(8) Over 70 percent of public safety commu-
nications equipment is still analog, rather than dig-
ital. In fact, much of the communications equipment 
used by emergency responders is outdated and in-
compatible, which inhibits communication between 
State and local governments and between neigh-
boring local jurisdictions. Additional grant funding 
would facilitate the acquisition of new technology to 
enable interoperability. 
(9) Stronger and more effective national, state-
wide, and regional leadership are required to im-
prove interoperability. The Department of Homeland 
Security must provide national leadership by con-
ducting nationwide outreach to each State, fostering 
the development of regional leadership, and pro-
viding substantial technical assistance to State, 
local, and tribal public safety officials, while more ef-
fectively utilizing grant programs that fund inter-
operable equipment and systems. 
(10) The Department of Homeland Security 
must implement pilot programs and fund and con-
duct research to develop and promote adoption of 
next-generation solutions for public safety commu-
nications. The Department of Homeland Security 
must also further develop its own internal expertise
to enable it to better lead national interoperability 
efforts and to provide technically sound advice to 
State and local officials. 
(11) Communications interoperability can be 
accomplished at a much lower cost if strong national 
leadership drives cooperation and adoption of smart, 
new technology solutions. 
SEC. 3. OFFICE FOR INTEROPERABILITY AND COMPAT-
IBILITY. 
(a) IN GENERAL.—Section 7303(a)(2) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 194(a)(2)) is amended to read as follows: 
‘‘(2) OFFICE FOR INTEROPERABILITY AND COM-
PATIBILITY.— 
‘‘(A) ESTABLISHMENT OF OFFICE.—There 
is established an Office for Interoperability and 
Compatibility within the Directorate of Science 
and Technology of the Department of Home-
land Security to carry out this subsection. 
‘‘(B) DIRECTOR.—There shall be a Direc-
tor of the Office for Interoperability and Com-
patibility, who shall be appointed by the Sec-
retary of Homeland Security.
‘‘(C) RESPONSIBILITIES.—The Director of 
the Office for Interoperability and Compatibility 
shall— 
‘‘(i) assist the Secretary of Homeland 
Security in developing and implementing 
the program described in paragraph (1); 
‘‘(ii) carry out the Department of 
Homeland Security’s responsibilities and 
authorities relating to the SAFECOM Pro-
gram; 
‘‘(iii) carry out section 510 of the 
Homeland Security Act of 2002; and 
‘‘(iv) conduct extensive, nationwide 
outreach and foster the development of 
interoperable communications systems by 
State, local, and tribal governments and 
public safety agencies, and by regional con-
sortia thereof, by— 
‘‘(I) developing, updating, and 
implementing a national strategy to 
achieve 
communications 
interoper-
ability, with goals and timetables; 
‘‘(II) developing a national archi-
tecture, which defines the components
of an interoperable system and how 
they fit together; 
‘‘(III) establishing and maintain-
ing a task force that represents the 
broad customer base of State, local, 
and tribal public safety agencies, as 
well as Federal agencies, involved in 
public safety disciplines such as law 
enforcement, 
firefighting, 
public 
health, and disaster recovery, in order 
to receive input and coordinate efforts 
to achieve communications interoper-
ability; 
‘‘(IV) working with the Office of 
Domestic Preparedness Interoperable 
Communication 
Communications 
Technical Assistance Program to— 
‘‘(aa) provide technical as-
sistance to State, local, and tribal 
officials; and 
‘‘(bb) facilitate the creation 
of regional task forces in each 
State, with appropriate govern-
ance structures and representa-
tion from State, local, and tribal
governments and public safety 
agencies and from the Federal 
Government, to effectively ad-
dress interoperability and other 
information-sharing needs; 
‘‘(V) promoting a greater under-
standing of the importance of inter-
operability and the benefits of sharing 
resources among all levels of State, 
local, tribal, and Federal government; 
‘‘(VI) promoting development of 
standard operating procedures for in-
cident response and facilitating the 
sharing of information on best prac-
tices (including from governments 
abroad) for achieving interoperability; 
‘‘(VII) making recommendations 
to Congress about any changes in 
Federal law necessary to remove bar-
riers to achieving communications 
interoperability; 
‘‘(VIII) funding and conducting 
pilot programs, as necessary, in order 
to—
‘‘(aa) evaluate and validate 
new technology concepts in real- 
world environments to achieve 
public 
safety 
communications 
interoperability; 
‘‘(bb) encourage more effi-
cient use of existing resources, 
including equipment and spec-
trum; and 
‘‘(cc) test and deploy public 
safety communications systems 
that are less prone to failure, 
support new non-voice services, 
consume less spectrum, and cost 
less; and 
‘‘(IX) performing other functions 
necessary to achieve communications 
interoperability. 
‘‘(D) SUFFICIENCY OF RESOURCES.—The 
Secretary of Homeland Security shall provide 
the Office for Interoperability and Compatibility 
with the resources and staff necessary to carry 
out the purposes of this section. The Secretary 
shall further ensure that there is sufficient staff 
within the Office of Interoperability and Com-
patibility, the Office for Domestic Prepared-
ness, and other offices of the Department of 
Homeland Security as necessary, to provide 
dedicated support to public safety organizations 
consistent with the responsibilities set forth in 
subparagraph (C)(iv).’’. 
(b) DEFINITION.—Section 7303(g)(1) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 194(g)(1)) is amended to read as follows: 
‘‘(1) INTEROPERABLE
COMMUNICATIONS
AND 
COMMUNICATIONS
INTEROPERABILITY.—The terms 
‘interoperable communications’ and ‘communications 
interoperability’ mean the ability of emergency re-
sponse providers and relevant Federal, State, and 
local government agencies to communicate with each 
other as necessary, utilizing information technology 
systems and radio communications systems, and to 
exchange voice, data, or video with one another on 
demand, in real time, as necessary.’’. 
(c) INTEROPERABILITY
ASSESSMENT; REPORT.— 
Title III of the Homeland Security Act of 2002 (6 U.S.C. 
181 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 314. INTEROPERABILITY ASSESSMENT AND REPORT. 
‘‘(a) BASELINE ASSESSMENT.—The Secretary, acting 
through the Director of the Office for Interoperability and 
Compatibility, shall conduct a nationwide assessment to 
determine the degree to which communications interoper-
ability has been achieved to date and to ascertain the 
needs that remain for interoperability to be achieved. 
‘‘(b) ANNUAL REPORTS.—Not later than one year 
after the date of enactment of this section, and annually 
thereafter, the Secretary, acting through the Director of 
the Office for Interoperability and Compatibility, shall 
submit to the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives a re-
port on the Department’s progress in implementing and 
achieving the goals of the Improve Interoperable Commu-
nications for First Responders Act of 2005. The first re-
port submitted under this subsection shall include a de-
scription of the findings of the assessment conducted 
under subsection (a).’’. 
SEC. 4. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 
section 3, is further amended by adding at the end the 
following:
‘‘SEC. 315. INTEROPERABILITY RESEARCH AND DEVELOP-
MENT. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
comprehensive research and development program to pro-
mote communications interoperability among first re-
sponders, including by— 
‘‘(1) promoting research on a competitive basis 
through the Directorate of Science and Technology 
Homeland Security Advanced Research Projects 
Agency; and 
‘‘(2) considering establishment of a Center of 
Excellence under the Department of Homeland Se-
curity Centers of Excellence Program, using a com-
petitive process, focused on enhancing information 
and communications systems for first responders. 
‘‘(b) PURPOSES.—The purposes of the program es-
tablished under subsection (a) include— 
‘‘(1) understanding the strengths and weak-
nesses of the diverse public safety communications 
systems currently in use; 
‘‘(2) examining how current and emerging tech-
nology can make public safety organizations more ef-
fective, and how Federal, State, and local agencies 
can utilize this technology in a coherent and cost-ef-
fective manner;
‘‘(3) exploring Federal, State, and local policies 
that will move systematically towards long-term solu-
tions; 
‘‘(4) evaluating and validating new technology 
concepts, and promoting the deployment of advanced 
public safety information technologies for interoper-
ability; and 
‘‘(5) advancing the creation of a national strat-
egy to promote interoperability and efficient use of 
spectrum in communications systems, improve infor-
mation sharing across organizations, and use ad-
vanced information technology to increase the effec-
tiveness of first responders in valuable new ways.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the funds authorized to be appropriated by section 
7303(a)(3) of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (6 U.S.C. 194(a)(3)), there are au-
thorized to be appropriated for the operations of the Office 
for Interoperability and Compatibility, to provide technical 
assistance through the office for Domestic Preparedness, 
to fund and conduct research under section 315 of the 
Homeland Security Act of 2002, and for other appropriate 
entities within the Department of Homeland Security to 
support the activities described in section 7303 of the In-
telligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 194) and sections 314 and 315 of the Homeland 
Security Act of 2002, as added by this Act— 
(1) $127,232,000 for fiscal year 2006; 
(2) $126,549,000 for fiscal year 2007; 
(3) $125,845,000 for fiscal year 2008; 
(4) $125,121,000 for fiscal year 2009; and 
(5) such sums as may be necessary for each 
subsequent fiscal year. 
