[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2976 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2976
To enhance public safety by making more spectrum available to public
safety agencies, to facilitate the development of a wireless public
safety broadband network, to provide standards for the spectrum needs
of public safety agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2011
Mr. Rothman of New Jersey (for himself and Mr. King of New York)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To enhance public safety by making more spectrum available to public
safety agencies, to facilitate the development of a wireless public
safety broadband network, to provide standards for the spectrum needs
of public safety agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Help Emergency
Responders Operate Emergency Systems Act of 2011'' or the ``HEROES Act
of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES
Sec. 101. Findings.
Sec. 102. Allocation and assignment of public safety licenses.
Sec. 103. Standards.
Sec. 104. Rule of construction.
TITLE II--FUNDING
Sec. 201. Definitions.
Sec. 202. Funding.
Sec. 203. Public safety interoperable broadband network construction.
Sec. 204. Public safety interoperable broadband maintenance and
operation.
Sec. 205. Audits.
Sec. 206. Auction of spectrum to fund the interoperable broadband
network construction fund, the operation
and maintenance fund, and the narrowbanding
compliance assistance program.
Sec. 207. Narrowbanding assistance.
Sec. 208. Extension of auction authority and assurance of open
auctions.
Sec. 209. Report on efficient use of public safety spectrum.
Sec. 210. Report on long-term interoperability using IP-based
solutions.
TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES
SEC. 101. FINDINGS.
The Congress finds the following:
(1) The communications capabilities of first responders and
other public safety agencies directly affect the public safety
of the people of the United States and our national security.
(2) As events such as the terrorist attacks of September
11, 2001, and Hurricane Katrina revealed, the inability of
local, State, tribal, and Federal first responders to
communicate effectively during an emergency impairs operations
to respond to terrorist acts and natural disasters.
(3) Many public safety communications systems rely on
commercially available systems that lack broadband capabilities
or otherwise fail to provide the level of service necessary to
meet the mission-critical needs of public safety agencies.
(4) A wireless public safety broadband network is needed to
guarantee priority access for public safety use and first
responder interoperability across the United States.
(5) Allocating the paired electromagnetic spectrum bands of
758-763 megahertz and 788-793 megahertz, referred to as the D
Block, to public safety agencies will fulfill the needs of
public safety agencies for sufficient spectrum and would help
reduce the complexity and future operating cost of public
safety communications systems.
(6) Because the communications needs of public safety
agencies may differ by geographic region (including whether
they require a dedicated communications system or can rely on a
system shared with commercial users), each region requires
flexibility to develop a model that meets its local needs
without sacrificing the interoperability of the nationwide
system.
(7) The most timely and cost-effective way to achieve
nationwide interoperability in public safety communications
will be to leverage commercial infrastructure without
compromising the mission-critical needs of public safety
agencies.
(8) The use by public safety agencies of standardized
technologies commonly employed in the commercial
telecommunications sector will provide significant benefits,
including improved capabilities, greater economies of scale,
and more rapid adoption of technological innovations.
(9) When it is in the interest of public safety, the
Federal Communications Commission should encourage any public
safety licensee or spectrum lessee to consider using existing
or planned commercial infrastructure.
SEC. 102. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES.
(a) Spectrum Allocation.--Section 337(a) of the Communications Act
of 1934 (47 U.S.C. 337(a)) is amended--
(1) in paragraph (1), by striking ``24'' and inserting
``34''; and
(2) in paragraph (2), by striking ``36'' and inserting
``26''.
(b) Assignment.--Section 337(b) of the Communications Act of 1934
(47 U.S.C. 337(b)) is amended to read as follows:
``(b) Assignment.--
``(1) In general.--Not later than 60 days after the date of
enactment of the HEROES Act of 2011, the Commission shall
allocate the paired electromagnetic spectrum bands of 758-763
megahertz and 788-793 megahertz for public safety broadband
communications and shall license such paired bands to the
public safety broadband licensee.
``(2) Establishment of rules.--
``(A) In general.--The Commission shall establish
rules to permit the public safety broadband licensee to
authorize providers of public safety services to
construct and operate a wireless public safety
broadband network in the spectrum licensed to the
public safety broadband licensee if the public safety
broadband licensee determines that such authorization
would expedite the deployment of public safety
broadband communications.
