**U.S. Department of Justice**

**Law Enforcement Wireless Communications**

**FY 2009 Performance Budget**

**Congressional Submission**

**Table of Contents**

**I. Overview [3](#__RefHeading___Toc188066000)**

**II. Summary of Program Changes [8](#__RefHeading___Toc188066001)**

**III. Appropriations Language and Analysis of Appropriations Language
[9](#__RefHeading___Toc188066002)**

**IV. Decision Unit Justification [10](#__RefHeading___Toc188066003)**

**A. Law Enforcement Wireless Communications
[10](#__RefHeading___Toc188066004)**

**1. Program Description [10](#__RefHeading___Toc188066005)**

**2. Performance Table [12](#__RefHeading___Toc188066006)**

**3. Performance Measure 13**

**V. Program Increases by Item [14](#__RefHeading___Toc188066008)**

**VI. Exhibits [23](#__RefHeading___Toc188066009)**

A.  **Organizational Chart**

> **B. Summary of Requirements**
>
> **C. Program Increases by Decision Unit**

D.  **Resources by DOJ Strategic Goal/Objective**

E.  **Justification for Base Adjustments**

F.  **Crosswalk of 2007 Availability**

G.  **Crosswalk of 2008 Availability**

H.  **Summary of Reimbursable Resources**

I.  **Detail of Permanent Positions by Category**

J.  **Financial Analysis of Program Increases/Offsets**

K.  **Summary of Requirements by Grade**

L.  **Summary of Requirements by Object Class**

M.  **Status of Congressionally Requested Studies, Reports, and
    Evaluations .........N/A**

  -----------------------------------------------------------------------
  **I. Overview**[]{#__RefHeading___Toc188066000 .anchor} **for Law
  Enforcement Wireless Communications (LEWC) Appropriation**

  -----------------------------------------------------------------------

In FY 2009, the Department of Justice (DOJ) Wireless Management Office
(WMO) requests a total of 19 positions, 19 FTE, and \$121,651,000 in
no-year funding to support maintenance, consolidation, enhancement and
replacement of tactical radio communications systems for the DOJ's law
enforcement agencies. This request represents the start of a six-year,
\$1.3 billion non-personnel investment to provide mission essential
communications tools used daily by DOJ agencies in the conduct of
counterterrorism, counterintelligence, law enforcement, and emergency
response missions. The request represents an increase of \$47,391,000
above the FY 2008 enacted level.

The LEWC account provides the resources that are used to maintain the
Department's current tactical communications systems and will be used to
implement the DOJ's portion of the Integrated Wireless Network (IWN) ---
a joint project among the Departments of Justice, Homeland Security and
the Treasury to implement secure, nationwide tactical wireless
communications systems and services. The agencies involved in the IWN
program include:

-   Department of Justice- Federal Bureau of Investigation (FBI); Drug
    Enforcement Administration (DEA); Bureau of Alcohol, Tobacco,
    Firearms, and Explosives (ATF); U.S. Marshals Service (USMS); Bureau
    of Prisons (BOP); and Office of Inspector General (OIG);

-   Department of Homeland Security (DHS)- Immigration and Customs
    Enforcement; Customs and Border Protection; Transportation Security
    Administration; U.S. Secret Service; U.S. Coast Guard; Federal
    Protective Service; and Federal Emergency Management Agency; and

-   Department of the Treasury- Internal Revenue Service and the
    Treasury Inspector General for Tax Administration.

**[Background]{.underline}**

The IWN program is the Department of Justice initiative to provide
secure, interoperable wireless communications that support the missions
of the respective Justice components. DOJ implements IWN in coordination
with the Departments of Homeland Security and Treasury. Through the
DOJ-DHS-Treasury partnership, each department will deploy communications
systems and services that best meet the respective department needs. For
DOJ, the IWN will provide a range of secure and reliable wireless
communications services, including voice, data and multimedia services
that support counterterrorism, counterintelligence, law enforcement and
emergency response operations. DOJ will implement these solutions in a
manner that maximizes interoperability with other federal, state, local
and tribal public safety and homeland security entities, in particular,
the DHS and the Treasury. Where department interests and requirements
overlap, DOJ, DHS and the Treasury will deploy joint systems in order to
maximize economies of scale, reduce utilization of radio spectrum, and
optimize interoperability.

Since its inception, the DOJ WMO has served as the primary program
office for the IWN program. To varying degrees, representatives from the
Departments of Homeland Security and the Treasury also participate in
the IWN program management efforts.

*Origins of the IWN Program*

In July 1998, Congress directed DOJ components to consolidate their
individual efforts to replace their Land Mobile Radio (LMR) systems and
created the DOJ Narrowband Communications Account to centrally fund
conversion to narrowband radio communications. In addition, Congress
directed DOJ to serve as the central purchasing agent for all
communications equipment and to develop an integrated, department-wide
strategic plan to meet the narrowband conversion and interoperability
requirements of DOJ law enforcement agencies. In October 1998, the
Attorney General created the WMO within the Justice Management Division
(JMD), Office of the Chief Information Officer (OCIO), to oversee and
direct DOJ's consolidated approach to wireless communications and to
centrally manage the consolidated wireless account.

Prior to FY 2002, the Departments of Justice and Treasury were
independently pursuing solutions to meet the National Telecommunications
and Information Administration (NTIA) narrowband mandate[^1]. Due to the
similar and complementary nature of the law enforcement missions and the
co-location and overlapping geographic jurisdictions of the two
departments, in November, 2001, the Departments of Justice and Treasury
signed a Memorandum of Understanding (MOU) to improve communications
interoperability between their law enforcement agencies; improve
communications operability between the DOJ and Treasury with other
federal, state, and local law enforcement agencies; achieve cost
efficiencies; and meet the narrowband mandate. The MOU also established
the IWN Joint Program Office (JPO) to provide day-to-day management of
the IWN program. The JPO received senior executive oversight and staff
from both departments.

