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6 U.S.C. § 195f — Enhancement of public safety communications interoperability

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 195f — Enhancement of public safety communications interoperability

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Stable record: federal_law:legal_authorities:record_usc_601950b1028c132bef571f07
Source file: Laws/federal/codes/united-states-code/title-6/section-195f-enhancement-of-public-safety-communications-interoperability--1cc89bb012.md
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Source location: Title 6, Chapter 1, § 195f; chapter-001-homeland-security-organization.md

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**(a) Coordination of public safety interoperable communications programs** (1) **Program** — The Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall— (A) establish a comprehensive national approach to achieving public safety interoperable communications; (B) coordinate with other Federal agencies in carrying out subparagraph (A); (C) develop, in consultation with other appropriate Federal agencies and State and local authorities, appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety agencies; (D) accelerate, in consultation with other Federal agencies, including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications, recognizing— (i) the value, life cycle, and technical capabilities of existing communications infrastructure; (ii) the need for cross-border interoperability between States and nations; (iii) the unique needs of small, rural communities; and (iv) the interoperability needs for daily operations and catastrophic events; (E) encourage the development and implementation of flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability; (F) assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications; (G) identify priorities within the Department of Homeland Security for research, development, and testing and evaluation with regard to public safety interoperable communications; (H) establish coordinated guidance for Federal grant programs for public safety interoperable communications; (I) provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability; (J) develop and disseminate best practices to improve public safety communications interoperability; and (K) develop appropriate performance measures and milestones to systematically measure the Nation’s progress toward achieving public safety communications interoperability, including the development of national voluntary consensus standards. (2) **Office for Interoperability and Compatibility** (A) *Establishment of Office* — The Secretary may establish an Office for Interoperability and Compatibility within the Directorate of Science and Technology to carry out this subsection. (B) *Functions* — If the Secretary establishes such office, the Secretary shall, through such office— (i) carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and (ii) carry out section 510 11 See References in Text note below. of the Homeland Security Act of 2002, as added by subsection (d). (3) **Authorization of appropriations** — There are authorized to be appropriated to the Secretary to carry out this subsection— (A) $22,105,000 for fiscal year 2005; (B) $22,768,000 for fiscal year 2006; (C) $23,451,000 for fiscal year 2007; (D) $24,155,000 for fiscal year 2008; and (E) $24,879,000 for fiscal year 2009. **(b) Report** Not later than 120 days after December 17, 2004, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications, a schedule of milestones for such development, and achievements of such development. **(c) International interoperability** Not later than 18 months after December 17, 2004, the President shall establish a mechanism for coordinating cross-border interoperability issues between— (1) the United States and Canada; and (2) the United States and Mexico. **(d) Omitted** **(e) Multiyear interoperability grants** (1) **Multiyear commitments** — In awarding grants to any State, region, local government, or Indian tribe for the purposes of enhancing interoperable communications capabilities for emergency response providers, the Secretary may commit to obligate Federal assistance beyond the current fiscal year, subject to the limitations and restrictions in this subsection. (2) **Restrictions** (A) *Time limit* — No multiyear interoperability commitment may exceed 3 years in duration. (B) *Amount of committed funds* — The total amount of assistance the Secretary has committed to obligate for any future fiscal year under paragraph (1) may not exceed $150,000,000. (3) **Letters of intent** (A) *Issuance* — Pursuant to paragraph (1), the Secretary may issue a letter of intent to an applicant committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for an interoperability communications project (including interest costs and costs of formulating the project). (B) *Schedule* — A letter of intent under this paragraph shall establish a schedule under which the Secretary will reimburse the applicant for the Federal Government’s share of the project’s costs, as amounts become available, if the applicant, after the Secretary issues the letter, carries out the project before receiving amounts under a grant issued by the Secretary. (C) *Notice to Secretary* — An applicant that is issued a letter of intent under this subsection shall notify the Secretary of the applicant’s intent to carry out a project pursuant to the letter before the project begins. (D) *Notice to Congress* — The Secretary shall transmit a written notification to the Congress no later than 3 days before the issuance of a letter of intent under this section. (E) *Limitations* — A letter of intent issued under this section is not an obligation of the Government under [section 1501 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1501&num=0&edition=prelim) and is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (F) *Statutory construction* — Nothing in this subsection 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 subsection. **(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 interoperability 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 communications within such jurisdictions; (3) describe how the planned use of spectrum and resources for interoperable communications is compatible with surrounding 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 installation, training, and operations and maintenance; (5) describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the Secretary; (6) include information on the governance structure used to develop the plan, including such information about all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; and (7) describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the jurisdiction, and the process for continuing to incorporate such input. **(g) Definitions** In this section: (1) **Interoperable communications** — The term “interoperable communications” means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary, through a dedicated public safety network utilizing information technology systems and radio communications systems, and to exchange voice, data, and video with one another on demand, in real time, as necessary. (2) **Emergency response providers** — The term “emergency response providers” has the meaning that term has under [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim). **(h) Omitted** **(i) Sense of Congress regarding interoperable communications** (1) **Finding** — The Congress finds that— (A) many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and (B) their inability to do so threatens the public’s safety and may result in unnecessary loss of lives and property. (2) **Sense of Congress** — It is the sense of Congress that interoperable emergency communications systems and radios should continue to be deployed as soon as practicable for use by the first responder community, and that upgraded and new digital communications systems and new digital radios must meet prevailing national, voluntary consensus standards for interoperability.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 309 — Application for license

