Public Safety Communications: Policy, Proposals, Legislation and Progress

Publication Date: June 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Media, telecommunications, and information

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Abstract:

Since September 11, 2001, the effectiveness of America's communications capabilities in support of the information needs of first responders and other public safety workers has been a matter of concern to Congress. The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) included sections that responded to recommendations made by the 9/ll Commission, in its report of July 2004, and by others in recent years, regarding public safety communications. Nonetheless, there is much still to be done to bring the United States to the threshold of adequate communications capabilities in emergencies. Congress can expect that the many advocates for public safety, in all its forms, will continue to push for improvements in public safety communications and interoperability.

This report provides an analysis of major policy questions regarding public safety communications. The 9/11 Commission recommendations for action to improve communications and the testimony and comments of experts provide a framework to review what has been accomplished since September 11, what legislative initiatives could be considered by the 109th Congress, and longer term goals and concerns. Major issues include (1) unifying spectrum policy and communications policy at every level; (2) using signal corps type skills and technology, as suggested by the 9/11 Commission, to achieve interoperability; and (3) evaluating the pace and effectiveness of federal actions taken to-date.

Congress has responded by requiring a number of studies and pilots, the results of which could shape policy decisions in the future. In particular, both Congress and the Administration have set requirements for the Department of Homeland Security that include developing a strategy for spectrum use and evaluating its role in public safety communications.

A bill (H.R. 1646) to make spectrum available for public safety has been reintroduced by Representative Jane Harman. The bill, the Homeland Emergency Response Operations Act, or HERO Act, previously introduced in the 107th and 108th Congresses, was cited by the 9/11 Commission, which recommended its passage. Many policy discussions regarding federal funding for public safety communications revolve around identifying risk-based formulas to distribute grants among states. Examples of legislation introduced to modify the way funds are distributed are S. 21 (Senator Collins) and H.R. 1544 (Representative Shays). Citing the continued lack of communications capabilities within the New York City Fire Department, H.R. 1795 (Representative Maloney) would fund a new system for the city's firefighters that would provide a network and radios incorporating many leading edge technologies and networking concepts. Taking a different approach, the Public Safety Interoperability Implementation Act (H.R. 1323, Representative Stupak) would place some spectrum auction proceeds in a trust fund to provide grants to improve public safety communications.

This report will be updated.