I 
108TH CONGRESS 
2D SESSION 
H. R. 4400
To establish the Office of Wireless Public Safety Interoperable Communica-
tions, to provide grants and other support to achieve communications 
interoperability in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2004
Mrs. LOWEY (for herself, Mr. TURNER of Texas, Ms. LORETTA SANCHEZ of 
California, Mr. DICKS, Ms. SLAUGHTER, Mr. DEFAZIO, Mr. ANDREWS, 
Ms. NORTON, Ms. MCCARTHY of Missouri, Ms. JACKSON-LEE of Texas, 
Mr. ETHERIDGE, Mr. LANGEVIN, Mr. SANDLIN, Mr. GRIJALVA, Mr. 
TOWNS, Ms. LEE, Mr. REYES, Mr. GUTIERREZ, Mrs. MALONEY, Mr. 
LANTOS, Mr. MATSUI, Mr. DELAHUNT, Mr. CARDOZA, Mr. HOEFFEL, 
Mr. CASE, Mr. FROST, Mr. SKELTON, Mr. HASTINGS of Florida, Mr. 
GREEN of Texas, Mr. MOORE, Mrs. CAPPS, Mr. NADLER, Ms. ROYBAL-
ALLARD, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. WYNN, Ms. KIL-
PATRICK, Mr. TIERNEY, Mr. ACEVEDO-VILA´, and Mr. LUCAS of Ken-
tucky) introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Select Committee on 
Homeland Security, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To establish the Office of Wireless Public Safety Interoper-
able Communications, to provide grants and other sup-
port to achieve communications interoperability in the 
United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Connecting the Operations 
of National Networks of Emergency Communications 
Technologies for First Responders Act of 2004’’. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Throughout the United States, public safety 
agencies—law enforcement, firefighters, emergency 
technicians, public health officials, and others—in 
the same jurisdictions cannot now communicate ef-
fectively with one another, with agencies in neigh-
boring jurisdictions, or with other public safety 
agencies at the Federal and State level, when re-
sponding to emergencies or participating in major 
deployment. 
(2) The inability of public safety agencies in the 
United States to communicate with one another 
within and across jurisdictions and disciplines is a 
long-recognized and complex problem that threatens 
the public’s safety and security and often results in 
unnecessary loss of lives and property. 
(3) The lack of interoperability was at least 
partially responsible for the deaths of 343 fire-
fighters in New York City on September 11, 2001, 
when police could not communicate effectively with 
firefighters prior to the collapse of the Twin Towers.
(4) In the immediate aftermath of the Okla-
homa City bombing in 1995, studies showed that 
emergency responders had to use runners to carry 
messages from one command center to another be-
cause the responding agencies used different emer-
gency radio channels, different frequencies, and dif-
ferent radio systems. 
(5) In Littleton, Colorado, 46 public safety 
agencies responded to the shooting spree inside Col-
umbine High School in 1999. Precious minutes were 
lost because command personnel were forced to send 
runners to communicate crucial information. Incom-
patible radio communication systems were a signifi-
cant factor, according to the Columbine Review 
Commission. 
(6) There are more than 50,000 State and local 
public safety agencies. Many of these agencies are 
small or volunteer organizations with limited budg-
ets, and little or no engineering expertise. State and 
local agencies consistently cite lack of funding as a 
critical obstacle to interoperability. 
(7) State and local budget crises have made 
funding public safety communications even more dif-
ficult, and competition with other critical homeland 
security needs, such as personnel, physical facilities,
protective gear, and other kinds of equipment reduce 
the available funding for mission-critical communica-
tions infrastructures and equipment. 
(8) Funding is needed for all phases of the 
communications system life cycle: planning, system 
design and engineering, procurement and installa-
tion, operations and maintenance, and testing and 
technology development. There is clear need for a 
dedicated and consistent Federal funding source 
that is sufficient to finance comprehensive interoper-
able communications solutions. The role of Federal, 
State, and local governments and agencies in fund-
ing interoperable communications must be clear. 
