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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3465 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3465

To reserve certain proceeds from the auction of spectrum, including the 
 auction of the D-block of spectrum, for use to provide interoperable 
                  devices to public safety personnel.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2008

  Mr. Wicker introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To reserve certain proceeds from the auction of spectrum, including the 
 auction of the D-block of spectrum, for use to provide interoperable 
                  devices to public safety personnel.

    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 ``Reliable, Effective, and Sustained 
Procurement of New Devices for Emergency Responders Act of 2008'' or 
the ``RESPONDER Act of 2008''.

SEC. 2. RESERVE OF CERTAIN AUCTION PROCEEDS FOR USE TO PROVIDE 
              INTEROPERABLE DEVICES.

    Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)) is amended--
            (1) in subparagraph (A), by striking ``subparagraphs (B), 
        (D), and (E)'' and inserting ``subparagraphs (B), (D), (E), and 
        (F)'';
            (2) in subparagraph (C)(i), by inserting before the 
        semicolon at the end the following: ``or subparagraph (F)''; 
        and
            (3) by adding at the end the following:
                    ``(F) Transfer of certain auction proceeds for use 
                to provide interoperable devices.--
                            ``(i) Establishment of trust fund.--
                                    ``(I) In general.--There is 
                                established in the Treasury of the 
                                United States a trust fund to be known 
                                as the `First Responders Interoperable 
                                Device Availability Trust Fund', 
                                consisting of such amounts as shall be 
                                deposited under subclause (II).
                                    ``(II) Transfer of amounts.--
                                Notwithstanding subparagraphs (A) and 
                                (E) or any other provision of law, 
                                there shall be deposited in the First 
                                Responders Interoperable Device 
                                Availability Trust Fund--
                                            ``(aa) 5 percent of the net 
                                        proceeds (including deposits 
                                        and upfront payments from 
                                        successful bidders) from the 
                                        use of the competitive bidding 
                                        system established under this 
                                        subsection; and
                                            ``(bb) 100 percent of the 
                                        net proceeds (including 
                                        deposits and upfront payments 
                                        from the successful bidders) 
                                        from the use of a competitive 
                                        bidding system under this 
                                        subsection with respect to the 
                                        D-block of licenses.
                            ``(ii) Grant program.--
                                    ``(I) Establishment.--
                                            ``(aa) Transfer.--The 
                                        Secretary of the Treasury shall 
                                        transfer to the Administrator 
                                        of the National 
                                        Telecommunications and 
                                        Information Administration 
                                        amounts in the First Responders 
                                        Interoperable Device 
                                        Availability Trust Fund to be 
                                        used by the Administrator to 
                                        make grants in accordance with 
                                        the requirements of this clause 
                                        to States and Indian tribes--

                                                    ``(AA) to purchase 
                                                interoperable devices 
                                                meeting the 
                                                requirements of 
                                                subclause (III); or

                                                    ``(BB) to 
                                                distribute funds to 
                                                local public safety 
                                                entities in order for 
                                                such entities to use 
                                                the funds to directly 
                                                purchase such 
                                                interoperable devices.

                                            ``(bb) Condition of 
                                        grants.--

                                                    ``(AA) Cost 
                                                share.--In order to 
                                                obtain a grant under 
                                                this clause, a State or 
                                                Indian tribe shall 
                                                agree to provide for 
                                                each interoperable 
                                                device to be purchased 
                                                by the State or Indian 
                                                tribe, from non-Federal 
                                                sources, an amount 
                                                equal to the difference 
                                                (if any) between the 
                                                actual cost of 
                                                purchasing that 
                                                interoperable device 
                                                and $1,000.

                                                    ``(BB) Other 
                                                conditions.--The 
                                                Administrator shall, in 
                                                coordination with the 
                                                Director of the Office 
                                                of Emergency 
                                                Communications within 
                                                the Department of 
                                                Homeland Security, 
                                                develop such additional 
                                                conditions and 
                                                requirements that a 
                                                State or Indian tribe 
                                                shall meet in order to 
                                                obtain a grant under 
                                                this clause as the 
                                                Administrator and the 
                                                Director determine 
                                                necessary.

