II 

110TH CONGRESS 

1ST SESSION S. 385 

To improve the interoperability of emergency communications equipment. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2007 

Mr. INOUYE (for himself, Mr. STEVENS, Mr. KERRY, Mr. SMITH, and Ms. 

SNOWE) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve the interoperability of emergency communications 

equipment. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Interoperable Emer5 gency Communications Act’’. 

6 SEC. 2. INTEROPERABLE EMERGENCY COMMUNICATIONS. 

7 (a) IN GENERAL.—Section 3006 of Public Law 109– 

8 171 (47 U.S.C. 309 note) is amended— 

9 (1) by striking paragraphs (1) and (2) of sub10 section (a) and inserting the following: 


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1 ‘‘(1) may take such administrative action as is 

2 necessary to establish and implement a grant pro3 gram to assist public safety agencies— 

4 ‘‘(A) in conducting statewide or regional 

5 planning and coordination to improve the inter6 operability of emergency communications; 

7 ‘‘(B) in supporting the design and engi8 neering of interoperable emergency communica9 tions systems; 

10 ‘‘(C) in supporting the acquisition or de11 ployment of interoperable communications 

12 equipment or systems that improve or advance 

13 the interoperability with public safety commu14 nications systems; 

15 ‘‘(D) in obtaining technical assistance and 

16 conducting training exercises related to the use 

17 of interoperable emergency communications 

18 equipment and systems; and 

19 ‘‘(E) in establishing and implementing a 

20 strategic technology reserve to pre-position or 

21 secure interoperable communications in advance 

22 for immediate deployment in an emergency or 

23 major disaster (as defined in section 102(2) of 

24 Public Law 93–288 (42 U.S.C. 5122)); and 


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1 ‘‘(2) shall make payments of not to exceed 

2 $1,000,000,000, in the aggregate, through fiscal 

3 year 2010 from the Digital Television Transition 

4 and Public Safety Fund established under section 

5 309(j)(8)(E) of the Communications Act of 1934 

6 (47 U.S.C. 309(j)(8)(E)) to carry out the grant pro7 gram established under paragraph (1), of which not 

8 more than $100,000,000, in the aggregate, may be 

9 allocated for grants under paragraph (1)(E).’’; 

10 (2) by redesignating subsections (b) and (c) as 

11 subsections (k) and (l), respectively, and inserting 

12 after subsection (a) the following: 

13 ‘‘(b) EXPEDITED IMPLEMENTATION.—Pursuant to 

14 section 4 of the Call Home Act of 2006, no less than 

15 $1,000,000,000 shall be awarded for grants under sub16 section (a) no later than September 30, 2007, subject to 

17 the receipt of qualified applications as determined by the 

18 Assistant Secretary. 

19 ‘‘(c) ALLOCATION OF FUNDS.—In awarding grants 

20 under subparagraphs (A) through (D) of subsection 

21 (a)(1), the Assistant Secretary shall ensure that grant 

22 awards— 

23 ‘‘(1) result in distributions to public safety enti24 ties among the several States that are consistent 


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1 with section 1014(c)(3) of the USA PATRIOT ACT 

2 (42 U.S.C. 3714(c)(3)); and 

3 ‘‘(2) are prioritized based upon threat and risk 

4 factors that reflect an all-hazards approach to com5 munications preparedness. 

6 ‘‘(d) ELIGIBILITY.—To be eligible for assistance 

7 under the grant program established under subsection (a), 

8 an applicant shall submit an application, at such time, in 

9 such form, and containing such information as the Assist10 ant Secretary may require, including— 

11 ‘‘(1) a detailed explanation of how assistance 

12 received under the program would be used to im13 prove regional, State, or local communications inter14 operability and ensure interoperability with other ap15 propriate public safety agencies in an emergency or 

16 a major disaster; and 

17 ‘‘(2) assurance that the equipment and system 

18 would— 

19 ‘‘(A) be compatible with the communica20 tions architecture developed under section 

21 7303(a)(1)(E) of the Intelligence Reform and 

22 Terrorism Prevention Act of 2004 (6 U.S.C. 

23 194(a)(1)(E)); 


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1 ‘‘(B) meet any voluntary consensus stand2 ards developed under section 7303(a)(1)(D) of 

3 that Act (6 U.S.C. 194(a)(1)(D)); and 

4 ‘‘(C) be consistent with the common grant 

5 guidance established under section 

6 7303(a)(1)(H) of that Act (6 U.S.C. 

