II
117th CONGRESS
2d Session
S. 4968
IN THE SENATE OF THE UNITED STATES
September 27, 2022
Mr. Padilla (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To create an Active Shooter Alert Communications Network, and for other purposes.
Short title
This Act may be cited as the Active Shooter Alert Act of 2022
.
Definitions
In this Act:
Active shooter
The term active shooter means an individual who is engaged in killing or attempting to kill persons with a firearm in a populated area and who is determined to pose an active, imminent threat to people in that populated area.
Active Shooter Alert Communications Network; Network
The term Active Shooter Alert Communications Network or Network means an interconnected system of the Federal Government and State, Tribal, and local governments that is organized to provide information to the public, within geographically relevant areas, on active shooter situations.
Administrator of FEMA
The term Administrator of FEMA means the Administrator of the Federal Emergency Management Agency.
Advisory Panel
The term Advisory Panel means the Advisory Panel established under section 4(b).
Chairman of the FCC
The term Chairman of the FCC means the Chairman of the Federal Communications Commission.
Coordinator
The term Coordinator means the Active Shooter Alert Coordinator of the Department of Justice designated under section 3(a).
Populated area
The term populated area means a location where 1 or more persons other than the active shooter are present.
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.
National coordination of Active Shooter Alert Communications Network
Coordination within Department of Justice
Designation of coordinator
The Attorney General shall designate 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.
Title
The officer designated under paragraph (1) shall be known as the Active Shooter Alert Coordinator of the Department of Justice
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Duties
The Coordinator shall—
encourage Federal agencies and State, Tribal, and local government agencies to establish procedures to respond to an active shooter, including active shooter procedures relating to interstate or interjurisdictional travel (including airports and border crossing areas and checkpoints), and focus on Federal agencies and State, Tribal, and local governments that have not yet established such procedures; and
work with State, Tribal, and local governments to encourage appropriate regional and interjurisdictional coordination of various elements of the Network.
Goals
The Coordinator shall encourage the adoption of best practices established under section 4(a) by State, Tribal, and local governments for—
the development of policies and procedures to guide the use of mass alert systems, changeable message signs, or other information systems to notify local residents, motorists, travelers, and individuals in the vicinity of an active shooter;
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;
the coordination of State, Tribal, and local active shooter alert communications plans within a region for the use of mass alert systems relating to an active shooter;
the planning and designing of mass alert systems for multilingual communication with local residents, motorists, travelers, and individuals in the vicinity of an active shooter, which system may include the capability for issuing wide area alerts to local residents, motorists, travelers, and individuals in the vicinity of an active shooter;
the planning of systems and protocols to facilitate the efficient issuance of active shooter alerts and other key information to local residents, motorists, travelers, and individuals in the vicinity of an active shooter during times of day outside of normal business hours;
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 individuals in the vicinity of an active shooter; and
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 individuals sheltering in place near the active shooter.
Integrated Public Alert and Warning System
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.
Report
Not later than 18 months after the date of enactment of this Act, and every 2 years thereafter until each of State, Tribal, and local government has adopted an active shooter alert protocol, the Coordinator, in consultation with the Administrator of FEMA, the Secretary of Transportation, and the Chairman of the FCC, shall submit to Congress a report on—
the activities of the Coordinator; and
the effectiveness and status of the active shooter alert communications plan of each State, Tribal, and local government within each region in which such governments have coordinated their plans.
Standards for issuance and dissemination of alerts through active shooter alert communications network
Establishment of best practices
In general
Subject to subsection (c), the Coordinator, using the recommendations of the Advisory Panel and in coordination with the Administrator of FEMA, the Secretary of Transportation, the Chairman of the FCC, local broadcasters, and Federal, State, Tribal, and local law enforcement agencies, shall establish best practices for—
the issuance of alerts through the Network;
the extent of the dissemination of alerts issued through the Network; and
the achievement of the goals described in section 3(c).
Updating best practices
Review
Not less frequently than once every 5 years, the Coordinator shall review the best practices established under paragraph (1) to ensure that the best practices are consistent with updated data and recommendations on active shooter situations and technological advancements in the Integrated Public Alert and Warning System or other technologies.
Convening Advisory Panel
The Coordinator shall convene the Advisory Panel as necessary to provide updated recommendations if the Coordinator determines under subparagraph (A) that the best practices established under paragraph (1) need to be updated.
Advisory Panel
In general
Not later than 90 days after the date of enactment of this Act, the Coordinator shall establish an Advisory Panel to make recommendations with respect to the establishment of best practices under subsection (a).
Membership
The Advisory Panel shall be comprised of not fewer than 9 members, including—
not fewer than 5 law enforcement officers, including not less than 1 nonsupervisory law enforcement officer, who have responded to active shooter incidents and who represent rural, suburban, and urban communities;
not less than 1 public safety expert who is not a law enforcement officer and who has responded to an active shooter incident;
not less than 1 emergency response official who is not a law enforcement officer;
not less than 1 city planning expert; and
not less than 1 mental and behavioral health expert.
Recommendations
Not later than 15 months after the date of enactment of this Act, the Advisory Panel shall submit to Coordinator recommendations with respect to the establishment of best practices under subsection (a).
Limitations
In general
The best practices established under subsection (a) shall—
be adoptable on a voluntary basis only; and
to the maximum extent practicable (as determined by the Coordinator, in consultation with State, Tribal, and local law enforcement agencies), provide that—
appropriate information relating to an active shooter response is disseminated to the appropriate law enforcement, public health, communications, and other public officials; and
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.
No interference
In establishing best practices under subsection (a), the Coordinator may not interfere with systems of voluntary coordination between local broadcasters and State, Tribal, and local law enforcement agencies for improving and implementing the Network.
Comptroller General study on State responses to active shooter situations requiring the issuance of public alerts and warnings
Study
In general
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.
Contents
In conducting the study under paragraph (1), the Comptroller General shall address each of the following:
Differences between the definitions of the term active shooter
used by different States.
The amount of time it takes and the process in each State to receive approval from the State alerting officials after a local law enforcement agency requests the issuance of a public alert or warning, such as an AMBER Alert, a Blue Alert, or an Ashanti alert.
A comparison of the timing and effectiveness of the issuance of public alerts and warnings by State, Tribal, and local alerting officials.
Report to Congress
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the findings of the study conducted under subsection (a).
Authorization of appropriations
In general
There is authorized to be appropriated to the Attorney General to carry out this Act $2,000,000 for fiscal year 2023.
Availability of funds
Amounts appropriated under subsection (a) shall remain available until expended.
Limitation on liability
In general
Nothing in this Act may be construed to provide that a participating agency, or an officer, employee, or agent thereof, shall be liable for any act or omission pertaining to the Network.
State or other Federal law
Nothing in this section may be construed to limit the application of any State or other Federal law providing for liability for any act or omission pertaining to the Network.