[Congressional Record Volume 151, Number 83 (Tuesday, June 21, 2005)]
[Senate]
[Pages S6911-S6917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Levin, and Mr. 
        Akaka):
  S. 1274. A bill to strengthen Federal leadership, provide grants, 
enhance outreach and guidance, and provide other support to State and 
local officials to achieve communications inter-operability, 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; to the Committee on Homeland 
Security and Governmental Affairs.

[[Page S6912]]

  Mr. LIEBERMAN. Mr. President, I rise today to introduce legislation 
designed to finally address one of the most long-standing and difficult 
problems facing our Nation's first responders--the lack of 
communications interoperability.
  I want to thank Chairman Collins of the Homeland Security and 
Governmental Affairs Committee, Senator Levin and Senator Akaka for 
joining me in this effort.
  I don't want to be confused with the evil road captain in ``Cool Hand 
Luke,'' but there is only one way to say this: ``What we have here is a 
failure to communicate!''
  By now, we all know that the inability of first responders to talk to 
one another when responding to emergencies costs lives during terrorist 
attacks or natural disasters. According to the 9/11 Commission, the 
lack of interoperability contributed to the deaths of more than 100 
fire fighters in New York on 9/11.
  However, this failure to communicate also creates problems during 
every day emergency operations, endangering both first responders and 
the public while also wasting precious resources. For example, when law 
enforcement officers cannot communicate effectively about a suspect 
fleeing across jurisdictions, criminals can escape.
  It is past time we fixed this problem.
  Achieving interoperability is the top priority for State homeland 
security advisors. It is essential for first responders to achieve the 
national preparedness goals that the Department of Homeland Security 
has established for the Nation.
  However, for most States obtaining the equipment and technology to 
fulfill this goal remains a challenge. And a major hurdle continues to 
be lack of sufficient funding. A non-partisan task force of the Council 
on Foreign Relations recommended spending at least $6.8 billion over 
five years. DHS has also estimated the cost of modernizing equipment 
for 2.5 million public safety first responders across the country at 
$40 billion.
  I am convinced that we can achieve interoperability for much less--
but only if strong national leadership drives cooperation and adoption 
of smart new technology solutions.
  Achieving interoperability is difficult because some 50,000 local 
agencies typically make independent decisions about communications 
systems. The result is that first responders typically operate on 
different radio systems, at different frequencies, unable to 
communicate with one another.
  Strong national leadership is necessary to ensure that different 
jurisdictions come together to work out the often complex issues that 
prevent interoperability in the first place.
  The legislation we are introducing today will provide this much 
needed Federal leadership and provide dedicated grants, enhance 
technical assistance to State and local first responders, promote 
greater regional cooperation, and foster the research and development 
necessary to make achieving interoperability a realistic national goal.
  The ``Improve Interoperable Communications for First Responders Act 
of 2005'' or the ICOM Act for short, gets us there in three distinct 
ways.
  First, the ICOM Act will provide the Office of Interoperability and 
Compatibility (OIC) within DHS the resources and authorities necessary 
to systematically overcome the barriers to achieving interoperability.
  ICOM requires OIC to conduct extensive, nationwide outreach and 
facilitate the creation of task forces in each State to develop 
interoperable solutions. It requires coordinated and extensive 
technical assistance through the Office of Domestic Preparedness' 
Interoperable Communications Technical Assistance Program. OIC will 
also be charged with developing a national strategy and national 
architecture so that we systematically move towards a truly national 
system of public safety communications.
  This Act authorizes OIC to fund and conduct pilot programs to 
evaluate and validate new technology concepts needed to encourage more 
efficient use of spectrum and other resources and deploy less costly 
public safety communications systems.
  Second, the ICOM Act will identify and answer the policy and 
technology questions necessary to achieve interoperability by requiring 
the Secretary to establish a comprehensive, competitive research and 
development program.
  This research agenda will focus on: understanding the strengths and 
weaknesses of today's diverse public safety communications systems; 
examining how current and emerging technology can make public safety 
organizations more effective, and how local, State, and Federal 
agencies can utilize this technology in a coherent and cost-effective 
manner; evaluating and validating new technology concepts; and 
advancing the creation of a national strategy to promote 
interoperability and efficient use of spectrum.
  The legislation authorizes some $126 million for each of fiscal years 
2006 through 2009 for the operations of the Office for Interoperability 
and Compatibility so DHS can finally provide the national leadership 
necessary to achieve interoperability in the most cost effective 
manner; for research and development; and to provide enhanced technical 
assistance to state and local officials around the country.
  Third, the ICOM Act will provide consistent, dedicated funding by 
authorizing $3.3 billion over five years for initiatives to achieve 
short-term or long-term solutions to interoperability. It authorizes 
grants directly to States or regional consortium within each State to 
be used specifically for key aspects of the communications life-cycle, 
including: State-wide or regional communications planning; system 
design and engineering; procurement and installation of equipment; 
training and exercises; or other activities determined by the Secretary 
to be integral to the achievement of this essential capability.
  The bill adopts the same formula for distributing funds in S. 21, the 
Homeland Security Grants Enhancement Act as reported by the Homeland 
Security and Government Affairs Committee. Each State will receive a 
minimum baseline amount of 0.55 percent of the total funds appropriated 
under the bill. States that are larger/and or more densely populated 
receive a higher baseline amount, based on a formula that combines 
population and population density.
  The remaining funds--over 60 percent of the total--will be 
distributed based on additional threat and risk-based factors. This 
will ensure that the majority of funds are distributed to those areas 
at highest risk, while we systematically ensure that this very basic 
communications capability is built in every state across our country.
  The Secretary will be required to establish a panel of technical 
experts, first responders, and other State and local officials, to 
review and make recommendations on grant applications.
  This legislation also promotes regional cooperation, consistent with 
the National Preparedness Goal, which identifies the essential 
capabilities States and localities need to fight the war on terrorism, 
rewarding those jurisdictions that join together in robust regional 
bodies to apply for funds.
  Most importantly, this dedicated funding program for interoperability 
will ensure that jurisdictions can receive and rely on a consistent 
stream of funding for vital interoperability projects, without also 
being forced to neglect all of the other essential capabilities DHS has 
said they need to develop.
  This legislation is crucial for the safety of our citizens and the 
men and women who go to work everyday pledged to protect them. It will 
ensure that, for the first time, achieving communications 
interoperability is an achievable national goal, a genuine national 
priority.
  To win the war on terrorism and protect the American people, we 
cannot have a failure to communicate.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1274