The establishment of the DHS in November 2002 resulted in the transfer
of several law enforcement agencies from Treasury and the DOJ to DHS,
including components responsible for border protection and immigration
and customs enforcement. In June 2004, the DOJ, DHS, and the Treasury
Chief Information Officers signed an MOU whereby they agreed to develop,
implement, and manage a joint wireless system.

**[Achievements]{.underline}**

*IWN, Northwest*

In December 2004, the DOJ initiated operation of the Seattle/Blaine
pilot system in the State of Washington. The system met the requirements
for a consolidated, multi-agency approach for the wireless communication
needs of the DOJ and its partners. Since then, the pilot system has been
expanded to provide coverage throughout most of Washington State and
south to Portland, Oregon. The system supports over 500 agents from DOJ,
DHS, Treasury and several other federal agencies. According to system
users, the IWN Northwest system better supports the operations of the
agents than any of the agency-specific systems it has replaced. The DOJ
Office of the Inspector General's March 2007 *Progress Report on the
Development of the Integrated Wireless Network* validated these findings
through interviews with representatives from the ATF, FBI, and USMS.
Specific benefits included:

-   Ease of use (no need to change channels when moving from one
    channel's coverage area to another and capable of over-the-air
    re-keying);

-   Increased officer safety due to increased radio usage and an
    emergency alert button on the hand-held radios that allows an
    officer to notify the dispatcher of an emergency situation by
    pressing the button;

-   Better coverage than the legacy systems;

-   Improved clarity of the audio;

-   Improved interoperability with state and local agencies (no need to
    swap radios) for planned events and operations; and

-   Better support for workgroup communications.

*Efficiency*

The success of the Seattle/Blaine Project and its Northwest expansion
also demonstrated the Department's potential to maximize scarce fiscal
and radio spectrum resources through consolidation of component-specific
communications systems; implementation of new multi-agency systems; and
deployment of multi-agency interoperability solutions, such as those
deployed through the 25 Cities Program[^2]. These efforts have yielded
noteworthy results:

-   The Washington State IWN allowed DOJ to reduce the amount of radio
    spectrum use up to 50 percent; reduce radio transmission sites by 40
    percent; eliminate duplicate systems; and maximize infrastructure
    use to expand coverage beyond any single agency's current
    capability.

-   The consolidation of FBI and USMS onto existing FBI infrastructure
    since 2002 has yielded operations and maintenance savings totaling
    more than \$3.8 million.

*Market Competition*

In April 2007, the DOJ completed a multi-phase acquisition that
concluded with a single contract award to General Dynamics C4 Systems of
Scottsdale, Arizona to serve as the primary systems integrator tasked
with deploying the IWN nationwide. Through the procurement, DOJ achieved
several important business objectives:

-   Stimulated maximum competition throughout the process;

-   Obtained creative technical/business proposals, including proposals
    that looked at the extent to which federal tactical communications
    could be met with commercial services/solutions;

-   Acquired the services of an experienced systems integrator to
    address both short-term and long-term needs of the federal agents
    who will use the IWN system; and

-   Stimulated the advancement of interoperable technology and industry
    standards compliance.

**[DOJ Tactical Communication Requirements]{.underline}**

To address the increasing sophistication of criminals and terrorists,
the Department's law enforcement missions require wireless
communications with the following capabilities:

-   Coverage- flexible communications services available wherever agents
    need to operate.

-   Security- voice and data communications must be encrypted.

-   Reliability- communications services must always be available.

-   Interoperability- DOJ agents must be able to communicate with
    agents/officers from other federal, state and local law enforcement
    agencies. The interoperability must be dynamic and achieved rapidly
    in order to account for changing environments and degree of needs
    for officer safety.

-   Flexibility- communication services type depends on mission
    (surveillance, arrest, protective detail, task force coordination,
    incident response).

These capabilities will support the wide range of DOJ agent missions
including, but not limited to: investigative or counterintelligence
surveillance operations; protective details for VIPs; fugitive or other
task force arrest operations; and coordination with state and local law
enforcement during an emergency scenario, as happened after Hurricane
Katrina and more recently, the bridge collapse in Minneapolis, MN.

**[Performance Challenges]{.underline}**

[External]{.underline}: There are many external challenges the WMO has
to address to be successful in meeting its goals, including:

-   Availability of timely and sufficient levels of funding to meet
    technical requirements and agent expectations. Approximately 60% of
    base funding is utilized to support legacy radio systems;

-   Diminishing availability of support for existing radio systems; 73%
    of DOJ's 4,163 radio system sites are no longer supported by the
    manufacturer;

-   Suppliers that cannot deliver equipment and software that meet DOJ
    requirements in a timely and cost-effective manner; and

-   Industry and trade group actions that thwart efforts to standardize
    wireless communications equipment and services.

In addition to the issues above, the Department is under increasing
pressure from Commerce/NTIA to convert all of DOJ's VHF and UHF band LMR
systems to "narrowband" frequencies[^3]. As a consequence, if DOJ legacy
"wideband" operations interfere with other agencies' use of narrowband
frequencies, the NTIA has the authority to require DOJ to cease
operations on the frequency.

[Internal:]{.underline} The primary internal challenge for the WMO will
be ramping up federal and contract staff to expedite the implementation
of the IWN program. The initiative is by far the largest and most
complex Information Technology (IT) project ever undertaken by DOJ.
However, the WMO has plans in place to have all staffing resources ready
to implement when funds are made available.

