[House Report 117-379]
[From the U.S. Government Publishing Office]


117th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     117-379

======================================================================



 
                    ACTIVE SHOOTER ALERT ACT OF 2022

                                _______
                                

 June 21, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 6538]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 6538) to create an Active Shooter Alert 
Communications Network, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for the Legislation..........................     4
Hearings.........................................................     9
Committee Consideration..........................................    10
Committee Votes..................................................    10
Committee Oversight Findings.....................................    12
Committee Estimate of Budgetary Effects..........................    12
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................    12
Duplication of Federal Programs..................................    12
Performance Goals and Objectives.................................    12
Advisory on Earmarks.............................................    12
Section-by-Section Analysis......................................    12
Minority Views...................................................    14

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

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) 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, an interconnected system of 
        Federal, State, Tribal, and local governments that is organized 
        to provide information to the public, within geographically 
        relevant areas, on active shooter situations.
          (6) Populated area.--The term ``populated area'' means a 
        location where one or more persons other than the active 
        shooter 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.--The Coordinator shall--
          (1) encourage Federal, 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 
        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) in 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 such time as each of the 
State, Tribal, and local governments have adopted an active shooter 
alert protocol, the Coordinator, in consultation with the Administrator 
of FEMA, 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 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.--
          (1) In general.--Subject to subsection (c), the Coordinator, 
        using the recommendations of the Advisory Panel established 
        under subsection (b) 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.--The Coordinator shall review 
        the best practices established under paragraph (1) no less 
        frequently than every 5 years to ensure 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. The Coordinator shall convene the Advisory Panel 
        as necessary to provide updated recommendations if the best 
        practices are 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 at 
        least 9 members, including--
                  (A) at least 5 law enforcement officers, including at 
                least one nonsupervisory law enforcement officer, who 
                have responded to active shooter incidents and who 
                represent rural, suburban, and urban communities;
                  (B) at least 1 public safety expert who is not a law 
                enforcement officer and who has responded to an active 
                shooter incident;
                  (C) at least 1 emergency response official who is not 
                a law enforcement officer;
                  (D) at least 1 city planning expert; and
                  (E) at least 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.--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 the term ``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 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.
          (3) 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 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 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.

                          Purpose and Summary

    H.R. 6538, the ``Active Shooter Alert Act of 2022,'' would 
adapt an existing alert system to establish an Active Shooter 
Alert Network, enabling law enforcement to send active shooter 
alerts within their communities. This legislation tasks the 
Department of Justice with the creation of a network for state 
and local law enforcement to send geo-targeted active shooter 
alerts through the Integrated Public Alert and Warning System 
(IPAWS)--the infrastructure currently used for America's 
Missing: Broadcast Emergency Response (AMBER) Alerts and severe 
storm warnings--to better warn the public of ongoing, active 
shooter incidents. It provides for the establishment of best 
practices for law enforcement agencies who choose to use this 
existing infrastructure for active shooter incidents. It also 
requires the Attorney General to appoint an Active Shooter 
Alert Coordinator within the Department of Justice to 
coordinate and develop the best practices, along with an 
advisory panel, and provide support for the implementation of 
active shooter alert systems.

