109th CONGRESS
2d Session
H. R. 5852
IN THE SENATE OF THE UNITED STATES
July 26, 2006
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
AN ACT
To amend the Homeland Security Act of 2002 to enhance emergency
communications at the Department of Homeland Security, and for other purposes.
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 `21st Century Emergency Communications Act
of 2006'.
SEC. 2. EMERGENCY COMMUNICATIONS.
(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by adding at the end the following new title:
`TITLE XVIII--EMERGENCY COMMUNICATIONS
`SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.
`(a) In General- There is in the Department an Office of Emergency Communications.
`(b) Assistant Secretary- The head of the office shall be the Assistant
Secretary for Emergency Communications.
`(c) Responsibilities- The Assistant Secretary for Emergency Communications
shall--
`(1) assist the Secretary in developing and implementing the program described
in section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(a)(1)), except as provided in section 314;
`(2) administer the Department's responsibilities and authorities relating
to the SAFECOM Program, excluding elements related to research, development,
testing, and evaluation and standards;
`(3) administer the Department's responsibilities and authorities relating
to the Integrated Wireless Network program;
`(4) coordinate, as appropriate, regarding the administration of the National
Communications System;
`(5) conduct extensive, nationwide outreach and foster the development
of interoperable emergency communications capabilities by State, regional,
local, and tribal governments and public safety agencies;
`(6) provide technical assistance to State, regional, local, and tribal
officials with respect to use of interoperable emergency communications
capabilities;
`(7) facilitate the creation of Regional Emergency Communications Coordination
Working Groups under section 1805;
`(8) promote the development of best practices with respect to use of
interoperable emergency communications capabilities for incident response
and facilitate the sharing of information on such best practices (including
from governments abroad) for achieving, maintaining, and enhancing interoperable
emergency communications capabilities for such response;
`(9) coordinate the establishment of a national response capability with
initial and ongoing planning, implementation, and training for the deployment
of backup communications services in the event of a catastrophic loss
of local and regional emergency communications services;
`(10) assist the President, the National Security Council, the Homeland
Security Council, and the Director of the Office of Management and Budget
in ensuring the operability of the telecommunications functions and responsibilities
of the Federal Government, excluding spectrum management;
`(11) establish, in coordination with the Director of the Office of Interoperability
and Compatibility, requirements for total and nonproprietary interoperable
emergency communications capabilities for all public safety radio and
data communications systems and equipment purchased using homeland security
assistance administered by the Department;
`(12) review, in consultation with the Assistant Secretary for Grants
and Training, all interoperable emergency communications plans of Federal,
State, local, and tribal governments, including Statewide and tactical
interoperability plans, developed pursuant to homeland security assistance
administered by the Department, but excluding spectrum allocation and
management related to such plans.
`(d) Performance of Previously Transferred Functions- There is transferred
to the Secretary the authority to administer, through the Assistant Secretary
for Emergency Communications, the following:
`(1) The SAFECOM Program, excluding elements related to research, development,
testing, and evaluation and standards.
`(2) The responsibilities of the Chief Information Officer related to
the implementation of the Integrated Wireless Network.
`(3) The Interoperable Communications Technical Assistance Program.
`(e) Coordination- The Assistant Secretary shall coordinate, as appropriate,
with the Director of the Office for Interoperability and Compatibility with
respect to the responsibilities described in section 314.
`(f) Sufficiency of Resources Plan-
`(1) REPORT- Not later than days 60 days after the enactment of this section,
the Secretary shall submit to Congress a report on the resources and staff
necessary to carry out the responsibilities under this subtitle.
`(2) COMPTROLLER GENERAL REVIEW- The Comptroller General shall review
the validity of the report submitted by the Secretary under paragraph
(1). Not later than 30 days after the date on which such report is submitted,
the Comptroller General shall submit to Congress a report containing the
findings of such review.
`SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS REPORT.
`(a) In General- The Secretary, acting through the Assistant Secretary for
Emergency Communications, shall, not later than one year after the completion
of the baseline assessment under section 1803, and in cooperation with State,
local, and tribal governments, Federal departments and agencies, emergency
response providers, emergency support responders, and the private sector,
develop a National Emergency Communications Report to provide recommendations
regarding how the United States can accelerate the deployment of interoperable
emergency communications nationwide.