(9) Achieving nationwide interoperability will 
require a significant financial commitment at all lev-
els of government. In 1998, the Public Safety Wire-
less Network estimated that developing interoperable 
communications 
nationwide 
could 
cost 
$18,000,000,000. According to the Office of Wire-
less Public Safety Interoperable Communications, 
the umbrella program in the Department of Home-
land Security designed to lead and coordinate inter-
operability efforts that is commonly known as 
Project SAFECOM, that estimate is now outdated 
and includes only part of the total cost of upgrades.
(10) An Independent Task Force sponsored by 
the Council on Foreign Relations stated that 
‘‘among other things, additional funds are des-
perately needed . . . to foster interoperable commu-
nications systems for emergency responders across 
the country so that those on the front lines can com-
municate with each other while at the scene of at-
tack’’. The Task Force recommended, ‘‘conserv-
atively’’, that $6,800,000,000 over 5 years is needed 
for interoperability as well as public alert and infor-
mation systems programs. 
(11) Numerous Federal agencies provide infor-
mation or grants that can be used in the develop-
ment of interoperable communications systems. 
However, without common guidance and standards, 
funding and grants are often used in isolation of 
broader, regional communications needs and capac-
ities. There is a need to better coordinate these dis-
parate grant programs, and to provide unified and 
consistent leadership and funding from the Federal 
Government. 
(12) The partnership between the private and 
public sectors has developed numerous solutions to 
significantly improve communications interoper-
ability that can be implemented immediately. These
solutions include deployable vehicles that contain 
crosspatch capabilities that allow radio users on sep-
arate frequencies to talk to each other; communica-
tions system overlay software and hardware that 
allow multiple disparate communications networks to 
act as one network; and the Project 25 standard for 
the manufacturing of interoperable digital two-way 
wireless communications products. 
(13) Current approaches to achieving commu-
nications interoperability are also hampered by the 
fact that in many jurisdictions—
(A) the existing radio communications in-
frastructure is old and outdated; 
(B) planning for interoperability is limited 
and fragmented among multiple agencies; 
(C) the necessary coordination and co-
operation within and among jurisdictions is dif-
ficult to achieve; and 
(D) there is limited and fragmented 
amount of radio spectrum available to public 
safety organizations. 
(14) The lack of universally recognized, fully 
open, and implementable standards for public safety 
agency needs has limited the cost efficiencies of
interoperability, and has delayed the adoption of new 
technologies by public safety agencies. 
(15) Solutions can only be achieved through co-
operation among all levels of government, and the 
Federal Government, through the Department of 
Homeland Security, must provide nationwide leader-
ship, coordination, and a substantial share of re-
sources necessary to purchase appropriate tech-
nologies and create seamless communications among 
United States public safety agencies. 
(16) In April 2004, the General Accounting Of-
fice found that in Project SAFECOM’s 2 year his-
tory, the program has made very little progress in 
addressing its overall objective of achieving national 
wireless communications interoperability among first 
responders and public safety systems at all levels of 
government, principally due to— 
(A) a lack of consistent executive commit-
ment and support; and 
(B) an inadequate level of interagency col-
laboration. 
(17) Project SAFECOM lacks the statutory au-
thority and dedicated resources necessary to coordi-
nate Federal programs or accomplish other tasks re-
quired to make the achievement of interoperability a 
national priority, and a realistic goal for the Nation. 
(b) PURPOSES.—The purposes of this Act are to—
(1) require the Department of Homeland Secu-
rity to provide effective leadership, coordination, and 
technical assistance for the purposes of enhancing 
communications interoperability, and to establish 
and implement a strategy to ensure the achievement 
of communications interoperability for public safety 
agencies throughout the United States; 
(2) authorize appropriations for interoperable 
communications grants to State and local govern-
ments and public safety agencies; and 
(3) support the effective acquisition, installa-
tion, and maintenance of short-term and long-term 
interoperable communications equipment for home-
land security at all levels of government. 