                Background and Need for the Legislation


                      I. ACTIVE SHOOTER INCIDENTS

    In general, an active shooter incident involves ``one or 
more individuals actively engaged in killing or attempting to 
kill people in a populated area.''\1\ Active shooter situations 
place a significant strain on law enforcement agencies who must 
devote resources both to containing and apprehending the active 
shooter as well as preventing additional victims from 
unknowingly entering the line of fire. Law enforcement needs 
the ability to notify the public about an active shooter 
incident, whether to avoid a particular area, shelter in place, 
or announce when the area has been restored to safety. Though 
some jurisdictions around the country have local active shooter 
alert systems, these programs face messaging delays and low 
enrollment, and are not necessarily governed by expert-
developed best practices.\2\
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    \1\Federal Bureau of Investigation, Active Shooter Incidents in the 
United States in 2020 (May, 24, 2021), https://www.fbi.gov/file-
repository/active-shooter-incidents-in-the-us-2020-070121.pdf/view.
    \2\See e.g., The City of Virginia Beach--An Independent Review of 
the Tragic Events of May 31, 2019, Hillard Heintze LLC 86 (November 13, 
2019) https://www.vbgov.com/government/
departments/city-auditors-office/Documents/
Hillard%20Heintze%20Final%20Report%20for%20 Virginia%20Beach%2011-13-
2019.pdf (noting the City of Virginia Beach elected not to use the 
local notification system, VBAlert, because of low enrollment).
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    Active shooter incidents have been on the rise over the 
last two decades.\3\ The Federal Bureau of Investigation (FBI) 
tracks active shooter incidents across the nation. Between 2000 
and 2020, the FBI designated 373 shooting events across 43 
states and the District of Columbia, leading to 1,100 people 
killed and 1,915 wounded.\4\ Between 2016 and 2020, the FBI 
reported a 100% increase in active shooter incidents with a 33% 
increase between 2019 and 2020 alone.\5\
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    \3\See Active Shooter Incidents 20 Years in Review 2000-2019, 
Federal Bureau of Investigation (February 2021), https://www.fbi.gov/
file-repository/active-shooter-incidents-20-year-review-2000-2019-
060121.pdf/view (finding the last three years of the reported range had 
the most active shooter incidents of the two decades examined).
    \4\See Federal Bureau of Investigation, Active Shooter Incidents in 
the United States in 2020, supra note 1 (designating 40 active shooter 
incidents in 2020); Federal Bureau of Investigation, Active Shooter 
Incidents 20 Years in Review 2000-2019, supra note 3 (designating 333 
active shooter incidents between 2000 and 2019).
    \5\See Federal Bureau of Investigation, Active Shooter Incidents in 
the United States in 2020, supra note 1; Federal Bureau of 
Investigation, Active Shooter Incidents 20 Years in Review 2000-2019, 
supra note 3.
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    In 2021, the FBI designated 61 shooting incidents as active 
shooter incidents. In these incidents, 103 people were killed 
and 140 wounded, excluding the perpetrators.\6\ The number of 
active shooter incidents identified in 2021 represents a 52.5% 
increase from 2020 and a 96.8% increase from 2017.\7\ Casualty 
counts are higher for 2021 (243) when compared with 2020 (164), 
indicating a 48% increase.\8\ The casualties in 2021 represent 
the third highest total casualty count over the last five years 
(2017-2021).\9\ And 2021 saw the highest number of deaths (103) 
since 2017, a 171.1% increase from 2020, and above the average 
(92.3) for the period 2017-2020.\10\
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    \6\Federal Bureau of Investigation, Active Shooter Incidents in the 
United States in 2021 (May 24, 2022), https://www.fbi.gov/file-
repository/active-shooter-incidents-in-the-us-2021-052422.pdf/view.
    \7\Id.
    \8\Id.
    \9\Id.
    \10\Id.
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    Responding to an active shooter event can be chaotic, 
especially when the incident is not confined to one location. 
Because an active shooter may be mobile and cross 
jurisdictional lines, law enforcement officers must also 
contend with competing or overlapping jurisdictions while 
keeping the public informed.\11\ The FBI recently identified an 
emerging trend involving roving active shooters--perpetrators 
who shoot in multiple locations, either in one day or in 
various locations over several days.\12\ Approximately 27 
incidents in 2021 involved an active shooter targeting people 
in multiple locations, either in one day or in various 
locations over several days.\13\
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    \11\See e.g., Frank Straub, et al, Managing the Response to a 
Mobile Mass Shooting--A Critical Incident Review of the Kalamazoo, 
Michigan, Public Safety Response to the February 20, 2016 Mass Shooting 
Incident, Police Foundation 27 (April 2017), https://
www.policinginstitute.org/wp-content/uploads/2017/05/PF_Managing-the-
Response-to-a-Mobile-Mass-Shooting_5.10.17.pdf (describing how a mobile 
active shooter may involve local, county, and state agencies releasing 
varying degrees of information to the public about the same ongoing 
incident).
    \12\Federal Bureau of Investigation, Active Shooter Incidents in 
the United States in 2021 (May 24, 2022), https://www.fbi.gov/file-
repository/active-shooter-incidents-in-the-us-2021-052422.pdf/view.
    \13\Id.
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A. Kalamazoo, Michigan

    In February 2016, a perpetrator went on a seven-hour 
shooting spree in Kalamazoo, Michigan, killing six and injuring 
two people while driving for Uber.\14\ Once the Kalamazoo 
Department of Public Safety had a potential suspect, the 
department posted an alert to its public Facebook page warning 
the public to be cautious.\15\ However, few saw the post and 
the shooter continued picking up passengers for two more hours 
before his arrest.\16\ The Police Foundation's after-action 
report found Kalamazoo authorities' social media posts were 
insufficient to alert potential victims, creating the potential 
for viral misinformation to hamper law enforcement efforts.\17\
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    \14\Kevin Conlon and Nick Valencia, Kalamazoo Uber driver picked up 
fares between killings, source says, CNN (February 22, 2016) https://
www.cnn.com/2016/02/21/us/michigan-kalamazoo-county-shooting-spree/
index.html.
    \15\Frank Straub, et al, supra note 11, at 29.
    \16\Id.
    \17\Id.
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B. Midland and Odessa, Texas

