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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) impl...
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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...
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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 oper...
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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, develo...
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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 ...
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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 t...
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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 criter...
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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 unde...
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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 classific...
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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 reg...
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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...
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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 requ...
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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, harass...
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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...
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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 r...
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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...
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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 tit...
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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, ...
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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 sub...
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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 ...
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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...
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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 ...
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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 provid...
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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 Se...
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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 pe...
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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 othe...
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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) ...
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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) Natio...
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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 shal...
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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 th...
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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 Infra...
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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) ...
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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 coordinat...
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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 ...
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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...
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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 pr...
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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 a...
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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 ...
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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 ...
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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 ...
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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 d...
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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 th...
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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 20...
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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 Feder...
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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 ...
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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 Res...
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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 j...
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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 interoper...
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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 Little...
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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 budg...
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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...
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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 interopera...
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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...
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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...
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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 manu...
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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...
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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 g...
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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, pri...
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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...
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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, ...
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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 on...
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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 f...
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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...
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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 ...
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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) e...
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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 l...
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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 develo...
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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 a...
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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 develo...
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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 Federa...
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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...
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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 Conne...
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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, ...
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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 on...
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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 f...
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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...
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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 ...
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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) e...
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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 l...
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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 develo...
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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 a...
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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 develo...
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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 Federa...
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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...
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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 Conne...
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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, includ...
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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 o...
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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; ...
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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 g...
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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 Departm...
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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 ...
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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 Secret...
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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 jurisd...
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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 ...
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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 ...