Public Safety Interoperability Implementation Act - Amends the National Telecommunications and Information Administration Organization Act to establish in the Treasury the Public Safety Communications Trust Fund, to be funded through authorizations of appropriations and proceeds from the sale of certain bands of Government-owned broadcast spectrum.
Requires the Administrator of the National Telecommunications and Information Administration to administer the Fund. Authorizes the Administrator to make grants to implement interoperability and modernization for the communications needs of public safety, fire, emergency, law enforcement, and crisis management by State and local government agencies and instrumentalities and nonprofit organizations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1323 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1323
To establish a permanent grant program to improve public safety
communications and the interoperability of emergency communications
equipment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2005
Mr. Stupak (for himself, Mr. Fossella, Mr. Engel, Mrs. McCarthy, Mr.
Oberstar, Mr. Towns, Mr. Nadler, Mr. Ackerman, Mr. McNulty, Ms.
Berkley, and Mr. Gordon) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish a permanent grant program to improve public safety
communications and the interoperability of emergency communications
equipment.
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 ``Public Safety Interoperability
Implementation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Following the tragic events of September 11, 2001, the
need for interoperable communications for public safety became
even more apparent, and critical to address.
(2) The inability of many firefighters and police to
communicate with each other in the World Trade Centers led to
some loss of lives that perhaps could have been prevented.
(3) As demonstrated by a hearing by the Committee on Energy
and Commerce of the House of Representatives, Subcommittee on
Telecommunications and the Internet, on June 11, 2003,
interoperability problems and spectrum and equipment shortages
continue to plague our nation's first responders, and without
additional funding these problems will continue.
(4) Action is critical to address these shortages not only
to ensure readiness in the event of another terrorist attack,
but also to address daily communications needs that are
essential.
(5) Each day this Nation's public safety officers put their
lives on the line to serve this country and immediate increases
in funding are essential.
(6) According to the report by the Council on Foreign
Relations, the United States is drastically underfunding local
emergency responders, and remains dangerously unprepared to
handle a catastrophic attack on American soil.
SEC. 3. PUBLIC SAFETY TRUST FUND.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following new section:
``SEC. 106. PUBLIC SAFETY TRUST FUND.
``(a) Establishment.--
``(1) Fund established.--There is hereby established in the
Treasury of the United States the Public Safety Communications
Trust Fund.
``(2) Deposits.--The Fund shall consist of--
``(A) the amounts appropriated pursuant to
subsection (f); and
``(B) 50 percent of the proceeds of any auction
conducted pursuant to section 309(j) of the
Communications Act of 1934 for any bands of frequencies
other than those described in paragraph (3), except
that such percentage may be reduced in accordance with
paragraph (4).
``(3) Excepted frequencies.--The bands of frequencies
described in this paragraph are the following:
``(A) the 216-220 megahertz band, the 1432-1435
megahertz band, the 1710-1755 megahertz band, and the
2385-2390 megahertz band of frequencies; and
``(B) any other band of frequencies reallocated
from Federal use to non-Federal use after January 1,
2003, that is assigned by competitive bidding pursuant
to section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), except for bands of frequencies
previously identified by the National
Telecommunications and Information Administration in
the Spectrum Reallocation Final Report, NTIA Special
Publication 95-32 (1995).
``(4) Reduction of percentage.--If the board of directors
submits to the Congress a statement that--
``(A) projects that the future needs for grants
under subsection (c) has been reduced to the extent
that the percentage specified in paragraph (2) is
likely to yield a surplus in the fund beyond the
amounts needed to meet such needs, and
``(B) specifies a lower percentage that the board
estimates to be sufficient to meet such needs (without
yielding a surplus),
paragraph (2) shall be applied to any auction subject to such
paragraph that is conducted after the date of submission of
such statement by substituting such lower percentage for 50
percent.
``(5) Fund availability.--
``(A) Appropriation.--There are hereby appropriated
from the Fund such sums as are authorized by the board
to be disbursed for grants under this section.
``(B) Reversion of unused funds.--Any grant
proceeds that remain unexpended at the end of the grant
period as determined under subsection (c)(3) shall
revert to and be deposited in the Fund.
``(b) Board of Directors.--
``(1) Establishment.--The Fund shall be administered by the
Administrator of the NTIA, in consultation with a board of
directors comprised of 5 members, appointed by the Secretary,
with experience in one or more of the following fields: grant
and investment management; communications equipment and
software applications; and public safety and emergency
response. The board shall consult with, or include a member or
members from, the Department of Homeland Security.
``(2) Functions.--The board shall--
``(A) establish the reasonable and prudent criteria
for the selection of the grant recipients under this
section;
``(B) determine the amount of the grants awarded;
and
``(C) review the use of funds made by such grant
recipients.
``(3) Compensation prohibited; expenses provided.--The
members of the board shall serve without compensation, but may,
from appropriated funds available for the administrative
expenses of the NTIA, receive travel expenses, including per
diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United
States Code.
``(c) Purpose and Activities of the Trust.--
``(1) Grant purposes.--In order to achieve the objectives
and carry out the purposes of this part, the Administrator is
authorized to make grants, from amounts deposited pursuant to
subsection (a)(2) and from the interest or other income on the
Fund, to implement interoperability and modernization
(including equipment upgrades) for the communications needs of
public safety, fire, emergency, law enforcement, and crisis
management by State and local government agencies and
instrumentalities and nonprofit organizations.
``(2) Grant preference for broader scope of
interoperability.--In making grants from the Fund, the
Administrator shall give preference to eligible entities that
are proposing inter-agency or regional and multi-jurisdictional
interoperability.
``(3) Grant availability.--Grants from the Fund shall be
made available on a single or multi-year basis to facilitate
long term planning and training.
``(d) Eligible Entities.--The following organizations and entities
are eligible to apply for funds under this section:
``(1) an agency or instrumentality of a State or local
government of the United States (including an agency or
instrumentality of a territory or possession of the United
States); and
``(2) a nonprofit agency or organization that is exempt
from taxes under section 501(c)(3) of the Internal Revenue Code
of 1986 and that performs a public safety function, as
determined by the Administrator.
``(e) Permissible Uses of Funds.--Amounts made available by grant
from the fund may be used by eligible entities for equipment, training,
planning, and research for the purposes of upgrading communications and
the interoperability of communications used in public safety, fire,
emergency, law enforcement, and crisis management.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $500,000,000 for fiscal year 2004 and each of
the 2 succeeding fiscal years.
``(g) Reports.--
``(1) By grant recipients.--Each grant recipient shall
submit to the Administrator and the board a report on the use
of the funds provided by the grant, and on the progress made
with respect to the improvement of the grant recipient's
communications capabilities.
``(2) By administrator.--The Administrator shall annually
submit to the Congress a report on the operations of the Fund
and the grants made by the Funds. Such report shall include--
``(A) an identification of the grants made, the
recipients thereof, and the planned uses of the amounts
made available;
``(B) a financial report on the operations and
condition of the Fund; and
``(C) a description of the results of the use of
funds provided by grants under this section, including
the status of interoperability implementation by the
grant recipients.
``(h) Regulations.--The Administrator may prescribe such
regulations as may be necessary and appropriate to carry out this
section.
``(i) Definitions.--As used in this section--
``(1) the term `the Fund' means the Public Safety
Communications Trust Fund established pursuant to subsection
(a); and
``(2) the term `the board' means the board of directors
established pursuant to subsection (b).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Sponsor introductory remarks on measure. (CR H3275)
Referred to the Subcommittee on Telecommunications and the Internet.
Sponsor introductory remarks on measure. (CR H8146)
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