Enhancement of public safety communications interoperability
Coordination of public safety interoperable communications programs
Program
The Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall—
establish a comprehensive national approach to achieving public safety interoperable communications;
coordinate with other Federal agencies in carrying out subparagraph (A);
develop, in consultation with other appropriate Federal agencies and State and local authorities, appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety agencies;
accelerate, in consultation with other Federal agencies, including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications, recognizing—
the value, life cycle, and technical capabilities of existing communications infrastructure;
the need for cross-border interoperability between States and nations;
the unique needs of small, rural communities; and
the interoperability needs for daily operations and catastrophic events;
encourage the development and implementation of flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability;
assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications;
identify priorities within the Department of Homeland Security for research, development, and testing and evaluation with regard to public safety interoperable communications;
establish coordinated guidance for Federal grant programs for public safety interoperable communications;
provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability;
develop and disseminate best practices to improve public safety communications interoperability; and
develop appropriate performance measures and milestones to systematically measure the Nation’s progress toward achieving public safety communications interoperability, including the development of national voluntary consensus standards.
Office for Interoperability and Compatibility
Establishment of Office
Functions
If the Secretary establishes such office, the Secretary shall, through such office—
carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and
carry out section 510 1
Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this subsection—
$22,105,000 for fiscal year 2005;
$22,768,000 for fiscal year 2006;
$23,451,000 for fiscal year 2007;
$24,155,000 for fiscal year 2008; and
$24,879,000 for fiscal year 2009.
Report
International interoperability
Not later than 18 months after
the United States and Canada; and
the United States and Mexico.
Omitted
Multiyear interoperability grants
Multiyear commitments
Restrictions
Time limit
Amount of committed funds
Letters of intent
Issuance
Schedule
Notice to Secretary
Notice to Congress
Limitations
Statutory construction
Nothing in this subsection shall be construed—
to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued; or
to apply to, or replace, Federal assistance intended for interoperable communications that is not provided pursuant to a commitment under this subsection.
Interoperable communications plans
Any applicant requesting funding assistance from the Secretary for interoperable communications for emergency response providers shall submit an Interoperable Communications Plan to the Secretary for approval. Such a plan shall—
describe the current state of communications interoperability in the applicable jurisdictions among Federal, State, and local emergency response providers and other relevant private resources;
describe the available and planned use of public safety frequency spectrum and resources for interoperable communications within such jurisdictions;
describe how the planned use of spectrum and resources for interoperable communications is compatible with surrounding capabilities and interoperable communications plans of Federal, State, and local governmental entities, military installations, foreign governments, critical infrastructure, and other relevant entities;
include a 5-year plan for the dedication of Federal, State, and local government and private resources to achieve a consistent, secure, and effective interoperable communications system, including planning, system design and engineering, testing and technology development, procurement and installation, training, and operations and maintenance;
describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the Secretary;
include information on the governance structure used to develop the plan, including such information about all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; and
describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the jurisdiction, and the process for continuing to incorporate such input.
Definitions
In this section:
Interoperable communications
Emergency response providers
Omitted
Sense of Congress regarding interoperable communications
Finding
The Congress finds that—
many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and
their inability to do so threatens the public’s safety and may result in unnecessary loss of lives and property.
Sense of Congress
Source
(Pub. L. 108–458, title VII, § 7303,Notes
References in Text
Codification
Amendments
Effective Date
Transfer of Functions
Department of Homeland Security Interoperable Communications
In General.—
If the Secretary of Homeland Security determines that there are at least two communications systems described under paragraph (1)(B) and certified under paragraph (2), the Secretary shall establish and carry out a pilot program across not less than three components of the Department of Homeland Security to assess the effectiveness of a communications system that—
provides for—
multiagency collaboration and interoperability; and
wide-area, secure, and peer-invitation- and-acceptance-based multimedia communications;
is certified by the Department of Defense Joint Interoperability Test Center; and
is composed of commercially available, off-the-shelf technology.
Assessment.—
Not later than 6 months after the date on which the pilot program is completed, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee [on] Homeland Security and Governmental Affairs of the Senate an assessment of the pilot program, including the impacts of the program with respect to interagency and Coast Guard response capabilities.
Strategy.—
The pilot program shall be consistent with the strategy required by the Department of Homeland Security Interoperable Communications Act (Public Law 114–29) [set out below].
