118 STAT. 3846 PUBLIC LAW 108–458—DEC. 17, 2004 to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropria- tions laws. (F) STATUTORY CONSTRUCTION.—Nothing in this sub- section shall be construed— (i) to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued; or (ii) to apply to, or replace, Federal assistance intended for interoperable communications that is not provided pursuant to a commitment under this sub- section. (f) INTEROPERABLE COMMUNICATIONS PLANS.—Any applicant requesting funding assistance from the Secretary for interoperable communications for emergency response providers shall submit an Interoperable Communications Plan to the Secretary for approval. Such a plan shall— (1) describe the current state of communications interoper- ability in the applicable jurisdictions among Federal, State, and local emergency response providers and other relevant private resources; (2) describe the available and planned use of public safety frequency spectrum and resources for interoperable communica- tions within such jurisdictions; (3) describe how the planned use of spectrum and resources for interoperable communications is compatible with sur- rounding capabilities and interoperable communications plans of Federal, State, and local governmental entities, military installations, foreign governments, critical infrastructure, and other relevant entities; (4) include a 5-year plan for the dedication of Federal, State, and local government and private resources to achieve a consistent, secure, and effective interoperable communications system, including planning, system design and engineering, testing and technology development, procurement and installa- tion, training, and operations and maintenance; and (5) describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the Secretary. (g) DEFINITIONS.—In this section: (1) INTEROPERABLE COMMUNICATIONS.—The term ‘‘inter- operable communications’’ means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as nec- essary, through a dedicated public safety network utilizing information technology systems and radio communications sys- tems, and to exchange voice, data, or video with one another on demand, in real time, as necessary. (2) EMERGENCY RESPONSE PROVIDERS.—The term ‘‘emer- gency response providers’’ has the meaning that term has under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (h) CLARIFICATION OF RESPONSIBILITY FOR INTEROPERABLE COMMUNICATIONS.— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00380 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
�
