[Congressional Record Volume 151, Number 115 (Wednesday, September 14, 2005)]
[Senate]
[Pages S10045-S10046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 1703. A bill to provide for the development and implementation of 
an emergency backup communications system; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. KERRY. Mr. President, today I am introducing the Communications 
Security Act of 2005. The events of 9/11 uncovered manifest structural 
weaknesses in our communications system, which were then highlighted by 
the 9/11 Commission. At the time, public safety and emergency response 
officials were not able to communicate at a basic level. We have not 
taken adequate steps to fix that dangerous problem, and Hurricane 
Katrina has bluntly demonstrated that. Much of the communications 
system was knocked off-line along the Gulf Coast. It was remarkable to 
watch as the television news crews had better luck communicating than 
our first responders. As the disaster unfolded, our first responders 
and emergency officials repeatedly cited communications failures as a 
major obstacle to the disaster response effort.
  We need a redundant communications system that will work in times of 
emergency. Dramatic advances in technology and the availability of new 
spectrum as part of the DTV transition offer opportunities to address 
this problem. The Communications Security Act of 2005 requires the 
technical experts at the Department of Homeland Security and the 
Federal Communications Commission evaluate the feasibility and cost of 
deploying a back-up emergency communications system. The agencies will 
evaluate all reasonable options, including satellites, wireless and 
terrestrial-based systems. They will evaluate all available public and 
private resources that could provide such a system and submit a report 
to Congress detailing the findings. The DHS is then authorized to 
request appropriations to implement the system. Congress would then be 
in position to put in place whatever programs and funding are needed to 
get the job done.
  This proposal will not resolve all of our long-term needs in 
preparedness and interoperability, and I am pleased that many of my 
colleagues are working on the various pieces of this puzzle. However, 
in the interim, we must ensure that we can respond in emergency 
situations with an eye toward building a reliable, redundant system for 
the long term.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1703

       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 ``Communications Security Act 
     of 2005''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The tragic events of September 11, 2001, placed an 
     enormous strain on the communications network in New York 
     City, New York and Washington, District of Columbia. 
     Officials from both cities struggled to communicate and 
     coordinate among the various emergency response teams 
     dispatched to ``Ground Zero'' and the Pentagon. These events 
     uncovered manifest structural weaknesses in the 
     communications infrastructure of the United States.
       (2) The 9/11 Commission Report states that our Nation 
     remains largely unprepared to communicate effectively in the 
     event of another attack or natural catastrophe.
       (3) The massive communications failures associated with 
     Hurricane Katrina illustrate the continuing inadequacies of 
     our communications systems in times of crisis.
       (4) Despite heroic efforts by public officials and 
     communications industry personnel, the failure of our 
     communications network to persevere in the face of a 
     catastrophic hurricane severely hampered post-storm recovery 
     efforts.
       (5) A comprehensive effort must be undertaken to deal with 
     the communications challenges faced by our Nation, including 
     short-term and long-term steps that can be taken to improve 
     the interoperable communications and emergency response 
     capability within the United States.
       (6) There is an immediate need for the development and 
     deployment of an emergency back-up communications system to 
     enhance the Nation's emergency response capabilities. 
     Deployment of an emergency back-up communications system 
     should be a priority of the United States.
       (7) The deployment of such a system is a critical first 
     step in enhancing the overall communications infrastructure. 
     Other required improvements will need to be made in such 
     areas as training, personnel, equipment, software, and 
     services for local governments, and assistance with capital 
     expenses. Supporting and enhancing ongoing efforts in this 
     regard is an important goal.

     SEC. 3. EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.

       Title III of the Homeland Security Act of 2002 (6 U.S.C. 
     181 et seq.), as amended by section 4, is further amended by 
     adding at the end the following:

[[Page S10046]]

     ``SEC. 317. EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of the Communications Security Act of 2005, the 
     Secretary, in conjunction with the Federal Communications 
     Commission, 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. In conducting that evaluation, 
     the Secretary 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.
       ``(b) Components.--The back-up system shall include--
       ``(1) reliable means of emergency communications; and
       ``(2) if necessary, handsets, desktop communications 
     devices, or other appropriate devices for each public safety 
     entity.
       ``(c) Factors to Be Evaluated.--The evaluation under 
     subsection (a) shall include--
       ``(1) 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 
     purposes creating such an emergency back-up medical facility 
     public safety communications system;
       ``(2) the feasibility of using private satellite, wireless, 
     or terrestrial networks for emergency communications;
       ``(3) 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
       ``(4) 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 an emergency back-
     up communications systems.
       ``(d) Report.--Upon the completion of the evaluation under 
     subsection (a), the Secretary 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.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.
       ``(f) Expedited Funding Option and Implementation 
     Strategy.--If, as a result of the evaluation conducted under 
     subsection (a), the Secretary determines that the 
     establishment of such a back-up system is feasible then the 
     Secretary shall request appropriations for the deployment of 
     such a back-up communications system not later than 90 days 
     after submission of the report under subsection (d).''.
       (b) Clerical Amendment.--The table of contents for the 
     Homeland Security Act of 2002, as amended by section 4, is 
     amended by inserting after the item relating to section 316 
     the following:

``Sec. 317. Emergency communications back-up system.''.
                                 ______