Emergency Communications Legislation: Implications for the 110th Congress (CRS Report for Congress)
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| Release Date |
Revised Sept. 15, 2008 |
| Report Number |
RL33747 |
| Report Type |
Report |
| Authors |
Linda K. Moore, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
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Summary:
Since September 11, 2001, several bills introduced in the U.S. Congress have included provisions to assist emergency communications. Key provisions from a number of these bills have become law.
Legislation addressing communications among first responders focused first on interoperabilityâthe capability of different systems to connectâwith provisions in the Homeland Security Act (P.L. 107-296). The Intelligence Reform and Terrorism Prevention Act (P.L. 108-458) provided more comprehensive language that included requirements for developing a national approach to achieving interoperability. Some of the legislative requirements were based on recommendations made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission). Also in response to a 9/11 Commission recommendation regarding the availability of spectrum for radio operations, Congress set a date to release needed radio frequency spectrum by early 2009, as part of the Deficit Reduction Act (P.L. 109-171). The act also provided funding for public safety and for the improvement of 911 systems through a Digital Television Transition and Public Safety Fund. In a section of the Homeland Security Appropriations Act, 2007 (P.L. 109-295, Title VI, Subtitle D), Congress revisited the needs of an effective communications capacity for first responders and other emergency personnel and expanded the provisions of P.L. 108-458. The 109th Congress also passed provisions to improve emergency alerts, incorporated in the Port Security Improvement Act (P.L. 109-347).
In the 110th Congress, the Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53) was passed in the 1st Session. Sections in the act modified and expanded provisions for emergency communications passed in P.L. 109-171 and P.L. 109-295. Among introduced bills that would fund public safety are: S. 74 (Senator Schumer), to ensure adequate funding for high-threat areas; S. 345 (Senator Biden), that would provide funding and includes a requirement for the immediate release of spectrum for public safety use, now scheduled for 2009; S. 3465 (Senator Wicker), to create a First Responders Interoperable Device Availability Trust Fund that would provide grants to purchase interoperable radios for the new public safety network proposed for some of the spectrum made available by the transition to digital TV; H.R. 3116 (Representative Stupak), creating a Public Safety Communications Trust Fund to receive, among other sources of funding, the uncommitted balance remaining in the Digital Television Transition and Public Safety Fund; and H.R. 130, a funding bill for first responders (Representative Frelinghuysen), with a provision that would require the Department of Homeland Security to conduct a study evaluating the need to assign additional spectrum for use by public safety. The bills that carry provisions regarding spectrum are referring, for the most part, to licenses at 700 MHz that were auctioned in January-March 2008; some of the licenses have been assigned to public safety. The proceeds from the auction are to be deposited in the Digital Television Transition and Public Safety Fund, from which mandated disbursements will be made by the National Telecommunications and Information Administration (NTIA). The auction grossed approximately $19.6 billion.