``(B) Network requirements.--The Commission shall
require that any such wireless public safety broadband
network shall--
``(i) be fully interoperable and remain
interoperable with, and in conformance with the
same broadband technology standards as, all
other public safety broadband systems deployed
or authorized;
``(ii) provide for roaming by local, State,
tribal, and Federal governments and other
authorized users of the spectrum licensed to
the public safety broadband licensee;
``(iii) provide priority access to public
safety agencies;
``(iv) be built to survive most large-scale
disasters;
``(v) ensure that networks of such systems
have the appropriate level of cyber security;
``(vi) ensure that authorized users have
control over all local network uses consistent
with rules established by the Commission; and
``(vii) be consistent with the Statewide
Interoperable Communications Plans adopted by
each State and the National Emergency
Communications Plan, as adopted by the
Department of Homeland Security.
``(C) Deadlines.--
``(i) Rules.--The Commission shall
establish rules under this paragraph not later
than 9 months after the date of enactment of
the HEROES Act of 2011.
``(ii) Report.--
``(I) In general.--Not later than
60 days after the date of enactment of
the HEROES Act of 2011, the public
safety broadband licensee shall submit
a report to the appropriate committees
of Congress on the phased network
deployment plan of such spectrum bands.
``(II) Definitions.--For purposes
of subclause (I), the term `appropriate
committees of Congress' means--
``(aa) the Committee on
Homeland Security and
Governmental Affairs of the
Senate;
``(bb) the Committee on
Commerce, Science, and
Transportation of the Senate;
``(cc) the Committee on
Energy and Commerce of the
House of Representatives; and
``(dd) the Committee on
Homeland Security of the House
of Representatives.''.
(c) Network-Sharing Agreements.--Section 337 of the Communications
Act of 1934 (47 U.S.C. 337) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Rulemaking Required.--The Commission shall establish
regulations to--
``(1) authorize the shared use of the public safety
broadband spectrum and network infrastructure by entities that
are not defined as public safety services in subsection (g)(1),
subject to the requirement that public safety services retain
priority access to the spectrum, pursuant to procedures adopted
by the Commission, so long as the needs of other governmental
entities needs are considered before commercial entities; and
``(2) allow use of the public safety broadband spectrum by
emergency response providers, as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101).''.
(d) Definition.--Section 337(g) of the Communications Act of 1934
(as so redesignated) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(3) and (4), respectively; and
(2) by inserting before paragraph (3), as so redesignated,
the following:
``(1) Public safety broadband licensee.--The term `public
safety broadband licensee' means a licensee as defined by the
Commission in its Second Report and Order adopted July 31, 2007
(FCC 07-132), and selected in the Commission's Order adopted
November 19, 2007 (FCC 07-199), by the Commission to be the
licensee for spectrum between 763-768 and 793-798 megahertz.
``(2) Public safety broadband spectrum.--The term `public
safety broadband spectrum' means the electromagnetic spectrum
between 758 megahertz and 768 megahertz, inclusive, and 788
megahertz and 798 megahertz, inclusive, and any additional
electromagnetic frequencies allocated by the Commission for
public safety broadband use.''.
SEC. 103. STANDARDS.
(a) Interoperability Requirements.--Not later than 180 days after
the date of enactment of this Act, the Chairman of the Federal
Communications Commission, in consultation with the Director of the
National Institute of Standards and Technology, the Secretary of
Homeland Security, the Attorney General, and local, State, tribal, and
Federal public safety agencies, shall develop a public safety agency
statement of requirements that enables nationwide interoperability and
roaming across any communications system using public safety broadband
spectrum, as defined in section 337(g) of the Communications Act of
1934.