                                            ``(cc) Reserve for breakage 
                                        or loss.--

                                                    ``(AA) In 
                                                general.--Of the total 
                                                amount of grant funds 
                                                made available to a 
                                                State or Indian tribe 
                                                under this clause, the 
                                                State or Indian tribe 
                                                shall set aside, 
                                                reserve, or otherwise 
                                                allocate not less than 
                                                1 percent of such 
                                                amounts to a reserve 
                                                fund from which the 
                                                State or Indian tribe 
                                                may distribute funds to 
                                                local public safety 
                                                entities for repair, 
                                                maintenance, or loss of 
                                                the interoperable 
                                                devices purchased by 
                                                the State or Indian 
                                                tribe and distributed 
                                                to such agencies 
                                                pursuant to this 
                                                subparagraph or 
                                                purchased directly by 
                                                local public safety 
                                                entities with any 
                                                amounts distributed to 
                                                such entities under 
                                                subclause (VII).

                                                    ``(BB) 
                                                Application.--In order 
                                                to be eligible to 
                                                receive funds for 
                                                repair, maintenance, or 
                                                loss as described in 
                                                subitem (AA), a local 
                                                public safety entity 
                                                shall submit an 
                                                application at such 
                                                time, in such form, and 
                                                with such information 
                                                and assurances as a 
                                                State or Indian tribe 
                                                may require.

                                                    ``(CC) NTIA 
                                                review.--Not later than 
                                                1 year after the date 
                                                of enactment of this 
                                                subparagraph, and each 
                                                year thereafter, the 
                                                Administrator shall 
                                                review the ability of 
                                                each reserve fund 
                                                established under 
                                                subitem (AA) to 
                                                determine if the 1-
                                                percent set aside 
                                                requirement is 
                                                sufficient to meet the 
                                                repair, maintenance, 
                                                and loss replacement 
                                                needs of the State or 
                                                Indian tribe. If the 
                                                Administrator 
                                                determines that the 1-
                                                percent set aside 
                                                requirement is not 
                                                sufficient, the 
                                                Administrator may by 
                                                rule increase the set 
                                                aside requirement up to 
                                                a maximum of 5 percent 
                                                of the total amount of 
                                                grant funds made 
                                                available to a State or 
                                                Indian tribe.

                                            ``(dd) Reserve for 
                                        administrative costs.--Of the 
                                        total amount of grant funds 
                                        made available to a State or 
                                        Indian tribe under this clause, 
                                        a State or Indian tribe may 
                                        reserve not more than 5 percent 
                                        for administrative costs 
                                        associated with the management 
                                        and distribution of such funds.
                                    ``(II) Bulk purchases.--A State or 
                                Indian tribe may use any grant funds 
                                received under subclause (I) to 
                                purchase interoperable devices meeting 
                                the requirements of subclause (III) on 
                                a bulk basis.
                                    ``(III) Device requirements.--
                                Interoperable devices purchased with 
                                funds authorized for grants under 
                                subclause (I) shall--
                                            ``(aa) provide both mobile 
                                        satellite and terrestrial based 
                                        wireless service;
                                            ``(bb) be based on an open 
                                        source platform;
                                            ``(cc) be devices intended 
                                        for use by public safety 
                                        personnel and certified for use 
                                        on the interoperable network or 
                                        networks built to serve public 
                                        safety within the 700 MHz band, 
                                        as agreed to by the Public 
                                        Safety Broadband Licensee, or 
                                        its successors, and its 
                                        commercial partners, in 
                                        accordance with rules and 
                                        regulations promulgated by the 
                                        Commission;
                                            ``(dd) be compatible with 
                                        any other platform, spectrum, 
                                        or wireless network used or 
                                        reserved for use by the State 
                                        with respect to interoperable 
                                        communications within that 
                                        State; and
                                            ``(ee) satisfy any other 
                                        interoperable device 
                                        requirements established as of 
                                        the date of such purchase by 
                                        the Secretary of Homeland 
                                        Security, the Administrator, or 
                                        the Commission.
                                    ``(IV) Coordination.--In carrying 
                                out the grant program established under 
                                this clause, the Administrator shall 
                                coordinate its efforts to establish 
                                interoperable device requirements under 
                                subclause (III) with the head of any 
                                other Federal agency responsible for 
                                establishing standards related to 
                                interoperable devices.
                                    ``(V) Administrative costs.--Not 
                                more than 5 percent of the amounts 
                                transferred to the Administrator in 
                                accordance with subclause (I) may be 
                                used for the administrative costs of 
                                the National Telecommunications and 
                                Information Administration.
                                    ``(VI) Application.--In order to be 
                                eligible to receive a grant under this 
                                clause, a State or Indian tribe shall 
                                submit an application at such time, in 
                                such form, and with such information 
                                and assurances as the Administrator may 
                                require.
                                    ``(VII) Grant cycles.--
                                            ``(aa) 2012.--

