6 U.S.C. § 321o — Integrated public alert and warning sys-

Page 178 TITLE 6—DOMESTIC SECURITY § 321n tity certified as being in compliance with the program established under this subsection, if that private sector entity consents to such listing. (c) Rule of construction Nothing in this section may be construed as— (1) a requirement to replace any prepared- ness, emergency response, or business con- tinuity standards, requirements, or best prac- tices established— (A) under any other provision of federal law; or (B) by any Sector Risk Management Agen- cy, as those agencies are defined under Homeland Security Presidential Directive–7; or (2) exempting any private sector entity seek- ing certification or meeting certification re- quirements under subsection (b) from compli- ance with all applicable statutes, regulations, directives, policies, and industry codes of prac- tice. (Pub. L. 107–296, title V, § 524, as added Pub. L. 110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 365; amended Pub. L. 116–283, div. H, title XC, § 9002(c)(2)(B), Jan. 1, 2021, 134 Stat. 4772.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(2)(E)(i)(II). Pub. L. 116–283, § 9002(c)(2)(B)(i), substituted ‘‘Sector Risk Management Agency’’ for ‘‘sector-specific agency’’. Subsec. (c)(1)(B). Pub. L. 116–283, § 9002(c)(2)(B)(ii), substituted ‘‘Sector Risk Management Agency’’ for ‘‘sector-specific agency’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Assistant Secretary for Infrastructure Protection deemed to be a reference to Assistant Direc- tor for Infrastructure Security, see section 654(a)(3) of this title. Assistant Secretary for Infrastructure Pro- tection serving on the day before Nov. 16, 2018, author- ized to continue to serve as Assistant Director for In- frastructure Security on and after such date, see sec- tion 2(b)(4) of Pub. L. 115–278, set out as a note under section 654 of this title. DEADLINE FOR DESIGNATION OF OFFICER Pub. L. 110–53, title IX, § 901(c), Aug. 3, 2007, 121 Stat. 371, provided that: ‘‘The Secretary of Homeland Secu- rity shall designate the officer as described in section 524 of the Homeland Security Act of 2002 [6 U.S.C. 321m], as added by subsection (a), by not later than 30 days after the date of the enactment of this Act [Aug. 3, 2007].’’ § 321n. Acceptance of gifts (a) Authority The Secretary may accept and use gifts of property, both real and personal, and may ac- cept gifts of services, including from guest lec- turers, for otherwise authorized activities of the Center for Domestic Preparedness that are re- lated to efforts to prevent, prepare for, protect against, or respond to a natural disaster, act of terrorism, or other man-made disaster, includ- ing the use of a weapon of mass destruction. (b) Prohibition The Secretary may not accept a gift under this section if the Secretary determines that the use of the property or services would com- promise the integrity or appearance of integrity of— (1) a program of the Department; or (2) an individual involved in a program of the Department. (c) Report (1) In general The Secretary shall submit to the Com- mittee on Homeland Security of the House of Representatives and the Committee on Home- land Security and Governmental Affairs of the Senate an annual report disclosing— (A) any gifts that were accepted under this section during the year covered by the re- port; (B) how the gifts contribute to the mission of the Center for Domestic Preparedness; and (C) the amount of Federal savings that were generated from the acceptance of the gifts. (2) Publication Each report required under paragraph (1) shall be made publically available. (Pub. L. 107–296, title V, § 525, as added Pub. L. 111–245, § 2(a)(1), Sept. 30, 2010, 124 Stat. 2620.) § 321o. Integrated public alert and warning sys- tem modernization (a) In general To provide timely and effective warnings re- garding 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 en- dangered by natural disasters, acts of ter- rorism, 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 Adminis- trator shall— (1) establish or adopt, as appropriate, com- mon alerting and warning protocols, stand- ards, 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 distribu- tion and content of communications on the basis of geographic location, risks, and mul- tiple communication systems and tech- nologies, as appropriate and to the extent technically feasible; (3) include in the public alert and warning system the capability to alert, warn, and pro- Page 179 TITLE 6—DOMESTIC SECURITY § 321o 1 So in original. Probably should be ‘‘functional’’. vide 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 ex- ercise programs of the Department, as ap- propriate; (B) establishing and integrating into the National Incident Management System a comprehensive and periodic training pro- gram to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol en- abled 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 Adminis- trators and emergency response providers; (8) consult and coordinate with the Federal Communications Commission, taking into ac- count rules and regulations promulgated by the Federal Communications Commission; and (9) coordinate with and consider the rec- ommendations of the Integrated Public Alert and Warning System Subcommittee estab- lished under section 2(b) of the Integrated Public Alert and Warning System Moderniza- tion Act of 2015. (c) System requirements The public alert and warning system shall— (1) to the extent determined appropriate by the Administrator, incorporate multiple com- munications technologies; (2) be designed to adapt to, and incorporate, future technologies for communicating di- rectly with the public; (3) to