153 
‘‘SEC. 1811. MEMORANDUM OF UNDERSTANDING ON EMER-
GENCY COMMUNICATIONS. 
‘‘The Administrator of the Federal Emergency Man-
agement Agency shall execute a memorandum of under-
standing with the Director of the Office of Emergency Com-
munications delineating the roles and responsibilities of 
each office with respect to policy and guidance for commu-
nications-related expenditures with grant funds.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by add-
ing at the end of the items relating to such title the 
following: 
‘‘Sec. 1811. Memorandum of understanding on emergency communications.’’. 
SEC. 543. INTEGRATED PUBLIC ALERT AND WARNING SYS-
TEM MODERNIZATION. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is further amended by 
adding at the end of the following new section: 
‘‘SEC. 530. NATIONAL INTEGRATED PUBLIC ALERT AND 
WARNING SYSTEM MODERNIZATION. 
‘‘(a) IN GENERAL.—In order to provide timely and ef-
fective warnings and disseminate homeland security and 
other information, the Secretary shall— 
‘‘(1) establish a national integrated public alert 
and warning system (in this section referred to as ‘the 
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154 
system’) not later than one year after the date of the 
enactment of this section; and 
‘‘(2) designate an agency within the Department 
to receive, aggregate, validate, and authenticate home-
land security and other information originated by 
authorized Federal, State, local, and tribal govern-
ments to facilitate the transmission of the Personal-
ized Localized Alerting Network. 
‘‘(b) IMPLEMENTATION REQUIREMENTS.—In carrying 
out subsection (a), the Secretary shall— 
‘‘(1) establish, as appropriate, common alerting 
and warning protocols, standards of performance, and 
terminology for the system established under sub-
section (a)(1) by adopting, where appropriate, mecha-
nisms that integrate various approaches developed by 
key stakeholders; 
‘‘(2) include in the system the capability to 
adapt the dissemination of homeland security and 
other information and the content of communications 
on the basis of geographic location, risks, or user pref-
erences, as appropriate; 
‘‘(3) include in the system the capability to alert 
and warn individuals with disabilities and access 
and functional needs; 
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155 
‘‘(4) ensure that the system is incorporated into 
the training and exercise programs of the Depart-
ment; and 
‘‘(5) coordinate, to the extent practicable, with 
other Federal agencies and departments and with 
State, local, and tribal governments, and other key 
stakeholders to leverage existing alert and warning 
capabilities. 
‘‘(c) SYSTEM REQUIREMENTS.—The Secretary shall 
ensure that the system— 
‘‘(1) incorporates redundant and diverse modes 
to disseminate homeland security and other informa-
tion in warning messages to the public so as to reach 
the greatest number of individuals; 
‘‘(2) can be adapted to incorporate future tech-
nologies; 
‘‘(3) is resilient, secure, and can withstand acts 
of terrorism and other external attacks; 
‘‘(4) delivers alerts to populations in remote 
areas; and 
‘‘(5) promotes State, local, tribal, and regional 
partnerships to enhance coordination. 
‘‘(d) REPORT.—Not later than one year after the date 
on which the system established under subsection (a) is fully 
functional and every six months thereafter, the Secretary 
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156 
shall report to the Committee on Homeland Security of the 
House of Representatives and the Homeland Security and 
Governmental Affairs Committee of the Senate on the 
functionality and performance of the integrated public alert 
and warning system, including— 
‘‘(1) an assessment of the accomplishments and 
deficiencies of the system; 
‘‘(2) recommendations for improvements to the 
system; and 
‘‘(3) information on the feasibility and effective-
ness of disseminating homeland security and other in-
formation, notices, and alerts prior to and following 
an incident requiring use of the system.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by adding at the end 
of the items relating to such title the following: 
‘‘Sec. 530. National integrated public alert and warning system modernization.’’. 
(c) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this Act (including the amendment made by this 
Act) shall be construed to affect the authority of the Depart-
ment of Commerce, the Federal Communications Commis-
sion, or the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act. 
