Homeland Security Act of 2002 Part 23

(a) * * *

(b) [5 U.S.C. 5315 note] Special Effective Date.-- Notwithstanding section 4, the amendment made by subsection (a)(5) shall take effect on the date on which the transfer of functions specified under section 441 takes effect.

SEC. 1703. UNITED STATES SECRET SERVICE.

(a) * * *

(b) [3 U.S.C. 202 note] Effective Date.--The amendments made by this section shall take effect on the date of transfer of the United States Secret Service to the Department.

SEC. 1704. COAST GUARD.

(a) * * *

(g) [10 U.S.C. 101 note] Effective Date.--The amendments made by this section (other than subsection (f)) shall take effect on the date of transfer of the Coast Guard to the Department.

SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE DEVELOPMENT.

(a) * * *

(b) [42 U.S.C. 247d-6b note] Effective Date.--The amendments made by this section shall take effect on the date of transfer of the Strategic National Stockpile of the Department of Health and Human Services to the Department.

SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT FUNCTIONS AND AUTHORITIES.

(a) * * *

(2) [40 U.S.C. 1315 note] Delegation of authority.--The Secretary may delegate authority for the protection of specific buildings to another Federal agency where, in the Secretary's discretion, the Secretary determines it necessary for the protection of that building.

SEC. 1708. [50 U.S.C. 1522 NOTE] NATIONAL BIO-WEAPONS DEFENSE a.n.a.lYSIS CENTER.

There is established in the Department of Defense a National Bio-Weapons Defense a.n.a.lysis Center, whose mission is to develop countermeasures to potential attacks by terrorists using weapons of ma.s.s destruction.

Sec. 1714. [6 U.S.C. 103] Notwithstanding any other provision of this Act, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this Act to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this Act.

t.i.tLE XVIII--EMERGENCY COMMUNICATIONS

SEC. 1801. [6 U.S.C. 571] OFFICE OF EMERGENCY COMMUNICATIONS.

(a) In General.--There is established in the Department an Office of Emergency Communications.

(b) Director.--The head of the office shall be the Director for Emergency Communications. The Director shall report to the a.s.sistant Secretary for Cybersecurity and Communications.

(c) Responsibilities.--The Director for Emergency Communications shall-- (1) a.s.sist the Secretary in developing and implementing the program described in section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as provided in section 314; (2) administer the Department's responsibilities and authorities relating to the SAFECOM Program, excluding elements related to research, development, testing, and evaluation and standards; (3) administer the Department's responsibilities and authorities relating to the Integrated Wireless Network program; (4) conduct extensive, nationwide outreach to support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; (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, and by regional consortia thereof; (6) provide technical a.s.sistance to State, regional, local, and tribal government officials with respect to use of interoperable emergency communications capabilities; (7) coordinate with the Regional Administrators regarding the activities of Regional Emergency Communications Coordination Working Groups under section 1805; (8) promote the development of standard operating procedures and best practices with respect to use of interoperable emergency communications capabilities for incident response, and facilitate the sharing of information on such best practices for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response; (9) coordinate, in cooperation with the National Communications System, the establishment of a national response capability with initial and ongoing planning, implementation, and training for the deployment of communications equipment for relevant State, local, and tribal governments and emergency response providers in the event of a catastrophic loss of local and regional emergency communications services; (10) a.s.sist the President, the National Security Council, the Homeland Security Council, and the Director of the Office of Management and Budget in ensuring the continued operation of the telecommunications functions and responsibilities of the Federal Government, excluding spectrum management; (11) establish, in coordination with the Director of the Office for Interoperability and Compatibility, requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security a.s.sistance administered by the Department, excluding any alert and warning device, technology, or system; (12) review, in consultation with the a.s.sistant Secretary for Grants and Training, all interoperable emergency communications plans of Federal, State, local, and tribal governments, including Statewide and tactical interoperability plans, developed pursuant to homeland security a.s.sistance administered by the Department, but excluding spectrum allocation and management related to such plans; (13) develop and update periodically, as appropriate, a National Emergency Communications Plan under section 1802; (14) perform such other duties of the Department necessary to support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; and (15) perform other duties of the Department necessary to achieve the goal of and maintain and enhance interoperable emergency communications capabilities.

