I 
109TH CONGRESS 
2D SESSION 
H. R. 5852 
To amend the Homeland Security Act of 2002 to enhance emergency commu-
nications at the Department of Homeland Security, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2006 
Mr. REICHERT (for himself, Mr. PASCRELL, Mr. KING of New York, Mr. 
THOMPSON of Mississippi, Mr. MCCAUL of Texas, Mrs. LOWEY, Mr. 
WELDON
of Pennsylvania, Mr. ETHERIDGE, Mr. SIMMONS, Mrs. 
CHRISTENSEN, and Mr. DEFAZIO) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committee on Homeland Security, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Homeland Security Act of 2002 to enhance 
emergency communications at the Department of Home-
land Security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘21st Century Emer-
gency Communications Act of 2006’’. 
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SEC. 2. EMERGENCY COMMUNICATIONS. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following new title: 
‘‘TITLE XVIII—EMERGENCY 
COMMUNICATIONS 
‘‘SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS. 
‘‘(a) IN GENERAL.—There is in the Department an 
Office of Emergency Communications. 
‘‘(b) ASSISTANT SECRETARY.—The head of the office 
shall be the Assistant Secretary for Emergency Commu-
nications. 
‘‘(c) RESPONSIBILITIES.—The Assistant Secretary 
for Emergency Communications shall— 
‘‘(1) assist the Secretary in developing and im-
plementing 
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)), except 
as provided in section 314; 
‘‘(2) administer the Department’s responsibil-
ities and authorities relating to the SAFECOM Pro-
gram, excluding elements related to research, devel-
opment, testing, and evaluation and standards; 
‘‘(3) administer the Department’s responsibil-
ities and authorities relating to the Integrated Wire-
less Network program; 
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‘‘(4) coordinate, as appropriate, regarding the 
administration of the National Communications Sys-
tem; 
‘‘(5) conduct extensive, nationwide outreach and 
foster the development of interoperable emergency 
communications capabilities by State, regional, local, 
and tribal governments and public safety agencies; 
‘‘(6) provide technical assistance to State, re-
gional, local, and tribal officials with respect to use 
of interoperable emergency communications capabili-
ties; 
‘‘(7) facilitate the creation of Regional Emer-
gency 
Communications 
Coordination 
Working 
Groups under section 1805; 
‘‘(8) promote the development of best practices 
with respect to use of interoperable emergency com-
munications capabilities for incident response and 
facilitate the sharing of information on such best 
practices (including from governments abroad) for 
achieving, maintaining, and enhancing interoperable 
emergency communications capabilities for such re-
sponse; 
‘‘(9) coordinate the establishment of a national 
response capability with initial and ongoing plan-
ning, implementation, and training for the deploy-
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ment of backup communications services in the 
event of a catastrophic loss of local and regional 
emergency communications services; 
‘‘(10) assist the President, the National Secu-
rity Council, the Homeland Security Council, and 
the Director of the Office of Management and Budg-
et in ensuring the operability of the telecommuni-
cations functions and responsibilities of the Federal 
Government, excluding spectrum management; 
‘‘(11) establish, in coordination with the Direc-
tor of the Office of Interoperability and Compat-
ibility, requirements for total and nonproprietary 
interoperable emergency communications capabilities 
for all public safety radio and data communications 
systems and equipment purchased using homeland 
security assistance administered by the Department; 
‘‘(12) review, in consultation with the Assistant 
Secretary for Grants and Training, all interoperable 
emergency communications plans of Federal, State, 
local, and tribal governments, including Statewide 
and tactical interoperability plans, developed pursu-
ant to homeland security assistance administered by 
the Department, but excluding spectrum allocation 
and management related to such plans. 
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‘‘(d) PERFORMANCE OF PREVIOUSLY TRANSFERRED 
FUNCTIONS.—There is transferred to the Secretary the 
authority to administer, through the Assistant Secretary 
for Emergency Communications, the following: 
‘‘(1) The SAFECOM Program, excluding ele-
ments related to research, development, testing, and 
evaluation and standards. 
‘‘(2) The responsibilities of the Chief Informa-
tion Officer related to the implementation of the In-
tegrated Wireless Network. 
‘‘(3) The Interoperable Communications Tech-
nical Assistance Program. 
‘‘(e) COORDINATION.—The Assistant Secretary shall 
coordinate, as appropriate, with the Director of the Office 
for Interoperability and Compatibility with respect to the 
responsibilities described in section 314. 