(b) Specifications.--The Secretary of Homeland Security, in
coordination with the Director of the National Institute of Standards
and Technology, shall establish an appropriate standard, or set of
standards, for meeting the public safety agency statement requirements
developed under subsection (a), taking into consideration--
(1) the extent to which particular technologies and user
equipment are, or are likely to be, available in the commercial
marketplace;
(2) the availability of necessary technologies and
equipment on reasonable and nondiscriminatory licensing terms;
(3) the ability to evolve with technological developments
in the commercial marketplace;
(4) the ability to accommodate prioritization for public
safety transmissions;
(5) the ability to accommodate appropriate security
measures for public safety transmissions; and
(6) any other considerations the Federal Communications
Commission deems appropriate.
SEC. 104. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to overturn, supersede, or otherwise preempt the Federal
Communication Commission's Order adopted on November 19, 2007 (FCC 07-
199), setting forth the roles and responsibilities of the public safety
broadband licensee (as such term is defined in section 337(g) of the
Communications Act of 1934) and the Federal Communications Commission,
except that the following may, by rule or order, be modified by the
Commission:
(1) Any organization seeking membership to the board of
directors of the public safety broadband licensee may be voted
in by a simple majority of the then serving members of the
Board of Directors.
(2) The Board of Directors of the public safety broadband
licensee shall include the following organizations:
(A) International Association of Chiefs of Police.
(B) International Association of Fire Chiefs.
(C) National Sheriffs' Association.
(D) International Association of Fire Fighters.
(E) National Volunteer Fire Council.
(F) Fraternal Order of Police.
(G) Major Cities Chiefs Association.
(H) Metropolitan Fire Chiefs Association.
(I) Major County Sheriffs' Association.
(J) Association of Public-Safety Communications
Officials, International.
(K) National Emergency Management Association.
(L) International Association of Emergency
Managers.
(M) Police Executive Research Forum.
(N) National Criminal Justice Association.
(O) National Association of Police Organizations.
(P) National Organization of Black Law Enforcement
Executives.
(Q) Association of Air Medical Services.
(R) Advocates for Emergency Medical Services.
(S) Emergency Nurses Association.
(T) National Association of Emergency Medical
Services Physicians.
(U) National Association of Emergency Medical
Technicians.
(V) National Association of State Emergency Medical
Service Officials.
(W) National Emergency Medical Services Management
Association.
(X) International Municipal Signal Association.
(Y) American Probation and Parole Association.
(Z) National Governors Association.
(AA) National Association of Counties.
(BB) National League of Cities.
(CC) United States Conference of Mayors.
(DD) Council of State Governments.
(EE) International City/County Managers
Association.
(FF) National Conference of State Legislatures.
(GG) National Association of Regional Councils.
(HH) Utilities Telecom Council.
(II) American Association of State Highway
Transportation Officials.
(JJ) American Hospital Association.
(KK) Forestry Conservation Communications
Association.
(LL) National Association of State 911
Administrators.
(MM) National Troopers Coalition.
(NN) National Emergency Numbers Association.
TITLE II--FUNDING
SEC. 201. DEFINITIONS.
In this title--
(1) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Communications and Information;
(2) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives;
(3) the term ``Construction Fund'' means the Public Safety
Interoperable Broadband Network Construction Fund established
under section 202;
(4) the term ``Maintenance and Operation Fund'' means the
Public Safety Interoperable Broadband Network Maintenance and
Operation Fund established under section 202; and
(5) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 202. FUNDING.
(a) Establishment of Funds.--
(1) Construction fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
Public Safety Interoperable Broadband Network
Construction Fund.
(B) Purpose.--The Secretary shall establish and
administer the grant program under section 203 using
the funds deposited in the Construction Fund.
(C) Credit.--
(i) Borrowing authority.--The Secretary may
borrow from the general fund of the Treasury
beginning October 1, 2011, such sums as may be
necessary, but not to exceed $2,000,000,000, to
implement section 203.
(ii) Reimbursement.--The Secretary of the
Treasury shall reimburse the general fund of
the Treasury, without interest, for any amounts
borrowed under clause (i) as funds are
deposited into the Construction Fund, but in no
case later than December 31, 2014.
(2) Maintenance and operation fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
Public Safety Interoperable Broadband Network
Maintenance and Operation Fund.
(B) Purpose.--The Secretary shall use the funds
deposited in the Maintenance and Operation Fund to
carry out section 204.
