国会记录：2004年7月21日（参议院）第S8550-S8565报表ON提出的法案和联合决议案通过利伯曼先生（为他自己，柯林斯女士，阿卡卡先生和克林顿夫人）：S. 2701法案，以提供的国土安全信息共享的激励机制，促进信息共享网络的发展，提供赠款和其他支持，以实现通信的互操作性，并建立信息共享的办公室，以及用于其他目的;对政府事务委员会。利伯曼先生。主席女士，我今天的上涨与参议员科林斯引进立法，将促进在我们各级政府的国土安全信息的共享，并提供资金和其他比它们能够支持必要的，使我们的第一反应，以更好地沟通与一个恐怖袭击时尽现。我很高兴的是，政府事务委员会主席，参议员科林斯，是我对这个立法铅共同提案国，而且委员会，参议员阿卡卡，另一名成员是共同提案国，因为是希拉里。其中最痛苦的和持久的教训，我们应该从9月11日袭击了解到的是关于恐怖活动的信息必须联邦和其他机构之间共享，以保护美国人民的安全。不幸的是，几乎攻击3年后，我们仍然没有看到的一种改进和信息共享，在我们需要有各个层面。广受推崇的，无党派马克尔基金会与美国布鲁金斯学会和战略和国际问题研究中心的联盟，已经看在长度这个问题，并得出结论认为，一种全新的方法是需要的安全信息共享。 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' [[Page S8553]] 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 [[Page S8554]] 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 [[Page S8555]] 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. ______