[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 385 Introduced in Senate (IS)]

  1st Session
                                 S. 385

 To improve the interoperability of emergency communications equipment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2007

  Mr. Inouye (for himself, Mr. Stevens, Mr. Kerry, Mr. Smith, and Ms. 
Snowe) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To improve the interoperability of emergency communications equipment.

    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 ``Interoperable Emergency 
Communications Act''.

SEC. 2. INTEROPERABLE EMERGENCY COMMUNICATIONS.

    (a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309 
note) is amended--
            (1) by striking paragraphs (1) and (2) of subsection (a) 
        and inserting the following:
            ``(1) may take such administrative action as is necessary 
        to establish and implement a grant program to assist public 
        safety agencies--
                    ``(A) in conducting statewide or regional planning 
                and coordination to improve the interoperability of 
                emergency communications;
                    ``(B) in supporting the design and engineering of 
                interoperable emergency communications systems;
                    ``(C) in supporting the acquisition or deployment 
                of interoperable communications equipment or systems 
                that improve or advance the interoperability with 
                public safety communications systems;
                    ``(D) in obtaining technical assistance and 
                conducting training exercises related to the use of 
                interoperable emergency communications equipment and 
                systems; and
                    ``(E) in establishing and implementing a strategic 
                technology reserve to pre-position or secure 
                interoperable communications in advance for immediate 
                deployment in an emergency or major disaster (as 
                defined in section 102(2) of Public Law 93-288 (42 
                U.S.C. 5122)); and
            ``(2) shall make payments of not to exceed $1,000,000,000, 
        in the aggregate, through fiscal year 2010 from the Digital 
        Television Transition and Public Safety Fund established under 
        section 309(j)(8)(E) of the Communications Act of 1934 (47 
        U.S.C. 309(j)(8)(E)) to carry out the grant program established 
        under paragraph (1), of which not more than $100,000,000, in 
        the aggregate, may be allocated for grants under paragraph 
        (1)(E).'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (k) and (l), respectively, and inserting after subsection (a) 
        the following:
    ``(b) Expedited Implementation.--Pursuant to section 4 of the Call 
Home Act of 2006, no less than $1,000,000,000 shall be awarded for 
grants under subsection (a) no later than September 30, 2007, subject 
to the receipt of qualified applications as determined by the Assistant 
Secretary.
    ``(c) Allocation of Funds.--In awarding grants under subparagraphs 
(A) through (D) of subsection (a)(1), the Assistant Secretary shall 
ensure that grant awards--
            ``(1) result in distributions to public safety entities 
        among the several States that are consistent with section 
        1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)); and
            ``(2) are prioritized based upon threat and risk factors 
        that reflect an all-hazards approach to communications 
        preparedness.
    ``(d) Eligibility.--To be eligible for assistance under the grant 
program established under subsection (a), an applicant shall submit an 
application, at such time, in such form, and containing such 
information as the Assistant Secretary may require, including--
            ``(1) a detailed explanation of how assistance received 
        under the program would be used to improve regional, State, or 
        local communications interoperability and ensure 
        interoperability with other appropriate public safety agencies 
        in an emergency or a major disaster; and
            ``(2) assurance that the equipment and system would--
                    ``(A) be compatible with the communications 
                architecture developed under section 7303(a)(1)(E) of 
                the Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 194(a)(1)(E));
                    ``(B) meet any voluntary consensus standards 
                developed under section 7303(a)(1)(D) of that Act (6 
                U.S.C. 194(a)(1)(D)); and
                    ``(C) be consistent with the common grant guidance 
                established under section 7303(a)(1)(H) of that Act (6 
                U.S.C. 194(a)(1)(H)).
    ``(e) Criteria for Certain Grants.--In awarding grants under 
subparagraphs (A) through (D) of subsection (a)(1), the Assistant 
Secretary shall ensure that all grants funded are consistent with 
Federal grant guidance established by the SAFECOM Program within the 
Department of Homeland Security.
    ``(f) Criteria for Strategic Technology Reserve Grants.--
            ``(1) In general.--In awarding grants under subsection 
        (a)(1)(E), the Assistant Secretary shall consider the 
        continuing technological evolution of communications 
        technologies and devices, with its implicit risk of 
        obsolescence, and shall ensure, to the maximum extent feasible, 
        that a substantial part of the reserve involves prenegotiated 
        contracts and other arrangements for rapid deployment of 
        equipment, supplies, and systems rather than the warehousing or 
        storage of equipment and supplies currently available at the 
        time the reserve is established.
            ``(2) Requirements and characteristics.--A reserve 
        established under paragraph (1) shall--
                    ``(A) be capable of re-establishing communications 
                when existing infrastructure is damaged or destroyed in 
                an emergency or a major disaster;
                    ``(B) include appropriate current, widely-used 
                equipment, such as Land Mobile Radio Systems, cellular 
                telephones and satellite equipment, Cells-On-Wheels, 
                Cells-On-Light-Trucks, or other self-contained mobile 
                cell sites that can be towed, backup batteries, 
                generators, fuel, and computers;
                    ``(C) include equipment on hand for the Governor of 
                each State, key emergency response officials, and 
                appropriate State or local personnel;
                    ``(D) include contracts (including prenegotiated 