**[PART Reviews]{.underline}**

This program has not been subject to a PART review by the Office of
Management and Budget.

Electronic copies of the Department of Justice's Congressional Budget
Justifications, Capital Asset Plan, and Business Case exhibits can be
viewed or downloaded from the Internet using the Internet address:
[**http://www.usdoj.gov/jmd/2009justification/**](http://www.usdoj.gov/jmd/2009justification/).

[]{.mark}

  -----------------------------------------------------------------------
  **II. Summary of Program Changes**[]{#__RefHeading___Toc188066001
  .anchor}

  -----------------------------------------------------------------------

[]{.mark}

+------------+---------------------------------+----+----+-------+----+
| []{.mark}  | []{.mark}                       |    |    |       | [  |
|            |                                 |    |    |       | ]{ |
| **Item     | **Description**                 |    |    |       | .m |
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+------------+---------------------------------+----+----+-------+----+
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|            |                                 | ]{ | ]{ | llars |    |
|            |                                 | .m | .m | (\$0  |    |
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|            |                                 | s. | TE |       |    |
|            |                                 | ** | ** |       |    |
+------------+---------------------------------+----+----+-------+----+
| **IWN      | **Execution of the DOJ's phased | *  | *  | **    | ** |
| De         | upgrade and replacement of its  | *0 | *0 | \$43, | 14 |
| ployment** | tactical communications         | ** | ** | 900** | ** |
|            | systems**                       |    |    |       |    |
+------------+---------------------------------+----+----+-------+----+

In FY 2009, the Department of Justice (DOJ) Wireless Management Office
(WMO) requests a total of 19 positions, 19 FTE, and \$121,651,000 in
no-year funding to support maintenance, consolidation, enhancement and
replacement of tactical radio communications systems for the DOJ's law
enforcement agencies. This request represents the start of a six-year,
\$1.3 billion non-personnel investment to provide mission essential
communications tools used daily by DOJ agencies in the conduct of
counterterrorism, counterintelligence, law enforcement, and emergency
response missions. The request represents an increase of \$47,391,000
above the FY 2008 enacted level. These resources will be used to
implement IWN through discrete increments of four deployment phases
which are discussed in the "Decision Unit Justification" section.

  -----------------------------------------------------------------------
  **III. Appropriations Language and Analysis of Appropriations
  Language**[]{#__RefHeading___Toc188066002 .anchor}

  -----------------------------------------------------------------------

**[Appropriations Language]{.underline}**

*[For the costs of developing and implementing a nationwide Integrated
Wireless Network to support federal law enforcement and national
security missions, and for the costs of operation and maintenance of
existing LMR systems,]{.underline}*\[\$74,260,000\]*[\$121,651,000 to
remain available until]{.underline}* \[September 30, 2008\] *[expended:
provided that the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the purpose of
portable and mobile radios, provided further that any transfer made
under the preceding proviso shall be subject to section 505 of this
Act.]{.underline}*

**[Analysis of Appropriations Language]{.underline}**

-   The requested language change to no-year appropriations is
    appropriate given that supporting and implementing tactical
    communications requirements is a complex, multi-year initiative with
    fluctuating annual budget requirements. The Department requests the
    no-year authority, similar to other information technology and/or
    construction-related accounts in DOJ, in order to help neutralize
    the inherent fluctuations and be in the best position to oversee and
    implement the tactical communications on a continuous basis.

  -----------------------------------------------------------------------
  **IV. Decision Unit Justification**[]{#__RefHeading___Toc188066003
  .anchor}

  -----------------------------------------------------------------------

The Law Enforcement Wireless
Communications[]{#__RefHeading___Toc188066004 .anchor} account provides
a funding vehicle to manage all DOJ tactical wireless communications
through an established program management office. This office is charged
with planning, implementing, and sustaining a system that replaces the
existing tactical communications services operated by DOJ components.
For FY 2008, at the enacted level, the decision unit totals 19
positions, 19 FTE, and \$74,260,000.

  ------------------------------------ --------- --------- -------------------
  **Law Enforcement Wireless           **Perm.   **FTE**   **Amount**
  Communications Total**               Pos.**              

  2007 Enacted with Rescissions        **19**    **19**    **\$89,198,000**

  2008 Requirements                    **19**    **19**    **\$74,260,000**

  Adjustments to Base and Technical    **...**   **...**   **\$3,491,000**
  Adjustments                                              

  2009 Current Services                **19**    **19**    **\$77,751,000**

  2009 Program Increases               **...**   **...**   **\$43,900,000**

  2009 Request                         **19**    **19**    **\$121,651,000**

  **Total Change 2008-2009**           **-**     **-**     **\$47,391,000**
  ------------------------------------ --------- --------- -------------------

**[Program Description]{.underline}**[]{#__RefHeading___Toc188066005
.anchor}

Through the IWN program, the DOJ will provide and maintain a range of
secure and reliable wireless communications services, including voice,
data and multimedia services that support counterterrorism,
counterintelligence, law enforcement and emergency response operations.
As such, the IWN program directly supports the Department's strategic
goals:

-   Strategic Goal 1: Prevent Terrorism and Promote the Nation's
    Security (e.g., IWN services allow FBI agents to perform
    counterterrorism, counterintelligence, surveillance and Joint
    Terrorism Task Force operations);

-   Strategic Goal 2: Prevent Crime, Enforce Federal Laws and Represent
    the Rights and Interests of the American People (e.g., IWN services
    are necessary for the daily law enforcement activities of the ATF,
    DEA, FBI and USMS); and

-   Strategic Goal 3: Ensure the Fair and Efficient Administration of
    Justice (e.g., IWN services are used on a daily basis by the U.S.
    Marshals Court Security Officers and judicial protective details).