‘‘(f) SUFFICIENCY OF RESOURCES PLAN.— 
‘‘(1) REPORT.—Not later than days 60 days 
after the enactment of this section, the Secretary 
shall submit to Congress a report on the resources 
and staff necessary to carry out the responsibilities 
under this subtitle. 
‘‘(2) COMPTROLLER
GENERAL
REVIEW.—The 
Comptroller General shall review the validity of the 
report submitted by the Secretary under paragraph 
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(1).
Not later than 30 days after the date on which 
such report is submitted, the Comptroller General 
shall submit to Congress a report containing the 
findings of such review. 
‘‘SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS RE-
PORT. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Assistant Secretary for Emergency Communications, 
shall, not later than one year after the completion of the 
baseline assessment under section 1803, and in coopera-
tion with State, local, and tribal governments, Federal de-
partments and agencies, emergency response providers, 
emergency support responders, and the private sector, de-
velop a National Emergency Communications Report to 
provide recommendations regarding how the United States 
can accelerate the deployment of interoperable emergency 
communications nationwide. 
‘‘(b) CONTENTS.—The report shall— 
‘‘(1) include a national interoperable emergency 
communications inventory to be completed by the 
Secretary of Homeland Security, the Secretary of 
Commerce, and the Chairman of the Federal Com-
munications Commission that— 
‘‘(A) identifies for each Federal depart-
ment and agency— 
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‘‘(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 
communications systems in use for public safety 
systems in the United States; and 
‘‘(C) provides a listing of public safety mu-
tual aid channels in operation and their ability 
to connect to an interoperable communications 
system; 
‘‘(2) recommend, in consultation with the Fed-
eral Communications Commission and the National 
Institute of Standards and Technology, a process for 
expediting national voluntary consensus-based emer-
gency communications equipment standards for the 
purchase and use by public safety agencies of inter-
operable emergency communications equipment and 
technologies; 
‘‘(3) identify the appropriate interoperable 
emergency communications capabilities necessary for 
Federal, State, local, and tribal governments to op-
erate at all threat levels; 
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‘‘(4) recommend both short-term and long-term 
solutions for deploying Federal, State, local, and 
tribal interoperable emergency communications sys-
tems nationwide, including through the provision of 
existing and emerging technologies that facilitate 
operability, interoperability, coordination, and inte-
gration among existing emergency communications 
systems; 
‘‘(5) identify how Federal Government depart-
ments and agencies that respond to acts of ter-
rorism, natural disasters, and other emergencies can 
work effectively with State, local, and tribal govern-
ments, in all States, and with other entities; 
‘‘(6) include recommendations to identify and 
overcome obstacles to deploying interoperable emer-
gency communications nationwide; and 
‘‘(7) recommend goals and timeframes for the 
deployment of an emergency, command-level commu-
nications system based on new and existing equip-
ment across the United States and develop a time-
table for deploying interoperable emergency commu-
nications systems nationwide. 
‘‘SEC. 1803. ASSESSMENTS AND REPORTS. 
‘‘(a) BASELINE
OPERABILITY
AND
INTEROPER-
ABILITY ASSESSMENT.—Not later than one year after the 
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date of the enactment of this section and not less than 
every 5 years thereafter, the Secretary, acting through the 
Assistant Secretary for Emergency Communications, shall 
conduct an assessment of Federal, State, local, and tribal 
governments, to— 
‘‘(1) define the range of operable and interoper-
able emergency communications capabilities needed 
for specific events; 
‘‘(2) assess the current capabilities to meet 
such communications needs; and 
‘‘(3) identify the gap between such current ca-
pabilities and defined requirements. 
‘‘(b) PROGRESS REPORTS.—Not later than one year 
after the date of enactment of this section and annually 
thereafter, the Secretary, acting through the Assistant 
Secretary for Emergency Communications, shall submit to 
Congress a report on the progress of the Department in 
implementing and achieving the goals of this subtitle, in-
cluding— 
‘‘(1) a description of the findings of the most 
recent baseline assessment conducted under sub-
section (a); 
‘‘(2) a determination of the degree to which 
interoperable emergency communications has been 
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achieved to date and ascertain the gaps that remains 
for interoperability to be achieved; 
‘‘(3) an assessment of the ability of commu-
nities to provide and maintain interoperable emer-
gency communications among emergency managers, 
emergency response providers, emergency support 
providers, and government officials in the event of 
acts of terrorism, natural disasters, or other emer-
gencies, including Incidents of National Significance 
declared by the Secretary under the National Re-
sponse Plan, and where there is substantial damage 
to communications infrastructure; 
‘‘(4) a list of best practices among communities 
for providing and maintaining interoperable emer-
gency communications in the event of acts of ter-
rorism, natural disasters, or other emergencies; and 
‘‘(5) an evaluation of the feasibility and desir-
ability 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 sup-
port emergency communications at the site of acts of 
terrorism, natural disasters, or other emergencies. 
