S 3465 ISCommentsClose CommentsPermalink

To reserve certain proceeds from the auction of spectrum, including the auction of the D-block of spectrum, for use to provide interoperable devices to public safety personnel.CommentsClose CommentsPermalink

September 10, 2008CommentsClose CommentsPermalink

Mr. WICKER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To reserve certain proceeds from the auction of spectrum, including the auction of the D-block of spectrum, for use to provide interoperable devices to public safety personnel.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Reliable, Effective, and Sustained Procurement of New Devices for Emergency Responders Act of 2008’ or the ‘RESPONDER Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. RESERVE OF CERTAIN AUCTION PROCEEDS FOR USE TO PROVIDE INTEROPERABLE DEVICES.

Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘subparagraphs (B), (D), and (E)’ and inserting ‘subparagraphs (B), (D), (E), and (F)’;CommentsClose CommentsPermalink





(2) in subparagraph (C)(i), by inserting before the semicolon at the end the following: ‘or subparagraph (F)’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(F) TRANSFER OF CERTAIN AUCTION PROCEEDS FOR USE TO PROVIDE INTEROPERABLE DEVICES-CommentsClose CommentsPermalink





‘(i) ESTABLISHMENT OF TRUST FUND-CommentsClose CommentsPermalink





‘(I) IN GENERAL- There is established in the Treasury of the United States a trust fund to be known as the ‘First Responders Interoperable Device Availability Trust Fund’, consisting of such amounts as shall be deposited under subclause (II).CommentsClose CommentsPermalink





‘(II) TRANSFER OF AMOUNTS- Notwithstanding subparagraphs (A) and (E) or any other provision of law, there shall be deposited in the First Responders Interoperable Device Availability Trust Fund--CommentsClose CommentsPermalink

‘(aa) 5 percent of the net proceeds (including deposits and upfront payments from successful bidders) from the use of the competitive bidding system established under this subsection; andCommentsClose CommentsPermalink

‘(bb) 100 percent of the net proceeds (including deposits and upfront payments from the successful bidders) from the use of a competitive bidding system under this subsection with respect to the D-block of licenses.CommentsClose CommentsPermalink

‘(ii) GRANT PROGRAM-CommentsClose CommentsPermalink





‘(I) ESTABLISHMENT-CommentsClose CommentsPermalink

‘(aa) TRANSFER- The Secretary of the Treasury shall transfer to the Administrator of the National Telecommunications and Information Administration amounts in the First Responders Interoperable Device Availability Trust Fund to be used by the Administrator to make grants in accordance with the requirements of this clause to States and Indian tribes--CommentsClose CommentsPermalink

‘(AA) to purchase interoperable devices meeting the requirements of subclause (III); orCommentsClose CommentsPermalink

‘(BB) to distribute funds to local public safety entities in order for such entities to use the funds to directly purchase such interoperable devices.CommentsClose CommentsPermalink

‘(bb) CONDITION OF GRANTS-CommentsClose CommentsPermalink

‘(AA) COST SHARE- In order to obtain a grant under this clause, a State or Indian tribe shall agree to provide for each interoperable device to be purchased by the State or Indian tribe, from non-Federal sources, an amount equal to the difference (if any) between the actual cost of purchasing that interoperable device and $1,000.CommentsClose CommentsPermalink

‘(BB) OTHER CONDITIONS- The Administrator shall, in coordination with the Director of the Office of Emergency Communications within the Department of Homeland Security, develop such additional conditions and requirements that a State or Indian tribe shall meet in order to obtain a grant under this clause as the Administrator and the Director determine necessary.CommentsClose CommentsPermalink

‘(cc) RESERVE FOR BREAKAGE OR LOSS-CommentsClose CommentsPermalink

‘(AA) IN GENERAL- Of the total amount of grant funds made available to a State or Indian tribe under this clause, the State or Indian tribe shall set aside, reserve, or otherwise allocate not less than 1 percent of such amounts to a reserve fund from which the State or Indian tribe may distribute funds to local public safety entities for repair, maintenance, or loss of the interoperable devices purchased by the State or Indian tribe and distributed to such agencies pursuant to this subparagraph or purchased directly by local public safety entities with any amounts distributed to such entities under subclause (VII).CommentsClose CommentsPermalink

