SEC. 1808. [6 U.S.C. 578] DEFINITION.

In this title, the term ``interoperable'' has the meaning

given the term ``interoperable communications'' under section

7303(g)(1) of the Intelligence Reform and Terrorism Prevention

Act of 2004 (6 U.S.C. 194(g)(1)).

SEC. 1809. [6 U.S.C. 579] INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT

PROGRAM.

(a) Establishment.--The Secretary shall establish the

Interoperable Emergency Communications Grant Program to make

grants to States to carry out initiatives to improve local,

tribal, statewide, regional, national and, where appropriate,

international interoperable emergency communications, including

communications in collective response to natural disasters,

acts of terrorism, and other man-made disasters.

(b) Policy.--The Director for Emergency Communications

shall ensure that a grant awarded to a State under this section

is consistent with the policies established pursuant to the

responsibilities and authorities of the Office of Emergency

Communications under this title, including ensuring that

activities funded by the grant--

(1) comply with the statewide plan for that State

required by section 7303(f) of the Intelligence Reform

and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f));

and

(2) comply with the National Emergency

Communications Plan under section 1802, when completed.

(c) Administration.--

(1) In general.--The Administrator of the Federal

Emergency Management Agency shall administer the

Interoperable Emergency Communications Grant Program

pursuant to the responsibilities and authorities of the

Administrator under title V of the Act.

(2) Guidance.--In administering the grant program,

the Administrator shall ensure that the use of grants

is consistent with guidance established by the Director

of Emergency Communications pursuant to section

7303(a)(1)(H) of the Intelligence Reform and Terrorism

Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)).

(d) Use of Funds.--A State that receives a grant under this

section shall use the grant to implement that State's Statewide

Interoperability Plan required under section 7303(f) of the

Intelligence Reform and Terrorism Prevention Act of 2004 (6

U.S.C. 194(f)) and approved under subsection (e), and to assist

with activities determined by the Secretary to be integral to

interoperable emergency communications.

(e) Approval of Plans.--

(1) Approval as condition of grant.--Before a State

may receive a grant under this section, the Director of

Emergency Communications shall approve the State's

Statewide Interoperable Communications Plan required

under section 7303(f) of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).

(2) Plan requirements.--In approving a plan under

this subsection, the Director of Emergency

Communications shall ensure that the plan--

(A) is designed to improve interoperability

at the city, county, regional, State and

interstate level;

(B) considers any applicable local or

regional plan; and

(C) complies, to the maximum extent

practicable, with the National Emergency

Communications Plan under section 1802.

(3) Approval of revisions.--The Director of

Emergency Communications may approve revisions to a

State's plan if the Director determines that doing so

is likely to further interoperability.

(f) Limitations on Uses of Funds.--

(1) In general.--The recipient of a grant under

this section may not use the grant--

(A) to supplant State or local funds;

(B) for any State or local government cost-

sharing contribution; or

(C) for recreational or social purposes.

(2) Penalties.--In addition to other remedies

currently available, the Secretary may take such

actions as necessary to ensure that recipients of grant

funds are using the funds for the purpose for which

they were intended.

(g) Limitations on Award of Grants.--

(1) National emergency communications plan

required.--The Secretary may not award a grant under

this section before the date on which the Secretary

completes and submits to Congress the National

Emergency Communications Plan required under section

1802.

(2) Voluntary consensus standards.--The Secretary

may not award a grant to a State under this section for

the purchase of equipment that does not meet applicable

voluntary consensus standards, unless the State

demonstrates that there are compelling reasons for such

purchase.

(h) Award of Grants.--In approving applications and

awarding grants under this section, the Secretary shall

consider--

(1) the risk posed to each State by natural

disasters, acts of terrorism, or other manmade

disasters, including--

(A) the likely need of a jurisdiction

within the State to respond to such risk in

nearby jurisdictions;

(B) the degree of threat, vulnerability,

and consequences related to critical

infrastructure (from all critical

infrastructure sectors) or key resources

identified by the Administrator or the State

homeland security and emergency management

plans, including threats to, vulnerabilities

of, and consequences from damage to critical

infrastructure and key resources in nearby

jurisdictions;

(C) the size of the population and density

of the population of the State, including

appropriate consideration of military, tourist,

and commuter populations;

(D) whether the State is on or near an

international border;

(E) whether the State encompasses an

economically significant border crossing; and

(F) whether the State has a coastline

bordering an ocean, a major waterway used for

interstate commerce, or international waters;

and

(2) the anticipated effectiveness of the State's

proposed use of grant funds to improve

interoperability.

(i) Opportunity to Amend Applications.--In considering

applications for grants under this section, the Administrator

shall provide applicants with a reasonable opportunity to

correct defects in the application, if any, before making final

awards.

(j) Minimum Grant Amounts.--

(1) States.--In awarding grants under this section,

the Secretary shall ensure that for each fiscal year,

except as provided in paragraph (2), no State receives

a grant in an amount that is less than the following

percentage of the total amount appropriated for grants

under this section for that fiscal year:

(A) For fiscal year 2008, 0.50 percent.

(B) For fiscal year 2009, 0.50 percent.

(C) For fiscal year 2010, 0.45 percent.

(D) For fiscal year 2011, 0.40 percent.

(E) For fiscal year 2012 and each

subsequent fiscal year, 0.35 percent.

(2) Territories and possessions.--In awarding

grants under this section, the Secretary shall ensure

that for each fiscal year, American Samoa, the

Commonwealth of the Northern Mariana Islands, Guam, and

the Virgin Islands each receive grants in amounts that

are not less than 0.08 percent of the total amount

appropriated for grants under this section for that

fiscal year.

