[Congressional Record Volume 150, Number 102 (Wednesday, July 21, 2004)]
[Senate]
[Pages S8550-S8555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mrs. 
        Clinton):
  S. 2701. A bill to provide incentives for the sharing of homeland 
security information, promote the development of an information sharing 
network, provide grants and other support to achieve communications 
interoperability, and establish an Office of Information Sharing, and 
for other purposes; to the Committee on Governmental Affairs.
  Mr. LIEBERMAN. Madam President, I rise today with Senator Collins to 
introduce legislation that would promote the sharing of homeland 
security information across all levels of our Government, and to 
provide funding and support necessary to enable our first responders to 
communicate better with one another than they are able to do now during 
a terrorist attack.
  I am delighted that the chairman of the Governmental Affairs 
Committee, Senator Collins, is my lead cosponsor on this legislation, 
and that another member of the committee, Senator Akaka, is a 
cosponsor, as is Senator Clinton.
  One of the most painful and enduring lessons we should have learned 
from the September 11 attacks is that information about terrorist 
activities must be shared among Federal and other agencies to protect 
the American people's security. Unfortunately, almost 3 years after the 
attacks we have still not seen the kind of improvement and information 
sharing at all levels we need to have.
  The widely respected, nonpartisan Markle Foundation, in alliance with 
the Brookings Institution and the Center for Strategic and 
International Studies, has looked at this problem at length and 
concluded that an entirely new approach is needed to the sharing of 
security information.
  According to the Markle Foundation, the cold war paradigm that 
strictly limited access to information is simply ill-suited to the 
challenges we face today in an age of terrorism. Sharing information 
among relevant law enforcement agencies and other public agencies is 
vital to protecting our people's security precisely because we cannot 
predict from which direction the first signs of potential attack will 
come as we pretty much could during

[[Page S8551]]

the cold war. Yet the Federal Government has still developed neither a 
comprehensive strategy nor actual policies to change the 50-year-old 
cold war paradigm. We have to catch up quickly to win the war on 
terrorism.
  Equally troubling is that too many first responders still lack, 
believe it or not, the basic ability to talk to one another when 
responding to emergencies, including, of course, a terrorist attack, 
because their equipment does not communicate directly. We use a 
complicated term called ``interoperability'' to describe this 
situation.
  One of the most painful parts of the September 11 attacks in New York 
was the loss of more than 300 New York City firefighters and other law 
enforcement personnel who perished inside the collapsing Twin Towers of 
the World Trade Center. The look-backs at that day, probably including 
the one we will hear tomorrow from the September 11 Commission, lead a 
lot of people to conclude that we lost a lot of New York's finest--
firefighters, police officers, other public servants--because they 
could not communicate with one another on the equipment they had. That 
is no longer acceptable.
  The legislation we are introducing today addresses those challenges. 
First, we authorize $3.3 billion over 5 years to provide reliable and 
consistent funding to help law enforcement agencies around the country 
find solutions to this so-called interoperability problem. We create an 
Office of Information Sharing within the Department of Homeland 
Security to develop and implement a national strategy to achieve that 
goal. It simply is outrageous that those who are in uniform every day 
to protect our security cannot communicate with one another in a time 
of emergency because we have not given them good enough equipment to do 
that.
  Second, our legislation would require the Secretary of Homeland 
Security, in conjunction with the intelligence community and other 
Federal agencies, to establish a broad information exchange network 
modeled after the Markle Foundation recommendations which would break 
out of the cold war paradigm and allow full sharing of security 
information.
  Third, our legislation requires implementation of performance 
measures and genuine incentives to encourage employees to implement the 
changes that are necessary.
  As part of the continuing fight to keep America safe from terrorism, 
the test of our generation, all the cultural, technological, and 
administrative barriers that impede the flow of critically important 
homeland security information among different levels of Government and 
among agencies at the same level simply must be broken down. That 
requires an act of will and leadership, and then it requires funding. 
It is not going to come cheaply, but security of the American people 
never does come cheaply. We have the best military in the history of 
the world because we have invested in it. We are only going to have the 
best security at home from terrorism if we invest with similar 
generosity.
  A nonpartisan task force of the Council on Foreign Relations 
recommended that the Nation spend double what Senator Collins and I are 
proposing in this bill to ensure dependable interoperable 
communications. What we are asking seems like a lot of money, but it is 
half of what an independent group thinks is necessary to protect our 
Nation. This legislation will help us develop a new structure, a new 
paradigm of information sharing to guarantee that first responders and 
preventers can communicate effectively with one another and with other 
governmental agencies when they respond to terrorist attacks or any 
other emergencies that threaten the safety or well-being of people 
throughout our country.
  Madam President, I ask unanimous consent that text of the legislation 
Senator Collins and I are introducing today be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2701

