II 

Calendar No. 232 

109TH CONGRESS 

1ST SESSION S. 1725 

To strengthen Federal leadership, provide grants, enhance outreach and guidance, and provide other support to State and local officials to enhance 

emergency communications capabilities, to achieve communications interoperability, to foster improved regional collaboration and coordination, 

to promote more efficient utilization of funding devoted to public safety 

communications, to promote research and development by both the public 

and private sectors for first responder communications, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 19, 2005 

Mr. LIEBERMAN (for himself, Ms. COLLINS, Mr. AKAKA, Mr. LEVIN, Mr. 

MCCAIN, Ms. CANTWELL, Mr. SALAZAR, Mr. WARNER, and Mr. COLEMAN) introduced the following bill; which was read twice and referred to 

the Committee on Homeland Security and Governmental Affairs 

SEPTEMBER 29, 2005 

Reported by Ms. COLLINS, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To strengthen Federal leadership, provide grants, enhance 

outreach and guidance, and provide other support to 

State and local officials to enhance emergency communications capabilities, to achieve communications interoperability, to foster improved regional collaboration and 

coordination, to promote more efficient utilization of 
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funding devoted to public safety communications, to promote research and development by both the public and 

private sectors for first responder communications, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 TITLE I—EMERGENCY AND 

4 INTEROPERABLE COMMU5 NICATIONS 

6 SECTION 1. SEC. 101. SHORT TITLE. 

7 This Act title may be cited as the ‘‘Assure Emergency 

8 and Interoperable Communications for First Responders 

9 Act of 2005’’. 

10 SEC. 2. 102. FINDINGS. 

11 Congress finds the following: 

12 (1) Communications among those responding to 

13 a natural disaster, terrorist attack, or other large14 scale emergency are critical to an effective response 

15 and to save lives. 

16 (2) Ordinary modes of communications are 

17 often difficult or impossible during a natural dis18 aster, terrorist attack, or other catastrophic emer19 gency, because of damage to critical infrastructure, 

20 including the destruction of phone lines and cellular 

21 towers, and loss of power sources and because of in22 creased demand placed on already strained systems. 
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1 (3) In the days after Hurricane Katrina dev2 astated the Gulf Coast of the United States, the 

3 communications infrastructure in the affected areas 

4 was decimated, and difficulties in communicating 

5 among officials and first responders significantly im6 peded the rescue and relief efforts. 

7 (4) A further major barrier to sharing informa8 tion among police, firefighters, and others who may 

9 be called on to respond to natural disasters, terrorist 

10 attacks, and other large-scale emergencies is the lack 

11 of interoperable communications systems, which can 

12 enable public safety agencies to talk to one another 

13 and share important, sometimes critical, information 

14 in an emergency. Police and firefighters responding 

15 to the attacks at the World Trade Center on Sep16 tember 11, 2001, had difficulty communicating with 

17 each other. Initial press reports indicate that con18 flicting radio frequencies also contributed to the dif19 ficulties in communications among law enforcement 

20 and government relief agencies in the aftermath of 

21 Hurricane Katrina. 

22 (5) The Department of Homeland Security has 

23 identified communications interoperability as 1 of 

24 the key national priorities for first responders to 

25 achieve the National Preparedness Goal that the De-
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1 partment of Homeland Security has established for 

2 the Nation and has identified emergency response 

3 communications as an essential target capability 

4 needed to respond to a major event. 

5 (6) The lack of emergency communication capa6 bilities and interoperability costs lives not only dur7 ing terrorist attacks or natural disasters, but also 

8 during everyday emergency operations. 

9 (7) Assuring emergency communications capa10 bilities and achieving interoperability is difficult be11 cause some 50,000 local agencies typically make 

12 independent decisions about communications sys13 tems. This lack of coordination also dramatically in14 creases the cost of public safety communications to 

15 Federal, State, local, and tribal governments. 

16 (8) Achieving the level of emergency commu17 nications capabilities and communications interoper18 ability that is needed will require an unprecedented 

19 level of coordination and cooperation among Federal, 

20 State, local, and tribal public safety agencies. Estab21 lishing multidisciplinary, cross-jurisdictional govern22 ance structures to achieve the necessary level of col23 laboration is essential to accomplishing this goal. 

24 (9) The Intelligence Reform and Terrorism Pre25 vention Act of 2004 requires the Secretary of Home-
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1 land Security, in consultation with other Federal of2 ficials, to establish a program to ensure public safety 

3 interoperable communications at all levels of govern4 ment. 

5 (10) However, much more remains to be done. 

6 For example, in January 2005, the National Gov7 ernors Association reported that while achieving 

8 interoperability ranked as the top priority for States, 

9 obtaining the equipment and technology to fulfill 

10 this goal remains a challenge. The large majority of 

11 States report that they have not yet achieved inter12 operability in their States. 

13 (11) Much of the communications equipment 

14 used by emergency responders is outdated and in15 compatible, which inhibits communication between 

16 State and local governments and between neigh17 boring local jurisdictions. Additional grant funding 

18 would facilitate the acquisition of new technology to 

19 enable interoperability. 

20 (12) Stronger and more effective national, 

21 statewide, and regional leadership are is required to 

22 improve emergency communications capabilities and 

23 interoperability. The Department of Homeland Secu24 rity must provide national leadership by conducting 

25 nationwide outreach to each State, fostering the de-
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1 velopment of regional leadership, and providing sub2 stantial technical assistance to State, local, and trib3 al public safety officials, while more effectively uti4 lizing grant programs that fund interoperable equip5 ment and systems. 

6 (13) The Department of Homeland Security 

7 must implement pilot programs and fund and con8 duct research to develop and promote adoption of 

9 next-generation solutions for public safety commu10 nications. The Department of Homeland Security 

11 must also further develop its own internal expertise 

12 to enable it to better lead national interoperability 

13 efforts and to provide technically sound advice to 

14 State and local officials. 

15 (14) Achieving emergency communications ca16 pabilities and interoperability requires the sustained 

17 commitment of substantial resources. Nonetheless, 

18 emergency communications capabilities and inter19 operability can be accomplished at a much lower cost 

20 than would otherwise be possible if strong national 

21 leadership drives cooperation and adoption of smart, 

22 new technology solutions. 

23 (15) The private sector has a critical role to 

24 play in developing cost-effective solutions to these 

25 problems. 
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1 SEC. 3. 103. OFFICE FOR EMERGENCY COMMUNICATIONS, 

2 INTEROPERABILITY, AND COMPATIBILITY. 

3 (a) IN GENERAL.—Section 7303(a)(2) of the Intel4 ligence Reform and Terrorism Prevention Act of 2004 (6 

5 U.S.C. 194(a)(2)) is amended to read as follows: 

6 ‘‘(2) OFFICE FOR EMERGENCY COMMUNICA7 TIONS, INTEROPERABILITY, AND COMPATIBILITY.— 

8 ‘‘(A) ESTABLISHMENT OF OFFICE.—There 

9 is established an Office for Emergency Commu10 nications, Interoperability, and Compatibility 

11 within the Directorate of Science and Tech12 nology of the Department of Homeland Secu13 rity to carry out this subsection. 

