[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1725 Reported in Senate (RS)]


                                                       Calendar No. 232
109th CONGRESS
  1st Session
                                S. 1725

To strengthen Federal leadership, provide grants, enhance outreach and 
  guidance, and provide other support to State and local officials to 
       enhance emergency communications capabilities, to achieve 
     communications interoperability, to foster improved regional 
 collaboration and coordination, to promote more efficient utilization 
of funding devoted to public safety communications, to promote research 
   and development by both the public and private sectors for first 
           responder communications, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2005

  Mr. Lieberman (for himself, Ms. Collins, Mr. Akaka, Mr. Levin, Mr. 
    McCain, Ms. Cantwell, Mr. Salazar, Mr. Warner, and Mr. Coleman) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                           September 29, 2005

                Reported by Ms. Collins, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To strengthen Federal leadership, provide grants, enhance outreach and 
  guidance, and provide other support to State and local officials to 
       enhance emergency communications capabilities, to achieve 
     communications interoperability, to foster improved regional 
 collaboration and coordination, to promote more efficient utilization 
of funding devoted to public safety communications, to promote research 
   and development by both the public and private sectors for first 
           responder communications, and for other purposes.

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

          TITLE I--EMERGENCY AND INTEROPERABLE COMMUNICATIONS

<DELETED>SECTION 1.</DELETED> SEC. 101. SHORT TITLE.

    This <DELETED>Act</DELETED> title may be cited as the ``Assure 
Emergency and Interoperable Communications for First Responders Act of 
2005''.

SEC. <DELETED>2.</DELETED> 102. FINDINGS.

    Congress finds the following:
            (1) Communications among those responding to a natural 
        disaster, terrorist attack, or other large-scale emergency are 
        critical to an effective response and to save lives.
            (2) Ordinary modes of communications are often difficult or 
        impossible during a natural disaster, terrorist attack, or 
        other catastrophic emergency, because of damage to critical 
        infrastructure, including the destruction of phone lines and 
        cellular towers, and loss of power sources and because of 
        increased demand placed on already strained systems.
            (3) In the days after Hurricane Katrina devastated the Gulf 
        Coast of the United States, the communications infrastructure 
        in the affected areas was decimated, and difficulties in 
        communicating among officials and first responders 
        significantly impeded the rescue and relief efforts.
            (4) A further major barrier to sharing information among 
        police, firefighters, and others who may be called on to 
        respond to natural disasters, terrorist attacks, and other 
        large-scale emergencies is the lack of interoperable 
        communications systems, which can enable public safety agencies 
        to talk to one another and share important, sometimes critical, 
        information in an emergency. Police and firefighters responding 
        to the attacks at the World Trade Center on September 11, 2001, 
        had difficulty communicating with each other. Initial press 
        reports indicate that conflicting radio frequencies also 
        contributed to the difficulties in communications among law 
        enforcement and government relief agencies in the aftermath of 
        Hurricane Katrina.
            (5) The Department of Homeland Security has identified 
        communications interoperability as 1 of the key national 
        priorities for first responders to achieve the National 
        Preparedness Goal that the Department of Homeland Security has 
        established for the Nation and has identified emergency 
        response communications as an essential target capability 
        needed to respond to a major event.
            (6) The lack of emergency communication capabilities and 
        interoperability costs lives not only during terrorist attacks 
        or natural disasters, but also during everyday emergency 
        operations.
            (7) Assuring emergency communications capabilities and 
        achieving interoperability is difficult because some 50,000 
        local agencies typically make independent decisions about 
        communications systems. This lack of coordination also 
        dramatically increases the cost of public safety communications 
        to Federal, State, local, and tribal governments.
            (8) Achieving the level of emergency communications 
        capabilities and communications interoperability that is needed 
        will require an unprecedented level of coordination and 
        cooperation among Federal, State, local, and tribal public 
        safety agencies. Establishing multidisciplinary, cross-
        jurisdictional governance structures to achieve the necessary 
        level of collaboration is essential to accomplishing this goal.
            (9) The Intelligence Reform and Terrorism Prevention Act of 
        2004 requires the Secretary of Homeland Security, in 
        consultation with other Federal officials, to establish a 
        program to ensure public safety interoperable communications at 
        all levels of government.
            (10) However, much more remains to be done. For example, in 
        January 2005, the National Governors Association reported that 
        while achieving interoperability ranked as the top priority for 
        States, obtaining the equipment and technology to fulfill this 
        goal remains a challenge. The large majority of States report 
        that they have not yet achieved interoperability in their 
        States.
            (11) Much of the communications equipment used by emergency 
        responders is outdated and incompatible, which inhibits 
        communication between State and local governments and between 
        neighboring local jurisdictions. Additional grant funding would 
        facilitate the acquisition of new technology to enable 
        interoperability.
            (12) Stronger and more effective national, statewide, and 
        regional leadership <DELETED>are</DELETED> is required to 
        improve emergency communications capabilities and 
        interoperability. The Department of Homeland Security must 
        provide national leadership by conducting nationwide outreach 
        to each State, fostering the development of regional 
        leadership, and providing substantial technical assistance to 
        State, local, and tribal public safety officials, while more 
        effectively utilizing grant programs that fund interoperable 
        equipment and systems.
            (13) The Department of Homeland Security must implement 
        pilot programs and fund and conduct research to develop and 
        promote adoption of next-generation solutions for public safety 
        communications. The Department of Homeland Security must also 
        further develop its own internal expertise to enable it to 
        better lead national interoperability efforts and to provide 
        technically sound advice to State and local officials.
            (14) Achieving emergency communications capabilities and 
        interoperability requires the sustained commitment of 
        substantial resources. Nonetheless, emergency communications 
        capabilities and interoperability can be accomplished at a much 
        lower cost than would otherwise be possible if strong national 
        leadership drives cooperation and adoption of smart, new 
        technology solutions.
            (15) The private sector has a critical role to play in 
        developing cost-effective solutions to these problems.