    In August 2019, a perpetrator went on a 15-mile-wide mobile 
shooting spree in Midland and Odessa, Texas.\18\ Police knew 
the shooter's vehicle information and general whereabouts, but 
they had no way to effectively alert those in the area to 
proactively take cover.\19\ In response, Texas enacted an 
active shooter alert program allowing local law enforcement to 
work with the Texas Department of Public Safety to notify the 
public of nearby active shooter situations and encourage them 
to avoid the area or to shelter-in-place.\20\
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    \18\Paul J. Weber and Jake Bleiberg, Police say no explanation yet 
for Texas shooting frenzy, AP News (September 1, 2019) https://
apnews.com/article/shootings-us-news-ap-top-news-odessa-tx-state-wire-
e765453e0fc34cbbb75311763d4b3709.
    \19\See Jonathan Polasek and Zach Leff, Governor Abbott signs 
Landgraf's `Active Shooter Alert' bill into Law, NewsWest9 (May 25, 
2021) https://www.newswest9.com/article/news/local/governor-abbott-
signs-landgrafs-active-shooter-alert-bill-into-law/513-4330b129-1e6e-
44b4-9678-814f28b5d409 (``This alert system could have save the lives 
of some . . . in 2019.'').
    \20\Id.
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C. Brooklyn, New York

    In April 2022, a shooter entered a subway train car during 
rush-hour commute time, releasing two smoke grenades, then 
fired a gun at least 33 times indiscriminately inside the train 
car injuring more than 20 individuals.\21\ The New York Police 
Department (NYPD) identified a suspect and communicated this 
information through the NYPD Police Commissioner's Twitter 
account. The tweet included photos of the suspect and read: 
``Frank Robert James is WANTED for the shooting on the N line 
subway train in #Brooklyn that wounded 10 people. We need these 
photos shared far and wide to help our great detectives bring 
him to justice.''\22\ Officials also issued an alert via SMS 
text that provided the perpetrator's description via the city's 
alert messaging system, Notify NYC, which included a 
description of the shooter and information on how to make 
reports.\23\ Police searched for the suspect for approximately 
30 hours and ultimately apprehended him using a tip the 
perpetrator submitted himself and a 911 call made by an 
individual who recognized the suspect from descriptions 
provided in reporting.\24\
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    \21\Brynn Gingras, Pervaiz Shallwani, Mark Morales, Kristina 
Sgueglia, Eric Levenson, Amir Vera and Shimon Prokupecz, A quiet 
morning commute on a Brooklyn subway quickly became a `war zone' 
leaving more than 20 people injured, NYC mayor says, CNN (April 13, 
2022) https://www.cnn.com/2022/04/12/us/brooklyn-subway-shooting/.
    \22\Twitter, Commissioner Sewell, April 13, 2022, 10:13am, https://
twitter.com/NYPDPC/status/1514247770164629506.
    \23\Christina Maxouris, Inside the 30-hour search for the Brooklyn 
subway shooting suspect, CNN (April 14, 2022) https://www.cnn.com/2022/
04/14/us/brooklyn-subway-suspect-frank-james-inside-investigators-
search/.
    \24\Michael R. Sisak, Michael Balsamo and Jennifer Peltz, Brooklyn 
subway suspect tipped off police to his location, AP News (April 13, 
2022) https://apnews.com/article/police-hunt-brooklyn-subway-gunman-
8b4e1efee5d08c06050c7b09172829d3.
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D. Washington, D.C.

    In April 2022, a shooter set up a ``sniper-type'' attack on 
individuals in northwest Washington, D.C. by using a tripod to 
hold a rifle and firing indiscriminately at individuals walking 
below his apartment.\25\ Four individuals walking on the street 
below were injured during this attack. The D.C. Metropolitan 
Police Department communicated about the status of this attack 
primarily through its Twitter account.\26\ MPD tweeted that 
people should ``avoid the area and shelter in place,'' while 
police responded to the shooter.\27\ Officers conducted door-
to-door searches of surrounding buildings and eventually found 
the perpetrator dead in his apartment along with multiple 
firearms and ammunition.\28\
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    \25\Michael Balsamo and Carole Feldman, Suspect found dead after 
shooting 4, causing panic in DC, ABC News (April 23, 2022) https://
abcnews.go.com/US/wireStory/police-shot-northwest-dc-84250672.
    \26\NBC Washington Staff, Suspect in `Sniper-Type' Shooting Dead in 
Van Ness Apartment Building, 4 Injured: DC Police, NBC Washington 
(April 23, 2022) https://www.nbcwashington.com/news/local/at-least-2-
people-shot-in-northwest-dc-police/3032453/.
    \27\ @DCPoliceDept ``4:27 pm Update: There have been at least 3 
victims located of two adult males and one juvenile female. Please 
continue to avoid the area and shelter in place.'' April 22, 2022, 
4:27pm.Tweet.
    \28\Ginger Adams Otis, Suspected Gunman in Washington, D.C., 
Shooting Found Dead, Wall Street Journal (April 23, 2022) https://
www.wsj.com/articles/suspected-gunman-in-washington-d-c-shooting-found-
dead-11650729184.
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              II. SUPPORT FOR ACTIVE SHOOTER ALERT SYSTEMS