14 ‘‘(B) DIRECTOR.—There shall be a Direc15 tor of the Office for Emergency Communica16 tions, Interoperability, and Compatibility, who 

17 shall be appointed by the Secretary of Home18 land Security. 

19 ‘‘(C) RESPONSIBILITIES.—The Director of 

20 the Office for Emergency Communications, 

21 Interoperability, and Compatibility shall— 

22 ‘‘(i) assist the Secretary of Homeland 

23 Security in developing and implementing 

24 the program described in paragraph (1); 

25 ‘‘(ii) carry out the Department of 

26 Homeland Security’s responsibilities and 
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1 authorities relating to the SAFECOM Pro2 gram; 

3 ‘‘(iii) carry out section 510 of the 

4 Homeland Security Act of 2002; and 

5 ‘‘(iv) conduct extensive, nationwide 

6 outreach and foster the development of 

7 emergency communications capabilities and 

8 interoperable communications systems by 

9 State, local, and tribal governments and 

10 public safety agencies, and by regional con11 sortia thereof, by— 

12 ‘‘(I) in coordination with the Na13 tional Communications System, devel14 oping, updating, and implementing a 

15 national strategy to achieve emer16 gency communications capabilities, 

17 with goals and timetables; 

18 ‘‘(II) developing, updating, and 

19 implementing a national strategy to 

20 achieve communications interoper21 ability, with goals and timetables; 

22 ‘‘(III) developing a national ar23 chitecture, which defines the compo24 nents of an interoperable system and 

25 how they fit together; 
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1 ‘‘(IV) establishing and maintain2 ing a task force that represents the 

3 broad customer base of State, local, 

4 and tribal public safety agencies, as 

5 well as Federal agencies, involved in 

6 public safety disciplines such as law 

7 enforcement, firefighting, emergency 

8 medical services, public health, and 

9 disaster recovery, in order to receive 

10 input and coordinate efforts to achieve 

11 emergency communications capabili12 ties and communications interoper13 ability; 

14 ‘‘(V) working with the Office of 

15 Domestic Preparedness Interoperable 

16 Communications Technical Assistance 

17 Program to— 

18 ‘‘(aa) provide technical as19 sistance to State, local, and tribal 

20 officials; and 

21 ‘‘(bb) facilitate the creation 

22 of regional task forces in each 

23 State, with appropriate govern24 ance structures and representa25 tion from State, local, and tribal 
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1 governments and public safety 

2 agencies and from the Federal 

3 Government, to effectively ad4 dress emergency communications 

5 capabilities, interoperability, and 

6 other communications and infor7 mation-sharing needs; 

8 ‘‘(VI) promoting a greater under9 standing of the importance of emer10 gency communications capabilities, 

11 interoperability, and the benefits of 

12 sharing resources among all levels of 

13 State, local, tribal, and Federal gov14 ernment; 

15 ‘‘(VII) promoting development of 

16 standard operating procedures for in17 cident response and facilitating the 

18 sharing of information on best prac19 tices (including from governments 

20 abroad) for achieving emergency com21 munications capabilities and inter22 operability; 

23 ‘‘(VIII) making recommendations 

24 to Congress about any changes in 

25 Federal law necessary to remove bar-
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1 riers to achieving emergency commu2 nications capabilities and communica3 tions interoperability; 

4 ‘‘(IX) funding and conducting 

5 pilot programs, as necessary, in order 

6 to— 

7 ‘‘(aa) evaluate and validate 

8 new technology concepts in real9 world environments to achieve 

10 emergency communications capa11 bilities and public safety commu12 nications interoperability; 

13 ‘‘(bb) encourage more effi14 cient use of existing resources, 

15 including equipment and spec16 trum; and 

17 ‘‘(cc) test and deploy public 

18 safety communications systems 

19 that are less prone to failure, 

20 support new non-voice services, 

21 consume less spectrum, and cost 

22 less; 

23 ‘‘(X) liaisoning with the private 

24 sector to develop solutions to improve 
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1 emergency communications capabili2 ties and achieve interoperability; and 

3 ‘‘(XI) performing other functions 

4 necessary to improve emergency com5 munications capabilities and achieve 

6 communications interoperability. 

7 ‘‘(XI) using modeling and simula8 tion for training exercises and com9 mand and control functions at the 

10 operational level; and 

11 ‘‘(XII) performing other functions 

12 necessary to improve emergency com13 munications capabilities and achieve 

14 communications interoperability. 

15 ‘‘(D) SUFFICIENCY OF RESOURCES.—The 

16 Secretary of Homeland Security shall provide 

17 the Office for Emergency Communications, 

18 Interoperability, and Compatibility with the re19 sources and staff necessary to carry out the 

20 purposes of this section. The Secretary shall 

21 further ensure that there is sufficient staff 

22 within the Office of Emergency Communica23 tions, Interoperability, and Compatibility, the 

24 Office for Domestic Preparedness, the National 

25 Communications Systems, and other offices of 
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1 the Department of Homeland Security as nec2 essary, to provide dedicated support to public 

3 safety organizations consistent with the respon4 sibilities set forth in subparagraph (C)(iv).’’. 

5 (b) DEFINITIONS.—Section 7303(g) of the Intel6 ligence Reform and Terrorism Prevention Act of 2004 (6 

7 U.S.C. 194(g)) is amended— 

8 (1) by striking paragraph (1) and inserting the 

9 following: 

10 ‘‘(1) INTEROPERABLE COMMUNICATIONS AND

11 COMMUNICATIONS INTEROPERABILITY.—The terms 

12 ‘interoperable communications’ and ‘communications 

13 interoperability’ mean the ability of emergency re14 sponse providers and relevant Federal, State, and 

15 local government agencies to communicate with each 

16 other as necessary, utilizing information technology 

17 systems and radio communications systems, and to 

18 exchange voice, data, or video with one another on 

19 demand, in real time, as necessary.’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(3) EMERGENCY COMMUNICATIONS CAPABILI22 TIES.—The term ‘emergency communications capa23 bilities’ means the ability to provide and maintain, 

24 throughout an emergency response operation, a con25 tinuous flow of information among emergency re-
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1 sponders, agencies, and government officials from 

2 multiple disciplines and jurisdictions and at all levels 

3 of government in the event of a natural disaster, ter4 rorist attack, or other large-scale or catastrophic 

5 emergency, including where there has been signifi6 cant damage to, or destruction of, critical infrastruc7 ture, substantial loss of ordinary telecommunications 

8 infrastructure, and sustained loss of electricity.’’. 

