6 U.S.C. § 194 — Enhancement of public safety communications interoperability

(a) Coordination of public safety interoperable communications programs. (1) Program. The Secretary of Homeland Security, working with the Secretary of Commerce and the Chairman of the FCC, must set up a program to improve how public safety agencies at every level of government can communicate with each other ("interoperable communications"). This program must: (A) build one comprehensive national approach to achieving interoperable communications; (B) coordinate with other federal agencies on that approach; (C) work with other federal agencies and state and local authorities to set minimum interoperability requirements for federal, state, and local public safety agencies; (D) speed up — working with agencies like the National Institute of Standards and Technology, the private sector, and standards organizations — the creation of national voluntary standards for interoperable communications. This must account for: (i) the value, lifespan, and technical abilities of current communications equipment; (ii) the need for interoperability across state and national borders; (iii) the special needs of small, rural communities; and (iv) interoperability needs for both everyday work and disasters; (E) encourage flexible, open communications systems — using currently available technology where possible, with proper security — for both short-term and long-term interoperability solutions; (F) help other federal agencies set research and testing priorities for interoperable communications; (G) set the Department of Homeland Security's own research and testing priorities for interoperable communications; (H) create coordinated guidance for federal grant programs on interoperable communications; (I) give technical help to state and local public safety agencies on planning, buying strategies, system architecture, and training; (J) develop and share best practices for improving interoperability; and (K) set performance measures and milestones — including the development of voluntary national standards — to track the nation's progress. (2) Office for Interoperability and Compatibility. The Secretary may create this office inside the Science and Technology Directorate to carry out subsection (a). If created, the office must: (i) carry out the Department's responsibilities for the SAFECOM Program, and (ii) carry out section 510 of the Homeland Security Act of 2002 (added by subsection (d)). (3) Authorization of appropriations. Congress may give the Secretary this much money to carry out this subsection: $22,105,000 for 2005; $22,768,000 for 2006; $23,451,000 for 2007; $24,155,000 for 2008; and $24,879,000 for 2009. (b) Report. Within 120 days after December 17, 2004, the Secretary must report to Congress on the Department's plans, schedule, and progress for developing national voluntary standards for interoperable communications. (c) International interoperability. Within 18 months after December 17, 2004, the President must set up a way to coordinate cross-border communications issues between the United States and Canada, and between the United States and Mexico. (d) [Omitted from this title.] (e) Multiyear interoperability grants. (1) Multiyear commitments. When awarding grants to a state, region, local government, or Indian tribe to improve emergency responders' interoperable communications, the Secretary may commit to give federal money beyond the current fiscal year, subject to the limits below. (2) Restrictions. (A) No multiyear commitment can last more than 3 years. (B) The total amount the Secretary commits to future fiscal years under paragraph (1) cannot exceed $150,000,000. (3) Letters of intent. (A) The Secretary may send an applicant a letter of intent promising to pay, from future budget money, an amount — no more than the federal government's share — for an interoperability project, including interest and planning costs. (B) That letter must set a schedule for repaying the applicant's share of costs as money becomes available, if the applicant starts the project after getting the letter but before getting an actual grant. (C) An applicant who gets a letter of intent must tell the Secretary before starting the project. (D) The Secretary must notify Congress in writing at least 3 days before sending out a letter of intent. (E) A letter of intent is not a government obligation under section 1501 of title 31, and is not treated as a binding commitment to pay — an actual obligation can only happen once Congress provides the money through authorization and appropriations laws. (F) Nothing in this subsection stops money from being obligated under a letter of intent in the same fiscal year the letter is issued, or applies to other interoperable-communications funding given outside this subsection. (f) Interoperable communications plans. Anyone applying to the Secretary for interoperable communications funding must first submit an Interoperable Communications Plan for approval. That plan must: (1) describe the current state of interoperability among federal, state, and local responders and other relevant resources in the area; (2) describe the public safety spectrum and resources available and planned for interoperable use; (3) explain how that planned use fits with the interoperability plans of nearby governments, military bases, foreign governments, and critical infrastructure; (4) include a 5-year plan to build a consistent, secure, effective interoperable system — covering planning, design, testing, buying, installing, training, and maintenance; (5) explain how that 5-year plan meets or exceeds the Secretary's standards and grant requirements; (6) describe who helped create the plan and over what time frame; and (7) explain how input was gathered from every part of the jurisdiction, including high-threat urban areas, and how that input will keep being gathered. (g) Definitions. (1) "Interoperable communications" means the ability of emergency responders and relevant government agencies to talk to each other as needed, using a dedicated public safety network, and to exchange voice, data, and video on demand and in real time. (2) "Emergency response providers" has the same meaning given in section 101 of this title. (h) [Omitted from this title.] (i) Sense of Congress regarding interoperable communications. (1) Congress finds that many first responders — within the same jurisdiction or across different ones — cannot effectively communicate with each other, and that this threatens public safety and can needlessly cost lives and property. (2) It is Congress's view that interoperable emergency communication systems and radios should keep being rolled out as soon as practical for first responders, and that new and upgraded digital systems and radios must meet the leading national voluntary standards for interoperability.