6 U.S.C. § 579 — Interoperable Emergency Communications

Page 288 TITLE 6—DOMESTIC SECURITY § 576 1 So in original. Subsection (b) of this section does not contain a paragraph (1). 1439; amended Pub. L. 115–278, § 2(g)(6)(B), Nov. 16, 2018, 132 Stat. 4179.) Editorial Notes CODIFICATION Another section 1805 of Pub. L. 107–296 was renum- bered section 1905 and was classified to section 595 of this title, prior to repeal by Pub. L. 115–387, § 2(a)(4), Dec. 21, 2018, 132 Stat. 5163. AMENDMENTS 2018—Subsec. (d)(2). Pub. L. 115–278 substituted ‘‘As- sistant Director for Emergency Communications’’ for ‘‘Director for Emergency Communications’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Assistant Director for Emergency Communications deemed to be a reference to the Exec- utive Assistant Director for Emergency Communica- tions, see section 571(g) of this title, enacted Jan. 1, 2021. § 576. Emergency Communications Preparedness Center (a) Establishment There is established the Emergency Commu- nications Preparedness Center (in this section referred to as the ‘‘Center’’). (b) Operation The Secretary, the Chairman of the Federal Communications Commission, the Secretary of Defense, the Secretary of Commerce, the Attor- ney General of the United States, and the heads of other Federal departments and agencies or their designees shall jointly operate the Center in accordance with the Memorandum of Under- standing entitled, ‘‘Emergency Communications Preparedness Center (ECPC) Charter’’. (c) Functions The Center shall— (1) serve as the focal point for interagency efforts and as a clearinghouse with respect to all relevant intergovernmental information to support and promote (including specifically by working to avoid duplication, hindrances, and counteractive efforts among the participating Federal departments and agencies)— (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; (2) prepare and submit to Congress, on an an- nual basis, a strategic assessment regarding the coordination efforts of Federal depart- ments and agencies to advance— (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; (3) consider, in preparing the strategic as- sessment under paragraph (2), the goals stated in the National Emergency Communications Plan under section 572 of this title; and (4) perform such other functions as are pro- vided in the Emergency Communications Pre- paredness Center (ECPC) Charter described in subsection (b)(1).1 (Pub. L. 107–296, title XVIII, § 1806, as added Pub. L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat. 1440.) Editorial Notes CODIFICATION Another section 1806 of Pub. L. 107–296 was renum- bered section 1906 and is classified to section 596 of this title. § 577. Urban and other high risk area commu- nications capabilities (a) In general The Secretary, in consultation with the Chair- man of the Federal Communications Commis- sion and the Secretary of Defense, and with ap- propriate State, local, and tribal government of- ficials, shall provide technical guidance, train- ing, and other assistance, as appropriate, to sup- port the rapid establishment of consistent, se- cure, and effective interoperable emergency communications capabilities in the event of an emergency in urban and other areas determined by the Secretary to be at consistently high lev- els of risk from natural disasters, acts of ter- rorism, and other man-made disasters. (b) Minimum capabilities The interoperable emergency communications capabilities established under subsection (a) shall ensure the ability of all levels of govern- ment, emergency response providers, the private sector, and other organizations with emergency response capabilities— (1) to communicate with each other in the event of an emergency; (2) to have appropriate and timely access to the Information Sharing Environment de- scribed in section 485 of this title; and (3) to be consistent with any applicable State or Urban Area homeland strategy or plan. (Pub. L. 107–296, title XVIII, § 1807, as added Pub. L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat. 1441.) § 578. Definition In this subchapter, the term ‘‘interoperable’’ has the meaning given the term ‘‘interoperable communications’’ under section 194(g)(1) of this title. (Pub. L. 107–296, title XVIII, § 1808, as added Pub. L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat. 1441.) § 579. Interoperable Emergency Communications Grant Program (a) Establishment The Secretary shall establish the Interoper- able Emergency Communications Grant Pro- Page 289 TITLE 6—DOMESTIC SECURITY § 579 gram to make grants to States to carry out ini- tiatives to improve local, tribal, statewide, re- gional, national and, where appropriate, inter- national interoperable emergency communica- tions, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters. (b) Policy The Assistant Director for Emergency Com- munications shall ensure that a grant awarded to a State under this section is consistent with the