To summarize, the ATF, DEA, FBI, and USMS cannot perform their core law
enforcement and/ or national security functions without tactical
wireless communications services.

Through partnership with DHS and the Treasury, DOJ will implement the
IWN solutions and services in a manner that maximizes interoperability
with other federal, state, local and tribal public safety and homeland
security entities. In addition, where department interests and
requirements overlap, DOJ, DHS and the Treasury will deploy joint
systems in order to maximize economies of scale, reduce utilization of
radio spectrum, and optimize interoperability.

*Technical Solution*

The long-term technical solution for DOJ's portion of the IWN will be a
hybrid of trunked[^4] and conventional LMR and other technologies, such
as Commercial Wireless Services (CWS) and broadband data services. LMR
systems are needed to support the truly tactical mission activities
(surveillance teams, arrest operations, etc.). However, commercial
services offer agents flexibility and coverage options that the
government owned/operated LMR systems cannot provide within budget
constraints. With modest investments in encryption and gateway
technologies, the DOJ will be able to improve the security and
reliability of CWS and also connect CWS with the LMR systems, providing
a single virtual network. \[Most DOJ agents already have CWS devices, so
the incremental cost for leveraging this communications capability will
be low.\]

The LMR systems will be "trunked" rather than "conventional" wherever
possible because of the ease of use for agents and spectrum/system
efficiency. However, because it is less costly to deploy, conventional
systems will be employed in locations where fixed LMR is needed but
usage is expected to be relatively low. Another cost reduction strategy
will be to limit fixed LMR to urban/suburban areas and deploy mobile LMR
"cells" in rural areas as mission needs dictate.

The DOJ IWN strategy will be implemented in a series of overlapping
phases:

-   Phase I will be the deployment of a 2 or 3 channel solution of
    narrowband VHF LMR, thereby building off of the FBI's legacy system.
    This phase will address FBI and USMS' immediate needs. In addition,
    a similar effort will be developed to address DEA's immediate needs
    in the UHF band. Phase I will be started in 2009.

-   Phase II will be the deployment of a more robust LMR system focused
    on the primary areas of DOJ operation (e.g., urban areas). Based on
    component priorities, the WMO will coordinate the upgrade of the 2
    or 3 channel systems solution to a more robust "trunked" LMR system
    that will host all DOJ components, and where necessary, other
    federal agencies (e.g., DHS, Treasury, Interior, etc.). If the WMO's
    IWN plan is approved and funded as requested, Phase II is estimated
    to be completed by the end of FY 2015.

-   Phase III will be an effort to add security to CWS and connect those
    devices/services with the DOJ LMR systems through Internet Protocol
    gateways. Phase III will be started in 2010 or when funding is made
    available and likely will continue throughout the IWN deployment
    period.

-   Phase IV will be the deployment of broadband services to meet agent
    needs for wireless transmission and receipt of multi-media data that
    require high bandwidths. This phase will be coordinated with ongoing
    efforts to upgrade DOJ component surveillance technologies that are
    funded through the proceeds of the federal spectrum relocation fund.

<table>
<colgroup>
<col style="width: 9%" />
<col style="width: 26%" />
<col style="width: 5%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 7%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="12"><strong>Performance and Resources Table</strong><span
id="__RefHeading___Toc188066006" class="anchor"></span></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Decision Unit: IWN</strong></td>
<td colspan="2"><p><strong>FY 2007</strong></p>
<p><strong>Target</strong></p></td>
<td colspan="2"><p><strong>FY 2007</strong></p>
<p><strong>Actual</strong></p></td>
<td colspan="2"><strong>2008 Requirements</strong></td>
<td colspan="2"><strong>Current Services Adjustments and FY 2009 Program
Change</strong></td>
<td colspan="2"><strong>FY 2009 Request</strong></td>
</tr>
<tr class="odd">
<td colspan="2"><p><strong>DOJ Strategic Goal 1: Prevent Terrorism and
Promote the Nation’s Security</strong></p>
<p><strong>DOJ Strategic Goal 2: Prevent Crime, Enforce Federal Laws and
Represent the Rights and Interests of the American
People</strong></p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Workload/Resources</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>Total Costs and FTE (reimbursable FTE are
included, but reimbursable costs are bracketed and not included in the
total)</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td><strong>19</strong></td>
<td><strong>89198</strong></td>
<td><strong>15</strong></td>
<td><strong>89198</strong></td>
<td><strong>19</strong></td>
<td><strong>74260</strong></td>
<td><strong>19</strong></td>
<td><strong>77751</strong></td>
<td><strong>19</strong></td>
<td><strong>121651</strong></td>
</tr>
<tr class="odd">
<td><strong>TYPE/ STRATEGIC OBJECTIVE</strong></td>
<td><strong>PERFORMANCE</strong></td>
<td colspan="2"><p><strong>FY 2007</strong></p>
<p><strong>Target</strong></p></td>
<td colspan="2"><p><strong>FY 2007</strong></p>
<p><strong>Actual</strong></p></td>
<td colspan="2"><strong>2008 Requirements</strong></td>
<td colspan="2"><strong>Current Services Adjustments and FY 2009 Program
Change</strong></td>
<td colspan="2"><strong>FY 2009 Request</strong></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Program Activity</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
</tr>
<tr class="odd">
<td></td>
<td>IWN</td>
<td>19</td>
<td>89198</td>
<td>15</td>
<td>89198</td>
<td>19</td>
<td>74260</td>
<td>19</td>
<td>77751</td>
<td>19</td>
<td>121651</td>
</tr>
</tbody>
</table>

![](media/image1.wmf)

\(1\) The USMS consolidation onto FBI systems is a phased consolidation
approach; this has caused a deviation from the target to the actual.