SEC. <DELETED>3.</DELETED> 103. OFFICE FOR EMERGENCY COMMUNICATIONS, 
              INTEROPERABILITY, AND COMPATIBILITY.

    (a) In General.--Section 7303(a)(2) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(2)) is amended to 
read as follows:
            ``(2) Office for emergency communications, 
        interoperability, and compatibility.--
                    ``(A) Establishment of office.--There is 
                established an Office for Emergency Communications, 
                Interoperability, and Compatibility within the 
                Directorate of Science and Technology of the Department 
                of Homeland Security to carry out this subsection.
                    ``(B) Director.--There shall be a Director of the 
                Office for Emergency Communications, Interoperability, 
                and Compatibility, who shall be appointed by the 
                Secretary of Homeland Security.
                    ``(C) Responsibilities.--The Director of the Office 
                for Emergency Communications, Interoperability, and 
                Compatibility shall--
                            ``(i) assist the Secretary of Homeland 
                        Security in developing and implementing the 
                        program described in paragraph (1);
                            ``(ii) carry out the Department of Homeland 
                        Security's responsibilities and authorities 
                        relating to the SAFECOM Program;
                            ``(iii) carry out section 510 of the 
                        Homeland Security Act of 2002; and
                            ``(iv) conduct extensive, nationwide 
                        outreach and foster the development of 
                        emergency communications capabilities and 
                        interoperable communications systems by State, 
                        local, and tribal governments and public safety 
                        agencies, and by regional consortia thereof, 
                        by--
                                    ``(I) in coordination with the 
                                National Communications System, 
                                developing, updating, and implementing 
                                a national strategy to achieve 
                                emergency communications capabilities, 
                                with goals and timetables;
                                    ``(II) developing, updating, and 
                                implementing a national strategy to 
                                achieve communications 
                                interoperability, with goals and 
                                timetables;
                                    ``(III) developing a national 
                                architecture, which defines the 
                                components of an interoperable system 
                                and how they fit together;
                                    ``(IV) establishing and maintaining 
                                a task force that represents the broad 
                                customer base of State, local, and 
                                tribal public safety agencies, as well 
                                as Federal agencies, involved in public 
                                safety disciplines such as law 
                                enforcement, firefighting, emergency 
                                medical services, public health, and 
                                disaster recovery, in order to receive 
                                input and coordinate efforts to achieve 
                                emergency communications capabilities 
                                and communications interoperability;
                                    ``(V) working with the Office of 
                                Domestic Preparedness Interoperable 
                                Communications Technical Assistance 
                                Program to--
                                            ``(aa) provide technical 
                                        assistance to State, local, and 
                                        tribal officials; and
                                            ``(bb) facilitate the 
                                        creation of regional task 
                                        forces in each State, with 
                                        appropriate governance 
                                        structures and representation 
                                        from State, local, and tribal 
                                        governments and public safety 
                                        agencies and from the Federal 
                                        Government, to effectively 
                                        address emergency 
                                        communications capabilities, 
                                        interoperability, and other 
                                        communications and information-
                                        sharing needs;
                                    ``(VI) promoting a greater 
                                understanding of the importance of 
                                emergency communications capabilities, 
                                interoperability, and the benefits of 
                                sharing resources among all levels of 
                                State, local, tribal, and Federal 
                                government;
                                    ``(VII) promoting development of 
                                standard operating procedures for 
                                incident response and facilitating the 
                                sharing of information on best 
                                practices (including from governments 
                                abroad) for achieving emergency 
                                communications capabilities and 
                                interoperability;
                                    ``(VIII) making recommendations to 
                                Congress about any changes in Federal 
                                law necessary to remove barriers to 
                                achieving emergency communications 
                                capabilities and communications 
                                interoperability;
                                    ``(IX) funding and conducting pilot 
                                programs, as necessary, in order to--
                                            ``(aa) evaluate and 
                                        validate new technology 
                                        concepts in real-world 
                                        environments to achieve 
                                        emergency communications 
                                        capabilities and public safety 
                                        communications 
                                        interoperability;
                                            ``(bb) encourage more 
                                        efficient use of existing 
                                        resources, including equipment 
                                        and spectrum; and
                                            ``(cc) test and deploy 
                                        public safety communications 
                                        systems that are less prone to 
                                        failure, support new non-voice 
                                        services, consume less 
                                        spectrum, and cost less;
                                    ``(X) liaisoning with the private 
                                sector to develop solutions to improve 
                                emergency communications capabilities 
                                and achieve interoperability; 
                                <DELETED>and
                                </DELETED>    ``(XI) performing other 
                                functions necessary to improve 
                                emergency communications capabilities 
                                and achieve communications 
                                interoperability.
                                </DELETED>    ``(XI) using modeling and 
                                simulation for training exercises and 
                                command and control functions at the 
                                operational level; and
                                    ``(XII) performing other functions 
                                necessary to improve emergency 
                                communications capabilities and achieve 
                                communications interoperability.
                    ``(D) Sufficiency of resources.--The Secretary of 
                Homeland Security shall provide the Office for 
                Emergency Communications, Interoperability, and 
                Compatibility with the resources and staff necessary to 
                carry out the purposes of this section. The Secretary 
                shall further ensure that there is sufficient staff 
                within the Office of Emergency Communications, 
                Interoperability, and Compatibility, the Office for 
                Domestic Preparedness, the National Communications 
                Systems, and other offices of the Department of 
                Homeland Security as necessary, to provide dedicated 
                support to public safety organizations consistent with 
                the responsibilities set forth in subparagraph 
                (C)(iv).''.
    (b) Definitions.--Section 7303(g) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Interoperable communications and communications 
        interoperability.--The terms `interoperable communications' and 
        `communications interoperability' mean the ability of emergency 
        response providers and relevant Federal, State, and local 
        government agencies to communicate with each other as 
        necessary, utilizing information technology systems and radio 
        communications systems, and to exchange voice, data, or video 
        with one another on demand, in real time, as necessary.''; and
            (2) by adding at the end the following:
            ``(3) Emergency communications capabilities.--The term 
        `emergency communications capabilities' means the ability to 
        provide and maintain, throughout an emergency response 
        operation, a continuous flow of information among emergency 
        responders, agencies, and government officials from multiple 
        disciplines and jurisdictions and at all levels of government 
        in the event of a natural disaster, terrorist attack, or other 
        large-scale or catastrophic emergency, including where there 
        has been significant damage to, or destruction of, critical 
        infrastructure, substantial loss of ordinary telecommunications 
        infrastructure, and sustained loss of electricity.''.
    (c) Assessments and Reports.--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. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY ASSESSMENTS 
              AND REPORTS.

