To provide for the development and implementation of an emergency backup communications system.

September 14, 2005

Mr. KERRY introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

To provide for the development and implementation of an emergency backup communications system.

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.

(a) 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:

`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.'.

END