\*The WMO intends to use different performance measures for this
six-year investment as soon as targets can be established. As an
example, the following measures would be reported on in the out years:

-   IWN coverage area vs. legacy coverage area

-   Decrease in Legacy system radio sites

-   Counterterrorism investigations aided by the IWN

  -----------------------------------------------------------------------
  **V. Program Increases by Item**[]{#__RefHeading___Toc188066008
  .anchor}

  -----------------------------------------------------------------------

[]{.mark}

[]{.mark}

**Item Name: IWN Deployment**

Budget Decision Unit(s): Law Enforcement Wireless Communications

Strategic Goal(s) & Objective(s): Strategic Goals 1, 2 and 3

Organizational Program: Justice Management Division

Component Ranking of Item: \_\_1\_\_

[]{.mark}

[]{.mark}

Program Increase: [Positions 0 Agt/Atty 0 FTE 0 Dollars
\$43,900,000]{.underline}

[]{.mark}

Description of Item

In FY 2009, the Department of Justice (DOJ) Wireless Management Office
(WMO) requests \$43,900,000 in no-year funding to support maintenance,
consolidation, enhancement and replacement of tactical radio
communications systems for the DOJ's law enforcement agencies. This
request represents the start of a six-year, \$1.3 billion non-personnel
investment to provide mission essential communications tools used daily
by DOJ agencies in the conduct of counterterrorism, counterintelligence,
law enforcement, and emergency response missions.

[]{.mark}

For FY 2009, the Department aims to employ a multi-pronged approach to
providing improved communications capabilities for law enforcement
personnel across the country. This approach would accommodate the
current effort to provide:

> \(I\) 2/3 Channel Narrowband Solution for FBI and USMS in major
> metropolitan areas;
>
> \(II\) Upgraded equipment for the Drug Enforcement Administration's
> use of the Ultra High Frequency band, as well as;
>
> \(III\) Continuation of the Department's IWN implementation in the
> Washington, D.C.-metropolitan area.

One component of this effort is providing an interim technical solution
for law enforcement personnel that would provide additional capabilities
for priority cities across the country. This component of the FY 2009
budget is referred to as 2/3 Channel Narrowband Plan.

[I. 2/3 Channel Narrowband Plan, \$9,500,000]{.underline}

The Department is faced with many challenges as they relate to
regulatory compliance, resources, and lack of manufacturer support for
existing radio systems. However, most of the existing legacy
communications systems do not adequately support the day-to-day law
enforcement requirements of DOJ field agents. Recognizing that full
deployment of the IWN will require 5-6 years, the Department has
developed a plan to provide a minimum reliable capability in each major
metropolitan area. This is strictly an interim action until the IWN is
fully deployed.

The interim plan was initiated in the VHF band in FY 2006 and has
continued in small increments throughout FY 2007 and 2008. If fully
funded at an estimated \$19M, FY 2010 will be the final year of
investments in VHF under the 2/3 Channel Narrowband Plan. The effort
allows the Department to partially move away from the existing wideband,
analog communications technology to narrowband, digital technology,
which is NTIA-compliant.

Figure 1 below shows where DOJ will implement 2/3 narrowband VHF
channels and an itemized cost breakout for FY 2009 and FY 2010. These
cities will be converted to the IWN when funding becomes available in
the out years.

![](media/image2.png){width="6.263194444444444in"
height="4.1618055555555555in"}

Figure 1

2/3 Narrowband Channel City Costs per Year

The cost estimate includes provisions for existing site preparation and
licenses; an estimated number of subscriber devices for DOJ components
with the exception of the DEA; purchase of circuits and requisite
operational costs; and required equipment, vendor labor, system and
acceptance testing.

Some of the benefits that would be available to users include the
following:

-   Improved range;

-   Better voice quality;

-   Advanced Encryption Standard (AES); and

-   Capable of Over-the-Air-Rekeying.

[II. DEA UHF Upgrade, \$9,500,000]{.underline}

Another element of the DOJ plan is to implement an interim upgrade to
the UHF communications system that supports DEA agents.

The DEA's legacy radio system is UHF-based, and not compatible with any
other Department components' VHF system. The majority of DEA's radios
and supporting infrastructure are obsolete. In fact, 81 percent of DEA's
mobile radios and 75 percent of the radio infrastructure are at least 14
years old. Obsolete systems are no longer supported by the manufacturer
and spare parts are difficult to acquire, and put agents' lives at risk.
Since spare parts cannot be found from shelved or surplus radios,
maintenance is essentially a "custom service." It is not practical or
feasible to convert DEA to VHF as an interim action (DOJ examined this
alternative thoroughly, but found it to be operationally unworkable
because of the way DEA operates its surveillance and task force
operations.)

For FY 2009, \$9,500,000 is requested to provide digital, narrowband
equipment for DEA radio sites across the country. The priority sites
would be identified by the DEA. Since DEA legacy systems are currently
analog, wideband systems, DEA subscriber devices will be programmed in
"mixed mode" to allow agents traversing from a digital system to an
analog system to simply switch from Zone "A" to Zone "B" to switch
between legacy and new systems. This process is a software programmable
feature of the new infrastructure and subscriber devices and should
provide for an almost seamless transition.

[III. Trunked LMR]{.underline}

The foundation of the DOJ IWN systems is trunked VHF radio. A trunked
radio system is one that allows providers to maximize available capacity
in a two-way radio system. Users are given a talk group to share their
communications, rather than a dedicated frequency, thus allowing for the
most efficient use of radio spectrum. Trunked systems differ from
conventional ones in that a conventional one uses a dedicated channel
for each group of users, while trunked systems use a pool of channels.