       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 ``Homeland Security 
     Interagency and Interjurisdictional Information Sharing Act 
     of 2004''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The effective use of information is essential to the 
     Nation's efforts to protect the homeland. Information that 
     may prove important to those efforts, however, is often 
     widely dispersed and may be uncovered or held by any of a 
     number of Federal agencies, by 50 States or by the Nation's 
     650,000 local law enforcement officers who form the front 
     lines of the war against terrorism, among others. Finding 
     ways to share this information in an efficient and timely 
     manner with those who need it is central to both preventing 
     and responding to potential terrorist attacks on our Nation.
       (2) Current approaches to information sharing are woefully 
     inadequate and largely ad hoc. State and local officials 
     frequently report that they do not receive adequate homeland 
     security information from Federal officials, nor is there a 
     consistent, easy way for State and local officials to 
     effectively provide homeland security information in their 
     possession to Federal officials. Federal agencies have often 
     not shared information even with other Federal agencies, and 
     State and local governments have few formalized means to 
     share information with other States and localities.
       (3) There are a number of barriers, both structural and 
     cultural, to the more effective sharing of homeland security 
     information including--
       (A) a lingering cold war paradigm that emphasizes 
     information security and maintaining strict limits on access 
     to information;
       (B) mistrust among historically rival agencies and between 
     Federal and State officials; and
       (C) few incentives to reward Government employees who share 
     information outside their agencies.
       (4) A further barrier to information sharing 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 communicate and share 
     important, sometimes critical, information in an emergency.
       (5) A new approach to the sharing of homeland security 
     information (a new ``information architecture'') is urgently 
     needed to overcome these barriers and to meet the homeland 
     security needs of the Nation. One useful model for such a 
     network is the Systemwide Homeland Analysis and Resource 
     Exchange Network (SHARE) proposed by the Markle Foundation in 
     reports issued in October 2002 and December 2003. Like the 
     envisioned SHARE Network, a new approach, to be successful, 
     must be comprehensive, encompassing the many participants, at 
     many levels of government, who strive to protect the 
     homeland, and the system should be largely decentralized, 
     permitting participants throughout the system to exchange 
     information directly in a timely and effective matter without 
     having to go through a central hub.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Homeland security information.--The term ``homeland 
     security information'' means information relevant to, or of 
     potential use in, the prevention of, preparation for, or 
     response to, terrorist attacks upon the United States.
       (4) Network.--The term ``Network'' means the Homeland 
     Security Information Sharing Network established under 
     section 4.

     SEC. 4. HOMELAND SECURITY INFORMATION SHARING NETWORK.

       (a) In General.--
       (1) Establishment.--The Secretary shall establish a 
     Homeland Security Information Sharing Network.
       (2) Functions.--The Network shall--
       (A) to the maximum extent possible, consistent with 
     national security requirements and the protection of civil 
     liberties, foster the sharing of homeland security 
     information--
       (i) among offices and divisions within the Department;
       (ii) between the Department and other Federal agencies;
       (iii) between the Department and State, local, and tribal 
     governments;
       (iv) among State, local, and tribal governments; and
       (B) provide for the analysis of homeland security 
     information obtained or made available through the Network.
       (b) Cooperative Developments.--In developing the Network, 
     the Secretary shall work with representatives of other 
     governmental entities that possess homeland security 
     information or will otherwise participate in the network, 
     including the Intelligence Community, the Department of 
     Justice and Federal Bureau of Investigation, and the 
     Department of Health and Human Services, and State, local 
     government and tribal officials.
       (c) Reports.--
       (1) In general.--The Secretary shall submit status reports 
     on the development and implementation of the Network to--
       (A) the Committee on Governmental Affairs of the Senate;
       (B) the Select Committee on Homeland Security of the House 
     of Representatives; and
       (C) the Committee on Government Reform of the House of 
     Representatives.

[[Page S8552]]

       (2) Contents.--The status reports shall include--
       (A) a detailed description of the work completed to date 
     with attached relevant documents produced in the development 
     of the Network, including documents describing the strategy 
     for the Network and the Network's design or architecture; and
       (B) a detailed timetable and implementation plan for 
     remaining work.
       (3) Submission.--Status reports under this subsection shall 
     be submitted--
       (A) not later than 6 months after the date of enactment of 
     this Act;
       (B) not later than 12 months after the date of enactment of 
     this Act; and
       (C) at 1-year intervals thereafter.

     SEC. 5. HOMELAND SECURITY INFORMATION COORDINATING COUNCIL.

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

   ``TITLE XVIII--HOMELAND SECURITY INFORMATION COORDINATING COUNCIL

     ``SEC. 1801. HOMELAND SECURITY INFORMATION COORDINATING 
                   COUNCIL.