(k) Certification.--Each State that receives a grant under

this section shall certify that the grant is used for the

purpose for which the funds were intended and in compliance

with the State's approved Statewide Interoperable

Communications Plan.

(l) State Responsibilities.--

(1) Availability of funds to local and tribal

governments.--Not later than 45 days after receiving

grant funds, any State that receives a grant under this

section shall obligate or otherwise make available to

local and tribal governments--

(A) not less than 80 percent of the grant

funds;

(B) with the consent of local and tribal

governments, eligible expenditures having a

value of not less than 80 percent of the amount

of the grant; or

(C) grant funds combined with other

eligible expenditures having a total value of

not less than 80 percent of the amount of the

grant.

(2) Allocation of funds.--A State that receives a

grant under this section shall allocate grant funds to

tribal governments in the State to assist tribal

communities in improving interoperable communications,

in a manner consistent with the Statewide Interoperable

Communications Plan. A State may not impose

unreasonable or unduly burdensome requirements on a

tribal government as a condition of providing grant

funds or resources to the tribal government.

(3) Penalties.--If a State violates the

requirements of this subsection, in addition to other

remedies available to the Secretary, the Secretary may

terminate or reduce the amount of the grant awarded to

that State or transfer grant funds previously awarded

to the State directly to the appropriate local or

tribal government.

(m) Reports.--

(1) Annual reports by state grant recipients.--A

State that receives a grant under this section shall

annually submit to the Director of Emergency

Communications a report on the progress of the State in

implementing that State's Statewide Interoperable

Communications Plans required under section 7303(f) of

the Intelligence Reform and Terrorism Prevention Act of

2004 (6 U.S.C. 194(f)) and achieving interoperability

at the city, county, regional, State, and interstate

levels. The Director shall make the reports publicly

available, including by making them available on the

Internet website of the Office of Emergency

Communications, subject to any redactions that the

Director determines are necessary to protect classified

or other sensitive information.

(2) Annual reports to congress.--At least once each

year, the Director of Emergency Communications shall

submit to Congress a report on the use of grants

awarded under this section and any progress in

implementing Statewide Interoperable Communications

Plans and improving interoperability at the city,

county, regional, State, and interstate level, as a

result of the award of such grants.

(n) Rule of Construction.--Nothing in this section shall be

construed or interpreted to preclude a State from using a grant

awarded under this section for interim or long-term Internet

Protocol-based interoperable solutions.

(o) Authorization of Appropriations.--There are authorized

to be appropriated for grants under this section--

(1) for fiscal year 2008, such sums as may be

necessary;

(2) for each of fiscal years 2009 through 2012,

$400,000,000; and

(3) for each subsequent fiscal year, such sums as

may be necessary.

SEC. 1810. [6 U.S.C. 580] BORDER INTEROPERABILITY DEMONSTRATION

PROJECT.

(a) In General.--

(1) Establishment.--The Secretary, acting through

the Director of the Office of Emergency Communications

(referred to in this section as the ``Director''), and

in coordination with the Federal Communications

Commission and the Secretary of Commerce, shall

establish an International Border Community

Interoperable Communications Demonstration Project

(referred to in this section as the ``demonstration

project'').

(2) Minimum number of communities.--The Director

shall select no fewer than 6 communities to participate

in a demonstration project.

(3) Location of communities.--No fewer than 3 of

the communities selected under paragraph (2) shall be

located on the northern border of the United States and

no fewer than 3 of the communities selected under

paragraph (2) shall be located on the southern border

of the United States.

(b) Conditions.--The Director, in coordination with the

Federal Communications Commission and the Secretary of

Commerce, shall ensure that the project is carried out as soon

as adequate spectrum is available as a result of the 800

megahertz rebanding process in border areas, and shall ensure

that the border projects do not impair or impede the rebanding

process, but under no circumstances shall funds be distributed

under this section unless the Federal Communications Commission

and the Secretary of Commerce agree that these conditions have

been met.

(c) Program Requirements.--Consistent with the

responsibilities of the Office of Emergency Communications

under section 1801, the Director shall foster local, tribal,

State, and Federal interoperable emergency communications, as

well as interoperable emergency communications with appropriate

Canadian and Mexican authorities in the communities selected

for the demonstration project. The Director shall--

(1) identify solutions to facilitate interoperable

communications across national borders expeditiously;

(2) help ensure that emergency response providers

can communicate with each other in the event of natural

disasters, acts of terrorism, and other man-made

disasters;

(3) provide technical assistance to enable

emergency response providers to deal with threats and

contingencies in a variety of environments;

(4) identify appropriate joint-use equipment to

ensure communications access;

(5) identify solutions to facilitate communications

between emergency response providers in communities of

differing population densities; and

(6) take other actions or provide equipment as the

Director deems appropriate to foster interoperable

emergency communications.

(d) Distribution of Funds.--

(1) In general.--The Secretary shall distribute

funds under this section to each community

participating in the demonstration project through the

State, or States, in which each community is located.

(2) Other participants.--A State shall make the

funds available promptly to the local and tribal

governments and emergency response providers selected

by the Secretary to participate in the demonstration

project.

(3) Report.--Not later than 90 days after a State

receives funds under this subsection the State shall

report to the Director on the status of the

distribution of such funds to local and tribal

governments.

(e) Maximum Period of Grants.--The Director may not fund

any participant under the demonstration project for more than 3

years.

(f) Transfer of Information and Knowledge.--The Director

shall establish mechanisms to ensure that the information and

knowledge gained by participants in the demonstration project

are transferred among the participants and to other interested

parties, including other communities that submitted

applications to the participant in the project.

(g) Authorization of Appropriations.--There is authorized

to be appropriated for grants under this section such sums as

may be necessary.

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