(d) Performance of Previously Transferred Functions.--The Secretary shall transfer to, and administer through, the Director for Emergency Communications the following programs and responsibilities: (1) The SAFECOM Program, excluding elements related to research, development, testing, and evaluation and standards.

(2) The responsibilities of the Chief Information Officer related to the implementation of the Integrated Wireless Network.

(3) The Interoperable Communications Technical a.s.sistance Program.

(e) Coordination.--The Director for Emergency Communications shall coordinate-- (1) as appropriate, with the Director of the Office for Interoperability and Compatibility with respect to the responsibilities described in section 314; and (2) with the Administrator of the Federal Emergency Management Agency with respect to the responsibilities described in this t.i.tle.

(f) Sufficiency of Resources Plan.-- (1) Report.--Not later than 120 days after the date of enactment of this section, the Secretary shall submit to Congress a report on the resources and staff necessary to carry out fully the responsibilities under this t.i.tle.

(2) Comptroller general review.--The Comptroller General shall review the validity of the report submitted by the Secretary under paragraph (1). Not later than 60 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. [6 U.S.C. 572] NATIONAL EMERGENCY COMMUNICATIONS PLAN.

(a) In General.--The Secretary, acting through the Director for Emergency Communications, and in cooperation with the Department of National Communications System (as appropriate), shall, in cooperation with State, local, and tribal governments, Federal departments and agencies, emergency response providers, and the private sector, develop not later than 180 days after the completion of the baseline a.s.sessment under section 1803, and periodically update, a National Emergency Communications Plan to provide recommendations regarding how the United States should-- (1) support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and (2) ensure, accelerate, and attain interoperable emergency communications nationwide.

(b) Coordination.--The Emergency Communications Preparedness Center under section 1806 shall coordinate the development of the Federal aspects of the National Emergency Communications Plan.

(c) Contents.--The National Emergency Communications Plan shall-- (1) include recommendations developed in consultation with the Federal Communications Commission and the National Inst.i.tute of Standards and Technology for a process for expediting national voluntary consensus standards for emergency communications equipment for the purchase and use by public safety agencies of interoperable emergency communications equipment and technologies; (2) identify the appropriate capabilities necessary for emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; (3) identify the appropriate interoperable emergency communications capabilities necessary for Federal, State, local, and tribal governments in the event of natural disasters, acts of terrorism, and other man-made disasters; (4) recommend both short-term and long-term solutions for ensuring that emergency response providers and relevant government officials can continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; (5) recommend both short-term and long-term solutions for deploying interoperable emergency communications systems for Federal, State, local, and tribal governments throughout the Nation, including through the provision of existing and emerging technologies; (6) identify how Federal departments and agencies that respond to natural disasters, acts of terrorism, and other man-made disasters can work effectively with State, local, and tribal governments, in all States, and with other ent.i.ties; (7) identify obstacles to deploying interoperable emergency communications capabilities nationwide and recommend short-term and long-term measures to overcome those obstacles, including recommendations for multijurisdictional coordination among Federal, State, local, and tribal governments; (8) recommend goals and timeframes for the deployment of emergency, command-level communications systems based on new and existing equipment across the United States and develop a timetable for the deployment of interoperable emergency communications systems nationwide; (9) recommend appropriate measures that emergency response providers should employ to ensure the continued operation of relevant governmental communications infrastructure in the event of natural disasters, acts of terrorism, or other man-made disasters; and (10) set a date, including interim benchmarks, as appropriate, by which State, local, and tribal governments, Federal departments and agencies, and emergency response providers expect to achieve a baseline level of national interoperable communications, as that term is defined under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)).

SEC. 1803. [6 U.S.C. 573] a.s.sESSMENTS AND REPORTS.

(a) Baseline a.s.sessment.--Not later than 1 year after the date of enactment of this section and not less than every 5 years thereafter, the Secretary, acting through the Director for Emergency Communications, shall conduct an a.s.sessment of Federal, State, local, and tribal governments that-- (1) defines the range of capabilities needed by emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; (2) defines the range of interoperable emergency communications capabilities needed for specific events; (3) a.s.sesses the current available capabilities to meet such communications needs; (4) identifies the gap between such current capabilities and defined requirements; and (5) includes 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 Communications Commission that-- (A) identifies for each Federal department and agency-- (i) the channels and frequencies used; (ii) the nomenclature used to refer to each channel or frequency used; and (iii) the types of communications systems and equipment used; and (B) identifies the interoperable emergency communications systems in use by public safety agencies in the United States.