    ``(a) Baseline Interoperability Assessment.--The Secretary, acting 
through the Director of the Office for Emergency Communications, 
Interoperability, and Compatibility, shall conduct a nationwide 
assessment to determine the degree to which communications 
interoperability has been achieved to date and to ascertain the needs 
that remain for interoperability to be achieved.
    ``(b) Evaluation of Emergency Communications Capabilities.--The 
Secretary, acting through the Director of the Office for Emergency 
Communications, Interoperability, and Compatibility and the National 
Communications System, shall--
            ``(1) conduct an assessment of the ability of communities 
        to provide and maintain emergency communications among 
        emergency response providers and government officials in the 
        event of a natural disaster, terrorist attack, or other large-
        scale emergency, including where there is substantial damage to 
        ordinary communications infrastructure and sustained loss of 
        electricity;
            ``(2) compile a list of best practices among communities 
        for providing and maintaining communications in the event of a 
        natural disaster, terrorist attack, or other large-scale 
        emergency; and
            ``(3) conduct a study to evaluate 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 a natural disaster, terrorist attack, or other 
        large-scale emergency.
    ``(c) Biannual Reports.--Not later than 1 year after the date of 
enactment of this section, and biannually thereafter, the Secretary, 
acting through the Director of the Office for Emergency Communications, 
Interoperability, and Compatibility, shall submit to the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Homeland Security and the Committee on Energy and Commerce of the 
House of Representatives a report on the Department's progress in 
implementing and achieving the goals of the Assure Emergency and 
Interoperable Communications for First Responders Act of 2005. The 
first report submitted under this subsection shall include a 
description of the findings of the assessments, evaluations, and study 
conducted under subsections (a) and (b).''.

SEC. <DELETED>4.</DELETED> 104. RESEARCH AND DEVELOPMENT.

    Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.), as amended by section <DELETED>3</DELETED> 103, is amended by 
adding at the end the following:

``SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND 
              DEVELOPMENT.

    ``(a) In General.--The Secretary shall establish a comprehensive 
research and development program to promote emergency communications 
capabilities and communications interoperability among first 
responders, including by--
            ``(1) promoting research on a competitive basis through the 
        Directorate of Science and Technology Homeland Security 
        Advanced Research Projects Agency; and
            ``(2) considering establishment of a Center of Excellence 
        under the Department of Homeland Security Centers of Excellence 
        Program, using a competitive process, focused on enhancing 
        information and communications systems for first responders.
    ``(b) Purposes.--The purposes of the program established under 
subsection (a) include--
            ``(1) understanding the strengths and weaknesses of the 
        diverse public safety communications systems currently in use;
            ``(2) examining how current and emerging technology can 
        make public safety organizations more effective, and how 
        Federal, State, and local agencies can utilize this technology 
        in a coherent and cost-effective manner;
            ``(3) exploring Federal, State, and local policies that 
        will move systematically towards long-term solutions;
            ``(4) evaluating and validating new technology concepts, 
        and promoting the deployment of advanced public safety 
        information technologies for emergency communications 
        capabilities and interoperability; and
            ``(5) advancing the creation of a national strategy to 
        enhance emergency communications capabilities, promote 
        interoperability and efficient use of spectrum in 
        communications systems, improve information sharing across 
        organizations, and use advanced information technology to 
        increase the effectiveness of first responders in valuable new 
        ways.''.

SEC. <DELETED>5.</DELETED> 105. PILOT PROJECTS.

    Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.), as amended by sections <DELETED>3 and 4</DELETED> 103 and 104, 
is amended by adding at the end the following:

``SEC. 316. EMERGENCY COMMUNICATIONS PILOT PROJECTS.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall establish not fewer than 
2 pilot projects to develop and evaluate strategies and technologies 
for providing and maintaining emergency communications capabilities 
among emergency response providers and government officials in the 
event of a natural disaster, terrorist attack, or other large-scale 
emergency in which there is significant damage to, or destruction of, 
critical infrastructure, including substantial loss of ordinary 
telecommunications infrastructure and sustained loss of electricity.
    ``(b) Selection Criteria.--In selecting areas for the location of 
the pilot projects, the Secretary shall consider--
            ``(1) the risk to the area from a large-scale terrorist 
        attack or natural disaster;
            ``(2) the number of potential victims from a large-scale 
        terrorist attack or natural disaster in the area;
            ``(3) the existing capabilities of the area's emergency 
        communications systems and capabilities for the development of 
        modeling and simulation training and command and control 
        functions; and
            ``(4) such other criteria as the Secretary may determine 
        appropriate.''.

SEC. <DELETED>6.</DELETED> 106. AUTHORIZATION OF APPROPRIATIONS.

