I 
110TH CONGRESS 
1ST SESSION H. R. 3116 
To establish a permanent grant program to improve public safety communica-
tions and the interoperability of emergency communications equipment. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 19, 2007 
Mr. STUPAK (for himself, Mr. FOSSELLA, and Mr. ENGEL) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To establish a permanent grant program to improve public 
safety communications and the interoperability of emer-
gency communications equipment. 
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 the ‘‘Public Safety Inter-
operability Implementation Act’’. 
SEC. 2. PUBLIC SAFETY TRUST FUND. 
Part A of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
901 et seq.) is amended by adding at the end the following 
new section: 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS
‘‘SEC. 106. PUBLIC SAFETY TRUST FUND. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) FUND ESTABLISHED.—There is hereby es-
tablished, as a separate Fund in the Digital Tele-
vision Transition and Public Safety Fund (estab-
lished by section 309(j)(8)(E) of the Communica-
tions Act of 1934 (47 U.S.C. 309(j)(8)(E)), the 
Public Safety Communications Trust Fund. 
‘‘(2) DEPOSITS.—The Fund shall consist of— 
‘‘(A) any amounts deposited in the Digital 
Television Transition and Public Safety Fund 
that remain after— 
‘‘(i) the payments required to be made 
from the Digital Television Transition and 
Public Safety Fund pursuant to sections 
3005 through 3012 of the Digital Tele-
vision Transition and Public Safety Act of 
2005; and 
‘‘(ii) the transfer to the general fund 
of the Treasury required by section 
309(j)(8)(E)(iii) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(8)(E)(iii)); 
‘‘(B) the amounts appropriated pursuant 
to subsection (f); and 
‘‘(C) 50 percent of the proceeds of any 
auction conducted after the date of enactment 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS
of the Public Safety Interoperability Implemen-
tation Act pursuant to section 309(j) of the 
Communications Act of 1934 for any bands of 
frequencies other than those described in para-
graph (3), except that such percentage may be 
reduced in accordance with paragraph (4). 
‘‘(3) EXCEPTED FREQUENCIES.—The bands of 
frequencies described in this paragraph are the fol-
lowing: 
‘‘(A) the 216–220 megahertz band, the 
1432–1435 megahertz band, the 1710–1755 
megahertz band, and the 2385–2390 megahertz 
band of frequencies; 
‘‘(B) any other band of frequencies reallo-
cated from Federal use to non-Federal use after 
January 1, 2003, that is assigned by competi-
tive bidding pursuant to section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 
309(j)), except for bands of frequencies pre-
viously identified by the National Telecommuni-
cations and Information Administration in the 
Spectrum Reallocation Final Report, NTIA 
Special Publication 95–32 (1995); and 
‘‘(C) the recovered analog spectrum, as 
such 
term 
is 
defined 
in 
section 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS
309(j)(15)(C)(vi) of the Communications Act of 
1934. 
‘‘(4) REDUCTION
OF
PERCENTAGE.—If the 
board of directors submits to the Congress a state-
ment that— 
‘‘(A) projects that the future needs for 
grants under subsection (c) has been reduced to 
the extent that the percentage specified in para-
graph (2) is likely to yield a surplus in the 
Fund beyond the amounts needed to meet such 
needs, and 
‘‘(B) specifies a lower percentage that the 
board estimates to be sufficient to meet such 
needs (without yielding a surplus), 
paragraph (2) shall be applied to any auction subject 
to such paragraph that is conducted after the date 
of submission of such statement by substituting such 
lower percentage for 50 percent. 
‘‘(5) FUND AVAILABILITY.— 
‘‘(A) APPROPRIATION.—There are hereby 
appropriated from the Fund such sums as are 
authorized by the board to be disbursed for 
grants under this section. 
‘‘(B) REVERSION
OF
UNUSED
FUNDS.— 
Any grant proceeds that remain unexpended at 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS
the end of the grant period as determined 
under subsection (c)(3) shall revert to and be 
deposited in the Fund. 
