[DOCID: f:sr030.110]
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110th Congress Report
SENATE
1st Session 110-30
_______________________________________________________________________
Calendar No. 67
INTEROPERABLE EMERGENCY COMMUNICATIONS ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 385
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
March 5, 2007.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
first session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Margaret Spring, General Counsel
Lisa Sutherland, Republican Staff Director
Christine Kurth, Republican Deputy Staff Director
Kenneth Nahigian, Republican Chief Counsel
Calendar No. 67
110th Congress Report
SENATE
1st Session 110-30
======================================================================
INTEROPERABLE EMERGENCY COMMUNICATIONS ACT
_______
March 5, 2007.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 385]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill <greek-l>joint resolution deg. (S.
385) <greek-l>TITLE deg. to improve the interoperability of
emergency communications equipment, having considered the same,
reports favorably thereon with amendments and recommends that
the bill <greek-l>joint resolution deg. (as amended) do pass.
Purpose of the Bill
The purpose of the bill is to promote greater communications
interoperability among first responders and to improve the
redundancy and resiliency of public safety communications
networks in response to emergencies or major disasters.
Background and Needs
Government attention to the use of communications technology
in promoting public safety dates back to the very beginning of
communications law in the United States. At the turn of the
20th century, communications failures associated with the
sinking of the Titanic led Congress to pass the Radio Act of
1912, which established federal licensing and required all
seafaring vessels to maintain 24-hour radio contact with nearby
ships and coastal radio stations. In the intervening decades,
that interest has not abated. Over a decade ago, the Federal
Communications Commission (FCC) and the National
Telecommunications and Information Administration (NTIA)
jointly created the Public Safety Wireless Advisory Committee
(PSWAC), which examined the communications needs of public
safety agencies and specifically cited communications
interoperability in its September 2006 report as the ``key to
success in day-to-day operations, joint task force and mutual
aid operations, and many other intra- and inter-jurisdictional
activities''. Such attention has only intensified in recent
years following a series of high-profile communications
failures experienced by first responders during the terrorist
attacks on September 11, 2001, the 2003 Northeast electrical
blackouts and, most recently, in the aftermath of Hurricanes
Katrina and Rita.
INTEROPERABILITY
Communications interoperability generally refers to the
ability of public safety agencies to talk across disciplines
and jurisdictions via radio communications systems, exchanging
voice and/or data with one another on demand, in real time,
when needed, and as authorized. It does not mean that all first
responders can listen to and talk on all channels, but rather
that first responders will have the capability to talk with who
they need to and when they need to during an emergency. Since
completion of the PSWAC report in 1996, a number of government-
led initiatives have worked to improve the interoperability of
voice communications among first responders. While these
efforts have yielded incremental advances, public safety
entities continue to face a number of obstacles, including
adequate funding, which continues to affect our Nation's
progress in making sure that all first responders can
communicate with each other in times of crisis.
REDUNDANCY AND RESILIENCY
The events of September 11, the 2003 Northeast electrical
blackout, and the aftermath of Hurricanes Katrina and Rita,
also have helped to demonstrate that one of the biggest
problems for effective public safety communications in times of
crisis is damage to underlying public safety communications
networks. In the case of Hurricane Katrina, the virtual
communications failure resulting from damage to New Orleans'
main communications transmitter underscores this problem and
raises questions as to how our public communications systems
can be made more redundant and resilient to disasters. Such
events have reinforced the importance of redundant back-up
communications capabilities for public safety personnel,
including satellite communications platforms as well as
scalable, Internet protocol-based ``mesh network'' technologies
that could be used to restore communications quickly when
traditional terrestrial networks fail.
FUNDING
Public safety entities not only face budgetary pressures in
securing sufficient funding to upgrade, operate, and maintain
interoperable communications systems, but these obstacles are
often exacerbated by increased costs associated with the
robustness and reliability requirements of public safety
systems and the limited scale economies achievable across a
user base of an estimated 3 million first responders. In an
effort to address some of these funding pressures, Congress, as
part of the Deficit Reduction Act of 2005, created a new, $1
billion trust fund for public safety communications from
expected auction revenues. Specifically, the law directed NTIA,
in consultation with Department of Homeland Security (DHS), to
spend these funds on public safety training and equipment
related to systems that use, or interoperate with, systems
using certain public safety frequencies that will be vacated by
broadcasters following the completion of the digital television
(DTV) transition. Later, in December 2006, Congress passed the
Call Home Act (P.L. 109-459), which requires NTIA to award
these funds by September 30, 2007, subject to the receipt of
qualified applications as determined by the Assistant Secretary
of Commerce for Communications and Information.
