---
kind: "section"
citation: "6 U.S.C. § 321o–1"
title: "6"
title_heading: "Domestic Security"
number: "321o–1"
heading: "Integrated public alert and warning system"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/321o-1"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter V — National Emergency Management"
---

# §321o–1. Integrated public alert and warning system

- (a) **Definitions—** In this section—
  - (1) the term “[Administrator](/usc/6/311.md?p=1)” means the [Administrator](/usc/6/311.md?p=1) of the [Agency](/usc/6/311.md?p=2);
  - (2) the term “[Agency](/usc/6/311.md?p=2)” means the Federal [Emergency Management](/usc/6/701.md?p=7) [Agency](/usc/6/311.md?p=2);
  - (3) the term “[appropriate congressional committees](/usc/6/101.md?p=2)” means—
    - (A) the Committee on [Homeland](/usc/6/101.md?p=1) Security and Governmental Affairs of the Senate;
    - (B) the Committee on Transportation and Infrastructure of the House of Representatives; and
    - (C) the Committee on [Homeland](/usc/6/101.md?p=1) Security of the House of Representatives;
  - (4) the term “public alert and warning system” means the integrated public alert and warning system of the [United States](/usc/6/101.md?p=19-A) described in [section 321o](/usc/6/321o.md) of this title;
  - (5) the term “[Secretary](/usc/6/101.md?p=16)” means the [Secretary](/usc/6/101.md?p=16) of [Homeland](/usc/6/101.md?p=1) Security; and
  - (6) the term “[State](/usc/6/101.md?p=17)” means any [State](/usc/6/101.md?p=17) of the [United States](/usc/6/101.md?p=19-A), the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the [United States](/usc/6/101.md?p=19-A).
- (b) **Integrated public alert and warning system—**
  - (1) **In general—** Not later than 1 year after December 20, 2019, the [Administrator](/usc/6/311.md?p=1) shall develop minimum requirements for [State](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13) to participate in the public alert and warning system and that are necessary to maintain the integrity of the public alert and warning system, including—
    - (A) guidance on the categories of public [emergencies](/usc/6/701.md?p=6) and appropriate circumstances that warrant an alert and warning from [State](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13) using the public alert and warning system;
    - (B) the procedures for [State](/usc/6/101.md?p=17), Tribal, and [local government](/usc/6/101.md?p=13) officials to authenticate civil [emergencies](/usc/6/701.md?p=6) and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols 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](/usc/6/101.md?p=17), Tribal, or [local government](/usc/6/101.md?p=13) [incident](/usc/6/677a.md?p=6) management and warning tool without accidentally initiating an alert through the public alert and warning system; and
      - (iii) steps a [State](/usc/6/101.md?p=17), Tribal, or [local government](/usc/6/101.md?p=13) 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](/usc/6/677a.md?p=6) management and warning tools used by [State](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13) to notify the public of an [emergency](/usc/6/701.md?p=6) through the public alert and warning system;
    - (D) the annual training and recertification of [emergency management](/usc/6/701.md?p=7) [personnel](/usc/6/101.md?p=15) on requirements for originating and transmitting an alert through the public alert and warning system;
    - (E) the procedures, protocols, and guidance concerning the protective action plans that [State](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13) 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](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13) shall issue to the public following a false alert issued under the public alert and warning system;
    - (G) a plan by which [State](/usc/6/101.md?p=17), Tribal, and [local government](/usc/6/101.md?p=13) officials may, during an [emergency](/usc/6/701.md?p=6), contact each other as well as Federal officials and participants in the [Emergency](/usc/6/701.md?p=6) Alert System and the Wireless [Emergency](/usc/6/701.md?p=6) 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](/usc/6/311.md?p=1) considers appropriate for maintaining the integrity of and providing for public confidence in the public alert and warning system.
