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(C) Requests for records
In carrying out this title, the Secretary (or a designee) may require the submission of, or, on presentation of credentials, may at reasonable times seek access to and copy any documentation necessary for— (i) review or analysis of a vulnerability assessment or site security plan; or (ii) implementation of a site security plan.
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(D) Compliance
If the Secretary determines that an owner or operator of a chemical source is not maintaining, producing, or permitting access to the premises of a chemical source or records as required by this paragraph, the Secretary may issue an order requiring compliance with the relevant provisions of this section. (E) Qualified third-party audits
The Secretary shall establish standards as to the qualifications of third-party auditors.
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Such standards shall ensure the qualifications of the third-party auditor provide sufficient expertise in— (i) chemical site security vulnerabilities; (ii) chemical site security measures; and (iv) such other areas as the Secretary determines to be appropriate and necessary. (4) Submission of changes
The owner or operator of a chemical source shall provide to the Secretary a description of any significant change that is made to the vulnerability assessment or site security plan required for the chemical source under this section, not later than 90 days after the date the change is made.
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(c) Existing vulnerability assessments and security plans
Upon submission of a petition by an owner or operator of a chemical source to the Secretary in conjunction with a submission under subsection (b)(2)(A), the Secretary— (1) may endorse any vulnerability assessment or security plan— (A) that was conducted, developed, or required by— (i) industry; (ii) State or local authorities; or (iii) other applicable law; (B) that was conducted before, on, or after the date of enactment of this title;
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and (C) the contents of which the Secretary determines meet the standards established under the requirements of subsections (a)(1), (a)(2), and (a)(3); and (2) may make an endorsement of an existing vulnerability assessment or security plan under paragraph (1) contingent on modification of the vulnerability assessment or security plan to address— (A) a particular threat or type of threat; or (B) a requirement under (a)(2) or (a)(3). (d) Regulatory criteria
In exercising the authority under subsections (a), (b), (c),
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or (e) with respect to a chemical source, the Secretary shall consider— (1) the likelihood that a chemical source will be the target of terrorism; (2) the potential extent of death, injury, or serious adverse effects to human health or the environment that would result from a terrorist release; (3) the potential harm to critical infrastructure and national security from a terrorist release; and (4) such other security-related factors as the Secretary determines to be appropriate and necessary to protect the public health and welfare, critical infrastructure, and national security.
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(e) List of chemical sources
(1) In general
Not later than 180 days after the date of the enactment of this title, the Secretary shall develop a list of chemical sources in existence as of that date. (2) Considerations
In developing the list under paragraph (1), the Secretary shall take into consideration the criteria specified in subsection (d). (3) Prioritization
In developing the list under paragraph (1), the Secretary shall determine the potential extent of death, injury, or severe adverse effects to human health that would result from a terrorist release of dangerous substances from a chemical source.
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(4) Scope
In developing the list under paragraph (1), the Secretary shall include at least those facilities that pose a risk of potential death, injury, or severe adverse effects to not fewer than 1000 individuals. (5) Future determinations
Not later than 3 years after the date of the promulgation of regulations under subsection (a)(1), and every 3 years thereafter, the Secretary shall, after considering the criteria described in subsection (d)— (A) determine whether additional facilities (including, as of the date of the determination,
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facilities that are operational and facilities that will become operational in the future) shall be considered to be a chemical source under this title; (B) determine whether any chemical source identified on the most recent list under paragraph (1) no longer presents a risk sufficient to justify retention of classification as a chemical source under this title; and (C) update the list as appropriate. (f) 5- Y ear review
Not later than 5 years after the date of the certification of a vulnerability assessment and a site security plan under subsection (b)(1),
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and not less often than every 5 years thereafter (or on such a schedule as the Secretary may establish by regulation), the owner or operator of the chemical source covered by the vulnerability assessment or site security plan shall— (1) ensure the vulnerability assessment and site security plan meet the most recent regulatory standards issued under subsection (a)(1); and (2) (A) certify to the Secretary that the chemical source has completed the review and implemented any modifications to the site security plan; and (B) submit to the Secretary a description of any changes to the vulnerability assessment or site security plan.
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(g) Protection of information
(1) Critical infrastructure information
Except with respect to certifications specified in subsections (b)(1), (b)(2), and (f)(2)(A), vulnerability assessments and site security plans obtained in accordance with this title, and all information derived from those vulnerability assessments and site security plans that could pose a risk to a particular chemical source, shall be deemed critical infrastructure information as defined in section 212 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), and subject to all protections under sections 213 and 214 of that Act.
