[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5852 Referred in Senate (RFS)]


109th CONGRESS
  2d Session
                                H. R. 5852


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2006

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
    To amend the Homeland Security Act of 2002 to enhance emergency 
 communications at the Department of Homeland Security, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``21st Century Emergency 
Communications Act of 2006''.

SEC. 2. EMERGENCY COMMUNICATIONS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following new title:

                ``TITLE XVIII--EMERGENCY COMMUNICATIONS

``SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.

    ``(a) In General.--There is in the Department an Office of 
Emergency Communications.
    ``(b) Assistant Secretary.--The head of the office shall be the 
Assistant Secretary for Emergency Communications.
    ``(c) Responsibilities.--The Assistant Secretary for Emergency 
Communications shall--
            ``(1) assist the Secretary in developing and implementing 
        the program described in section 7303(a)(1) of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
        194(a)(1)), except as provided in section 314;
            ``(2) administer the Department's responsibilities and 
        authorities relating to the SAFECOM Program, excluding elements 
        related to research, development, testing, and evaluation and 
        standards;
            ``(3) administer the Department's responsibilities and 
        authorities relating to the Integrated Wireless Network 
        program;
            ``(4) coordinate, as appropriate, regarding the 
        administration of the National Communications System;
            ``(5) conduct extensive, nationwide outreach and foster the 
        development of interoperable emergency communications 
        capabilities by State, regional, local, and tribal governments 
        and public safety agencies;
            ``(6) provide technical assistance to State, regional, 
        local, and tribal officials with respect to use of 
        interoperable emergency communications capabilities;
            ``(7) facilitate the creation of Regional Emergency 
        Communications Coordination Working Groups under section 1805;
            ``(8) promote the development of best practices with 
        respect to use of interoperable emergency communications 
        capabilities for incident response and facilitate the sharing 
        of information on such best practices (including from 
        governments abroad) for achieving, maintaining, and enhancing 
        interoperable emergency communications capabilities for such 
        response;
            ``(9) coordinate the establishment of a national response 
        capability with initial and ongoing planning, implementation, 
        and training for the deployment of backup communications 
        services in the event of a catastrophic loss of local and 
        regional emergency communications services;
            ``(10) assist the President, the National Security Council, 
        the Homeland Security Council, and the Director of the Office 
        of Management and Budget in ensuring the operability of the 
        telecommunications functions and responsibilities of the 
        Federal Government, excluding spectrum management;
            ``(11) establish, in coordination with the Director of the 
        Office of Interoperability and Compatibility, requirements for 
        total and nonproprietary interoperable emergency communications 
        capabilities for all public safety radio and data 
        communications systems and equipment purchased using homeland 
        security assistance administered by the Department;
            ``(12) review, in consultation with the Assistant Secretary 
        for Grants and Training, all interoperable emergency 
        communications plans of Federal, State, local, and tribal 
        governments, including Statewide and tactical interoperability 
        plans, developed pursuant to homeland security assistance 
        administered by the Department, but excluding spectrum 
        allocation and management related to such plans.
    ``(d) Performance of Previously Transferred Functions.--There is 
transferred to the Secretary the authority to administer, through the 
Assistant Secretary for Emergency Communications, the following:
            ``(1) The SAFECOM Program, excluding elements related to 
        research, development, testing, and evaluation and standards.
            ``(2) The responsibilities of the Chief Information Officer 
        related to the implementation of the Integrated Wireless 
        Network.
            ``(3) The Interoperable Communications Technical Assistance 
        Program.
    ``(e) Coordination.--The Assistant Secretary shall coordinate, as 
appropriate, with the Director of the Office for Interoperability and 
Compatibility with respect to the responsibilities described in section 
314.
    ``(f) Sufficiency of Resources Plan.--
            ``(1) Report.--Not later than days 60 days after the 
        enactment of this section, the Secretary shall submit to 
        Congress a report on the resources and staff necessary to carry 
        out the responsibilities under this subtitle.
            ``(2) Comptroller general review.--The Comptroller General 
        shall review the validity of the report submitted by the 
        Secretary under paragraph (1).   Not later than 30 days after 
        the date on which such report is submitted, the Comptroller 
        General shall submit to Congress a report containing the 
        findings of such review.

``SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS REPORT.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary for Emergency Communications, shall, not later than one year 
after the completion of the baseline assessment under section 1803, and 
in cooperation with State, local, and tribal governments, Federal 
departments and agencies, emergency response providers, emergency 
support responders, and the private sector, develop a National 
Emergency Communications Report to provide recommendations regarding 
how the United States can accelerate the deployment of interoperable 
emergency communications nationwide.
    ``(b) Contents.--The report shall--
            ``(1) include a national interoperable emergency 
        communications inventory to be completed by the Secretary of 
        Homeland Security, the Secretary of Commerce, and the Chairman 
        of the Federal Communications Commission that--
                    ``(A) identifies for each Federal department and 
                agency--
                            ``(i) the channels and frequencies used;
                            ``(ii) the nomenclature used to refer to 
                        each channel or frequency used; and
                            ``(iii) the types of communications system 
                        and equipment used;
                    ``(B) identifies the interoperable emergency 
                communications systems in use for public safety systems 
                in the United States; and
                    ``(C) provides a listing of public safety mutual 
                aid channels in operation and their ability to connect 
                to an interoperable communications system;
            ``(2) recommend, in consultation with the Federal 
        Communications Commission and the National Institute of 
        Standards and Technology, a process for expediting national 
        voluntary consensus-based emergency communications equipment 
        standards for the purchase and use by public safety agencies of 
        interoperable emergency communications equipment and 
        technologies;
            ``(3) identify the appropriate interoperable emergency 
        communications capabilities necessary for Federal, State, 
        local, and tribal governments to operate at all threat levels;
            ``(4) recommend both short-term and long-term solutions for 
        deploying Federal, State, local, and tribal interoperable 
        emergency communications systems nationwide, including through 
        the provision of existing and emerging technologies that 
        facilitate operability, interoperability, coordination, and 
        integration among existing emergency communications systems;
            ``(5) identify how Federal Government departments and 
        agencies that respond to acts of terrorism, natural disasters, 
        and other emergencies can work effectively with State, local, 
        and tribal governments, in all States, and with other entities;
            ``(6) include recommendations to identify and overcome 
        obstacles to deploying interoperable emergency communications 
        nationwide; and
            ``(7) recommend goals and timeframes for the deployment of 
        an emergency, command-level communications system based on new 
        and existing equipment across the United States and develop a 
        timetable for deploying interoperable emergency communications 
        systems nationwide.

``SEC. 1803. ASSESSMENTS AND REPORTS.

    ``(a) Baseline Operability and Interoperability Assessment.--Not 
later than one year after the date of the enactment of this section and 
not less than every 5 years thereafter, the Secretary, acting through 
the Assistant Secretary for Emergency Communications, shall conduct an 
assessment of Federal, State, local, and tribal governments, to--
            ``(1) define the range of operable and interoperable 
        emergency communications capabilities needed for specific 
        events;
            ``(2) assess the current capabilities to meet such 
        communications needs; and
            ``(3) identify the gap between such current capabilities 
        and defined requirements.
    ``(b) Progress Reports.--Not later than one year after the date of 
enactment of this section and annually thereafter, the Secretary, 
acting through the Assistant Secretary for Emergency Communications, 
shall submit to Congress a report on the progress of the Department in 
implementing and achieving the goals of this subtitle, including--
            ``(1) a description of the findings of the most recent 
        baseline assessment conducted under subsection (a);
            ``(2) a determination of the degree to which interoperable 
        emergency communications has been achieved to date and 
        ascertain the gaps that remains for interoperability to be 
        achieved;
            ``(3) an assessment of the ability of communities to 
        provide and maintain interoperable emergency communications 
        among emergency managers, emergency response providers, 
        emergency support providers, and government officials in the 
        event of acts of terrorism, natural disasters, or other 
        emergencies, including Incidents of National Significance 
        declared by the Secretary under the National Response Plan, and 
        where there is substantial damage to communications 
        infrastructure;
            ``(4) a list of best practices among communities for 
        providing and maintaining interoperable emergency 
        communications in the event of acts of terrorism, natural 
        disasters, or other emergencies; and
            ``(5) an evaluation of the feasibility and desirability of 
        the Department developing, on its own or in conjunction with 
        the Department of Defense, a mobile communications capability, 
        modeled on the Army Signal Corps, that could be deployed to 
        support emergency communications at the site of acts of 
        terrorism, natural disasters, or other emergencies.

``SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT 
              PROGRAMS.

    ``(a) Coordination of Grants and Standards Programs.--The 
Secretary, acting through Assistant Secretary for Emergency 
Communications, shall ensure that grant guidelines for the use of 
homeland security assistance administered by the Department relating to 
interoperable emergency communications are coordinated and consistent 
with the goals and recommendations in the National Emergency 
Communications Report under section 1802.
    ``(b) Denial of Eligibility for Grants.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Grants and Planning, and in 
        consultation with the Assistant Secretary for Emergency 
        Communications, may prohibit any State, local, or tribal 
        government from using homeland security assistance administered 
        by the Department to achieve, maintain, or enhance 
        interoperable emergency communications capabilities, if--
                    ``(A) such government has not complied with the 
                requirement to submit a Statewide Interoperable 
                Communications Plan as required by section 7303(f) of 
                the Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 194(f));
                    ``(B) such government has proposed to upgrade or 
                purchase new equipment or systems that do not meet or 
                exceed any applicable national voluntary consensus 
                standards and has not provided a reasonable explanation 
                of why such equipment or systems will serve the needs 
                of the applicant better than equipment or systems that 
                meet or exceed such standards; and
                    ``(C) as of the date that is three years after the 
                date of the enactment of this section, national 
                voluntary consensus standards for interoperable 
                emergency communications capabilities have not been 
                developed and promulgated.
            ``(2) Standards.--The Secretary, in coordination with the 
        Federal Communications Commission, the National Institute of 
        Standards and Technology, and other Federal departments and 
        agencies with responsibility for standards, shall support the 
        development, promulgation, and updating as necessary of 
        national voluntary consensus standards for interoperable 
        emergency communications with the goal of having such standards 
        in place to satisfy the requirements of paragraph (1)(C).

``SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

    ``(a) In General.--There is in each Regional Office a Regional 
Emergency Communications Coordination Working Group (in this section 
referred to as an `RECC Working Group').
    ``(b) Subject Matter Experts.--The RECC Working Group shall consist 
of the following:
            ``(1) Non-federal.--Organizations representing the 
        interests of the following:
                    ``(A) State officials.
                    ``(B) Local officials, including sheriffs.
                    ``(C) State police departments.
                    ``(D) Local police departments.
                    ``(E) Local fire departments.
                    ``(F) Public safety answering points (9-1-1 
                services).
                    ``(G) Communications equipment vendors (including 
                broadband data service providers).
                    ``(H) Hospitals.
                    ``(I) Public utility services.
                    ``(J) Local exchange carriers.
                    ``(K) Local broadcast media.
                    ``(L) Wireless carriers.
                    ``(M) Satellite communications services.
                    ``(N) Emergency evacuation transit services.
                    ``(O) Ambulance services.
                    ``(P) HAM and amateur radio operators.
                    ``(Q) State emergency managers, homeland security 
                directors, or representatives of State Administrative 
                Agencies.
                    ``(R) Local emergency managers or homeland security 
                directors.
                    ``(S) Cable operators.
                    ``(T) Other emergency response providers or 
                emergency support providers as deemed appropriate.
            ``(2) Federal.--Representatives from the Department and 
        other Federal departments and agencies with responsibility for 
        coordinating interoperable emergency communications with or 
        providing emergency support services to State, local, and 
        tribal governments.
    ``(c) Duties.--The duties of each RECC Working Group shall 
include--
            ``(1) assessing the survivability, sustainability, and 
        interoperability of local emergency communications systems to 
        meet the goals of the National Emergency Communications Report;
            ``(2) reporting annually to the Assistant Secretary for 
        Emergency Communications on the status of its region in 
        building robust and sustainable interoperable voice and data 
        emergency communications networks and on the progress of the 
        region in meeting the goals of the National Emergency 
        Communications Report under section 1802 when such Report is 
        complete;
            ``(3) ensuring a process for the coordination of the 
        establishment of effective multijurisdictional, multi-agency 
        emergency communications networks for use during acts of 
        terrorism, natural disasters, and other emergencies through the 
        expanded use of emergency management and public safety 
        communications mutual aid agreements; and
            ``(4) coordinating the establishment of Federal, State, 
        local, and tribal support services and networks designed to 
        address the immediate and critical human needs in responding to 
        acts of terrorism, natural disasters, and other emergencies.

``SEC. 1806. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

    ``(a) Establishment.--There is established the Emergency 
Communications Preparedness Center (in this section referred to as the 
`Center').
    ``(b) Operation.--
            ``(1) In general.--The Secretary, the Chairman of the 
        Federal Communications Commission, the Secretary of Defense, 
        the Secretary of Commerce, the Attorney General, and the heads 
        of other Federal departments and agencies or their designees 
        shall jointly operate the Center in accordance with the 
        Memorandum of Understanding entitled, `Emergency Communications 
        Preparedness Center (ECPC) Charter'.
            ``(2) Chair.--The Chair of the Center shall rotate every 
        two years between the Secretary of Homeland Security, the 
        Secretary of Defense, the Secretary of Commerce, the Attorney 
        General, and the Chairman of the Federal Communications 
        Commission.
    ``(c) Functions.--The Center shall--
            ``(1) serve as the focal point for interagency efforts to 
        address operable and interoperable communications;
            ``(2) serve as a clearinghouse with respect to all relevant 
        information regarding intergovernmental efforts to achieve 
        nationwide interoperable emergency communications capabilities;
            ``(3) ensure cooperation among the relevant Federal 
        Government departments and agencies to improve effectiveness in 
        the communication and implementation of the goals recommended 
        in the National Emergency Communications Report under section 
        1802, including specifically by working to avoid duplication, 
        hindrances, and counteractive efforts among the participating 
        Federal departments and agencies;
            ``(4) prepare and submit to Congress, on an annual basis, a 
        strategic assessment regarding the efforts of Federal 
        departments and agencies to implement the National Emergency 
        Communications Report under section 1802; and
            ``(5) perform such other functions as are provided in the 
        ECPC Charter under subsection (b)(1).
    ``(d) Report.--Not later than 180 days after the date of the 
enactment of this section, the Chair shall transmit to the Congress a 
report regarding the implementation of this section, including a 
description of the staffing and resource needs of the Center.