the extent technically feasible, be de- signed— (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 lim- ited-English 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 (6) to the extent feasible, include a mecha- nism 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 April 11, 2016, and annually thereafter through 2018, the Adminis- trator shall make available on the public website of the Agency a performance report, which shall— (A) establish performance goals for the im- plementation 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 in- dividuals with disabilities, individuals with access and function 1 needs, and indi- viduals 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 per- formance of the public alert and warning system with the performance goals estab- lished under subparagraph (A). (2) Congress The Administrator shall submit to the Com- mittee on Homeland Security and Govern- mental Affairs and the Committee on Com- merce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Represent- atives each report required under paragraph (1). (Pub. L. 107–296, title V, § 526, as added Pub. L. 114–143, § 2(a), Apr. 11, 2016, 130 Stat. 327.) Editorial Notes REFERENCES IN TEXT Section 2(b) of the Integrated Public Alert and Warn- ing System Modernization Act of 2015, referred to in subsec. (b)(9), is section 2(b) of Pub. L. 114–143, Apr. 11, 2016, 130 Stat. 329, which is not classified to the Code. Page 180 TITLE 6—DOMESTIC SECURITY § 321o–1 Statutory Notes and Related Subsidiaries CONSTRUCTION Pub. L. 114–143, § 2(d), Apr. 11, 2016, 130 Stat. 332, pro- vided that: ‘‘(1) DEFINITION.—In this subsection, the term ‘par- ticipating 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 [Apr. 11, 2016]. ‘‘(2) LIMITATIONS.—Nothing in this Act [enacting this section and provisions set out as a note under section 101 of this title], 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 Dis- aster 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 Depart- ment 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 au- thority 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 Communica- tions Commission after October 13, 2006; or ‘‘(E) to provide the Federal Emergency Manage- ment Agency with authority to require a State or local jurisdiction to use the integrated public alert and warning system of the United States.’’ § 321o–1. Integrated public alert and warning sys- tem (a) Definitions In this section— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Agency; (2) the term ‘‘Agency’’ means the Federal Emergency Management Agency; (3) the term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Transportation and Infrastructure of the House of Representa- tives; and (C) the Committee on Homeland Security of the House of Representatives; (4) the term ‘‘public alert and warning sys- tem’’ means the integrated public alert and warning system of the United States described in section 321o of this title; (5) the term ‘‘Secretary’’ means the Sec- retary of Homeland Security; and (6) the term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, Guam, American Samoa, the Common- wealth of the Northern Mariana Islands, and any possession of the United States. (b) Integrated public alert and warning system (1) In general Not later than 1 year after December 20, 2019, the Administrator shall develop min- imum requirements for State, Tribal, and local governments to participate in the public alert and warning system and that are nec- essary to maintain the integrity of the public alert and warning system, including— (A) guidance on the categories of public emergencies and appropriate circumstances that warrant an alert and warning from State, Tribal, and local governments using the public alert and warning system; (B) 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— (i) the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual; (ii) testing a State, Tribal, or local gov- ernment incident management and warn- ing tool without accidentally initiating an alert through the public alert and warning system; and (iii) steps a State, Tribal, or local gov- ernment official should take to mitigate the possibility of the issuance of a false alert through the public alert and warning system; (C) 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; (D) the annual training and recertification of emergency management personnel on re- quirements for originating and transmitting an alert through the public alert and warn- ing system; (E) the procedures, protocols, and guidance concerning the protective action plans that State, Tribal, and local governments shall issue to the public following an alert issued under the public alert and warning system; (F) the procedures, protocols, and guidance concerning the communications that State, Tribal, and local governments shall issue to the public following a false alert issued under the public alert and warning system; (G) a plan by which State, Tribal, and local government officials may, during an emergency, contact each other as well as Federal officials and participants in the Emergency Alert System and the Wireless Emergency Alert System, when appropriate and necessary, by telephone, text message, or other means of communication regarding an alert that has been distributed to the public; and (H) any other procedure the Administrator considers appropriate for maintaining the integrity of and providing for public con- fidence in the public alert and warning sys- tem. (2) Coordination with National Advisory Coun- cil report The Administrator shall ensure that the minimum requirements developed under para- graph (1) do not conflict with recommenda- tions made for improving the public alert and