Congressional Record: July 21, 2004 (Senate)
Page S8550-S8565
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mrs.
Clinton):
S. 2701. A bill to provide incentives for the sharing of homeland
security information, promote the development of an information sharing
network, provide grants and other support to achieve communications
interoperability, and establish an Office of Information Sharing, and
for other purposes; to the Committee on Governmental Affairs.
Mr. LIEBERMAN. Madam President, I rise today with Senator Collins to
introduce legislation that would promote the sharing of homeland
security information across all levels of our Government, and to
provide funding and support necessary to enable our first responders to
communicate better with one another than they are able to do now during
a terrorist attack.
I am delighted that the chairman of the Governmental Affairs
Committee, Senator Collins, is my lead cosponsor on this legislation,
and that another member of the committee, Senator Akaka, is a
cosponsor, as is Senator Clinton.
One of the most painful and enduring lessons we should have learned
from the September 11 attacks is that information about terrorist
activities must be shared among Federal and other agencies to protect
the American people's security. Unfortunately, almost 3 years after the
attacks we have still not seen the kind of improvement and information
sharing at all levels we need to have.
The widely respected, nonpartisan Markle Foundation, in alliance with
the Brookings Institution and the Center for Strategic and
International Studies, has looked at this problem at length and
concluded that an entirely new approach is needed to the sharing of
security information.
According to the Markle Foundation, the cold war paradigm that
strictly limited access to information is simply ill-suited to the
challenges we face today in an age of terrorism. Sharing information
among relevant law enforcement agencies and other public agencies is
vital to protecting our people's security precisely because we cannot
predict from which direction the first signs of potential attack will
come as we pretty much could during
[[Page S8551]]
the cold war. Yet the Federal Government has still developed neither a
comprehensive strategy nor actual policies to change the 50-year-old
cold war paradigm. We have to catch up quickly to win the war on
terrorism.
Equally troubling is that too many first responders still lack,
believe it or not, the basic ability to talk to one another when
responding to emergencies, including, of course, a terrorist attack,
because their equipment does not communicate directly. We use a
complicated term called ``interoperability'' to describe this
situation.
One of the most painful parts of the September 11 attacks in New York
was the loss of more than 300 New York City firefighters and other law
enforcement personnel who perished inside the collapsing Twin Towers of
the World Trade Center. The look-backs at that day, probably including
the one we will hear tomorrow from the September 11 Commission, lead a
lot of people to conclude that we lost a lot of New York's finest--
firefighters, police officers, other public servants--because they
could not communicate with one another on the equipment they had. That
is no longer acceptable.
The legislation we are introducing today addresses those challenges.
First, we authorize $3.3 billion over 5 years to provide reliable and
consistent funding to help law enforcement agencies around the country
find solutions to this so-called interoperability problem. We create an
Office of Information Sharing within the Department of Homeland
Security to develop and implement a national strategy to achieve that
goal. It simply is outrageous that those who are in uniform every day
to protect our security cannot communicate with one another in a time
of emergency because we have not given them good enough equipment to do
that.
Second, our legislation would require the Secretary of Homeland
Security, in conjunction with the intelligence community and other
Federal agencies, to establish a broad information exchange network
modeled after the Markle Foundation recommendations which would break
out of the cold war paradigm and allow full sharing of security
information.
Third, our legislation requires implementation of performance
measures and genuine incentives to encourage employees to implement the
changes that are necessary.
As part of the continuing fight to keep America safe from terrorism,
the test of our generation, all the cultural, technological, and
administrative barriers that impede the flow of critically important
homeland security information among different levels of Government and
among agencies at the same level simply must be broken down. That
requires an act of will and leadership, and then it requires funding.
It is not going to come cheaply, but security of the American people
never does come cheaply. We have the best military in the history of
the world because we have invested in it. We are only going to have the
best security at home from terrorism if we invest with similar
generosity.
