Active Shooter Alert Act of 2022
This bill requires a designated officer of the Department of Justice to act as the national coordinator of an Active Shooter Alert Communications Network regarding an emergency involving an active shooter.
The bill sets forth duties of the coordinator, including to work with state, tribal, and local governments to encourage coordination of various elements of the network. The coordinator must also encourage federal, state, local, and tribal government agencies to establish procedures for responding to active shooters.
Finally, the bill requires the Government Accountability Office to study and report on state and local responses to active shooters and situations requiring the issuance of a public alert or warning.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6538 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6538
To create an Active Shooter Alert Communications Network, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2022
Mr. Cicilline (for himself, Mr. Upton, Ms. Jackson Lee, Mrs. Spartz,
Mr. Thompson of California, Mr. Meijer, Mr. Deutch, and Ms. Mace)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To create an Active Shooter Alert Communications Network, 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 ``Active Shooter Alert Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Active shooter.--The term ``active shooter'' means an
individual actively engaged in killing or attempting to kill
people with a firearm in a populated area who poses an active,
imminent threat to people in that populated area.
(2) Administrator of fema.--The term ``Administrator of
FEMA'' means the Administrator of the Federal Emergency
Management Agency.
(3) Chairman of the fcc.--The term ``Chairman of the FCC''
means the Chairman of the Federal Communications Commission.
(4) Coordinator.--The term ``Coordinator'' means the Active
Shooter Alert Coordinator of the Department of Justice
designated under section 3(a).
(5) Network.--The term ``Network'' means the Active Shooter
Alert Communications Network described in section 3(a).
(6) Populated area.--The term ``populated area'' means a
location where one or more individuals are present.
(7) State.--The term ``State'' means any of the 50 States,
the District of Columbia, American Samoa, Guam, Puerto Rico,
the Northern Mariana Islands, the Virgin Islands of the United
States, and any other territory of the United States.
SEC. 3. NATIONAL COORDINATION OF ACTIVE SHOOTER ALERT COMMUNICATIONS
NETWORK.
(a) Coordination Within Department of Justice.--The Attorney
General shall assign an officer of the Department of Justice to act as
the national coordinator of the Active Shooter Alert Communications
Network regarding an emergency involving an active shooter. The officer
so designated shall be known as the Active Shooter Alert Coordinator of
the Department of Justice.
(b) Duties.--In acting as the national coordinator of the Network,
the Coordinator, in coordination with the Administrator of FEMA, the
Secretary of Transportation, and the Chairman of the FCC, shall--
(1) seek to eliminate instances in which States and local
governments do not have procedures to respond to an active
shooter, including active shooter procedures relating to
interstate travel (including airports, maritime ports, border
crossing areas and checkpoints, and ports of exit from the
United States);
(2) work with States and Tribal governments to encourage
the development of additional elements (known as local Active
Shooter Alert communications plans) in the Network; and
(3) work with States and Tribal governments to encourage
appropriate regional coordination of various elements of the
Network.
(c) Goals.--The Coordinator shall encourage the adoption of best
practices established under section 4(a) in States, Tribal governments,
and units of local government for--
(1) the development of general policies and procedures to
guide the use of mass alert systems or other information
systems to notify local residents, motorists, travelers, and
others in the vicinity when there is an active shooter;
(2) the development of guidance or policies on the content
and format of alert messages to be conveyed on mass alert
systems, changeable message signs, or other information systems
relating to an active shooter;
(3) the coordination of State, regional, and local plans
for the use of active shooting alert systems or other emergency
response mechanisms;
(4) the development of a secure and reliable communications
protocols among law enforcement, public safety, public health,
and transportation agencies or the modification of existing
communications systems to support the notification of local
residents, motorists, travelers, and those in the vicinity of
an active shooter;
(5) the planning and designing of improved systems for
multilingual communication with local residents, motorists,
travelers, and those individuals in the vicinity of an active
shooter, including the capability for issuing wide area alerts
to local residents, motorists, travelers, and those individuals
in the vicinity of an active shooter;
(6) the planning of systems and protocols to facilitate the
efficient issuance of active shooter notifications and other
key information to local residents, motorists, travelers, and
those individuals in the vicinity of an active shooter during
off-hours;
(7) the provision of training and guidance to
transportation authorities to facilitate the appropriate use of
mass alert systems and other information systems for the
notification of local residents, motorists, travelers, and
those individuals in the vicinity of an active shooter; and
(8) the development of appropriate mass alert systems to
ensure that alerts sent to individuals in the immediate
vicinity of an active shooter do not alert the active shooter
to the location of those individuals sheltering in place around
the active shooter.