       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:

[[Page S6913]]

       (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:

[[Page S6914]]

     ``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;

[[Page S6915]]

       ``(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.''.

  Ms. COLLINS. Mr. President, I am very pleased to join my good friend, 
the Senator from Connecticut, Senator Lieberman, in introducing the 
Improve Interoperable Communications for First Responders Act of 2005. 
This legislation 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 for his efforts in putting 
together this very important legislation and for working with me to 
make this bill a bipartisan effort.
  According to the 9/11 Commission Report, interoperability--the 
ability for emergency responders to communicate with one another during 
an incident--was a serious problem on 9/11. On that fateful day, the 
NYPD Emergency Service Unit did manage to successfully convey 
evacuation instructions to personnel in the North Tower after the South 
Tower's collapse. This was accomplished by a combination of ``1. the 
strength of the radios, 2. the relatively small numbers of individuals 
using them, and 3. use of the correct channel by all.'' On the other 
hand, the 9/11 Commission Report pointed out that ``the same three 
factors worked against successful communication among FDNY personnel. 
First, the radios' effectiveness was drastically reduced in the high-
rise environment. Second, tactical channel 1 was simply overwhelmed by 
the numbers of units attempting to communicate on it at 10:00 a.m. 
Third, some firefighters were on the wrong channel or simply lacked 
radios altogether.''
  In addition, a Government Accountability Office report on 
interoperable communications released in June 2004 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. 
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.
  The GAO recommends that Federal grants be used to encourage States to 
develop and implement plans to improve interoperable communications and 
that the Department of Homeland Security should 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.
  The National Governors Association recently released a survey of 
State and territorial homeland security advisors to determine their top 
10 priorities and challenges facing states in the future. The number 
one priority was achieving interoperability in communications.
  One of the most persistent messages that I hear from Maine's first 
responders is strong concern about 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 the largest port by tonnage in New England, 
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 work on the front lines in 
the war against terrorism is, however, a joint responsibility. Maine's 
first responders, along with first responders across the country, are 
doing their part, but they need and deserve Federal help.
  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. The grant program guarantees 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.
  A recent study by the Council on Foreign Relations estimates the 
total cost of nationwide communications compatibility at $6.8 billion.
  Our legislation authorizes a total of $3.3 billion over a 5 year 
period for grants dedicated to achieving communications 
interoperability. That is a reasonable and necessary contribution by 
the Federal Government to this important partnership.
  The legislation will also help to identify and answer the policy and 
technology questions necessary to achieve interoperability. It directs 
the Secretary of Homeland Security to establish a comprehensive, 
competitive research and development program. This includes conducting 
research through the Directorate of Science and Technology Homeland 
Security Advanced Research Projects Agency, (HSARPA) and establishing a 
Center of Excellence focused on enhancing information and