A nonpartisan task force of the Council on Foreign Relations
recommended that the Nation spend double what Senator Collins and I are
proposing in this bill to ensure dependable interoperable
communications. What we are asking seems like a lot of money, but it is
half of what an independent group thinks is necessary to protect our
Nation. This legislation will help us develop a new structure, a new
paradigm of information sharing to guarantee that first responders and
preventers can communicate effectively with one another and with other
governmental agencies when they respond to terrorist attacks or any
other emergencies that threaten the safety or well-being of people
throughout our country.
Madam President, I ask unanimous consent that text of the legislation
Senator Collins and I are introducing today be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2701
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security
Interagency and Interjurisdictional Information Sharing Act
of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The effective use of information is essential to the
Nation's efforts to protect the homeland. Information that
may prove important to those efforts, however, is often
widely dispersed and may be uncovered or held by any of a
number of Federal agencies, by 50 States or by the Nation's
650,000 local law enforcement officers who form the front
lines of the war against terrorism, among others. Finding
ways to share this information in an efficient and timely
manner with those who need it is central to both preventing
and responding to potential terrorist attacks on our Nation.
(2) Current approaches to information sharing are woefully
inadequate and largely ad hoc. State and local officials
frequently report that they do not receive adequate homeland
security information from Federal officials, nor is there a
consistent, easy way for State and local officials to
effectively provide homeland security information in their
possession to Federal officials. Federal agencies have often
not shared information even with other Federal agencies, and
State and local governments have few formalized means to
share information with other States and localities.
(3) There are a number of barriers, both structural and
cultural, to the more effective sharing of homeland security
information including--
(A) a lingering cold war paradigm that emphasizes
information security and maintaining strict limits on access
to information;
(B) mistrust among historically rival agencies and between
Federal and State officials; and
(C) few incentives to reward Government employees who share
information outside their agencies.
(4) A further barrier to information sharing among police,
firefighters and others who may be called on to respond to
terrorist attacks and other large-scale emergencies is the
lack of interoperable communications systems, which can
enable public safety agencies to communicate and share
important, sometimes critical, information in an emergency.
(5) A new approach to the sharing of homeland security
information (a new ``information architecture'') is urgently
needed to overcome these barriers and to meet the homeland
security needs of the Nation. One useful model for such a
network is the Systemwide Homeland Analysis and Resource
Exchange Network (SHARE) proposed by the Markle Foundation in
reports issued in October 2002 and December 2003. Like the
envisioned SHARE Network, a new approach, to be successful,
must be comprehensive, encompassing the many participants, at
many levels of government, who strive to protect the
homeland, and the system should be largely decentralized,
permitting participants throughout the system to exchange
information directly in a timely and effective matter without
having to go through a central hub.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Homeland security information.--The term ``homeland
security information'' means information relevant to, or of
potential use in, the prevention of, preparation for, or
response to, terrorist attacks upon the United States.
(4) Network.--The term ``Network'' means the Homeland
Security Information Sharing Network established under
section 4.
SEC. 4. HOMELAND SECURITY INFORMATION SHARING NETWORK.
(a) In General.--
(1) Establishment.--The Secretary shall establish a
Homeland Security Information Sharing Network.
(2) Functions.--The Network shall--
(A) to the maximum extent possible, consistent with
national security requirements and the protection of civil
liberties, foster the sharing of homeland security
information--
(i) among offices and divisions within the Department;
(ii) between the Department and other Federal agencies;
(iii) between the Department and State, local, and tribal
governments;
(iv) among State, local, and tribal governments; and
(B) provide for the analysis of homeland security
information obtained or made available through the Network.
(b) Cooperative Developments.--In developing the Network,
the Secretary shall work with representatives of other
governmental entities that possess homeland security
information or will otherwise participate in the network,
including the Intelligence Community, the Department of
Justice and Federal Bureau of Investigation, and the
Department of Health and Human Services, and State, local
government and tribal officials.
(c) Reports.--
(1) In general.--The Secretary shall submit status reports
on the development and implementation of the Network to--
(A) the Committee on Governmental Affairs of the Senate;
(B) the Select Committee on Homeland Security of the House
of Representatives; and
(C) the Committee on Government Reform of the House of
Representatives.
[[Page S8552]]
(2) Contents.--The status reports shall include--
(A) a detailed description of the work completed to date
with attached relevant documents produced in the development
of the Network, including documents describing the strategy
for the Network and the Network's design or architecture; and
(B) a detailed timetable and implementation plan for
remaining work.