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(2) Exceptions to penalties
Section 214(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 133(f) ) shall not apply to a person described in that section that discloses information described in paragraph (1)— (A) for use in any administrative or judicial proceeding to impose a penalty for failure to comply with a requirement of this title; or (B) for the purpose of making a disclosure evidencing government, owner or operator, or employee activities that threaten the security of a chemical source or are inconsistent with the requirements of this title.
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(3) Rule of construction
Nothing in this subsection shall be construed to authorize the withholding of information from members of Congress acting in their official capacity. 194. Whistleblower protection
(a) In general
No person employed at a chemical source may be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of any lawful act done by the person— (1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the person reasonably believes constitutes a violation of any law,
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rule or regulation related to the security of the chemical source, or any other threat to the security of the chemical source, when the information or assistance is provided to or the investigation is conducted by— (A) a Federal regulatory or law enforcement agency; (B) any member or committee of the Congress; or (C) a person with supervisory authority over the person (or such other person who has the authority to investigate, discover, or terminate misconduct); or (2) to file, cause to be filed, testify in, participate in,
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or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law, rule, or regulation related to the security of a chemical source or any other threat to the security of a chemical source; or (3) to refuse to violate or assist in the violation of any law, rule, or regulation related to the security of chemical sources. (b) Enforcement action
(1) In general
A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c) by— (A) filing a complaint with the Secretary of Labor;
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or (B) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure
(A) In general
An action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code.
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(B) Exception
Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the person’s employer. (C) Burdens of proof
An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (D) Statute of limitations
An action under paragraph (1) shall be commenced not later than 90 days after the date on which the violation occurs.
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(c) Remedies
(1) In general
A person prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the person whole. (2) Compensatory damages
Relief for any action under paragraph (1) shall include— (A) reinstatement with the same seniority status that the person would have had, but for the discrimination; (B) the amount of back pay, with interest; and (C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
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(d) Rights retained by person
Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any person under any Federal or State law, or under any collective bargaining agreement. 195. Enforcement
(a) Failure to comply
If an owner or operator of a chemical source fails to certify or submit a vulnerability assessment or site security plan in accordance with this title, the Secretary may issue an order requiring the certification and submission of a vulnerability assessment or site security plan in accordance with section 193(b).
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(b) Disapproval
The Secretary may disapprove under subsection (a) a vulnerability assessment or site security plan submitted under section 193(b) or (c) if the Secretary determines that— (1) the vulnerability assessment or site security plan does not comply with regulations promulgated under section 193(a)(1), or the procedure, protocol, or standard endorsed or recognized under section 193(c); or (2) the site security plan, or the implementation of the site security plan, is insufficient to address— (A) the results of a vulnerability assessment of a chemical source;
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or (B) a threat of a terrorist release. (c) Compliance
If the Secretary disapproves a vulnerability assessment or site security plan of a chemical source under subsection (b), the Secretary shall— (1) provide the owner or operator of the chemical source a written notification of the determination that includes a clear explanation of deficiencies in the vulnerability assessment, site security plan, or implementation of the assessment or plan; (2) consult with the owner or operator of the chemical source to identify appropriate steps to achieve compliance; and (3) if, following that consultation,
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the owner or operator of the chemical source does not achieve compliance by such date as the Secretary determines to be appropriate under the circumstances, issue an order requiring the owner or operator to correct specified deficiencies. (d) Protection of information
Any determination of disapproval or order made or issued under this section shall be exempt from disclosure— (1) under section 552 of title 5, United States Code; (2) under any State or local law providing for public access to information; and (3) except as provided in section 193(g)(2), in any Federal or State civil or administrative proceeding. 196.
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Interagency technical support and cooperation
The Secretary— (1) in addition to such consultation as is required in this title, shall consult with Federal agencies with relevant expertise, and may request those Federal agencies to provide technical and analytical support, in implementing this title; and (2) may provide reimbursement for such technical and analytical support received as the Secretary determines to be appropriate. 197.
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Penalties
(a) Judicial relief
In a civil action brought in United States district court, any owner or operator of a chemical source that violates or fails to comply with any order issued by the Secretary under this subtitle or a site security plan submitted to the Secretary under this subtitle or recognized by the Secretary, for each day on which the violation occurs or the failure to comply continues, may be subject to— (1) an order for injunctive relief; and (2) a civil penalty of not more than $50,000.