9 (c) ASSESSMENTS AND REPORTS.—Title III of the 

10 Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) 

11 is amended by adding at the end the following: 

12 ‘‘SEC. 314. EMERGENCY COMMUNICATIONS AND INTER13 OPERABILITY ASSESSMENTS AND REPORTS. 

14 ‘‘(a) BASELINE INTEROPERABILITY ASSESSMENT.— 

15 The Secretary, acting through the Director of the Office 

16 for Emergency Communications, Interoperability, and 

17 Compatibility, shall conduct a nationwide assessment to 

18 determine the degree to which communications interoper19 ability has been achieved to date and to ascertain the 

20 needs that remain for interoperability to be achieved. 

21 ‘‘(b) EVALUATION OF EMERGENCY COMMUNICA22 TIONS CAPABILITIES.—The Secretary, acting through the 

23 Director of the Office for Emergency Communications, 

24 Interoperability, and Compatibility and the National Com25 munications System, shall— 
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1 ‘‘(1) conduct an assessment of the ability of 

2 communities to provide and maintain emergency 

3 communications among emergency response pro4 viders and government officials in the event of a nat5 ural disaster, terrorist attack, or other large-scale 

6 emergency, including where there is substantial 

7 damage to ordinary communications infrastructure 

8 and sustained loss of electricity; 

9 ‘‘(2) compile a list of best practices among com10 munities for providing and maintaining communica11 tions in the event of a natural disaster, terrorist at12 tack, or other large-scale emergency; and 

13 ‘‘(3) conduct a study to evaluate the feasibility 

14 and desirability of the Department developing, on its 

15 own or in conjunction with the Department of De16 fense, a mobile communications capability, modeled 

17 on the Army Signal Corps, that could be deployed to 

18 support emergency communications at the site of a 

19 natural disaster, terrorist attack, or other large-scale 

20 emergency. 

21 ‘‘(c) BIANNUAL REPORTS.—Not later than 1 year 

22 after the date of enactment of this section, and biannually 

23 thereafter, the Secretary, acting through the Director of 

24 the Office for Emergency Communications, Interoper25 ability, and Compatibility, shall submit to the Committee 
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1 on Homeland Security and Governmental Affairs and the 

2 Committee on Commerce, Science, and Transportation of 

3 the Senate and the Committee on Homeland Security and 

4 the Committee on Energy and Commerce of the House 

5 of Representatives a report on the Department’s progress 

6 in implementing and achieving the goals of the Assure 

7 Emergency and Interoperable Communications for First 

8 Responders Act of 2005. The first report submitted under 

9 this subsection shall include a description of the findings 

10 of the assessments, evaluations, and study conducted 

11 under subsections (a) and (b).’’. 

12 SEC. 4. 104. RESEARCH AND DEVELOPMENT. 

13 Title III of the Homeland Security Act of 2002 (6 

14 U.S.C. 181 et seq.), as amended by section 3 103, is 

15 amended by adding at the end the following: 

16 ‘‘SEC. 315. EMERGENCY COMMUNICATIONS INTEROPER17 ABILITY RESEARCH AND DEVELOPMENT. 

18 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

19 comprehensive research and development program to pro20 mote emergency communications capabilities and commu21 nications interoperability among first responders, includ22 ing by— 

23 ‘‘(1) promoting research on a competitive basis 

24 through the Directorate of Science and Technology 
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1 Homeland Security Advanced Research Projects 

2 Agency; and 

3 ‘‘(2) considering establishment of a Center of 

4 Excellence under the Department of Homeland Se5 curity Centers of Excellence Program, using a com6 petitive process, focused on enhancing information 

7 and communications systems for first responders. 

8 ‘‘(b) PURPOSES.—The purposes of the program es9 tablished under subsection (a) include— 

10 ‘‘(1) understanding the strengths and weak11 nesses of the diverse public safety communications 

12 systems currently in use; 

13 ‘‘(2) examining how current and emerging tech14 nology can make public safety organizations more ef15 fective, and how Federal, State, and local agencies 

16 can utilize this technology in a coherent and cost-ef17 fective manner; 

18 ‘‘(3) exploring Federal, State, and local policies 

19 that will move systematically towards long-term solu20 tions; 

21 ‘‘(4) evaluating and validating new technology 

22 concepts, and promoting the deployment of advanced 

23 public safety information technologies for emergency 

24 communications capabilities and interoperability; 

25 and 
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1 ‘‘(5) advancing the creation of a national strat2 egy to enhance emergency communications capabili3 ties, promote interoperability and efficient use of 

4 spectrum in communications systems, improve infor5 mation sharing across organizations, and use ad6 vanced information technology to increase the effec7 tiveness of first responders in valuable new ways.’’. 

8 SEC. 5. 105. PILOT PROJECTS. 

9 Title III of the Homeland Security Act of 2002 (6 

10 U.S.C. 181 et seq.), as amended by sections 3 and 4 103 

11 and 104, is amended by adding at the end the following: 

12 ‘‘SEC. 316. EMERGENCY COMMUNICATIONS PILOT 

13 PROJECTS. 

14 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of this section, the Secretary shall es16 tablish not fewer than 2 pilot projects to develop and 

17 evaluate strategies and technologies for providing and 

18 maintaining emergency communications capabilities 

19 among emergency response providers and government offi20 cials in the event of a natural disaster, terrorist attack, 

21 or other large-scale emergency in which there is significant 

22 damage to, or destruction of, critical infrastructure, in23 cluding substantial loss of ordinary telecommunications in24 frastructure and sustained loss of electricity. 
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1 ‘‘(b) SELECTION CRITERIA.—In selecting areas for 

2 the location of the pilot projects, the Secretary shall con3 sider— 

4 ‘‘(1) the risk to the area from a large-scale ter5 rorist attack or natural disaster; 

6 ‘‘(2) the number of potential victims from a 

7 large-scale terrorist attack or natural disaster in the 

8 area; 

9 ‘‘(3) the existing capabilities of the area’s emer10 gency communications systems and capabilities for 

11 the development of modeling and simulation training 

12 and command and control functions; and 

13 ‘‘(4) such other criteria as the Secretary may 

14 determine appropriate.’’. 

15 SEC. 6. 106. AUTHORIZATION OF APPROPRIATIONS. 

16 In addition to the funds authorized to be appro17 priated by section 7303(a)(3) of the Intelligence Reform 

18 and Terrorism Prevention Act of 2004 (6 U.S.C. 