  - (2) **Coordination with National Advisory Council report—** The [Administrator](/usc/6/311.md?p=1) shall ensure that the minimum requirements developed under [paragraph (1)](#b-1) do not conflict with recommendations made for improving the public alert and warning system provided in the report submitted by the National Advisory [Council](/usc/6/681.md?p=2) under section 2(b)(7)(B) of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114–143; 130 Stat. 332).
  - (3) **Public consultation—** In developing the minimum requirements under [paragraph (1)](#b-1), the [Administrator](/usc/6/311.md?p=1) shall ensure appropriate public consultation and, to the extent practicable, coordinate the development of the requirements with stakeholders of the public alert and warning system, including—
    - (A) appropriate [personnel](/usc/6/101.md?p=15) from [Federal agencies](/usc/6/677a.md?p=4), including the National Institute of Standards and Technology, the [Agency](/usc/6/311.md?p=2), and the Federal Communications Commission;
    - (B) representatives of [State](/usc/6/101.md?p=17) and [local governments](/usc/6/101.md?p=13) and [emergency](/usc/6/701.md?p=6) services [personnel](/usc/6/101.md?p=15), who shall be selected from among individuals nominated by national organizations representing those governments and [personnel](/usc/6/101.md?p=15);
    - (C) representatives of Federally recognized Indian tribes and national Indian organizations;
    - (D) communications service providers;
    - (E) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services;
    - (F) third-party service bureaus;
    - (G) the national organization representing the licensees and permittees of noncommercial broadcast television stations;
    - (H) technical experts from the broadcasting industry;
    - (I) educators from the [Emergency Management](/usc/6/701.md?p=7) Institute; and
    - (J) other individuals with technical expertise as the [Administrator](/usc/6/311.md?p=1) determines appropriate.
  - (4) **Advice to the administrator—** In accordance with the Federal Advisory Committee Act (5 U.S.C. App.),[^1] the [Administrator](/usc/6/311.md?p=1) may obtain advice from a single individual or non-consensus advice from each of the several members of a group without invoking that Act.
- (c) **Incident management and warning tool validation—**
  - (1) **In general—** The [Administrator](/usc/6/311.md?p=1) shall establish a process to ensure that an [incident](/usc/6/677a.md?p=6) management and warning tool used by a [State](/usc/6/101.md?p=17), Tribal, or [local government](/usc/6/101.md?p=13) to originate and transmit an alert through the public alert and warning system meets the requirements developed by the [Administrator](/usc/6/311.md?p=1) under [subsection (b)(1)](#b-1).
  - (2) **Requirements—** The process required to be established under [paragraph (1)](#c-1) shall include—
    - (A) the ability to test an [incident](/usc/6/677a.md?p=6) management and warning tool in the public alert and warning system lab;
    - (B) the ability to certify that an [incident](/usc/6/677a.md?p=6) management and warning tool complies with the applicable cyber frameworks of the [Department](/usc/6/101.md?p=5) of [Homeland](/usc/6/101.md?p=1) Security and the National Institute of Standards and Technology;
    - (C) a process to certify developers of [emergency management](/usc/6/701.md?p=7) software; and
    - (D) requiring developers to provide the [Administrator](/usc/6/311.md?p=1) with a copy of and rights of use for ongoing testing of each version of [incident](/usc/6/677a.md?p=6) management and warning tool software before the software is first used by a [State](/usc/6/101.md?p=17), Tribal, or [local government](/usc/6/101.md?p=13).
- (d) **Review and update of memoranda of understanding—** The [Administrator](/usc/6/311.md?p=1) shall review the memoranda of understanding between the [Agency](/usc/6/311.md?p=2) and [State](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13) with respect to the public alert and warning system to ensure that all agreements ensure compliance with the requirements developed by the [Administrator](/usc/6/311.md?p=1) under [subsection (b)(1)](#b-1).
