[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1274 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1274

To strengthen Federal leadership, provide grants, enhance outreach and 
  guidance, and provide other support to State and local officials to 
 achieve communications interoperability, to foster improved regional 
 collaboration and coordination, to promote more efficient utilization 
of funding devoted to public safety communications, to promote research 
   and development for first responder communications, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2005

  Mr. Lieberman (for himself, Ms. Collins, Mr. Levin, and Mr. Akaka) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To strengthen Federal leadership, provide grants, enhance outreach and 
  guidance, and provide other support to State and local officials to 
 achieve communications interoperability, to foster improved regional 
 collaboration and coordination, to promote more efficient utilization 
of funding devoted to public safety communications, to promote research 
   and development for first responder communications, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improve Interoperable Communications 
for First Responders Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A major barrier to sharing information among police, 
        firefighters, and others who may be called on to respond to 
        terrorist attacks and other large-scale emergencies is the lack 
        of interoperable communications systems, which can enable 
        public safety agencies to talk to one another and share 
        important, sometimes critical, information in an emergency.
            (2) Communications interoperability has been identified by 
        the Department of Homeland Security as 1 of the most essential 
        capabilities necessary for first responders to achieve the 
        national preparedness goal the Department of Homeland Security 
        has established for the Nation.
            (3) The lack of interoperability costs lives during 
        terrorist attacks or natural disasters, but also during 
        everyday emergency operations.
            (4) Achieving interoperability is difficult because some 
        50,000 local agencies typically make independent decisions 
        about communications systems. This lack of coordination also 
        dramatically increases the cost of public safety communications 
        to Federal, State, local, and tribal governments.
            (5) Achieving the level of communications interoperability 
        that is needed will require an unprecedented level of 
        coordination and cooperation among Federal, State, local, and 
        tribal public safety agencies. Establishing multidisciplinary, 
        cross-jurisdictional governance structures to achieve the 
        necessary level of collaboration is essential to accomplishing 
        this goal.
            (6) The Intelligence Reform and Terrorism Prevention Act of 
        2004 requires the Secretary of Homeland Security, in 
        consultation with other Federal officials, to establish a 
        program to ensure public safety interoperable communications at 
        all levels of government.
            (7) However, much more remains to be done. For example, in 
        January 2005, the National Governors Association reported that 
        while achieving interoperability ranked as the top priority for 
        States, obtaining the equipment and technology to fulfill this 
        goal remains a challenge. The large majority of States report 
        that they have not yet achieved interoperability in their 
        States.
            (8) Over 70 percent of public safety communications 
        equipment is still analog, rather than digital. In fact, much 
        of the communications equipment used by emergency responders is 
        outdated and incompatible, which inhibits communication between 
        State and local governments and between neighboring local 
        jurisdictions. Additional grant funding would facilitate the 
        acquisition of new technology to enable interoperability.
            (9) Stronger and more effective national, statewide, and 
        regional leadership are required to improve interoperability. 
        The Department of Homeland Security must provide national 
        leadership by conducting nationwide outreach to each State, 
        fostering the development of regional leadership, and providing 
        substantial technical assistance to State, local, and tribal 
        public safety officials, while more effectively utilizing grant 
        programs that fund interoperable equipment and systems.
            (10) The Department of Homeland Security must implement 
        pilot programs and fund and conduct research to develop and 
        promote adoption of next-generation solutions for public safety 
        communications. The Department of Homeland Security must also 
        further develop its own internal expertise to enable it to 
        better lead national interoperability efforts and to provide 
        technically sound advice to State and local officials.
            (11) Achieving interoperability requires the sustained 
        commitment of substantial resources. A non-partisan task force 
        of the Council on Foreign Relations recommended spending at 
        least $6,800,000,000 over 5 years towards achieving 
        interoperability. The Department of Homeland Security has 
        estimated the cost of modernizing first-responder equipment for 
        the 2,500,000 public safety first responders across the country 
        at $40,000,000,000.
            (12) Communications interoperability can be accomplished at 
        a much lower cost if strong national leadership drives 
        cooperation and adoption of smart, new technology solutions.

