[Congressional Record Volume 155, Number 134 (Tuesday, September 22, 2009)]
[Senate]
[Pages S9680-S9681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (for himself and Mrs. Hutchison):
  S. 1694. A bill to allow the funding for the interoperable emergency 
communications grant program established under the Digital Television 
Transition and Public Safety Act of 2005 to remain available until 
expended through fiscal year 2012, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce legislation 
that will help improve public safety communications.
  September is a month when we remember. We remember that 8 years ago 
we witnessed the impossible horror of September 11th. We remember that 
4 years ago we watched the watery devastation of Hurricane Katrina. We 
remember because even with the passage of time, these are wounds that 
do not heal and losses we will never forget.
  These events also demonstrated the tremendous bravery of our public 
safety officials. Their courage awes and inspires. So when tragedy 
strikes, we want to make sure that those who wear the shield have the 
communications systems they need to do the job. We know now that public 
safety communications can mean the difference between security and 
harm.
  Yet when it comes to public safety communications, we still have a 
lot of work to do. Four years ago, Congress took an important first 
step. In the Digital Television and Public Safety Act of 2005, Congress 
authorized the National Telecommunications and Information 
Administration, in consultation with the Department of Homeland 
Security, to implement the Public Safety Interoperable Communications 
Grant Program. This program provided a one-time, formula-based, 
matching grant opportunity for public safety agencies to improve 
interoperable communications systems.
  Governors across the country lined up to designate State agencies to 
apply for and administer these funds. Under the program, funds were 
originally available for the purchase and deployment of communications 
equipment and training for system users. Later, in the Implementing 
Recommendations of the 9/11 Commission Act of 2007, Congress expanded 
the program to include planning and coordination activities.
  But now millions of these dollars are at risk. The September 30, 
2010, deadline for expending funds that is a holdover from the original 
legislation could inadvertently jeopardize the effectiveness of public 
safety communications projects in States across the country. Many 
grantees spent the first year of the grant period developing required 
plans and justifications and then awaiting approvals from the 
Department of Homeland Security and the National Telecommunications and 
Information Administration. As a result, many grantees did not have the 
full 3-year award period to acquire and deploy interoperable 
communications equipment. They face the real possibility of reaching 
the September 30, 2010, deadline with communications projects 
incomplete. In short, it is no longer sensible to bind the States to 
this original deadline in 2010.
  There is no need to take my word for it. The Inspector General at the 
Department of Commerce reached exactly the same conclusion. In a report 
published in March 2009, the Inspector General found that grantees were 
unlikely to finish their communications projects within the statutory 
time frames. The Inspector General even recommended that the National 
Telecommunications and Information Administration work with Congress to 
extend the deadline for grantees to expend their communications funds 
from this program. Now the National Governors Association and the 
Association of Public Safety Communications Officials also have chimed 
in to support an extension.
  I rise today so we can do something about it. By extending the 
September 30, 2010, deadline by one year and on a case-by-case basis 
two years, we can make sure that the funds are used exactly as Congress 
intended. We can make sure that public safety projects are not stranded 
due to arbitrary deadlines. We can make sure that our first responders 
have the first class communications systems they desperately need and 
deserve. For this reason, I urge my colleagues to join me and Senator 
Hutchison and support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed into the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1694

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

     SECTION 1. PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANTS.

       (a) Notwithstanding section 3006(a)(2) of the Digital 
     Television Transition and Public Safety Act of 2005 (47U.S.C. 
     309 note), sums made available to administer the Public 
     Safety Interoperable Communications Grant Program under 
     section 309(j)(8)(E) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(8)(E)) shall remain available until expended, 
     but not beyond September 30, 2012.
       (b) The period for performance of any investment approved 
     under the Program as of the date of enactment of this Act 
     shall be extended by one year, but not later than September 
     30, 2011, except that the Assistant

[[Page S9681]]

     Secretary of Commerce for Communications and Information may 
     extend, on a case-by-case basis, the period of performance 
     for any investment approved under the Program as of that date 
     for a period of not more than 2 years, but not later than 
     September 30, 2012. In making a determination as to whether 
     an extension beyond September 30, 2011, is warranted, the 
     Assistant Secretary should consider the circumstances that 
     gave rise to the need for the extension, the likelihood of 
     completion of performance within the deadline for completion, 
     and such other factors as the Assistant Secretary deems 
     necessary to make the determination.

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