**(a) Considerations in granting application** Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to which [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim) applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Commission, upon examination of such application and upon consideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application. **(b) Time of granting application** Except as provided in subsection (c) of this section, no such application— (1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or (2) for an instrument of authorization in the case of a station in any of the following categories: (A) industrial radio positioning stations for which frequencies are assigned on an exclusive basis, (B) aeronautical en route stations, (C) aeronautical advisory stations, (D) airdrome control stations, (E) aeronautical fixed stations, and (F) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe, shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof. **(c) Applications not affected by subsection (b)** Subsection (b) of this section shall not apply— (1) to any minor amendment of an application to which such

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 321 — FEMA programs

Notwithstanding any other provision of Federal law, as of April 1, 2007, the Director of the Federal Emergency Management Agency shall be responsible for the radiological emergency preparedness program and the chemical stockpile emergency preparedness program.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 701 — Rules of construction

**(a) Administrator** Nothing in this part shall be construed to supersede the civilian emergency management authority of the Administrator under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.) or the Post Katrina Emergency Management Reform Act 11 See References in Text note below. ([6 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section701&num=0&edition=prelim) et seq.). **(b) Secretary** Nothing in this part shall be construed as providing new authority to the Secretary, except to coordinate and facilitate the development of the assessments and reports required pursuant to this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5196 — Declaration of policy

The purpose of this subchapter is to provide a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this subchapter so that a comprehensive emergency preparedness system exists for all hazards.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 341 — Integrated public alert and warning system

**(a) Definitions** In this section— (1) the term “Administrator” means the Administrator of the Agency; (2) the term “Agency” means the Federal Emergency Management Agency; (3) the term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Transportation and Infrastructure of the House of Representatives; and (C) the Committee on Homeland Security of the House of Representatives; (4) the term “public alert and warning system” means the integrated public alert and warning system of the United States described in section 321o of this title; (5) the term “Secretary” means the Secretary of Homeland Security; and (6) the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. **(b) Integrated public alert and warning system** (1) **In general** — Not later than 1 year after December 20, 2019, the Administrator shall develop minimum requirements for State, Tribal, and local governments to participate in the public alert and warning system and that are necessary to maintain the integrity of the public alert and warning system, including— (A) guidance on the categories of public emergencies and appropriate circumstances that warrant an alert and warning from State, Tribal, and local governments using the public alert and warning system; (B) the procedures for State, Tribal, and local government officials to authenticate civil emergencies and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols and technology capabilities

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 341

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1501 — Documentary evidence requirement for Government obligations

