[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\
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\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.
---------------------------------------------------------------------------
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]