6 U.S.C. § 195 — Office for Interoperability and Compat-

Page 81 TITLE 6—DOMESTIC SECURITY § 195 1 See Change of Name note below. et, and the Department of State shall report to the Senate Committee on Commerce, Science, and Trans- portation and the House of Representatives Committee on Energy and Commerce on— ‘‘(1) the status of the mechanism established by the President under section 7303(c) of the Intelligence Re- form and Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating cross border interoperability issues between— ‘‘(A) the United States and Canada; and ‘‘(B) the United States and Mexico; ‘‘(2) the status of treaty negotiations with Canada and Mexico regarding the coordination of the re- banding of 800 megahertz radios, as required under the final rule of the Federal Communication Commis- sion in the ‘Private Land Mobile Services; 800 MHz Public Safety Interface Proceeding’ (WT Docket No. 02–55; ET Docket No. 00–258; ET Docket No. 95–18, RM–9498; RM–10024; FCC 04–168) including the status of any outstanding issues in the negotiations be- tween— ‘‘(A) the United States and Canada; and ‘‘(B) the United States and Mexico; ‘‘(3) communications between the Commission and the Department of State over possible amendments to the bilateral legal agreements and protocols that govern the coordination process for license applica- tions seeking to use channels and frequencies above Line A; ‘‘(4) the annual rejection rate for the last 5 years by the United States of applications for new channels and frequencies by Canadian private and public enti- ties; and ‘‘(5) any additional procedures and mechanisms that can be taken by the Commission to decrease the rejection rate for applications by United States pri- vate and public entities seeking licenses to use chan- nels and frequencies above Line A. ‘‘(b) UPDATED REPORTS TO BE FILED ON THE STATUS OF TREATY OF [SIC] NEGOTIATIONS.—The Federal Commu- nications Commission, in conjunction with the Depart- ment of Homeland Security, the Office of Management of Budget, and the Department of State shall contin- ually provide updated reports to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of treaty nego- tiations under subsection (a)(2) until the appropriate United States treaty has been revised with each of— ‘‘(1) Canada; and ‘‘(2) Mexico. ‘‘(c) INTERNATIONAL NEGOTIATIONS TO REMEDY SITUA- TION.—Not later than 90 days after the date of enact- ment of this Act [Aug. 3, 2007], the Secretary of the De- partment of State shall report to Congress on— ‘‘(1) the current process for considering applications by Canada for frequencies and channels by United States communities above Line A; ‘‘(2) the status of current negotiations to reform and revise such process; ‘‘(3) the estimated date of conclusion for such nego- tiations; ‘‘(4) whether the current process allows for auto- matic denials or dismissals of initial applications by the Government of Canada, and whether such denials or dismissals are currently occurring; and ‘‘(5) communications between the Department of State and the Federal Communications Commission pursuant to subsection (a)(3).’’ SUBMISSION OF REPORTS TO APPROPRIATE CONGRESSIONAL COMMITTEES Pub. L. 110–53, title XXII, § 2205, Aug. 3, 2007, 121 Stat. 543, provided that: ‘‘In addition to the committees spe- cifically enumerated to receive reports under this title [enacting provisions set out as note under this section, section 701 of this title, and section 247d–3a of Title 42, The Public Health and Welfare, and amending provi- sions set out as a note under section 309 of Title 47, Telecommunications], any report transmitted under the provisions of this title shall also be transmitted to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))).’’ REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS Pub. L. 108–458, title VII, § 7304, Dec. 17, 2004, 118 Stat. 3847, directed the Secretary of Homeland Security, not later than 90 days after Dec. 17, 2004, to establish not fewer than 2 pilot projects in high threat urban areas or regions likely to implement a national model stra- tegic plan in order to develop a regional strategic plan to foster interagency communication and coordinate the gathering of all Federal, State, and local first re- sponders in that area, consistent with the national strategic plan developed by the Department of Home- land Security, and to submit to Congress an interim re- port regarding the progress of the interagency commu- nications pilot projects 6 months after Dec. 17, 2004, and a final report 18 months after Dec. 17, 2004. § 195. Office for Interoperability and Compat- ibility (a) Clarification of responsibilities The Director of the Office for Interoperability and Compatibility shall— (1) assist the Secretary in developing and implementing the science and technology as- pects of the program described in subpara- graphs (D), (E), (F), and (G) of section 194(a)(1) of this title; (2) in coordination with the Federal Commu- nications Commission, the National Institute of Standards and Technology, and other Fed- eral departments and agencies with responsi- bility for standards, support the creation of national voluntary consensus standards for interoperable emergency communications; (3) establish a comprehensive research, de- velopment, testing, and evaluation program for improving interoperable emergency com- munications; (4) establish, in coordination with the Direc- tor for Emergency Communications,1 require- ments for interoperable emergency commu- nications capabilities, which shall be non- proprietary where standards for such capabili- ties exist, for