I 
109TH CONGRESS 
1ST SESSION H. R. 1323 
To establish a permanent grant program to improve public safety communica-
tions and the interoperability of emergency communications equipment. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2005 
Mr. STUPAK (for himself, Mr. FOSSELLA, Mr. ENGEL, Mrs. MCCARTHY, Mr. 
OBERSTAR, Mr. TOWNS, Mr. NADLER, Mr. ACKERMAN, Mr. MCNULTY, 
Ms. BERKLEY, and Mr. GORDON) 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. FINDINGS. 
The Congress finds the following: 
(1) Following the tragic events of September 
11, 2001, the need for interoperable communications
for public safety became even more apparent, and 
critical to address. 
(2) The inability of many firefighters and police 
to communicate with each other in the World Trade 
Centers led to some loss of lives that perhaps could 
have been prevented. 
(3) As demonstrated by a hearing by the Com-
mittee on Energy and Commerce of the House of 
Representatives, Subcommittee on Telecommuni-
cations and the Internet, on June 11, 2003, inter-
operability problems and spectrum and equipment 
shortages continue to plague our nation’s first re-
sponders, and without additional funding these prob-
lems will continue. 
(4) Action is critical to address these shortages 
not only to ensure readiness in the event of another 
terrorist attack, but also to address daily commu-
nications needs that are essential. 
(5) Each day this Nation’s public safety officers 
put their lives on the line to serve this country and 
immediate increases in funding are essential. 
(6) According to the report by the Council on 
Foreign Relations, the United States is drastically 
underfunding local emergency responders, and re-
mains dangerously unprepared to handle a cata-
strophic attack on American soil. 
SEC. 3. 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: 
‘‘SEC. 106. PUBLIC SAFETY TRUST FUND. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) FUND ESTABLISHED.—There is hereby es-
tablished in the Treasury of the United States the 
Public Safety Communications Trust Fund. 
‘‘(2) DEPOSITS.—The Fund shall consist of— 
‘‘(A) the amounts appropriated pursuant 
to subsection (f); and 
‘‘(B) 50 percent of the proceeds of any 
auction conducted pursuant to section 309(j) of 
the Communications Act of 1934 for any bands 
of frequencies other than those described in 
paragraph (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; and 
‘‘(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). 
‘‘(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 
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 
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- 
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 2004 and each of the 2 suc-
ceeding fiscal years. 
‘‘(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— 
‘‘(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).’’. 
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