[[Page S6916]]

communications systems for first responders.
  The Intelligence Reform and Terrorism Prevention Act of 2002, P.L. 
108-458, which Senator Lieberman and I authored, directs the Office for 
Interoperability and Compatibility (OIC) in DHS to provide overall 
federal leadership to achieve interoperability. Our legislative 
initiative builds on this current policy by providing the OIC the 
resources and authorities necessary to conduct extensive, nationwide 
outreach, develop a national strategy and national architecture, and 
conduct pilot programs to evaluate and validate new technology 
concepts.
  We must all work together to achieve interoperability for all our 
first responders. Coordination and cooperation among all stakeholders 
will be imperative if the brave men and women who risk their lives on a 
daily basis are to be fully prepared.
  I urge my colleagues to join us in supporting this legislation to 
build a better and stronger homeland security partnership with our 
first responders.
  Mr. LEVIN. Mr. President, I join my colleagues in introducing the 
Improve Interoperable Communications For First Responders, or ``ICOM,'' 
Act of 2005. We have all heard the stories of how the first responders 
could not communicate on 9/11 and this lack of communication cost 
lives. The same situation is happening all over this country and we 
need to improve interoperable communications before more lives are 
lost. Attaining this objective will require substantial resources and a 
strong commitment by Congress and the Administration. This legislation 
takes an important first step in this effort.
  We have seen how bad the problem is in Michigan. For example, on the 
morning of Sunday, October 26, 2003, Michigan first responders held an 
exercise to test the emergency communications response capabilities at 
Michigan's international border with Canada. As we all know, during any 
emergency, effective communications is an absolute requirement. 
However, during the exercise, in order to communicate between fire 
agencies, the fire commanding officer needed 3 portable radios 
literally hanging around his neck and hooked to his waist band to 
attempt scene coordination. The Incident Commander was shuffling radios 
up and down to his ear and mouth in an attempt to figure out ``who'' 
was requesting or providing information. Further, the fire commanding 
officer had no communication with any law enforcement or Emergency 
Medical Service agencies. To communicate with those agencies, 5 
additional radios would be required. This is totally unacceptable.
  First and foremost, the ICOM Act will provide dedicated funding for 
initiatives to achieve short- and long-term solutions to 
interoperability to States or regional consortia within each State for 
State-wide or regional communications planning, system design and 
engineering, procurement and installation of equipment, training and 
exercises, or other activities determined by the Secretary of Homeland 
Security to be integral to the achievement of communications 
interoperability.
  This legislation will also provide the recently authorized Office for 
Interoperability and Compatibility the resources and authorities 
necessary to conduct extensive, nationwide outreach, develop a national 
strategy, facilitate the creation of regional task forces in each 
State, fund and conduct pilot programs to evaluate and validate new 
technology concepts, encourage more efficient use of resources, and 
test and deploy more reliable and less costly public safety 
communications systems. Finally, the ICOM Act also requires the 
Secretary of Homeland Security to establish a comprehensive, 
competitive research and development program. This includes promoting 
research through the Directorate of Science and Technology and Homeland 
Security Advanced Research Projects Agency, and considering 
establishing a Center of Excellence. The research agenda will focus on 
understanding the strengths and weaknesses of today's diverse public 
safety communications systems, examining how current and emerging 
technology can make public safety organizations more effective, and how 
local, State, and Federal agencies can utilize this technology in a 
coherent and cost-effective manner, evaluating and validating new 
technology concepts, and advancing the creation of a national strategy 
to promote interoperability and efficient use of spectrum.
  I recently authored an amendment that passed the Homeland Security 
and Governmental Affairs Committee that would assist our first 
responders by creating demonstration projects at our northern and 
southern borders. The ICOM Act will complement that legislation by 
providing funding, support, research and development to improve 
interoperable communications on a national level.
  Mr. AKAKA. Mr. President, I rise today to join my colleagues, 
