[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3172 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3172
To establish an Office of Emergency Communications, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2006
Mrs. Clinton (for herself and Mr. Salazar) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish an Office of Emergency Communications, 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 ``Federal Interoperable Communications
and Safety Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Department'' means the Department of
Homeland Security;
(2) the term ``Emergency Communications Preparedness
Center'' or the ``Center'' means the center established under
section 8(a);
(3) the terms ``emergency response providers'', ``local
government'', and ``State'' have the same meaning as in section
2 of the Homeland Security Act of 2002 (6 U.S.C. 101);
(4) the term ``emergency response support provider''
includes Federal, State, and local governmental and
nongovernmental utilities, public works, transportation, and
public health and related personnel, organizations, agencies,
and authorities;
(5) the term ``interoperable emergency communications
system'' means the ability of emergency response providers and
relevant Federal, State, and local government agencies to
communicate with each other as necessary, through a dedicated
public safety network utilizing information technology systems
and radio communications systems, and to exchange voice, data,
or video with one another on demand, in real time, as
necessary;
(6) the term ``National Emergency Communications Strategy''
means the strategy established under section 4(a);
(7) the term ``Office of Emergency Communications'' means
the office established under section 3(a);
(8) the term ``Regional Emergency Communications
Coordination Working Group'' or ``RECC Working Group'' means a
working group established under section 7(a); and
(9) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 3. OFFICE OF EMERGENCY COMMUNICATIONS.
(a) In General.--There is established in the Department an Office
of Emergency Communications.
(b) Under Secretary.--The head of the Office of Emergency
Communications shall be the Under Secretary for Emergency
Communications who shall--
(1) be appointed by the President, by and with the advice
and consent of the Senate; and
(2) report directly to the Secretary.
(c) Responsibilities.--The Under 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));
(2) administer the Department's responsibilities and
authorities relating to the SAFECOM Program;
(3) administer the Department's responsibilities and
authorities relating to the Integrated Wireless Network
program;
(4) conduct extensive, nationwide outreach and foster the
development of interoperable emergency communications
capabilities by State, regional, and local governments and
public safety agencies;
(5) provide technical assistance to State, regional, and
local government officials with respect to use of interoperable
emergency communications capabilities;
(6) promote the development of standard operating
procedures with respect to use of interoperable emergency
communications capabilities for incident response and
facilitate the sharing of information on best practices
(including from governments abroad) for achieving, maintaining,
and enhancing interoperable emergency communications
capabilities for such response;
(7) 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;
(8) assist the President, the National Security Council,
the Homeland Security Council, the Director of the Office of
Science and Technology Policy, and the Director of the Office
of Management and Budget in ensuring the operability of the
telecommunications functions and responsibilities of the
Federal Government;
(9) establish requirements for total and nonproprietary
interoperable emergency communications capabilities for all
public safety radio and data communications systems and
equipment;
(10) help to establish an integrated national public alert
and warning system that incorporates legacy systems; and
(11) review all interoperable emergency communications
plans of Federal, State, and local governments, including
Statewide and tactical interoperability plans.
(d) Performance of Previously Transferred Functions.--There is
transferred to the Secretary the authority to administer, through the
Under Secretary for Emergency Communications, the following:
(1) The SAFECOM Program.
(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 Under Secretary shall coordinate, as
appropriate, with the Director of the Office for Interoperability and
Compatibility to--
(1) assist the Under 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 requirements for total and nonproprietary
interoperable emergency communications capabilities for all
public safety radio and data communications systems and
equipment;
(5) evaluate and validate new technology concepts in real-
world environments to achieve interoperable emergency
communications capabilities;
(6) encourage more efficient use of existing resources,
including equipment and spectrum, to achieve interoperable
emergency communications capabilities;
(7) test and deploy public safety communications systems
that are less prone to failure, support new nonvoice services,
consume less spectrum, and cost less than existing systems;
(8) work with the private sector to develop solutions to
improve emergency communications capabilities and achieve
interoperable emergency communications capabilities; and
(9) coordinate with the Under Secretary for Emergency
Communications with respect to the SAFECOM program.
(f) Sufficiency of Resources.--
(1) In general.--The Secretary shall provide the Office for
Emergency Communications the resources and staff necessary to
carry out the responsibilities under this section.