(3) Narrowbanding compliance assistance program.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
Narrowbanding Compliance Assistance Program.
(B) Purpose.--The Secretary shall use the funds
deposited in the Narrowbanding Compliance Assistance
Program to carry out section 207.
(b) Initial Distribution of Auction Proceeds in Funds.--
Notwithstanding subparagraphs (A) and (D) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Secretary of the
Treasury shall deposit the proceeds (including deposits and upfront
payments from successful bidders) from the auction of the spectrum
described in section 205 in the following manner:
(1) All proceeds less than or equal to $5,500,000,000 shall
be deposited in the Construction Fund and shall be made
available to the Secretary without further appropriations.
(2) Any proceeds exceeding $5,500,000,000 shall be
deposited in the Maintenance and Operation Fund and shall be
made available to the Secretary without further appropriations.
(c) Transfer of Funds at Completion of Construction.--The Secretary
of the Treasury shall transfer to the Maintenance and Operation Fund
any funds remaining in the Construction Fund after the date of the
completion of the construction phase, as determined by the Secretary.
(d) Transfer of Funds to Treasury.--The Secretary of the Treasury
shall transfer to the general fund of the Treasury any funds remaining
in the Maintenance and Operation Fund after the end of the 10-year
period following receipt of notice by the Secretary of Homeland
Security that construction of the nationwide system has been completed.
(e) Authorization of Appropriations.--
(1) Construction fund.--There are authorized to be
appropriated to the Secretary for deposit in the Construction
Fund in and after fiscal year 2012 an amount not to exceed the
amount set forth in paragraph (4).
(2) Maintenance and operation fund.--There are authorized
to be appropriated to the Secretary for deposit in the
Maintenance and Operation Fund in and after fiscal year 2012 an
amount not to exceed the amount set forth in paragraph (4).
(3) Narrowbanding compliance assistance program.--There are
authorized to be appropriated to the Secretary for deposit in
the Narrowbanding Compliance Assistance Program in and after
fiscal year 2012 an amount not to exceed the amount set forth
in paragraph (4).
(4) Limitation.--The authorization of appropriations under
paragraphs (1) and (2) may not exceed a total of $5,500,000,000
and paragraph (3) may not exceed $400,000,000.
SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK CONSTRUCTION.
(a) Construction Grant Program Establishment.--The Secretary shall
take such action as is necessary to establish a grant program to assist
public safety entities to establish a nationwide public safety
interoperable broadband network in the 700 megahertz band.
(b) Projects.--The projects for which construction grants may be
made under this section are the following:
(1) Construction of a new public safety interoperable
broadband network using public safety infrastructure or
commercial infrastructure, or both, in the 700 megahertz band.
(2) Improvement of the existing public safety and
commercial networks and construction of new infrastructure to
meet public safety requirements.
(c) Matching Requirements.--
(1) Federal share.--The Federal share of the cost of
carrying out a project under this section may not exceed 80
percent of the eligible costs of carrying out a project, as
determined by the Secretary in consultation with the Chairman
of the Federal Communications Commission.
(2) Non-federal share.--The non-Federal share of the cost
of carrying out a project under this section may be provided
through an in-kind contribution.
(d) Requirements.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish grant program
requirements including the following:
(1) Defining entities that are eligible to receive a grant
under this section.
(2) Defining eligible costs for purposes of subsection
(c)(1).
(3) Determining the scope of network infrastructure
eligible for grant funding under this section.
(4) Conditioning grant funding on compliance with the
Federal Communications Commission's license terms.
(5) Ensuring that all grant funds are in compliance with
and support the goals of the National Emergency Communications
Plan and the Statewide Communication Interoperability Plans for
each State and territory.
(e) Technical Assistance.--The Secretary will enhance the Office of
Emergency Communications Technical Assistance Program to assist
grantees with best practices and guidance in implementing these
projects.
SEC. 204. PUBLIC SAFETY INTEROPERABLE BROADBAND MAINTENANCE AND
OPERATION.