    In addition to the funds authorized to be appropriated by section 
7303(a)(3) of the Intelligence Reform and Terrorism Prevention Act of 
2004 (6 U.S.C. 194(a)(3)), there are authorized to be appropriated for 
the operations of the Office for Emergency Communications, 
Interoperability, and Compatibility, to provide technical assistance 
through the Office for Domestic Preparedness, to fund and conduct 
research under section 315 of the Homeland Security Act of 2002, to 
fund pilot projects under section 316 of the Homeland Security Act of 
2002, and for other appropriate entities within the Department of 
Homeland Security to support the activities described in section 7303 
of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 194) and sections 314 through 316 of the Homeland Security Act 
of 2002, as added by this Act--
            (1) $127,232,000 for fiscal year 2006;
            (2) $126,549,000 for fiscal year 2007;
            (3) $125,845,000 for fiscal year 2008;
            (4) $125,121,000 for fiscal year 2009; and
            (5) such sums as are necessary for each fiscal year 
        thereafter.

SEC. <DELETED>7.</DELETED> 107. DEDICATED FUNDING TO ACHIEVE EMERGENCY 
              COMMUNICATIONS CAPABILITIES AND INTEROPERABILITY.

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

 ``TITLE XVIII--DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS 
                   CAPABILITIES AND INTEROPERABILITY.

``SEC. 1801. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY GRANTS.

    ``(a) In General.--The Secretary, through the Office, shall make 
grants to States and eligible regions for initiatives necessary to 
improve emergency communications capabilities and to achieve short-term 
or long-term solutions to statewide, regional, national, and, where 
appropriate, international interoperability.
    ``(b) Use of Grant Funds.--Grants awarded under subsection (a) may 
be used for initiatives to achieve short-term or long-term solutions 
for emergency communications and interoperability within the State or 
region and to assist with any aspect of the communication life cycle, 
including--
            ``(1) statewide or regional communications planning;
            ``(2) system design and engineering;
            ``(3) procurement and installation of equipment;
        <DELETED>    ``(4) training and exercises; and</DELETED>
        <DELETED>    ``(5) other activities determined by the Secretary 
        to be integral to the achievement of emergency communications 
        capabilities and communications interoperability.</DELETED>
            ``(4) training exercises;
            ``(5) modeling and simulation exercises for operational 
        command and control functions; and
            ``(6) other activities determined by the Secretary to be 
        integral to the achievement of emergency communications 
        capabilities and communications interoperability.
    ``(c) Coordination.--The Secretary shall ensure that the Office 
coordinates its activities with the Office of Emergency Communications, 
Interoperability, and Compatibility, the Directorate of Science and 
Technology, the National Communications System, and other Federal 
entities so that grants awarded under this section, and other grant 
programs related to homeland security, fulfill the purposes of this Act 
and facilitate the achievement of emergency communications capabilities 
and communications interoperability consistent with the national 
strategy.
    ``(d) Application.--
            ``(1) In general.--A State or eligible region desiring a 
        grant under this section shall submit an application at such 
        time, in such manner, and accompanied by such information as 
        the Secretary may reasonably require.
            ``(2) Minimum contents.--At a minimum, each application 
        submitted under paragraph (1) shall--
                    ``(A) identify the critical aspects of the 
                communications life cycle, including planning, system 
                design and engineering, procurement and installation, 
                and training for which funding is requested;
                    ``(B) describe how--
                            ``(i) the proposed use of funds would be 
                        consistent with and address the goals in any 
                        applicable State homeland security plan, and, 
                        unless the Secretary determines otherwise, are 
                        consistent with the national strategy and 
                        architecture; and
                            ``(ii) the applicant intends to spend funds 
                        under the grant, to administer such funds, and 
                        to allocate such funds among any participating 
                        local governments; and
                    ``(C) be consistent with the Interoperable 
                Communications Plan required by section 7303(f) of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 194(f)).
    ``(e) State Review and Submission.--
            ``(1) In general.--To ensure consistency with State 
        homeland security plans, an eligible region applying for a 
        grant under this section shall submit its application to each 
        State within which any part of the eligible region is located 
        for review before submission of such application to the 
        Secretary.
            ``(2) Deadline.--Not later than 30 days after receiving an 
        application from an eligible region under paragraph (1), each 
        such State shall transmit the application to the Secretary.
            ``(3) State disagreement.--If the Governor of any such 
        State determines that a regional application is inconsistent 
        with the State homeland security plan of that State, or 
        otherwise does not support the application, the Governor 
        shall--
                    ``(A) notify the Secretary in writing of that fact; 
                and
                    ``(B) provide an explanation of the reasons for not 
                supporting the application at the time of transmission 
                of the application.
    ``(f) Award of Grants.--
            ``(1) Considerations.--In approving applications and 
        awarding grants under this section, the Secretary shall 
        consider--
                    ``(A) the nature of the threat to the State or 
                eligible region from a terrorist attack, natural 
                disaster, or other large-scale emergency;
                    ``(B) the location, risk, or vulnerability of 
                critical infrastructure and key national assets, 
                including the consequences from damage to critical 
                infrastructure in nearby jurisdictions as a result of a 
                terrorist attack, natural disaster, or other large-
                scale emergency;
                    ``(C) the size of the population, as well as the 
                population density of the area, that will be served by 
                the interoperable communications systems, except that 
                the Secretary shall not establish a minimum population 
                requirement that would disqualify from consideration an 
                area that otherwise faces significant threats, 
                vulnerabilities, or consequences from a terrorist 
                attack, natural disaster, or other large-scale 
                emergency;
                    ``(D) the extent to which grants will be utilized 
                to implement emergency communications and 
                interoperability solutions--
                            ``(i) consistent with the national strategy 
                        and compatible with the national architecture; 
                        and
                            ``(ii) more efficient and cost effective 
                        than current approaches;
                    ``(E) the number of jurisdictions within regions 
                participating in the development of emergency 
                communications capabilities and interoperable 
                communications systems, including the extent to which 
                the application includes all incorporated 
                municipalities, counties, parishes, and tribal 
                governments within the State or eligible region, and 
                their coordination with Federal and State agencies;
                    ``(F) the extent to which a grant would expedite 
                the achievement of emergency communications 
                capabilities and interoperability in the State or 
                eligible region with Federal, State, and local 
                agencies;
                    ``(G) the extent to which a State or eligible 
                region, given its financial capability, demonstrates 
                its commitment to expeditiously achieving emergency 
                communications capabilities and communications 
                interoperability by supplementing Federal funds with 
                non-Federal funds;
                    ``(H) whether the State or eligible region is on or 
                near an international border;
                    ``(I) whether the State or eligible region 
                encompasses an economically significant border 
                crossing;
                    ``(J) whether the State or eligible region has a 
                coastline bordering an ocean or international waters;
                    ``(K) the extent to which geographic barriers pose 
                unusual obstacles to achieving emergency communications 
                capabilities or communications interoperability;
                    ``(L) the threats, vulnerabilities, and 
                consequences faced by the State or eligible region 
                related to at-risk site or activities in nearby 
                jurisdictions, including the need to respond to 
                terrorist attacks, natural disasters, or other large-
                scale emergencies arising in those jurisdictions;
                    ``(M) the need to achieve nationwide emergency 
                communications capabilities and interoperability, 
                consistent with the national strategies; <DELETED>and
                </DELETED>    ``(N) such other factors as are specified 
                by the Secretary in writing. 
                </DELETED>    ``(N) the extent to which the State has 
                formulated a State executive interoperability committee 
                or conducted similar statewide planning efforts; and
                    ``(O) such other factors as are specified by the 
                Secretary in writing.
            ``(2) Review panel.--
                    ``(A) In general.--The Secretary shall establish a 
                review panel under section 871(a) to assist in 
                reviewing grant applications under this section.
                    ``(B) Recommendations.--The review panel 
                established under subparagraph (A) shall make 
                recommendations to the Secretary regarding applications 
                for grants under this section.
                    ``(C) Membership.--The review panel established 
                under subparagraph (A) shall include individuals with 
                technical expertise in emergency communications and 
                communications interoperability as well as emergency 
                response providers and other relevant State and local 
                officials.
            ``(3) Availability of funds.--Any grant funds awarded that 
        may be used to support emergency communications or 
        interoperability shall, as the Secretary may determine, remain 
        available for up to 3 years, consistent with section 7303(e) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 194(e)).
    ``(g) Definitions.--In this section, the following definitions 
apply:
            ``(1) Eligible region.--The term `eligible region' means--
                    ``(A) 2 or more contiguous incorporated 
                municipalities, counties, parishes, Indian tribes or 
                other general purpose jurisdictions that--
                            ``(i) have joined together to enhance 
                        emergency communications capabilities or 
                        communications interoperability between first 
                        responders in those jurisdictions and with 
                        State and Federal officials; and
                            ``(ii) includes the largest city in any 
                        metropolitan statistical area, as defined by 
                        the Office of Management and Budget; or
                    ``(B) any other area the Secretary determines to be 
                consistent with the definition of a region in the 
                national preparedness guidance issued under Homeland 
                Security Presidential Directive 8.
            ``(2) Office.--The term <DELETED>`office'</DELETED> 
        `Office' refers to the Office of Domestic Preparedness of the 
        Office of State and Local Government Preparedness and 
        Coordination within the Department.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the purposes of this section--
            ``(1) $400,000,000 for fiscal year 2006;
            ``(2) $500,000,000 for fiscal year 2007;
            ``(3) $600,000,000 for fiscal year 2008;
            ``(4) $800,000,000 for fiscal year 2009;
            ``(5) $1,000,000,000 for fiscal year 2010; and
            ``(6) such sums as are necessary for each fiscal year 
        thereafter.''.