- (e) **Future memoranda—** On and after the date that is 60 days after the date on which the [Administrator](/usc/6/311.md?p=1) issues the requirements developed under [subsection (b)(1)](#b-1), any new memorandum of understanding entered into between the [Agency](/usc/6/311.md?p=2) and a [State](/usc/6/101.md?p=17), Tribal, or [local government](/usc/6/101.md?p=13) with respect to the public alert and warning system shall comply with those requirements.
- (f) **Missile alert and warning authorities—**
  - (1) **In general—**
    - (A) **Authority—** On and after the date that is 120 days after December 20, 2019, the authority to originate an alert warning the public of a missile launch directed against a [State](/usc/6/101.md?p=17) using the public alert and warning system shall reside primarily with the Federal Government.
    - (B) **Delegation of authority—** The [Secretary](/usc/6/101.md?p=16) may delegate the authority described in [subparagraph (A)](#f-1-A) to a [State](/usc/6/101.md?p=17), Tribal, or local [entity](/usc/6/301c.md?p=2) if, not later than 180 days after December 20, 2019, the [Secretary](/usc/6/101.md?p=16) submits a report to the [appropriate congressional committees](/usc/6/101.md?p=2) that—
      - (i) it is not feasible for the Federal Government to alert the public of a missile threat against a [State](/usc/6/101.md?p=17); or
      - (ii) it is not in the national security interest of the [United States](/usc/6/101.md?p=19-A) for the Federal Government to alert the public of a missile threat against a [State](/usc/6/101.md?p=17).
    - (C) **Activation of system—** Upon verification of a missile threat, the President, utilizing established authorities, protocols and procedures, may activate the public alert and warning system.
    - (D) **Rule of construction—** Nothing in this paragraph shall be construed to change the command and control relationship between [entities](/usc/6/301c.md?p=2) of the Federal Government with respect to the identification, dissemination, notification, or alerting of information of missile threats against the [United States](/usc/6/101.md?p=19-A) that was in effect on the day before December 20, 2019.
  - (2) **Required processes—** The [Secretary](/usc/6/101.md?p=16), acting through the [Administrator](/usc/6/311.md?p=1), shall establish a process to promptly notify a [State](/usc/6/101.md?p=17) warning point, and any [State](/usc/6/101.md?p=17) [entities](/usc/6/301c.md?p=2) that the [Administrator](/usc/6/311.md?p=1) determines appropriate, following the issuance of an alert described in [paragraph (1)(A)](#f-1-A) so the [State](/usc/6/101.md?p=17) may take appropriate action to protect the health, safety, and welfare of the residents of the [State](/usc/6/101.md?p=17).
  - (3) **Guidance—** The [Secretary](/usc/6/101.md?p=16), acting through the [Administrator](/usc/6/311.md?p=1), shall work with the Governor of a [State](/usc/6/101.md?p=17) warning point to develop and implement appropriate protective action plans to respond to an alert described in [paragraph (1)(A)](#f-1-A) for that [State](/usc/6/101.md?p=17).
  - (4) **Study and report—** Not later than 1 year after December 20, 2019, the [Secretary](/usc/6/101.md?p=16) shall—
    - (A) 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](/usc/6/101.md?p=17) warning point so that a [State](/usc/6/101.md?p=17) may activate related protective action plans; and
    - (B) submit a report of the findings under [subparagraph (A)](#f-4-A), including of the costs and timeline for taking action to implement an alert designation described in [subparagraph (A)](#f-4-A), to—
      - (i) the Subcommittee on [Homeland](/usc/6/101.md?p=1) Security of the Committee on Appropriations of the Senate;
      - (ii) the Committee on [Homeland](/usc/6/101.md?p=1) Security and Governmental Affairs of the Senate;
      - (iii) the Subcommittee on [Homeland](/usc/6/101.md?p=1) Security of the Committee on Appropriations of the House of Representatives;
      - (iv) the Committee on Transportation and Infrastructure of the House of Representatives; and
      - (v) the Committee on [Homeland](/usc/6/101.md?p=1) Security of the House of Representatives.
