[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