‘(BB) APPLICATION- In order to be eligible to receive funds for repair, maintenance, or loss as described in subitem (AA), a local public safety entity shall submit an application at such time, in such form, and with such information and assurances as a State or Indian tribe may require.CommentsClose CommentsPermalink

‘(CC) NTIA REVIEW- Not later than 1 year after the date of enactment of this subparagraph, and each year thereafter, the Administrator shall review the ability of each reserve fund established under subitem (AA) to determine if the 1-percent set aside requirement is sufficient to meet the repair, maintenance, and loss replacement needs of the State or Indian tribe. If the Administrator determines that the 1-percent set aside requirement is not sufficient, the Administrator may by rule increase the set aside requirement up to a maximum of 5 percent of the total amount of grant funds made available to a State or Indian tribe.CommentsClose CommentsPermalink

‘(dd) RESERVE FOR ADMINISTRATIVE COSTS- Of the total amount of grant funds made available to a State or Indian tribe under this clause, a State or Indian tribe may reserve not more than 5 percent for administrative costs associated with the management and distribution of such funds.CommentsClose CommentsPermalink

‘(II) BULK PURCHASES- A State or Indian tribe may use any grant funds received under subclause (I) to purchase interoperable devices meeting the requirements of subclause (III) on a bulk basis.CommentsClose CommentsPermalink





‘(III) DEVICE REQUIREMENTS- Interoperable devices purchased with funds authorized for grants under subclause (I) shall--CommentsClose CommentsPermalink

‘(aa) provide both mobile satellite and terrestrial based wireless service;CommentsClose CommentsPermalink

‘(bb) be based on an open source platform;CommentsClose CommentsPermalink

‘(cc) be devices intended for use by public safety personnel and certified for use on the interoperable network or networks built to serve public safety within the 700 MHz band, as agreed to by the Public Safety Broadband Licensee, or its successors, and its commercial partners, in accordance with rules and regulations promulgated by the Commission;CommentsClose CommentsPermalink

‘(dd) be compatible with any other platform, spectrum, or wireless network used or reserved for use by the State with respect to interoperable communications within that State; andCommentsClose CommentsPermalink

‘(ee) satisfy any other interoperable device requirements established as of the date of such purchase by the Secretary of Homeland Security, the Administrator, or the Commission.CommentsClose CommentsPermalink

‘(IV) COORDINATION- In carrying out the grant program established under this clause, the Administrator shall coordinate its efforts to establish interoperable device requirements under subclause (III) with the head of any other Federal agency responsible for establishing standards related to interoperable devices.CommentsClose CommentsPermalink





‘(V) ADMINISTRATIVE COSTS- Not more than 5 percent of the amounts transferred to the Administrator in accordance with subclause (I) may be used for the administrative costs of the National Telecommunications and Information Administration.CommentsClose CommentsPermalink





‘(VI) APPLICATION- In order to be eligible to receive a grant under this clause, a State or Indian tribe shall submit an application at such time, in such form, and with such information and assurances as the Administrator may require.CommentsClose CommentsPermalink





‘(VII) GRANT CYCLES-CommentsClose CommentsPermalink

‘(aa) 2012-CommentsClose CommentsPermalink

‘(AA) IN GENERAL- Beginning in fiscal year 2012, the Administrator shall award grants to States and Indian tribes to purchase interoperable devices meeting the requirements of subclause (III) or to distribute funds to local public safety entities in order for such entities to use the funds to directly purchase such interoperable devices.CommentsClose CommentsPermalink

‘(BB) TOTAL AWARDS- The total amount of grants awarded under subitem (AA) shall not exceed $250,000,000.CommentsClose CommentsPermalink

‘(bb) 2013 AND BEYOND-CommentsClose CommentsPermalink

‘(AA) IN GENERAL- Beginning in fiscal year 2013 and continuing in each fiscal year thereafter, the Administrator shall award grants to States and Indian tribes to purchase interoperable devices meeting the requirements of subclause (III) or to distribute funds to local public safety entities in order for such entities to use the funds to directly purchase such interoperable devices.CommentsClose CommentsPermalink

‘(BB) TOTAL AWARDS- The total amount of grants awarded under subitem (AA) shall not exceed 20 percent of the total amount held in the First Responders Interoperable Device Availability Trust Fund, as such amount is determined on the last day of the prior fiscal year.CommentsClose CommentsPermalink