all public safety radio and data communications systems and equipment pur- chased using homeland security assistance ad- ministered by the Department, excluding any alert and warning device, technology, or sys- tem; (5) carry out the Department’s responsibil- ities and authorities relating to research, de- velopment, testing, evaluation, or standards- related elements of the SAFECOM Program; (6) evaluate and assess new technology in real-world environments to achieve interoper- able emergency communications capabilities; (7) encourage more efficient use of existing resources, including equipment, to achieve interoperable emergency communications ca- pabilities; (8) test public safety communications sys- tems that are less prone to failure, support new nonvoice services, use spectrum more effi- ciently, and cost less than existing systems; (9) coordinate with the private sector to de- velop solutions to improve emergency commu- Page 82 TITLE 6—DOMESTIC SECURITY § 195a nications capabilities and achieve interoper- able emergency communications capabilities; and (10) conduct pilot projects, in coordination with the Director for Emergency Communica- tions,1 to test and demonstrate technologies, including data and video, that enhance— (A) the ability of emergency response pro- viders and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and (B) interoperable emergency communica- tions capabilities. (b) Coordination The Director of the Office for Interoperability and Compatibility shall coordinate with the Di- rector for Emergency Communications 1 with re- spect to the SAFECOM program. (c) Sufficiency of resources The Secretary shall provide the Office for Interoperability and Compatibility the re- sources and staff necessary to carry out the re- sponsibilities under this section. (Pub. L. 107–296, title III, § 314, as added Pub. L. 109–295, title VI, § 672(a), Oct. 4, 2006, 120 Stat. 1441.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Director for Emergency Communica- tions deemed to be a reference to Assistant Director for Emergency Communications, see section 2(c)(2) of Pub. L. 115–278, set out as a note under section 571 of this title. § 195a. Emergency communications interoper- ability research and development (a) In general The Under Secretary for Science and Tech- nology, acting through the Director of the Office for Interoperability and Compatibility, shall es- tablish a comprehensive research and develop- ment program to support and promote— (1) the ability of emergency response pro- viders and relevant government officials to continue to communicate in the event of nat- ural disasters, acts of terrorism, and other man-made disasters; and (2) interoperable emergency communica- tions capabilities among emergency response providers and relevant government officials, including by— (A) supporting research on a competitive basis, including through the Directorate of Science and Technology and Homeland Secu- rity Advanced Research Projects Agency; and (B) considering the establishment of a Cen- ter of Excellence under the Department of Homeland Security Centers of Excellence Program focused on improving emergency response providers’ communication capabili- ties. (b) Purposes The purposes of the program established under subsection (a) include— (1) supporting research, development, test- ing, and evaluation on emergency communica- tion capabilities; (2) understanding the strengths and weak- nesses of the public safety communications systems in use; (3) examining how current and emerging technology can make emergency response pro- viders more effective, and how Federal, State, local, and tribal government agencies can use this technology in a coherent and cost-effec- tive manner; (4) investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and poten- tial systemic changes to dramatically improve emergency communications; and (5) evaluating and validating advanced tech- nology concepts, and facilitating the develop- ment and deployment of interoperable emer- gency communication capabilities. (c) Definitions For purposes of this section, the term ‘‘inter- operable’’, with respect to emergency commu- nications, has the meaning given the term in section 578 of this title. (Pub. L. 107–296, title III, § 315, as added Pub. L. 109–295, title VI, § 673(a), Oct. 4, 2006, 120 Stat. 1443.) § 195b. National Biosurveillance Integration Cen- ter (a) Establishment The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall establish, operate, and maintain a National Biosurveillance Integration Center (referred to in this section as the ‘‘NBIC’’), which shall be headed by a Directing Officer, under an office or directorate of the De- partment that is in existence as of August 3, 2007. (b) Primary mission The primary mission of the NBIC is to— (1) enhance the capability of the Federal Government to— (A) rapidly identify, characterize, localize, and track a biological event of national con- cern by integrating and analyzing data re- lating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and (B) disseminate alerts and other informa- tion to Member Agencies and, in coordina- tion with (and where possible through) Mem- ber Agencies, to agencies of State, local, and tribal governments, as appropriate, to en- hance the ability of such agencies to respond to a biological event of national concern; and (2) oversee development and operation of the National Biosurveillance Integration System. (c) Requirements The NBIC shall detect, as early as possible, a biological event of national concern that pre- sents a risk to the United States or the infra-