19 194(a)(3)), there are authorized to be appropriated for the 

20 operations of the Office for Emergency Communications, 

21 Interoperability, and Compatibility, to provide technical 

22 assistance through the Office for Domestic Preparedness, 

23 to fund and conduct research under section 315 of the 

24 Homeland Security Act of 2002, to fund pilot projects 

25 under section 316 of the Homeland Security Act of 2002, 
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1 and for other appropriate entities within the Department 

2 of Homeland Security to support the activities described 

3 in section 7303 of the Intelligence Reform and Terrorism 

4 Prevention Act of 2004 (6 U.S.C. 194) and sections 314 

5 through 316 of the Homeland Security Act of 2002, as 

6 added by this Act— 

7 (1) $127,232,000 for fiscal year 2006; 

8 (2) $126,549,000 for fiscal year 2007; 

9 (3) $125,845,000 for fiscal year 2008; 

10 (4) $125,121,000 for fiscal year 2009; and 

11 (5) such sums as are necessary for each fiscal 

12 year thereafter. 

13 SEC. 7. 107. DEDICATED FUNDING TO ACHIEVE EMER14 GENCY COMMUNICATIONS CAPABILITIES 

15 AND INTEROPERABILITY. 

16 The Homeland Security Act of 2002 (6 U.S.C. 101 

17 et seq.) is amended by adding at the end the following: 
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1 ‘‘TITLE XVIII—DEDICATED FUND2 ING TO ACHIEVE EMERGENCY 

3 COMMUNICATIONS CAPABILI4 TIES AND INTEROPER5 ABILITY. 

6 ‘‘SEC. 1801. EMERGENCY COMMUNICATIONS AND INTER7 OPERABILITY GRANTS. 

8 ‘‘(a) IN GENERAL.—The Secretary, through the Of9 fice, shall make grants to States and eligible regions for 

10 initiatives necessary to improve emergency communica11 tions capabilities and to achieve short-term or long-term 

12 solutions to statewide, regional, national, and, where ap13 propriate, international interoperability. 

14 ‘‘(b) USE OF GRANT FUNDS.—Grants awarded under 

15 subsection (a) may be used for initiatives to achieve short16 term or long-term solutions for emergency communica17 tions and interoperability within the State or region and 

18 to assist with any aspect of the communication life cycle, 

19 including— 

20 ‘‘(1) statewide or regional communications 

21 planning; 

22 ‘‘(2) system design and engineering; 

23 ‘‘(3) procurement and installation of equipment; 

24 ‘‘(4) training and exercises; and 
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1 ‘‘(5) other activities determined by the Sec2 retary to be integral to the achievement of emer3 gency communications capabilities and communica4 tions interoperability. 

5 ‘‘(4) training exercises; 

6 ‘‘(5) modeling and simulation exercises for oper7 ational command and control functions; and 

8 ‘‘(6) other activities determined by the Secretary 

9 to be integral to the achievement of emergency com10 munications capabilities and communications inter11 operability. 

12 ‘‘(c) COORDINATION.—The Secretary shall ensure 

13 that the Office coordinates its activities with the Office 

14 of Emergency Communications, Interoperability, and 

15 Compatibility, the Directorate of Science and Technology, 

16 the National Communications System, and other Federal 

17 entities so that grants awarded under this section, and 

18 other grant programs related to homeland security, fulfill 

19 the purposes of this Act and facilitate the achievement of 

20 emergency communications capabilities and communica21 tions interoperability consistent with the national strategy. 

22 ‘‘(d) APPLICATION.— 

23 ‘‘(1) IN GENERAL.—A State or eligible region 

24 desiring a grant under this section shall submit an 

25 application at such time, in such manner, and ac-
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1 companied by such information as the Secretary may 

2 reasonably require. 

3 ‘‘(2) MINIMUM CONTENTS.—At a minimum, 

4 each application submitted under paragraph (1) 

5 shall— 

6 ‘‘(A) identify the critical aspects of the 

7 communications life cycle, including planning, 

8 system design and engineering, procurement 

9 and installation, and training for which funding 

10 is requested; 

11 ‘‘(B) describe how— 

12 ‘‘(i) the proposed use of funds would 

13 be consistent with and address the goals in 

14 any applicable State homeland security 

15 plan, and, unless the Secretary determines 

16 otherwise, are consistent with the national 

17 strategy and architecture; and 

18 ‘‘(ii) the applicant intends to spend 

19 funds under the grant, to administer such 

20 funds, and to allocate such funds among 

21 any participating local governments; and 

22 ‘‘(C) be consistent with the Interoperable 

23 Communications Plan required by section 

24 7303(f) of the Intelligence Reform and Ter-
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1 rorism Prevention Act of 2004 (6 U.S.C. 

2 194(f)). 

3 ‘‘(e) STATE REVIEW AND SUBMISSION.— 

4 ‘‘(1) IN GENERAL.—To ensure consistency with 

5 State homeland security plans, an eligible region ap6 plying for a grant under this section shall submit its 

7 application to each State within which any part of 

8 the eligible region is located for review before sub9 mission of such application to the Secretary. 

10 ‘‘(2) DEADLINE.—Not later than 30 days after 

11 receiving an application from an eligible region 

12 under paragraph (1), each such State shall transmit 

13 the application to the Secretary. 

14 ‘‘(3) STATE DISAGREEMENT.—If the Governor 

15 of any such State determines that a regional appli16 cation is inconsistent with the State homeland secu17 rity plan of that State, or otherwise does not sup18 port the application, the Governor shall— 

19 ‘‘(A) notify the Secretary in writing of that 

20 fact; and 

21 ‘‘(B) provide an explanation of the reasons 

22 for not supporting the application at the time 

23 of transmission of the application. 

24 ‘‘(f) AWARD OF GRANTS.— 
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1 ‘‘(1) CONSIDERATIONS.—In approving applica2 tions and awarding grants under this section, the 

3 Secretary shall consider— 

4 ‘‘(A) the nature of the threat to the State 

5 or eligible region from a terrorist attack, nat6 ural disaster, or other large-scale emergency; 

7 ‘‘(B) the location, risk, or vulnerability of 

8 critical infrastructure and key national assets, 

9 including the consequences from damage to 

10 critical infrastructure in nearby jurisdictions as 

11 a result of a terrorist attack, natural disaster, 

12 or other large-scale emergency; 

13 ‘‘(C) the size of the population, as well as 

14 the population density of the area, that will be 

15 served by the interoperable communications sys16 tems, except that the Secretary shall not estab17 lish a minimum population requirement that 

18 would disqualify from consideration an area 

19 that otherwise faces significant threats, 

20 vulnerabilities, or consequences from a terrorist 

21 attack, natural disaster, or other large-scale 

22 emergency; 

23 ‘‘(D) the extent to which grants will be uti24 lized to implement emergency communications 

25 and interoperability solutions— 
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1 ‘‘(i) consistent with the national strat2 egy and compatible with the national archi3 tecture; and 

4 ‘‘(ii) more efficient and cost effective 

5 than current approaches; 