Legislative History
On January 24, 2007, Senator Inouye introduced S. 385, the
``Interoperable Emergency Communications Act,'' which was
cosponsored by Senators Stevens, Kerry, Smith, and Snowe and
referred to the Committee on Commerce, Science, and
Transportation for consideration. On February 8, 2007, the
Committee held a hearing on the Present and Future of Public
Safety Communications, which included consideration of S. 385.
On February 13, 2007, the Committee met in open Executive
Session to consider a manager's amendment that was offered by
Senators Inouye and Stevens. The manager's amendment was
comprised of ten amendments filed by various members of the
committee that were modified by consent where appropriate.
Specifically, the manager's amendment included: an amendment
by Senators Inouye and Stevens making certain minor and
technical corrections; an amendment by Senators Stevens,
Vitter, Smith, and Snowe, as modified, ensuring that the all-
hazards approach to threat and risk analysis takes into account
the likelihood of the occurrence of natural catastrophes; an
amendment by Senator Cantwell, as modified, expanding eligible
assistance categories to include software and services; an
amendment by Senator Cantwell clarifying that the voluntary
equipment standards apply only to equipment for which such
standards exist; an amendment by Senators Sununu and Cantwell,
as modified, clarifying the eligibility of interim or long-term
Internet Protocol-based interoperable solutions; an amendment
by Senator Sununu ensuring that rules issued within 90 days of
enactment are final rules; an amendment by Senator Sununu, as
modified, ensuring that any consensus standards for
interoperable communications are voluntary; an amendment by
Senators Sununu, Cantwell, Stevens, and Snowe requiring the FCC
to report on certain cross border interoperability issues; an
amendment by Senators Kerry and Stevens establishing a joint
advisory committee on communications capabilities of emergency
medical care facilities and to authorize emergency medical
communications pilot projects; and an amendment by Senator
Pryor, as modified, extending the quorum authority for the
Consumer Product Safety Commission for 6 months.
The manager's amendment was adopted by voice vote and the
bill was ordered to be reported, as amended.
Estimated Costs
<greek-l>In compliance with subsection (a)(3) of paragraph 11
of rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraphs (1) and (2) of that subsection
in order to expedite the business of the Senate. deg.
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
February 26, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 385, the
Interoperable Emergency Communications Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 385--Interoperable Emergency Communications Act
Summary: S. 385 would establish a pilot program to award
grants to emergency medical care facilities to improve their
emergency communication systems. The bill also would provide
additional guidance to the National Telecommunications and
Information Administration (NTIA) for awarding grants to public
safety agencies to improve the interoperability of emergency
communication systems.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing the provisions of S. 385 would cost
about $1 million in 2008 and $20 million over the 2008-2012
period.
S. 385 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act, UMRA,
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary impact of S. 385 is shown in the following table. The
costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 20 0 0 0 0
Estimated Outlays............... 1 7 8 4 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, we assume the bill
will be enacted in 2007 and that amounts estimated to be
necessary will be appropriated for each year beginning in
fiscal year 2008.
S. 385 would require NTIA to establish a joint advisory
committee to examine the communications systems of emergency
medical care facilities to determine both their capabilities
and needs. The bill also would create a pilot program to award
grants of up to $2 million to no more than 10 emergency medical
care facilities to improve their emergency communications
systems.
CBO estimates that implementing the advisory committee and
pilot grant program would cost about $1 million in 2008 and $20
million over the 2008-2012 period, subject to appropriation of
the necessary amounts.
The bill also would require the Federal Communications
Commission to evaluate and report on the feasibility of
developing a backup emergency communications system and report
on the status of certain issues related to interoperability of
communications between the United States, Canada, and Mexico.
CBO estimates that the cost of those reports would be
insignificant, and would be subject to the availability of
appropriated funds.
Finally, S. 385 would provide guidance to NTIA for awarding
grants to state and local governments to improve the
interoperability of public safety communications systems. Under
current law, NTIA is required to award up to $1 billion in
interoperability grants no later than September 30, 2007. The
bill would clarify the types of projects that would be eligible
for grant awards but would not affect the cost of the program.
Intergovernmental and private-sector impact: S. 385
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Susan Willie; Impact
on State, Local, and Tribal Governments: Sarah Puro; Impact on
the Private Sector: Fatimot Ladipo.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
<greek-l>In compliance with subsection (b)(2) of paragraph 11
of rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraph (1) of that subsection in order
to expedite the business of the Senate. deg.
<greek-l>Because S. ------ does not create any new programs,
the legislation will have no additional regulatory impact, and
will result in no additional reporting requirements. The
legislation will have no further effect on the number or types
of individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and
businesses. deg.