(d) HOMELAND SECURITY GRANTS.—Section 2008(a) 
of the Homeland Security Act of 2002 (6 U.S.C. 609(a)) 
is amended— 
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157 
(1) in paragraph (12), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (13) as para-
graph (14); and 
(3) by inserting after paragraph (12) the fol-
lowing new paragraph: 
‘‘(13) improving public alert and warning capa-
bilities; and’’. 
Subtitle D—Broadband for First 
Responders 
SEC. 561. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFE-
TY LICENSES. 
(a) SPECTRUM ALLOCATION.—Section 337(a) of the 
Communications Act of 1934 (47 U.S.C. 337(a)) is amend-
ed— 
(1) in paragraph (1), by striking ‘‘24’’ and in-
serting ‘‘34’’; and 
(2) in paragraph (2), by striking ‘‘36’’ and in-
serting ‘‘26’’. 
(b) ASSIGNMENT.—Section 337(b) of the Communica-
tions Act of 1934 (47 U.S.C. 337(b)) is amended to read 
as follows: 
‘‘(b) ASSIGNMENT.— 
‘‘(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of the Department of Homeland 
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158 
Security Authorization Act for Fiscal Year 2012, the 
Commission shall allocate the paired electromagnetic 
spectrum bands of 758–763 megahertz and 788–793 
megahertz for public safety broadband communica-
tions and shall license such paired bands to the public 
safety broadband licensee. 
‘‘(2) ESTABLISHMENT OF RULES.— 
‘‘(A) IN GENERAL.—The Commission shall 
establish rules to permit the public safety 
broadband licensee to authorize providers of pub-
lic safety services to construct and operate a 
wireless public safety broadband network in the 
spectrum licensed to the public safety broadband 
licensee if the public safety broadband licensee 
determines that such authorization would expe-
dite the deployment of public safety broadband 
communications. 
‘‘(B) NETWORK REQUIREMENTS.—The Com-
mission shall require that any such wireless pub-
lic safety broadband network shall— 
‘‘(i) be fully interoperable and remain 
interoperable with, and in conformance 
with the same broadband technology stand-
ards as, all other public safety broadband 
systems deployed or authorized; 
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161 
(c) NETWORK-SHARING AGREEMENTS.—Section 337 of 
the Communications Act of 1934 (47 U.S.C. 337) is amend-
ed— 
(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following: 
‘‘(f) RULEMAKING REQUIRED.—The Commission shall 
establish regulations to— 
‘‘(1) authorize the shared use of the public safety 
broadband spectrum and network infrastructure by 
entities that are not defined as public safety services 
in subsection (g)(1), subject to the requirement that 
public safety services retain priority access to the 
spectrum, pursuant to procedures adopted by the 
Commission, so long as the needs of other govern-
mental entities needs are considered before commer-
cial entities; and 
‘‘(2) allow use of the public safety broadband 
spectrum by emergency response providers, as defined 
in section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101).’’. 
(d) DEFINITION.—Section 337(g) of the Communica-
tions Act of 1934 (as so redesignated) is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (3) and (4), respectively; and 
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162 
(2) by inserting before paragraph (3), as so re-
designated, the following: 
‘‘(1) PUBLIC SAFETY BROADBAND LICENSEE.— 
The term ‘public safety broadband licensee’ means a 
licensee as defined by the Commission in its Second 
Report and Order adopted July 31, 2007 (FCC 07– 
132), and selected in the Commission’s Order adopted 
November 19, 2007 (FCC 07–199), by the Commission 
to be the licensee for spectrum between 763–768 and 
793–798 megahertz. 
‘‘(2) PUBLIC SAFETY BROADBAND SPECTRUM.— 
The term ‘public safety broadband spectrum’ means 
the electromagnetic spectrum between 758 megahertz 
and 768 megahertz, inclusive, and 788 megahertz and 
798 megahertz, inclusive, and any additional electro-
magnetic frequencies allocated by the Commission for 
public safety broadband use.’’. 
