6 U.S.C. § 194 : US Code - Section 194: Enhancement of public safety communications interoperability

Search 6 U.S.C. § 194 : US Code - Section 194: Enhancement of public safety communications interoperability

(a) Coordination of public safety interoperable communications
programs
(1) 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 - 
(A) establish a comprehensive national approach to achieving
public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying out
subparagraph (A);
(C) 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;
(D) 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 - 
(i) the value, life cycle, and technical capabilities of
existing communications infrastructure;
(ii) the need for cross-border interoperability between
States and nations;
(iii) the unique needs of small, rural communities; and
(iv) the interoperability needs for daily operations and
catastrophic events;
(E) 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;
(F) assist other Federal agencies in identifying priorities
for research, development, and testing and evaluation with
regard to public safety interoperable communications;
(G) identify priorities within the Department of Homeland
Security for research, development, and testing and evaluation
with regard to public safety interoperable communications;
(H) establish coordinated guidance for Federal grant programs
for public safety interoperable communications;
(I) 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;
(J) develop and disseminate best practices to improve public
safety communications interoperability; and
(K) 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.
(2) Office for Interoperability and Compatibility
(A) Establishment of Office
The Secretary may establish an Office for Interoperability
and Compatibility within the Directorate of Science and
Technology to carry out this subsection.
(B) Functions
If the Secretary establishes such office, the Secretary
shall, through such office - 
(i) carry out Department of Homeland Security
responsibilities and authorities relating to the SAFECOM
Program; and
(ii) carry out section 321 (!1) of this title.
(3) Authorization of appropriations
There are authorized to be appropriated to the Secretary to
carry out this subsection - 
(A) $22,105,000 for fiscal year 2005;
(B) $22,768,000 for fiscal year 2006;
(C) $23,451,000 for fiscal year 2007;
(D) $24,155,000 for fiscal year 2008; and
(E) $24,879,000 for fiscal year 2009.
(b) Report
Not later than 120 days after December 17, 2004, the Secretary
shall report to the Congress on Department of Homeland Security
plans for accelerating the development of national voluntary
consensus standards for public safety interoperable communications,
a schedule of milestones for such development, and achievements of
such development.
(c) International interoperability
Not later than 18 months after December 17, 2004, the President
shall establish a mechanism for coordinating cross-border
interoperability issues between - 
(1) the United States and Canada; and
(2) the United States and Mexico.
(d) Omitted
(e) Multiyear interoperability grants
(1) Multiyear commitments
In awarding grants to any State, region, local government, or
Indian tribe for the purposes of enhancing interoperable
communications capabilities for emergency response providers, the
Secretary may commit to obligate Federal assistance beyond the
current fiscal year, subject to the limitations and restrictions
in this subsection.
(2) Restrictions
(A) Time limit
No multiyear interoperability commitment may exceed 3 years
in duration.
(B) Amount of committed funds
The total amount of assistance the Secretary has committed to
obligate for any future fiscal year under paragraph (1) may not
exceed $150,000,000.
(3) Letters of intent
(A) Issuance
Pursuant to paragraph (1), the Secretary may issue a letter
of intent to an applicant committing to obligate from future
budget authority an amount, not more than the Federal
Government's share of the project's cost, for an
interoperability communications project (including interest
costs and costs of formulating the project).
(B) Schedule
A letter of intent under this paragraph shall establish a
schedule under which the Secretary will reimburse the applicant
for the Federal Government's share of the project's costs, as
amounts become available, if the applicant, after the Secretary
issues the letter, carries out the project before receiving
amounts under a grant issued by the Secretary.
(C) Notice to Secretary
An applicant that is issued a letter of intent under this
subsection shall notify the Secretary of the applicant's intent
to carry out a project pursuant to the letter before the
project begins.
(D) Notice to Congress
The Secretary shall transmit a written notification to the
Congress no later than 3 days before the issuance of a letter
of intent under this section.
(E) Limitations
A letter of intent issued under this section is not an
obligation of the Government under section 1501 of title 31 and
is not deemed to be an administrative commitment for financing.
An obligation or administrative commitment may be made only as
amounts are provided in authorization and appropriations laws.
(F) Statutory construction
Nothing in this subsection shall be construed - 
(i) 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
(ii) to apply to, or replace, Federal assistance intended
for interoperable communications that is not provided
pursuant to a commitment under this subsection.
(f) 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 - 
(1) describe the current state of communications
interoperability in the applicable jurisdictions among Federal,
State, and local emergency response providers and other relevant
private resources;
(2) describe the available and planned use of public safety
frequency spectrum and resources for interoperable communications
within such jurisdictions;
(3) 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;
(4) 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; and
(5) describe how such 5-year plan meets or exceeds any
applicable standards and grant requirements established by the
Secretary.
(g) Definitions
In this section:
(1) Interoperable communications
The term "interoperable communications" means the ability of
emergency response providers and relevant Federal, State, and
local government agencies to communicate with each other as
necessary, through a dedicated public safety network 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.
(2) Emergency response providers
The term "emergency response providers" has the meaning that
term has under section 101 of this title.
(h) Omitted
(i) Sense of Congress regarding interoperable communications
(1) Finding
The Congress finds that - 
(A) many first responders working in the same jurisdiction or
in different jurisdictions cannot effectively and efficiently
communicate with one another; and
(B) their inability to do so threatens the public's safety
and may result in unnecessary loss of lives and property.
(2) Sense of Congress
It is the sense of Congress that interoperable emergency
communications systems and radios should continue to be deployed
as soon as practicable for use by the first responder community,
and that upgraded and new digital communications systems and new
digital radios must meet prevailing national, voluntary consensus
standards for interoperability.