7 194(a)(1)(H)). 

8 ‘‘(e) CRITERIA FOR CERTAIN GRANTS.—In awarding 

9 grants under subparagraphs (A) through (D) of sub10 section (a)(1), the Assistant Secretary shall ensure that 

11 all grants funded are consistent with Federal grant guid12 ance established by the SAFECOM Program within the 

13 Department of Homeland Security. 

14 ‘‘(f) CRITERIA FOR STRATEGIC TECHNOLOGY RE15 SERVE GRANTS.— 

16 ‘‘(1) IN GENERAL.—In awarding grants under 

17 subsection (a)(1)(E), the Assistant Secretary shall 

18 consider the continuing technological evolution of 

19 communications technologies and devices, with its 

20 implicit risk of obsolescence, and shall ensure, to the 

21 maximum extent feasible, that a substantial part of 

22 the reserve involves prenegotiated contracts and 

23 other arrangements for rapid deployment of equip24 ment, supplies, and systems rather than the 

25 warehousing or storage of equipment and supplies 


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1 currently available at the time the reserve is estab2 lished. 

3 ‘‘(2) REQUIREMENTS AND CHARACTERISTICS.— 

4 A reserve established under paragraph (1) shall— 

5 ‘‘(A) be capable of re-establishing commu6 nications when existing infrastructure is dam7 aged or destroyed in an emergency or a major 

8 disaster; 

9 ‘‘(B) include appropriate current, widely10 used equipment, such as Land Mobile Radio 

11 Systems, cellular telephones and satellite equip12 ment, Cells-On-Wheels, Cells-On-Light-Trucks, 

13 or other self-contained mobile cell sites that can 

14 be towed, backup batteries, generators, fuel, 

15 and computers; 

16 ‘‘(C) include equipment on hand for the 

17 Governor of each State, key emergency response 

18 officials, and appropriate State or local per19 sonnel; 

20 ‘‘(D) include contracts (including 

21 prenegotiated contracts) for rapid delivery of 

22 the most current technology available from 

23 commercial sources; and 

24 ‘‘(E) include arrangements for training to 

25 ensure that personnel are familiar with the opVerDate Aug 31 2005 22:16 Jan 25, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S385.IS S385

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1 eration of the equipment and devices to be de2 livered pursuant to such contracts. 

3 ‘‘(3) ADDITIONAL CHARACTERISTICS.—Portions 

4 of the reserve may be virtual and may include items 

5 donated on an in-kind contribution basis. 

6 ‘‘(4) CONSULTATION.—In developing the re7 serve, the Assistant Secretary shall seek advice from 

8 the Secretary of Defense and the Secretary of 

9 Homeland Security, as well as national public safety 

10 organizations, emergency managers, State, local, and 

11 tribal governments, and commercial providers of 

12 such systems and equipment. 

13 ‘‘(5) ALLOCATION AND USE OF FUNDS.—The 

14 Assistant Secretary shall allocate— 

15 ‘‘(A) a portion of the reserve’s funds for 

16 block grants to States to enable each State to 

17 establish a strategic technology reserve within 

18 its borders in a secure location to allow imme19 diate deployment; and 

20 ‘‘(B) a portion of the reserve’s funds for 

21 regional Federal strategic technology reserves 

22 to facilitate any Federal response when nec23 essary, to be held in each of the Federal Emer24 gency Management Agency’s regional offices, 

25 including Boston, Massachusetts (Region 1), 


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1 New York, New York (Region 2), Philadelphia, 

2 Pennsylvania (Region 3), Atlanta, Georgia (Re3 gion 4), Chicago, Illinois (Region 5), Denton, 

4 Texas (Region 6), Kansas City, Missouri (Re5 gion 7), Denver, Colorado (Region 8), Oakland, 

6 California (Region 9), Bothell, Washington (Re7 gion 10), and each of the noncontiguous States 

8 for immediate deployment. 

