```

[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.
                                 <all>
```