
for State, tribal, and local governments to partici-
pate in the public alert and warning system con-
sistent with all public notice rules and regulations in 
law. 
SEC. 5. INCIDENT MANAGEMENT AND WARNING TOOL VALI-
DATION. 
(a) IN GENERAL.—The Administrator shall establish 
a process to ensure that an incident management and 
warning tool used by a State, tribal, or local government 
to originate and transmit an alert through the public alert 
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and warning system meets the minimum requirements es-
tablished by the Administrator under section 4(2). 
(b) REQUIREMENTS.—The process required to be es-
tablished under subsection (a) shall include— 
(1) the ability to test an incident management 
and warning tool in the public alert and warning 
system lab; 
(2) the ability to certify that an incident man-
agement and warning tool complies with the applica-
ble cyber frameworks of the Department of Home-
land Security and the National Institute of Stand-
ards and Technology; 
(3) a process to certify developers of emergency 
management software; and 
(4) requiring developers to provide the Adminis-
trator with a copy of and rights of use for ongoing 
testing of each version of incident management and 
warning tool software before the software is first 
used by a State, tribal, or local government. 
SEC. 6. REVIEW AND UPDATE OF MEMORANDA OF UNDER-
STANDING. 
(a) IN GENERAL.—The Administrator shall review 
the memoranda of understanding between the Agency and 
State, tribal, and local governments with respect to the 
public alert and warning system to ensure that all agree-
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ments ensure compliance with any minimum requirements 
established by the Administrator under section 4(2). 
(b) FUTURE MEMORANDA.—The Administrator shall 
ensure that any new memorandum of understanding en-
tered into between the Agency and a State, tribal, or local 
government on or after the date of enactment of this Act 
with respect to the public alert and warning system en-
sures that the agreement requires compliance with any 
minimum requirements established by the Administrator 
under section 4(2). 
SEC. 7. MISSILE ALERT AND WARNING AUTHORITIES. 
(a) IN GENERAL.— 
(1) AUTHORITY.—The authority to originate an 
alert warning the public of a missile launch directed 
against a State using the public alert and warning 
system shall reside solely with the Federal Govern-
ment. 
(2) ACTIVATION OF SYSTEM.—Upon verification 
of a missile threat, the President, utilizing estab-
lished authorities, protocols and procedures, may ac-
tivate the public alert and warning system. 
(b) REQUIRED
PROCESSES.—The Secretary of 
Homeland Security, acting through the Administrator, 
shall establish a process to promptly notify a State warn-
ing point, and any State entities that the Administrator 
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determines appropriate, of follow-up actions to a missile 
launch alert so the State may take appropriate action to 
protect the health, safety, and welfare of the residents of 
the State following the issuance of an alert described in 
subsection (a)(1) for that State. 
(c) GUIDANCE.—The Secretary of Homeland Secu-
rity, acting through the Administrator, shall work with the 
Governor of a State warning point to develop and imple-
ment appropriate protective action plans to respond to an 
alert described in subsection (a)(1) for that State. 
(d) STUDY AND REPORT.—Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Homeland Security shall— 
(1) examine the feasibility of establishing an 
alert designation under the public alert and warning 
system that would be used to alert and warn the 
public of a missile threat while concurrently alerting 
a State warning point so that a State may activate 
related protective action plans; and 
(2) submit a report of the findings under para-
graph (1), including of the costs and timeline for 
taking action to implement an alert designation de-
scribed in paragraph (1), to— 
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the National and Regional Watch Centers de-
scribed in paragraph (1) to be notified of alerts 
and warnings issued by a State through the 
public alert and warning system; 
(B) a determination of which State alerts 
and warnings the Emergency Operations Center 
and the National and Regional Watch Centers 
described in paragraph (1) should be aware of; 
and 
(C) recommendations for improving the 
ability of the National and Regional Watch 
Centers described in paragraph (1) to receive 
any State alerts and warnings that the Admin-
istrator determines are appropriate. 
SEC. 9. TIMELINE FOR COMPLIANCE. 
Each State shall be given a reasonable amount of 
time to comply with any new rules, regulations, or require-
ments imposed under this Act or the amendments made 
by this Act. 
Æ 
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