6 ‘‘(E) the number of jurisdictions within re7 gions participating in the development of emer8 gency communications capabilities and inter9 operable communications systems, including the 

10 extent to which the application includes all in11 corporated municipalities, counties, parishes, 

12 and tribal governments within the State or eli13 gible region, and their coordination with Fed14 eral and State agencies; 

15 ‘‘(F) the extent to which a grant would ex16 pedite the achievement of emergency commu17 nications capabilities and interoperability in the 

18 State or eligible region with Federal, State, and 

19 local agencies; 

20 ‘‘(G) the extent to which a State or eligible 

21 region, given its financial capability, dem22 onstrates its commitment to expeditiously 

23 achieving emergency communications capabili24 ties and communications interoperability by 
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1 supplementing Federal funds with non-Federal 

2 funds; 

3 ‘‘(H) whether the State or eligible region is 

4 on or near an international border; 

5 ‘‘(I) whether the State or eligible region 

6 encompasses an economically significant border 

7 crossing; 

8 ‘‘(J) whether the State or eligible region 

9 has a coastline bordering an ocean or inter10 national waters; 

11 ‘‘(K) the extent to which geographic bar12 riers pose unusual obstacles to achieving emer13 gency communications capabilities or commu14 nications interoperability; 

15 ‘‘(L) the threats, vulnerabilities, and con16 sequences faced by the State or eligible region 

17 related to at-risk site or activities in nearby ju18 risdictions, including the need to respond to ter19 rorist attacks, natural disasters, or other large20 scale emergencies arising in those jurisdictions; 

21 ‘‘(M) the need to achieve nationwide emer22 gency communications capabilities and inter23 operability, consistent with the national strate24 gies; and 
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1 ‘‘(N) such other factors as are specified by 

2 the Secretary in writing. 

3 ‘‘(N) the extent to which the State has for4 mulated a State executive interoperability com5 mittee or conducted similar statewide planning 

6 efforts; and 

7 ‘‘(O) such other factors as are specified by 

8 the Secretary in writing. 

9 ‘‘(2) REVIEW PANEL.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 establish a review panel under section 871(a) to 

12 assist in reviewing grant applications under this 

13 section. 

14 ‘‘(B) RECOMMENDATIONS.—The review 

15 panel established under subparagraph (A) shall 

16 make recommendations to the Secretary regard17 ing applications for grants under this section. 

18 ‘‘(C) MEMBERSHIP.—The review panel es19 tablished under subparagraph (A) shall include 

20 individuals with technical expertise in emer21 gency communications and communications 

22 interoperability as well as emergency response 

23 providers and other relevant State and local of24 ficials. 
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1 ‘‘(3) AVAILABILITY OF FUNDS.—Any grant 

2 funds awarded that may be used to support emer3 gency communications or interoperability shall, as 

4 the Secretary may determine, remain available for 

5 up to 3 years, consistent with section 7303(e) of the 

6 Intelligence Reform and Terrorism Prevention Act 

7 of 2004 (6 U.S.C. 194(e)). 

8 ‘‘(g) DEFINITIONS.—In this section, the following 

9 definitions apply: 

10 ‘‘(1) ELIGIBLE REGION.—The term ‘eligible re11 gion’ means— 

12 ‘‘(A) 2 or more contiguous incorporated 

13 municipalities, counties, parishes, Indian tribes 

14 or other general purpose jurisdictions that— 

15 ‘‘(i) have joined together to enhance 

16 emergency communications capabilities or 

17 communications interoperability between 

18 first responders in those jurisdictions and 

19 with State and Federal officials; and 

20 ‘‘(ii) includes the largest city in any 

21 metropolitan statistical area, as defined by 

22 the Office of Management and Budget; or 

23 ‘‘(B) any other area the Secretary deter24 mines to be consistent with the definition of a 

25 region in the national preparedness guidance 
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1 issued under Homeland Security Presidential 

2 Directive 8. 

3 ‘‘(2) OFFICE.—The term ‘office’ ‘Office’ refers 

4 to the Office of Domestic Preparedness of the Office 

5 of State and Local Government Preparedness and 

6 Coordination within the Department. 

7 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out the pur9 poses of this section— 

10 ‘‘(1) $400,000,000 for fiscal year 2006; 

11 ‘‘(2) $500,000,000 for fiscal year 2007; 

12 ‘‘(3) $600,000,000 for fiscal year 2008; 

13 ‘‘(4) $800,000,000 for fiscal year 2009; 

14 ‘‘(5) $1,000,000,000 for fiscal year 2010; and 

15 ‘‘(6) such sums as are necessary for each fiscal 

16 year thereafter.’’. 

17 SEC. 8. 108. DEFINITIONS. 

18 Section 2 of the Homeland Security of Act of 2002 

19 (6 U.S.C. 101) is amended— 

20 (1) by redesignating paragraphs (9) through 

21 (16) as paragraphs (11) through (18), respectively; 

22 (2) by redesignating paragraphs (6) through 

23 (8) as paragraphs (7) through (9), respectively; 

24 (3) by inserting after paragraph (5) the fol25 lowing: 
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1 ‘‘(6) The term ‘emergency communications ca2 pabilities’ means the ability to provide and maintain, 

3 throughout an emergency response operation, a con4 tinuous flow of information among emergency re5 sponders, agencies, and government officials from 

6 multiple disciplines and jurisdictions and at all levels 

7 of government, in the event of a natural disaster, 

8 terrorist attack, or other large-scale or catastrophic 

9 emergency, including where there has been signifi10 cant damage to, or destruction of, critical infrastruc11 ture, including substantial loss of ordinary tele12 communications infrastructure and sustained loss of 

13 electricity.’’; and 

14 (4) by inserting after paragraph (8) (9) the fol15 lowing: 

16 ‘‘(9) (10) The terms ‘interoperable communica17 tions’ and ‘communications interoperability’ mean 

18 the ability of emergency response providers and rel19 evant Federal, State, and local government agencies 

20 to communicate with each other as necessary, uti21 lizing information technology systems and radio 

22 communications systems, and to exchange voice, 

23 data, or video with one another on demand, in real 

24 time, as necessary.’’. 
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1 SEC. 9. 109. INTERAGENCY COMMITTEE. 