A trunked radio system takes advantage of the probability that in any
given number of user units, not everyone will need channel access at the
same time. Therefore, fewer discrete radio channels are required, but a
greater number of users are accommodated, all of which are transparent
to the user.

The Department realized many successes with its trunked radio systems in
Seattle/Blaine and its Northwest expansion. As noted earlier, the
Washington State IWN allowed the Department to reduce the amount of
radio spectrum use by up to 50 percent; reduce radio transmission sites
by 40 percent; eliminate duplicate systems; and maximize infrastructure
use to expand coverage beyond any single agency's current capability.

In response to components' requests and needs, the Department proposes
to implement a trunked radio communications solution in the Washington,
D.C.-metropolitan area. The technical proposal and cost estimates herein
are based on the successes, lessons learned, and costs incurred for
developing, installing, and operating the Seattle/Blaine IWN solution.

[Washington, D.C., \$24,900,000]{.underline}

The Washington, D.C.-metropolitan area has one of the largest Federal
agent populations and requirements for interoperability with multiple
federal, state and local jurisdictions or organizations. Given the
current state of agency legacy communication systems and imminent
threats from terrorist organizations on the nation's capital, the
Department is requesting \$24,900,000 in FY 2009 to implement a secure,
wireless communications network so that federal, state and local law
enforcement agents can seamlessly execute multi-jurisdictional
operations.

An itemized cost breakout for this initiative follows here:

  ---------------------------------------------------- ------------------
  **Item**                                             **Amount**

  Site construction and/or preparation                 \$1,125,000
  (existing/legacy site)                               

  Site construction (new sites)                        \$1,650,000

  Site license (recurring)                             \$400,000

  Subscriber device (mobile or portable)               \$8,061,000

  Circuit (base cost)                                  \$20,000

  Circuit (operation)                                  \$144,000

  Fixed Network Equipment                              \$4,000,000

  Master Site                                          \$5,000,000

  Vendor build, installation, and optimization         \$4,500,000

  **Total**                                            **\$24,900,000**
  ---------------------------------------------------- ------------------

The cost estimate includes requirements for new site construction,
licensing, subscriber devices, circuit purchase and operation, fixed
network equipment, master site establishment, vendor labor, system
testing, tuning, and acceptance testing.

![](media/image3.png){width="4.0in" height="3.4298611111111112in"}

Figure 2

Anticipated Coverage, Washington, D.C.-metropolitan area

**[The Overall Plan]{.underline}**

The FY 2009 request is the first significant increment of a six-year
investment necessary for the Department to provide effective tactical
communications systems and services for its field agents, nationwide.
The WMO estimates the multi-year effort will require a capital
investment of \$1.3 billion in non-personnel resources. The request
assumes a phased approach, allowing for a methodical nationwide
implementation of the new capabilities. Figure 3 has been provided to
demonstrate resource requirements by fiscal year for the current plan of
action.

  ----------------------- ---------- ---------- ---------- ---------- ---------- ---------- ----------
                          **2009**   **2010**   **2011**   **2012**   **2013**   **2014**   **2015**

  O&M                     65         68         73         79         84         88         90

  Program Management      13         20         20         20         17         15         15

  System Deployment       44         350        260        260        230        150        \--

  **Total (\$ in          **122**    **438**    **353**    **359**    **331**    **253**    **105**
  millions)**                                                                               
  ----------------------- ---------- ---------- ---------- ---------- ---------- ---------- ----------

**Figure 3**

**Resource Requirements by Fiscal Year**

  

As depicted above, the DOJ expects to require steady funding increases
through 2010, holding constant in 2012, and then tapering off the last
two years of investment activity. After all new investment activities
are completed; the 2015 requirement to sustain the program is expected
to be \$105 million.

[]{.mark}

As part of the overall program plan, the WMO expects to contract with an
independent entity to perform Independent Validation and Verification
(IV&V) for the IWN investment. The WMO expects to dedicate \$1 million
annually to this activity throughout the investment lifecycle, beginning
in FY 2009.

[]{.mark}

Justification

To address the increasing sophistication of criminals and terrorists,
the DOJ's law enforcement missions require wireless communications with
the following capabilities:

-   Coverage- flexible communications services available wherever agents
    need to operate.

-   Security- voice and data communications must be encrypted.

-   Reliability- communications services must always be available.

-   Interoperability- DOJ agents must be able to communicate with agents
    and officers from other federal, state and local law enforcement
    agencies. The interoperability must be dynamic and achieved rapidly
    in order to account for changing environments and degree of needs of
    officer safety.

-   Flexibility- communication services type depends on mission
    (surveillance, arrest, protective detail, task force coordination,
    incident response).

These capabilities will support the wide range of DOJ agent missions
including, but not limited to: investigative or counterintelligence
surveillance operations; protective details for VIPs; fugitive or other
task force arrest operations; and coordination with state and local law
enforcement during an emergency scenario, as happened after Hurricane
Katrina and more recently, the bridge collapse in Minneapolis, MN.

*State of Legacy Communication Systems*

The majority of the Department's LMR communications systems that are
currently in use are over 10 years old and function in an analog mode
rather than a digital mode, which means they have limited functionality
and diminished voice communications quality. Most DOJ systems: 1) are
not narrowband compliant; 2) do not provide appropriate encryption to
protect sensitive Law Enforcement/ Counterterrorism/ Counterintelligence
information and ensure agent safety; 3) are no longer supported by the
manufacturer; 4) provide little to no interoperability with any other
agency; and cannot facilitate wireless data transfers. The following
table describes the DOJ law enforcement components' legacy wireless
communications systems and shows the age and functional limitations of
those systems.