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(b) Administrative penalties
(1) Penalty orders
The Secretary may issue an administrative penalty of not more than $250,000 for failure to comply with an order issued by the Secretary under this subtitle. (2) Notice and hearing
Before issuing an order described in paragraph (1), the Secretary shall provide to the person against whom the penalty is to be assessed— (A) written notice of the proposed order; and (B) the opportunity to request, not later than 30 days after the date on which the person receives the notice, a hearing on the proposed order.
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(3) Procedures
The Secretary may promulgate regulations outlining the procedures for administrative hearings and appropriate review under this subsection, including necessary deadlines. 198. No effect on requirements under other law
Nothing in this subtitle affects any duty or other requirement imposed under any other Federal or State law. 201.
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Cybersecurity training programs and equipment
(a) In general
The Secretary of Homeland Security, acting through the Assistant Secretary for Cybersecurity, may establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for— (1) the establishment or expansion of cybersecurity professional development programs; (2) the establishment or expansion of associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs.
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(b) Roles
(1) Department of homeland security
The Secretary, acting through the Assistant Secretary for Cybersecurity and in consultation with the Director of the National Science Foundation, shall establish the goals for the program under this section and the criteria for awarding grants under the program. (2) National science foundation
The Director of the National Science Foundation shall operate the program established under this section consistent with the goals and criteria established under paragraph (1), including soliciting applicants, reviewing applications, and making and administering grant awards. The Director may consult with the Assistant Secretary for Cybersecurity in selecting awardees.
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(3) Funding
The Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section. (c) Grant awards
(1) Peer review
All grant awards under this section shall be made on a competitive, merit reviewed basis. (2) Focus
In making grant awards under this section, the Director shall, to the extent practicable, ensure geographic diversity and the participation of women and underrepresented minorities.
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(3) Preference
In making grant awards under this section, the Director shall give preference to applications submitted by consortia of institutions to encourage as many students and professionals as possible to benefit from this program. (d) Authorization of Appropriations
There is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for fiscal year 2005. (e) Definitions
In this section, the term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).
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202. Assistant Secretary for Cybersecurity
(a) In general
Subtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 203. Assistant Secretary for Cybersecurity
(a) In general
There shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the Assistant Secretary ), who shall assist the Secretary in promoting cybersecurity for the Nation.
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(b) General authority
The Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. (c) Responsibilities
The responsibilities of the Assistant Secretary shall include the following: (1) To establish and manage— (A) a national cybersecurity response system that includes the ability to— (i) analyze the effect of cybersecurity threat information on national critical infrastructure; and (ii) aid in the detection and warning of attacks on, and in the restoration of,
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cybersecurity infrastructure in the aftermath of such attacks; (B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; (C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; (D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and (E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation.
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(2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. (3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. (4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 ( 6 U.S.C.
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312(6) ) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. (5) To develop processes for information sharing with the private sector, consistent with section 214, that— (A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and (B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors.
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(6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers. (7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. (8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. (9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations.
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(10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. (d) Authority over the national communications system
The Assistant Secretary shall have primary authority within the Department over the National Communications System.. (b) Clerical amendments
The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to subtitle A of title II the following: Sec. 203. Assistant Secretary for Cybersecurity.
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(c) Cybersecurity defined
Section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ) is amended by adding at the end the following: (17) (A) The term ‘cybersecurity’ means the prevention of damage to, the protection of, and the restoration of computers, electronic communications systems, electronic communication services, wire communication, and electronic communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation.
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(B) In this paragraph— (i) each of the terms ‘damage’ and ‘computer’ has the meaning that term has in section 1030 of title 18, United States Code; and (ii) each of the terms electronic communications system , electronic communication , wire communication , and electronic communication has the meaning that term has in section 2510 of title 18, United States Code.. 203.
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Assistant Secretary for Cybersecurity
(a) In general
There shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the Assistant Secretary ), who shall assist the Secretary in promoting cybersecurity for the Nation. (b) General authority
The Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management.
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(c) Responsibilities
The responsibilities of the Assistant Secretary shall include the following: (1) To establish and manage— (A) a national cybersecurity response system that includes the ability to— (i) analyze the effect of cybersecurity threat information on national critical infrastructure; and (ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; (B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities;
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(C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; (D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and (E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. (2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure.
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(3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. (4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(6) ) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure.
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(5) To develop processes for information sharing with the private sector, consistent with section 214, that— (A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and (B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. (6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers.
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(7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. (8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. (9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. (10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems.
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(d) Authority over the national communications system
The Assistant Secretary shall have primary authority within the Department over the National Communications System. 211. Short title
This subtitle may be cited as Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004. 212.