       ``(a) Definition.--In this section, the term `homeland 
     security information' means information relevant to, or of 
     potential use in, the prevention of, preparation for, or 
     response to, terrorist attacks upon the United States.
       ``(b) Establishment.--
       ``(1) In general.--The Secretary, in coordination with the 
     Attorney General, the Director of Central Intelligence, the 
     Secretary of Health and Human Services, and other Federal 
     departments and agencies in possession of homeland security 
     information, as identified by the President, shall establish 
     the Homeland Security Information Coordinating Council (in 
     this section referred to as the `Coordinating Council').
       ``(2) Composition.--The Coordinating Council shall be 
     composed of--
       ``(A) a representative of the Department;
       ``(B) a representative of the Department of Justice;
       ``(C) a representative of the Central Intelligence Agency;
       ``(D) a representative of the Department of Health and 
     Human Services;
       ``(E) a representative of any other Federal department or 
     agency in possession of homeland security information, as 
     identified by the President; and
       ``(F) not fewer than 2 representatives of State and local 
     governments, to be selected by the Secretary.
       ``(3) Responsibilities.--The Coordinating Council shall--
       ``(A) develop, monitor, and update procedures and protocols 
     for sharing homeland security information among Federal 
     departments and agencies;
       ``(B) develop, monitor, and update procedures and protocols 
     for sharing homeland security information with State and 
     local governments so as to minimize the difficulties of State 
     and local governments in receiving information that may 
     reside in multiple departments or agencies;
       ``(C) establish a dispute resolution process to resolve 
     disagreements among departments and agencies about whether 
     particular homeland security information should be shared and 
     in what manner;
       ``(D) review, on an ongoing basis, current issues related 
     to homeland security information sharing among Federal 
     departments and agencies and between those departments and 
     agencies and State and local governments;
       ``(E) where appropriate, promote the compatibility and 
     accessibility of technology, including computer hardware and 
     software, used by Federal departments and agencies to 
     facilitate the sharing of homeland security information; and
       ``(F) ensure that there is coordination--
       ``(i) among Federal departments and agencies that maintain 
     homeland security information;
       ``(ii) multi-organization entities that maintain homeland 
     security information, including the Terrorist Threat 
     Integration Center and Joint Terrorism Task Forces; and
       ``(iii) the Homeland Security Information Network, in 
     actions and policies relating to the sharing of homeland 
     security information.
       ``(c) Administration.--The Department shall provide 
     administrative support to the Coordinating Council, which 
     shall include--
       ``(1) scheduling meetings;
       ``(2) preparing agenda;
       ``(3) maintaining minutes and records; and
       ``(4) producing reports.
       ``(d) Chairperson.--The Secretary shall designate a 
     chairperson of the Coordinating Council.
       ``(e) Meetings.--The Coordinating Council shall meet--
       ``(1) at the call of the Secretary; or
       ``(2) not less frequently than once a month.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 note) is amended by adding at the end the 
     following:

    TITLE XVIII--HOMELAND SECURITY INFORMATION COORDINATING COUNCIL

``Sec. 1801. Homeland Security Information Coordinating Council.''.

     SEC. 6. INCENTIVES TO PROMOTE SHARING OF HOMELAND SECURITY 
                   INFORMATION.

       (a) Agency Performance Measures.--
       (1) Performance plan.--Consistent with the requirements of 
     section 1115 of title 5, United States Code, the Secretary 
     shall prepare an annual performance plan that establishes 
     measurable goals and objectives for information sharing 
     between the Department and other appropriate entities in 
     Federal, State, local, and tribal governments. The plans 
     shall identify action steps necessary to achieve such goals.
       (2) Performance report.--Consistent with the requirements 
     of section 1116 of title 5, United States Code, the Secretary 
     shall prepare and submit to Congress an annual report 
     including an evaluation of the extent the Department's 
     information sharing goals and objectives were met. The report 
     shall include the results achieved during the year relative 
     to the goals established in the previous year's performance 
     plan.
       (3) Performance management.--The Secretary shall 
     incorporate the performance measures in the performance plan 
     required under paragraph (1) into the Department's 
     performance appraisal system. These performance measures 
     shall be used in evaluating the performance of appropriate 
     managers and employees. If appropriate, determinations for 
     performance awards, bonuses, achievement awards, and other 
     incentives for Departmental managers and employees shall 
     include consideration of these performance measures.
       (b) Incentives Programs.--
       (1) In general.--Chapter 45 of title 5, United States Code, 
     is amended by adding at the end the following:

   ``SUBCHAPTER IV--AWARDS TO PROMOTE HOMELAND SECURITY INFORMATION 
                                SHARING

     ``Sec. 4521. Awards to promote homeland security information 
       sharing

       ``(a) In this section--
       ``(1) the terms `agency' and `employee' have the meanings 
     given under paragraphs (1) and (2) of section 4501, 
     respectively; and
       ``(2) the term `homeland security information' means 
     information relevant to, or of potential use in, the 
     prevention of, preparation for, or response to, terrorist 
     attacks upon the United States.
       ``(b)(1) The head of an agency may pay a cash award to, 
     grant time-off without charge to leave or loss of pay, or 
     incur necessary expense for the honorary recognition of, an 
     employee who--
       ``(A) develops and implements innovative policies, 
     practices, procedures, or technologies to foster appropriate 
     sharing of homeland security information with other agencies 
     and with State, local, and tribal governments; and
       ``(B) through such innovations, achieves measurable 
     results.
       ``(2) A cash award under this section may not exceed the 
     greater of--
       ``(A) $10,000; or
       ``(B) 20 percent of the basic pay of the employee.
       ``(3) A cash award may not be paid under this section to an 
     individual who is appointed to, or who holds--
       ``(A) a position to which an individual is appointed by the 
     President, by and with the advice and consent of the Senate;
       ``(B) a position in the Senior Executive Service as a 
     noncareer appointee (as such term is defined under section 
     3132(a); or
       ``(C) a position which has been excepted from the 
     competitive service by reason of its confidential, policy-
     determining, policy-making, or policy-advocating character.
       ``(4) Consistent with paragraphs (1), (2), and (3), the 
     Secretary of Homeland Security shall establish an awards 
     program specifically designed to recognize and reward 
     employees (including managers) of the Department of Homeland 
     Security. An employee of the Department of Homeland Security 
     may not receive an award under paragraph (1).
       ``(5) Not later than 1 year after the date of enactment of 
     this section, and annually for 5 years thereafter, the 
     Secretary of Homeland Security shall submit to the Committee 
     on Governmental Affairs of the Senate, the Select Committee 
     on Homeland Security of the House of Representatives, and the 
     Committee on Government Reform of the House of 
     Representatives a report detailing the implementation of 
     programs under this section, including--
       ``(A) the number of managers and employees recognized;
       ``(B) the type of recognition given;
       ``(C) the number and dollar amount of awards paid to 
     individuals holding positions within each pay grade, pay 
     level or other pay classification;
       ``(D) the relationship between awards under this program 
     and other incentive or awards programs; and
       ``(E) the extent to which the program is assisting in 
     overcoming cultural and other barriers to sharing homeland 
     security information.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 45 of title 5, United States Code, is 
     amended by adding at the end the following:

   ``SUBCHAPTER IV--AWARDS TO PROMOTE HOMELAND SECURITY INFORMATION 
                                SHARING

``4521. Awards to promote homeland security information sharing.''.

     SEC. 7. OFFICE OF INFORMATION SHARING.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by adding after section 801 
     the following:

     ``SEC. 802. OFFICE OF INFORMATION SHARING.

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Communications interoperability.--The term 
     `communications interoperability'

[[Page S8553]]