- (g) **Use of integrated public alert and warning system lab—** Not later than 1 year after December 20, 2019, the [Administrator](/usc/6/311.md?p=1) shall—
  - (1) develop a program to increase the utilization of the public alert and warning system lab of the [Agency](/usc/6/311.md?p=2) by [State](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13) to test [incident](/usc/6/677a.md?p=6) management and warning tools and train [emergency management](/usc/6/701.md?p=7) professionals on alert origination protocols and procedures; and
  - (2) submit to the [appropriate congressional committees](/usc/6/101.md?p=2) a report describing—
    - (A) the impact on utilization of the public alert and warning system lab by [State](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13), with particular attention given to the impact on utilization in rural areas, resulting from the program developed under [paragraph (1)](#g-1); and
    - (B) any further recommendations that the [Administrator](/usc/6/311.md?p=1) would make for additional statutory or appropriations authority necessary to increase the utilization of the public alert and warning system lab by [State](/usc/6/101.md?p=17), Tribal, and [local governments](/usc/6/101.md?p=13).
- (h) **Awareness of alerts and warnings—** Not later than 1 year after December 20, 2019, the [Administrator](/usc/6/311.md?p=1) shall—
  - (1) conduct a review of the National Watch [Center](/usc/6/681.md?p=1) and each Regional Watch [Center](/usc/6/681.md?p=1) of the [Agency](/usc/6/311.md?p=2); and
  - (2) submit to the [appropriate congressional committees](/usc/6/101.md?p=2) a report on the review conducted under [paragraph (1)](#h-1), which shall include—
    - (A) an assessment of the technical capability of the National and Regional Watch [Centers](/usc/6/681.md?p=1) described in [paragraph (1)](#h-1) to be notified of alerts and warnings issued by a [State](/usc/6/101.md?p=17) through the public alert and warning system;
    - (B) a determination of which [State](/usc/6/101.md?p=17) alerts and warnings the National and Regional Watch [Centers](/usc/6/681.md?p=1) described in [paragraph (1)](#h-1) should be aware of; and
    - (C) recommendations for improving the ability of the National and Regional Watch [Centers](/usc/6/681.md?p=1) described in [paragraph (1)](#h-1) to receive any [State](/usc/6/101.md?p=17) alerts and warnings that the [Administrator](/usc/6/311.md?p=1) determines are appropriate.
- (i) **Reporting false alerts—** Not later than 15 days after the date on which a [State](/usc/6/101.md?p=17), Tribal, or [local government](/usc/6/101.md?p=13) official transmits a false alert under the public alert and warning system, the [Administrator](/usc/6/311.md?p=1) shall report to the [appropriate congressional committees](/usc/6/101.md?p=2) on—
  - (1) the circumstances surrounding the false alert;
  - (2) the content, cause, and population impacted by the false alert; and
  - (3) any efforts to mitigate any negative impacts of the false alert.
- (j) **Reporting participation rates—** The [Administrator](/usc/6/311.md?p=1) shall, on an annual basis, report to the [appropriate congressional committees](/usc/6/101.md?p=2) on—
  - (1) participation rates in the public alert and warning system; and
  - (2) any efforts to expand alert, warning, and [interoperable communications](/usc/6/311.md?p=6) to rural and underserved areas.
- (k) **Timeline for compliance—** Each [State](/usc/6/101.md?p=17) shall be given a reasonable amount of time to comply with any new rules, regulations, or requirements imposed under this section.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 116–92, div. A, title XVII, § 1756, Dec. 20, 2019, 133 Stat. 1855.)

## Notes

### Editorial Notes

### References in Text

Section 2(b)(7)(B) of the Integrated Public Alert and Warning System Modernization Act of 2015, referred to in subsec. (b)(2), is section 2(b)(7)(B) of Pub. L. 114–143, Apr. 11, 2016, 130 Stat. 332, which relates to submission of reports by the National Advisory Council and is not classified to the Code.

The Federal Advisory Committee Act, referred to in subsec. (b)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

### Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the Homeland Security Act of 2002 which comprises this chapter.