‘(cc) FORMULA- Any funds distributed under item (aa) or item (bb) shall be based on a formula established by the Administrator.CommentsClose CommentsPermalink

‘(dd) BASELINE AMOUNTS- Any formula developed by the Administrator under item (cc), shall ensure that--CommentsClose CommentsPermalink

‘(AA) each State (excluding territories and possessions) shall receive, at a minimum, an amount equal to .50 percent of the total funds made available under this clause;CommentsClose CommentsPermalink

‘(BB) each territory shall receive, at a minimum, an amount equal to .05 percent of the total funds made available under this clause; andCommentsClose CommentsPermalink

‘(CC) each Indian tribe shall receive, at minimum, a fixed amount to be determined by the Administrator.CommentsClose CommentsPermalink

‘(ee) PRIORITY DISTRIBUTION OF REMAINING FUNDS- The funds remaining for distribution under this clause after allocation of the baseline amounts under item (dd) shall be distributed to State and Indian Tribes based upon all-hazard risk, unmet financial need, and per capita income criteria established by the Administrator.CommentsClose CommentsPermalink

‘(VIII) DISTRIBUTION OF DEVICES OR FUNDS TO PUBLIC SAFETY ENTITIES-CommentsClose CommentsPermalink

‘(aa) IN GENERAL- Not later than 180 days after receiving grant funds under subclause (I), a State or Indian tribe shall make available--CommentsClose CommentsPermalink

‘(AA) the interoperable devices purchased with such funds to local public safety entities located in that State or Indian tribe; orCommentsClose CommentsPermalink

‘(BB) such funds to local public safety entities.CommentsClose CommentsPermalink

‘(bb) APPLICATION-CommentsClose CommentsPermalink

‘(AA) IN GENERAL- In order to be eligible to receive an interoperable device under this clause, a local public safety entity shall submit an application at such time, in such form, and with such information and assurances as the State or Indian tribe may require.CommentsClose CommentsPermalink

‘(BB) LIMITATION ON APPLICATION FOR REPLACEMENT DEVICES- A local public safety entity that receives an interoperable device under this clause may submit an application for additional replacement devices once every 5 years.CommentsClose CommentsPermalink

‘(cc) LIMITATIONS-CommentsClose CommentsPermalink

‘(AA) IN GENERAL- Grant funds distributed from a State or Indian tribe to a local public safety entity under this clause shall not exceed $1,000 per eligible public safety official under the jurisdiction of such entity.CommentsClose CommentsPermalink

‘(BB) REQUIRED USE OF FUNDS- A local public safety entity receiving grant funds from a State or Indian tribe under this clause shall use such funds to purchase interoperable devices that satisfy all the requirements described in subclause (III) and that have been approved by both the State or Indian tribe and the Administrator.CommentsClose CommentsPermalink

‘(CC) PRIORITY- A State or Indian tribe that receives grant funds pursuant to this clause shall distribute such funds to local public safety entities based upon all-hazard risk, unmet financial need, and per capita income criteria established by the Administrator.CommentsClose CommentsPermalink

‘(iii) CREDIT- The Administrator may borrow from the Treasury such sums as may be necessary to implement this subparagraph. The Administrator shall reimburse the Treasury, without interest, as funds are deposited into the First Responders Interoperable Device Availability Trust Fund.CommentsClose CommentsPermalink





‘(iv) TRUST FUND-CommentsClose CommentsPermalink





‘(I) TRUSTEE AND REPORT- The Secretary of the Treasury shall be the trustee of the First Responders Interoperable Device Availability Trust Fund, and shall submit an annual report to the Committee on Finance of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives on--CommentsClose CommentsPermalink

‘(aa) the financial condition and the results of the operations of the First Responders Interoperable Device Availability Trust Fund during the fiscal year preceding the fiscal year in which such report is submitted;CommentsClose CommentsPermalink

‘(bb) the results of the investment activities and financial status of the First Responders Interoperable Device Availability Trust Fund during the preceding calendar year; andCommentsClose CommentsPermalink