SEC. 562. STANDARDS. 
(a) INTEROPERABILITY REQUIREMENTS.—To enhance 
domestic preparedness for and collective response to a cata-
strophic incident, not later than 180 days after the date 
of enactment of this Act, the Chairman of the Federal Com-
munications Commission, in coordination with the Sec-
retary and in consultation with the Director of the National 
Institute of Standards and Technology, the Attorney Gen-
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163 
eral, and local, State, tribal, and Federal public safety 
agencies, shall develop a public safety agency statement of 
requirements that enables nationwide interoperability and 
roaming across any communications system using public 
safety broadband spectrum, as defined in section 337(g) of 
the Communications Act of 1934. 
(b) SPECIFICATIONS.—The Secretary, in coordination 
with the Director of the National Institute of Standards and 
Technology, shall establish an appropriate standard, or set 
of standards, for enhancing domestic preparedness for and 
collective response to a catastrophic incident and meeting 
the public safety agency statement requirements developed 
under subsection (a), taking into consideration— 
(1) the extent to which particular technologies 
and user equipment are, or are likely to be, available 
in the commercial marketplace; 
(2) the availability of necessary technologies and 
equipment on reasonable and nondiscriminatory li-
censing terms; 
(3) the ability to evolve with technological devel-
opments in the commercial marketplace; 
(4) the ability to accommodate prioritization for 
public safety transmissions; 
(5) the ability to accommodate appropriate secu-
rity measures for public safety transmissions; and 
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164 
(6) any other considerations the Federal Commu-
nications Commission deems appropriate. 
SEC. 563. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to overturn, supersede, or otherwise 
preempt the Federal Communication Commission’s Order 
adopted on November 19, 2007 (FCC 07–199), setting forth 
the roles and responsibilities of the public safety broadband 
licensee (as such term is defined in section 337(g) of the 
Communications Act of 1934) and the Federal Communica-
tions Commission, except that the following may, by rule 
or order, be modified by the Commission: 
(1) Any organization seeking membership to the 
board of directors of the public safety broadband li-
censee may be voted in by a simple majority of the 
then serving members of the board of directors. 
(2) The board of directors of the public safety 
broadband licensee shall include the following organi-
zations: 
(A) International Association of Chiefs of 
Police. 
(B) 
International 
Association 
of 
Fire 
Chiefs. 
(C) National Sheriffs’ Association. 
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165 
(D) International Association of Fire Fight-
ers. 
(E) National Volunteer Fire Council. 
(F) Fraternal Order of Police. 
(G) Major Cities Chiefs Association. 
(H) Metropolitan Fire Chiefs Association. 
(I) Major County Sheriffs’ Association. 
(J) Association of Public-Safety Commu-
nications Officials, International. 
(K) National Emergency Management Asso-
ciation. 
(L) International Association of Emergency 
Managers. 
(M) Police Executive Research Forum. 
(N) National Criminal Justice Association. 
(O) National Association of Police Organi-
zations. 
(P) National Organization of Black Law 
Enforcement Executives. 
(Q) Association of Air Medical Services. 
(R) Advocates for Emergency Medical Serv-
ices. 
(S) Emergency Nurses Association. 
(T) National Association of Emergency 
Medical Services Physicians. 
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166 
(U) National Association of Emergency 
Medical Technicians. 
(V) National Association of State Emer-
gency Medical Service Officials. 
(W) National Emergency Medical Services 
Management Association. 
(X) International Municipal Signal Asso-
ciation. 
(Y) American Probation and Parole Asso-
ciation. 
(Z) National Governors Association. 
(AA) National Association of Counties. 
(BB) National League of Cities. 
(CC) United States Conference of Mayors. 
(DD) Council of State Governments. 
(EE) International City/County Managers 
Association. 
(FF) National Conference of State Legisla-
tures. 
(GG) National Association of Regional 
Councils. 
(HH) Utilities Telecom Council. 
