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.