[Congressional Record Volume 153, Number 14 (Wednesday, January 24, 2007)]
[Senate]
[Pages S1071-S1072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Stevens, Mr. Kerry, Mr. Smith, 
        and Ms. Snowe):
  S. 385. A bill to improve the interoperability of emergency 
communications equipment; to the Committee on Commerce, Science, and 
Transportation.
  Mr. INOUYE. Mr. President, I rise today to call attention to an 
important issue that the Congress has not adequately addressed since 
the painful events of September 11, 2001.
  That issue is the inability of our first responders to speak to each 
other, a problem especially troubling during an emergency, when the 
ability to quickly and effectively communicate saves lives.
  This is why I, with the cosponsorship of my colleagues, Senators 
Stevens, Kerry, Smith and Snowe, are introducing the Interoperable 
Emergency Communications Act.
  After September 11, 2001, we heard heartbreaking stories of 
firefighters and police officers who went into harm's way because they 
lacked adequate information. These brave men and women were unable to 
reach victims because their systems could not communicate with one 
another.
  At that time, the Congress began devoting greater attention to why 
many of our first responders lacked this ability to communicate with 
each other in the field. We asked what it would take to ensure 
communications equipment and facilities could withstand a natural 
disaster. We asked which equipment would be worthy of our investment.
  Then Hurricane Katrina struck in August, 2006, and we found that our 
first responders faced the same communications failures. This is an 
unnecessary frustration that prevents our first responders from 
effectively doing their jobs.
  Our bill provides needed direction to the National Telecommunications 
and Information Administration (NTIA) regarding its administration of 
the $1 billion grant program for interoperable communications systems 
for first responders, which was created by the Senate Commerce 
Committee early last year. It will be funded by money from the Digital 
Transition and Public Safety Fund and administered by the NTIA.
  The bill designates grants for regional or statewide communications 
systems that will allow first responders to talk to one another during 
an emergency. It also sets aside funding for a technology reserve for 
immediate deployment of communications equipment in the event of an 
emergency or disaster.
  To ensure a fair distribution of funds, the money will be distributed 
in accordance with guidelines outlined in the Patriot Act to ensure a 
fair distribution of funds, and grant allocations will be prioritized 
based on an ``all hazards'' approach that will take into account threat 
and risk factors associated with natural disasters--such as hurricanes, 
tsunamis, earthquakes, and tornadoes--as well as risks associated with 
terrorist attacks.
  Every day we hear about potential threats against our Nation and it 
will not be long until we are again in the midst of hurricane season. I 
hope that history will not repeat itself and that the Congress can act 
quickly in directing the NTIA to give our first responders the tools 
they need to effectively do their jobs. I ask unanimous consent that 
the text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 385

       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

[[Page S1072]]

     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.
                                 ______