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Findings; purposes
(a) Findings
Congress finds the following: (1) Throughout the United States, public safety agencies—law enforcement, firefighters, emergency technicians, public health officials, and others—in the same jurisdictions cannot now communicate effectively with one another, with agencies in neighboring jurisdictions, or with other public safety agencies at the Federal and State level, when responding to emergencies or participating in major deployment.
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(2) The inability of public safety agencies in the United States to communicate with one another within and across jurisdictions and disciplines is a long-recognized and complex problem that threatens the public’s safety and security and often results in unnecessary loss of lives and property. (3) The lack of interoperability was at least partially responsible for the deaths of 343 firefighters in New York City on September 11, 2001, when police could not communicate effectively with firefighters prior to the collapse of the Twin Towers.
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(4) In the immediate aftermath of the Oklahoma City bombing in 1995, studies showed that emergency responders had to use runners to carry messages from one command center to another because the responding agencies used different emergency radio channels, different frequencies, and different radio systems. (5) In Littleton, Colorado, 46 public safety agencies responded to the shooting spree inside Columbine High School in 1999. Precious minutes were lost because command personnel were forced to send runners to communicate crucial information. Incompatible radio communication systems were a significant factor, according to the Columbine Review Commission.
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(6) There are more than 50,000 State and local public safety agencies. Many of these agencies are small or volunteer organizations with limited budgets, and little or no engineering expertise. State and local agencies consistently cite lack of funding as a critical obstacle to interoperability. (7) State and local budget crises have made funding public safety communications even more difficult, and competition with other critical homeland security needs, such as personnel, physical facilities, protective gear, and other kinds of equipment reduce the available funding for mission-critical communications infrastructures and equipment.
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(8) Funding is needed for all phases of the communications system life cycle: planning, system design and engineering, procurement and installation, operations and maintenance, and testing and technology development. There is clear need for a dedicated and consistent Federal funding source that is sufficient to finance comprehensive interoperable communications solutions. The role of Federal, State, and local governments and agencies in funding interoperable communications must be clear. (9) Achieving nationwide interoperability will require a significant financial commitment at all levels of government.
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In 1998, the Public Safety Wireless Network estimated that developing interoperable communications nationwide could cost $18,000,000,000. According to the Office of Wireless Public Safety Interoperable Communications, the umbrella program in the Department of Homeland Security designed to lead and coordinate interoperability efforts that is commonly known as Project SAFECOM, that estimate is now outdated and includes only part of the total cost of upgrades.
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(10) An Independent Task Force sponsored by the Council on Foreign Relations stated that among other things, additional funds are desperately needed... to foster interoperable communications systems for emergency responders across the country so that those on the front lines can communicate with each other while at the scene of attack. The Task Force recommended, conservatively , that $6,800,000,000 over 5 years is needed for interoperability as well as public alert and information systems programs. (11) Numerous Federal agencies provide information or grants that can be used in the development of interoperable communications systems.
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However, without common guidance and standards, funding and grants are often used in isolation of broader, regional communications needs and capacities. There is a need to better coordinate these disparate grant programs, and to provide unified and consistent leadership and funding from the Federal Government. (12) The partnership between the private and public sectors has developed numerous solutions to significantly improve communications interoperability that can be implemented immediately.
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These solutions include deployable vehicles that contain crosspatch capabilities that allow radio users on separate frequencies to talk to each other; communications system overlay software and hardware that allow multiple disparate communications networks to act as one network; and the Project 25 standard for the manufacturing of interoperable digital two-way wireless communications products.
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(13) Current approaches to achieving communications interoperability are also hampered by the fact that in many jurisdictions— (A) the existing radio communications infrastructure is old and outdated; (B) planning for interoperability is limited and fragmented among multiple agencies; (C) the necessary coordination and cooperation within and among jurisdictions is difficult to achieve; and (D) there is limited and fragmented amount of radio spectrum available to public safety organizations.
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(14) The lack of universally recognized, fully open, and implementable standards for public safety agency needs has limited the cost efficiencies of interoperability, and has delayed the adoption of new technologies by public safety agencies. (15) Solutions can only be achieved through cooperation among all levels of government, and the Federal Government, through the Department of Homeland Security, must provide nationwide leadership, coordination, and a substantial share of resources necessary to purchase appropriate technologies and create seamless communications among United States public safety agencies.