    Law enforcement and other independent review commissions 
examining active shooter incidents have recognized the need for 
an active shooter alert system calling for ``a version of a 
storm warning or AMBER Alert system''\29\ or ``an effective 
communications system through which everyone . . . [can] 
immediately react to . . . [an] active assailant response 
notification.''\30\ Law enforcement organizations have endorsed 
H.R. 6538 as an important tool to ``improve the ways officers 
and agencies communicate with the public about active threats'' 
including notifying the public about an incident, and whether 
to ``avoid a certain area, shelter in place, or announce the 
area is once again safe.''\31\ The National Sherriffs' 
Association, the Major Cities Chiefs Association, the National 
Association of Police Organizations, the Fraternal Order of 
Police, the National Police Foundation, and the National 
District Attorneys Association have endorsed this 
legislation,\32\ in addition to multiple statewide law 
enforcement organizations.
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    \29\ Rick Braziel, et al, Bringing Calm to Chaos--Acritical 
incident review of the San Bernardino public safety response to the 
December 2, 2015 terrorist shooting incident at the Inland Regional 
Center, Police Foundation 134 (2016), https://
www.policinginstitute.org/wp-content/uploads/2016/09/Bringing-Calm-to-
Chaos-Final-1.pdf.
    \30\ Marjory Stoneman Douglas High School Public Safety Commission, 
Initial Report, at 85 (January 2, 2019) https://www.fdle.state.fl.us/
MSDHS/CommissionReport.pdf.
    \31\Patrick Yotes, Letter to Congress Regarding H.R. 6538, the 
``Active Shooter Alert Act,'' NationalFraternalOrderofPolice(January 
28, 2022) https://fop.net/letter/active-shooter-alert-act/.
    \32\See Cicilline, Upton Introduce Bipartisan Active Shooter Alert 
Act, Office of Congressman David Cicilline (February 1, 2022), https://
cicilline.house.gov/press-release/cicilline-upton-introduce-bipartisan-
active-shooter-alert-act.
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          III. AVAILABLE TECHNOLOGIES BEYOND TRADITIONAL MEDIA

A. Integrated Public Alert and Warning System (IPAWS)

    The Federal Emergency Management Agency (FEMA) manages 
IPAWS, which has the capability to send Wireless Emergency 
Alerts (WEA) to mobile devices in a locally targeted area.\33\ 
IPAWS is FEMA's national system for local alerting that 
provides authenticated emergency and life-saving information to 
the public. WEA is a partnership between FEMA, the Federal 
Communications Commission (FCC), and wireless providers to 
enhance public safety. WEAs are short, authenticated, emergency 
messages from authorized government entities that can be 
received without an additional app or subscription service and 
are default opt-in for mobile phone users.\34\ These targeted 
alerts warn the public of imminent threats: natural or human-
made disasters, extreme weather events, active shooters, or 
other emergency situations, such as AMBER Alerts.\35\
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    \33\Federal Emergency Management Agency, Wireless Emergency Alerts 
(2020), https://www.fema.gov/emergency-managers/practitioners/
integrated-public-alert-warning-system/public/wireless-emergency-
alerts.
    \34\Id.
    \35\Id.
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    For people with a smartphone, IPAWS typically has an opt-
out system, meaning smartphone users will receive messages 
unless they affirmatively unsubscribe from IPAWS in their phone 
settings. Smartphones automatically receive the alerts, which 
are sent through a program with few to no delays. IPAWS also 
has precise geolocating technology, which can send alerts to 
specific locations down to 0.1 miles. Most law enforcement 
agencies are familiar with IPAWS and have systems in place to 
use it.\36\ H.R. 6538 would create protocols and best practices 
to utilize this existing infrastructure for active shooter 
situations.
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    \36\Federal Emergency Management Agency, Wireless Emergency Alerts, 
supra note 28.
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B. Other SMS Alerts

    Distinct from the IPAWS system, state and local governments 
may offer opt-in local notification systems to provide local 
community alerts and warnings.\37\ Unlike IPAWS, these programs 
typically require people to affirmatively opt-in for 
notifications. For example, New York City's Notify NYC requires 
New Yorkers to create accounts and submit a cell phone number 
to receive alerts via SMS text.\38\ While subscribers will 
receive text message alerts, these local notification systems 
must locate each recipient individually, do not generally have 
the IPAWS geotargeting capabilities, and rely on subscribers to 
register their location preferences.\39\
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    \37\See e.g., Massachusetts Emergency Management Agency, Be 
Informed and Receive Emergency Alerts (2022), https://www.mass.gov/
info-details/be-informed-and-receive-emergency-alerts (discussing local 
notification systems available in some communities).
    \38\ City of New York, NotifyNYC (2022), https://a858-
nycnotify.nyc.gov/Home/EnrollmentInfo; accord Oregon Office of 
Emergency Management, OR-Alert (2022), https://oralert.gov.
    \39\E.g., City of New York, Frequently Asked Questions, NotifyNYC 
(2022), https://a858-nycnotify.nyc.gov/NotifyNYC/Home/FAQ.
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C. Social Media