(a) Maintenance and Operation Reimbursement Program.--The Secretary
shall administer a program through which not more than 50 percent of
maintenance and operational expenses associated with the public safety
interoperable broadband network may be reimbursed from the Maintenance
and Operation Fund for those expenses that are attributable to the
maintenance, operation, and improvement of the public safety
interoperable broadband network.
(b) Report.--Not later than 7 years after the commencement of the
reimbursement program established under subsection (a), the Secretary
shall submit to Congress a report on whether to continue to provide
funding for the Maintenance and Operation Fund following completion of
the period provided for under section 202(d).
SEC. 205. AUDITS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, and every 3 years thereafter, the Comptroller General of
the United States shall perform an audit of the financial statements,
records, and accounts of the--
(1) Public Safety Interoperable Broadband Network
Construction Fund established under section 202(a)(1);
(2) Public Safety Interoperable Broadband Network
Maintenance and Operation Fund established under section
202(a)(2);
(3) construction grant program established under section
203; and
(4) maintenance and operation grant program established
under section 204.
(b) GAAP.--Each audit required under subsection (a) shall be
conducted in accordance with generally accepted accounting procedures.
(c) Report to Congress.--A copy of each audit required under
subsection (a) shall be submitted to the appropriate committees of
Congress.
SEC. 206. AUCTION OF SPECTRUM TO FUND THE INTEROPERABLE BROADBAND
NETWORK CONSTRUCTION FUND, THE OPERATION AND MAINTENANCE
FUND, AND THE NARROWBANDING COMPLIANCE ASSISTANCE
PROGRAM.
(a) Reallocation of Spectrum.--Not later than 1 year after the date
of enactment of this Act, the Assistant Secretary shall reallocate for
commercial use electromagnetic spectrum at 1755-1780 megahertz.
(b) Auction.--Not later than 18 months after the date of enactment
of this Act, the Federal Communications Commission shall establish
rules for pairing electromagnetic spectrum bands at 1755-1780 megahertz
and 2155-2180 megahertz, inclusive, frequencies between 1780-1800
megahertz and 2180-2200 megahertz, and the frequencies between 1915-
1920 megahertz and 2020-2025 megahertz, and auction the licenses for
such paired spectrum in accordance with section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)).
SEC. 207. NARROWBANDING ASSISTANCE.
(a) In General.--The Secretary shall establish a Narrowbanding
Compliance Assistance Program to assist eligible recipients in meeting
the January 2, 2013, narrowbanding deadline established by the Federal
Communications Commission.
(b) Eligibility.--Public safety jurisdictions operating land mobile
radio systems in the 150-512 megahertz radio bands are eligible to
apply for funding from the Narrowbanding Compliance Assistance Program.
Such applications must be submitted to the Secretary not later than six
months after the completion of narrowbanding.
(c) Allowable Uses.--Funding under the Narrowbanding Compliance
Assistance Program may be used to reimburse eligible recipients for
costs incurred from the purchase of 12.5 kHz technology.
SEC. 208. EXTENSION OF AUCTION AUTHORITY AND ASSURANCE OF OPEN
AUCTIONS.
(a) 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 ``2012'' and inserting ``2020''.
(b) Eligibility.--The Federal Communications Commission shall
ensure that no bidder is deemed ineligible for or otherwise excluded
from an auction specified in this Act, or any other competitive bidding
process under section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), on account of its size or amount of its other spectrum
holdings.
SEC. 209. REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.
Not later than 3 years after the date of enactment of this Act and
every 3 years thereafter, the Federal Communications Commission shall
conduct a study and submit to the appropriate committees of Congress a
report--
(1) on the spectrum held by the public safety broadband
licensee;
(2) on how efficiently such spectrum is being used; and
(3) that provides a recommendation for whether more
spectrum needs to be made available to meet the needs of public
safety entities.
SEC. 210. REPORT ON LONG-TERM INTEROPERABILITY USING IP-BASED
SOLUTIONS.
Not later than 2 years after the date of enactment of this Act, the
Federal Communications Commission, in consultation with the Secretary
and the Assistant Secretary, shall issue a report and order, after
allowing time for notice and comment, including comment from public
safety users, and shall submit such report to the appropriate
committees of Congress, on whether Internet Protocol-enabled solutions
could aid interoperability.
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