Timing.—
The pilot program shall commence within 90 days after the date of the enactment of this Act [
SHORT TITLE.
DEFINITIONS.
“In this Act—
the term ‘Department’ means the Department of Homeland Security;
the term ‘interoperable communications’ has the meaning given that term in section 701(d) [now 701(e)] of the Homeland Security Act of 2002 [6 U.S.C. 341(e)], as added by section 3; and
the term ‘Under Secretary for Management’ means the Under Secretary for Management of the Department of Homeland Security.
INCLUSION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES IN RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.
STRATEGY.
In General.—
Not later than 180 days after the date of enactment of this Act [
An assessment of interoperability gaps in radio communications among the components of the Department, as of the date of enactment of this Act.
Information on efforts and activities, including current and planned policies, directives, and training, of the Department since
An assessment of obstacles and challenges to achieving and maintaining interoperable communications among the components of the Department.
Information on, and an assessment of, the adequacy of mechanisms available to the Under Secretary for Management to enforce and compel compliance with interoperable communications policies and directives of the Department.
Guidance provided to the components of the Department to implement interoperable communications policies and directives of the Department.
The total amount of funds expended by the Department since
Dates upon which Department-wide interoperability is projected to be achieved for voice, data, and video communications, respectively, and interim milestones that correspond to the achievement of each such mode of communication.
Supplementary Material.—
Together with the strategy required under subsection (a), the Under Secretary for Management shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on—
any intra-agency effort or task force that has been delegated certain responsibilities by the Under Secretary for Management relating to achieving and maintaining interoperable communications among the components of the Department by the dates referred to in subsection (a)(7); and
who, within each such component, is responsible for implementing policies and directives issued by the Under Secretary for Management to so achieve and maintain such interoperable communications.
REPORT.
“Not later than 100 days after the date on which the strategy required under section 4(a) is submitted, and every 2 years thereafter for 6 years, the Under Secretary for Management shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of efforts to implement the strategy required under section 4(a), including the following:
Progress on each interim milestone referred to in section 4(a)(7) toward achieving and maintaining interoperable communications among the components of the Department.
Information on any policies, directives, guidance, and training established by the Under Secretary for Management.
An assessment of the level of compliance, adoption, and participation among the components of the Department with the policies, directives, guidance, and training established by the Under Secretary for Management to achieve and maintain interoperable communications among the components.
Information on any additional resources or authorities needed by the Under Secretary for Management.
APPLICABILITY.
Cross Border Interoperability Reports
In General.—
Not later than 90 days after the date of enactment of this Act [
the status of the mechanism established by the President under section 7303(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating cross border interoperability issues between—
the United States and Canada; and
the United States and Mexico;
the status of treaty negotiations with Canada and Mexico regarding the coordination of the re-banding of 800 megahertz radios, as required under the final rule of the Federal Communication Commission in the ‘Private Land Mobile Services; 800 MHz Public Safety Interface Proceeding’ (WT Docket No. 02–55; ET Docket No. 00–258; ET Docket No. 95–18, RM–9498; RM–10024; FCC 04–168) including the status of any outstanding issues in the negotiations between—
the United States and Canada; and
the United States and Mexico;
communications between the Commission and the Department of State over possible amendments to the bilateral legal agreements and protocols that govern the coordination process for license applications seeking to use channels and frequencies above Line A;
the annual rejection rate for the last 5 years by the United States of applications for new channels and frequencies by Canadian private and public entities; and
any additional procedures and mechanisms that can be taken by the Commission to decrease the rejection rate for applications by United States private and public entities seeking licenses to use channels and frequencies above Line A.
Updated Reports to Be Filed on the Status of Treaty of [sic] Negotiations.—
The Federal Communications Commission, in conjunction with the Department of Homeland Security, the Office of Management of Budget, and the Department of State shall continually provide updated reports to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of treaty negotiations under subsection (a)(2) until the appropriate United States treaty has been revised with each of—
Canada; and
Mexico.
International Negotiations To Remedy Situation.—
Not later than 90 days after the date of enactment of this Act [
the current process for considering applications by Canada for frequencies and channels by United States communities above Line A;
the status of current negotiations to reform and revise such process;
the estimated date of conclusion for such negotiations;
whether the current process allows for automatic denials or dismissals of initial applications by the Government of Canada, and whether such denials or dismissals are currently occurring; and
communications between the Department of State and the Federal Communications Commission pursuant to subsection (a)(3).”