    Social media is another tool law enforcement agencies use 
to quickly alert the public to active shooter situations. 
Although 72% of Americans use at least one social media 
platform,\40\ a law enforcement agency's ability to deliver and 
circulate its message in an emergency depends on effective 
social media management.\41\ With the shooting in Kalamazoo, 
neither the Kalamazoo Department of Public Safety nor the 
County Sheriff's Office had the social media presence or 
training to capture community reports about the shooter or 
provide responsive updates to the concerned public.\42\
---------------------------------------------------------------------------
    \40\See Social Media Fact Sheet, Pew Research Center (April 7, 
2021), https://www.pewresearch.org/internet/fact-sheet/social-media/ 
(finding 70% of respondents use Facebook daily while 46% use Twitter 
daily).
    \41\See Frank Straub, et al, supra note 11, at 29 (finding neither 
Kalamazoo Department of Public Safety nor Kalamazoo County Sheriff's 
Office had the social media infrastructure to leverage the tool).
    \42\Id. at 29-30 (recommending agencies integrate social media into 
their public information strategy).
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    With most Americans engaging with at least one social media 
platform, law enforcement agencies will alert the public to 
active shooter situations, manage community response, and 
update the public about ongoing crises.\43\ The following are 
examples of active shooter alerts issued by law enforcement 
through Twitter:
---------------------------------------------------------------------------
    \43\E.g., Sacramento Police (@SacPolice) (April 3, 2022) https://
twitter.com/SacPolice/status/
1510570981718339589?cxt=HHwWisCt1b6T0PYpAAAA.
---------------------------------------------------------------------------
           Sacramento Police Department (April 3, 
        2022): ``ADVISORY: 9th St to 13th St is closed between 
        L St & J St as officers investigate a shooting with 
        multiple victims. Conditions unknown at this time. 
        Please avoid the area as a large police presence will 
        remain and the scene remains active. Please follow this 
        thread for updates.''\44\
---------------------------------------------------------------------------
    \44\Sacramento Police (@SacPolice) (April 3, 2022) https://
twitter.com/SacPolice/status/
1510570981718339589?cxt=HHwWisCt1b6T0PYpAAAA.
---------------------------------------------------------------------------
           Seattle Police Department (March 24, 2022): 
        ``Police responding to a shooting in the 3900 block of 
        S Angeline St. Reports of two victims. Please avoid the 
        area if possible. More info when available.''\45\
---------------------------------------------------------------------------
    \45\Seattle Police Department (@SeattlePD) (March 24, 2022), 
https://twitter.com/SeattlePD/status/
1507060989568569361?cxt=HHwWosCqoYf_k-opAAAA.
---------------------------------------------------------------------------
           Austin Police Department (March 20, 2022): 
        ``Shots fired on the 400 block of 6th St. Non-life-
        threatening injuries. Suspect still at large. Officers 
        securing the area. Avoid the area.''\46\
---------------------------------------------------------------------------
    \46\Austin Police Department (@Austin_Police) (March 20, 2022) 
https://twitter.com/
Austin_Police/status/1505451291337805827?cxt=HHwWhsC-7aT-t-QpAAAA.
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                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearings were used to develop H.R. 6538:
    On May 20, 2021, the Subcommittee on Crime, Terrorism, and 
Homeland Security held a hearing on ``An Unending Crisis: 
Essential Steps to Reducing Gun Violence and Mass Shootings.'' 
The Subcommittee heard testimony from:
           The Honorable Vikki Goodwin, Member of the 
        House of Representatives, State of Texas;
           Fred Guttenberg, Author and Gun Safety 
        Advocate;
           J. Adam Skaggs, Chief Counsel and Policy 
        Director, Giffords Law Center to Prevent Gun Violence;
           Michael E. Grady, Senior Pastor, Prince of 
        Peace Christian Fellowship; and
           Dianna Muller, Founder, The DC Project.
The hearing explored the facts and data on gun violence and a 
range of policy proposals to reduce gun violence.
    On March 8, 2022, the Subcommittee on Crime, Terrorism, and 
Homeland Security held a hearing on ``Reimagining Public Safety 
in the COVID-19 Era.'' The Subcommittee heard testimony from:
           The Honorable Nicholas W. Brown, U.S. 
        Attorney for the Western District of Washington;
           Edgardo ``Eddie'' Garcia, Chief of Police, 
        Dallas Police Department;
           Thomas Abt, Chair, Violent Crime Working 
        Group; Senior Fellow, Council on Criminal Justice;
           The Honorable Sylvester Turner, Mayor, City 
        of Houston;
           The Honorable Satana Deberry, District 
        Attorney, Durham County, North Carolina;
           Jerika L. Richardson, Senior Vice President, 
        Equitable Justice & Strategic Initiatives, National 
        Urban League;
           Madeline Brame, Chairwoman, NYS Victims 
        Rights Reform Council;
           Charles Fain Lehman, Fellow, Manhattan 
        Institute for Policy Research; Contributing Editor, 
        City Journal.