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(16) In April 2004, the General Accounting Office found that in Project SAFECOM’s 2 year history, the program has made very little progress in addressing its overall objective of achieving national wireless communications interoperability among first responders and public safety systems at all levels of government, principally due to— (A) a lack of consistent executive commitment and support; and (B) an inadequate level of interagency collaboration.
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(17) Project SAFECOM lacks the statutory authority and dedicated resources necessary to coordinate Federal programs or accomplish other tasks required to make the achievement of interoperability a national priority, and a realistic goal for the Nation.
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(b) Purposes
The purposes of this subtitle are to— (1) require the Department of Homeland Security to provide effective leadership, coordination, and technical assistance for the purposes of enhancing communications interoperability, and to establish and implement a strategy to ensure the achievement of communications interoperability for public safety agencies throughout the United States; (2) authorize appropriations for interoperable communications grants to State and local governments and public safety agencies; and (3) support the effective acquisition, installation, and maintenance of short-term and long-term interoperable communications equipment for homeland security at all levels of government. 213.
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Establishment of the Office of Wireless Public Safety Interoperable Communications
(a) Amendment
The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by adding after section 313 the following: 314.
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Office of Wireless Public Safety Interoperable Communications
(a) Definitions
In this section, the following definitions shall apply: (1) Communications interoperability
The term communications interoperability means the ability of public safety service and support providers, including emergency response providers, to communicate with other responding agencies and Federal agencies if necessary, through information technology systems and radio communications systems, and to exchange voice, data, or video with one another on demand, in real time, as necessary. (2) Director
The term Director means the Director of Wireless Public Safety Interoperable Communications.
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(3) Office
The term Office means the Office of Wireless Public Safety Interoperable Communications established under subsection (c). (4) Public safety agencies
The term public safety agencies includes emergency response providers and any other persons that the Secretary determines must communicate effectively with one another to respond to emergencies. (b) Sense of Congress regarding Project SAFECOM
It is the Sense of Congress that— (1) after more than 2 years, Project SAFECOM has made very limited progress in addressing its overall objective of achieving communications interoperability among entities at all levels of government;
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(2) a principal impediment to progress has been the failure to effectively collaborate with, and to obtain consistent funding from, other Federal agencies involved with SAFECOM; and (3) in order to accelerate progress in achieving communications interoperability among entities at all levels of government, all Federal funding and program management to achieve this goal should reside within the Department of Homeland Security. (c) Establishment
(1) In general
There is established the Office of Wireless Public Safety Interoperable Communications within the Directorate of Science and Technology, which shall be headed by a Director of Wireless Public Safety Interoperable Communications appointed by the Secretary.
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(2) Administration
The Secretary shall provide the Office with the resources and staff necessary to carry out the purposes of this section, including sufficient staff to provide support to each State. Support under this paragraph shall include outreach, coordination, and technical assistance. (3) Duties
(A) Technical assistance
(i) Assistance through Director
The Secretary, acting through the Director, shall— (I) provide leadership and coordination among all other Federal agencies that provide funding, research, technology development, or other support for communications interoperability; (II) accelerate, in consultation with other nationally recognized standards organizations as appropriate,
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the development of national voluntary consensus standards for communications interoperability, including the Project 25 standard, and establish a schedule of milestones to be achieved in developing such standards; (III) provide technical assistance to Federal, State, and local governments and public safety agencies on planning, interoperability architectures, acquisition strategies, and other functions necessary to achieve communications interoperability; (IV) participate in the review and final approval of funding for grant applications for the purposes of administering the grant program established under section 430(e);
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and (V) provide direct technical assistance to State and local governments and public safety agencies for the purposes of administering the grant program established under section 430(e).