(2) Plan.--Not later than days 60 days after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the resources and staff necessary to carry out the
responsibilities under this Act.
(3) Comptroller general review.--
(A) In general.--The Comptroller General shall
review the validity of the report submitted under
paragraph (2).
(B) Report.--Not later than 30 days after the date
on which the report is submitted under paragraph (2),
the Comptroller General shall submit to Congress a
report containing the findings of the review under
subparagraph (A).
SEC. 4. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY.
(a) In General.--Not later than 1 year after the completion of the
baseline assessment under section 5, the Secretary, acting through the
Under Secretary for Emergency Communications, and in cooperation with
State and local governments, Federal departments and agencies,
emergency response providers, emergency response support responders,
and the private sector, shall develop a National Emergency
Communications Strategy to achieve interoperable emergency
communications.
(b) Contents.--The National Emergency Communications Strategy
shall--
(1) include a national interoperable emergency
communication inventory 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
communication 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) include, in consultation with 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, and
local governments to operate at all threat levels;
(4) address both short-term and long-term solutions to
achieving Federal, State, and local interoperable emergency
communications systems, including 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 and local
governments, in all States, and with such other entities as are
necessary to implement the strategy;
(6) include measures to identify and overcome all obstacles
to achieving interoperable emergency communications; and
(7) set goals and establish timeframes for the achievement
of an emergency, command-level communication system based on
existing equipment across the United States and develop a
timetable for a nationwide interoperable emergency
communications system.
SEC. 5. ASSESSMENTS AND REPORTS.
(a) Baseline Operability and Interoperability Assessment.--Not
later than 1 year after the date of enactment of this Act and not less
than every 5 years thereafter, the Secretary, acting through the Under
Secretary for Emergency Communications, shall conduct an assessment of
Federal, State, and local governments, to--
(1) define the range of operable and interoperable
emergency communications capabilities needed for specific
events;
(2) assess the capabilities to meet such communications
needs; and
(3) identify the gap between such capabilities and defined
requirements.
(b) Progress Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary, acting
through the Under Secretary for Emergency Communications, shall submit
to Congress a report on the progress of the Department in implementing
and achieving the goals of this Act, 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 needs that remain for interoperability to be
achieved;
(3) an assessment of the ability of communities to provide
and maintain interoperable emergency communications--
(A) among emergency managers, emergency response
providers, emergency response 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
(B) in the event of substantial damage to ordinary
communications infrastructure or sustained loss of
electricity;
(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. 6. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
(a) Assessment of Grants and Standards Programs.--The Secretary,
acting through the Under Secretary for Emergency Communications, shall
assess Federal grants and standards programs managed by other Federal
departments and agencies to--
(1) integrate and coordinate Federal grant guidelines for
the use of Federal homeland security assistance relating to
interoperable emergency communications;
(2) assess and make recommendations to ensure that such
guidelines are consistent with the mission of the Office of
Emergency Communications; and
(3) assess and make recommendations to ensure conformity
with the goals and objectives identified in the National
Emergency Communications Strategy.
(b) Denial of Eligibility for Grants.--
(1) In general.--The Secretary, acting through the Under
Secretary for Emergency Communications, may prohibit any State
or local government from using Federal 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 Plans under section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f)); and
(B) not later than 3 years after the date of
enactment of this Act, national voluntary consensus
standards for interoperable emergency communications
capabilities have not been developed and promulgated.
(2) Standards.--If the standards described in paragraph
(1)(B) have not been developed and promulgated on the date that
is 3 years after the date of enactment of this Act, the
Secretary, in coordination with other Federal departments and
agencies with responsibility for standards shall develop,
promulgate, and revise national voluntary consensus standards
on interoperable emergency communications not later than 4
years after the date of enactment of this Act.
(c) Transfer of Functions.--Not later than 60 days after the date
of enactment of this Act, the President shall transfer to the Under
Secretary for Emergency Communications the functions authorized by
section 3006 of the Deficit Reduction Act of 2006 (Public Law 109-71;
120 Stat. 24), including the authority to borrow under 3006(b) of that
Act.
SEC. 7. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, acting through the Under
Secretary for Emergency Communications, shall submit a plan to Congress
to establish Regional Emergency Communications Working Groups in
critical regions throughout the Nation.