SEC. <DELETED>8.</DELETED> 108. DEFINITIONS.

    Section 2 of the Homeland Security of Act of 2002 (6 U.S.C. 101) is 
amended--
            (1) by redesignating paragraphs (9) through (16) as 
        paragraphs (11) through (18), respectively;
            (2) by redesignating paragraphs (6) through (8) as 
        paragraphs (7) through (9), respectively;
            (3) by inserting after paragraph (5) the following:
            ``(6) The term `emergency communications capabilities' 
        means the ability to provide and maintain, throughout an 
        emergency response operation, a continuous flow of information 
        among emergency responders, agencies, and government officials 
        from multiple disciplines and jurisdictions and at all levels 
        of government, in the event of a natural disaster, terrorist 
        attack, or other large-scale or catastrophic emergency, 
        including where there has been significant damage to, or 
        destruction of, critical infrastructure, including substantial 
        loss of ordinary telecommunications infrastructure and 
        sustained loss of electricity.''; and
            (4) by inserting after paragraph <DELETED>(8)</DELETED> (9) 
        the following:
            ``<DELETED>(9)</DELETED> (10) The terms `interoperable 
        communications' and `communications interoperability' mean the 
        ability of emergency response providers and relevant Federal, 
        State, and local government agencies to communicate with each 
        other as necessary, utilizing information technology systems 
        and radio communications systems, and to exchange voice, data, 
        or video with one another on demand, in real time, as 
        necessary.''.

SEC. <DELETED>9.</DELETED> 109. INTERAGENCY COMMITTEE.