policies established pursuant to the respon- sibilities and authorities of the Emergency Com- munications Division under this subchapter, in- cluding ensuring that activities funded by the grant— (1) comply with the statewide plan for that State required by section 194(f) of this title; and (2) comply with the National Emergency Communications Plan under section 572 of this title, when completed. (c) Administration (1) In general The Administrator of the Federal Emer- gency Management Agency shall administer the Interoperable Emergency Communications Grant Program pursuant to the responsibil- ities and authorities of the Administrator under subchapter V. (2) Guidance In administering the grant program, the Ad- ministrator shall ensure that the use of grants is consistent with guidance established by the Assistant Director for Emergency Commu- nications pursuant to section 194(a)(1)(H) of this title. (d) Use of funds A State that receives a grant under this sec- tion shall use the grant to implement that State’s Statewide Interoperability Plan required under section 194(f) of this title and approved under subsection (e), and to assist with activi- ties determined by the Secretary to be integral to interoperable emergency communications. (e) Approval of plans (1) Approval as condition of grant Before a State may receive a grant under this section, the Assistant Director for Emer- gency Communications shall approve the State’s Statewide Interoperable Communica- tions Plan required under section 194(f) of this title. (2) Plan requirements In approving a plan under this subsection, the Assistant Director for Emergency Commu- nications shall ensure that the plan— (A) is designed to improve interoperability at the city, county, regional, State and interstate level; (B) considers any applicable local or re- gional plan; and (C) complies, to the maximum extent prac- ticable, with the National Emergency Com- munications Plan under section 572 of this title. (3) Approval of revisions The Assistant Director for Emergency Com- munications may approve revisions to a State’s plan if the Assistant Director deter- mines that doing so is likely to further inter- operability. (f) Limitations on uses of funds (1) In general The recipient of a grant under this section may not use the grant— (A) to supplant State or local funds; (B) for any State or local government cost- sharing contribution; or (C) for recreational or social purposes. (2) Penalties In addition to other remedies currently available, the Secretary may take such ac- tions as necessary to ensure that recipients of grant funds are using the funds for the purpose for which they were intended. (g) Limitations on award of grants (1) National emergency communications plan required The Secretary may not award a grant under this section before the date on which the Sec- retary completes and submits to Congress the National Emergency Communications Plan re- quired under section 572 of this title. (2) Voluntary consensus standards The Secretary may not award a grant to a State under this section for the purchase of equipment that does not meet applicable vol- untary consensus standards, unless the State demonstrates that there are compelling rea- sons for such purchase. (h) Award of grants In approving applications and awarding grants under this section, the Secretary shall con- sider— (1) the risk posed to each State by natural disasters, acts of terrorism, or other manmade disasters, including— (A) the likely need of a jurisdiction within the State to respond to such risk in nearby jurisdictions; (B) the degree of threat, vulnerability, and consequences related to critical infrastruc- ture (from all critical infrastructure sectors) or key resources identified by the Adminis- trator or the State homeland security and emergency management plans, including threats to, vulnerabilities of, and con- sequences from damage to critical infra- structure and key resources in nearby juris- dictions; (C) the size of the population and density of the population of the State, including ap- propriate consideration of military, tourist, and commuter populations; (D) whether the State is on or near an international border; (E) whether the State encompasses an eco- nomically significant border crossing; and (F) whether the State has a coastline bor- dering an ocean, a major waterway used for interstate commerce, or international wa- ters; and Page 290 TITLE 6—DOMESTIC SECURITY § 579 (2) the anticipated effectiveness of the State’s proposed use of grant funds to improve interoperability. (i) Opportunity to amend applications In considering applications for grants under this section, the Administrator shall provide ap- plicants with a reasonable opportunity to cor- rect defects in the application, if any, before making final awards. (j) Minimum grant amounts (1) States In awarding grants under this section, the Secretary shall ensure that for each fiscal year, except as provided in