(3) Submission.--Status reports under this subsection shall
be submitted--
(A) not later than 6 months after the date of enactment of
this Act;
(B) not later than 12 months after the date of enactment of
this Act; and
(C) at 1-year intervals thereafter.
SEC. 5. HOMELAND SECURITY INFORMATION COORDINATING COUNCIL.
(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the
following:
``TITLE XVIII--HOMELAND SECURITY INFORMATION COORDINATING COUNCIL
``SEC. 1801. HOMELAND SECURITY INFORMATION COORDINATING
COUNCIL.
``(a) Definition.--In this section, the term `homeland
security information' means information relevant to, or of
potential use in, the prevention of, preparation for, or
response to, terrorist attacks upon the United States.
``(b) Establishment.--
``(1) In general.--The Secretary, in coordination with the
Attorney General, the Director of Central Intelligence, the
Secretary of Health and Human Services, and other Federal
departments and agencies in possession of homeland security
information, as identified by the President, shall establish
the Homeland Security Information Coordinating Council (in
this section referred to as the `Coordinating Council').
``(2) Composition.--The Coordinating Council shall be
composed of--
``(A) a representative of the Department;
``(B) a representative of the Department of Justice;
``(C) a representative of the Central Intelligence Agency;
``(D) a representative of the Department of Health and
Human Services;
``(E) a representative of any other Federal department or
agency in possession of homeland security information, as
identified by the President; and
``(F) not fewer than 2 representatives of State and local
governments, to be selected by the Secretary.
``(3) Responsibilities.--The Coordinating Council shall--
``(A) develop, monitor, and update procedures and protocols
for sharing homeland security information among Federal
departments and agencies;
``(B) develop, monitor, and update procedures and protocols
for sharing homeland security information with State and
local governments so as to minimize the difficulties of State
and local governments in receiving information that may
reside in multiple departments or agencies;
``(C) establish a dispute resolution process to resolve
disagreements among departments and agencies about whether
particular homeland security information should be shared and
in what manner;
``(D) review, on an ongoing basis, current issues related
to homeland security information sharing among Federal
departments and agencies and between those departments and
agencies and State and local governments;
``(E) where appropriate, promote the compatibility and
accessibility of technology, including computer hardware and
software, used by Federal departments and agencies to
facilitate the sharing of homeland security information; and
``(F) ensure that there is coordination--
``(i) among Federal departments and agencies that maintain
homeland security information;
``(ii) multi-organization entities that maintain homeland
security information, including the Terrorist Threat
Integration Center and Joint Terrorism Task Forces; and
``(iii) the Homeland Security Information Network, in
actions and policies relating to the sharing of homeland
security information.
``(c) Administration.--The Department shall provide
administrative support to the Coordinating Council, which
shall include--
``(1) scheduling meetings;
``(2) preparing agenda;
``(3) maintaining minutes and records; and
``(4) producing reports.
``(d) Chairperson.--The Secretary shall designate a
chairperson of the Coordinating Council.
``(e) Meetings.--The Coordinating Council shall meet--
``(1) at the call of the Secretary; or
``(2) not less frequently than once a month.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 note) is amended by adding at the end the
following:
TITLE XVIII--HOMELAND SECURITY INFORMATION COORDINATING COUNCIL
``Sec. 1801. Homeland Security Information Coordinating Council.''.
SEC. 6. INCENTIVES TO PROMOTE SHARING OF HOMELAND SECURITY
INFORMATION.
(a) Agency Performance Measures.--
(1) Performance plan.--Consistent with the requirements of
section 1115 of title 5, United States Code, the Secretary
shall prepare an annual performance plan that establishes
measurable goals and objectives for information sharing
between the Department and other appropriate entities in
Federal, State, local, and tribal governments. The plans
shall identify action steps necessary to achieve such goals.
(2) Performance report.--Consistent with the requirements
of section 1116 of title 5, United States Code, the Secretary
shall prepare and submit to Congress an annual report
including an evaluation of the extent the Department's
information sharing goals and objectives were met. The report
shall include the results achieved during the year relative
to the goals established in the previous year's performance
plan.