**(a)** An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of— (1) a binding agreement between an agency and another person (including an agency) that is— (A) in writing, in a way and form, and for a purpose authorized by law; and (B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided; (2) a loan agreement showing the amount and terms of repayment; (3) an order required by law to be placed with an agency; (4) an order issued under a law authorizing purchases without advertising— (A) when necessary because of a public exigency; (B) for perishable subsistence supplies; or (C) within specific monetary limits; (5) a grant or subsidy payable— (A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas prescribed by law; (B) under an agreement authorized by law; or (C) under plans approved consistent with and authorized by law; (6) a liability that may result from pending litigation; (7) employment or services of persons or expenses of travel under law; (8) services provided by public utilities; or (9) other legal liability of the Government against an available appropriation or fund. **(b)** A statement of obligations provided to Congress or a committee of Congress by an agency shall include only those amounts that are obligations consistent with subsection (a) of this section.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 247d–3a — Improving State and local public health security

**(a) In general** To enhance the security of the United States with respect to public health emergencies, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award cooperative agreements to eligible entities to enable such entities to conduct the activities described in subsection (d). **(b) Eligible entities** To be eligible to receive an award under subsection (a), an entity shall— (1) (A) be a State; (B) be a political subdivision determined by the Secretary to be eligible for an award under this section (based on criteria described in subsection (h)(4)); or (C) be a consortium of States; and (2) prepare and submit to the Secretary an application at such time, and in such manner, and containing such information as the Secretary may require, including— (A) an All-Hazards Public Health Emergency Preparedness and Response Plan which shall include— (i) a description of the activities such entity will carry out under the agreement to meet the goals identified under [section 300hh–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-1&num=0&edition=prelim), including with respect to chemical, biological, radiological, or nuclear threats, whether naturally occurring, unintentional, or deliberate; (ii) a description of the activities such entity will carry out with respect to pandemic influenza, as a component of the activities carried out under clause (i), and consistent with the requirements of paragraphs (2) and (5) of subsection (g); (iii) preparedness and response strategies and capabilities that take into account the medical and public health needs of at-risk individuals in the event of a public health emergency; (iv) a description of the me

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 124c — Information and Analysis

**(a) Intelligence and analysis** There shall be in the Department an Office of Intelligence and Analysis. **(b) Under Secretary for Intelligence and Analysis** (1) **Office of Intelligence and Analysis** — The Office of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) **Chief Intelligence Officer** — The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department. **(c) Discharge of responsibilities** The Secretary shall ensure that the responsibilities of the Department relating to information analysis, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and Analysis. **(d) Responsibilities of Secretary relating to intelligence and analysis** The responsibilities of the Secretary relating to intelligence and analysis shall be as follows: (1) To access, receive, and analyze law enforcement information, intelligence information, and other information from agencies of the Federal Government, State and local government agencies (including law enforcement agencies), and private sector entities, and to integrate such information, in support of the mission responsibilities of the Department and the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 [[50 U.S.C. 3056](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3056&num=0&edition=prelim)], in order to— (A) identify and assess the nature and scope of terrorist threats to the homeland; (B) detect and identify threats of terrorism against the United States; and (C) understand su

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 124c

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 203 — Transparency in research and development

**(a) Requirement to list research and development programs** (1) **In general** — The Secretary shall maintain a detailed list of the following: (A) Each classified and unclassified research and development project, and all appropriate details for each such project, including the component of the Department responsible for each such project. (B) Each task order for a Federally Funded Research and Development Center not associated with a research and development project. (C) Each task order for a University-based center of excellence not associated with a research and development project. (D) The indicators developed and tracked by the Under Secretary for Science and Technology with respect to transitioned projects pursuant to subsection (c). (2) **Exception for certain completed projects** — Paragraph (1) shall not apply to a project completed or otherwise terminated before December 23, 2016. (3) **Updates** — The list required under paragraph (1) shall be updated as frequently as possible, but not less frequently than once per quarter. (4) **Research and development defined** — For purposes of the list required under paragraph (1), the Secretary shall provide a definition for the term “research and development”. **(b) Requirement to report to Congress on all projects** Not later than January 1, 2017, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a classified and unclassified report, as applicable, that lists each ongoing classified and unclassified project at the Department, including all appropriate details of each such project. **(c) Indicators of success of transitioned projects** (1) **In gener

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 203

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