(II) American Association of State High-
way Transportation Officials. 
(JJ) American Hospital Association. 
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168 
(ii) REIMBURSEMENT.—The Secretary 
of the Treasury shall reimburse the general 
fund of the Treasury, without interest, for 
any amounts borrowed under clause (i) as 
funds are deposited into the Construction 
Fund, but in no case later than December 
31, 2014. 
(2) MAINTENANCE AND OPERATION FUND.— 
(A) ESTABLISHMENT.—There is established 
in the Treasury of the United States a fund to 
be known as the Public Safety Interoperable 
Broadband Network Maintenance and Operation 
Fund. 
(B) PURPOSE.—The Secretary shall use the 
funds deposited in the Maintenance and Oper-
ation Fund to carry out section 566 and section 
569(c). 
(b) INITIAL DISTRIBUTION OF AUCTION PROCEEDS IN 
FUNDS.—Notwithstanding subparagraphs (A) and (D) of 
section 309(j)(8) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)), the Secretary of the Treasury shall de-
posit the proceeds (including deposits and upfront pay-
ments from successful bidders) from the auction of the spec-
trum described in section 568 in the following manner: 
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169 
(1) 
All 
proceeds 
less 
than 
or 
equal 
to 
$5,500,000,000 shall be deposited in the Construction 
Fund and shall be made available to the Secretary 
without further appropriations. 
(2) Any proceeds exceeding $5,500,000,000 shall 
be deposited in the Maintenance and Operation Fund 
and shall be made available to the Secretary without 
further appropriations. 
(c) TRANSFER OF FUNDS AT COMPLETION OF CON-
STRUCTION.—The Secretary of the Treasury shall transfer 
to the Maintenance and Operation Fund any funds remain-
ing in the Construction Fund after the date of the comple-
tion of the construction phase, as determined by the Sec-
retary. 
(d) TRANSFER OF FUNDS TO TREASURY.—The Sec-
retary of the Treasury shall transfer to the general fund 
of the Treasury any funds remaining in the Maintenance 
and Operation Fund after the end of the 10-year period 
following receipt of notice by the Secretary that construc-
tion of the nationwide public safety interoperable 
broadband network has been completed. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) CONSTRUCTION FUND.—There are authorized 
to be appropriated to the Secretary for deposit in the 
Construction Fund in and after fiscal year 2012 an 
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170 
amount not to exceed the amount set forth in para-
graph (3). 
(2) MAINTENANCE
AND
OPERATION
FUND.— 
There are authorized to be appropriated to the Sec-
retary for deposit in the Maintenance and Operation 
Fund in and after fiscal year 2012 an amount not 
to exceed the amount set forth in paragraph (3). 
(3) LIMITATION.—The authorization of appro-
priations under paragraphs (1) and (2) may not ex-
ceed a total of $5,500,000,000. 
SEC. 565. PUBLIC SAFETY INTEROPERABLE BROADBAND 
NETWORK CONSTRUCTION. 
(a) CONSTRUCTION GRANT PROGRAM ESTABLISH-
MENT.—To enhance domestic preparedness for and collec-
tive response to a catastrophic incident, the Secretary shall 
take such action as is necessary to establish a grant pro-
gram to assist public safety entities to establish a nation-
wide public safety interoperable broadband network in the 
700 megahertz band. 
(b) PROJECTS.—The projects for which construction 
grants may be made under this section are the following: 
(1) Construction of a new public safety inter-
operable broadband network using public safety infra-
structure or commercial infrastructure, or both, in the 
700 megahertz band. 
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171 
(2) Improvement of the existing public safety 
and commercial networks and construction of new in-
frastructure to meet public safety requirements. 
(c) MATCHING REQUIREMENTS.— 
(1) FEDERAL SHARE.—The Federal share of the 
cost of carrying out a project under this section may 
not exceed 80 percent of the eligible costs of carrying 
out a project, as determined by the Secretary in con-
sultation with the Chairman of the Federal Commu-
nications Commission. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of carrying out a project under this 
section may be provided through an in-kind contribu-
tion. 