                        Committee Consideration

    On June 15, 2022 the Committee met in open session and 
ordered the bill, H.R. 6538, favorably reported, as amended, by 
a voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following rollcall vote occurred during the Committee's 
consideration of H.R. 6538:
    1. Two amendments offered by Mr. Issa were considered en 
bloc. One amendment, as amended, was to change the short title 
of the bill to the ``Armed and Dangerous Alert Act of 2022.'' 
The other was to replace each occurrence of ``active shooter'' 
with ``active shooter or individual perpetuating violence.'' 
The amendments considered en bloc, as amended, were defeated by 
a rollcall vote of 15 to 24. The vote was as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause (3)(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received from the Director of the Congressional Budget 
Office a budgetary analysis and a cost estimate of this bill.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 6538 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 6538 would adapt an existing alert system 
to establish an Active Shooter Alert Network, enabling law 
enforcement to send active shooter alerts within their 
communities. It would require the Attorney General to appoint 
an Active Shooter Alert Coordinator within the Department of 
Justice to coordinate and develop best practices for use of the 
Network, and to support the implementation of active shooter 
alert systems. It would also require the Comptroller General to 
study the effectiveness of active shooter alert systems and 
other public alerts and warnings and provide a report to 
Congress within two years of enactment.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 6538 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House rule XXI.

                      Section-by-Section Analysis

    Sec. 1. Short Title. Section 1 sets forth the short title 
as the ``Active Shooter Alert Act of 2022.''
    Sec. 2. Definitions. Section 2 defines several terms used 
in this Act, including ``active shooter,'' ``Coordinator,'' and 
``Network.''
    Sec. 3. National Coordination of Active Shooter Alert 
Communications Network. Section 3 requires the Attorney General 
to assign an Active Shooter Alert Coordinator of the Department 
of Justice as the national coordinator for the Active Shooter 
Alert Communications Network and defines duties and goals of 
the coordinator. This section directs the coordinator to work 
with federal, state, local, and tribal governments to establish 
procedures to respond to an active shooter, including 
procedures relating to interstate or interjurisdictional travel 
(including airports and border crossing areas and checkpoints); 
and work with state, tribal, and local governments to encourage 
regional and interjurisdictional coordination where 
appropriate.
    The coordinator must encourage the adoption of best 
practices established under section 4 to accomplish the goals 
of: development of policies and procedures governing the use of 
mass alert systems; development of guidance or policies on the 
content and format of alerts; coordination of state, regional, 
and local plans for the use of mass alert systems; planning and 
designing multilingual communication; planning systems and 
protocols for the efficient issuance of alerts; providing 
training and guidance to transportation authorities on 
utilizing the network; and development of mass alert systems 
that do not reveal the location of individuals sheltering in 
place near the active shooter.
    In carrying out duties described in this section, the 
coordinator is required to notify and coordinate with FEMA, 
Department of Transportation (DOT), and FCC on using IPAWS to 
issue alerts for the network and mandates that the coordinator, 
in consultation with the FEMA Administrator, report to Congress 
on the effectiveness of the network.
    This section also requires the coordinator, in consultation 
with FEMA, DOT, and FCC, to submit a report to Congress on the 
coordinator's activities and the effectiveness and status of 
the Active Shooter Alert communications plan of every state, 
tribal, and local government within each region that has 
implemented a plan. The first report must be filed within 18 
months of enactment, then every two years after until every 
state, tribal, and local government has adopted an active 
shooter alert protocol.
    Sec. 4. Standards for Issuance and Dissemination of Alerts 
Through Active Shooter Alert Communications Network. Section 4 
directs the coordinator to establish best practices using the 
recommendations of the Advisory Panel established under this 
section and in coordination with FEMA, DOT, and FCC, local 
broadcasters, and federal, state, tribal, and local law 
enforcement agencies 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.
    The coordinator must review the best practices no less than 
every five years to ensure consistency with updated data and 
recommendations on active shooter situations and advancements 
in the IPAWS system or other technologies. The coordinator must 
convene the advisory panel as necessary to provide 
recommendations if the best practices must be updated.
    This section requires the coordinator to establish an 
advisory panel no more than 90 days after enactment to make 
recommendations on the establishment of best practices. The 
advisory panel must consist of at least nine members, including 
at least five law enforcement officers who have responded to 
active shooter incidents and represent rural, suburban, and 
urban communities, including at least one nonsupervisory 
officer; at least one public safety expert who has responded to 
an active shooter incident and is not a law enforcement 
officer; at least one emergency response official who is not a 
law enforcement officer; at least one city planning expert; and 
at least one mental and behavioral health expert. The advisory 
panel must submit recommendations within 15 months of 
enactment.
    The best practices are adoptable on a voluntary basis and 
should provide that appropriate information is disseminated to 
appropriate law enforcement, public health, communications, and 
other public officials and limited to the area most likely to 
be affected by, or able to respond to, an active shooter 
situation.
    In establishing best practices, 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. Section 5 requires the Comptroller General 
to study the effectiveness of active shooter alert systems and 
other public alerts and warnings and provide a report to 
Congress within two years of enactment. The study must address: 
the meaning of ``active shooter'' among states; the time 
between law enforcement alert requests and approval, and the 
process; and a comparison of timing and effectiveness of public 
alerts.
    Sec. 6. Authorization of Appropriations. Section 6 provides 
that $2 million is authorized for fiscal year 2023 until 
expended.
    Sec. 7. Limitation on Liability. Section 7 provides that 
nothing in this legislation shall be construed to provide that 
a participating agency, officer, or employee shall be liable 
for any act or omission pertaining to the Network. It further 
provides that nothing in this legislation may be construed to 
limit the application of any State or Federal law providing for 
liability for any act or omission pertaining to the Network.