***DOJ Component Legacy Communications Systems***

  ---------------- ------------ ------------ ------------ ------------ ------------ ------------ --------------
  Component        Number of    Average Age  Percent of   Systems      Percent of   Percent of   Percent of
                   System       of Systems   Systems not  Frequency    Systems      Systems      Systems
                   Sites[^5]    (Years)      Narrowband   Type         Lacking OTAR Lacking      Obsolete[^7]
                                             Compliant                 Capability   AES[^6]      

  Bureau of        466          10           0%           Very High    100%         100%         0%
  Alcohol,                                                Frequency                              
  Tobacco,                                                                                       
  Firearms, and                                                                                  
  Explosives                                                                                     

  Drug Enforcement 640          13           76%          Ultra High   24%          100%         71%
  Administration                                          Frequency                              

  Federal Bureau   3,057        12           91%          Very High    95%          93%          84%
  of Investigation                                        Frequency                              

  U.S.Marshals     Not          Not          Not          Not          Not          Not          Not Applicable
  Service          Applicable   Applicable   Applicable   Applicable   Applicable   Applicable   

  TOTAL            4,163                     79%                       85%          95%          73%
  ---------------- ------------ ------------ ------------ ------------ ------------ ------------ --------------

Source: U.S. Department of Justice, Office of the Inspector General,
*[Progress Report on Development of the Integrated Wireless Network in
the Department of Justice]{.underline}*, March 2007

*Funding*

The OIG's report cited uncertain funding as the IWN program's biggest
risk for failure: "there is substantial uncertainty that the program
will be adequately funded[^8]." Over the past 7 years, almost two-thirds
of the WMO's appropriations have out of necessity funded the operation
and maintenance of existing legacy systems. Thus, very limited funding
was available for new systems/services. The available for "investment"
has been allocated to buy new mobile and hand-held radios (the highest
stated priority of the components), the IWN Northwest system, and
emergency needs of the components (e.g., replacement of systems damaged
by the 2005 hurricanes), and operations and maintenance costs of legacy
systems. In FY 2008, legacy systems operations and maintenance costs
will consume 72% of the LEWC account. At that rate, and without a major
increase in funding, the IWN program will not be completed. Even more
challenging, the costs to simply replace legacy systems on a 1-for-1
basis will exceed \$900 million over the next six years and will still
not address the problem of "stove-pipe" communications among DOJ
components and would only marginally address interoperability.

While the FY 2009 budget request does not address the funding shortfall
that the OIG recognized has hindered the program to date, the WMO has
devised a governance structure that will position resources to manage
full scale implementation activities as soon as funding is made
available.

*Partnership and Governance*

The second most significant risk factor cited in the OIG report on IWN
was the strained partnership between DOJ and DHS. The OIG noted the
disparate departmental funding mechanisms in DHS that allow DHS
components to pursue separate wireless communications solutions apart
from IWN. The OIG also noted that DHS had not fully committed to the
initial IWN vision nor had fulfilled all of their resource commitments
(e.g., funding and program management staff). To address these concerns,
DOJ senior management has met with DHS counterparts and consulted with
Treasury counterparts. These conversations have resulted in a new
agreement that recognizes the practical constraints of an
inter-departmental partnership, but also provides a framework for DOJ,
DHS, and Treasury to pursue the following objectives: (1) effective
interoperability amongst federal law enforcement/homeland security
agents; (2) interoperability between the federal agencies and the state
and local agencies with which we partner; (3) interagency leveraging of
federal investments in communications infrastructure; and, (4) support
for and endorsement of standards-based technologies that stimulate
improved interoperability, functionality and market competition. This
agreement has been codified into a new inter-departmental MOU that has
been signed by the Deputy Attorney General and the Deputy Secretary of
DHS. DOJ expects the Deputy Secretary for the Treasury to sign the MOU
shortly.

A third significant factor identified by the OIG IWN report was an
ineffective governance structure for the project. Specifically, the OIG
recommended that the IWN governance process be revised to better account
for input and viewpoints from the DOJ components participating in the
program. The Department is restructuring internal and interagency
governance processes to address these concerns.

Impact on Performance (Relationship of Increase to Strategic Goals)

The DOJ will provision and maintain a range of secure and reliable
wireless communications services, including voice, data and multimedia
services that support counterterrorism, counterintelligence, law
enforcement and emergency response operations. As such, providing and
supporting tactical wireless law enforcement communications directly
supports the Department's strategic goals:

-   Strategic Goal 1: Prevent Terrorism and Promote the Nation's
    Security (e.g., IWN services allow FBI agents to perform
    counterterrorism, counterintelligence, surveillance and Joint
    Terrorism Task Force operations);

-   Strategic Goal 2: Prevent Crime, Enforce Federal Laws and Represent
    the Rights and Interests of the American People (e.g., IWN services
    are necessary for the daily law enforcement activities of the ATF,
    DEA, FBI and USMS); and

-   Strategic Goal 3: Ensure the Fair and Efficient Administration of
    Justice (e.g., IWN services are used on a daily basis by the U.S.
    Marshals Court Security Officers and judicial protective details).

If sufficient funding for IWN is not provided, the Department will miss
a critical opportunity to provide more effective communications support
to its law enforcement agents in the field. Failure to upgrade and
replace DOJ components' antiquated communications systems, with or
without the IWN, will jeopardize the safety of DOJ field agents, and
impede their ability to protect the country from terrorism, espionage
and violent crime. Further, the failure of the IWN project will
represent significant missed opportunities to achieve cost and spectrum
efficiencies and needed communications interoperability between federal
law enforcement agencies.

