[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.
<all>