`(b) Contents- The report shall--
`(1) include a national interoperable emergency communications inventory
to be completed by the Secretary of Homeland Security, the Secretary of
Commerce, and the Chairman of the Federal Communications Commission that--
`(A) identifies for each Federal department and agency--
`(i) the channels and frequencies used;
`(ii) the nomenclature used to refer to each channel or frequency
used; and
`(iii) the types of communications system and equipment used;
`(B) identifies the interoperable emergency communications systems in
use for public safety systems in the United States; and
`(C) provides a listing of public safety mutual aid channels in operation
and their ability to connect to an interoperable communications system;
`(2) recommend, in consultation with the Federal Communications Commission
and the National Institute of Standards and Technology, a process for
expediting national voluntary consensus-based emergency communications
equipment standards for the purchase and use by public safety agencies
of interoperable emergency communications equipment and technologies;
`(3) identify the appropriate interoperable emergency communications capabilities
necessary for Federal, State, local, and tribal governments to operate
at all threat levels;
`(4) recommend both short-term and long-term solutions for deploying Federal,
State, local, and tribal interoperable emergency communications systems
nationwide, including through the provision of existing and emerging technologies
that facilitate operability, interoperability, coordination, and integration
among existing emergency communications systems;
`(5) identify how Federal Government departments and agencies that respond
to acts of terrorism, natural disasters, and other emergencies can work
effectively with State, local, and tribal governments, in all States,
and with other entities;
`(6) include recommendations to identify and overcome obstacles to deploying
interoperable emergency communications nationwide; and
`(7) recommend goals and timeframes for the deployment of an emergency,
command-level communications system based on new and existing equipment
across the United States and develop a timetable for deploying interoperable
emergency communications systems nationwide.
`SEC. 1803. ASSESSMENTS AND REPORTS.
`(a) Baseline Operability and Interoperability Assessment- Not later than
one year after the date of the enactment of this section and not less than
every 5 years thereafter, the Secretary, acting through the Assistant Secretary
for Emergency Communications, shall conduct an assessment of Federal, State,
local, and tribal governments, to--
`(1) define the range of operable and interoperable emergency communications
capabilities needed for specific events;
`(2) assess the current capabilities to meet such communications needs;
and
`(3) identify the gap between such current capabilities and defined requirements.
`(b) Progress Reports- Not later than one year after the date of enactment
of this section and annually thereafter, the Secretary, acting through the
Assistant Secretary for Emergency Communications, shall submit to Congress
a report on the progress of the Department in implementing and achieving
the goals of this subtitle, including--
`(1) a description of the findings of the most recent baseline assessment
conducted under subsection (a);
`(2) a determination of the degree to which interoperable emergency communications
has been achieved to date and ascertain the gaps that remains for interoperability
to be achieved;
`(3) an assessment of the ability of communities to provide and maintain
interoperable emergency communications among emergency managers, emergency
response providers, emergency support providers, and government officials
in the event of acts of terrorism, natural disasters, or other emergencies,
including Incidents of National Significance declared by the Secretary
under the National Response Plan, and where there is substantial damage
to communications infrastructure;
`(4) a list of best practices among communities for providing and maintaining
interoperable emergency communications in the event of acts of terrorism,
natural disasters, or other emergencies; and
`(5) an evaluation of the feasibility and desirability of the Department
developing, on its own or in conjunction with the Department of Defense,
a mobile communications capability, modeled on the Army Signal Corps,
that could be deployed to support emergency communications at the site
of acts of terrorism, natural disasters, or other emergencies.
`SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
`(a) Coordination of Grants and Standards Programs- The Secretary, acting
through Assistant Secretary for Emergency Communications, shall ensure that
grant guidelines for the use of homeland security assistance administered
by the Department relating to interoperable emergency communications are
coordinated and consistent with the goals and recommendations in the National
Emergency Communications Report under section 1802.
`(b) Denial of Eligibility for Grants-
`(1) IN GENERAL- The Secretary, acting through the Assistant Secretary
for Grants and Planning, and in consultation with the Assistant Secretary
for Emergency Communications, may prohibit any State, local, or tribal
government from using homeland security assistance administered by the
Department to achieve, maintain, or enhance interoperable emergency communications
capabilities, if--
`(A) such government has not complied with the requirement to submit
a Statewide Interoperable Communications Plan as required by section
7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 194(f));
`(B) such government has proposed to upgrade or purchase new equipment
or systems that do not meet or exceed any applicable national voluntary
consensus standards and has not provided a reasonable explanation of
why such equipment or systems will serve the needs of the applicant
better than equipment or systems that meet or exceed such standards;
and
`(C) as of the date that is three years after the date of the enactment
of this section, national voluntary consensus standards for interoperable
emergency communications capabilities have not been developed and promulgated.