SEC. 3. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

    (a) In General.--Section 7303(a)(2) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(2)) is amended to 
read as follows:
            ``(2) Office for interoperability and compatibility.--
                    ``(A) Establishment of office.--There is 
                established an Office for Interoperability and 
                Compatibility within the Directorate of Science and 
                Technology of the Department of Homeland Security to 
                carry out this subsection.
                    ``(B) Director.--There shall be a Director of the 
                Office for Interoperability and Compatibility, who 
                shall be appointed by the Secretary of Homeland 
                Security.
                    ``(C) Responsibilities.--The Director of the Office 
                for Interoperability and Compatibility shall--
                            ``(i) assist the Secretary of Homeland 
                        Security in developing and implementing the 
                        program described in paragraph (1);
                            ``(ii) carry out the Department of Homeland 
                        Security's responsibilities and authorities 
                        relating to the SAFECOM Program;
                            ``(iii) carry out section 510 of the 
                        Homeland Security Act of 2002; and
                            ``(iv) conduct extensive, nationwide 
                        outreach and foster the development of 
                        interoperable communications systems by State, 
                        local, and tribal governments and public safety 
                        agencies, and by regional consortia thereof, 
                        by--
                                    ``(I) developing, updating, and 
                                implementing a national strategy to 
                                achieve communications 
                                interoperability, with goals and 
                                timetables;
                                    ``(II) developing a national 
                                architecture, which defines the 
                                components of an interoperable system 
                                and how they fit together;
                                    ``(III) establishing and 
                                maintaining a task force that 
                                represents the broad customer base of 
                                State, local, and tribal public safety 
                                agencies, as well as Federal agencies, 
                                involved in public safety disciplines 
                                such as law enforcement, firefighting, 
                                public health, and disaster recovery, 
                                in order to receive input and 
                                coordinate efforts to achieve 
                                communications interoperability;
                                    ``(IV) working with the Office of 
                                Domestic Preparedness Interoperable 
                                Communication Communications Technical 
                                Assistance Program to--
                                            ``(aa) provide technical 
                                        assistance to State, local, and 
                                        tribal officials; and
                                            ``(bb) facilitate the 
                                        creation of regional task 
                                        forces in each State, with 
                                        appropriate governance 
                                        structures and representation 
                                        from State, local, and tribal 
                                        governments and public safety 
                                        agencies and from the Federal 
                                        Government, to effectively 
                                        address interoperability and 
                                        other information-sharing 
                                        needs;
                                    ``(V) promoting a greater 
                                understanding of the importance of 
                                interoperability and the benefits of 
                                sharing resources among all levels of 
                                State, local, tribal, and Federal 
                                government;
                                    ``(VI) promoting development of 
                                standard operating procedures for 
                                incident response and facilitating the 
                                sharing of information on best 
                                practices (including from governments 
                                abroad) for achieving interoperability;
                                    ``(VII) making recommendations to 
                                Congress about any changes in Federal 
                                law necessary to remove barriers to 
                                achieving communications 
                                interoperability;
                                    ``(VIII) funding and conducting 
                                pilot programs, as necessary, in order 
                                to--
                                            ``(aa) evaluate and 
                                        validate new technology 
                                        concepts in real-world 
                                        environments to achieve public 
                                        safety communications 
                                        interoperability;
                                            ``(bb) encourage more 
                                        efficient use of existing 
                                        resources, including equipment 
                                        and spectrum; and
                                            ``(cc) test and deploy 
                                        public safety communications 
                                        systems that are less prone to 
                                        failure, support new non-voice 
                                        services, consume less 
                                        spectrum, and cost less; and
                                    ``(IX) performing other functions 
                                necessary to achieve communications 
                                interoperability.
                    ``(D) Sufficiency of resources.--The Secretary of 
                Homeland Security shall provide the Office for 
                Interoperability and Compatibility with the resources 
                and staff necessary to carry out the purposes of this 
                section. The Secretary shall further ensure that there 
                is sufficient staff within the Office of 
                Interoperability and Compatibility, the Office for 
                Domestic Preparedness, and other offices of the 
                Department of Homeland Security as necessary, to 
                provide dedicated support to public safety 
                organizations consistent with the responsibilities set 
                forth in subparagraph (C)(iv).''.
    (b) Definition.--Section 7303(g)(1) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)) is amended to 
read as follows:
            ``(1) Interoperable communications and communications 
        interoperability.--The terms `interoperable communications' and 
        `communications interoperability' mean the ability of emergency 
        response providers and relevant Federal, State, and local 
        government agencies to communicate with each other as 
        necessary, utilizing information technology systems and radio 
        communications systems, and to exchange voice, data, or video 
        with one another on demand, in real time, as necessary.''.
    (c) Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.) is amended by adding at the end the following:

``SEC. 314. INTEROPERABILITY ASSESSMENT AND REPORT.