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(ii) Assistance by Director and under Secretary for Science and Technology
The Director, under the direction of the Under Secretary for Science and Technology, shall— (I) conduct and otherwise provide for research, development, testing, and evaluation for public safety communications technologies and equipment; (II) evaluate and validate new technology concepts, including systems engineering and development, and promote the deployment of advanced broadband communications technologies; and (III) encourage the development of flexible and open architectures and standards, with appropriate levels of security, for short-term and long-term solutions to interoperability. (B) Outreach and coordination
The Secretary,
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acting through both the Director and the Office of State and Local Government Coordination established under section 801, shall take such steps as are necessary to enable public safety agencies to achieve more effective and efficient interoperable communications, and shall collaborate with other Federal agencies, the leadership of public safety agencies, and State and local governments to— (i) develop and maintain a task force that represents the broad customer base of State and local public safety agencies, as well as Federal agencies, involved in public safety agency disciplines, in order to receive input and coordinate efforts to achieve communications interoperability;
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(ii) develop and implement a national strategy to achieve communications interoperability; (iii) facilitate collaborative planning and partnerships among local, State, and Federal government agencies; (iv) coordinate, execute, and align all Federal public safety wireless communications activities, to include the development of common guidance for grant programs, and any programs conducting demonstration projects, technical assistance, outreach, testing and evaluation, or research and development to enhance public safety wireless communications and interoperability; (v) share best practices, and provide outreach and coordination to State and local governments and public safety agencies, to implement short-term and long-term solutions to achieve communications interoperability,
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and to include commercially available equipment that facilitates interoperability, coordination, and integration among existing emergency communications systems; (vi) identify and work to overcome the political, institutional, and geographic barriers within the public safety community that can impede interoperability among public safety agencies, including among Federal agencies; (vii) develop appropriate performance measures and systematically measure the Nation’s progress towards interoperability; and (viii) monitor the availability of, and make recommendations to Congress to address problems associated with the availability and more efficient use of, radio spectrum for public safety. (d) National strategy
(1) In general
The Secretary,
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acting through the Director, shall, in cooperation with State and local governments, Federal agencies, public safety agencies, the private sector, and the task force established under subsection (c)(3)(B)(i), develop a national strategy to achieve communications interoperability, which shall— (A) provide for the development of national voluntary standards for the purchase and use by public safety agencies of interoperable communications equipment and technologies; (B) identify the appropriate interoperable communications capabilities necessary for Federal, State, and local public safety agencies to adequately protect the people of the United States;
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(C) address both short-term and long-term solutions to achieving Federal, State and local communications interoperability, including provision of commercially available equipment that facilitates interoperability, coordination, and integration among existing emergency communications systems; (D) identify how the Federal Government can work effectively with State and local governments, public safety agencies in all States, and such other entities as are necessary to implement the strategy; (E) include measures to identify and overcome all obstacles to achieving interoperability; and (F) set goals and establish time frames for the achievement of communications interoperability across the United States,
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and develop performance measures to determine whether these goals are being met. (2) Report
Not later than 6 months after the date of enactment of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004 , and each year thereafter, the Secretary shall submit a report to the Congress— (A) detailing the progress of the Department in carrying out the purposes of this section; (B) detailing the progress in achieving communications interoperability; and (C) making any recommendations necessary to expedite the fulfillment of the purposes of this section.
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(e) Authorization of appropriations
There are authorized to be appropriated to the Secretary $50,000,000 for fiscal year 2005, and such sums as are necessary each fiscal year thereafter, for the operations of the Office, and for other entities within the Department whose activities facilitate the purposes of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004.. (b) Technical and conforming amendment
The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C.
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101 ) is amended by inserting after the item relating to section 313 the following: 314. Office of Wireless Public Safety Interoperable Communications. 314.
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Office of Wireless Public Safety Interoperable Communications
(a) Definitions
In this section, the following definitions shall apply: (1) Communications interoperability
The term communications interoperability means the ability of public safety service and support providers, including emergency response providers, to communicate with other responding agencies and Federal agencies if necessary, through information technology systems and radio communications systems, and to exchange voice, data, or video with one another on demand, in real time, as necessary. (2) Director
The term Director means the Director of Wireless Public Safety Interoperable Communications.
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(3) Office
The term Office means the Office of Wireless Public Safety Interoperable Communications established under subsection (c). (4) Public safety agencies
The term public safety agencies includes emergency response providers and any other persons that the Secretary determines must communicate effectively with one another to respond to emergencies. (b) Sense of Congress regarding Project SAFECOM
It is the Sense of Congress that— (1) after more than 2 years, Project SAFECOM has made very limited progress in addressing its overall objective of achieving communications interoperability among entities at all levels of government;
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(2) a principal impediment to progress has been the failure to effectively collaborate with, and to obtain consistent funding from, other Federal agencies involved with SAFECOM; and (3) in order to accelerate progress in achieving communications interoperability among entities at all levels of government, all Federal funding and program management to achieve this goal should reside within the Department of Homeland Security. (c) Establishment
(1) In general
There is established the Office of Wireless Public Safety Interoperable Communications within the Directorate of Science and Technology, which shall be headed by a Director of Wireless Public Safety Interoperable Communications appointed by the Secretary.