2 (a) ESTABLISHMENT.—There is established an Inter3 agency Committee on Emergency Communications and 

4 Interoperability (referred to in this section as ‘‘the Com5 mittee’’). 

6 (b) COMPOSITION.—The Committee shall be com7 posed of: 

8 (1) a representative of the Department of 

9 Homeland Security, who shall serve as Chair of the 

10 Committee; 

11 (2) a representative of the Federal Communica12 tions Committee Commission; 

13 (3) a representative of the Department of Com14 merce; 

15 (4) a representative of the Department of De16 fense; 

17 (5) a representative of the Department of Jus18 tice; 

19 (6) a representative of the Department of 

20 Health and Human Services; 

21 (7) a representative of the National Institute of 

22 Standards and Technology; and 

23 (8) a representative of any other department or 

24 agency determined to be necessary by the President. 
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1 (c) REPORT.—Not later than 90 days after the date 

2 of enactment of this Act, the Committee shall submit a 

3 report to the President and to Congress that includes— 

4 (1) a proposal as to how to most effectively ac5 celerate the development of national standards for 

6 public safety interoperable communications in ac7 cordance with section 7303 of the Intelligence Re8 form and Terrorism Prevention Act of 2004 (6 

9 U.S.C. 194); and 

10 (2) a proposal on how to ensure that Federal 

11 officials responding to a natural disaster, terrorist 

12 attack, or other large-scale emergency, have the 

13 means to provide and maintain emergency commu14 nications capabilities to support their response ef15 forts where there is significant damage to, or de16 struction of, critical infrastructure, including sub17 stantial loss of ordinary telecommunications infra18 structure and sustained loss of electricity. 

19 SEC. 10. 110. TECHNICAL AND CONFORMING AMENDMENTS. 

20 The table of contents in section 1(b) of the Homeland 

21 Security Act of 2002 (6 U.S.C. 101) is amended by— 

22 (1) inserting after the item relating to section 

23 313 the following: 

‘‘Sec. 314. Emergency communications and interoperability assessments 

and report. 

‘‘Sec. 315. Emergency communications and interoperability research and 

development. 

‘‘Sec. 316. Emergency communications pilot projects.’’. 
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1 (2) adding at the end the following:÷ 

‘‘TITLE XVIII—DEDICATED FUNDING TO ACHIEVE EMERGENCY 

COMMUNICATIONS CAPABILITIES AND INTEROPERABILITY 

‘‘Sec. 1801. Emergency communications and interoperability grants.’’. 

2 SEC. 111. COMMUNICATION SYSTEM GRANTS. 

3 (a) DEFINITIONS.—In this section— 

4 (1) the term ‘‘demonstration project’’ means the 

5 demonstration project established under subsection 

6 (b)(1); 

7 (2) the term ‘‘Department’’ means the Depart8 ment of Homeland Security; 

9 (3) the term ‘‘emergency response provider’’ has 

10 the meaning given that term in section 2(6) of the 

11 Homeland Security Act of 2002 (6 U.S.C. 101(6)); 

12 and 

13 (4) the term ‘‘Secretary’’ means the Secretary of 

14 Homeland Security. 

15 (b) IN GENERAL.— 

16 (1) ESTABLISHMENT.—There is established in 

17 the Department an ‘‘International Border Commu18 nity Interoperable Communications Demonstration 

19 Project’’. 

20 (2) MINIMUM NUMBER OF COMMUNITIES.—The 

21 Secretary shall select not fewer than 6 communities to 

22 participate in a demonstration project. 
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1 (3) LOCATION OF COMMUNITIES.—Not fewer than 

2 3 of the communities selected under paragraph (2) 

3 shall be located on the northern border of the United 

4 States and not fewer than 3 of the communities se5 lected under paragraph (2) shall be located on the 

6 southern border of the United States. 

7 (c) PROJECT REQUIREMENTS.—The demonstration 

8 projects shall— 

9 (1) address the interoperable communications 

10 needs of police officers, firefighters, emergency medical 

11 technicians, National Guard, and other emergency re12 sponse providers; 

13 (2) foster interoperable communications— 

14 (A) among Federal, State, local, and tribal 

15 government agencies in the United States in16 volved in preventing or responding to terrorist 

17 attacks or other catastrophic events; and 

18 (B) with similar agencies in Canada or 

19 Mexico; 

20 (3) identify common international cross-border 

21 frequencies for communications equipment, including 

22 radio or computer messaging equipment; 

23 (4) foster the standardization of interoperable 

24 communications equipment; 
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1 (5) identify solutions that will facilitate commu2 nications interoperability across national borders ex3 peditiously; 

4 (6) ensure that emergency response providers can 

5 communicate with each other and the public at dis6 aster sites or in the event of a terrorist attack or other 

7 catastrophic event; 

8 (7) provide training and equipment to enable 

9 emergency response providers to deal with threats and 

10 contingencies in a variety of environments; and 

11 (8) identify and secure appropriate joint-use 

12 equipment to ensure communications access. 

13 (d) DISTRIBUTION OF FUNDS.— 

14 (1) IN GENERAL.—The Secretary shall distribute 

15 funds under this section to each community partici16 pating in a demonstration project through the State, 

17 or States, in which each community is located. 

18 (2) OTHER PARTICIPANTS.—Not later than 60 

19 days after receiving funds under paragraph (1), a 

20 State receiving funds under this section shall make 

21 the funds available to the local governments and 

22 emergency response providers participating in a dem23 onstration project selected by the Secretary. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

25 authorized to be appropriated such sums as are necessary 
37 

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1 in each of fiscal years 2006, 2007, and 2008, to carry out 

2 this section. 

3 (f) REPORTING.—Not later than December 31, 2005, 

4 and each year thereafter in which funds are appropriated 

5 for a demonstration project, the Secretary shall provide to 

6 the Committee on Homeland Security and Governmental 

7 Affairs of the Senate and the Committee on Homeland Se8 curity of the House of Representatives a report on the dem9 onstration projects under this section. 

10 TITLE II—DISASTER AREA 

11 HEALTH AND ENVIRON12 MENTAL MONITORING 

13 SEC. 201. SHORT TITLE. 

14 This title may be cited as the ‘‘Disaster Area Health 

15 and Environmental Monitoring Act of 2005’’. 

16 SEC. 202. PROTECTION OF HEALTH AND SAFETY OF INDI17 VIDUALS IN A DISASTER AREA. 

18 Title IV of the Robert T. Stafford Disaster Relief and 

19 Emergency Assistance Act is amended by inserting after 

20 section 408 (42 U.S.C. 5174) the following: 

21 ‘‘SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDI22 VIDUALS IN A DISASTER AREA. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) INDIVIDUAL.—The term ‘individual’ in25 cludes— 
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1 ‘‘(A) a worker or volunteer who responds to 

2 a disaster, including— 

3 ‘‘(i) a police officer; 

4 ‘‘(ii) a firefighter; 

5 ‘‘(iii) an emergency medical techni6 cian; 

7 ‘‘(iv) any participating member of an 

8 urban search and rescue team; and 

9 ‘‘(v) any other relief or rescue worker 

10 or volunteer that the President determines 

11 to be appropriate; 

12 ‘‘(B) a worker who responds to a disaster by 

13 assisting in the cleanup or restoration of critical 

14 infrastructure in and around a disaster area; 

15 ‘‘(C) a person whose place of residence is in 

16 a disaster area; 

17 ‘‘(D) a person who is employed in or at18 tends school, child care, or adult day care in a 

19 building located in a disaster area; and 

20 ‘‘(E) any other person that the President 

21 determines to be appropriate. 