                                                    ``(AA) In 
                                                general.--Beginning in 
                                                fiscal year 2012, the 
                                                Administrator shall 
                                                award grants to States 
                                                and Indian tribes to 
                                                purchase interoperable 
                                                devices meeting the 
                                                requirements of 
                                                subclause (III) or to 
                                                distribute funds to 
                                                local public safety 
                                                entities in order for 
                                                such entities to use 
                                                the funds to directly 
                                                purchase such 
                                                interoperable devices.

                                                    ``(BB) Total 
                                                awards.--The total 
                                                amount of grants 
                                                awarded under subitem 
                                                (AA) shall not exceed 
                                                $250,000,000.

                                            ``(bb) 2013 and beyond.--

                                                    ``(AA) In 
                                                general.--Beginning in 
                                                fiscal year 2013 and 
                                                continuing in each 
                                                fiscal year thereafter, 
                                                the Administrator shall 
                                                award grants to States 
                                                and Indian tribes to 
                                                purchase interoperable 
                                                devices meeting the 
                                                requirements of 
                                                subclause (III) or to 
                                                distribute funds to 
                                                local public safety 
                                                entities in order for 
                                                such entities to use 
                                                the funds to directly 
                                                purchase such 
                                                interoperable devices.

                                                    ``(BB) Total 
                                                awards.--The total 
                                                amount of grants 
                                                awarded under subitem 
                                                (AA) shall not exceed 
                                                20 percent of the total 
                                                amount held in the 
                                                First Responders 
                                                Interoperable Device 
                                                Availability Trust 
                                                Fund, as such amount is 
                                                determined on the last 
                                                day of the prior fiscal 
                                                year.

                                            ``(cc) Formula.--Any funds 
                                        distributed under item (aa) or 
                                        item (bb) shall be based on a 
                                        formula established by the 
                                        Administrator.
                                            ``(dd) Baseline amounts.--
                                        Any formula developed by the 
                                        Administrator under item (cc), 
                                        shall ensure that--

                                                    ``(AA) each State 
                                                (excluding territories 
                                                and possessions) shall 
                                                receive, at a minimum, 
                                                an amount equal to .50 
                                                percent of the total 
                                                funds made available 
                                                under this clause;

                                                    ``(BB) each 
                                                territory shall 
                                                receive, at a minimum, 
                                                an amount equal to .05 
                                                percent of the total 
                                                funds made available 
                                                under this clause; and

                                                    ``(CC) each Indian 
                                                tribe shall receive, at 
                                                minimum, a fixed amount 
                                                to be determined by the 
                                                Administrator.

                                            ``(ee) Priority 
                                        distribution of remaining 
                                        funds.--The funds remaining for 
                                        distribution under this clause 
                                        after allocation of the 
                                        baseline amounts under item 
                                        (dd) shall be distributed to 
                                        State and Indian Tribes based 
                                        upon all-hazard risk, unmet 
                                        financial need, and per capita 
                                        income criteria established by 
                                        the Administrator.
                                    ``(VIII) Distribution of devices or 
                                funds to public safety entities.--
                                            ``(aa) In general.--Not 
                                        later than 180 days after 
                                        receiving grant funds under 
                                        subclause (I), a State or 
                                        Indian tribe shall make 
                                        available--

                                                    ``(AA) the 
                                                interoperable devices 
                                                purchased with such 
                                                funds to local public 
                                                safety entities located 
                                                in that State or Indian 
                                                tribe; or

                                                    ``(BB) such funds 
                                                to local public safety 
                                                entities.