    ``(a) Baseline Assessment.--The Secretary, acting through the 
Director of the Office for Interoperability and Compatibility, shall 
conduct a nationwide assessment to determine the degree to which 
communications interoperability has been achieved to date and to 
ascertain the needs that remain for interoperability to be achieved.
    ``(b) Annual Reports.--Not later than 1 year after the date of 
enactment of this section, and annually thereafter, the Secretary, 
acting through the Director of the Office for Interoperability and 
Compatibility, shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives a report on the Department's 
progress in implementing and achieving the goals of the Improve 
Interoperable Communications for First Responders Act of 2005. The 
first report submitted under this subsection shall include a 
description of the findings of the assessment conducted under 
subsection (a).''.

SEC. 4. RESEARCH AND DEVELOPMENT.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.), as amended by section 3, is amended by adding at 
the end the following:

``SEC. 315. INTEROPERABILITY RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary shall establish a comprehensive 
research and development program to promote communications 
interoperability among first responders, including by--
            ``(1) promoting research on a competitive basis through the 
        Directorate of Science and Technology Homeland Security 
        Advanced Research Projects Agency; and
            ``(2) considering establishment of a Center of Excellence 
        under the Department of Homeland Security Centers of Excellence 
        Program, using a competitive process, focused on enhancing 
        information and communications systems for first responders.
    ``(b) Purposes.--The purposes of the program established under 
subsection (a) include--
            ``(1) understanding the strengths and weaknesses of the 
        diverse public safety communications systems currently in use;
            ``(2) examining how current and emerging technology can 
        make public safety organizations more effective, and how 
        Federal, State, and local agencies can utilize this technology 
        in a coherent and cost-effective manner;
            ``(3) exploring Federal, State, and local policies that 
        will move systematically towards long-term solutions;
            ``(4) evaluating and validating new technology concepts, 
        and promoting the deployment of advanced public safety 
        information technologies for interoperability; and
            ``(5) advancing the creation of a national strategy to 
        promote interoperability and efficient use of spectrum in 
        communications systems, improve information sharing across 
        organizations, and use advanced information technology to 
        increase the effectiveness of first responders in valuable new 
        ways.''.
    (b) Authorization of Appropriations.--In addition to the funds 
authorized to be appropriated by section 7303(a)(3) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(3)), there 
are authorized to be appropriated for the operations of the Office for 
Interoperability and Compatibility, to provide technical assistance 
through the office for Domestic Preparedness, to fund and conduct 
research under section 315 of the Homeland Security Act of 2002, and 
for other appropriate entities within the Department of Homeland 
Security to support the activities described in section 7303 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194) 
and sections 314 and 315 of the Homeland Security Act of 2002, as added 
by this Act--
            (1) $127,232,000 for fiscal year 2006;
            (2) $126,549,000 for fiscal year 2007;
            (3) $125,845,000 for fiscal year 2008;
            (4) $125,121,000 for fiscal year 2009; and
            (5) such sums as are necessary for each fiscal year 
        thereafter.

SEC. 5. DEDICATED FUNDING TO ACHIEVE INTEROPERABILITY.

    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
by adding at the end the following:

     ``TITLE XVIII--DEDICATED FUNDING TO ACHIEVE INTEROPERABILITY.

``SEC. 1801. INTEROPERABILITY GRANTS.