(3) Performance management.--The Secretary shall
incorporate the performance measures in the performance plan
required under paragraph (1) into the Department's
performance appraisal system. These performance measures
shall be used in evaluating the performance of appropriate
managers and employees. If appropriate, determinations for
performance awards, bonuses, achievement awards, and other
incentives for Departmental managers and employees shall
include consideration of these performance measures.
(b) Incentives Programs.--
(1) In general.--Chapter 45 of title 5, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER IV--AWARDS TO PROMOTE HOMELAND SECURITY INFORMATION
SHARING
``Sec. 4521. Awards to promote homeland security information
sharing
``(a) In this section--
``(1) the terms `agency' and `employee' have the meanings
given under paragraphs (1) and (2) of section 4501,
respectively; and
``(2) the term `homeland security information' means
information relevant to, or of potential use in, the
prevention of, preparation for, or response to, terrorist
attacks upon the United States.
``(b)(1) The head of an agency may pay a cash award to,
grant time-off without charge to leave or loss of pay, or
incur necessary expense for the honorary recognition of, an
employee who--
``(A) develops and implements innovative policies,
practices, procedures, or technologies to foster appropriate
sharing of homeland security information with other agencies
and with State, local, and tribal governments; and
``(B) through such innovations, achieves measurable
results.
``(2) A cash award under this section may not exceed the
greater of--
``(A) $10,000; or
``(B) 20 percent of the basic pay of the employee.
``(3) A cash award may not be paid under this section to an
individual who is appointed to, or who holds--
``(A) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
``(B) a position in the Senior Executive Service as a
noncareer appointee (as such term is defined under section
3132(a); or
``(C) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
``(4) Consistent with paragraphs (1), (2), and (3), the
Secretary of Homeland Security shall establish an awards
program specifically designed to recognize and reward
employees (including managers) of the Department of Homeland
Security. An employee of the Department of Homeland Security
may not receive an award under paragraph (1).
``(5) Not later than 1 year after the date of enactment of
this section, and annually for 5 years thereafter, the
Secretary of Homeland Security shall submit to the Committee
on Governmental Affairs of the Senate, the Select Committee
on Homeland Security of the House of Representatives, and the
Committee on Government Reform of the House of
Representatives a report detailing the implementation of
programs under this section, including--
``(A) the number of managers and employees recognized;
``(B) the type of recognition given;
``(C) the number and dollar amount of awards paid to
individuals holding positions within each pay grade, pay
level or other pay classification;
``(D) the relationship between awards under this program
and other incentive or awards programs; and
``(E) the extent to which the program is assisting in
overcoming cultural and other barriers to sharing homeland
security information.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 45 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--AWARDS TO PROMOTE HOMELAND SECURITY INFORMATION
SHARING
``4521. Awards to promote homeland security information sharing.''.
SEC. 7. OFFICE OF INFORMATION SHARING.
(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding after section 801
the following:
``SEC. 802. OFFICE OF INFORMATION SHARING.
``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Communications interoperability.--The term
`communications interoperability'
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means the ability of public safety service and support
providers, including law enforcement, firefighters, and
emergency management, 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
the Office of Information Sharing.
``(3) Eligible state.--The term `eligible State' means a
State that--
``(A) has submitted a plan under subsection (d)(3); and
``(B) the Secretary determines has not achieved adequate
statewide communications interoperability.
``(4) Office.--The term `Office' means the Office of
Information Sharing established under subsection (b).
``(5) Public safety agencies.--The term `public safety
agencies' means law enforcement, firefighters, emergency
technicians, public health officials, and such other persons
that the Secretary determines must communicate effectively
with one another to respond to emergencies.
``(b) Establishment.--
``(1) In general.--There is established the Office of
Information Sharing within the Office for State and Local
Government Coordination and Preparedness, which shall be
headed by a Director of Information Sharing appointed by the
Secretary.
``(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, consistent with the
responsibilities set forth in paragraph (3).