     means the ability of public safety service and support 
     providers, including law enforcement, firefighters, and 
     emergency management, to communicate with other responding 
     agencies and Federal agencies if necessary, through 
     information technology systems and radio communications 
     systems, and to exchange voice, data, or video with one 
     another on demand, in real time, as necessary.
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Information Sharing.
       ``(3) Eligible state.--The term `eligible State' means a 
     State that--
       ``(A) has submitted a plan under subsection (d)(3); and
       ``(B) the Secretary determines has not achieved adequate 
     statewide communications interoperability.
       ``(4) Office.--The term `Office' means the Office of 
     Information Sharing established under subsection (b).
       ``(5) Public safety agencies.--The term `public safety 
     agencies' means law enforcement, firefighters, emergency 
     technicians, public health officials, and such other persons 
     that the Secretary determines must communicate effectively 
     with one another to respond to emergencies.
       ``(b) Establishment.--
       ``(1) In general.--There is established the Office of 
     Information Sharing within the Office for State and Local 
     Government Coordination and Preparedness, which shall be 
     headed by a Director of Information Sharing appointed by the 
     Secretary.
       ``(2) Administration.--The Secretary shall provide the 
     Office with the resources and staff necessary to carry out 
     the purposes of this section, including sufficient staff to 
     provide support to each State, consistent with the 
     responsibilities set forth in paragraph (3).
       ``(3) Responsibilities.--The Office established under 
     paragraph (1) shall--
       ``(A) foster the sharing of homeland security information 
     among State and local governments and public safety agencies, 
     and regional consortia thereof, and between these entities 
     and the Federal Government by--
       ``(i) facilitating the creation of regional task forces 
     with representation from State and local governments and 
     public safety agencies and from the Federal Government to 
     address information sharing needs; and
       ``(ii) facilitating the establishment of 24-hour operations 
     centers in each State to provide a hub for Federal and State 
     and local government intelligence and public safety agencies 
     to share information;
       ``(B) foster the development of interoperable 
     communications systems by State and local governments and 
     public safety agencies, and by regional consortia thereof, 
     by--
       ``(i) developing and implementing a national strategy to 
     achieve communications interoperability;
       ``(ii) developing and maintaining a task force that 
     represents the broad customer base of State and local 
     governments, 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;
       ``(iii) promoting a greater understanding of the importance 
     of interoperability among all levels of Federal, State and 
     local government;
       ``(iv) facilitating collaborative planning and partnerships 
     among Federal, State, and local government agencies in all 
     States where necessary;
       ``(v) facilitating the sharing of information on best 
     practices for achieving interoperability;
       ``(vi) identifying and working to overcome the cultural, 
     political, institutional, and geographic barriers within the 
     public safety community that can impede interoperability 
     among public safety agencies, including among Federal 
     agencies;
       ``(vii) developing appropriate performance measures and 
     systematically measuring the Nation's progress toward 
     interoperability;
       ``(viii) coordinating with other offices in the Department 
     and other Federal agencies providing grants for 
     communications interoperability or for other equipment and 
     training necessary to prevent, respond to, or recover from 
     terrorist attacks, including the development of common 
     guidance for such grants and consistent technical advice; and
       ``(ix) making recommendations to Congress about any changes 
     in Federal law necessary to remove barriers to achieving 
     communications interoperability;
       ``(C) provide technical assistance to State and local 
     governments and public safety agencies, and regional 
     consortia thereof, on the design of regional information 
     sharing networks and technology needed to support such 
     governments, agencies, and consortia;
       ``(D) provide technical assistance to State and local 
     governments and public safety agencies, and regional 
     consortia thereof, on planning, interoperability 
     architectures, acquisition strategies, and other functions 
     necessary to achieve communications interoperability;
       ``(E) in conjunction with the Directorate for Science and 
     Technology--
       ``(i) provide research, development, testing, and 
     evaluation for public safety communications technologies and 
     equipment;
       ``(ii) evaluate and validate new technology concepts, and 
     promote the deployment of advanced broadband communications 
     technologies; and
       ``(iii) encourage the development of flexible and open 
     architectures and standards, with appropriate levels of 
     security, for short- and long-term solutions to 
     interoperability; and
       ``(F) in coordination with State and local governments, 
     develop a system for collecting and distributing best 
     practices in homeland security.
       ``(c) Baseline Assessment.--
       ``(1) In general.--The Secretary, acting through the 
     Director, 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.
       ``(2) Reports.--The Secretary, acting through the Director, 
     shall submit to the Committee on Governmental Affairs of the 
     Senate, the Select Committee on Homeland Security of the 
     House of Representatives, and the Committee on Government 
     Reform of the House of Representatives--
       ``(A) not later than 1 year after the date of enactment of 
     this section, a report of the findings of the assessment 
     required by subsection (c); and
       ``(B) not later than 18 months after the date of enactment 
     of this section, a plan for achieving all necessary 
     communications interoperability throughout the Nation.
       ``(d) Preparedness Grant Program.--
       ``(1) In general.--The Secretary, through the Office, shall 
     make grants to--
       ``(A) eligible States for initiatives necessary to achieve 
     interoperability within each State, including--
       ``(i) statewide communications planning;
       ``(ii) system design and engineering;
       ``(iii) procurement and installation of equipment;
       ``(iv) operations and maintenance of equipment; and
       ``(v) testing and technology development initiatives; and
       ``(B) local governments (including a consortium of local 
     governments), and public safety agencies within eligible 
     States, to assist with any aspect of the communications life-
     cycle, including--
       ``(i) planning, system design, and engineering;
       ``(ii) procurement and installation of equipment;
       ``(iii) operations and maintenance of equipment; and
       ``(iv) testing and technology development.
       ``(2) Coordination.--The Secretary shall ensure that the 
     Office coordinates its activities with other entities of the 
     Department and other Federal entities so that grants awarded 
     under this subsection, and other grant programs related to 
     homeland security, fulfill the purposes of this Act and 
     facilitate the achievement of communications interoperability 
     nationally.
       ``(3) Eligibility.--
       ``(A) Submission of plan.--To be eligible to receive a 
     grant under this subsection, each eligible State, or local 
     governments or public safety agencies within an eligible 
     State, shall submit a communications interoperability plan to 
     the Secretary that--
       ``(i) addresses any aspect of the communications life 
     cycle, including planning, system design and engineering, 
     procurement and installation, operations and maintenance, and 
     testing and technology development;
       ``(ii) if the applicant is not a State, includes a 
     description of how the applicant addresses the goals 
     specified in any applicable State plan or plans submitted 
     under this section; and
       ``(iii) is approved by the Secretary.
       ``(B) Incorporation and consistency.--A plan submitted 
     under subparagraph (A) may be part of, and shall be 
     consistent with, any other homeland security plans required 
     of the submitting party by the Department.
       ``(4) Award of grants.--
       ``(A) Considerations.--In approving plans and awarding 
     grants under this subsection, the Secretary shall consider--
       ``(i) the nature of the threat to the eligible State or 
     local jurisdiction;
       ``(ii) the location, risk, or vulnerability of critical 
     infrastructure and key national assets;
       ``(iii) the number, as well as the density, of persons who 
     will be served by interoperable communications systems;
       ``(iv) the extent of the partnerships, existing or planned, 
     established between local jurisdictions and agencies 
     participating in the development of interoperable 
     communications systems, and their coordination with Federal 
     and State agencies;
       ``(v) the extent to which the communications 
     interoperability plan submitted under paragraph (3) 
     adequately addresses steps necessary to implement short-term 
     or long-term solutions to communications interoperability;
       ``(vi) the extent to which eligible States and local 
     governments, in light of their financial capability, 
     demonstrate their commitment to expeditiously achieving 
     communications interoperability by supplementing Federal 
     funds with non-Federal funds;
       ``(vii) the extent to which grants will expedite the 
     achievement of interoperability in the relevant jurisdiction 
     with Federal, State, and local agencies; and
       ``(viii) the extent to which grants will be utilized to 
     implement advanced communications technologies to promote 
     interoperability.
       ``(B) Coordination.--To the maximum extent practicable, the 
     Secretary shall ensure that any grant made under this 
     subsection is