22 ‘‘(2) PROGRAM.—The term ‘program’ means a 

23 program described in subsection (b) that is carried 

24 out for a disaster area. 
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1 ‘‘(3) SUBSTANCE OF CONCERN.—The term ‘sub2 stance of concern’ means a chemical or other sub3 stance that is associated with potential acute or 

4 chronic human health effects, the risk of exposure to 

5 which could potentially be increased as the result of 

6 a disaster, as determined by the President. 

7 ‘‘(b) PROGRAM.— 

8 ‘‘(1) IN GENERAL.—If the President determines 

9 that 1 or more substances of concern are being, or 

10 have been, released in an area declared to be a dis11 aster area under this Act, the President may carry 

12 out a program for the protection, assessment, moni13 toring, and study of the health and safety of individ14 uals to ensure that— 

15 ‘‘(A) the individuals are adequately in16 formed about and protected against potential 

17 health impacts of any substance of concern and 

18 potential mental health impacts in a timely 

19 manner; 

20 ‘‘(B) the individuals are monitored and 

21 studied over time, including through baseline 

22 and followup clinical health examinations, for— 

23 ‘‘(i) any short- and long-term health 

24 impacts of any substance of concern; and 

25 ‘‘(ii) any mental health impacts; 
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1 ‘‘(C) the individuals receive health care re2 ferrals as needed and appropriate; and 

3 ‘‘(D) information from any such monitoring 

4 and studies is used to prevent or protect against 

5 similar health impacts from future disasters. 

6 ‘‘(2) ACTIVITIES.—A program under paragraph 

7 (1) may include such activities as— 

8 ‘‘(A) collecting and analyzing environ9 mental exposure data; 

10 ‘‘(B) developing and disseminating infor11 mation and educational materials; 

12 ‘‘(C) performing baseline and followup clin13 ical health and mental health examinations and 

14 taking biological samples; 

15 ‘‘(D) establishing and maintaining an expo16 sure registry; 

17 ‘‘(E) studying the short- and long-term 

18 human health impacts of any exposures through 

19 epidemiological and other health studies; and 

20 ‘‘(F) providing assistance to individuals in 

21 determining eligibility for health coverage and 

22 identifying appropriate health services. 

23 ‘‘(3) TIMING.—To the maximum extent prac24 ticable, activities under any program established 

25 under paragraph (1) (including baseline health ex-
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1 aminations) shall be commenced in a timely manner 

2 that will ensure the highest level of public health pro3 tection and effective monitoring. 

4 ‘‘(4) PARTICIPATION IN REGISTRIES AND STUD5 IES.— 

6 ‘‘(A) IN GENERAL.—Participation in any 

7 registry or study that is part of a program 

8 under paragraph (1) shall be voluntary. 

9 ‘‘(B) PROTECTION OF PRIVACY.—The Presi10 dent shall take appropriate measures to protect 

11 the privacy of any participant in a registry or 

12 study described in subparagraph (A). 

13 ‘‘(5) COOPERATIVE AGREEMENTS.— 

14 ‘‘(A) IN GENERAL.—The President may 

15 carry out a program under paragraph (1) 

16 through a cooperative agreement with a medical 

17 institution, including a local health department, 

18 or a consortium of medical institutions. 

19 ‘‘(B) SELECTION CRITERIA.—To the max20 imum extent practicable, the President shall se21 lect to carry out a program under paragraph (1) 

22 a medical institution or a consortium of medical 

23 institutions that— 

24 ‘‘(i) is located near— 
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1 ‘‘(I) the disaster area with respect 

2 to which the program is carried out; 

3 and 

4 ‘‘(II) any other area in which 

5 there reside groups of individuals that 

6 worked or volunteered in response to 

7 the disaster; and 

8 ‘‘(ii) has appropriate experience in the 

9 areas of environmental or occupational 

10 health, toxicology, and safety, including ex11 perience in— 

12 ‘‘(I) developing clinical protocols 

13 and conducting clinical health exami14 nations, including mental health as15 sessments; 

16 ‘‘(II) conducting long-term health 

17 monitoring and epidemiological stud18 ies; 

19 ‘‘(III) conducting long-term men20 tal health studies; and 

21 ‘‘(IV) establishing and maintain22 ing medical surveillance programs and 

23 environmental exposure or disease reg24 istries. 

25 ‘‘(6) INVOLVEMENT.— 
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1 ‘‘(A) IN GENERAL.—In establishing and 

2 maintaining a program under paragraph (1), 

3 the President shall involve interested and affected 

4 parties, as appropriate, including representatives 

5 of— 

6 ‘‘(i) Federal, State, and local govern7 ment agencies; 

8 ‘‘(ii) groups of individuals that worked 

9 or volunteered in response to the disaster in 

10 the disaster area; 

11 ‘‘(iii) local residents, businesses, and 

12 schools (including parents and teachers); 

13 ‘‘(iv) health care providers; and 

14 ‘‘(v) other organizations and persons. 

15 ‘‘(B) COMMITTEES.—Involvement under 

16 subparagraph (A) may be provided through the 

17 establishment of an advisory or oversight com18 mittee or board. 

19 ‘‘(7) PRIVACY.—The President shall carry out 

20 each program under paragraph (1) in accordance 

21 with regulations relating to privacy promulgated 

22 under section 264(c) of the Health Insurance Port23 ability and Accountability Act of 1996 (42 U.S.C. 

24 1320d–2 note; Public Law 104–191). 
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1 ‘‘(c) REPORTS.—Not later than 1 year after the estab2 lishment of a program under subsection (b)(1), and every 

3 5 years thereafter, the President, or the medical institution 

4 or consortium of such institutions having entered into a co5 operative agreement under subsection (b)(5), shall submit 

6 to the Secretary of Homeland Security, the Secretary of 

7 Health and Human Services, the Secretary of Labor, the 

8 Administrator of the Environmental Protection Agency, 

9 and appropriate committees of Congress a report on pro10 grams and studies carried out under the program.’’. 

11 SEC. 203. NATIONAL ACADEMY OF SCIENCES REPORT ON 

12 DISASTER AREA HEALTH AND ENVIRON13 MENTAL PROTECTION AND MONITORING. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity, the Secretary of Health and Human Services, and the 

16 Administrator of the Environmental Protection Agency 

17 shall jointly enter into a contract with the National Acad18 emy of Sciences to conduct a study and prepare a report 

19 on disaster area health and environmental protection and 

20 monitoring. 