``(3) Responsibilities.--The Office established under
paragraph (1) shall--
``(A) foster the sharing of homeland security information
among State and local governments and public safety agencies,
and regional consortia thereof, and between these entities
and the Federal Government by--
``(i) facilitating the creation of regional task forces
with representation from State and local governments and
public safety agencies and from the Federal Government to
address information sharing needs; and
``(ii) facilitating the establishment of 24-hour operations
centers in each State to provide a hub for Federal and State
and local government intelligence and public safety agencies
to share information;
``(B) foster the development of interoperable
communications systems by State and local governments and
public safety agencies, and by regional consortia thereof,
by--
``(i) developing and implementing a national strategy to
achieve communications interoperability;
``(ii) developing and maintaining a task force that
represents the broad customer base of State and local
governments, public safety agencies, as well as Federal
agencies, involved in public safety disciplines such as law
enforcement, firefighting, public health, and disaster
recovery, in order to receive input and coordinate efforts to
achieve communications interoperability;
``(iii) promoting a greater understanding of the importance
of interoperability among all levels of Federal, State and
local government;
``(iv) facilitating collaborative planning and partnerships
among Federal, State, and local government agencies in all
States where necessary;
``(v) facilitating the sharing of information on best
practices for achieving interoperability;
``(vi) identifying and working to overcome the cultural,
political, institutional, and geographic barriers within the
public safety community that can impede interoperability
among public safety agencies, including among Federal
agencies;
``(vii) developing appropriate performance measures and
systematically measuring the Nation's progress toward
interoperability;
``(viii) coordinating with other offices in the Department
and other Federal agencies providing grants for
communications interoperability or for other equipment and
training necessary to prevent, respond to, or recover from
terrorist attacks, including the development of common
guidance for such grants and consistent technical advice; and
``(ix) making recommendations to Congress about any changes
in Federal law necessary to remove barriers to achieving
communications interoperability;
``(C) provide technical assistance to State and local
governments and public safety agencies, and regional
consortia thereof, on the design of regional information
sharing networks and technology needed to support such
governments, agencies, and consortia;
``(D) provide technical assistance to State and local
governments and public safety agencies, and regional
consortia thereof, on planning, interoperability
architectures, acquisition strategies, and other functions
necessary to achieve communications interoperability;
``(E) in conjunction with the Directorate for Science and
Technology--
``(i) provide research, development, testing, and
evaluation for public safety communications technologies and
equipment;
``(ii) evaluate and validate new technology concepts, 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- and long-term solutions to
interoperability; and
``(F) in coordination with State and local governments,
develop a system for collecting and distributing best
practices in homeland security.
``(c) Baseline Assessment.--
``(1) In general.--The Secretary, acting through the
Director, shall conduct a nationwide assessment to determine
the degree to which communications interoperability has been
achieved to date and to ascertain the needs that remain for
interoperability to be achieved.
``(2) Reports.--The Secretary, acting through the Director,
shall submit to the Committee on Governmental Affairs of the
Senate, the Select Committee on Homeland Security of the
House of Representatives, and the Committee on Government
Reform of the House of Representatives--
``(A) not later than 1 year after the date of enactment of
this section, a report of the findings of the assessment
required by subsection (c); and
``(B) not later than 18 months after the date of enactment
of this section, a plan for achieving all necessary
communications interoperability throughout the Nation.
``(d) Preparedness Grant Program.--
``(1) In general.--The Secretary, through the Office, shall
make grants to--
``(A) eligible States for initiatives necessary to achieve
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; and
``(v) testing and technology development initiatives; and
``(B) local governments (including a consortium of local
governments), and public safety agencies within eligible
States, to assist with any aspect of the communications life-
cycle, 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.
``(2) Coordination.--The Secretary shall ensure that the
Office coordinates its activities with other entities of the
Department and other Federal entities so that grants awarded
under this subsection, and other grant programs related to
homeland security, fulfill the purposes of this Act and
facilitate the achievement of communications interoperability
nationally.
``(3) 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, shall submit a communications interoperability plan to
the Secretary that--
``(i) addresses any aspect of the communications life
cycle, 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.
``(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.