                                            ``(bb) Application.--

                                                    ``(AA) In 
                                                general.--In order to 
                                                be eligible to receive 
                                                an interoperable device 
                                                under this clause, a 
                                                local public safety 
                                                entity shall submit an 
                                                application at such 
                                                time, in such form, and 
                                                with such information 
                                                and assurances as the 
                                                State or Indian tribe 
                                                may require.

                                                    ``(BB) Limitation 
                                                on application for 
                                                replacement devices.--A 
                                                local public safety 
                                                entity that receives an 
                                                interoperable device 
                                                under this clause may 
                                                submit an application 
                                                for additional 
                                                replacement devices 
                                                once every 5 years.

                                            ``(cc) Limitations.--

                                                    ``(AA) In 
                                                general.--Grant funds 
                                                distributed from a 
                                                State or Indian tribe 
                                                to a local public 
                                                safety entity under 
                                                this clause shall not 
                                                exceed $1,000 per 
                                                eligible public safety 
                                                official under the 
                                                jurisdiction of such 
                                                entity.

                                                    ``(BB) Required use 
                                                of funds.--A local 
                                                public safety entity 
                                                receiving grant funds 
                                                from a State or Indian 
                                                tribe under this clause 
                                                shall use such funds to 
                                                purchase interoperable 
                                                devices that satisfy 
                                                all the requirements 
                                                described in subclause 
                                                (III) and that have 
                                                been approved by both 
                                                the State or Indian 
                                                tribe and the 
                                                Administrator.

                                                    ``(CC) Priority.--A 
                                                State or Indian tribe 
                                                that receives grant 
                                                funds pursuant to this 
                                                clause shall distribute 
                                                such funds to local 
                                                public safety entities 
                                                based upon all-hazard 
                                                risk, unmet financial 
                                                need, and per capita 
                                                income criteria 
                                                established by the 
                                                Administrator.

                            ``(iii) Credit.--The Administrator may 
                        borrow from the Treasury such sums as may be 
                        necessary to implement this subparagraph. The 
                        Administrator shall reimburse the Treasury, 
                        without interest, as funds are deposited into 
                        the First Responders Interoperable Device 
                        Availability Trust Fund.
                            ``(iv) Trust fund.--
                                    ``(I) Trustee and report.--The 
                                Secretary of the Treasury shall be the 
                                trustee of the First Responders 
                                Interoperable Device Availability Trust 
                                Fund, and shall submit an annual report 
                                to the Committee on Finance of the 
                                Senate, the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate, the Committee on Ways and Means 
                                of the House of Representatives, and 
                                the Committee on Energy and Commerce of 
                                the House of Representatives on--
                                            ``(aa) the financial 
                                        condition and the results of 
                                        the operations of the First 
                                        Responders Interoperable Device 
                                        Availability Trust Fund during 
                                        the fiscal year preceding the 
                                        fiscal year in which such 
                                        report is submitted;
                                            ``(bb) the results of the 
                                        investment activities and 
                                        financial status of the First 
                                        Responders Interoperable Device 
                                        Availability Trust Fund during 
                                        the preceding calendar year; 
                                        and
                                            ``(cc) the expected 
                                        condition and operations of the 
                                        First Responders Interoperable 
                                        Device Availability Trust Fund 
                                        during the fiscal year in which 
                                        such report is submitted and 
                                        the 5 fiscal years succeeding 
                                        such fiscal year.
                            ``(v) Investment.--
                                    ``(I) In general.--The Secretary of 
                                the Treasury shall invest such portion 
                                of the First Responders Interoperable 
                                Device Availability Trust Fund as is 
                                not, in his or her judgment, required 
                                to meet current withdrawals. Such 
                                investments shall be made only in 
                                interest-bearing obligations of the 
                                United States. For such purpose, such 
                                obligations may be acquired--
                                            ``(aa) on original issue at 
                                        the issue price; or
                                            ``(bb) by purchase of 
                                        outstanding obligations at the 
                                        market price.
                                    ``(II) Sale at market prices.--Any 
                                obligation acquired by the First 
                                Responders Interoperable Device 
                                Availability Trust Fund may be sold by 
                                the Secretary of the Treasury at the 
                                market price.
                                    ``(III) Interest to be credited to 
                                trust fund.--The interest on, and the 
                                proceeds from the sale or redemption 
                                of, any obligations held in the First 
                                Responders Interoperable Device 
                                Availability Trust Fund shall be 
                                credited to and form a part of the 
                                Trust Fund.
                            ``(vi) Studies.--
                                    ``(I) NTIA report on grant 
                                program.--Not later than 1 year after 
                                the date of enactment of this 
                                subparagraph and each year thereafter, 
                                the Administrator shall conduct a study 
                                and submit a report to the Committee on 
                                Commerce, Science, and Transportation 
                                of the Senate and the Committee on 
                                Energy and Commerce of the House of 
                                Representatives--
                                            ``(aa) on the distribution 
                                        of funds authorized for grants 
                                        under clause (ii); and
                                            ``(bb) detailing the 
                                        expenditure of such funds, 
                                        including the type of 
                                        interoperable devices purchased 
                                        with such funds, and whether 
                                        such devices were purchased--