**Funding**

Base Funding

[]{.mark}

<table style="width:100%;">
<colgroup>
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 14%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 13%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 15%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="4"><p id="fy-2007-enacted-wresc.supps" class="heading"> FY
2007 Enacted (w/resc./supps)</p></td>
<td colspan="4"><p id="fy-2008-requirements" class="heading">FY 2008
Requirements</p></td>
<td colspan="4"><p id="fy-2009-current-services" class="heading">FY 2009
Current Services</p></td>
</tr>
<tr class="even">
<td>Pos</td>
<td><p>agt/</p>
<p>atty</p></td>
<td>FTE</td>
<td>$(000)</td>
<td>Pos</td>
<td><p>agt/</p>
<p>atty</p></td>
<td>FTE</td>
<td>$(000)</td>
<td>Pos</td>
<td><p>Agt/</p>
<p>atty</p></td>
<td>FTE</td>
<td>$(000)</td>
</tr>
<tr class="odd">
<td>19</td>
<td>-</td>
<td>19</td>
<td>$89,198</td>
<td>19</td>
<td>-</td>
<td>19</td>
<td>$74,260</td>
<td>19</td>
<td>-</td>
<td>19</td>
<td>$77,751</td>
</tr>
</tbody>
</table>

[]{.mark}

Non-Personnel Increase Cost Summary

+----------------+------------+------------+------------+-------------+
| Non-Personnel  | Unit Cost  | Quantity   | FY 2009    | FY 2010 Net |
| Item           |            |            | Request    |             |
|                |            |            |            | An          |
|                |            |            | (\$000)    | nualization |
|                |            |            |            |             |
|                |            |            |            | (Change     |
|                |            |            |            | from 2009)  |
|                |            |            |            |             |
|                |            |            |            | (\$000)     |
+----------------+------------+------------+------------+-------------+
| IWN Deployment | N/A        | N/A        | \$43,900   | \$311,000   |
+----------------+------------+------------+------------+-------------+
| Total          | N/A        | N/A        | \$43,900   | \$311,000   |
| Non-Personnel  |            |            |            |             |
+----------------+------------+------------+------------+-------------+

[]{.mark}

Total Request for this Item

[]{.mark}

+---------------+-----+-----+-----+----------+---------+-------------+
| []{.mark}     | Pos | Ag  | FTE | P        | Non-Pe  | Total       |
|               |     | t/A |     | ersonnel | rsonnel |             |
| []{.mark}     |     | tty |     |          |         | (\$000)     |
|               |     |     |     | (\$000)  | (\$000) |             |
+---------------+-----+-----+-----+----------+---------+-------------+
| Current       | 19  | 1   | 19  | \$2,941  | \       | \$77,751    |
| Services      |     |     |     |          | $74,810 |             |
+---------------+-----+-----+-----+----------+---------+-------------+
| Increases     | 0   | 0   | 0   | \$0      | \       | \$43,900    |
|               |     |     |     |          | $43,900 |             |
+---------------+-----+-----+-----+----------+---------+-------------+
| Grand Total   | 19  | 1   | 19  | \$2,941  | \$      | \$121,651   |
|               |     |     |     |          | 118,710 |             |
+---------------+-----+-----+-----+----------+---------+-------------+

  -----------------------------------------------------------------------
  **VI. Exhibits**[]{#__RefHeading___Toc188066009 .anchor}

  -----------------------------------------------------------------------

[^1]: In 1995, the (NTIA) issued a mandate to all Federal Agencies to
    adopt new narrowband technologies that allow greater spectrum
    efficiency for all LMRs used by the federal government. This was
    done to allow for more efficient use of existing radio spectrum as
    demands on federal communications expand causing increased
    congestion within the Very High Frequency (VHF) and Ultra High
    Frequency (UHF) spectrum bands.

[^2]: The "25 Cities" Project was developed at the request of the House/
    Senate Commerce, Justice, Science Appropriations Subcommittee staff
    in 2003 to provide federal law enforcement/ homeland security
    agencies with the ability to inter-connect and also communicate with
    key local authorities in 25 high risk metropolitan areas.

[^3]: The NTIA "narrowband mandate" required all federal agencies to
    convert their LMR systems to operate on 12.5 kHz channels by January
    1, 2005. DOJ is the largest user of VHF frequencies and we have
    converted the lowest percentage of our systems. As a consequence,
    DOJ LMR systems are making it difficult for other agencies to
    utilize VHF frequencies. The NTIA mandate for UHF narrowband
    conversion is January 1, 2008. The Department does not have the
    resources to meet this deadline either.

[^4]: Trunking systems, using frequency trunked technology, were
    developed to use radio spectrum more efficiently, while offering a
    more sophisticated, private, and efficient way of communicating with
    other agents. Unlike conventional technology, trunking allows for
    the automatic sharing of multiple radio channels.

[^5]: For the purpose of the OIG Audit, this is a comparison of the
    number of radio sites per reported system. Radio sites are typically
    the basic cost unit of a communications system.

[^6]: The Advanced Encryption Standard (AES) is an encryption algorithm
    that was approved by the National Institute of Standards and
    Technology in November 2001 for use by U.S. Government organizations
    to protect sensitive information. This algorithm replaces the Data
    Encryption Standard (DES) that has been in use since 1977 and is no
    longer approved for federal use.

[^7]: For the purpose of the OIG Audit, obsolete systems were defined
    are systems that are no longer supported by the manufacturer.

[^8]: Pgs. xii, U.S. Department of Justice, Office of the Inspector
    General, *[Progress Report on Development of the Integrated Wireless
    Network in the Department of Justice]{.underline}*, March 2007