SEC. 5. DEDICATED FUNDING TO ACHIEVE INTEROPER-
ABILITY. 
The Homeland Security Act of 2002 (6 U.S.C. 101 
et seq.) is amended by adding at the end the following: 
‘‘TITLE XVIII—DEDICATED FUND-
ING TO ACHIEVE INTEROPER-
ABILITY 
‘‘SEC. 1801. INTEROPERABILITY GRANTS. 
‘‘(a) IN GENERAL.—The Secretary, through the Of-
fice, shall make grants to States and eligible regions for 
initiatives necessary to achieve short-term or long-term so-
lutions to statewide, regional, national and, where appro-
priate, international interoperability. 
‘‘(b) USE OF GRANT FUNDS.—Grants awarded under 
subsection (a) may be used for initiatives to achieve short- 
term or long-term solutions to interoperability within the
State or region and to assist with any aspect of the com-
munication life cycle, including— 
‘‘(1) statewide or regional communications 
planning; 
‘‘(2) system design and engineering; 
‘‘(3) procurement and installation of equipment; 
‘‘(4) training and exercises; and 
‘‘(5) other activities determined by the Sec-
retary to be integral to the achievement of commu-
nications interoperability. 
‘‘(c) COORDINATION.—The Secretary shall ensure 
that the Office coordinates its activities with Office of 
Interoperability and Compatibility, the Directorate of 
Science and Technology, and other Federal entities so that 
grants awarded under this section, and other grant pro-
grams related to homeland security, fulfill the purposes 
of this Act and facilitate the achievement of communica-
tions interoperability consistent with the national strategy. 
‘‘(d) APPLICATION.— 
‘‘(1) IN GENERAL.—A State or eligible region 
desiring a grant under this section shall submit an 
application at such time, in such manner, and ac-
companied by such information as the Secretary may 
reasonably require.
‘‘(2) MINIMUM
CONTENTS.—At a minimum, 
each application submitted under paragraph (1) 
shall— 
‘‘(A) identify the critical aspects of the 
communications life cycle, including planning, 
system design and engineering, procurement 
and installation, and training for which funding 
is requested; 
‘‘(B) describe how— 
‘‘(i) the proposed use of funds would 
be consistent with and address the goals in 
any applicable State homeland security 
plan, and, unless the Secretary determines 
otherwise, are consistent with the national 
strategy and architecture; and 
‘‘(ii) the applicant intends to spend 
funds under the grant, to administer such 
funds, and to allocate such funds among 
any participating local governments; and 
‘‘(C) be consistent with the Interoperable 
Communications Plan required by section 
7303(f) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (6 U.S.C. 
194(f)). 
‘‘(e) STATE REVIEW AND SUBMISSION.—
‘‘(1) IN GENERAL.—To ensure consistency with 
State homeland security plans, an eligible region ap-
plying for a grant under this section shall submit its 
application to each State within which any part of 
the eligible region is located for review before sub-
mission of such application to the Secretary. 
‘‘(2) DEADLINE.—Not later than 30 days after 
receiving an application from an eligible region 
under paragraph (1), each such State shall transmit 
the application to the Secretary. 
‘‘(3) STATE DISAGREEMENT.—If the Governor 
of any such State determines that a regional appli-
cation is inconsistent with the State homeland secu-
rity plan of that State, or otherwise does not sup-
port the application, the Governor shall— 
‘‘(A) notify the Secretary in writing of that 
fact; and 
‘‘(B) provide an explanation of the reasons 
for not supporting the application at the time 
of transmission of the application. 