`(2) STANDARDS- The Secretary, in coordination with the Federal Communications
Commission, the National Institute of Standards and Technology, and other
Federal departments and agencies with responsibility for standards, shall
support the development, promulgation, and updating as necessary of national
voluntary consensus standards for interoperable emergency communications
with the goal of having such standards in place to satisfy the requirements
of paragraph (1)(C).
`SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.
`(a) In General- There is in each Regional Office a Regional Emergency Communications
Coordination Working Group (in this section referred to as an `RECC Working
Group').
`(b) Subject Matter Experts- The RECC Working Group shall consist of the
following:
`(1) NON-FEDERAL- Organizations representing the interests of the following:
`(B) Local officials, including sheriffs.
`(C) State police departments.
`(D) Local police departments.
`(E) Local fire departments.
`(F) Public safety answering points (9-1-1 services).
`(G) Communications equipment vendors (including broadband data service
providers).
`(I) Public utility services.
`(J) Local exchange carriers.
`(K) Local broadcast media.
`(M) Satellite communications services.
`(N) Emergency evacuation transit services.
`(P) HAM and amateur radio operators.
`(Q) State emergency managers, homeland security directors, or representatives
of State Administrative Agencies.
`(R) Local emergency managers or homeland security directors.
`(T) Other emergency response providers or emergency support providers
as deemed appropriate.
`(2) FEDERAL- Representatives from the Department and other Federal departments
and agencies with responsibility for coordinating interoperable emergency
communications with or providing emergency support services to State,
local, and tribal governments.
`(c) Duties- The duties of each RECC Working Group shall include--
`(1) assessing the survivability, sustainability, and interoperability
of local emergency communications systems to meet the goals of the National
Emergency Communications Report;
`(2) reporting annually to the Assistant Secretary for Emergency Communications
on the status of its region in building robust and sustainable interoperable
voice and data emergency communications networks and on the progress of
the region in meeting the goals of the National Emergency Communications
Report under section 1802 when such Report is complete;
`(3) ensuring a process for the coordination of the establishment of effective
multijurisdictional, multi-agency emergency communications networks for
use during acts of terrorism, natural disasters, and other emergencies
through the expanded use of emergency management and public safety communications
mutual aid agreements; and
`(4) coordinating the establishment of Federal, State, local, and tribal
support services and networks designed to address the immediate and critical
human needs in responding to acts of terrorism, natural disasters, and
other emergencies.
`SEC. 1806. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.
`(a) Establishment- There is established the Emergency Communications Preparedness
Center (in this section referred to as the `Center').
`(1) IN GENERAL- The Secretary, the Chairman of the Federal Communications
Commission, the Secretary of Defense, the Secretary of Commerce, the Attorney
General, and the heads of other Federal departments and agencies or their
designees shall jointly operate the Center in accordance with the Memorandum
of Understanding entitled, `Emergency Communications Preparedness Center
(ECPC) Charter'.
`(2) CHAIR- The Chair of the Center shall rotate every two years between
the Secretary of Homeland Security, the Secretary of Defense, the Secretary
of Commerce, the Attorney General, and the Chairman of the Federal Communications
Commission.
`(c) Functions- The Center shall--
`(1) serve as the focal point for interagency efforts to address operable
and interoperable communications;
`(2) serve as a clearinghouse with respect to all relevant information
regarding intergovernmental efforts to achieve nationwide interoperable
emergency communications capabilities;
`(3) ensure cooperation among the relevant Federal Government departments
and agencies to improve effectiveness in the communication and implementation
of the goals recommended in the National Emergency Communications Report
under section 1802, including specifically by working to avoid duplication,
hindrances, and counteractive efforts among the participating Federal
departments and agencies;
`(4) prepare and submit to Congress, on an annual basis, a strategic assessment
regarding the efforts of Federal departments and agencies to implement
the National Emergency Communications Report under section 1802; and
`(5) perform such other functions as are provided in the ECPC Charter
under subsection (b)(1).