SEC. 3. ESTABLISHMENT OF THE OFFICE OF WIRELESS 
PUBLIC SAFETY INTEROPERABLE COMMU-
NICATIONS. 
(a) AMENDMENT.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding after 
section 313 the following:
‘‘SEC. 314. OFFICE OF WIRELESS PUBLIC SAFETY INTER-
OPERABLE COMMUNICATIONS. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(1) COMMUNICATIONS
INTEROPERABILITY.—
The term ‘communications interoperability’ means 
the ability of public safety service and support pro-
viders, including emergency response providers, to 
communicate with other responding agencies and 
Federal agencies if necessary, through information 
technology systems and radio communications sys-
tems, and to exchange voice, data, or video with one 
another on demand, in real time, as necessary. 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of Wireless Public Safety Interoperable 
Communications. 
‘‘(3) OFFICE.—The term ‘Office’ means the Of-
fice of Wireless Public Safety Interoperable Commu-
nications established under subsection (c). 
‘‘(4) PUBLIC
SAFETY
AGENCIES.—The term 
‘public safety agencies’ includes emergency response 
providers and any other persons that the Secretary 
determines must communicate effectively with one 
another to respond to emergencies. 
‘‘(b) SENSE
OF CONGRESS REGARDING PROJECT 
SAFECOM.—It is the Sense of Congress that—
‘‘(1) 
after 
more 
than 
years, 
Project 
SAFECOM has made very limited progress in ad-
dressing its overall objective of achieving commu-
nications interoperability among entities at all levels 
of government; 
‘‘(2) a principal impediment to progress has 
been the failure to effectively collaborate with, and 
to obtain consistent funding from, other Federal 
agencies involved with SAFECOM; and 
‘‘(3) in order to accelerate progress in achieving 
communications interoperability among entities at 
all levels of government, all Federal funding and 
program management to achieve this goal should re-
side within the Department of Homeland Security. 
‘‘(c) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—There is established the 
Office of Wireless Public Safety Interoperable Com-
munications within the Directorate of Science and 
Technology, which shall be headed by a Director of 
Wireless Public Safety Interoperable Communica-
tions appointed by the Secretary. 
‘‘(2) ADMINISTRATION.—The Secretary shall 
provide the Office with the resources and staff nec-
essary to carry out the purposes of this section, in-
cluding sufficient staff to provide support to each
State. Support under this paragraph shall include 
outreach, coordination, and technical assistance. 
‘‘(3) DUTIES.—
‘‘(A) TECHNICAL ASSISTANCE.—
‘‘(i) ASSISTANCE
THROUGH
DIREC-
TOR.—The Secretary, acting through the 
Director, shall—
‘‘(I) provide leadership and co-
ordination among all other Federal 
agencies that provide funding, re-
search, technology development, or 
other support for communications 
interoperability; 
‘‘(II) accelerate, in consultation 
with 
other 
nationally 
recognized 
standards organizations as appro-
priate, the development of national 
voluntary consensus standards for 
communications interoperability, in-
cluding the Project 25 standard, and 
establish a schedule of milestones to 
be achieved in developing such stand-
ards; 
‘‘(III) provide technical assist-
ance to Federal, State, and local gov-
ernments and public safety agencies 
on planning, interoperability architec-
tures, acquisition strategies, and other 
functions necessary to achieve commu-
nications interoperability; 
‘‘(IV) participate in the review 
and final approval of funding for 
grant applications for the purposes of 
administering the grant program es-
tablished under section 430(e); and 
‘‘(V) provide direct technical as-
sistance to State and local govern-
ments and public safety agencies for 
the purposes of administering the 
grant program established under sec-
tion 430(e). 
‘‘(ii) ASSISTANCE BY DIRECTOR AND 
UNDER
SECRETARY
FOR
SCIENCE
AND 
TECHNOLOGY.—The Director, under the 
direction of the Under Secretary for 
Science and Technology, shall—
‘‘(I) conduct and otherwise pro-
vide for research, development, test-
ing, and evaluation for public safety
communications 
technologies 
and 
equipment; 
‘‘(II) evaluate and validate new 
technology concepts, including systems 
engineering and development, and 
promote the deployment of advanced 
broadband 
communications 
tech-
nologies; and 
‘‘(III) encourage the development 
of flexible and open architectures and 
standards, with appropriate levels of 
security, for short-term and long-term 
solutions to interoperability. 
