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

                                                        Calendar No. 67
110th CONGRESS
  1st Session
                                 S. 385

                          [Report No. 110-30]

 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

                             March 5, 2007

 Reported by Mr. Inouye, with amendments and an amendment to the title
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 <DELETED>equipment or 
                systems </DELETED>equipment, software, 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).'';
        <DELETED>    (2) by redesignating subsections (b) and (c) as 
        subsections (k) and (l), respectively, and inserting after 
        subsection (a) the following:</DELETED>
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (l), (m), and (n), 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 
        <DELETED>preparedness. </DELETED>preparedness and that takes 
        into account the risks associated with, and the likelihood of 
        the occurrence of, terrorist attacks or natural catastrophes 
        (including, but not limited to, hurricanes, tornados, storms, 
        high water, winddriven water, tidal waves, tsunami, 
        earthquakes, volcanic eruptions, landslides, mudslides, snow 
        and ice storms, forest fires, or droughts) in a State.
    ``(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 
                <DELETED>(6 U.S.C. 194(a)(1)(D)); </DELETED>(6 U.S.C. 
                194(a)(1)(D)) to the extent that such standards exist 
                for a given category of equipment; 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 (and communications service 
        related to such 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 <DELETED>satellite equipment, 
                </DELETED>satellite-enabled equipment (and related 
                communications service), 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) Voluntary 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, voluntary consensus standards for interoperable 
communications systems to the greatest extent <DELETED>practicable. 
</DELETED>practicable, but shall not require any such standard.
    ``(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 final program rules for the implementation 
of this <DELETED>section.''; and</DELETED> section.
    ``(k) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude the use of funds under this 
section by any public safety agency for interim or long-term Internet 
Protocol-based interoperable solutions, notwithstanding compliance with 
the Project 25 standard.''; and
            (3) by striking paragraph (3) of subsection <DELETED>(l), 
        </DELETED>(n), 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 Assistant Secretary of Commerce for 
        Communications and Information and 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.
    (c) Joint Advisory Committee on Communications Capabilities of 
Emergency Medical Care Facilities.--
            (1) Establishment.--The Assistant Secretary of Commerce for 
        Communications and Information and the Chairman of Federal 
        Communications Commission, in consultation with the Secretary 
        of Homeland Security and the Secretary of Health and Human 
        Services, shall establish a joint advisory committee to examine 
        the communications capabilities and needs of emergency medical 
        care facilities. The joint advisory committee shall be composed 
        of individuals with expertise in communications technologies 
        and emergency medical care, including representatives of 
        Federal, State and local governments, industry and non-profit 
        health organizations, and academia and educational 
        institutions.
            (2) Duties.--The joint advisory committee shall--
                    (A) assess specific communications capabilities and 
                needs of emergency medical care facilities, including 
                the including improvement of basic voice, data, and 
                broadband capabilities;
                    (B) assess options to accommodate growth of basic 
                and emerging communications services used by emergency 
                medical care facilities;
                    (C) assess options to improve integration of 
                communications systems used by emergency medical care 
                facilities with existing or future emergency 
                communications networks; and
                    (D) report its findings to the Senate Committee on 
                Commerce, Science, and Transportation and the House of 
                Representatives Committee on Energy and Commerce, 
                within 6 months after the date of enactment of this 
                Act.
    (d) Authorization of Emergency Medical Communications Pilot 
Projects.
            (1) In general.--The Assistant Secretary of Commerce for 
        Communications and Information may establish not more than 10 
        geographically dispersed project grants to emergency medical 
        care facilities to improve the capabilities of emergency 
        communications systems in emergency medical care facilities.
            (2) Maximum amount.--The Assistant Secretary may not 
        provide more than $2,000,000 in Federal assistance under the 
        pilot program to any applicant.
            (3) Cost sharing.--The Assistant Secretary may not provide 
        more than 50 percent of the cost, incurred during the period of 
        the grant, of any project under the pilot program.
            (4) Maximum period of grants.--The Assistant Secretary may 
        not fund any applicant under the pilot program for more than 3 
        years.
            (5) Deployment and distribution.--The Assistant Secretary 
        shall seek to the maximum extent practicable to ensure a broad 
        geographic distribution of project sites.
            (6) Transfer of information and knowledge.--The Assistant 
        Secretary shall establish mechanisms to ensure that the 
        information and knowledge gained by participants in the pilot 
        program are transferred among the pilot program participants 
        and to other interested parties, including other applicants 
        that submitted applications.

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.

SEC. 4. CROSS BORDER INTEROPERABILITY REPORTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Federal Communications Commission, in conjunction with 
the Department of Homeland Security, the Office of Management of 
Budget, and the Department of State shall report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce on--
            (1) the status of the mechanism established by the 
        President under section 7303(c) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for 
        coordinating cross border interoperability issues between--
                    (A) the United States and Canada; and
                    (B) the United States and Mexico;
            (2) the status of treaty negotiations with Canada and 
        Mexico regarding the coordination of the re-banding of 800 
        megahertz radios, as required under the final rule of the 
        Federal Communication Commission in the ``Private Land Mobile 
        Services; 800 MHz Public Safety Interface Proceeding'' (WT 
        Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, 
        RM-9498; RM-10024; FCC 04-168), including the status of any 
        outstanding issues in the negotiations between--
                    (A) the United States and Canada; and
                    (B) the United States and Mexico;
            (3) communications between the Commission and the 
        Department of State over possible amendments to the bilateral 
        legal agreements and protocols that govern the coordination 
        process for license applications seeking to use channels and 
        frequencies above Line A;
            (4) the annual rejection rate for the last 5 years by the 
        United States of applications for new channels and frequencies 
        by Canadian private and public entities; and
            (5) any additional procedures and mechanisms that can be 
        taken by the Commission to decrease the rejection rate for 
        applications by United States private and public entities 
        seeking licenses to use channels and frequencies above Line A.
    (b) Updated Reports To Be Filed on the Status of Treaty of 
Negotiations.--The Federal Communications Commission, in conjunction 
with the Department of Homeland Security, the Office of Management of 
Budget, and the Department of State shall continually provide updated 
reports to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives on the status of treaty negotiations under subsection 
(a)(2) until the appropriate United States treaty has been revised with 
each of--
            (1) Canada; and
            (2) Mexico.

SEC. 5. EXTENSION OF SHORT QUORUM.

    Notwithstanding section 4(d) of the Consumer Product Safety Act (15 
U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission, 
if they are not affiliated with the same political party, shall 
constitute a quorum for the 6-month period beginning on the date of 
enactment of this Act.
            Amend the title so as to read: ``A Bill to improve the 
        interoperability of emergency communications equipment and 
        systems.''.
                                                        Calendar No. 67

110th CONGRESS

  1st Session

                                 S. 385

                          [Report No. 110-30]

_______________________________________________________________________

                                 A BILL

 To improve the interoperability of emergency communications equipment.

_______________________________________________________________________

                             March 5, 2007

         Reported with amendments and an amendment to the title