`(d) Report- Not later than 180 days after the date of the enactment of
this section, the Chair shall transmit to the Congress a report regarding
the implementation of this section, including a description of the staffing
and resource needs of the Center.
`SEC. 1807. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.
`(a) In General- The Secretary, in consultation with the Chairman of the
Federal Communications Commission and the Secretary of Defense, and with
appropriate State, local, and tribal government officials, shall provide
technical guidance, training, and other assistance, as appropriate, to support
the rapid establishment of consistent, secure, and effective interoperable
emergency communications capabilities in the event of an emergency in urban
and other areas determined by the Secretary to be at consistently high levels
of risk from acts of terrorism, natural disasters, and other emergencies.
`(b) Minimum Capabilities- The interoperable emergency communications capabilities
established under subsection (a) shall ensure the ability of all levels
of government, emergency response providers, emergency support providers,
the private sector, and other organizations with emergency response capabilities--
`(1) to communicate with each other in the event of an emergency;
`(2) to have appropriate and timely access to the Information Sharing
Environment described in section 1016 of the National Security Intelligence
Reform Act of 2004 (6 U.S.C. 321); and
`(3) to be consistent with any applicable State or Urban Area homeland
strategy or plan.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is amended by adding at the end the following:
`TITLE XVIII--EMERGENCY COMMUNICATIONS
`Sec. 1801. Office of Emergency Communications.
`Sec. 1802. National Emergency Communications Report.
`Sec. 1803. Assessments and reports.
`Sec. 1804. Coordination of Federal emergency communications grant programs.
`Sec. 1805. Regional emergency communications coordination.
`Sec. 1806. Emergency Communications Preparedness Center.
`Sec. 1807. Urban and other high risk area communications capabilities.
SEC. 3. OFFICE OF INTEROPERABILITY AND COMPATIBILITY.
(a) In General- Title III of the Homeland Security Act of 2002 (6 U.S.C.
181 et seq.) is amended by adding at the end the following:
`SEC. 314. OFFICE OF INTEROPERABILITY AND COMPATIBILITY.
`(a) Clarification of Responsibilities- The Director of the Office of Interoperability
and Compatibility shall--
`(1) assist the Secretary in developing and implementing the science and
technology aspects of the program described in subparagraphs (D), (E),
(F), and (G) of section 7303(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1));
`(2) support the creation of national voluntary consensus standards for
interoperable emergency communications;
`(3) establish a comprehensive research, development, testing, and evaluation
program for improving interoperable emergency communications;
`(4) establish, in coordination with the Assistant Secretary for Emergency
Communications, requirements for total and nonproprietary interoperable
emergency communications capabilities for all public safety radio and
data communications systems and equipment purchased using homeland security
assistance administered by the Department;
`(5) carry out the Department's responsibilities and authorities relating
to research, development, testing, evaluation, or standards-related elements
of the SAFECOM Program;
`(6) evaluate and assess new technology in real-world environments to
achieve interoperable emergency communications capabilities;
`(7) encourage more efficient use of existing resources, including equipment,
to achieve interoperable emergency communications capabilities;
`(8) test public safety communications systems that are less prone to
failure, support new nonvoice services, use spectrum more efficiently,
and cost less than existing systems; and
`(9) coordinate with the private sector to develop solutions to improve
emergency communications capabilities and achieve interoperable emergency
communications capabilities.
`(b) Coordination- The Director shall coordinate with the Assistant Secretary
for Emergency Communications with respect to the SAFECOM program.
`(c) Sufficiency of Resources- The Secretary shall provide the Office for
Interoperability and Compatibility the resources and staff necessary to
carry out the responsibilities under this section.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is amended by inserting at the end of the items relating to title III the
following:
`Sec. 314. Office of Interoperability and Compatibility.'.
SEC. 4. SENSE OF CONGRESS ON THE PROJECT 25 CONFORMITY ASSESSMENT PROJECT.
It is the sense of Congress that in carrying out the responsibilities and
authorities of the Department of Homeland Security relating to the SAFECOM
Program, the Assistant Secretary of Homeland Security for Emergency Communications
and the Director of the Office of Interoperability and Compatibility should
work with the National Institute of Standards and Technology for the purpose
of implementing, as soon as possible, the Project 25 Compliance Assessment
Program.
Passed the House of Representatives July 25, 2006.
Attest:
KAREN L. HAAS,
Clerk.
END
