affected or potentially affected by such a situa-
tion. 
(C) An alert shall transmit public address-
es by Federal, State, tribal, or local officials 
when necessary. 
(D) An alert shall notify the public of 
when the hazardous situation has ended or has 
been brought under control. 
(2) EVENT
ELIGIBILITY
REGULATIONS.—The 
director of the National Alert Office, in consultation 
with the Working Group, shall by regulation speci-
fy— 
(A) the classes of events or situations for 
which the National Alert System may be used 
to alert the public; and 
(B) the content of the types of alerts that 
may be transmitted by or through use of the 
National Alert System, which may include— 
(i) notifications to the public of a haz-
ardous situation that poses an imminent 
threat to the public health or safety accom-
panied by appropriate instructions for ac-
tions to be taken by individuals affected or 
potentially affected by such a situation; 
and 
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(ii) when technologically feasible pub-
lic addresses by Federal, State, tribal, or 
local officials if necessary. 
(c) ACCESS POINTS.—The National Alert System 
shall provide— 
(1) secure, widely dispersed multiple access 
points to Federal, State, or local government offi-
cials with credentials that will enable them to ini-
tiate alerts for transmission to the public via the 
National Alert System; and 
(2) system redundancies to ensure functionality 
in the event of partial system failures, power fail-
ures, or other interruptive events. 
(d) ELECTION TO CARRY SERVICE.— 
(1) AMENDMENT OF LICENSE.—Within 60 days 
after the date on which the National Alert Office 
adopts relevant technical standards based on rec-
ommendations of the Working Group, the Federal 
Communications Commission shall initiate a pro-
ceeding and subsequently issue an order— 
(A) to allow any licensee providing com-
mercial mobile service (as defined in section 
332(d)(1) of the Communications Act of 1934 
(47 U.S.C. 332(d)(1))) to transmit National 
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Alert System alerts to all subscribers to, or 
users of, such service; and 
(B) to require any such licensee who elects 
under paragraph (2) not to participate in the 
transmission of National Alert System alerts, to 
provide clear and conspicuous notice at the 
point of sale of any devices with which its serv-
ice is included, that it will not transmit Na-
tional Alert System alerts via its service. 
(2) ELECTION TO CARRY SERVICE.— 
(A) IN GENERAL.—Within 30 days after 
the Commission issues its order under para-
graph (1), each such licensee shall file an elec-
tion with the Commission with respect to 
whether or not it intends to participate in the 
transmission of National Alert System alerts. 
(B) PARTICIPATION.—If a licensee elects 
to participate in the transmission of National 
Alert System alerts, the licensee shall certify to 
the National Alert Office that it will participate 
in a manner consistent with the standards and 
protocols implemented by the National Alert 
Office. 
(C) ADVERTISING.—Nothing in this Act 
shall be construed to prevent a licensee from 
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advertising that it participates in the trans-
mission of National Alert System alerts. 
(D) WITHDRAWAL FROM OR LATER ENTRY 
INTO SYSTEM.—The Commission shall establish 
a procedure for— 
(i) participating licensees to withdraw 
from the National Alert System upon noti-
fication of its withdrawal to its existing 
subscribers; and 
(ii) licensees to enter the National 
Alert System at a date later than provided 
in subparagraph (A). 
(E) CONSUMER
CHOICE
TECHNOLOGY.— 
Any licensee electing to participate in the trans-
mission of National Alert System alerts may 
offer subscribers the capability of preventing 
the subscriber’s device from receiving alerts 
broadcast by the system other than an alert 
issued by the President. 
(e) DIGITAL TELEVISION TRANSMISSION TOWERS.— 
(1) RETRANSMISSION CAPABILITY.—Within 30 
days after the date of enactment of this Act, the 
Federal Communications Commission shall initiate a 
proceeding to require public broadcast television li-
censees and permittees to install necessary equip-
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ment and technologies on, or as part of, any broad-
cast television digital signal transmitter to enable 
the transmitter to serve as a backbone for the recep-
tion, relay, and retransmission of National Alert 
System alerts. 
(2) COMPENSATION.—The National Alert Office 
established by section 104 shall compensate any 
such licensee or permittee for costs incurred in com-
plying with the requirements imposed pursuant to 
paragraph (1). 
(f) FCC REGULATION OF COMPLIANCE.—Except as 
provided in subsections (d) and (e), the Federal Commu-
nications Commission shall have no regulatory authority 
under this Act except to regulate compliance with this Act 
by licensees and permittees regulated by the Commission 
under the Communications Act of 1934 (47 U.S.C. 151 
et seq.). 
(g) LIMITATION
OF LIABILITY.—Any person that 
participates in the transmission of National Alert System 
alerts and that meets its obligations under this Act shall 
not be liable to any subscriber to, or user of, such person’s 
service or equipment— 
(1) for any act or omission related to or any 
harm resulting from the transmission of, or failure 
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to transmit, a National Alert System alert to such 
subscriber or user; or 
(2) for the release to a government agency or 
entity, public safety, fire service, law enforcement of-
ficial, or emergency facility of subscriber information 
used in connection with delivering an alert. 
(h) TESTING.—The director shall establish testing 
criteria and guidelines for licensees that elect to partici-
pate in the transmission of National Alert System alerts. 
SEC. 4. NATIONAL ALERT OFFICE. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The National Alert Office is 
established within the National Telecommunications 
and Information Administration. 