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‘‘SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY 
COMMUNICATIONS GRANT PROGRAMS. 
‘‘(a) COORDINATION OF GRANTS AND STANDARDS 
PROGRAMS.—The Secretary, acting through Assistant 
Secretary for Emergency Communications, shall ensure 
that grant guidelines for the use of homeland security as-
sistance administered by the Department relating to inter-
operable emergency communications are coordinated and 
consistent with the goals and recommendations in the Na-
tional Emergency Communications Report under section 
1802. 
‘‘(b) DENIAL OF ELIGIBILITY FOR GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Assistant Secretary for Grants and 
Planning, and in consultation with the Assistant 
Secretary for Emergency Communications, may pro-
hibit any State, local, or tribal government from 
using homeland security assistance administered by 
the Department to achieve, maintain, or enhance 
interoperable emergency communications capabili-
ties, if— 
‘‘(A) such government has not complied 
with the requirement to submit a Statewide 
Interoperable Communications Plan as required 
by section 7303(f) of the Intelligence Reform 
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and Terrorism Prevention Act of 2004 (6 
U.S.C. 194(f)); 
‘‘(B) such government has proposed to up-
grade or purchase new equipment or systems 
that do not meet or exceed any applicable na-
tional voluntary consensus standards and has 
not provided a reasonable explanation of why 
such equipment or systems will serve the needs 
of the applicant better than equipment or sys-
tems that meet or exceed such standards; and 
‘‘(C) as of the date that is three years 
after the date of the enactment of this section, 
national voluntary consensus standards for 
interoperable emergency communications capa-
bilities have not been developed and promul-
gated. 
‘‘(2) STANDARDS.—The Secretary, in coordina-
tion with the Federal Communications Commission, 
the National Institute of Standards and Technology, 
and other Federal departments and agencies with re-
sponsibility for standards, shall support the develop-
ment, promulgation, and updating as necessary of 
national voluntary consensus standards for inter-
operable emergency communications with the goal of 
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having such standards in place to satisfy the re-
quirements of paragraph (1)(C). 
‘‘SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS CO-
ORDINATION. 
‘‘(a) IN GENERAL.—There is in each Regional Office 
a Regional Emergency Communications Coordination 
Working Group (in this section referred to as an ‘RECC 
Working Group’). 
‘‘(b) SUBJECT
MATTER
EXPERTS.—The RECC 
Working Group shall consist of the following: 
‘‘(1) 
NON-FEDERAL.—Organizations 
rep-
resenting the interests of the following: 
‘‘(A) State officials. 
‘‘(B) Local officials, including sheriffs. 
‘‘(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. 
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‘‘(L) Wireless carriers. 
‘‘(M) Satellite communications services. 
‘‘(N) Emergency evacuation transit serv-
ices. 
‘‘(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 home-
land security directors. 
‘‘(S) Cable operators. 
‘‘(T) Other emergency response providers 
or emergency support providers as deemed ap-
propriate. 
‘‘(2) FEDERAL.—Representatives from the De-
partment and other Federal departments and agen-
cies with responsibility for coordinating interoperable 
emergency communications with or providing emer-
gency support services to State, local, and tribal gov-
ernments. 
‘‘(c) DUTIES.—The duties of each RECC Working 
Group shall include— 
‘‘(1) assessing the survivability, sustainability, 
and interoperability of local emergency communica-
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tions systems to meet the goals of the National 
Emergency Communications Report; 
‘‘(2) reporting annually to the Assistant Sec-
retary for Emergency Communications on the status 
of its region in building robust and sustainable 
interoperable voice and data emergency communica-
tions networks and on the progress of the region in 
meeting the goals of the National Emergency Com-
munications Report under section 1802 when such 
Report is complete; 
‘‘(3) ensuring a process for the coordination of 
the establishment of effective multijurisdictional, 
multi-agency emergency communications networks 
for use during acts of terrorism, natural disasters, 
and other emergencies through the expanded use of 
emergency management and public safety commu-
nications mutual aid agreements; and 
‘‘(4) coordinating the establishment of Federal, 
State, local, and tribal support services and net-
works designed to address the immediate and critical 
human needs in responding to acts of terrorism, nat-
ural disasters, and other emergencies. 