                contracts) for rapid delivery of the most current 
                technology available from commercial sources; and
                    ``(E) include arrangements for training to ensure 
                that personnel are familiar with the operation of the 
                equipment and devices to be delivered pursuant to such 
                contracts.
            ``(3) Additional characteristics.--Portions of the reserve 
        may be virtual and may include items donated on an in-kind 
        contribution basis.
            ``(4) Consultation.--In developing the reserve, the 
        Assistant Secretary shall seek advice from the Secretary of 
        Defense and the Secretary of Homeland Security, as well as 
        national public safety organizations, emergency managers, 
        State, local, and tribal governments, and commercial providers 
        of such systems and equipment.
            ``(5) Allocation and use of funds.--The Assistant Secretary 
        shall allocate--
                    ``(A) a portion of the reserve's funds for block 
                grants to States to enable each State to establish a 
                strategic technology reserve within its borders in a 
                secure location to allow immediate deployment; and
                    ``(B) a portion of the reserve's funds for regional 
                Federal strategic technology reserves to facilitate any 
                Federal response when necessary, to be held in each of 
                the Federal Emergency Management Agency's regional 
                offices, including Boston, Massachusetts (Region 1), 
                New York, New York (Region 2), Philadelphia, 
                Pennsylvania (Region 3), Atlanta, Georgia (Region 4), 
                Chicago, Illinois (Region 5), Denton, Texas (Region 6), 
                Kansas City, Missouri (Region 7), Denver, Colorado 
                (Region 8), Oakland, California (Region 9), Bothell, 
                Washington (Region 10), and each of the noncontiguous 
                States for immediate deployment.
    ``(g) Consensus Standards.--In carrying out this section, the 
Assistant Secretary, in cooperation with the Secretary of Homeland 
Security shall identify and, if necessary, encourage the development 
and implementation of, consensus standards for interoperable 
communications systems to the greatest extent practicable.
    ``(h) Use of Economy Act.--In implementing the grant program 
established under subsection (a)(1), the Assistant Secretary may seek 
assistance from other Federal agencies in accordance with section 1535 
of title 31, United States Code.
    ``(i) Inspector General Report.--Beginning with the first fiscal 
year beginning after the date of enactment of the Interoperable 
Emergency Communications Act, the Inspector General of the Department 
of Commerce shall conduct an annual assessment of the management of the 
grant program implemented under subsection (a)(1) and transmit a report 
containing the findings of that assessment and any recommendations 
related thereto to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Energy and 
Commerce.
    ``(j) Deadline for Implementation Program Rules.--Within 90 days 
after the date of enactment of the Interoperable Emergency 
Communications Act, the Assistant Secretary, in consultation with the 
Secretary of Homeland Security and the Federal Communications 
Commission, shall promulgate program rules for the implementation of 
this section.''; and
            (3) by striking paragraph (3) of subsection (l), as 
        redesignated.
    (b) FCC Report on Emergency Communications Back-Up System.--
            (1) In General.--Not later than 1 year after the date of 
        enactment of this Act, the Federal Communications Commission, 
        in coordination with the Secretary of Homeland Security, shall 
        evaluate the technical feasibility of creating a back-up 
        emergency communications system that complements existing 
        communications resources and takes into account next generation 
        and advanced telecommunications technologies. The overriding 
        objective for the evaluation shall be providing a framework for 
        the development of a resilient interoperable communications 
        system for emergency responders in an emergency. The Commission 
        shall evaluate all reasonable options, including satellites, 
        wireless, and terrestrial-based communications systems and 
        other alternative transport mechanisms that can be used in 
        tandem with existing technologies.
            (2) Factors to be evaluated.--The evaluation under 
        paragraph (1) shall include--
                    (A) a survey of all Federal agencies that use 
                terrestrial or satellite technology for communications 
                security and an evaluation of the feasibility of using 
                existing systems for the purpose of creating such an 
                emergency back-up public safety communications system;
                    (B) the feasibility of using private satellite, 
                wireless, or terrestrial networks for emergency 
                communications;
                    (C) the technical options, cost, and deployment 
                methods of software, equipment, handsets or desktop 
                communications devices for public safety entities in 
                major urban areas, and nationwide; and
                    (D) the feasibility and cost of necessary changes 
                to the network operations center of terrestrial-based 
                or satellite systems to enable the centers to serve as 
                emergency back-up communications systems.
            (3) Report.--Upon the completion of the evaluation under 
        subsection (a), the Commission shall submit a report to 
        Congress that details the findings of the evaluation, including 
        a full inventory of existing public and private resources most 
        efficiently capable of providing emergency communications.

SEC. 3. RULE OF CONSTRUCTION.

    (a) In General.--Title VI of the Post-Katrina emergency Management 
Reform Act of 2006 (Public Law 109-295) is amended by adding at the end 
thereof the following:

``SEC. 699A. RULE OF CONSTRUCTION.

    ``Nothing in this title, including the amendments made by this 
title, may be construed to reduce or otherwise limit the authority of 
the Department of Commerce or the Federal Communications Commission.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as though enacted as part of the Department of Homeland Security 
Appropriations Act, 2007.
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