21 (b) EXPERTISE.—The report under subsection (a) shall 

22 be prepared with the participation of individuals who have 

23 expertise in— 

24 (1) environmental health, safety, and medicine; 

25 (2) occupational health, safety, and medicine; 
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1 (3) clinical medicine, including pediatrics; 

2 (4) toxicology; 

3 (5) epidemiology; 

4 (6) mental health; 

5 (7) medical monitoring and surveillance; 

6 (8) environmental monitoring and surveillance; 

7 (9) environmental and industrial hygiene; 

8 (10) emergency planning and preparedness; 

9 (11) public outreach and education; 

10 (12) State and local health departments; 

11 (13) State and local environmental protection 

12 departments; 

13 (14) functions of workers that respond to disas14 ters, including first responders; and 

15 (15) public health and family services. 

16 (c) CONTENTS.—The report under subsection (a) shall 

17 provide advice and recommendations regarding protecting 

18 and monitoring the health and safety of individuals poten19 tially exposed to any chemical or other substance associated 

20 with potential acute or chronic human health effects as the 

21 result of a disaster, including advice and recommendations 

22 regarding— 

23 (1) the establishment of protocols for the moni24 toring of and response to chemical or substance re-
46 

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1 leases in a disaster area for the purpose of protecting 

2 public health and safety, including— 

3 (A) chemicals or other substances for which 

4 samples should be collected in the event of a dis5 aster, including a terrorist attack; 

6 (B) chemical- or substance-specific methods 

7 of sample collection, including sampling meth8 odologies and locations; 

9 (C) chemical- or substance-specific methods 

10 of sample analysis; 

11 (D) health-based threshold levels to be used 

12 and response actions to be taken in the event 

13 that thresholds are exceeded for individual 

14 chemicals or other substances; 

15 (E) procedures for providing monitoring re16 sults to— 

17 (i) appropriate Federal, State, and 

18 local government agencies; 

19 (ii) appropriate response personnel; 

20 and 

21 (iii) the public; 

22 (F) responsibilities of Federal, State, and 

23 local agencies for— 

24 (i) collecting and analyzing samples; 

25 (ii) reporting results; and 
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1 (iii) taking appropriate response ac2 tions; and 

3 (G) capabilities and capacity within the 

4 Federal Government to conduct appropriate en5 vironmental monitoring and response in the 

6 event of a disaster, including a terrorist attack; 

7 and 

8 (2) other issues as specified by the Secretary of 

9 Homeland Security, the Secretary of Health and 

10 Human Services, and the Administrator of the Envi11 ronmental Protection Agency. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated such sums as are necessary 

14 to carry out this section. 

15 SEC. 204. PREDISASTER HAZARD MITIGATION. 

16 Section 203(m) of the Robert T. Stafford Disaster Re17 lief and Emergency Assistance Act (42 U.S.C. 5133(m)) is 

18 amended by striking ‘‘December 31, 2003’’ and inserting 

19 ‘‘September 30, 2007’’. 

20 TITLE III—EVACUATIONS 

21 SEC. 301. EVACUATION IN EMERGENCIES. 

22 (a) FINDINGS AND PURPOSE.— 

23 (1) FINDINGS.—Congress makes the following 

24 findings: 
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1 (A) The catastrophic Hurricane Katrina, 

2 which hit the Gulf Coast of the United States, 

3 caused massive damage to the States of Lou4 isiana, Mississippi, and Alabama. 

5 (B) The total loss of life in the area is still 

6 unknown. The economic loss is still not cal7 culated, but is estimated to be in the tens to hun8 dreds of billions of dollars. 

9 (C) Many of the lives lost to Hurricane 

10 Katrina, and the flooding that ensued, could 

11 have been prevented had everyone been evacuated 

12 before the hurricane came ashore. 

13 (D) Many of those people who were not 

14 evacuated— 

15 (i) lacked the resources to evacuate and 

16 did not have access to any means of trans17 portation to evacuate; 

18 (ii) had neither a vehicle nor the fund19 ing to pay for transportation out of the 

20 threatened areas; and 

21 (iii) did not have access to, nor could 

22 they afford, temporary accommodations out23 side the threatened areas. 

24 (E) Many elderly and disabled individuals, 

25 including those in hospitals and nursing homes, 
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1 were physically incapable of leaving on their 

2 own. 

3 (F) In St. Bernard Parish, Louisiana, an 

4 estimated 32 of 60 residents in the St. Rita 

5 nursing home perished in the rising flood waters 

6 in the aftermath of Hurricane Katrina. 

7 (G) A more effective predisaster and 

8 postdisaster plan for evacuation that addressed 

9 the requirements of those with special needs, such 

10 as those without transportation or those with 

11 physical disabilities, could have helped save lives. 

12 (2) PURPOSE.—The purpose of this section is to 

13 ensure the preparation of communities for future nat14 ural, accidental, or deliberate disasters by ensuring 

15 that the States prepare for the evacuation of individ16 uals with special needs. 

17 (b) EVACUATION PLANS FOR INDIVIDUALS WITH SPE18 CIAL NEEDS.—The Secretary of Homeland Security, acting 

19 through the Office of State and Local Government Coordi20 nation and Preparedness, shall take appropriate actions to 

21 ensure that each State, as that term is defined in section 

22 2(14) of the Homeland Security Act of 2002 (6 U.S.C. 

23 101(14)), requires appropriate State and local officials to 

24 develop detailed and comprehensive predisaster and 

25 postdisaster plans for the evacuation of individuals with 
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1 special needs, including the elderly, disabled individuals, 

2 low-income individuals and families, the homeless, and in3 dividuals who do not speak English, in emergencies that 

4 would warrant their evacuation, including plans for the 

5 provision of food, water, and shelter for evacuees. 

6 (c) REPORT TO CONGRESS.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this Act, the Secretary of 

9 Homeland Security shall submit to Congress a report 

10 setting forth, for each State, the status and key ele11 ments of the plans to evacuate individuals with spe12 cial needs in emergencies that would warrant their 

13 evacuation. 

14 (2) CONTENTS.—The report submitted under 

15 paragraph (1) shall include a discussion of— 

16 (A) whether the States have the resources 

17 necessary to implement fully their evacuation 

18 plans; and 

19 (B) the manner in which the plans of the 

20 States are integrated with the response plans of 

21 the Federal Government for emergencies that 

22 would require the evacuation of individuals with 

23 special needs. 

Calendar No. 232 

109TH CONGRESS 

1ST SESSION S. 1725 

A BILL 

To strengthen Federal leadership, provide grants, 

nications, and for other purposes. lic and private sectors for first responder commumote research and development by both the pubdevoted to public safety communications, to proto promote more efficient utilization of funding improved regional collaboration and coordination, achieve communications interoperability, to foster hance emergency communications capabilities, to other support to State and local officials to enenhance outreach and guidance, and provide 

SEPTEMBER 29, 2005 

Reported with amendments