[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3465 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3465
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2008
Mr. Wicker introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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''.
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--
(1) in subparagraph (A), by striking ``subparagraphs (B),
(D), and (E)'' and inserting ``subparagraphs (B), (D), (E), and
(F)'';
(2) in subparagraph (C)(i), by inserting before the
semicolon at the end the following: ``or subparagraph (F)'';
and
(3) by adding at the end the following:
``(F) Transfer of certain auction proceeds for use
to provide interoperable devices.--
``(i) Establishment of trust fund.--
``(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).
``(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--
``(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; and
``(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.
``(ii) Grant program.--
``(I) Establishment.--
``(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--
``(AA) to purchase
interoperable devices
meeting the
requirements of
subclause (III); or
``(BB) to
distribute funds to
local public safety
entities in order for
such entities to use
the funds to directly
purchase such
interoperable devices.
``(bb) Condition of
grants.--
``(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.
``(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.
``(cc) Reserve for breakage
or loss.--
``(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).
``(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.
``(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.
``(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.
``(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.
``(III) Device requirements.--
Interoperable devices purchased with
funds authorized for grants under
subclause (I) shall--
``(aa) provide both mobile
satellite and terrestrial based
wireless service;
``(bb) be based on an open
source platform;
``(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;
``(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; and
``(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.
``(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.
``(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.
``(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.
``(VII) Grant cycles.--
``(aa) 2012.--
``(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.
``(BB) Total
awards.--The total
amount of grants
awarded under subitem
(AA) shall not exceed
$250,000,000.
``(bb) 2013 and beyond.--
``(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.
``(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.
``(cc) Formula.--Any funds
distributed under item (aa) or
item (bb) shall be based on a
formula established by the
Administrator.
``(dd) Baseline amounts.--
Any formula developed by the
Administrator under item (cc),
shall ensure that--
``(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;
``(BB) each
territory shall
receive, at a minimum,
an amount equal to .05
percent of the total
funds made available
under this clause; and
``(CC) each Indian
tribe shall receive, at
minimum, a fixed amount
to be determined by the
Administrator.
``(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.
``(VIII) Distribution of devices or
funds to public safety entities.--
``(aa) In general.--Not
later than 180 days after
receiving grant funds under
subclause (I), a State or
Indian tribe shall make
available--
``(AA) the
interoperable devices
purchased with such
funds to local public
safety entities located
in that State or Indian
tribe; or
``(BB) such funds
to local public safety
entities.
``(bb) Application.--
``(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.
``(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.
``(cc) Limitations.--
``(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.
``(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.
``(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.
``(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.
``(iv) Trust fund.--
``(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--
``(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;
``(bb) the results of the
investment activities and
financial status of the First
Responders Interoperable Device
Availability Trust Fund during
the preceding calendar year;
and
``(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.
``(v) Investment.--
``(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--
``(aa) on original issue at
the issue price; or
``(bb) by purchase of
outstanding obligations at the
market price.
``(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.
``(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.
``(vi) Studies.--
``(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--
``(aa) on the distribution
of funds authorized for grants
under clause (ii); and
``(bb) detailing the
expenditure of such funds,
including the type of
interoperable devices purchased
with such funds, and whether
such devices were purchased--
``(AA) by the State
and distributed to
local public safety
entities; or
``(BB) directly by
a local public safety
entity.
``(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--
``(aa) distribution of
funds authorized for grants
under clause (ii);
``(bb) expenditure of such
funds;
``(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;
``(dd) adherence of States
and Indian tribes to the grant
conditions set forth in clause
(ii)(I)(bb);
``(ee) solvency of the
First Responders Interoperable
Device Availability Trust Fund;
and
``(ff) effectiveness and
limitations of, and potential
improvements for, the grant
program established under this
subparagraph.
``(vii) Definitions.--In this subparagraph,
the following definitions shall apply:
``(I) Administrator.--The term
`Administrator' means the Administrator
of the National Telecommunications and
Information Administration.
``(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.
``(III) Device.--The term `device'
means a portable or mobile radio
device.
``(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)).
``(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.
``(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.
``(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.''.
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''.
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