(2) DIRECTOR.—The office shall be headed by 
a director with at least 5 years’ operational experi-
ence in the management and issuance of warnings 
and alerts, hazardous event management, or disaster 
planning. 
(3) STAFF.—The office shall have a staff with 
significant technical expertise in the communications 
industry. The director may request the detailing, 
with or without reimbursement, of staff from any 
appropriate Federal department or agency in order 
to ensure that the concerns of all such departments 
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and agencies are incorporated into the daily oper-
ation of the National Alert System. 
(b) FUNCTIONS AND RESPONSIBILITIES.— 
(1) IN GENERAL.—The Office shall administer, 
operate, and manage the National Alert System. 
(2) IMPLEMENTATION
OF
WORKING
GROUP 
RECOMMENDATIONS.—The Office shall be respon-
sible for implementing the recommendations of the 
Working Group established by section 105 regard-
ing— 
(A) the technical transmission of alerts; 
(B) the incorporation of new technologies 
into the National Alert System; 
(C) the technical capabilities of the Na-
tional Alert System; and 
(D) any other matters that fall within the 
duties of the Working Group. 
(3) TRANSMISSION OF ALERTS.—In administering 
the National Alert System, the director of the National 
Alert Office shall ensure that— 
(A) the National Alert System is available to, 
and enables, only Federal, State, tribal, or local gov-
ernment officials with credentials issued by the Na-
tional Alert Office under section 103 to access and 
utilize the National Alert System; 
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(B) the National Alert System is capable of 
providing geographically targeted alerts where such 
alerts are appropriate; 
(C) the legitimacy and authenticity of any prof-
fered alert is verified before it is transmitted; 
(D) each proffered alert complies with formats, 
protocols, and other requirements established by the 
Office to ensure the efficacy and usefulness of alerts 
transmitted via the National Alert System; 
(E) the security and integrity of a National 
Alert System alert from the point of origination to 
delivery is maintained; and 
(F) the security and integrity of the National 
Alert System is maintained and protected. 
(c) REPORTS.— 
(1) ANNUAL REPORTS.—The director shall sub-
mit an annual report to the Senate Committee on 
Commerce, Science, and Transportation, the House 
of Representatives Committee on Energy and Com-
merce, and the House of Representatives Committee 
on Science on the status of, and plans for, the Na-
tional Alert System. In the first annual report, the 
director shall report on— 
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(A) the progress made toward operational 
activation of the alerting capabilities of the Na-
tional Alert System; and 
(B) the anticipated date on which the Na-
tional Alert System will be available for utiliza-
tion by Federal, State, and local officials. 
(2) 5-YEAR
PLAN.—Within 1 year after the 
date of enactment of this Act and every 5 years 
thereafter, the director shall publish a 5-year plan 
that outlines future capabilities and communications 
platforms for the National Alert System. The plan 
shall serve as the long-term planning document for 
the Office. 
(d) GAO AUDITS.— 
(1) IN
GENERAL.—The Comptroller General 
shall audit the National Alert Office every 2 years 
after the date of enactment of this Act and transmit 
the findings thereof to the Senate Committee on 
Commerce, Science, and Transportation, the House 
of Representatives Committee on Energy and Com-
merce, and the House of Representatives Committee 
on Science. 
(2) RESPONSE REPORT.—If, as a result of the 
audit, the Comptroller General expresses concern 
about any matter addressed by the audit, the direc-
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tor of the National Alert Office shall transmit a re-
port to the Senate Committee on Commerce, 
Science, and Transportation, the House of Rep-
resentatives Committee on Energy and Commerce, 
and the House of Representatives Committee on 
Science describing what action, if any, the director 
is taking to respond to any such concern. 
SEC. 5. NATIONAL ALERT SYSTEM WORKING GROUP. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, the director of the Na-
tional Alert Office shall establish a working group, to be 
known as the National Alert System Working Group. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT; CHAIR.—The director shall 
appoint the members of the Working Group as soon 
as practicable after the date of enactment of this 
Act and shall serve as its chair. In appointing mem-
bers of the Working Group, the director shall ensure 
that the number of members appointed under para-
graph (5) provides appropriate and adequate rep-
resentation for all stakeholders and interested and 
affected parties. 
(2) FEDERAL
AGENCY
REPRESENTATIVES.— 
The director shall appoint appropriate personnel 
from the National Institute of Standards and Tech-
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nology, the National Oceanic and Atmospheric Ad-
ministration, the Federal Communications Commis-
sion, the Federal Emergency Management Agency, 
the Nuclear Regulatory Commission, and the De-
partment of Justice to serve as members of the 
Working Group. The director may also appoint rep-
resentatives of other appropriate Federal agencies to 
serve as members of the Working Group. 
(3) STATE, LOCAL, AND TRIBAL GOVERNMENT 
REPRESENTATIVES.—The director shall appoint rep-
resentatives of State, local, and tribal governments 
and representatives of emergency services personnel, 
selected from among individuals nominated by na-
tional organizations representing such governments 
and personnel, to serve as members of the Working 
Group. 
(4) SUBJECT MATTER EXPERTS.—The director 
shall appoint individuals who have the requisite tech-
nical knowledge and expertise to assist the Working 
Group in the fulfillment of its duties, including rep-
resentatives of— 
(A) communications service providers; 
(B) vendors, developers, and manufactur-
ers of systems, facilities; equipment, and capa-
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