‘‘(B) OUTREACH
AND
COORDINATION.—
The Secretary, acting through both the Director 
and the Office of State and Local Government 
Coordination established under section 801, 
shall take such steps as are necessary to enable 
public safety agencies to achieve more effective 
and efficient interoperable communications, and 
shall collaborate with other Federal agencies, 
the leadership of public safety agencies, and 
State and local governments to—
‘‘(i) develop and maintain a task force 
that represents the broad customer base of
State and local public safety agencies, as 
well as Federal agencies, involved in public 
safety agency disciplines, in order to re-
ceive input and coordinate efforts to 
achieve communications interoperability; 
‘‘(ii) develop and implement a national 
strategy to achieve communications inter-
operability; 
‘‘(iii) facilitate collaborative planning 
and partnerships among local, State, and 
Federal government agencies; 
‘‘(iv) coordinate, execute, and align all 
Federal public safety wireless communica-
tions activities, to include the development 
of common guidance for grant programs, 
and any programs conducting demonstra-
tion projects, technical assistance, out-
reach, testing and evaluation, or research 
and development to enhance public safety 
wireless communications and interoper-
ability; 
‘‘(v) share best practices, and provide 
outreach and coordination to State and 
local governments and public safety agen-
cies, to implement short-term and long-
term solutions to achieve communications 
interoperability, and to include commer-
cially available equipment that facilitates 
interoperability, coordination, and integra-
tion among existing emergency commu-
nications systems; 
‘‘(vi) identify and work to overcome 
the political, institutional, and geographic 
barriers within the public safety commu-
nity that can impede interoperability 
among public safety agencies, including 
among Federal agencies; 
‘‘(vii) develop appropriate perform-
ance measures and systematically measure 
the Nation’s progress towards interoper-
ability; and 
‘‘(viii) monitor the availability of, and 
make recommendations to Congress to ad-
dress problems associated with the avail-
ability and more efficient use of, radio 
spectrum for public safety. 
‘‘(d) NATIONAL STRATEGY.—
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director, shall, in cooperation with 
State and local governments, Federal agencies, pub-
lic safety agencies, the private sector, and the task 
force established under subsection (c)(3)(B)(i), de-
velop a national strategy to achieve communications 
interoperability, which shall—
‘‘(A) provide for the development of na-
tional voluntary standards for the purchase and 
use by public safety agencies of interoperable 
communications equipment and technologies; 
‘‘(B) identify the appropriate interoperable 
communications capabilities necessary for Fed-
eral, State, and local public safety agencies to 
adequately protect the people of the United 
States; 
‘‘(C) address both short-term and long-
term solutions to achieving Federal, State and 
local communications interoperability, including 
provision of commercially available equipment 
that facilitates interoperability, coordination, 
and integration among existing emergency com-
munications systems; 
‘‘(D) identify how the Federal Government 
can work effectively with State and local gov-
ernments, public safety agencies in all States, 
and such other entities as are necessary to im-
plement the strategy;
‘‘(E) include measures to identify and 
overcome all obstacles to achieving interoper-
ability; and 
‘‘(F) set goals and establish time frames 
for the achievement of communications inter-
operability across the United States, and de-
velop performance measures to determine 
whether these goals are being met. 