(b) Subject Matter Experts.--Each RECC Working Group shall consist
of the following:
(1) Non-federal.--Organizations representing the interests
of the following:
(A) State officials.
(B) Local government officials.
(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).
(H) Hospitals.
(I) Public utility services.
(J) Local exchange carriers.
(K) Local broadcast media.
(L) Wireless carriers.
(M) Satellite communications services.
(N) Emergency evacuation transit services.
(O) Ambulance 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.
(S) Other emergency response providers or emergency
support providers as deemed appropriate.
(2) Federal.--Representatives from the Department and other
Federal departments and agencies (including the E-911
Implementation Coordination Office of the National
Telecommunications and Information Administration and the
National Highway Transportation Safety Administration
established under section 158 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942)) with responsibility for coordinating
interoperable emergency communications with or providing
emergency support services to State and local 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
Strategy;
(2) reporting annually to the Under Secretary for Emergency
Communications on the status of its region in building a robust
and sustainable interoperable voice and data emergency
communications network and on the progress of the region in
meeting the goals of the National Emergency Communications
Strategy;
(3) coordinating the establishment of an effective
multijurisdictional, multi-agency emergency communications
network 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, and
local 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. 8. EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.
(a) Establishment.--There is established the Emergency
Communications Preparedness Center.
(b) Operation.--
(1) In general.--The Secretary, the Chairman of the Federal
Communication Commission, the Secretary of Defense, the
Secretary of Commerce, the Attorney General, and the heads of
other Federal departments and agencies (including the E-911
Implementation Coordination Office of the National
Telecommunications and Information Administration and the
National Highway Transportation Safety Administration
established section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942)) 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 Secretary shall be the Chair of the Center.
(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 for 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 of the
National Emergency Communications Strategy, 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 Strategy; and
(5) perform such other functions as the President may
assign.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the President 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. 9. INTEGRATED NATIONAL ALERT AND WARNING SYSTEM.
(a) In General.--The Secretary, acting through the Under Secretary
for Emergency Communications, and in coordination with the head of any
Federal department or agency that possesses or acquires alert and
warning capabilities, including the Departments of Commerce and Defense
and the Federal Communications Commission, shall develop, manage,
operate, and coordinate an integrated national public alert and warning
system that incorporates legacy systems.
(b) Requirements.--
(1) In general.--The system developed under subsection (a)
shall--
(A) be operational within 3 years of the date of
enactment of this Act;
(B) ensure effective collaboration with State and
local governments;
(C) complement and provide interoperability with
public alert and warning systems of State and local
governments;
(D) ensure the interoperability of commercially
available equipment for radio and data communications
systems;
(E) carry alert and warning messages for acts of
terrorism, natural disasters, and other emergencies;
and
(F) incorporate, to the maximum extent possible,
technologies and systems that warn and support the
unique needs faced by persons with disabilities or
language barriers.
(2) Other requirements.--In developing, managing,
operating, and coordinating the system under subsection (a),
the Secretary shall--
(A) conduct regular internal training and exercises
on generating and disseminating public alert and
warning messages;
(B) support public education and outreach to
increase community awareness of the integrated national
alert and warning system;
(C) develop public-private partnerships to--
(i) leverage government and industry needs,
capabilities, and resources necessary to
delivery effective disaster warnings;
(ii) facilitate the development,
promulgation, and regular updating of national
voluntary consensus standards for public alert
and warning technologies;
(iii) identify, in consultation with the
Assistant Secretary for Infrastructure
Protection and the Assistant Secretary for
Cybersecurity and Telecommunications, critical
infrastructure and key resources necessary to
provide accurate, survivable, and sustainable
public alerts and warnings;
(iv) incorporate private sector threat
information sharing into alert and warning
systems of Federal, State, and local
governments; and
(v) ensure continuity of operations plans
are in place to minimize the disruption to
communications infrastructure used for the
dissemination of public alerts and warnings;
(D) promulgate standard operating procedures and
protocols for the integrated national public alert and
warning system; and
(E) identify and incorporate existing, new, and
emerging technologies, including the utilization of
both satellite and ground based alert and warning
distribution networks to provide redundant, timely, and
accurate public alerts and warnings.
(c) Implementation Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary, acting through the Under
Secretary for Emergency Communications, shall develop an implementation
plan for this section.
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