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 385 would affect the disbursement of funds 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)). Persons affected include
those entities eligible to receive such funds under current
law. S. 385 additionally would authorize the creation of ten
pilot programs to improve the communications capabilities of
emergency medical care facilities. As a result, with the
exception of emergency care facilities eligible for these new
pilot programs, the number of persons covered by this
legislation should be consistent with current levels of
individuals already eligible for funding from the Digital
Television Transition and Public Safety Fund.
ECONOMIC IMPACT
S. 385 would provide NTIA with further congressional guidance
as to its administration of the Digital Television Transition
and Public Safety Fund, but would not affect the directive in
current law requiring these funds to be awarded no later than
September 30, 2007. The legislation would, however, authorize
ten new pilot program grants, not to exceed $2 million each,
for assistance to improve communications capabilities at
emergency medical care facilities.
PRIVACY
S. 385 would not have any adverse impact on the personal
privacy of the individuals affected.
PAPERWORK
S. 385 would require the Inspector General of the Department
of Commerce to submit to Congress annually a report on the
administration of the Digital Television Transition and Public
Safety Fund. In addition, S. 385 would create a Joint Advisory
Committee on communications capabilities of emergency medical
care facilities that would be required to issue a report to
Congress six months after enactment.
Section-by-Section Analysis
Section 1. Short title.
Section 1 would set forth the short title of the bill as the
``Interoperable Emergency Communications Act.''
Section 2. Interoperable emergency communications.
Subsection 2(a) of the bill would generally amend Section
3006 of the Deficit Reduction Act of 2005 (P.L. 109-171) by
deleting statutory language that currently limits funding to
systems that either use, or interoperate with systems that use,
public safety spectrum in the 700 megahertz band (specifically,
764-776 megahertz and 794-806 megahertz), and to provide
congressional direction with respect to eligible activities
under NTIA's administration of the $1 billion public safety
grant program.
New 3006(a) would establish the scope of the permissible
grants under the program and permit NTIA to allocate up to $100
million for the establishment of Strategic Technology Reserves
that will enhance the availability of communications equipment
for first responders and other emergency personnel in the event
of an emergency or a major disaster. In addition to strategic
technology reserves, this subsection describes a broad range of
topics related to improving communications interoperability
that will be eligible for assistance under the grant program
including, statewide or regional planning and coordination,
design and engineering support, technical assistance and
training, and the acquisition or deployment of interoperable
communications equipment, software, or systems. Under these
categories, the committee believes that projects to construct
or expand mutual aid channels used by first responders would be
eligible for assistance.
New 3006(b) would reiterate the requirement imposed under
section 4 of the Call Home Act of 2006, which, subject to the
receipt of qualified applications as determined by the
Assistant Secretary, would require that not less that $1
billion be awarded no later than September 30, 2007.
New 3006(c) would require that funding distributions be made
among the several states consistent with section 1014(c)(3) of
the USA PATRIOT Act (.75 percent minimum to each State) to
ensure a fair distribution of funds. It would also require the
calculation of risk factors to be based upon an ``all-hazards''
approach that recognizes the critical need for effective
emergency communications in response not only to terrorist
attacks, but also to a variety of natural disasters.
New section 3006(d) would establish requirements for grant
applicants including an explanation of how assistance would
improve interoperability and a description of how any equipment
or system request would be compatible or consistent with
certain relevant sections of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)).
New section 3006(e) would direct NTIA to rely on the 2007
grant guidance issued under the Department of Homeland
Security's SAFECOM program to promote greater consistency in
the criteria used to evaluate interoperability grant
applications.
New section 3006(f) would establish criteria for grants of
equipment, supplies, systems and related communications service
related to support for Strategic Technology Reserve
initiatives. This section would also require that funding for
strategic reserves be divided between block grants to states in
support of state reserves and grants in support of federal
reserves at each Federal Emergency Management Agency (FEMA)
regional office and in each of the noncontiguous states.
New section 3006(g) would permit the Assistant Secretary to
encourage the development of voluntary consensus standards for
interoperable communications systems, but would preclude the
Assistant Secretary from requiring any such standard.
New section 3006(h) would permit NTIA to seek assistance from
other federal agencies where appropriate in the administration
of the grant program.
New section 3006(i) would require the Inspector General of
the Department of Commerce annually to assess the management of
NTIA's interoperability grant program.
New section 3006(j) would require NTIA, in consultation with
the DHS and the FCC, to promulgate final program rules for
implementation within 90 days of enactment.
New section 3006(k) would create a rule of construction
clarifying that nothing in this section precludes funding for
interim or long-term Internet Protocol-based solutions,
notwithstanding compliance with the Project 25 standard.