``SEC. 1807. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS 
              CAPABILITIES.

    ``(a) In General.--The Secretary, in consultation with the Chairman 
of the Federal Communications Commission and the Secretary of Defense, 
and with appropriate State, local, and tribal government officials, 
shall provide technical guidance, training, and other assistance, as 
appropriate, to support the rapid establishment of consistent, secure, 
and effective interoperable emergency communications capabilities in 
the event of an emergency in urban and other areas determined by the 
Secretary to be at consistently high levels of risk from acts of 
terrorism, natural disasters, and other emergencies.
    ``(b) Minimum Capabilities.--The interoperable emergency 
communications capabilities established under subsection (a) shall 
ensure the ability of all levels of government, emergency response 
providers, emergency support providers, the private sector, and other 
organizations with emergency response capabilities--
            ``(1) to communicate with each other in the event of an 
        emergency;
            ``(2) to have appropriate and timely access to the 
        Information Sharing Environment described in section 1016 of 
        the National Security Intelligence Reform Act of 2004 (6 U.S.C. 
        321); and
            ``(3) to be consistent with any applicable State or Urban 
        Area homeland strategy or plan.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following:

                ``TITLE XVIII--EMERGENCY COMMUNICATIONS

        ``Sec. 1801. Office of Emergency Communications.
        ``Sec. 1802. National Emergency Communications Report.
        ``Sec. 1803. Assessments and reports.
        ``Sec. 1804. Coordination of Federal emergency communications 
                            grant programs.
        ``Sec. 1805. Regional emergency communications coordination.
        ``Sec. 1806. Emergency Communications Preparedness Center.
        ``Sec. 1807. Urban and other high risk area communications 
                            capabilities.

SEC. 3. OFFICE OF INTEROPERABILITY AND COMPATIBILITY.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following:

``SEC. 314. OFFICE OF INTEROPERABILITY AND COMPATIBILITY.

    ``(a) Clarification of Responsibilities.--The Director of the 
Office of Interoperability and Compatibility shall--
            ``(1) assist the Secretary in developing and implementing 
        the science and technology aspects of the program described in 
        subparagraphs (D), (E), (F), and (G) of section 7303(a)(1) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 194(a)(1));
            ``(2) support the creation of national voluntary consensus 
        standards for interoperable emergency communications;
            ``(3) establish a comprehensive research, development, 
        testing, and evaluation program for improving interoperable 
        emergency communications;
            ``(4) establish, in coordination with the Assistant 
        Secretary for Emergency Communications, requirements for total 
        and nonproprietary interoperable emergency communications 
        capabilities for all public safety radio and data 
        communications systems and equipment purchased using homeland 
        security assistance administered by the Department;
            ``(5) carry out the Department's responsibilities and 
        authorities relating to research, development, testing, 
        evaluation, or standards-related   elements of the SAFECOM 
        Program;
            ``(6) evaluate and assess new technology in real-world 
        environments to achieve interoperable emergency communications 
        capabilities;
            ``(7) encourage more efficient use of existing resources, 
        including equipment, to achieve interoperable emergency 
        communications capabilities;
            ``(8) test public safety communications systems that are 
        less prone to failure, support new nonvoice services, use 
        spectrum more efficiently, and cost less than existing systems; 
        and
            ``(9) coordinate with the private sector to develop 
        solutions to improve emergency communications capabilities and 
        achieve interoperable emergency communications capabilities.
    ``(b) Coordination.--The Director shall coordinate with the 
Assistant Secretary for Emergency Communications with respect to the 
SAFECOM program.
    ``(c) Sufficiency of Resources.--The Secretary shall provide the 
Office for Interoperability and Compatibility the resources and staff 
necessary to carry out the responsibilities under this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting at the end of the items relating to 
title III the following:

``Sec. 314. Office of Interoperability and Compatibility.''.

SEC. 4. SENSE OF CONGRESS ON THE PROJECT 25 CONFORMITY ASSESSMENT 
              PROJECT.

    It is the sense of Congress that in carrying out the 
responsibilities and authorities of the Department of Homeland Security 
relating to the SAFECOM Program, the Assistant Secretary of Homeland 
Security for Emergency Communications and the Director of the Office of 
Interoperability and Compatibility should work with the National 
Institute of Standards and Technology for the purpose of implementing, 
as soon as possible, the Project 25 Compliance Assessment Program.

            Passed the House of Representatives July 25, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.