‘(cc) the expected condition and operations of the First Responders Interoperable Device Availability Trust Fund during the fiscal year in which such report is submitted and the 5 fiscal years succeeding such fiscal year.CommentsClose CommentsPermalink

‘(v) INVESTMENT-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The Secretary of the Treasury shall invest such portion of the First Responders Interoperable Device Availability Trust Fund as is not, in his or her judgment, required to meet current withdrawals. Such investments shall be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired--CommentsClose CommentsPermalink

‘(aa) on original issue at the issue price; orCommentsClose CommentsPermalink

‘(bb) by purchase of outstanding obligations at the market price.CommentsClose CommentsPermalink

‘(II) SALE AT MARKET PRICES- Any obligation acquired by the First Responders Interoperable Device Availability Trust Fund may be sold by the Secretary of the Treasury at the market price.CommentsClose CommentsPermalink





‘(III) INTEREST TO BE CREDITED TO TRUST FUND- The interest on, and the proceeds from the sale or redemption of, any obligations held in the First Responders Interoperable Device Availability Trust Fund shall be credited to and form a part of the Trust Fund.CommentsClose CommentsPermalink





‘(vi) STUDIES-CommentsClose CommentsPermalink





‘(I) NTIA REPORT ON GRANT PROGRAM- Not later than 1 year after the date of enactment of this subparagraph and each year thereafter, the Administrator shall conduct a study and submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives--CommentsClose CommentsPermalink

‘(aa) on the distribution of funds authorized for grants under clause (ii); andCommentsClose CommentsPermalink

‘(bb) detailing the expenditure of such funds, including the type of interoperable devices purchased with such funds, and whether such devices were purchased--CommentsClose CommentsPermalink

‘(AA) by the State and distributed to local public safety entities; orCommentsClose CommentsPermalink

‘(BB) directly by a local public safety entity.CommentsClose CommentsPermalink

‘(II) GAO REPORT- Not later than 3 years after the date of enactment of this subparagraph and every 3 years thereafter, the Comptroller General of the United States shall conduct a study and submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the--CommentsClose CommentsPermalink

‘(aa) distribution of funds authorized for grants under clause (ii);CommentsClose CommentsPermalink

‘(bb) expenditure of such funds;CommentsClose CommentsPermalink

‘(cc) cost of interoperable devices to be used in connection with the interoperable network or networks built to serve public safety within the 700 MHz band, as agreed to by the Public Safety Broadband Licensee, or its successors, and its commercial partners, in accordance with rules and regulations promulgated by the Commission;CommentsClose CommentsPermalink

‘(dd) adherence of States and Indian tribes to the grant conditions set forth in clause (ii)(I)(bb);CommentsClose CommentsPermalink

‘(ee) solvency of the First Responders Interoperable Device Availability Trust Fund; andCommentsClose CommentsPermalink

‘(ff) effectiveness and limitations of, and potential improvements for, the grant program established under this subparagraph.CommentsClose CommentsPermalink

‘(vii) DEFINITIONS- In this subparagraph, the following definitions shall apply:CommentsClose CommentsPermalink





‘(I) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the National Telecommunications and Information Administration.CommentsClose CommentsPermalink





‘(II) D-BLOCK- The term ‘D-block’ means that part of the electromagnetic spectrum between 758 megahertz and 763 megahertz and 788 megahertz and 793 megahertz.CommentsClose CommentsPermalink





‘(III) DEVICE- The term ‘device’ means a portable or mobile radio device.CommentsClose CommentsPermalink





‘(IV) INDIAN TRIBE- The term ‘Indian tribe’ has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).CommentsClose CommentsPermalink





‘(V) PUBLIC SAFETY ENTITY OR PUBLIC SAFETY OFFICIAL- The term ‘public safety entity’ or ‘public safety official’ means any entity or person authorized by a State or Indian tribe to protect the safety of life, health, or property.CommentsClose CommentsPermalink





‘(VI) STATE- The term ‘State’ means each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, and any other territory or other possession of the United States.CommentsClose CommentsPermalink





‘(VII) TERRITORY- The term ‘territory’ means American Samoa, the Republic of Palau, the Federated States of Micronesia, the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and Guam.’.CommentsClose CommentsPermalink

SEC. 3. 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 ‘2011’ and inserting ‘2014’.CommentsClose CommentsPermalink