H.R. 1323House109th Congress (2005-2007)In Committee

Public Safety Interoperability Implementation Act

Introduced March 15, 2005

Legislative Activity

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HouseIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR H8146)

September 20, 2005

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HouseIntro Referral

Introduced in House

March 15, 2005

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

March 15, 2005

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H3275)

March 16, 2005

HouseCommittee

Referred to the Subcommittee on Telecommunications and the Internet.

March 22, 2005

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H8146)

September 20, 2005

Floor Debate

6 members

What members said about H.R. 1323 on the floor

1 Republican5 Democrats
Bart Stupak
Rep. Bart StupakD-MI-1 · Sep 20, 2005

Mr. Speaker, I am pleased to appear here tonight on behalf of the Democratic leader to talk about a problem that we have faced for many, many decades in this country and little or nothing is being…

Bart Stupak
Rep. Bart StupakD-MI-1 · May 16, 2005

Mr. Speaker, today the House of Representatives will overwhelmingly support H. Res. 266, a resolution that pays tribute to Peace Officers Memorial Day, which took place yesterday. This is a special…

Nita M. Lowey
Rep. Nita M. LoweyD-NY-18 · Sep 20, 2005

Mr. Speaker, I want to thank the gentleman for organizing this Special Order and emphasizing over and over again how important this issue is. Frankly, Mr. Speaker, it amazes me that 4 years after…

Allyson Y. Schwartz
Rep. Allyson Y. SchwartzD-PA-13 · Sep 20, 2005

Mr. Speaker, I do appreciate the opportunity to speak with my colleague. Mr. Speaker, I thank the gentleman from Michigan for organizing this evening's conversation on first responder communications.…

Candice S. Miller
Rep. Candice S. MillerR-MI-10 · May 16, 2005

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 266) supporting the goals and ideals of Peace Officers Memorial Day. Mr. Speaker, I yield myself such time as I may…

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Tammy Baldwin
Rep. Tammy BaldwinD-WI-2 · May 16, 2005

Mr. Speaker, I yield myself such time as I might consume. Mr. Speaker, each day peace officers nobly protect our families, friends, and neighbors from crime. Peace officers work to improve the…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 16, 2005

Mr. Speaker, I rise today as a supporter of H. Res. 266, which supports the goals and ideals of Peace Officers Memorial Day. I want to thank Mr. Hefley for introducing this necessary recognition of…

Bill Text

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Introduced in HouseIssued March 15, 2005

I

109th CONGRESS

1st Session

H. R. 1323

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.

1.

Short title

This Act may be cited as the Public Safety Interoperability Implementation Act.

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.

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:

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).

.