``(4) 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;
``(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 extent to which the communications
interoperability plan submitted under paragraph (3)
adequately addresses steps necessary to implement short-term
or long-term solutions to communications interoperability;
``(vi) the extent to which eligible States and local
governments, in light of their financial capability,
demonstrate their commitment to expeditiously achieving
communications interoperability by supplementing Federal
funds with non-Federal funds;
``(vii) the extent to which grants will expedite the
achievement of interoperability in the relevant jurisdiction
with Federal, State, and local agencies; and
``(viii) the extent to which grants will be utilized to
implement advanced communications technologies to promote
interoperability.
``(B) Coordination.--To the maximum extent practicable, the
Secretary shall ensure that any grant made under this
subsection is
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coordinated with neighboring jurisdictions, contiguous local
governments, and within State and regional entities.
``(C) Local funding.--If the Secretary makes grants awards
to States, the Secretary shall--
``(i) make it a priority to ensure that funding or
resources reach local governments; and
``(ii) require applicants to demonstrate how such funding
will reach local governments.
``(D) Allocation.--In awarding grants under this
subsection, the Secretary shall ensure that--
``(i) not less than .75 percent of the total amount
appropriated for grants in any fiscal year shall be awarded,
subject to clause (ii), to each eligible State, including the
District of Columbia and the Commonwealth of Puerto Rico; and
``(ii) not less than .25 percent of the total amount
appropriated for grants in any fiscal year shall be awarded
to the territories of the United States, including American
Samoa, the Commonwealth of Northern Mariana Islands, Guam,
and the United States Virgin Islands.
``(E) Process.--In awarding grants under this subsection,
the Secretary shall, to the maximum extent practical, employ
a peer review process such as that used to review
applications awarded under the Assistance to Firefighters
Grant Program.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$75,000,000 for each of fiscal years 2005 through 2008, 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
this section and the Homeland Security Interoperability Act
of 2004.
``(2) Preparedness grant program.--There are authorized to
be appropriated to carry out the grant program under
subsection (d)--
``(A) $400,000,000 for fiscal year 2005;
``(B) $500,000,000 for fiscal year 2006;
``(C) $600,000,000 for fiscal year 2007;
``(D) $800,000,000 for fiscal year 2008;
``(E) $1,000,000,000 for fiscal year 2009; and
``(F) such sums as are necessary each fiscal year
thereafter.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101) is amended by striking the item relating to
section 801 and inserting the following:
``801. Office for State and Local Government Coordination and
Preparedness.
``802. Office of Information Sharing.''.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Madam President, I am very pleased to join my good
friend, the Senator from Connecticut, Mr. Lieberman, in introducing
legislation that will strengthen our capabilities to prevent and
respond to acts of terrorism. The bill we are introducing will improve
communications among the various levels of Government and will assist
our State and local first responders in upgrading their communications
equipment. I thank Senator Lieberman and his staff for their efforts in
putting together this very important legislation and for working with
me to make this bill a bipartisan effort.
In the immediate aftermath of September 11, the phrase ``connect the
dots'' gained a prominent place in our national lexicon. The agencies
charged with intelligence gathering, analysis, and enforcement did not
have structures in place that would have enabled them to effectively
share information and coordinate responses. The dots were there, but
our intelligence and law enforcement personnel were, in far too many
cases, unable to connect them.
The heroism of our first responders on September 11 will never be
forgotten. Their devotion to duty, their courage, and their training
saved a great many lives that terrible day. Yet we now know that the
lack of a unified command structure, the uneven and in some cases
outright absence of interdepartmental coordination and incompatible
communications equipment may have prevented them from saving even more
lives, and it cost many first responders their own lives.
Throughout the Nation on that day, there was another problem. False
reports of car bombings and other terrorist acts spread quickly,
overwhelming the immediate efforts and response, preventing a full
comprehension of what had actually occurred, and causing needless fear.
Our frontline civilian and military agencies struggled to improvise a
defense against an attack of unknown nature and scope. As the Chairman
of the Joint Chiefs of Staff told the 9/11 Commission:
We fought many phantoms that day.
