U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

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 

MARCH 5, 2007.—Ordered to be printed 


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(II) 

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 Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

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 


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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 (S. 385) to improve the interoperability 

of emergency communications equipment, having considered the 

same, reports favorably thereon with amendments and recommends that the bill (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 


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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 


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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

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: 


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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 


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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

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. 


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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 


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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 longterm 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 faciliVerDate Aug 31 2005 23:07 Mar 07, 2007 Jkt 059010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR030.XXX SR030

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ties. 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): 


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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—

ø(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 

ø(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. 


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(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—


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(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. 


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(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. 

ø(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. 

ø(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. 

ø(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.’’. 


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(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. 

Æ 


rwilkins on PROD1PC63 with HEARING