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(2) Administration
The Secretary shall provide the Office with the resources and staff necessary to carry out the purposes of this section, including sufficient staff to provide support to each State. Support under this paragraph shall include outreach, coordination, and technical assistance. (3) Duties
(A) Technical assistance
(i) Assistance through Director
The Secretary, acting through the Director, shall— (I) provide leadership and coordination among all other Federal agencies that provide funding, research, technology development, or other support for communications interoperability; (II) accelerate, in consultation with other nationally recognized standards organizations as appropriate,
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the development of national voluntary consensus standards for communications interoperability, including the Project 25 standard, and establish a schedule of milestones to be achieved in developing such standards; (III) provide technical assistance to Federal, State, and local governments and public safety agencies on planning, interoperability architectures, acquisition strategies, and other functions necessary to achieve communications interoperability; (IV) participate in the review and final approval of funding for grant applications for the purposes of administering the grant program established under section 430(e);
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and (V) provide direct technical assistance to State and local governments and public safety agencies for the purposes of administering the grant program established under section 430(e).
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(ii) Assistance by Director and under Secretary for Science and Technology
The Director, under the direction of the Under Secretary for Science and Technology, shall— (I) conduct and otherwise provide for research, development, testing, and evaluation for public safety communications technologies and equipment; (II) evaluate and validate new technology concepts, including systems engineering and development, and promote the deployment of advanced broadband communications technologies; and (III) encourage the development of flexible and open architectures and standards, with appropriate levels of security, for short-term and long-term solutions to interoperability. (B) Outreach and coordination
The Secretary,
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acting through both the Director and the Office of State and Local Government Coordination established under section 801, shall take such steps as are necessary to enable public safety agencies to achieve more effective and efficient interoperable communications, and shall collaborate with other Federal agencies, the leadership of public safety agencies, and State and local governments to— (i) develop and maintain a task force that represents the broad customer base of State and local public safety agencies, as well as Federal agencies, involved in public safety agency disciplines, in order to receive input and coordinate efforts to achieve communications interoperability;
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(ii) develop and implement a national strategy to achieve communications interoperability; (iii) facilitate collaborative planning and partnerships among local, State, and Federal government agencies; (iv) coordinate, execute, and align all Federal public safety wireless communications activities, to include the development of common guidance for grant programs, and any programs conducting demonstration projects, technical assistance, outreach, testing and evaluation, or research and development to enhance public safety wireless communications and interoperability; (v) share best practices, and provide outreach and coordination to State and local governments and public safety agencies, to implement short-term and long-term solutions to achieve communications interoperability,
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and to include commercially available equipment that facilitates interoperability, coordination, and integration among existing emergency communications systems; (vi) identify and work to overcome the political, institutional, and geographic barriers within the public safety community that can impede interoperability among public safety agencies, including among Federal agencies; (vii) develop appropriate performance measures and systematically measure the Nation’s progress towards interoperability; and (viii) monitor the availability of, and make recommendations to Congress to address problems associated with the availability and more efficient use of, radio spectrum for public safety. (d) National strategy
(1) In general
The Secretary,
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acting through the Director, shall, in cooperation with State and local governments, Federal agencies, public safety agencies, the private sector, and the task force established under subsection (c)(3)(B)(i), develop a national strategy to achieve communications interoperability, which shall— (A) provide for the development of national voluntary standards for the purchase and use by public safety agencies of interoperable communications equipment and technologies; (B) identify the appropriate interoperable communications capabilities necessary for Federal, State, and local public safety agencies to adequately protect the people of the United States;
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(C) address both short-term and long-term solutions to achieving Federal, State and local communications interoperability, including provision of commercially available equipment that facilitates interoperability, coordination, and integration among existing emergency communications systems; (D) identify how the Federal Government can work effectively with State and local governments, public safety agencies in all States, and such other entities as are necessary to implement the strategy; (E) include measures to identify and overcome all obstacles to achieving interoperability; and (F) set goals and establish time frames for the achievement of communications interoperability across the United States,
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and develop performance measures to determine whether these goals are being met. (2) Report
Not later than 6 months after the date of enactment of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004 , and each year thereafter, the Secretary shall submit a report to the Congress— (A) detailing the progress of the Department in carrying out the purposes of this section; (B) detailing the progress in achieving communications interoperability; and (C) making any recommendations necessary to expedite the fulfillment of the purposes of this section.
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(e) Authorization of appropriations
There are authorized to be appropriated to the Secretary $50,000,000 for fiscal year 2005, and such sums as are necessary each fiscal year thereafter, for the operations of the Office, and for other entities within the Department whose activities facilitate the purposes of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004. 214. Interoperable communications technology grant program
Section 430 of the Homeland Security Act of 2002 ( 6 U.S.C.