    ``(a) In General.--The Secretary, through the Office, shall make 
grants to States and eligible regions for initiatives necessary to 
achieve short-term or long-term solutions to statewide, regional, 
national and, where appropriate, international interoperability.
    ``(b) Use of Grant Funds.--Grants awarded under subsection (a) may 
be used for initiatives to achieve short-term or long-term solutions to 
interoperability within the State or region and to assist with any 
aspect of the communication life cycle, including--
            ``(1) statewide or regional communications planning;
            ``(2) system design and engineering;
            ``(3) procurement and installation of equipment;
            ``(4) training and exercises; and
            ``(5) other activities determined by the Secretary to be 
        integral to the achievement of communications interoperability.
    ``(c) Coordination.--The Secretary shall ensure that the Office 
coordinates its activities with Office of Interoperability and 
Compatibility, the Directorate of Science and Technology, and other 
Federal entities so that grants awarded under this section, and other 
grant programs related to homeland security, fulfill the purposes of 
this Act and facilitate the achievement of communications 
interoperability consistent with the national strategy.
    ``(d) Application.--
            ``(1) In general.--A State or eligible region desiring a 
        grant under this section shall submit an application at such 
        time, in such manner, and accompanied by such information as 
        the Secretary may reasonably require.
            ``(2) Minimum contents.--At a minimum, each application 
        submitted under paragraph (1) shall--
                    ``(A) identify the critical aspects of the 
                communications life cycle, including planning, system 
                design and engineering, procurement and installation, 
                and training for which funding is requested;
                    ``(B) describe how--
                            ``(i) the proposed use of funds would be 
                        consistent with and address the goals in any 
                        applicable State homeland security plan, and, 
                        unless the Secretary determines otherwise, are 
                        consistent with the national strategy and 
                        architecture; and
                            ``(ii) the applicant intends to spend funds 
                        under the grant, to administer such funds, and 
                        to allocate such funds among any participating 
                        local governments; and
                    ``(C) be consistent with the Interoperable 
                Communications Plan required by section 7303(f) of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 194(f)).
    ``(e) State Review and Submission.--
            ``(1) In general.--To ensure consistency with State 
        homeland security plans, an eligible region applying for a 
        grant under this section shall submit its application to each 
        State within which any part of the eligible region is located 
        for review before submission of such application to the 
        Secretary.
            ``(2) Deadline.--Not later than 30 days after receiving an 
        application from an eligible region under paragraph (1), each 
        such State shall transmit the application to the Secretary.
            ``(3) State disagreement.--If the Governor of any such 
        State determines that a regional application is inconsistent 
        with the State homeland security plan of that State, or 
        otherwise does not support the application, the Governor 
        shall--
                    ``(A) notify the Secretary in writing of that fact; 
                and
                    ``(B) provide an explanation of the reasons for not 
                supporting the application at the time of transmission 
                of the application.
    ``(f) Award of Grants.--
            ``(1) Considerations.--In approving applications and 
        awarding grants under this section, the Secretary shall 
        consider--
                    ``(A) the nature of the threat to the State or 
                eligible region;
                    ``(B) the location, risk, or vulnerability of 
                critical infrastructure and key national assets, 
                including the consequences from an attack on critical 
                infrastructure in nearby jurisdictions;
                    ``(C) the size of the population, as well as the 
                population density of the area, that will be served by 
                the interoperable communications systems, except that 
                the Secretary shall not establish a minimum population 
                requirement that would disqualify from consideration an 
                area that otherwise faces significant threats, 
                vulnerabilities, or consequences;
                    ``(D) the extent to which grants will be utilized 
                to implement interoperability solutions--
                            ``(i) consistent with the national strategy 
                        and compatible with the national architecture; 
                        and
                            ``(ii) more efficient and cost effective 
                        than current approaches;
                    ``(E) the number of jurisdictions within regions 
                participating in the development of interoperable 
                communications systems, including the extent to which 
                the application includes all incorporated 
                municipalities, counties, parishes, and tribal 
                governments within the State or eligible region, and 
                their coordination with Federal and State agencies;
                    ``(F) the extent to which a grant would expedite 
                the achievement of interoperability in the State or 
                eligible region with Federal, State, and local 
                agencies;
                    ``(G) the extent to which a State or eligible 
                region, given its financial capability, demonstrates 
                its commitment to expeditiously achieving 
                communications interoperability by supplementing 
                Federal funds with non-Federal funds;
                    ``(H) whether the State or eligible region is on or 
                near an international border;
                    ``(I) the extent to which geographic barriers pose 
                unusual obstacles to achieving communications 
                interoperability; and