(d) REQUIREMENTS.—Not later than 6 months after 
the date of enactment of this Act, the Secretary shall estab-
lish grant program requirements including the following: 
(1) Defining entities that are eligible to receive 
a grant under this section. 
(2) Defining eligible costs for purposes of sub-
section (c)(1). 
(3) Determining the scope of network infrastruc-
ture eligible for grant funding under this section. 
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172 
(4) Conditioning grant funding on compliance 
with the Federal Communications Commission’s li-
cense terms. 
(5) Ensuring that all grant funds are in compli-
ance with and support the goals of the National 
Emergency Communications Plan and the Statewide 
Communication Interoperability Plans for each State 
and territory. 
(e) TECHNICAL ASSISTANCE.—The Secretary shall en-
hance the Office of Emergency Communications Technical 
Assistance Program to assist grantees with best practices 
and guidance in implementing these projects. 
SEC. 566. PUBLIC SAFETY INTEROPERABLE BROADBAND 
MAINTENANCE AND OPERATION. 
(a) MAINTENANCE AND OPERATION REIMBURSEMENT 
PROGRAM.—The Secretary shall administer a program 
through which not more than 50 percent of maintenance 
and operational expenses associated with the public safety 
interoperable broadband network may be reimbursed from 
the Maintenance and Operation Fund for those expenses 
that are attributable to the maintenance, operation, and 
improvement of the public safety interoperable broadband 
network. 
(b) REPORT.—Not later than 7 years after the com-
mencement of the reimbursement program established under 
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173 
subsection (a), the Secretary shall submit to Congress a re-
port on whether to continue to provide funding for the 
Maintenance and Operation Fund following completion of 
the period provided for under section 564(d). 
SEC. 567. AUDITS. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, and every 3 years thereafter, 
the Comptroller General of the United States shall perform 
an audit of the financial statements, records, and accounts 
of the— 
(1) Public Safety Interoperable Broadband Net-
work Construction Fund established under section 
564(a)(1); 
(2) Public Safety Interoperable Broadband Net-
work Maintenance and Operation Fund established 
under section 564(a)(2); 
(3) construction grant program established under 
section 565; and 
(4) maintenance and operation grant program 
established under section 566. 
(b) GAAP.—Each audit required under subsection (a) 
shall be conducted in accordance with generally accepted 
accounting procedures. 
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174 
(c) REPORT TO CONGRESS.—A copy of each audit re-
quired under subsection (a) shall be submitted to the appro-
priate committees of Congress. 
SEC. 568. AUCTION OF SPECTRUM TO FUND THE INTER-
OPERABLE 
BROADBAND 
NETWORK 
CON-
STRUCTION FUND AND THE OPERATION AND 
MAINTENANCE FUND. 
(a) REALLOCATION OF SPECTRUM.—Not later than 1 
year after the date of enactment of this Act, the Assistant 
Secretary shall reallocate for commercial use electro-
magnetic spectrum at 1755–1780 megahertz. 
(b) AUCTION.—Not later than 18 months after the date 
of enactment of this Act, the Federal Communications Com-
mission shall establish rules for pairing electromagnetic 
spectrum bands at 1755–1780 megahertz and 2155–2180 
megahertz, inclusive, and auction the licenses for such 
paired spectrum in accordance with section 309(j) of the 
Communications Act of 1934. 
SEC. 569. EXTENSION OF AUCTION AUTHORITY AND ASSUR-
ANCE OF OPEN AUCTIONS. 
(a) 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 ‘‘2012’’ and inserting 
‘‘2020’’. 
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175 
(b) ELIGIBILITY.—The Federal Communications Com-
mission shall ensure that no bidder is deemed ineligible for 
or otherwise excluded from an auction specified in this Act, 
or any other competitive bidding process under section 
309(j) of the Communications Act of 1934, on account of 
its size or the amount of its other spectrum holdings. 