9 ‘‘(g) CONSENSUS STANDARDS.—In carrying out this 

10 section, the Assistant Secretary, in cooperation with the 

11 Secretary of Homeland Security shall identify and, if nec12 essary, encourage the development and implementation of, 

13 consensus standards for interoperable communications 

14 systems to the greatest extent practicable. 

15 ‘‘(h) USE OF ECONOMY ACT.—In implementing the 

16 grant program established under subsection (a)(1), the 

17 Assistant Secretary may seek assistance from other Fed18 eral agencies in accordance with section 1535 of title 31, 

19 United States Code. 

20 ‘‘(i) INSPECTOR GENERAL REPORT.—Beginning with 

21 the first fiscal year beginning after the date of enactment 

22 of the Interoperable Emergency Communications Act, the 

23 Inspector General of the Department of Commerce shall 

24 conduct an annual assessment of the management of the 

25 grant program implemented under subsection (a)(1) and 


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1 transmit a report containing the findings of that assess2 ment and any recommendations related thereto to the Sen3 ate Committee on Commerce, Science, and Transportation 

4 and the House of Representatives Committee on Energy 

5 and Commerce. 

6 ‘‘(j) DEADLINE FOR IMPLEMENTATION PROGRAM

7 RULES.—Within 90 days after the date of enactment of 

8 the Interoperable Emergency Communications Act, the 

9 Assistant Secretary, in consultation with the Secretary of 

10 Homeland Security and the Federal Communications 

11 Commission, shall promulgate program rules for the im12 plementation of this section.’’; and 

13 (3) by striking paragraph (3) of subsection (l), 

14 as redesignated. 

15 (b) FCC REPORT ON EMERGENCY COMMUNICATIONS

16 BACK-UP SYSTEM.— 

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

18 the date of enactment of this Act, the Federal Com19 munications Commission, in coordination with the 

20 Secretary of Homeland Security, shall evaluate the 

21 technical feasibility of creating a back-up emergency 

22 communications system that complements existing 

23 communications resources and takes into account 

24 next generation and advanced telecommunications 

25 technologies. The overriding objective for the evaluaVerDate Aug 31 2005 22:16 Jan 25, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S385.IS S385

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1 tion shall be providing a framework for the develop2 ment of a resilient interoperable communications 

3 system for emergency responders in an emergency. 

4 The Commission shall evaluate all reasonable op5 tions, including satellites, wireless, and terrestrial6 based communications systems and other alternative 

7 transport mechanisms that can be used in tandem 

8 with existing technologies. 

9 (2) FACTORS TO BE EVALUATED.—The evalua10 tion under paragraph (1) shall include— 

11 (A) a survey of all Federal agencies that 

12 use terrestrial or satellite technology for com13 munications security and an evaluation of the 

14 feasibility of using existing systems for the pur15 pose of creating such an emergency back-up 

16 public safety communications system; 

17 (B) the feasibility of using private satellite, 

18 wireless, or terrestrial networks for emergency 

19 communications; 

20 (C) the technical options, cost, and deploy21 ment methods of software, equipment, handsets 

22 or desktop communications devices for public 

23 safety entities in major urban areas, and na24 tionwide; and 


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1 (D) the feasibility and cost of necessary 

2 changes to the network operations center of ter3 restrial-based or satellite systems to enable the 

4 centers to serve as emergency back-up commu5 nications systems. 

6 (3) REPORT.—Upon the completion of the eval7 uation under subsection (a), the Commission shall 

8 submit a report to Congress that details the findings 

9 of the evaluation, including a full inventory of exist10 ing public and private resources most efficiently ca11 pable of providing emergency communications. 

12 SEC. 3. RULE OF CONSTRUCTION. 

13 (a) IN GENERAL.—Title VI of the Post-Katrina 

14 emergency Management Reform Act of 2006 (Public Law 

15 109–295) is amended by adding at the end thereof the 

16 following: 

17 ‘‘SEC. 699A. RULE OF CONSTRUCTION. 

18 ‘‘Nothing in this title, including the amendments 

19 made by this title, may be construed to reduce or other20 wise limit the authority of the Department of Commerce 

21 or the Federal Communications Commission.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 this section shall take effect as though enacted as part 


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1 of the Department of Homeland Security Appropriations 

2 Act, 2007. 

Æ 


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