[[Page S8554]]

     coordinated with neighboring jurisdictions, contiguous local 
     governments, and within State and regional entities.
       ``(C) Local funding.--If the Secretary makes grants awards 
     to States, the Secretary shall--
       ``(i) make it a priority to ensure that funding or 
     resources reach local governments; and
       ``(ii) require applicants to demonstrate how such funding 
     will reach local governments.
       ``(D) Allocation.--In awarding grants under this 
     subsection, the Secretary shall ensure that--
       ``(i) not less than .75 percent of the total amount 
     appropriated for grants in any fiscal year shall be awarded, 
     subject to clause (ii), to each eligible State, including the 
     District of Columbia and the Commonwealth of Puerto Rico; and
       ``(ii) not less than .25 percent of the total amount 
     appropriated for grants in any fiscal year shall be awarded 
     to the territories of the United States, including American 
     Samoa, the Commonwealth of Northern Mariana Islands, Guam, 
     and the United States Virgin Islands.
       ``(E) Process.--In awarding grants under this subsection, 
     the Secretary shall, to the maximum extent practical, employ 
     a peer review process such as that used to review 
     applications awarded under the Assistance to Firefighters 
     Grant Program.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $75,000,000 for each of fiscal years 2005 through 2008, and 
     such sums as are necessary each fiscal year thereafter, for 
     the operations of the Office, and for other entities within 
     the Department whose activities facilitate the purposes of 
     this section and the Homeland Security Interoperability Act 
     of 2004.
       ``(2) Preparedness grant program.--There are authorized to 
     be appropriated to carry out the grant program under 
     subsection (d)--
       ``(A) $400,000,000 for fiscal year 2005;
       ``(B) $500,000,000 for fiscal year 2006;
       ``(C) $600,000,000 for fiscal year 2007;
       ``(D) $800,000,000 for fiscal year 2008;
       ``(E) $1,000,000,000 for fiscal year 2009; and
       ``(F) such sums as are necessary each fiscal year 
     thereafter.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101) is amended by striking the item relating to 
     section 801 and inserting the following:

``801. Office for State and Local Government Coordination and 
              Preparedness.
``802. Office of Information Sharing.''.

  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Madam President, I am very pleased to join my good 
friend, the Senator from Connecticut, Mr. Lieberman, in introducing 
legislation that will strengthen our capabilities to prevent and 
respond to acts of terrorism. The bill we are introducing will improve 
communications among the various levels of Government and will assist 
our State and local first responders in upgrading their communications 
equipment. I thank Senator Lieberman and his staff for their efforts in 
putting together this very important legislation and for working with 
me to make this bill a bipartisan effort.
  In the immediate aftermath of September 11, the phrase ``connect the 
dots'' gained a prominent place in our national lexicon. The agencies 
charged with intelligence gathering, analysis, and enforcement did not 
have structures in place that would have enabled them to effectively 
share information and coordinate responses. The dots were there, but 
our intelligence and law enforcement personnel were, in far too many 
cases, unable to connect them.
  The heroism of our first responders on September 11 will never be 
forgotten. Their devotion to duty, their courage, and their training 
saved a great many lives that terrible day. Yet we now know that the 
lack of a unified command structure, the uneven and in some cases 
outright absence of interdepartmental coordination and incompatible 
communications equipment may have prevented them from saving even more 
lives, and it cost many first responders their own lives.
  Throughout the Nation on that day, there was another problem. False 
reports of car bombings and other terrorist acts spread quickly, 
overwhelming the immediate efforts and response, preventing a full 
comprehension of what had actually occurred, and causing needless fear. 
Our frontline civilian and military agencies struggled to improvise a 
defense against an attack of unknown nature and scope. As the Chairman 
of the Joint Chiefs of Staff told the 9/11 Commission:

       We fought many phantoms that day.

