US Codex
Bill
Notes

H.R. 6538 — what changed

Active Shooter Alert Act of 2022

From Introduced in House to Reported in House. 6 sections amended between Introduced in House and Reported in House.

Sec. 2 Definitions

In this Act:

(1)
changed Active shooter— The term active shooter “active shooter” means an individual actively who is engaged in killing or attempting to kill people persons with a firearm in a populated area and who poses is determined to pose an active, imminent threat to people in that populated area.
(2)
changed Administrator of FEMA— The term Administrator “Administrator of FEMA FEMA” means the Administrator of the Federal Emergency Management Agency.
(3)
changed Chairman of the FCC— The term Chairman “Chairman of the FCC FCC” means the Chairman of the Federal Communications Commission.
(4)
changed Coordinator— The term Coordinator “Coordinator” means the Active Shooter Alert Coordinator of the Department of Justice designated under section 3(a).
(5)
changed Network— The term Network “Network” means the Active Shooter Alert Communications Network described in section 3(a).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)
changed Populated area— The term populated area “populated area” means a location where one or more individuals persons other than the active shooter are present.
(7)
changed State— The term State “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)
changed Duties— In acting as the national coordinator of the Network, the Coordinator, in coordination with the Administrator of FEMA, the Secretary of Transportation, and the Chairman of the FCC, The Coordinator shall—
(1)
changed seek to eliminate instances in which States encourage Federal, State, Tribal, and local governments do not have government agencies to establish procedures to respond to an active shooter, including active shooter procedures relating to interstate or interjurisdictional travel (including airports, maritime ports, airports and border crossing areas and checkpoints, checkpoints), and ports of exit from the United States);focus on governments that have not yet established such procedures; and
(2)
changed work with States State, Tribal, and Tribal local governments to encourage the development appropriate regional and interjurisdictional coordination of additional various elements (known as local Active Shooter Alert communications plans) in of the Network; andNetwork.
(3)
removed work with States and Tribal governments to encourage appropriate regional coordination of various elements of the Network.
(c)
changed Goals— The Coordinator shall encourage the adoption of best practices established under section 4(a) in States, Tribal governments, State, Tribal, and units of local government governments for—
(1)
changed the development of general policies and procedures to guide the use of mass alert systems systems, changeable message signs, or other information systems to notify local residents, motorists, travelers, and others individuals in the vicinity when there is 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)
changed the coordination of State, regional, Tribal, and local Active Shooter Alert communications plans within a region for the use of active shooting mass alert systems or other emergency response mechanisms;relating to an active shooter;
(4)
changed the development of a secure and reliable communications protocols among law enforcement, public safety, public health, planning and transportation agencies or the modification designing of existing communications mass alert systems to support for multilingual communication with local residents, motorists, travelers, and individuals in the notification vicinity of an active shooter, which system may include the capability for issuing wide area alerts to local residents, motorists, travelers, and those individuals in the vicinity of an active shooter;
(5)
changed the planning and designing of improved systems for multilingual communication with local residents, motorists, travelers, and those individuals in protocols to facilitate the vicinity efficient issuance of an active shooter, including the capability for issuing wide area shooter alerts and other key information to local residents, motorists, travelers, and those individuals in the vicinity of an active shooter;shooter during times of day outside of normal business hours;
(6)
changed the planning provision of systems training and protocols guidance to transportation authorities to facilitate the efficient issuance appropriate use of active shooter notifications mass alert systems and other key information to systems for the notification of local residents, motorists, travelers, and those individuals in the vicinity of an active shooter during off-hours;shooter; and
(7)
changed the provision development 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 those to ensure that alerts sent to individuals in the immediate vicinity of an active shooter; andshooter do not alert the active shooter to the location of individuals sheltering in place near the active shooter.
(8)
removed 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 those individuals sheltering in place around the active shooter.
(d)
changed Coordination with the Federal Emergency Management Agency, Department of Transportation, Integrated Public Alert and the Federal Communication Commission—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)
changed Cooperation—Report— The Coordinator shall coordinate 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, the Secretary of Transportation, and the Chairman of the FCC in carrying out FCC, shall submit to Congress a report on the activities under this section.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.
(f)
removed 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 States and Tribal governments have adopted an active shooter alert protocol, the Coordinator, in consultation with the Administrator of FEMA, shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the local Active Shooter Alert communications plan of each State and Tribal government that has implemented such a plan.

Sec. 4 Standards for issuance and dissemination of alerts through active shooter alert communications network

(a)
added Establishment of best practices—
(1)
added 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)
removed Establishment of best practices— Subject to subsection (b), the Coordinator, in coordination with the Administrator of FEMA, the Secretary of Transportation, and the Chairman of the FCC, shall establish best practices for—
(A)
renumbered was (2)(3) the issuance of alerts through the Network;
(B)
renumbered was (2)(4) the extent of the dissemination of alerts issued through the Network; and
(C)
added the achievement of the goals described in section 3(c).
(2)
added 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.
(3)
removed the goals described in section 3(c).
(b)
changed Limitations—Advisory Panel—
(1)
added 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)
added Membership— The Advisory Panel shall be comprised of at least 9 members, including—
(A)
added 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)
added at least 1 public safety expert who is not a law enforcement officer and who has responded to an active shooter incident;
(C)
added at least 1 emergency response official who is not a law enforcement officer;
(D)
added at least 1 city planning expert; and
(E)
added at least 1 mental and behavioral health expert.
(3)
added 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)
added Limitations—
(1)
renumbered was (3)(2) In general— The best practices established under subsection (a) shall—
(A)
renumbered was (3)(2)(3) be adoptable on a voluntary basis only; and
(B)
added to the maximum extent practicable (as determined by the Coordinator, in consultation with State, Tribal, and local law enforcement agencies), provide that—
(B)
removed to the maximum extent practicable (as determined by the Coordinator in consultation with State, Tribal, and local law enforcement agencies), provide that—
(i)
renumbered was (3)(2)(4)(2) appropriate information relating to an active shooter response is disseminated to the appropriate law enforcement, public health, communications, and other public officials; and
(ii)
renumbered was (3)(2)(4)(3) 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)
added 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.
(2)
removed No interference— In establishing best practices under subsection (a), the Coordinator may not interfere with the current system of voluntary coordination between local broadcasters and State, Tribal, and local law enforcement agencies for improving and implementing the Network.
(c)
removed Coordination— The Coordinator shall coordinate with local broadcasters and Federal, State, Tribal, and local law enforcement agencies in establishing best practices under this section.

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)
changed Differences between the definitions of the term “active shooter” used by different States.
(2)
changed 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 agencies request agency requests the issuance of a public alert or warning, such as an AMBER Alert, a Blue Alert, or an Ashanti alert.
(3)
changed A comparison of the timing and effectiveness of the issuance of public alerts and warnings by State alerting officials and the issuance of such alerts State, Tribal, and warnings by local jurisdictions.alerting officials.
(b)
changed Report to congress—Congress— Not later than 24 months 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)
changed In general— There is authorized to be appropriated to the Attorney General $2,000,000 for fiscal year 2023 to carry out this Act.Act $2,000,000 for fiscal year 2023.
(b)
changed Availability of funds— Amounts appropriated pursuant to the authorization of appropriations under subsection (a) shall remain available until expended.

Sec. 7 Limitation on liability

(a)
added 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)
added 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.

removed Nothing in this Act shall be construed to create, or serve as the basis for, additional liability for any participating agency, or their officers, employees, or agents, beyond existing applicable State and Federal laws and regulations.