[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.''.
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