  The enemy we are fighting is no phantom. It is real, and it is 
deadly. From the agencies of the Federal Government down to the State 
and local levels, we have dedicated personnel who can defeat that 
enemy. We must enable them to work together more effectively in this 
great cause. We cannot expect them to connect the dots if so many dots 
are hidden from view.
  Although the Department of Homeland Security has made remarkable 
progress in forging cohesive strategies, State and local officials 
still tell Senator Lieberman and they still tell me that they have 
difficulty in obtaining needed information from Federal agencies and 
that they lack a reliable way to convey their own information to 
Federal officials.
  Turf battles, unfortunately, are still being fought among some 
agencies. There still is no effective system in place for State and 
local governments to share information with one another.
  From computer systems to emergency radios, the technology that should 
allow these different levels of government to communicate with each 
other too often is silenced by incompatibility. Clearly, the barrier to 
a truly unified effort against terrorism is a matter of both culture 
and equipment. This legislation will help break down that barrier.
  A General Accounting Office report on interoperable communications 
released last week notes that the lives of first responders and those 
they are trying to assist can be lost when first responders cannot 
communicate effectively. That is the crux of the matter that the 
Lieberman-Collins bill seeks to address. A substantial barrier to 
effective communications, according to the GAO, is the use of 
incompatible wireless equipment by many agencies and levels of 
government when they are responding to a major emergency.
  Among the GAO recommendations are that Federal grants be used to 
encourage States to develop and implement plans to improve 
interoperable communications and that the Department of Homeland 
Security needs to establish a long-term program to coordinate these 
same communications upgrades throughout the Federal Government. Our 
legislation would do much to implement these sensible recommendations.
  It is vitally important that we assist the States in getting the 
right communications technology into the hands of their first 
responders. That would be accomplished by the interoperability grant 
program in this legislation. I believe that grant program is the most 
important feature of our legislation.
  At a homeland security conference held in my home State of Maine in 
May, one of the most persistent messages that I heard from Maine's 
first responders concerned the lack of compatibility in communications 
equipment. It remains a substantial impediment to their ability to 
respond effectively in the event of a terrorist attack. For a State 
like mine that has three deepwater cargo ports, two international 
airports, key defense installations, hundreds of miles of coastline, 
and a long international border, compatible communications equipment is 
essential. Yet it remains an illusive goal.
  Maine's firefighters, police officers, and emergency medical 
personnel do an amazing job in providing aid when a neighboring town is 
in need. Fires, floods, and accidents are local matters in which they 
have great expertise and experience. Their defense of the front lines 
in the war against terrorism, however, is a national matter. Maine's 
first responders, along with first responders across the country, are 
doing their part, but they need and deserve Federal help.
  The grant program established by our bill would guarantee every State 
a share of interoperability funding and makes additional funding 
available for States with special needs and vulnerabilities. It is 
designed to get this vital funding to first responders quickly, in 
coordination with a statewide plan.
  At that Maine conference, I was joined by Under Secretary Asa 
Hutchinson. He, perhaps, best described the mutual responsibilities of 
this Federal-State partnership when he said:

       We cannot secure the homeland of America from Washington, 
     D.C.

  In other words, we have to rely on State and local officials and on 
our first responders.
  There is no question, however, that the security of the homeland 
requires

[[Page S8555]]