    (a) Establishment.--There is established an Interagency Committee 
on Emergency Communications and Interoperability (referred to in this 
section as ``the Committee'').
    (b) Composition.--The Committee shall be composed of:
            (1) a representative of the Department of Homeland 
        Security, who shall serve as Chair of the Committee;
            (2) a representative of the Federal Communications 
        <DELETED>Committee</DELETED> Commission;
            (3) a representative of the Department of Commerce;
            (4) a representative of the Department of Defense;
            (5) a representative of the Department of Justice;
            (6) a representative of the Department of Health and Human 
        Services;
            (7) a representative of the National Institute of Standards 
        and Technology; and
            (8) a representative of any other department or agency 
        determined to be necessary by the President.
    (c) Report.--Not later than 90 days after the date of enactment of 
this Act, the Committee shall submit a report to the President and to 
Congress that includes--
            (1) a proposal as to how to most effectively accelerate the 
        development of national standards for public safety 
        interoperable communications in accordance with section 7303 of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 194); and
            (2) a proposal on how to ensure that Federal officials 
        responding to a natural disaster, terrorist attack, or other 
        large-scale emergency, have the means to provide and maintain 
        emergency communications capabilities to support their response 
        efforts where there is significant damage to, or destruction 
        of, critical infrastructure, including substantial loss of 
        ordinary telecommunications infrastructure and sustained loss 
        of electricity.

SEC. <DELETED>10.</DELETED> 110. TECHNICAL AND CONFORMING AMENDMENTS.

    The table of contents in section 1(b) of the Homeland Security Act 
of 2002 (6 U.S.C. 101) is amended by--
            (1) inserting after the item relating to section 313 the 
        following:

        ``Sec. 314. Emergency communications and interoperability 
                            assessments and report.
        ``Sec. 315. Emergency communications and interoperability 
                            research and development.
        ``Sec. 316. Emergency communications pilot projects.''.
            (2) adding at the end the following:

 ``TITLE XVIII--DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS 
                   CAPABILITIES AND INTEROPERABILITY

        ``Sec. 1801. Emergency communications and interoperability 
                            grants.''.

SEC. 111. COMMUNICATION SYSTEM GRANTS.

    (a) Definitions.--In this section--
            (1) the term ``demonstration project'' means the 
        demonstration project established under subsection (b)(1);
            (2) the term ``Department'' means the Department of 
        Homeland Security;
            (3) the term ``emergency response provider'' has the 
        meaning given that term in section 2(6) of the Homeland 
        Security Act of 2002 (6 U.S.C. 101(6)); and
            (4) the term ``Secretary'' means the Secretary of Homeland 
        Security.
    (b) In General.--
            (1) Establishment.--There is established in the Department 
        an ``International Border Community Interoperable 
        Communications Demonstration Project''.
            (2) Minimum number of communities.--The Secretary shall 
        select not fewer than 6 communities to participate in a 
        demonstration project.
            (3) Location of communities.--Not fewer than 3 of the 
        communities selected under paragraph (2) shall be located on 
        the northern border of the United States and not fewer than 3 
        of the communities selected under paragraph (2) shall be 
        located on the southern border of the United States.
    (c) Project Requirements.--The demonstration projects shall--
            (1) address the interoperable communications needs of 
        police officers, firefighters, emergency medical technicians, 
        National Guard, and other emergency response providers;
            (2) foster interoperable communications--
                    (A) among Federal, State, local, and tribal 
                government agencies in the United States involved in 
                preventing or responding to terrorist attacks or other 
                catastrophic events; and
                    (B) with similar agencies in Canada or Mexico;
            (3) identify common international cross-border frequencies 
        for communications equipment, including radio or computer 
        messaging equipment;
            (4) foster the standardization of interoperable 
        communications equipment;
            (5) identify solutions that will facilitate communications 
        interoperability across national borders expeditiously;
            (6) ensure that emergency response providers can 
        communicate with each other and the public at disaster sites or 
        in the event of a terrorist attack or other catastrophic event;
            (7) provide training and equipment to enable emergency 
        response providers to deal with threats and contingencies in a 
        variety of environments; and
            (8) identify and secure appropriate joint-use equipment to 
        ensure communications access.
    (d) Distribution of Funds.--
            (1) In general.--The Secretary shall distribute funds under 
        this section to each community participating in a demonstration 
        project through the State, or States, in which each community 
        is located.
            (2) Other participants.--Not later than 60 days after 
        receiving funds under paragraph (1), a State receiving funds 
        under this section shall make the funds available to the local 
        governments and emergency response providers participating in a 
        demonstration project selected by the Secretary.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary in each of fiscal years 2006, 
2007, and 2008, to carry out this section.
    (f) Reporting.--Not later than December 31, 2005, and each year 
thereafter in which funds are appropriated for a demonstration project, 
the Secretary shall provide to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives a report on the demonstration 
projects under this section.

      TITLE II--DISASTER AREA HEALTH AND ENVIRONMENTAL MONITORING

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Disaster Area Health and 
Environmental Monitoring Act of 2005''.

SEC. 202. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER 
              AREA.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act is amended by inserting after section 408 (42 U.S.C. 
5174) the following:

``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A 
              DISASTER AREA.