                                                    ``(AA) by the State 
                                                and distributed to 
                                                local public safety 
                                                entities; or

                                                    ``(BB) directly by 
                                                a local public safety 
                                                entity.

                                    ``(II) GAO report.--Not later than 
                                3 years after the date of enactment of 
                                this subparagraph and every 3 years 
                                thereafter, the Comptroller General of 
                                the United States shall conduct a study 
                                and submit a report to the Committee on 
                                Commerce, Science, and Transportation 
                                of the Senate and the Committee on 
                                Energy and Commerce of the House of 
                                Representatives on the--
                                            ``(aa) distribution of 
                                        funds authorized for grants 
                                        under clause (ii);
                                            ``(bb) expenditure of such 
                                        funds;
                                            ``(cc) cost of 
                                        interoperable devices to be 
                                        used in connection with the 
                                        interoperable network or 
                                        networks built to serve public 
                                        safety within the 700 MHz band, 
                                        as agreed to by the Public 
                                        Safety Broadband Licensee, or 
                                        its successors, and its 
                                        commercial partners, in 
                                        accordance with rules and 
                                        regulations promulgated by the 
                                        Commission;
                                            ``(dd) adherence of States 
                                        and Indian tribes to the grant 
                                        conditions set forth in clause 
                                        (ii)(I)(bb);
                                            ``(ee) solvency of the 
                                        First Responders Interoperable 
                                        Device Availability Trust Fund; 
                                        and
                                            ``(ff) effectiveness and 
                                        limitations of, and potential 
                                        improvements for, the grant 
                                        program established under this 
                                        subparagraph.
                            ``(vii) Definitions.--In this subparagraph, 
                        the following definitions shall apply:
                                    ``(I) Administrator.--The term 
                                `Administrator' means the Administrator 
                                of the National Telecommunications and 
                                Information Administration.
                                    ``(II) D-block.--The term `D-block' 
                                means that part of the electromagnetic 
                                spectrum between 758 megahertz and 763 
                                megahertz and 788 megahertz and 793 
                                megahertz.
                                    ``(III) Device.--The term `device' 
                                means a portable or mobile radio 
                                device.
                                    ``(IV) Indian tribe.--The term 
                                `Indian tribe' has the same meaning as 
                                in section 4(e) of the Indian Self-
                                Determination and Education Assistance 
                                Act (25 U.S.C. 450b(e)).
                                    ``(V) Public safety entity or 
                                public safety official.--The term 
                                `public safety entity' or `public 
                                safety official' means any entity or 
                                person authorized by a State or Indian 
                                tribe to protect the safety of life, 
                                health, or property.
                                    ``(VI) State.--The term `State' 
                                means each of the several States, the 
                                Commonwealth of Puerto Rico, the 
                                District of Columbia, and any other 
                                territory or other possession of the 
                                United States.
                                    ``(VII) Territory.--The term 
                                `territory' means American Samoa, the 
                                Republic of Palau, the Federated States 
                                of Micronesia, the Marshall Islands, 
                                the Commonwealth of the Northern 
                                Mariana Islands, the United States 
                                Virgin Islands, and Guam.''.

SEC. 3. EXTENSION OF AUCTION AUTHORITY.

    Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 
309(j)(11)) is amended by striking ``2011'' and inserting ``2014''.
                                 <all>
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