paragraph (2), no State receives a grant in an amount that is less than the following percentage of the total amount appropriated for grants under this sec- tion for that fiscal year: (A) For fiscal year 2008, 0.50 percent. (B) For fiscal year 2009, 0.50 percent. (C) For fiscal year 2010, 0.45 percent. (D) For fiscal year 2011, 0.40 percent. (E) For fiscal year 2012 and each subse- quent fiscal year, 0.35 percent. (2) Territories and possessions In awarding grants under this section, the Secretary shall ensure that for each fiscal year, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive grants in amounts that are not less than 0.08 percent of the total amount appropriated for grants under this sec- tion for that fiscal year. (k) Certification Each State that receives a grant under this section shall certify that the grant is used for the purpose for which the funds were intended and in compliance with the State’s approved Statewide Interoperable Communications Plan. (l) State responsibilities (1) Availability of funds to local and tribal gov- ernments Not later than 45 days after receiving grant funds, any State that receives a grant under this section shall obligate or otherwise make available to local and tribal governments— (A) not less than 80 percent of the grant funds; (B) with the consent of local and tribal governments, eligible expenditures having a value of not less than 80 percent of the amount of the grant; or (C) grant funds combined with other eligi- ble expenditures having a total value of not less than 80 percent of the amount of the grant. (2) Allocation of funds A State that receives a grant under this sec- tion shall allocate grant funds to tribal gov- ernments in the State to assist tribal commu- nities in improving interoperable communica- tions, in a manner consistent with the State- wide Interoperable Communications Plan. A State may not impose unreasonable or unduly burdensome requirements on a tribal govern- ment as a condition of providing grant funds or resources to the tribal government. (3) Penalties If a State violates the requirements of this subsection, in addition to other remedies available to the Secretary, the Secretary may terminate or reduce the amount of the grant awarded to that State or transfer grant funds previously awarded to the State directly to the appropriate local or tribal government. (m) Reports (1) Annual reports by State grant recipients A State that receives a grant under this sec- tion shall annually submit to the Assistant Director for Emergency Communications a re- port on the progress of the State in imple- menting that State’s Statewide Interoperable Communications Plans required under section 194(f) of this title and achieving interoper- ability at the city, county, regional, State, and interstate levels. The Assistant Director shall make the reports publicly available, in- cluding by making them available on the Internet website of the Cybersecurity and In- frastructure Security Agency, subject to any redactions that the Assistant Director deter- mines are necessary to protect classified or other sensitive information. (2) Annual reports to Congress At least once each year, the Assistant Direc- tor for Emergency Communications shall sub- mit to Congress a report on the use of grants awarded under this section and any progress in implementing Statewide Interoperable Com- munications Plans and improving interoper- ability at the city, county, regional, State, and interstate level, as a result of the award of such grants. (n) Rule of construction Nothing in this section shall be construed or interpreted to preclude a State from using a grant awarded under this section for interim or long-term Internet Protocol-based interoperable solutions. (o) Authorization of appropriations There are authorized to be appropriated for grants under this section— (1) for fiscal year 2008, such sums as may be necessary; (2) for each of fiscal years 2009 through 2012, $400,000,000; and (3) for each subsequent fiscal year, such sums as may be necessary. (Pub. L. 107–296, title XVIII, § 1809, as added Pub. L. 110–53, title III, § 301(a), Aug. 3, 2007, 121 Stat. 296; amended Pub. L. 115–278, § 2(g)(6)(C), Nov. 16, 2018, 132 Stat. 4179.