Senators Lieberman, Collins, and Levin, in introducing the Improve 
Interoperable Communications for First Responders Act of 2005 (the ICOM 
Act), which will strengthen the interoperability of first responder 
communications across the country.
  Since September 11, Federal, State, and local authorities have 
grappled with the challenge of achieving interoperable communications 
for emergency response personnel. This should not be a difficult task 
since the necessary technology exists. But as with many public policy 
challenges, achieving interoperability comes down to organization and 
funding.
  The 9-11 Commission found that the inability of first responders to 
communicate at the three September 11 crash sites demonstrated ``that 
compatible and adequate communications among public safety 
organizations at the local, State, and Federal levels remains a 
important problem.'' In my home State of Hawaii, for example, first 
responders are unable to communicate by radio over 25 percent of the 
Island of Hawaii because of inadequate infrastructure and diverse 
geography. The Commission recommended that federal funding of local 
interoperability programs be given a high priority.
  The Department of Homeland Security (DHS) estimated it would cost $40 
billion to modernize communications equipment for the Nation's 2.5 
million public safety first responders. In 2003, an independent task 
force sponsored by the Council on Foreign Relations recommended 
investing $6.8 billion over five years to ensure dependable, 
interoperable first responder communications, a need which they 
describe as ``so central to any kind of terrorist attack response.''
  However, funding alone will not solve this urgent problem. The 
Government Accountability Office (GAO) has found that DHS leadership is 
critical to utilizing effectively interoperability technologies. In an 
April 2005 report, ``Technology Assessment: Protecting Structures and 
Improving Communications during Wildland Fires,'' GAO stated that even 
if two neighboring jurisdictions have the funding to purchase an 
interconnection device, such as an audio switch, organizational 
challenges remain. GAO stated, ``To effectively employ the device, they 
must also jointly decide how to share its cost, ownership, and 
management; agree on the operating procedures for when and how to 
deploy it; and train individuals to configure, maintain, and use it.'' 
Achieving such planning and coordination will require federal 
leadership.
  According to GAO, the federal government has increased 
interoperability planning and coordination efforts in recent years. 
However the Wireless Public Safety Interoperable Communications Program 
(SAFECOM), which is run out of the Office for Interoperability and 
Compatibility (OIC) in DHS, has made limited progress in achieving 
communications interoperability among entities at all levels of 
government.
  The ICOM Act will increase federal coordination and provide dedicated 
funding for interoperability. Our bill will increase the resources and 
authority of the OIC, which was established by the Intelligence Reform 
and Terrorism Prevention Act of 2004. Specifically, the OIC will be 
tasked with creating a national strategy and national architecture, 
facilitating the creation of regional task forces, and conducting pilot 
programs to evaluate new technology concepts. The OIC will be 
responsible not only for short-term solutions, but also for 
simultaneously pursuing a long-term interoperability

[[Page S6917]]

strategy, something that has been lacking from Federal efforts to date.
  The ICOM Act will also create an interoperability grant program and 
authorize $3.3 billion over five years for the program. Recognizing 
that achieving interoperability is crucial to every State's emergency 
response capabilities, the bill gives each State a baseline amount of 
.55 percent of the funding.
  The ICOM Act also requires the Secretary to look to at the unique 
geographic barriers in each State which may impede interoperability 
when awarding grants. This is key to States like Hawaii that may 
require additional transmitter towers and other types of equipment to 
overcome the obstacles that come with being a mountainous or island 
State.
  Last year, I joined Senators Lieberman and Collins in introducing S. 
2701, the Homeland Security Interagency and Interjurisdictional 
Information Sharing Act of 2004. Many of the provisions in S. 2701 were 
incorporated into the Intelligence Reform and Terrorism Prevention Act. 
However, there still continue to be problems in terms of leadership and 
funding in federal interoperability policy. I ask my colleagues to not 
wait another year to begin to fill this hole. I urge support of this 
important piece of legislation.
                                 ______