Part 24 (1/2)

(7) Hospitals.

(8) Public utility services.

(9) Emergency evacuation transit services.

(10) Ambulance services.

(11) HAM and amateur radio operators.

(12) Representatives from other private sector ent.i.ties and nongovernmental organizations as the Regional Administrator determines appropriate.

(d) Duties.--The duties of each RECC Working Group shall include-- (1) a.s.sessing the survivability, sustainability, and interoperability of local emergency communications systems to meet the goals of the National Emergency Communications Plan; (2) reporting annually to the relevant Regional Administrator, the Director for Emergency Communications, the Chairman of the Federal Communications Commission, and the a.s.sistant Secretary for Communications and Information of the Department of Commerce on the status of its region in building robust and sustainable interoperable voice and data emergency communications networks and, not later than 60 days after the completion of the initial National Emergency Communications Plan under section 1802, on the progress of the region in meeting the goals of such plan; (3) ensuring a process for the coordination of effective multijurisdictional, multi-agency emergency communications networks for use during natural disasters, acts of terrorism, and other man-made disasters through the expanded use of emergency management and public safety communications mutual aid agreements; and (4) coordinating the establishment of Federal, State, local, and tribal support services and networks designed to address the immediate and critical human needs in responding to natural disasters, acts of terrorism, and other man-made disasters.

SEC. 1806. [6 U.S.C. 576] EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

(a) Establishment.--There is established the Emergency Communications Preparedness Center (in this section referred to as the ''Center'').

(b) Operation.--The Secretary, the Chairman of the Federal Communications Commission, the Secretary of Defense, the Secretary of Commerce, the Attorney General of the United States, and the heads of other Federal departments and agencies or their designees shall jointly operate the Center in accordance with the Memorandum of Understanding ent.i.tled, ''Emergency Communications Preparedness Center (ECPC) Charter''.

(c) Functions.--The Center shall-- (1) serve as the focal point for interagency efforts and as a clearinghouse with respect to all relevant intergovernmental information to support and promote (including specifically by working to avoid duplication, hindrances, and counteractive efforts among the partic.i.p.ating Federal departments and agencies)-- (A) 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 (B) interoperable emergency communications; (2) prepare and submit to Congress, on an annual basis, a strategic a.s.sessment regarding the coordination efforts of Federal departments and agencies to advance-- (A) 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 (B) interoperable emergency communications; (3) consider, in preparing the strategic a.s.sessment under paragraph (2), the goals stated in the National Emergency Communications Plan under section 1802; and (4) perform such other functions as are provided in the Emergency Communications Preparedness Center (ECPC) Charter described in subsection (b)(1).

SEC. 1807. [6 U.S.C. 577] URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.

(a) In General.--The Secretary, in consultation with the Chairman of the Federal Communications Commission and the Secretary of Defense, and with appropriate State, local, and tribal government officials, shall provide technical guidance, training, and other a.s.sistance, as appropriate, to support the rapid establishment of consistent, secure, and effective interoperable emergency communications 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 natural disasters, acts of terrorism, and other man-made disasters.

(b) Minimum Capabilities.--The interoperable emergency communications capabilities established under subsection (a) shall ensure the ability of all levels of government, emergency response 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 (3) to be consistent with any applicable State or Urban Area homeland strategy or plan.

SEC. 1808. [6 U.S.C. 578] DEFINITION.

In this t.i.tle, the term ''interoperable'' has the meaning given the term ''interoperable communications'' under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)).

SEC. 1809. [6 U.S.C. 579] INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.

(a) Establishment.--The Secretary shall establish the Interoperable Emergency Communications Grant Program to make grants to States to carry out initiatives to improve local, tribal, statewide, regional, national and, where appropriate, international interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters.

(b) Policy.--The Director for Emergency Communications shall ensure that a grant awarded to a State under this section is consistent with the policies established pursuant to the responsibilities and authorities of the Office of Emergency Communications under this t.i.tle, including ensuring that activities funded by the grant-- (1) comply with the statewide plan for that State required by section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); and (2) comply with the National Emergency Communications Plan under section 1802, when completed.