‘‘(b) BOARD OF DIRECTORS.— 
‘‘(1) ESTABLISHMENT.—The Fund shall be ad-
ministered by the Administrator of the NTIA, in 
consultation with a board of directors comprised of 
5 members, appointed by the Secretary, with experi-
ence in one or more of the following fields: grant 
and investment management; communications equip-
ment and software applications; and public safety 
and emergency response. The board shall consult 
with, or include a member or members from, the De-
partment of Homeland Security. 
‘‘(2) FUNCTIONS.—The board shall— 
‘‘(A) establish the reasonable and prudent 
criteria for the selection of the grant recipients 
under this section; 
‘‘(B) determine the amount of the grants 
awarded; and 
‘‘(C) review the use of funds made by such 
grant recipients. 
‘‘(3) COMPENSATION
PROHIBITED; EXPENSES 
PROVIDED.—The members of the board shall serve 
without compensation, but may, from appropriated 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS
funds available for the administrative expenses of 
the NTIA, receive travel expenses, including per 
diem in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 57 of 
title 5, United States Code. 
‘‘(c) PURPOSE AND ACTIVITIES OF THE TRUST.— 
‘‘(1) GRANT PURPOSES.—In order to achieve 
the objectives and carry out the purposes of this 
part, the Administrator is authorized to make 
grants, from amounts deposited pursuant to sub-
section (a)(2) and from the interest or other income 
on the Fund, to implement interoperability and mod-
ernization (including equipment upgrades) for the 
communications needs of public safety, fire, emer-
gency, law enforcement, and crisis management by 
State and local government agencies and instrumen-
talities and nonprofit organizations. 
‘‘(2) GRANT PREFERENCE FOR BROADER SCOPE 
OF INTEROPERABILITY.—In making grants from the 
Fund, the Administrator shall give preference to eli-
gible entities that are proposing inter-agency or re-
gional and multi-jurisdictional interoperability. 
‘‘(3) GRANT AVAILABILITY.—Grants from the 
Fund shall be made available on a single or multi- 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS
year basis to facilitate long term planning and train-
ing. 
‘‘(d) ELIGIBLE ENTITIES.—The following organiza-
tions and entities are eligible to apply for funds under this 
section: 
‘‘(1) an agency or instrumentality of a State or 
local government of the United States (including an 
agency or instrumentality of a territory or posses-
sion of the United States); and 
‘‘(2) a nonprofit agency or organization that is 
exempt from taxes under section 501(c)(3) of the In-
ternal Revenue Code of 1986 and that performs a 
public safety function, as determined by the Admin-
istrator. 
‘‘(e) PERMISSIBLE
USES
OF
FUNDS.—Amounts 
made available by grant from the Fund may be used by 
eligible entities for equipment, training, planning, and re-
search for the purposes of upgrading communications and 
the interoperability of communications used in public safe-
ty, fire, emergency, law enforcement, and crisis manage-
ment. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Fund 
$500,000,000 for fiscal year 2008 and each of the 2 suc-
ceeding fiscal years. 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS
‘‘(g) REPORTS.— 
‘‘(1) BY GRANT RECIPIENTS.—Each grant re-
cipient shall submit to the Administrator and the 
board a report on the use of the funds provided by 
the grant, and on the progress made with respect to 
the improvement of the grant recipient’s communica-
tions capabilities. 
‘‘(2) BY ADMINISTRATOR.—The Administrator 
shall annually submit to the Congress a report on 
the operations of the Fund and the grants made by 
the Funds. Such report shall include— 
‘‘(A) an identification of the grants made, 
the recipients thereof, and the planned uses of 
the amounts made available; 
‘‘(B) a financial report on the operations 
and condition of the Fund; and 
‘‘(C) a description of the results of the use 
of funds provided by grants under this section, 
including the status of interoperability imple-
mentation by the grant recipients. 
‘‘(h) REGULATIONS.—The Administrator may pre-
scribe such regulations as may be necessary and appro-
priate to carry out this section. 
‘‘(i) DEFINITIONS.—As used in this section— 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS
‘‘(1) the term ‘the Fund’ means the Public 
Safety Communications Trust Fund established pur-
suant to subsection (a); and 
‘‘(2) the term ‘the board’ means the board of 
directors established pursuant to subsection (b).’’. 
Æ 
VerDate Aug 31 2005 
22:15 Jul 20, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H3116.IH
H3116
pwalker on PROD1PC71 with BILLS