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–278, § 2(g)(6)(C)(i), substituted ‘‘As- sistant Director for Emergency Communications’’ for ‘‘Director of Emergency Communications’’ wherever appearing. Subsec. (b). Pub. L. 115–278, § 2(g)(6)(C)(ii), substituted ‘‘Assistant Director for Emergency Communications’’ for ‘‘Director for Emergency Communications’’ and ‘‘Emergency Communications Division’’ for ‘‘Office of Emergency Communications’’ in introductory provi- sions. Page 291 TITLE 6—DOMESTIC SECURITY § 580 Subsec. (e)(3). Pub. L. 115–278, § 2(g)(6)(C)(iii), sub- stituted ‘‘the Assistant Director’’ for ‘‘the Director’’. Subsec. (m)(1). Pub. L. 115–278, § 2(g)(6)(C)(iv), sub- stituted ‘‘The Assistant Director’’ for ‘‘the Director’’, ‘‘Cybersecurity and Infrastructure Security Agency’’ for ‘‘Office of Emergency Communications’’, and ‘‘the Assistant Director determines’’ for ‘‘the Director deter- mines’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Assistant Director for Emergency Communications deemed to be a reference to the Exec- utive Assistant Director for Emergency Communica- tions, see section 571(g) of this title, enacted Jan. 1, 2021. § 580. Border interoperability demonstration project (a) In general (1) Establishment The Secretary, acting through the Assistant Director for Emergency Communications (re- ferred to in this section as the ‘‘Assistant Di- rector’’), and in coordination with the Federal Communications Commission and the Sec- retary of Commerce, shall establish an Inter- national Border Community Interoperable Communications Demonstration Project (re- ferred to in this section as the ‘‘demonstration project’’). (2) Minimum number of communities The Assistant Director shall select no fewer than 6 communities to participate in a dem- onstration project. (3) Location of communities No fewer than 3 of the communities selected under paragraph (2) shall be located on the northern border of the United States and no fewer than 3 of the communities selected under paragraph (2) shall be located on the southern border of the United States. (b) Conditions The Assistant Director, in coordination with the Federal Communications Commission and the Secretary of Commerce, shall ensure that the project is carried out as soon as adequate spectrum is available as a result of the 800 megahertz rebanding process in border areas, and shall ensure that the border projects do not impair or impede the rebanding process, but under no circumstances shall funds be distrib- uted under this section unless the Federal Com- munications Commission and the Secretary of Commerce agree that these conditions have been met. (c) Program requirements Consistent with the responsibilities of the Emergency Communications Division under sec- tion 571 of this title, the Assistant Director shall foster local, tribal, State, and Federal interoper- able emergency communications, as well as interoperable emergency communications with appropriate Canadian and Mexican authorities in the communities selected for the demonstra- tion project. The Assistant Director shall— (1) identify solutions to facilitate interoper- able communications across national borders expeditiously; (2) help ensure that emergency response pro- viders can communicate with each other in the event of natural disasters, acts of ter- rorism, and other man-made disasters; (3) provide technical assistance to enable emergency response providers to deal with threats and contingencies in a variety of envi- ronments; (4) identify appropriate joint-use equipment to ensure communications access; (5) identify solutions to facilitate commu- nications between emergency response pro- viders in communities of differing population densities; and (6) take other actions or provide equipment as the Assistant Director deems appropriate to foster interoperable emergency communica- tions. (d) Distribution of funds (1) In general The Secretary shall distribute funds under this section to each community participating in the demonstration project through the State, or States, in which each community is located. (2) Other participants A State shall make the funds available promptly to the local and tribal governments and emergency response providers selected by the Secretary to participate in the demonstra- tion project. (3) Report Not later than 90 days after a State receives funds under this subsection the State shall re- port to the Assistant Director on the status of the distribution of such funds to local and tribal governments. (e) Maximum period of grants The Assistant Director may not fund any par- ticipant under the demonstration project for more than 3 years. (f) Transfer of information and knowledge The Assistant Director shall establish mecha- nisms to ensure that the information and knowl- edge gained by participants in the demonstra- tion project are transferred among the partici- pants and to other interested parties, including other communities that submitted applications to the participant in the project. (g) Authorization of appropriations There is authorized to be appropriated for grants under this section such sums as may be necessary. (Pub. L. 107–296, title XVIII, § 1810, as added Pub. L. 110–53, title III, § 302(a), Aug. 3, 2007, 121 Stat. 300; amended Pub. L. 115–278, § 2(g)(6)(D), Nov. 16, 2018, 132 Stat. 4180.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–278, § 2(g)(6)(D)(iii), substituted ‘‘As- sistant Director’’ for ‘‘Director’’ wherever appearing. Subsec. (a)(1). Pub. L. 115–278, § 2(g)(6)(D)(i), sub- stituted ‘‘Assistant Director for Emergency Commu- nications (referred to in this section as the ‘Assistant Director’)’’ for ‘‘Director of the Office of Emergency