The enemy we are fighting is no phantom. It is real, and it is
deadly. From the agencies of the Federal Government down to the State
and local levels, we have dedicated personnel who can defeat that
enemy. We must enable them to work together more effectively in this
great cause. We cannot expect them to connect the dots if so many dots
are hidden from view.
Although the Department of Homeland Security has made remarkable
progress in forging cohesive strategies, State and local officials
still tell Senator Lieberman and they still tell me that they have
difficulty in obtaining needed information from Federal agencies and
that they lack a reliable way to convey their own information to
Federal officials.
Turf battles, unfortunately, are still being fought among some
agencies. There still is no effective system in place for State and
local governments to share information with one another.
From computer systems to emergency radios, the technology that should
allow these different levels of government to communicate with each
other too often is silenced by incompatibility. Clearly, the barrier to
a truly unified effort against terrorism is a matter of both culture
and equipment. This legislation will help break down that barrier.
A General Accounting Office report on interoperable communications
released last week notes that the lives of first responders and those
they are trying to assist can be lost when first responders cannot
communicate effectively. That is the crux of the matter that the
Lieberman-Collins bill seeks to address. A substantial barrier to
effective communications, according to the GAO, is the use of
incompatible wireless equipment by many agencies and levels of
government when they are responding to a major emergency.
Among the GAO recommendations are that Federal grants be used to
encourage States to develop and implement plans to improve
interoperable communications and that the Department of Homeland
Security needs to establish a long-term program to coordinate these
same communications upgrades throughout the Federal Government. Our
legislation would do much to implement these sensible recommendations.
It is vitally important that we assist the States in getting the
right communications technology into the hands of their first
responders. That would be accomplished by the interoperability grant
program in this legislation. I believe that grant program is the most
important feature of our legislation.
At a homeland security conference held in my home State of Maine in
May, one of the most persistent messages that I heard from Maine's
first responders concerned the lack of compatibility in communications
equipment. It remains a substantial impediment to their ability to
respond effectively in the event of a terrorist attack. For a State
like mine that has three deepwater cargo ports, two international
airports, key defense installations, hundreds of miles of coastline,
and a long international border, compatible communications equipment is
essential. Yet it remains an illusive goal.
Maine's firefighters, police officers, and emergency medical
personnel do an amazing job in providing aid when a neighboring town is
in need. Fires, floods, and accidents are local matters in which they
have great expertise and experience. Their defense of the front lines
in the war against terrorism, however, is a national matter. Maine's
first responders, along with first responders across the country, are
doing their part, but they need and deserve Federal help.
The grant program established by our bill would guarantee every State
a share of interoperability funding and makes additional funding
available for States with special needs and vulnerabilities. It is
designed to get this vital funding to first responders quickly, in
coordination with a statewide plan.
At that Maine conference, I was joined by Under Secretary Asa
Hutchinson. He, perhaps, best described the mutual responsibilities of
this Federal-State partnership when he said:
We cannot secure the homeland of America from Washington,
D.C.
In other words, we have to rely on State and local officials and on
our first responders.
There is no question, however, that the security of the homeland
requires
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the involvement, leadership, and expertise of Washington, DC, and, yes,
it also requires our financial commitment.
As Senator Lieberman mentioned, a recent study by the Council on
Foreign Relations estimates the total cost of nationwide communications
compatibility at $6.8 billion. Our legislation authorizes $3.3 billion
over 5 years. That is a reasonable and necessary contribution by the
Federal Government to this important partnership.
The legislation will also help to foster a culture of information
sharing through all levels of government and across all boundaries.
It directs the Secretary of Homeland Security to establish a homeland
security information-sharing network that will expedite the gathering,
analysis, and distribution of information that is relevant to
preventing or responding to terrorism anywhere in the Nation. The
council established by this legislation will bring together
representatives from all the relevant Federal agencies, and from State
and local governments as well, to develop, monitor, and update
procedures to enhance information sharing.
This bill would make an important contribution to the security of our
Nation and the safety of our people. It would help us clear the
barriers that now prevent agencies at all levels of government from
cooperating and communicating to the fullest extent, whether those
barriers are due to a lack of coordination or whether they are due to
technology and incompatible equipment.
At the risk of piling one cliche on top of another, it is apparent to
me that in order to connect the dots, we must think outside the box.