                             Minority Views

    H.R. 6538, the Active Shooter Alert Act of 2022, is an 
unnecessary piece of legislation that gives more authority to 
the highly politicized Biden Department of Justice (DOJ). This 
bill authorizes $2,000,000 for a National Coordinator at DOJ to 
issue best practices and guidance for states and local 
governments to implement active shooter emergency alert 
systems. As Democrats candidly admit, this bill is merely an 
effort to fear-monger about firearms and ``remind[]'' Americans 
about the ``threat'' posed by firearms.\1\ Its unnecessary and 
broad mandates will only serve to stoke public fear.
---------------------------------------------------------------------------
    \1\Meeting of the H. Comm. on the Judic., 117th Cong. (2022) 
(statement of Rep. Jones).
---------------------------------------------------------------------------

    H.R. 6538 IS A SUPERFLUOUS AND UNNECESSARY PIECE OF LEGISLATION

    State and local officials already have access to and use 
the Integrated Public Alert and Warning System (IPAWS) to alert 
the public to emergency situations. Government officials use 
the IPAWS Wireless Emergency Alerts (WEA) to send emergency 
alerts to mobile devices and use the Emergency Alert System 
(EAS) to alert media platforms.\2\ According to a 2020 
Government Accountability Office (GAO) report, every state has 
at least one alerting authority, some of which are already 
utilizing the system for active shooter incidents.\3\ For 
example, the Texas Division of Emergency Management will 
``alert individuals in close proximity of active shooter 
situations through their cellular devices, local broadcast 
media, Texas Department of Transportation Dynamic Message Signs 
(DMS) and other resources.''\4\ As of 2019, there were more 
than 1,400 alerting authorities across the country and FEMA had 
more than 400 pending applications.\5\
---------------------------------------------------------------------------
    \2\GOV'T ACCOUNTABILITY OFFICE, GAO-20-294, EMERGENCY ALERTING, 
AGENCIES NEED TO ADDRESS PENDING APPLICATIONS AND MONITOR INDUSTRY 
PROGRESS ON SYSTEM IMPROVEMENTS (Feb. 2020).
    \3\Id.
    \4\Texas Department of Public Safety, Active Shooter Alert, https:/
/www.dps.texas.gov/section/intelligence-counterterrorism/active-
shooter-alert (last visited Jun. 15, 2022).
    \5\U.S. Dep't of Homeland Security, Federal Emergency Management 
Agency, Wireless Emergency Alerts, https://www.fema.gov/emergency-
managers/practitioners/integrated-public-alert-warning-system/public/
wireless-emergency-alerts (last visited Jun. 11, 2022).
---------------------------------------------------------------------------