(d) Coordination With the Federal Emergency Management Agency,
Department of Transportation, and the Federal Communication
Commission.--In carrying out duties under subsection (b), the
Coordinator shall notify and coordinate with the Administrator of FEMA,
the Secretary of Transportation, and the Chairman of the FCC on using
the Integrated Public Alert and Warning System to issue alerts for the
Network.
(e) Cooperation.--The Coordinator shall coordinate with the
Administrator of FEMA, the Secretary of Transportation, and the
Chairman of the FCC in carrying out activities under this section.
(f) Report.--Not later than 18 months after the date of enactment
of this Act, and every 2 years thereafter until such time as each of
the States and Tribal governments have adopted an active shooter alert
protocol, the Coordinator, in consultation with the Administrator of
FEMA, shall submit to Congress a report on the activities of the
Coordinator and the effectiveness and status of the local Active
Shooter Alert communications plan of each State and Tribal government
that has implemented such a plan.
SEC. 4. STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS THROUGH
ACTIVE SHOOTER ALERT COMMUNICATIONS NETWORK.
(a) Establishment of Best Practices.--Subject to subsection (b),
the Coordinator, in coordination with the Administrator of FEMA, the
Secretary of Transportation, and the Chairman of the FCC, shall
establish best practices for--
(1) the issuance of alerts through the Network;
(2) the extent of the dissemination of alerts issued
through the Network; and
(3) the goals described in section 3(c).
(b) Limitations.--
(1) In general.--The best practices established under
subsection (a) shall--
(A) be adoptable on a voluntary basis only; and
(B) to the maximum extent practicable (as
determined by the Coordinator in consultation with
State, Tribal, and local law enforcement agencies),
provide that--
(i) appropriate information relating to an
active shooter response is disseminated to the
appropriate law enforcement, public health,
communications, and other public officials; and
(ii) the dissemination of an alert through
the Network be limited to the geographic areas
most likely to be affected by, or able to
respond to, an active shooter situation.
(2) No interference.--In establishing best practices under
subsection (a), the Coordinator may not interfere with the
current system of voluntary coordination between local
broadcasters and State, Tribal, and local law enforcement
agencies for improving and implementing the Network.
(c) Coordination.--The Coordinator shall coordinate with local
broadcasters and Federal, State, Tribal, and local law enforcement
agencies in establishing best practices under this section.
SEC. 5. COMPTROLLER GENERAL STUDY ON STATE RESPONSES TO ACTIVE SHOOTER
SITUATIONS REQUIRING THE ISSUANCE OF PUBLIC ALERTS AND
WARNINGS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on State and local responses to active shooters and
situations requiring the issuance of a public alert or warning. Such
study shall address each of the following:
(1) Differences between the definitions of ``active
shooter'' used by different States.
(2) The amount of time it takes and the process in each
State to receive approval from the State alerting officials
after local law enforcement agencies request the issuance of a
public alert or warning, such as an AMBER Alert, Blue Alert, or
Ashanti alert.
(3) A comparison of the timing and effectiveness of the
issuance of public alerts and warnings by State alerting
officials and the issuance of such alerts and warnings by local
jurisdictions.
(b) Report to Congress.--Not later than 24 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report containing the findings of the study
conducted under subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Attorney General $2,000,000 for fiscal year 2023 to carry out this Act.
(b) Availability of Funds.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) shall remain
available until expended.
SEC. 7. LIMITATION ON LIABILITY.
Nothing in this Act shall be construed to create, or serve as the
basis for, additional liability for any participating agency, or their
officers, employees, or agents, beyond existing applicable State and
Federal laws and regulations.
<all>
Mr. Cicilline moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5701-5707)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6538.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5809-5810; text: CR H5701-5702)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 259 - 162 (Roll no. 289).
Roll Call #289 (House)On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 259 - 162 (Roll no. 289).
Roll Call #289 (House)Rules Committee Resolution H. Res. 1224 Reported to House. Rule provides for consideration of H.R. 7900, S. 3373, H.R. 8296, H.R. 8297 and H.R. 6538 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Specified amendments are in order.
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Rule H. Res. 1224 passed House.
Considered under the provisions of rule H. Res. 1224. (consideration: CR H5993-6001)
Rule provides for consideration of H.R. 7900, S. 3373, H.R. 8296, H.R. 8297 and H.R. 6538 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Specified amendments are in order.
DEBATE - The House proceeded with one hour of debate on H.R. 6538.
DEBATE - The House resumed with debate on H.R. 6538.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 6538, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Jordan demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H6287-6288)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 260 - 169 (Roll no. 307).(text: CR H5993-5994)
Roll Call #307 (House)On passage Passed by the Yeas and Nays: 260 - 169 (Roll no. 307). (text: CR H5993-5994)
Roll Call #307 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.