    ``(a) Definitions.--In this section:
            ``(1) Individual.--The term `individual' includes--
                    ``(A) a worker or volunteer who responds to a 
                disaster, including--
                            ``(i) a police officer;
                            ``(ii) a firefighter;
                            ``(iii) an emergency medical technician;
                            ``(iv) any participating member of an urban 
                        search and rescue team; and
                            ``(v) any other relief or rescue worker or 
                        volunteer that the President determines to be 
                        appropriate;
                    ``(B) a worker who responds to a disaster by 
                assisting in the cleanup or restoration of critical 
                infrastructure in and around a disaster area;
                    ``(C) a person whose place of residence is in a 
                disaster area;
                    ``(D) a person who is employed in or attends 
                school, child care, or adult day care in a building 
                located in a disaster area; and
                    ``(E) any other person that the President 
                determines to be appropriate.
            ``(2) Program.--The term `program' means a program 
        described in subsection (b) that is carried out for a disaster 
        area.
            ``(3) Substance of concern.--The term `substance of 
        concern' means a chemical or other substance that is associated 
        with potential acute or chronic human health effects, the risk 
        of exposure to which could potentially be increased as the 
        result of a disaster, as determined by the President.
    ``(b) Program.--
            ``(1) In general.--If the President determines that 1 or 
        more substances of concern are being, or have been, released in 
        an area declared to be a disaster area under this Act, the 
        President may carry out a program for the protection, 
        assessment, monitoring, and study of the health and safety of 
        individuals to ensure that--
                    ``(A) the individuals are adequately informed about 
                and protected against potential health impacts of any 
                substance of concern and potential mental health 
                impacts in a timely manner;
                    ``(B) the individuals are monitored and studied 
                over time, including through baseline and followup 
                clinical health examinations, for--
                            ``(i) any short- and long-term health 
                        impacts of any substance of concern; and
                            ``(ii) any mental health impacts;
                    ``(C) the individuals receive health care referrals 
                as needed and appropriate; and
                    ``(D) information from any such monitoring and 
                studies is used to prevent or protect against similar 
                health impacts from future disasters.
            ``(2) Activities.--A program under paragraph (1) may 
        include such activities as--
                    ``(A) collecting and analyzing environmental 
                exposure data;
                    ``(B) developing and disseminating information and 
                educational materials;
                    ``(C) performing baseline and followup clinical 
                health and mental health examinations and taking 
                biological samples;
                    ``(D) establishing and maintaining an exposure 
                registry;
                    ``(E) studying the short- and long-term human 
                health impacts of any exposures through epidemiological 
                and other health studies; and
                    ``(F) providing assistance to individuals in 
                determining eligibility for health coverage and 
                identifying appropriate health services.
            ``(3) Timing.--To the maximum extent practicable, 
        activities under any program established under paragraph (1) 
        (including baseline health examinations) shall be commenced in 
        a timely manner that will ensure the highest level of public 
        health protection and effective monitoring.
            ``(4) Participation in registries and studies.--
                    ``(A) In general.--Participation in any registry or 
                study that is part of a program under paragraph (1) 
                shall be voluntary.
                    ``(B) Protection of privacy.--The President shall 
                take appropriate measures to protect the privacy of any 
                participant in a registry or study described in 
                subparagraph (A).
            ``(5) Cooperative agreements.--
                    ``(A) In general.--The President may carry out a 
                program under paragraph (1) through a cooperative 
                agreement with a medical institution, including a local 
                health department, or a consortium of medical 
                institutions.
                    ``(B) Selection criteria.--To the maximum extent 
                practicable, the President shall select to carry out a 
                program under paragraph (1) a medical institution or a 
                consortium of medical institutions that--
                            ``(i) is located near--
                                    ``(I) the disaster area with 
                                respect to which the program is carried 
                                out; and
                                    ``(II) any other area in which 
                                there reside groups of individuals that 
                                worked or volunteered in response to 
                                the disaster; and
                            ``(ii) has appropriate experience in the 
                        areas of environmental or occupational health, 
                        toxicology, and safety, including experience 
                        in--
                                    ``(I) developing clinical protocols 
                                and conducting clinical health 
                                examinations, including mental health 
                                assessments;
                                    ``(II) conducting long-term health 
                                monitoring and epidemiological studies;
                                    ``(III) conducting long-term mental 
                                health studies; and
                                    ``(IV) establishing and maintaining 
                                medical surveillance programs and 
                                environmental exposure or disease 
                                registries.
            ``(6) Involvement.--
                    ``(A) In general.--In establishing and maintaining 
                a program under paragraph (1), the President shall 
                involve interested and affected parties, as 
                appropriate, including representatives of--
                            ``(i) Federal, State, and local government 
                        agencies;
                            ``(ii) groups of individuals that worked or 
                        volunteered in response to the disaster in the 
                        disaster area;
                            ``(iii) local residents, businesses, and 
                        schools (including parents and teachers);
                            ``(iv) health care providers; and
                            ``(v) other organizations and persons.
                    ``(B) Committees.--Involvement under subparagraph 
                (A) may be provided through the establishment of an 
                advisory or oversight committee or board.
            ``(7) Privacy.--The President shall carry out each program 
        under paragraph (1) in accordance with regulations relating to 
        privacy promulgated under section 264(c) of the Health 
        Insurance Portability and Accountability Act of 1996 (42 U.S.C. 
        1320d-2 note; Public Law 104-191).
    ``(c) Reports.--Not later than 1 year after the establishment of a 
program under subsection (b)(1), and every 5 years thereafter, the 
President, or the medical institution or consortium of such 
institutions having entered into a cooperative agreement under 
subsection (b)(5), shall submit to the Secretary of Homeland Security, 
the Secretary of Health and Human Services, the Secretary of Labor, the 
Administrator of the Environmental Protection Agency, and appropriate 
committees of Congress a report on programs and studies carried out 
under the program.''.

SEC. 203. NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA HEALTH 
              AND ENVIRONMENTAL PROTECTION AND MONITORING.