the involvement, leadership, and expertise of Washington, DC, and, yes, 
it also requires our financial commitment.
  As Senator Lieberman mentioned, a recent study by the Council on 
Foreign Relations estimates the total cost of nationwide communications 
compatibility at $6.8 billion. Our legislation authorizes $3.3 billion 
over 5 years. That is a reasonable and necessary contribution by the 
Federal Government to this important partnership.
  The legislation will also help to foster a culture of information 
sharing through all levels of government and across all boundaries.
  It directs the Secretary of Homeland Security to establish a homeland 
security information-sharing network that will expedite the gathering, 
analysis, and distribution of information that is relevant to 
preventing or responding to terrorism anywhere in the Nation. The 
council established by this legislation will bring together 
representatives from all the relevant Federal agencies, and from State 
and local governments as well, to develop, monitor, and update 
procedures to enhance information sharing.
  This bill would make an important contribution to the security of our 
Nation and the safety of our people. It would help us clear the 
barriers that now prevent agencies at all levels of government from 
cooperating and communicating to the fullest extent, whether those 
barriers are due to a lack of coordination or whether they are due to 
technology and incompatible equipment.
  At the risk of piling one cliche on top of another, it is apparent to 
me that in order to connect the dots, we must think outside the box. 
Our enemy is cunning and remorseless. We must be clever and 
resourceful. This legislation is designed to foster innovative thinking 
by rewarding it, through a program that provides cash awards or other 
forms of recognition to agency employees who solve a homeland security 
problem. We already use pay-for-performance awards to recognize Federal 
employees who devise ways to deliver Government services more 
effectively and efficiently. We certainly can do the same for employees 
who think up ways to make our country safer.
  The new Office of Information Sharing this legislation would 
establish in the Department of Homeland Security will continue the 
substantial progress being made by addressing specific issues related 
to improving cooperation among the various levels of government. A key 
element of improved cooperation will be getting technology, computer 
systems and communications equipment in particular, to work across the 
frontiers of government agencies.
  The security of our Nation and the safety of our people require that 
we clear the barriers that prevent agencies at all levels of government 
from cooperating and communicating to the fullest extent. There is an 
additional reason why this is important.
  Effective information-sharing is the best way in which we can protect 
ourselves from harm as we protect the civil liberties we cherish. We 
need borders that are closed to our enemies, but that remain open to 
our friends. We need to be able to travel safely, but also freely. We 
need to be able to protect ourselves against threats from abroad, but 
we also need to engage in open and vigorous trade. The greatest threats 
to these freedoms are the fear, suspicion and doubt that come from not 
knowing as much as we can about the enemy and from having the best, 
most coordinated defense possible.
  I urge my colleagues to join me in supporting this legislation to 
build a better and stronger homeland security partnership.
  I hope the legislation that Senator Lieberman and I have introduced 
will enjoy widespread support.
  Mr. AKAKA. Mr. President, I rise today to join my colleagues Senators 
Lieberman and Collins in introducing the Homeland Security Interagency 
and Interjurisdictional Information Sharing Act of 2004, a piece of 
legislation critical to improving the communication capabilities of 
first responders and among all levels of government.
  One of the most important lessons our Nation learned on September 11 
is that information sharing, both between agencies and levels of 
government and between emergency first responders, is critical to the 
prevention of and response to a terrorist attack on our homeland. There 
has been much talk about breaking down stove pipes and fully equipping 
our heroic first responders in the past 3 years, but this bill points 
out those goals have not yet been met.
  The world watched as firefighters perished in the World Trade Center 
because their radios could not function inside the buildings and they 
did not have updated information about the imminent collapse of the 
towers. Ten months later it was reported that officers responding to a 
shooting at Los Angeles International Airport missed crucial 
information because they were not using the same radio frequency.

  Yet almost all cities and counties in the United States still lack an 
interoperable communications system today and many still lack the 
infrastructure to provide 100 percent coverage for the radio systems 
they do have. In my home State of Hawaii, first responders are unable 
to communicate through radios in 25 percent of the island of Hawaii 
because of a combination of lack of infrastructure and diverse 
geography.
  This problem can be solved, but it will require a commitment of not 
only funding but planning, communication and cooperation. The current 
SAFECOM initiative, which is supposed to address the interoperability 
problem, has failed in most, if not all, of these areas. While this 
issue clearly cannot be solved by one agency alone, the cross-
government nature of SAFECOM crippled the program from the start. 
SAFECOM is supposed to be funded by multiple agencies meaning that if 
one agency is not in agreement with the others it can withhold funding 
and slow or stop activities. This formula has proven ineffective.
  The Homeland Security Interagency and Interjurisdictional Information 
Sharing Act will address these issues. The bill creates an Office of 
Information Sharing within the Department of Homeland Security to 
develop and implement a national strategy and provide the leadership, 
outreach, and technical assistance necessary to achieve 
interoperability. The new office would receive a direct line of funding 
for its operations as well as to provide grants to States and 
localities to develop interoperable networks.
  The bill would also require the Secretary of Homeland Security to 
develop a Homeland Security Information Sharing Network. The problem of 
informational stove piping will not be eradicated with ad hoc measures 
as is the practice today. The administration must institutionalize a 
system of sharing critical homeland security information among all 
levels of government. We are no longer in a ``need to know'' world. We 
must switch to a ``need to share'' mentality.
  Three years is too long for the lessons of September 11 to not be 
implemented. I urge my colleagues to support this important piece of 
legislation and I thank Senators Lieberman and Collins for their work 
on this issue.
                                 ______