‘‘(f) AWARD OF GRANTS.— 
‘‘(1) CONSIDERATIONS.—In approving applica-
tions and awarding grants under this section, the 
Secretary shall consider—
‘‘(A) the nature of the threat to the State 
or eligible region; 
‘‘(B) the location, risk, or vulnerability of 
critical infrastructure and key national assets, 
including the consequences from an attack on 
critical infrastructure in nearby jurisdictions; 
‘‘(C) the size of the population, as well as 
the population density of the area, that will be 
served by the interoperable communications sys-
tems, except that the Secretary shall not estab-
lish a minimum population requirement that 
would disqualify from consideration an area 
that 
otherwise 
faces 
significant 
threats, 
vulnerabilities, or consequences; 
‘‘(D) the extent to which grants will be uti-
lized to implement interoperability solutions— 
‘‘(i) consistent with the national strat-
egy and compatible with the national archi-
tecture; and 
‘‘(ii) more efficient and cost effective 
than current approaches; 
‘‘(E) the number of jurisdictions within re-
gions participating in the development of inter-
operable communications systems, including the 
extent to which the application includes all in-
corporated municipalities, counties, parishes, 
and tribal governments within the State or eli-
gible region, and their coordination with Fed-
eral and State agencies; 
‘‘(F) the extent to which a grant would ex-
pedite the achievement of interoperability in the 
State or eligible region with Federal, State, and 
local agencies; 
‘‘(G) the extent to which a State or eligible 
region, given its financial capability, dem-
onstrates its commitment to expeditiously 
achieving communications interoperability by 
supplementing Federal funds with non-Federal 
funds; 
‘‘(H) whether the State or eligible region is 
on or near an international border; 
‘‘(I) the extent to which geographic bar-
riers pose unusual obstacles to achieving com-
munications interoperability; and 
‘‘(J) the threats, vulnerabilities, and con-
sequences faced by the State or eligible region 
related to at-risk site or activities in nearby ju-
risdictions, including the need to respond to ter-
rorist attacks arising in those jurisdictions. 
‘‘(2) REVIEW PANEL.—
‘‘(A) IN
GENERAL.—The Secretary shall 
establish a review panel under section 871(a) to 
assist in reviewing grant applications under this 
section. 
‘‘(B) 
RECOMMENDATIONS.—The 
review 
panel established under subparagraph (A) shall 
make recommendations to the Secretary regard-
ing applications for grants under this section. 
‘‘(C) MEMBERSHIP.—The review panel es-
tablished under subparagraph (A) shall include 
individuals with technical expertise in commu-
nications interoperability as well as emergency 
response providers and other relevant State and 
local officials. 
‘‘(3) AVAILABILITY
OF
FUNDS.—Any grant 
funds awarded that may be used to support inter-
operability shall, as the Secretary may determine, re-
main available for up to 3 years, consistent with sec-
tion 7303(e) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (6 U.S.C. 194(e)). 
‘‘(4) ALLOCATION.— 
‘‘(A) IN
GENERAL.—In awarding grants 
under this subsection, the Secretary shall en-
sure that each State receives, for each fiscal 
year, the greater of—
‘‘(i) 0.55 percent of the amounts ap-
propriated for grants under this section; or 
‘‘(ii) the eligible State’s sliding scale 
baseline allocation of 28.62 percent of the 
amounts appropriated for grants under 
this section. 
‘‘(B) OTHER ENTITIES.—Notwithstanding 
subparagraph (A), the Secretary shall ensure 
that for each fiscal year— 
‘‘(i) the District of Columbia receives 
0.55 percent of the amounts appropriated 
for grants under this section; 
‘‘(ii) the Commonwealth of Puerto 
Rico receives 0.35 percent of the amounts 
appropriated for grants under this section; 
and 
‘‘(iii) American Samoa, the Common-
wealth of the Northern Mariana islands, 
Guam, and the Virgin Islands each receive 
0.055 percent of the amounts appropriated 
for grants under this section. 
‘‘(C) POSSESSIONS.—Except as provided in 
subparagraph (B), no possession of the United 
States shall receive a baseline distribution 
under subparagraph (A).
‘‘(g) DEFINITIONS.—As used in this section, the fol-
lowing definitions apply: 
‘‘(1) ELIGIBLE REGION.—The term ‘eligible re-
gion’ means— 
‘‘(A) 2 or more contiguous incorporated 
municipalities, counties, parishes, Indian tribes 
or other general purpose jurisdictions that— 
‘‘(i) have joined together to enhance 
communications interoperability between 
first responders in those jurisdictions and 
with State and Federal officials; and 
‘‘(ii) includes the largest city in any 
metropolitan statistical area, as defined by 
the Office of Management and Budget; or 
‘‘(B) any other area the Secretary deter-
mines to be consistent with the definition of a 
region in the national preparedness guidance 
issued under Homeland Security Presidential 
Directive 8. 
‘‘(2) INTEROPERABLE
COMMUNICATIONS
AND 
COMMUNICATIONS
INTEROPERABILITY.—The terms 
‘interoperable communications’ and ‘communications 
interoperability’ mean the ability of emergency re-
sponse providers and relevant Federal, State, and 
local government agencies to communicate with each