‘‘(2) REPORT.—Not later than 6 months after 
the date of enactment of the Connecting the Oper-
ations of National Networks of Emergency Commu-
nications Technologies for First Responders Act of 
2004, and each year thereafter, the Secretary shall 
submit a report to the Congress—
‘‘(A) detailing the progress of the Depart-
ment in carrying out the purposes of this sec-
tion; 
‘‘(B) detailing the progress in achieving 
communications interoperability; and 
‘‘(C) making any recommendations nec-
essary to expedite the fulfillment of the pur-
poses of this section. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$50,000,000 for fiscal year 2005, and such sums as are
necessary each fiscal year thereafter, for the operations 
of the Office, and for other entities within the Department 
whose activities facilitate the purposes of the Connecting 
the Operations of National Networks of Emergency Com-
munications Technologies for First Responders Act of 
2004.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of contents in section 1(b) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 101) is amended by inserting 
after the item relating to section 313 the following:
‘‘314. Office of Wireless Public Safety Interoperable Communications.’’.
SEC. 4. INTEROPERABLE COMMUNICATIONS TECHNOLOGY 
GRANT PROGRAM. 
Section 430 of the Homeland Security Act of 2002 
(6 U.S.C. 238) is amended by adding at the end the fol-
lowing: 
‘‘(e) INTEROPERABLE COMMUNICATIONS GRANTS.—
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions shall apply: 
‘‘(A) 
COMMUNICATIONS
INTEROPER-
ABILITY.—The term ‘communications interoper-
ability’ means the ability of public safety service 
and support providers, including emergency re-
sponse providers, to communicate with other re-
sponding agencies and Federal agencies if nec-
essary, through information technology systems
and radio communications systems, and to ex-
change voice, data, or video with one another on 
demand, in real time, as necessary. 
‘‘(B) ELIGIBLE STATE.—The term ‘eligible 
State’ means a State that—
‘‘(i) has submitted a plan under para-
graph (4); and 
‘‘(ii) the Secretary determines has not 
achieved adequate statewide communica-
tions interoperability. 
‘‘(C) PUBLIC
SAFETY
AGENCIES.—The 
term ‘public safety agencies’ includes emergency 
response providers and any other persons that 
the Secretary determines must communicate ef-
fectively with one another to respond to emer-
gencies. 
‘‘(2) IN GENERAL.—The Secretary shall—
‘‘(A) make grants on a competitive basis 
directly to local governments (including a con-
sortium of local governments) and public safety 
agencies within eligible States, in consultation 
with the chief executives of the State or States, 
for the purpose of assisting in the development 
of interoperable communications systems at any 
stage, including—
‘‘(i) planning, system design, and en-
gineering; 
‘‘(ii) procurement and installation of 
equipment; 
‘‘(iii) operations and maintenance of 
equipment; and 
‘‘(iv) testing and technology develop-
ment; and 
‘‘(B) make grants to eligible States for ini-
tiatives necessary to achieve communications 
interoperability within each State, including—
‘‘(i) statewide communications plan-
ning; 
‘‘(ii) system design and engineering; 
‘‘(iii) procurement and installation of 
equipment; 
‘‘(iv) operations and maintenance of 
equipment; and 
‘‘(v) testing and technology develop-
ment initiatives. 
‘‘(3) COORDINATION.—
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that grants administered under this sub-
section are coordinated with the activities of 
other entities of the Department and other Fed-
eral entities so that grants awarded under this 
subsection, and other grant programs related to 
homeland security, facilitate the achievement of 
the strategy developed under section 314(c), 
and the purposes of the Connecting the Oper-
ations of National Networks of Emergency 
Communications Technologies for First Re-
sponders Act of 2004. 
‘‘(B) RELATIONSHIP TO EXISTING GRANT 
PROGRAMS.—Nothing in this Act shall provide 
for the combination of grant funds among the 
grant program established under this subsection 
and any other grant programs administered by 
the Department of Homeland Security, includ-
ing the State Homeland Security Grant Pro-
gram of the Department, or any successor to 
such grant program, and the Urban Area Secu-
rity Initiative of the Department, or any suc-
cessor to such grant program. 