 THIS COMMITTEE HAS NOT CONSIDERED THE UNINTENDED CONSEQUENCES OF THIS 
                              LEGISLATION

    The Committee has not taken the necessary time to hold 
hearings on this subject or hear from expert witnesses on the 
unintended consequences of implementing a nationwide active 
shooter emergency alert system. For example, an active shooter 
emergency alert notification could potentially encourage people 
to seek out the active shooter and engage in vigilantism, which 
could endanger that person and interfere with law enforcement 
operations. Law enforcement officials agree. During the 
Committee's business meeting to consider H.R. 6538, 
Representative Cliff Bentz read a message he received from 
Travis Ash, Sheriff of Baker County, Oregon, about H.R. 
6538.\6\ Sheriff Baker informed Representative Bentz: ``I would 
be concerned with the potential influx of good Samaritans 
traveling and a potential to add more traffic and confusion to 
our smaller communities.''\7\
---------------------------------------------------------------------------
    \6\Meeting of the H. Comm. on the Judic., 117th Cong. (2022) 
(statement of Rep. Bentz).
    \7\Id.
---------------------------------------------------------------------------

H.R. 6538 IS AN UNNECESSARY EXPANSION OF BUREAUCRACY AT THE DEPARTMENT 
                               OF JUSTICE

    This legislation creates a new position at the DOJ, the 
National Coordinator of the Active Shooter Emergency Alert 
Communications Network. There is no need for Congress to pass a 
bill to carry out the mandate of this legislation. It is well 
within the Attorney General's current authority to appoint a 
National Coordinator to issue best practices and guidance to 
the states on how to establish an active shooter emergency 
alert system.\8\ Furthermore, the Justice Department does not 
need $2,000,000 in taxpayer dollars to issue best practices and 
guidance. It is an unnecessary waste of taxpayer dollars.
---------------------------------------------------------------------------
    \8\U.S. Dep't of Justice, Justice Manual sec. 1-19.000--Principles 
for Issuance and Use of Guidance Documents (Apr. 2022).
---------------------------------------------------------------------------

  AN ACTIVE SHOOTER EMERGENCY ALERT SYSTEM IS FUNDAMENTALLY DIFFERENT 
              THAN OTHER NATIONAL EMERGENCY ALERT PROGRAMS

    An active shooter emergency alert system has a 
fundamentally different purpose than the existing national 
emergency alert programs--AMBER alerts, BLUE alerts, and 
ASHANTI alerts. These national emergency alert programs exist 
in order to seek the public's help in identifying a person, not 
to warn the public about a specific danger. Finding missing 
persons or fleeing assailants is a substantially different task 
than responding to an active public emergency. For example, 
kidnappings unfold over the course of hours or days, whereas a 
public shooting is often over in a matter of seconds or 
minutes. During a kidnapping, an emergency alert on your phone 
might provide useful information to the public who might be 
able to assist in identifying the suspect.

 DEMOCRATS REJECTED REPUBLICAN AMENDMENTS THAT WOULD HAVE IMPROVED THE 
                              LEGISLATION

    During the Committee's business meeting to consider H.R. 
6538, Republicans offered several amendments to improve the 
legislation. Chairman Nadler and the Democrat members of the 
Committee rejected the following common-sense amendments 
offered by Republicans.
    Representative Issa offered two amendments simultaneously 
that would have changed the title of the bill to ``Life 
Threatening Emergency Systems Act of 2022'' and would have made 
sure that the Active Shooter Emergency Alert System allowed 
state and local governments to send alerts for individuals 
perpetuating violence. The amendment defined an ``individual 
perpetuating violence'' as ``an individual who is engaged in 
killing or attempting to kill persons in a populated area and 
who is determined to pose an active, imminent threat to people 
in that populated area.'' This would have ensured that states 
and local government could utilize the emergency alert system 
to issue alerts to the public about any person who was posing 
an active imminent threat, not just individuals with a firearm. 
For example, this amendment would have broadened the emergency 
alert system to send an alert if an individual was driving a 
car through a crowd of people or threatening people with a 
knife. Committee Democrats rejected the amendment.
    Representative Johnson offered an amendment that would have 
stricken the entirety of the bill with the exception of Section 
5, the Comptroller General Study on State Responses to Active 
Shooter Situations Requiring the Issuance of Public Alerts and 
Warnings. This section requires a study to be conducted on 
state and local responses to active shooter situations and 
situations involving the issuance of a public alert or warning. 
The amendment would have ensured that the GAO properly studied 
the problem before the Committee mandated a solution to it. In 
fact, this bill requires the National Coordinator to report 
back to Congress within 18 months, a full 6 months before GAO 
is required to submit its report to Congress. There is no need 
to federalize an emergency alert program across the country 
before studying whether states are doing a good job with their 
current systems. Committee Democrats rejected the Amendment.

                               CONCLUSION

    H.R. 6538 is an unnecessary piece of legislation that 
wastes taxpayer dollars and adds another layer of bureaucracy 
to the highly politicized Biden DOJ. Democrats are pushing this 
bill under left-wing pressure to ``do something'' about 
firearms. But this bill is more of an effort to fear-monger 
about firearm violence--as Democrats admit--than to effectively 
improve public safety. For these reasons, I will not support 
this legislation.
                                                Jim Jordan,
                                                    Ranking Member.

                                  [all]