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238 ) is amended by adding at the end the following: (e) Interoperable communications grants
(1) Definitions
In this subsection, the following definitions shall apply: (A) Communications interoperability
The term communications interoperability means the ability of public safety service and support providers, including emergency response providers, to communicate with other responding agencies and Federal agencies if necessary, through information technology systems and radio communications systems, and to exchange voice, data, or video with one another on demand, in real time, as necessary.
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(B) Eligible State
The term eligible State means a State that— (i) has submitted a plan under paragraph (4); and (ii) the Secretary determines has not achieved adequate statewide communications interoperability. (C) Public safety agencies
The term public safety agencies includes emergency response providers and any other persons that the Secretary determines must communicate effectively with one another to respond to emergencies. (2) In general
The Secretary shall— (A) make grants on a competitive basis directly to local governments (including a consortium of local governments) and public safety agencies within eligible States,
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in consultation with the chief executives of the State or States, for the purpose of assisting in the development of interoperable communications systems at any stage, including— (i) planning, system design, and engineering; (ii) procurement and installation of equipment; (iii) operations and maintenance of equipment; and (iv) testing and technology development; and (B) make grants to eligible States for initiatives necessary to achieve communications interoperability within each State, including— (i) statewide communications planning; (ii) system design and engineering; (iii) procurement and installation of equipment; (iv) operations and maintenance of equipment;
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and (v) testing and technology development initiatives. (3) Coordination
(A) In general
The Secretary shall ensure that grants administered under this subsection are coordinated with the activities of other entities of the Department and other Federal entities so that grants awarded under this subsection, and other grant programs related to homeland security, facilitate the achievement of the strategy developed under section 314(c), and the purposes of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004.
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(B) Relationship to existing grant programs
Nothing in this Act shall provide for the combination of grant funds among the grant program established under this subsection and any other grant programs administered by the Department of Homeland Security, including the State Homeland Security Grant Program of the Department, or any successor to such grant program, and the Urban Area Security Initiative of the Department, or any successor to such grant program. (4) Eligibility
(A) Submission of plan
To be eligible to receive a grant under this subsection, each eligible State, or local governments or public safety agencies within an eligible State or States,
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shall submit a communications interoperability plan to the Secretary that— (i) addresses any stage of the development of interoperable communications systems, including planning, system design and engineering, procurement and installation, operations and maintenance, and testing and technology development; (ii) if the applicant is not a State, includes a description of how the applicant addresses the goals specified in any applicable State plan or plans submitted under this section; and (iii) is approved by the Secretary.
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(B) Incorporation and consistency
A plan submitted under subparagraph (A) may be part of, and shall be consistent with, any other homeland security plans required of the submitting party by the Department. (5) Award of grants
(A) Considerations
In approving plans and awarding grants under this subsection, the Secretary shall consider— (i) the nature of the threat to the eligible State or local jurisdiction; (ii) the location, risk, or vulnerability of critical infrastructure and key national assets; (iii) the number, as well as the density, of persons who will be served by interoperable communications systems;
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(iv) the extent of the partnerships, existing or planned, established between local jurisdictions and agencies participating in the development of interoperable communications systems, and their coordination with Federal and State agencies; (v) the level of communications interoperability already achieved by the jurisdictions; (vi) the extent to which the communications interoperability plan submitted under paragraph (4) adequately addresses steps necessary to implement short-term or long-term solutions to communications interoperability; (vii) the extent to which eligible States and local governments, in light of their financial capability,
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demonstrate their commitment to expeditiously achieving communications interoperability by supplementing Federal funds with non-Federal funds; (viii) the extent to which grants will expedite the achievement of interoperability in the relevant jurisdiction with Federal, State, and local agencies; and (ix) the extent to which grants will be utilized to implement advanced communications technologies to promote interoperability. (B) Cost sharing
(i) In general
The Federal share of the costs of an activity carried out with a grant to an applicant awarded under this section shall not exceed 75 percent.
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(ii) In-kind matching
Each recipient of a covered grant may meet the matching requirement under clause (i) by making in-kind contributions of goods or services that are directly linked with the purpose for which the grant is made, including personnel overtime, contractor services, administrative costs, equipment fuel and maintenance, and rental space. (6) Reimbursement
(A) In general
Unless otherwise requested by the recipient of a grant under this subsection, grants shall not be awarded to reimburse the recipient for prior expenditures related to achieving communications interoperability.
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