‘‘(4) ELIGIBILITY.—
‘‘(A) SUBMISSION OF PLAN.—To be eligi-
ble to receive a grant under this subsection, 
each eligible State, or local governments or pub-
lic safety agencies within an eligible State or
States, shall submit a communications inter-
operability plan to the Secretary that—
‘‘(i) addresses any stage of the devel-
opment of interoperable communications 
systems, including planning, system design 
and engineering, procurement and installa-
tion, operations and maintenance, and test-
ing and technology development; 
‘‘(ii) if the applicant is not a State, 
includes a description of how the applicant 
addresses the goals specified in any appli-
cable State plan or plans submitted under 
this section; and 
‘‘(iii) is approved by the Secretary. 
‘‘(B) 
INCORPORATION
AND
CONSIST-
ENCY.—A plan submitted under subparagraph 
(A) may be part of, and shall be consistent 
with, any other homeland security plans re-
quired of the submitting party by the Depart-
ment. 
‘‘(5) AWARD OF GRANTS.—
‘‘(A) 
CONSIDERATIONS.—In 
approving 
plans and awarding grants under this sub-
section, the Secretary shall consider—
‘‘(i) the nature of the threat to the eli-
gible State or local jurisdiction; 
‘‘(ii) the location, risk, or vulnerability 
of critical infrastructure and key national 
assets; 
‘‘(iii) the number, as well as the den-
sity, of persons who will be served by inter-
operable communications systems; 
‘‘(iv) the extent of the partnerships, 
existing or planned, established between 
local jurisdictions and agencies partici-
pating in the development of interoperable 
communications systems, and their coordi-
nation with Federal and State agencies; 
‘‘(v) the level of communications 
interoperability already achieved by the ju-
risdictions; 
‘‘(vi) the extent to which the commu-
nications interoperability plan submitted 
under paragraph (4) adequately addresses 
steps necessary to implement short-term or 
long-term solutions to communications 
interoperability; 
‘‘(vii) the extent to which eligible 
States and local governments, in light of
their financial capability, demonstrate their 
commitment to expeditiously achieving 
communications 
interoperability 
by 
supplementing Federal funds with non-
Federal funds; 
‘‘(viii) the extent to which grants will 
expedite the achievement of interoperability 
in the relevant jurisdiction with Federal, 
State, and local agencies; and 
‘‘(ix) the extent to which grants will 
be utilized to implement advanced commu-
nications technologies to promote inter-
operability. 
‘‘(B) COST SHARING.—
‘‘(i) IN GENERAL.—The Federal share 
of the costs of an activity carried out with 
a grant to an applicant awarded under this 
section shall not exceed 75 percent. 
‘‘(ii) IN-KIND
MATCHING.—Each re-
cipient of a covered grant may meet the 
matching requirement under clause (i) by 
making in-kind contributions of goods or 
services that are directly linked with the 
purpose for which the grant is made, in-
cluding personnel overtime, contractor
services, administrative costs, equipment 
fuel and maintenance, and rental space. 
‘‘(6) REIMBURSEMENT.—
‘‘(A) IN GENERAL.—Unless otherwise re-
quested by the recipient of a grant under this 
subsection, grants shall not be awarded to reim-
burse the recipient for prior expenditures re-
lated to achieving communications interoper-
ability. 
‘‘(B) EXCEPTION.—The Secretary shall re-
imburse public safety agencies directly for costs 
incurred for expenditures related to achieving 
communications interoperability, if—
‘‘(i) the public safety agency expended 
funds after September 11, 2001, and be-
fore the date of enactment of this sub-
section; and 
‘‘(ii) such expenditures are consistent 
with and supportive of the communications 
interoperability plan approved by the Sec-
retary under paragraph (4)(A)(iii). 
‘‘(C) TERMINATION OF AUTHORITY.—The 
authority of the Secretary under subparagraph 
(B) shall terminate one year after the date on
which the Department of Homeland Security 
first allocates grant funds for this program. 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary 
$500,000,000 
for 
fiscal 
year 
2005, 
$750,000,000 for fiscal year 2006, $1,000,000,000 
for fiscal year 2007, $1,250,000,000 for fiscal year 
2008, $1,500,000,000 for fiscal year 2009, and such 
sums as are necessary each fiscal year thereafter, to 
carry out the purposes of this subsection.’’.
Æ