[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4968 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4968

To create an Active Shooter Alert Communications Network, and for other 
                               purposes.


_______________________________________________________________________


                   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.

    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 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.
            (2) 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.
            (3) Administrator of fema.--The term ``Administrator of 
        FEMA'' means the Administrator of the Federal Emergency 
        Management Agency.
            (4) Advisory panel.--The term ``Advisory Panel'' means the 
        Advisory Panel established under section 4(b).
            (5) Chairman of the fcc.--The term ``Chairman of the FCC'' 
        means the Chairman of the Federal Communications Commission.
            (6) Coordinator.--The term ``Coordinator'' means the Active 
        Shooter Alert Coordinator of the Department of Justice 
        designated under section 3(a).
            (7) Populated area.--The term ``populated area'' means a 
        location where 1 or more persons other than the active shooter 
        are present.
            (8) 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.--
            (1) 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.
            (2) Title.--The officer designated under paragraph (1) 
        shall be known as the ``Active Shooter Alert Coordinator of the 
        Department of Justice''.
    (b) Duties.--The Coordinator shall--
            (1) 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
            (2) work with State, Tribal, and local governments to 
        encourage appropriate regional and interjurisdictional 
        coordination of various elements of the Network.
    (c) Goals.--The Coordinator shall encourage the adoption of best 
practices established under section 4(a) by State, Tribal, and local 
governments for--
            (1) 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;
            (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, Tribal, and local active 
        shooter alert communications plans within a region for the use 
        of mass alert systems relating to an active shooter;
            (4) 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;
            (5) 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;
            (6) 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
            (7) 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.
    (d) 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.
    (e) 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--
            (1) the activities of the Coordinator; and
            (2) 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.

SEC. 4. STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS THROUGH 
              ACTIVE SHOOTER ALERT COMMUNICATIONS NETWORK.

    (a) Establishment of Best Practices.--
            (1) 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--
                    (A) the issuance of alerts through the Network;
                    (B) the extent of the dissemination of alerts 
                issued through the Network; and
                    (C) the achievement of the goals described in 
                section 3(c).
            (2) Updating best practices.--
                    (A) 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.
                    (B) 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.
    (b) Advisory Panel.--
            (1) 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).
            (2) Membership.--The Advisory Panel shall be comprised of 
        not fewer than 9 members, including--
                    (A) 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;
                    (B) not less than 1 public safety expert who is not 
                a law enforcement officer and who has responded to an 
                active shooter incident;
                    (C) not less than 1 emergency response official who 
                is not a law enforcement officer;
                    (D) not less than 1 city planning expert; and
                    (E) not less than 1 mental and behavioral health 
                expert.
            (3) 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).
    (c) 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 systems 
        of voluntary coordination between local broadcasters and State, 
        Tribal, and local law enforcement agencies for improving and 
        implementing the Network.

SEC. 5. COMPTROLLER GENERAL STUDY ON STATE RESPONSES TO ACTIVE SHOOTER 
              SITUATIONS REQUIRING THE ISSUANCE OF PUBLIC ALERTS AND 
              WARNINGS.

    (a) Study.--
            (1) 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.
            (2) Contents.--In conducting the study under paragraph (1), 
        the Comptroller General shall address each of the following:
                    (A) Differences between the definitions of the term 
                ``active shooter'' used by different States.
                    (B) 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.
                    (C) A comparison of the timing and effectiveness of 
                the issuance of public alerts and warnings by State, 
                Tribal, and local alerting officials.
    (b) 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).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Attorney General to carry out this Act $2,000,000 for fiscal year 2023.
    (b) Availability of Funds.--Amounts appropriated under subsection 
(a) shall remain available until expended.

SEC. 7. LIMITATION ON LIABILITY.

    (a) 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.
    (b) 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.
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