Our enemy is cunning and remorseless. We must be clever and
resourceful. This legislation is designed to foster innovative thinking
by rewarding it, through a program that provides cash awards or other
forms of recognition to agency employees who solve a homeland security
problem. We already use pay-for-performance awards to recognize Federal
employees who devise ways to deliver Government services more
effectively and efficiently. We certainly can do the same for employees
who think up ways to make our country safer.
The new Office of Information Sharing this legislation would
establish in the Department of Homeland Security will continue the
substantial progress being made by addressing specific issues related
to improving cooperation among the various levels of government. A key
element of improved cooperation will be getting technology, computer
systems and communications equipment in particular, to work across the
frontiers of government agencies.
The security of our Nation and the safety of our people require that
we clear the barriers that prevent agencies at all levels of government
from cooperating and communicating to the fullest extent. There is an
additional reason why this is important.
Effective information-sharing is the best way in which we can protect
ourselves from harm as we protect the civil liberties we cherish. We
need borders that are closed to our enemies, but that remain open to
our friends. We need to be able to travel safely, but also freely. We
need to be able to protect ourselves against threats from abroad, but
we also need to engage in open and vigorous trade. The greatest threats
to these freedoms are the fear, suspicion and doubt that come from not
knowing as much as we can about the enemy and from having the best,
most coordinated defense possible.
I urge my colleagues to join me in supporting this legislation to
build a better and stronger homeland security partnership.
I hope the legislation that Senator Lieberman and I have introduced
will enjoy widespread support.
Mr. AKAKA. Mr. President, I rise today to join my colleagues Senators
Lieberman and Collins in introducing the Homeland Security Interagency
and Interjurisdictional Information Sharing Act of 2004, a piece of
legislation critical to improving the communication capabilities of
first responders and among all levels of government.
One of the most important lessons our Nation learned on September 11
is that information sharing, both between agencies and levels of
government and between emergency first responders, is critical to the
prevention of and response to a terrorist attack on our homeland. There
has been much talk about breaking down stove pipes and fully equipping
our heroic first responders in the past 3 years, but this bill points
out those goals have not yet been met.
The world watched as firefighters perished in the World Trade Center
because their radios could not function inside the buildings and they
did not have updated information about the imminent collapse of the
towers. Ten months later it was reported that officers responding to a
shooting at Los Angeles International Airport missed crucial
information because they were not using the same radio frequency.
Yet almost all cities and counties in the United States still lack an
interoperable communications system today and many still lack the
infrastructure to provide 100 percent coverage for the radio systems
they do have. In my home State of Hawaii, first responders are unable
to communicate through radios in 25 percent of the island of Hawaii
because of a combination of lack of infrastructure and diverse
geography.
This problem can be solved, but it will require a commitment of not
only funding but planning, communication and cooperation. The current
SAFECOM initiative, which is supposed to address the interoperability
problem, has failed in most, if not all, of these areas. While this
issue clearly cannot be solved by one agency alone, the cross-
government nature of SAFECOM crippled the program from the start.
SAFECOM is supposed to be funded by multiple agencies meaning that if
one agency is not in agreement with the others it can withhold funding
and slow or stop activities. This formula has proven ineffective.
The Homeland Security Interagency and Interjurisdictional Information
Sharing Act will address these issues. The bill creates an Office of
Information Sharing within the Department of Homeland Security to
develop and implement a national strategy and provide the leadership,
outreach, and technical assistance necessary to achieve
interoperability. The new office would receive a direct line of funding
for its operations as well as to provide grants to States and
localities to develop interoperable networks.
The bill would also require the Secretary of Homeland Security to
develop a Homeland Security Information Sharing Network. The problem of
informational stove piping will not be eradicated with ad hoc measures
as is the practice today. The administration must institutionalize a
system of sharing critical homeland security information among all
levels of government. We are no longer in a ``need to know'' world. We
must switch to a ``need to share'' mentality.
Three years is too long for the lessons of September 11 to not be
implemented. I urge my colleagues to support this important piece of
legislation and I thank Senators Lieberman and Collins for their work
on this issue.
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