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‘‘SEC. 1806. EMERGENCY COMMUNICATIONS PREPARED-
NESS CENTER. 
‘‘(a) ESTABLISHMENT.—There is established the 
Emergency Communications Preparedness Center (in this 
section referred to as the ‘Center’). 
‘‘(b) OPERATION.— 
‘‘(1) IN GENERAL.—The Secretary, the Chair-
man of the Federal Communications Commission, 
the Secretary of Defense, the Secretary of Com-
merce, the Attorney General, and the heads of other 
Federal departments and agencies or their designees 
shall jointly operate the Center in accordance with 
the Memorandum of Understanding entitled, ‘Emer-
gency 
Communications 
Preparedness 
Center 
(ECPC) Charter’. 
‘‘(2) CHAIR.—The Chair of the Center shall ro-
tate every two years between the Secretary of Home-
land Security, the Secretary of Defense, the Sec-
retary of Commerce, the Attorney General, and the 
Chairman of the Federal Communications Commis-
sion. 
‘‘(c) FUNCTIONS.—The Center shall— 
‘‘(1) serve as the focal point for interagency ef-
forts to address operable and interoperable commu-
nications; 
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‘‘(2) serve as a clearinghouse with respect to all 
relevant information regarding intergovernmental ef-
forts 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 im-
plementation of the goals recommended in the Na-
tional Emergency Communications Report under 
section 1802, including specifically by working to 
avoid duplication, hindrances, and counteractive ef-
forts among the participating Federal departments 
and agencies; 
‘‘(4) prepare and submit to Congress, on an an-
nual basis, a strategic assessment regarding the ef-
forts of Federal departments and agencies to imple-
ment the National Emergency Communications Re-
port under section 1802; and 
‘‘(5) perform such other functions as are pro-
vided in the ECPC Charter under subsection (b)(1). 
‘‘(d) REPORT.—Not later than 180 days after the 
date of the enactment of this section, the Chair shall 
transmit to the Congress a report regarding the implemen-
tation of this section, including a description of the staff-
ing and resource needs of the Center. 
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‘‘SEC. 1807. URBAN AND OTHER HIGH RISK AREA COMMU-
NICATIONS CAPABILITIES. 
‘‘(a) IN GENERAL.—The Secretary, in consultation 
with the Chairman of the Federal Communications Com-
mission and the Secretary of Defense, and with appro-
priate State, local, and tribal government officials, shall 
provide technical guidance, training, and other assistance, 
as appropriate, to support the rapid establishment of con-
sistent, secure, and effective interoperable emergency com-
munications capabilities in the event of an emergency in 
urban and other areas determined by the Secretary to be 
at consistently high levels of risk from acts of terrorism, 
natural disasters, and other emergencies. 
‘‘(b) MINIMUM CAPABILITIES.—The interoperable 
emergency communications capabilities established under 
subsection (a) shall ensure the ability of all levels of gov-
ernment, emergency response providers, emergency sup-
port providers, the private sector, and other organizations 
with emergency response capabilities— 
‘‘(1) to communicate with each other in the 
event of an emergency; 
‘‘(2) to have appropriate and timely access to 
the Information Sharing Environment described in 
section 1016 of the National Security Intelligence 
Reform Act of 2004 (6 U.S.C. 321); and 
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‘‘(3) to be consistent with any applicable State 
or Urban Area homeland strategy or plan.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end the following: 
‘‘TITLE XVIII—EMERGENCY COMMUNICATIONS 
‘‘Sec. 1801. Office of Emergency Communications. 
‘‘Sec. 1802. National Emergency Communications Report. 
‘‘Sec. 1803. Assessments and reports. 
‘‘Sec. 1804. Coordination of Federal emergency communications grant pro-
grams. 
‘‘Sec. 1805. Regional emergency communications coordination. 
‘‘Sec. 1806. Emergency Communications Preparedness Center. 
‘‘Sec. 1807. Urban and other high risk area communications capabilities. 
SEC. 3. OFFICE OF INTEROPERABILITY AND COMPAT-
IBILITY. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 314. OFFICE OF INTEROPERABILITY AND COMPAT-
IBILITY. 
‘‘(a) CLARIFICATION
OF RESPONSIBILITIES.—The 
Director of the Office of Interoperability and Compat-
ibility shall— 
‘‘(1) assist the Secretary in developing and im-
plementing the science and technology aspects of the 
program described in subparagraphs (D), (E), (F), 
and (G) of section 7303(a)(1) of the Intelligence Re-
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