Subsection (2)(b) of the bill would require the FCC, in
coordination with the Assistant Secretary of Commerce for
Communications and Information and the Secretary of Homeland
Security, to report on the feasibility of a redundant system
for emergency communications no later than 1 year after
enactment.
Subsection (2)(c) of the bill would direct the Assistant
Secretary of Commerce for Communications and Information, in
consultation with the Secretary of Homeland Security and the
Secretary of Health and Human Services, to create a joint
advisory committee to examine the communications capabilities
and needs of emergency medical care facilities. The joint
advisory committee will assess current communications
capabilities at emergency care facilities, options to
accommodate the growth of communications services used by
emergency medical care facilities, and options to better
integrate emergency medical care communications systems with
other emergency communications networks. The joint advisory
committee would be required to 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.
Subsection (2)(d) of the bill would provide authorization for
not more than 10 pilot projects to improve the capabilities of
emergency communications systems in emergency medical care
facilities. Grants would be administered by the Assistant
Secretary of Commerce for Communications and Information, would
require a fifty percent match, would not exceed $2 million per
grant, and would be geographically distributed to the maximum
extent possible.
Section 3. Rule of construction.
Subsection (a) would amend Title VI of the Post-Katrina
emergency Management Reform Act of 2006 (P.L. 109-295) by
including a savings clause clarifying the concurrent
authorities of the Department of Commerce and the FCC, with
respect to their existing authorities related public safety and
promoting the safety of life and property through the use of
communications.
Subsection (b) would establish the effective date of this
savings clause as if enacted with the Department of Homeland
Security Appropriations for fiscal year (FY) 2007 (P.L. 109-
295).
Section 4. Cross border interoperability reports.
Section 4 would require the FCC, in conjunction with the DHS,
the Office of Management and Budget, and the Department of
State to report, not later than 90 days after enactment, on the
status of efforts to coordinate cross border interoperability
issues and the re-banding of 800 megahertz radios with Canada
and Mexico. The FCC would further be required to report on any
communications between the Commission and the Department of
State regarding possible amendments to legal agreements and
protocols governing the coordination process for license
applications seeking to use channels and frequencies above Line
A, to submit information about the annual rejection rate over
the last 5 years by the United States for new channels and
frequencies above Line A, and to suggest additional procedures
and mechanisms that could be taken to reduce the rejection rate
for such applications. The FCC would be required to provide
regular updates of the report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce of treaty
negotiations related to the re-banding of 800 megahertz radios
until the appropriate treaty has been revised with each of
Canada and Mexico.
Section 5. Extension of short quorum.
Section 5 would permit 2 members of the Consumer Product
Safety Commission to constitute a quorum for 6 months following
enactment of this Act.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY ACT OF 2005
[47 U.S.C. 309 note]
SEC. 3006. PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS.
(a) Creation of Program.--The Assistant Secretary, in
consultation with the Secretary of the Department of Homeland
Security--
[(1) may take such administrative action as is
necessary to establish and implement a grant program to
assist public safety agencies in the acquisition of,
deployment of, or training for the use of interoperable
communications systems that utilize, or enable
interoperability with communications systems that can
utilize, reallocated public safety spectrum for radio
communication; and
[(2) shall make payments of not to exceed
$1,000,000,000, in the aggregate, through fiscal year
2010 to carry out that program 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)).]
(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
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).
(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 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 (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 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 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 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.
[(b)] (l) Credit.--The Assistant Secretary may borrow from
the Treasury beginning on October 1, 2006, such sums as may be
necessary, but not to exceed $1,000,000,000, to implement this
section. The Assistant Secretary shall reimburse the Treasury,
without interest, as funds are deposited into the Digital
Television Transition and Public Safety Fund.
[(c)] (m) Condition of Grants.--In order to obtain a grant
under the grant program, a public safety agency shall agree to
provide, from non-Federal sources, not less than 20 percent of
the costs of acquiring and deploying the interoperable
communications systems funded under the grant program.
[(d)] (n) Definitions.--For purposes of this section:
(1) Public safety agency.--The term ``public safety
agency'' means any State, local, or tribal government
entity, or nongovernmental organization authorized by
such entity, whose sole or principal purpose is to
protect the safety of life, health, or property.
(2) Interoperable communications systems.--The term
``interoperable communications systems'' means
communications systems which enable public safety
agencies to share information amongst local, State,
Federal, and tribal public safety agencies in the same
area via voice or data signals.
(3) Reallocated public safety spectrum.--The term
``reallocated public safety spectrum'' means the bands
of spectrum located at 764-776 megahertz and 794-806
megahertz, inclusive.
Post-Katrina Emergency Management Reform Act of 2006
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
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.
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