SEC. 570. DEFINITIONS. 
In this subtitle: 
(1) The term ‘‘Assistant Secretary’’ means the 
Assistant Secretary of Commerce for Communications 
and Information. 
(2) The term ‘‘appropriate committees of Con-
gress’’ means the Committee on Homeland Security of 
the House of Representatives and any other committee 
of the House of Representatives or the Senate having 
legislative jurisdiction under the Rules of the House 
of Representatives or the Senate, respectively, over the 
matter concerned. 
(3) The term ‘‘catastrophic incident’’ has the 
meaning given such term in section 501(3) of the 
Homeland Security Act of 2002 (6 U.S.C. 311(3)). 
(4) The term ‘‘Construction Fund’’ means the 
Public Safety Interoperable Broadband Network Con-
struction Fund established under section 564(a)(1). 
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176 
(5) The term ‘‘Maintenance and Operation 
Fund’’ 
means 
the 
Public 
Safety 
Interoperable 
Broadband Network Maintenance and Operation 
Fund established under section 564(a)(2). 
(6) The term ‘‘Secretary’’ means the Secretary of 
Homeland Security unless otherwise indicated. 
Subtitle E—Miscellaneous 
Provisions 
SEC. 581. AUDIT OF THE NATIONAL LEVEL EXERCISE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Inspector General of the 
Department of Homeland Security shall conduct— 
(1) an audit of expenses associated with the 2010 
and 2011 National Level Exercises, including costs of 
planning and executing the exercise scenario; and 
(2) a review of whether the Federal Emergency 
Management Agency is incorporating lessons learned 
from national exercises into training, planning, and 
other operations. 
(b) REPORT.—The Inspector General shall submit a 
report on the findings of the audit and review to the appro-
priate congressional committees. 
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177 
SEC. 582. FEMA REPORT TO CONGRESS ON SOURCING AND 
DISTRIBUTION 
OF 
DISASTER 
RESPONSE 
GOODS AND SERVICES. 
Not later than 90 days after the date of enactment of 
this Act, the Administrator of the Federal Emergency Man-
agement Agency shall submit to the appropriate congres-
sional committees a report on the Agency’s progress in im-
proving sourcing for disaster response goods and services, 
including on— 
(1) the adoption of a single-point ordering con-
cept as recommended by the Department of Homeland 
Security Inspector General; 
(2) investment in information technology systems 
to support single-point ordering and make sourcing 
and supply movement transparent as recommended 
by the Department of Homeland Security Inspector 
General; 
(3) development of an overarching strategy for 
the sourcing of disaster response goods and services; 
and 
(4) other steps taken by the Agency to promote 
efficiency in sourcing and distribution, and to elimi-
nate duplication and waste of essential goods and 
services during response to a disaster. 
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178 
SEC. 583. RURAL RESILIENCE INITIATIVE. 
(a) IN GENERAL.—Title XXI of the Homeland Secu-
rity Act of 2002, as added by section 501 of this Act, is 
further amended by adding at the end the following: 
‘‘SEC. 2111. RURAL RESILIENCE INITIATIVE. 
‘‘(a) IN GENERAL.—The Under Secretary for Science 
and Technology of the Department of Homeland Security 
shall conduct research intended to assist State, local, and 
tribal leaders and the private sector in developing the tools 
and methods to enhance rural preparation for, and response 
and resilience to, terrorist attacks and other incidents. 
‘‘(b) INCLUDED ACTIVITIES.—Activities under this sec-
tion may include— 
‘‘(1) research and implementation through out-
reach activities with rural communities; 
‘‘(2) an examination of how communities employ 
resilience capabilities and response assets; 
‘‘(3) development and use of a community resil-
ience baseline template for determining the resilience 
capacity of a rural community; 
‘‘(4) a plan to address community needs for re-
silience; 
‘‘(5) an education program for community lead-
ers and first responders about their resilience capac-
ity and mechanisms for mitigation, including via dis-
tance learning; and 
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