    (a) In General.--The Secretary of Homeland Security, the Secretary 
of Health and Human Services, and the Administrator of the 
Environmental Protection Agency shall jointly enter into a contract 
with the National Academy of Sciences to conduct a study and prepare a 
report on disaster area health and environmental protection and 
monitoring.
    (b) Expertise.--The report under subsection (a) shall be prepared 
with the participation of individuals who have expertise in--
            (1) environmental health, safety, and medicine;
            (2) occupational health, safety, and medicine;
            (3) clinical medicine, including pediatrics;
            (4) toxicology;
            (5) epidemiology;
            (6) mental health;
            (7) medical monitoring and surveillance;
            (8) environmental monitoring and surveillance;
            (9) environmental and industrial hygiene;
            (10) emergency planning and preparedness;
            (11) public outreach and education;
            (12) State and local health departments;
            (13) State and local environmental protection departments;
            (14) functions of workers that respond to disasters, 
        including first responders; and
            (15) public health and family services.
    (c) Contents.--The report under subsection (a) shall provide advice 
and recommendations regarding protecting and monitoring the health and 
safety of individuals potentially exposed to any chemical or other 
substance associated with potential acute or chronic human health 
effects as the result of a disaster, including advice and 
recommendations regarding--
            (1) the establishment of protocols for the monitoring of 
        and response to chemical or substance releases in a disaster 
        area for the purpose of protecting public health and safety, 
        including--
                    (A) chemicals or other substances for which samples 
                should be collected in the event of a disaster, 
                including a terrorist attack;
                    (B) chemical- or substance-specific methods of 
                sample collection, including sampling methodologies and 
                locations;
                    (C) chemical- or substance-specific methods of 
                sample analysis;
                    (D) health-based threshold levels to be used and 
                response actions to be taken in the event that 
                thresholds are exceeded for individual chemicals or 
                other substances;
                    (E) procedures for providing monitoring results 
                to--
                            (i) appropriate Federal, State, and local 
                        government agencies;
                            (ii) appropriate response personnel; and
                            (iii) the public;
                    (F) responsibilities of Federal, State, and local 
                agencies for--
                            (i) collecting and analyzing samples;
                            (ii) reporting results; and
                            (iii) taking appropriate response actions; 
                        and
                    (G) capabilities and capacity within the Federal 
                Government to conduct appropriate environmental 
                monitoring and response in the event of a disaster, 
                including a terrorist attack; and
            (2) other issues as specified by the Secretary of Homeland 
        Security, the Secretary of Health and Human Services, and the 
        Administrator of the Environmental Protection Agency.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 204. PREDISASTER HAZARD MITIGATION.

    Section 203(m) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking 
``December 31, 2003'' and inserting ``September 30, 2007''.

                         TITLE III--EVACUATIONS

SEC. 301. EVACUATION IN EMERGENCIES.

    (a) Findings and Purpose.--
            (1) Findings.--Congress makes the following findings:
                    (A) The catastrophic Hurricane Katrina, which hit 
                the Gulf Coast of the United States, caused massive 
                damage to the States of Louisiana, Mississippi, and 
                Alabama.
                    (B) The total loss of life in the area is still 
                unknown. The economic loss is still not calculated, but 
                is estimated to be in the tens to hundreds of billions 
                of dollars.
                    (C) Many of the lives lost to Hurricane Katrina, 
                and the flooding that ensued, could have been prevented 
                had everyone been evacuated before the hurricane came 
                ashore.
                    (D) Many of those people who were not evacuated--
                            (i) lacked the resources to evacuate and 
                        did not have access to any means of 
                        transportation to evacuate;
                            (ii) had neither a vehicle nor the funding 
                        to pay for transportation out of the threatened 
                        areas; and
                            (iii) did not have access to, nor could 
                        they afford, temporary accommodations outside 
                        the threatened areas.
                    (E) Many elderly and disabled individuals, 
                including those in hospitals and nursing homes, were 
                physically incapable of leaving on their own.
                    (F) In St. Bernard Parish, Louisiana, an estimated 
                32 of 60 residents in the St. Rita nursing home 
                perished in the rising flood waters in the aftermath of 
                Hurricane Katrina.
                    (G) A more effective predisaster and postdisaster 
                plan for evacuation that addressed the requirements of 
                those with special needs, such as those without 
                transportation or those with physical disabilities, 
                could have helped save lives.
            (2) Purpose.--The purpose of this section is to ensure the 
        preparation of communities for future natural, accidental, or 
        deliberate disasters by ensuring that the States prepare for 
        the evacuation of individuals with special needs.
    (b) Evacuation Plans for Individuals With Special Needs.--The 
Secretary of Homeland Security, acting through the Office of State and 
Local Government Coordination and Preparedness, shall take appropriate 
actions to ensure that each State, as that term is defined in section 
2(14) of the Homeland Security Act of 2002 (6 U.S.C. 101(14)), requires 
appropriate State and local officials to develop detailed and 
comprehensive predisaster and postdisaster plans for the evacuation of 
individuals with special needs, including the elderly, disabled 
individuals, low-income individuals and families, the homeless, and 
individuals who do not speak English, in emergencies that would warrant 
their evacuation, including plans for the provision of food, water, and 
shelter for evacuees.
    (c) Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit to Congress a report setting forth, for each State, the 
        status and key elements of the plans to evacuate individuals 
        with special needs in emergencies that would warrant their 
        evacuation.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include a discussion of--
                    (A) whether the States have the resources necessary 
                to implement fully their evacuation plans; and
                    (B) the manner in which the plans of the States are 
                integrated with the response plans of the Federal 
                Government for emergencies that would require the 
                evacuation of individuals with special needs.
                                                       Calendar No. 232

109th CONGRESS

  1st Session

                                S. 1725

_______________________________________________________________________

                                 A BILL

To strengthen Federal leadership, provide grants, enhance outreach and 
  guidance, and provide other support to State and local officials to 
       enhance emergency communications capabilities, to achieve 
     communications interoperability, to foster improved regional 
 collaboration and coordination, to promote more efficient utilization 
of funding devoted to public safety communications, to promote research 
   and development by both the public and private sectors for first 
           responder communications, and for other purposes.

_______________________________________________________________________

                           September 29, 2005

                        Reported with amendments