(b) Cla.s.sified Annex.--The baseline a.s.sessment under this section may include a cla.s.sified annex including information provided under subsection (a)(5)(A).

(c) Savings Clause.--In conducting the baseline a.s.sessment under this section, the Secretary may incorporate findings from a.s.sessments conducted before, or ongoing on, the date of enactment of this t.i.tle.

(d) Progress Reports.--Not later than one year after the date of enactment of this section and biennially thereafter, the Secretary, acting through the Director for Emergency Communications, shall submit to Congress a report on the progress of the Department in achieving the goals of, and carrying out its responsibilities under, this t.i.tle, including-- (1) a description of the findings of the most recent baseline a.s.sessment conducted under subsection (a); (2) a determination of the degree to which interoperable emergency communications capabilities have been attained to date and the gaps that remain for interoperability to be achieved; (3) an evaluation of the ability to continue to communicate and to provide and maintain interoperable emergency communications by emergency managers, emergency response providers, and relevant government officials in the event of-- (A) natural disasters, acts of terrorism, or other man-made disasters, including Incidents of National Significance declared by the Secretary under the National Response Plan; and (B) a catastrophic loss of local and regional communications services; (4) a list of best practices relating to the ability to continue to communicate and to provide and maintain interoperable emergency communications in the event of natural disasters, acts of terrorism, or other man-made disasters; and (A) an evaluation of the feasibility and desirability of the Department developing, on its own or in conjunction with the Department of Defense, a mobile communications capability, modeled on the Army Signal Corps, that could be deployed to support emergency communications at the site of natural disasters, acts of terrorism, or other man-made disasters.

SEC. 1804. [6 U.S.C. 574] COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT PROGRAMS.

(a) Coordination of Grants and Standards Programs.--The Secretary, acting through the Director for Emergency Communications, shall ensure that grant guidelines for the use of homeland security a.s.sistance administered by the Department relating to interoperable emergency communications are coordinated and consistent with the goals and recommendations in the National Emergency Communications Plan under section 1802.

(b) Denial of Eligibility for Grants.-- (1) In general.--The Secretary, acting through the a.s.sistant Secretary for Grants and Planning, and in consultation with the Director for Emergency Communications, may prohibit any State, local, or tribal government from using homeland security a.s.sistance administered by the Department to achieve, maintain, or enhance emergency communications capabilities, 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 and Terrorism Prevention Act of 2004 (6 U.S.C.

194(f)); (B) such government has proposed to upgrade or purchase new equipment or systems that do not meet or exceed any applicable national 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 systems that meet or exceed such standards; and (C) as of the date that is 3 years after the date of the completion of the initial National Emergency Communications Plan under section 1802, national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated.

(2) Standards.--The Secretary, in coordination with the Federal Communications Commission, the National Inst.i.tute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, shall support the development, promulgation, and updating as necessary of national voluntary consensus standards for interoperable emergency communications.

SEC. 1805. [6 U.S.C. 575] REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

(a) In General.--There is established in each Regional Office a Regional Emergency Communications Coordination Working Group (in this section referred to as an ''RECC Working Group''). Each RECC Working Group shall report to the relevant Regional Administrator and coordinate its activities with the relevant Regional Advisory Council.

(b) Members.h.i.+p.--Each RECC Working Group shall consist of the following: (1) Non-federal.--Organizations representing the interests of the following: (A) State officials.

(B) Local government officials, including sheriffs.

(C) State police departments.

(D) Local police departments.

(E) Local fire departments.

(F) Public safety answering points (9-1-1 services).

(G) State emergency managers, homeland security directors, or representatives of State Administrative Agencies.

(H) Local emergency managers or homeland security directors.

(I) Other emergency response providers as appropriate.

(2) Federal.--Representatives from the Department, the Federal Communications Commission, and other Federal departments and agencies with responsibility for coordinating interoperable emergency communications with or providing emergency support services to State, local, and tribal governments.

(c) Coordination.--Each RECC Working Group shall coordinate its activities with the following: (1) Communications equipment manufacturers and vendors (including broadband data service providers).

(2) Local exchange carriers.

(3) Local broadcast media.

(4) Wireless carriers.

(5) Satellite communications services.

(6) Cable operators.