(c) Administration.-- (1) In general.--The Administrator of the Federal Emergency Management Agency shall administer the Interoperable Emergency Communications Grant Program pursuant to the responsibilities and authorities of the Administrator under t.i.tle V of the Act.

(2) Guidance.--In administering the grant program, the Administrator shall ensure that the use of grants is consistent with guidance established by the Director of Emergency Communications pursuant to section 7303(a)(1)(H) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)).

(d) Use of Funds.--A State that receives a grant under this section shall use the grant to implement that State's Statewide Interoperability Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)) and approved under subsection (e), and to a.s.sist with activities determined by the Secretary to be integral to interoperable emergency communications.

(e) Approval of Plans.-- (1) Approval as condition of grant.--Before a State may receive a grant under this section, the Director of Emergency Communications shall approve the State's Statewide Interoperable Communications Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).

(2) Plan requirements.--In approving a plan under this subsection, the Director of Emergency Communications shall ensure that the plan-- (A) is designed to improve interoperability at the city, county, regional, State and interstate level; (B) considers any applicable local or regional plan; and (C) complies, to the maximum extent practicable, with the National Emergency Communications Plan under section 1802.

(3) Approval of revisions.--The Director of Emergency Communications may approve revisions to a State's plan if the Director determines that doing so is likely to further interoperability.

(f) Limitations on Uses of Funds.-- (1) In general.--The recipient of a grant under this section may not use the grant-- (A) to supplant State or local funds; (B) for any State or local government cost- sharing contribution; or (C) for recreational or social purposes.

(2) Penalties.--In addition to other remedies currently available, the Secretary may take such actions as necessary to ensure that recipients of grant funds are using the funds for the purpose for which they were intended.

(g) Limitations on Award of Grants.-- (1) National emergency communications plan required.--The Secretary may not award a grant under this section before the date on which the Secretary completes and submits to Congress the National Emergency Communications Plan required under section 1802.

(2) Voluntary consensus standards.--The Secretary may not award a grant to a State under this section for the purchase of equipment that does not meet applicable voluntary consensus standards, unless the State demonstrates that there are compelling reasons for such purchase.

(h) Award of Grants.--In approving applications and awarding grants under this section, the Secretary shall consider-- (1) the risk posed to each State by natural disasters, acts of terrorism, or other manmade disasters, including-- (A) the likely need of a jurisdiction within the State to respond to such risk in nearby jurisdictions; (B) the degree of threat, vulnerability, and consequences related to critical infrastructure (from all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security and emergency management plans, including threats to, vulnerabilities of, and consequences from damage to critical infrastructure and key resources in nearby jurisdictions; (C) the size of the population and density of the population of the State, including appropriate consideration of military, tourist, and commuter populations; (D) whether the State is on or near an international border; (E) whether the State encompa.s.ses an economically significant border crossing; and (F) whether the State has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters; and (2) the antic.i.p.ated effectiveness of the State's proposed use of grant funds to improve interoperability.

(i) Opportunity to Amend Applications.--In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.

(j) Minimum Grant Amounts.-- (1) States.--In awarding grants under this section, the Secretary shall ensure that for each fiscal year, except as provided in paragraph (2), no State receives a grant in an amount that is less than the following percentage of the total amount appropriated for grants under this section for that fiscal year: (A) For fiscal year 2008, 0.50 percent.

(B) For fiscal year 2009, 0.50 percent.

(C) For fiscal year 2010, 0.45 percent.

(D) For fiscal year 2011, 0.40 percent.

(E) For fiscal year 2012 and each subsequent fiscal year, 0.35 percent.

(2) Territories and possessions.--In awarding grants under this section, the Secretary shall ensure that for each fiscal year, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive grants in amounts that are not less than 0.08 percent of the total amount appropriated for grants under this section for that fiscal year.

(k) Certification.--Each State that receives a grant under this section shall certify that the grant is used for the purpose for which the funds were intended and in compliance with the State's approved Statewide Interoperable Communications Plan.