                    ``(J) the threats, vulnerabilities, and 
                consequences faced by the State or eligible region 
                related to at-risk site or activities in nearby 
                jurisdictions, including the need to respond to 
                terrorist attacks arising in those jurisdictions.
            ``(2) Review panel.--
                    ``(A) In general.--The Secretary shall establish a 
                review panel under section 871(a) to assist in 
                reviewing grant applications under this section.
                    ``(B) Recommendations.--The review panel 
                established under subparagraph (A) shall make 
                recommendations to the Secretary regarding applications 
                for grants under this section.
                    ``(C) Membership.--The review panel established 
                under subparagraph (A) shall include individuals with 
                technical expertise in communications interoperability 
                as well as emergency response providers and other 
                relevant State and local officials.
            ``(3) Availability of funds.--Any grant funds awarded that 
        may be used to support interoperability shall, as the Secretary 
        may determine, remain available for up to 3 years, consistent 
        with section 7303(e) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(e)).
            ``(4) Allocation.--
                    ``(A) In general.--In awarding grants under this 
                subsection, the Secretary shall ensure that each State 
                receives, for each fiscal year, the greater of--
                            ``(i) 0.55 percent of the amounts 
                        appropriated for grants under this section; or
                            ``(ii) the eligible State's sliding scale 
                        baseline allocation of 28.62 percent of the 
                        amounts appropriated for grants under this 
                        section.
                    ``(B) Other entities.--Notwithstanding subparagraph 
                (A), the Secretary shall ensure that for each fiscal 
                year--
                            ``(i) the District of Columbia receives 
                        0.55 percent of the amounts appropriated for 
                        grants under this section;
                            ``(ii) the Commonwealth of Puerto Rico 
                        receives 0.35 percent of the amounts 
                        appropriated for grants under this section;
                            ``(iii) American Samoa, the Commonwealth of 
                        the Northern Mariana islands, Guam, and the 
                        Virgin Islands each receive 0.055 percent of 
                        the amounts appropriated for grants under this 
                        section; and
                    ``(C) Possessions.--Except as provided in 
                subparagraph (B), no possession of the United States 
                shall receive a baseline distribution under 
                subparagraph (A).
    ``(g) Definitions.--As used in this section, the following 
definitions apply:
            ``(1) Eligible region.--The term `eligible region' means--
                    ``(A) 2 or more contiguous incorporated 
                municipalities, counties, parishes, Indian tribes or 
                other general purpose jurisdictions that--
                            ``(i) have joined together to enhance 
                        communications interoperability between first 
                        responders in those jurisdictions and with 
                        State and Federal officials; and
                            ``(ii) includes the largest city in any 
                        metropolitan statistical area, as defined by 
                        the Office of Management and Budget; or
                    ``(B) any other area the Secretary determines to be 
                consistent with the definition of a region in the 
                national preparedness guidance issued under Homeland 
                Security Presidential Directive 8.
            ``(2) Interoperable communications and communications 
        interoperability.--The terms `interoperable communications' and 
        `communications interoperability' mean the ability of emergency 
        response providers and relevant Federal, State, and local 
        government agencies to communicate with each other as 
        necessary, utilizing information technology systems and radio 
        communications systems, and to exchange voice, data, or video 
        with one another on demand, in real time, as necessary.
            ``(3) Office.--The term `office' refers to the Office of 
        Domestic Preparedness of the Office of State and Local 
        Government Preparedness and Coordination within the Department 
        of Homeland Security.
            ``(4) Sliding scale baseline allocation.--The term `sliding 
        scale baseline allocation' means 0.0001 multiplied by the sum 
        of--
                    ``(A) the value of a State's population relative to 
                that of the most populous of the 50 States of the 
                United States, where the population of such States has 
                been normalized to a maximum value of 100; and
                    ``(B) \1/4\ of the value of a State's population 
                density relative to that of the most densely populated 
                of the 50 States of the United States, where the 
                population density of such States has been normalized 
                to a maximum value of 100
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the purposes of this section--
            ``(1) $400,000,000 for fiscal year 2006;
            ``(2) $500,000,000 for fiscal year 2007;
            ``(3) $600,000,000 for fiscal year 2008;
            ``(4) $800,000,000 for fiscal year 2009;
            ``(5) $1,000,000,000 for fiscal year 2010; and
            ``(6) such sums as are necessary each fiscal year 
        thereafter.''.

SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

    The table of contents in section 1(b) of the Homeland Security Act 
of 2002 (6 U.S.C. 101) is amended by--
            (1) inserting after the item relating to section 313 the 
        following:

        ``Sec. 314. Interoperability assessment and report.
        ``Sec. 315. Interoperability research and development.'';
            (2) adding at the end the following:

     ``TITLE XVIII--DEDICATED FUNDING TO ACHIEVE INTEROPERABILITY.

        ``Sec. 1801. Interoperability grants.''.
                                 <all>