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6 U.S.C. § 194 — Enhancement of public safety communica-

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6 U.S.C. § 194 — Enhancement of public safety communica-

Page 77 TITLE 6—DOMESTIC SECURITY § 194 text read as follows: ‘‘The Homeland Security Institute shall terminate 3 years after the effective date of this chapter.’’ § 193. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security (a) Establishment of program The Secretary, acting through the Under Sec- retary for Science and Technology, shall estab- lish and promote a program to encourage tech- nological innovation in facilitating the mission of the Department (as described in section 111 of this title). (b) Elements of program The program described in subsection (a) shall include the following components: (1) The establishment of a centralized Fed- eral clearinghouse for information relating to technologies that would further the mission of the Department for dissemination, as appro- priate, to Federal, State, and local govern- ment and private sector entities for additional review, purchase, or use. (2) The issuance of announcements seeking unique and innovative technologies to advance the mission of the Department. (3) The establishment of a technical assist- ance team to assist in screening, as appro- priate, proposals submitted to the Secretary (except as provided in subsection (c)(2)) to as- sess the feasibility, scientific and technical merits, and estimated cost of such proposals, as appropriate. (4) The provision of guidance, recommenda- tions, and technical assistance, as appropriate, to assist Federal, State, and local government and private sector efforts to evaluate and im- plement the use of technologies described in paragraph (1) or (2). (5) The provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland

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Page 77 TITLE 6—DOMESTIC SECURITY § 194 text read as follows: ‘‘The Homeland Security Institute shall terminate 3 years after the effective date of this chapter.’’ § 193. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security (a) Establishment of program The Secretary, acting through the Under Sec- retary for Science and Technology, shall estab- lish and promote a program to encourage tech- nological innovation in facilitating the mission of the Department (as described in section 111 of this title). (b) Elements of program The program described in subsection (a) shall include the following components: (1) The establishment of a centralized Fed- eral clearinghouse for information relating to technologies that would further the mission of the Department for dissemination, as appro- priate, to Federal, State, and local govern- ment and private sector entities for additional review, purchase, or use. (2) The issuance of announcements seeking unique and innovative technologies to advance the mission of the Department. (3) The establishment of a technical assist- ance team to assist in screening, as appro- priate, proposals submitted to the Secretary (except as provided in subsection (c)(2)) to as- sess the feasibility, scientific and technical merits, and estimated cost of such proposals, as appropriate. (4) The provision of guidance, recommenda- tions, and technical assistance, as appropriate, to assist Federal, State, and local government and private sector efforts to evaluate and im- plement the use of technologies described in paragraph (1) or (2). (5) The provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland security, including infor- mation relating to Federal funding, regula- tion, or acquisition. (c) Miscellaneous provisions (1) In general Nothing in this section shall be construed as authorizing the Secretary or the technical as- sistance team established under subsection (b)(3) to set standards for technology to be used by the Department, any other executive agency, any State or local government entity, or any private sector entity. (2) Certain proposals The technical assistance team established under subsection (b)(3) shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procure- ment or for a specific agency requirement. (3) Coordination In carrying out this section, the Secretary shall coordinate with the Technical Support Working Group (organized under the April 1982 National Security Decision Directive Num- bered 30). (Pub. L. 107–296, title III, § 313, Nov. 25, 2002, 116 Stat. 2176.) § 194. Enhancement of public safety communica- tions interoperability (a) Coordination of public safety interoperable communications programs (1) Program The Secretary of Homeland Security, in con- sultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall establish a program to en- hance public safety interoperable communica- tions at all levels of government. Such pro- gram shall— (A) establish a comprehensive national ap- proach to achieving public safety interoper- able communications; (B) coordinate with other Federal agencies in carrying out subparagraph (A); (C) develop, in consultation with other ap- propriate Federal agencies and State and local authorities, appropriate minimum ca- pabilities for communications interoper- ability for Federal, State, and local public safety agencies; (D) accelerate, in consultation with other Federal agencies, including the National In- stitute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary con- sensus standards for public safety interoper- able communications, recognizing— (i) the value, life cycle, and technical ca- pabilities of existing communications in- frastructure; (ii) the need for cross-border interoper- ability 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 imple- mentation 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 identi- fying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications; (G) identify priorities within the Depart- ment of Homeland Security for research, de- velopment, and testing and evaluation with regard to public safety interoperable com- munications; (H) establish coordinated guidance for Fed- eral grant programs for public safety inter- operable communications; (I) provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoper- ability 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 meas- ures and milestones to systematically meas- Page 78 TITLE 6—DOMESTIC SECURITY § 194 1 See References in Text note below. ure the Nation’s progress toward achieving public safety communications interoper- ability, including the development of na- tional voluntary consensus standards. (2) Office for Interoperability and Compat- ibility (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 1 of the Home- land Security Act of 2002, as added by sub- section (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 vol- untary consensus standards for public safety interoperable communications, a schedule of milestones for such development, and achieve- ments 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 pur- poses of enhancing interoperable communica- tions capabilities for emergency response pro- viders, the Secretary may commit to obligate Federal assistance beyond the current fiscal year, subject to the limitations and restric- tions in this subsection. (2) Restrictions (A) Time limit No multiyear interoperability commit- ment may exceed 3 years in duration. (B) Amount of committed funds The total amount of assistance the Sec- retary has committed to obligate for any fu- ture 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 communica- tions 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 avail- able, if the applicant, after the Secretary issues the letter, carries out the project be- fore receiving amounts under a grant issued by the Secretary. (C) Notice to Secretary An applicant that is issued a letter of in- tent 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 no- tification 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 and is not deemed to be an administrative commitment for financing. An obligation or administra- tive commitment may be made only as amounts are provided in authorization and appropriations laws. (F) Statutory construction Nothing in this subsection shall be con- strued— (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 as- sistance intended for interoperable com- munications 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 commu- nications 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 communica- tions interoperability in the applicable juris- dictions among Federal, State, and local emer- gency response providers and other relevant private resources; (2) describe the available and planned use of public safety frequency spectrum and re- Page 79 TITLE 6—DOMESTIC SECURITY § 194 sources for interoperable communications within such jurisdictions; (3) describe how the planned use of spectrum and resources for interoperable communica- tions is compatible with surrounding capabili- ties and interoperable communications plans of Federal, State, and local governmental en- tities, military installations, foreign govern- ments, critical infrastructure, and other rel- evant entities; (4) include a 5-year plan for the dedication of Federal, State, and local government and pri- vate resources to achieve a consistent, secure, and effective interoperable communications system, including planning, system design and engineering, testing and technology develop- ment, procurement and installation, training, and operations and maintenance; (5) describe how such 5-year plan meets or exceeds any applicable standards and grant re- quirements established by the Secretary; (6) include information on the governance structure used to develop the plan, including such information about all agencies and orga- nizations that participated in developing the plan and the scope and timeframe of the plan; and (7) describe the method by which multi-ju- risdictional, multidisciplinary input is pro- vided from all regions of the jurisdiction, in- cluding any high-threat urban areas located in the jurisdiction, and the process for con- tinuing to incorporate such input. (g) Definitions In this section: (1) Interoperable communications The term ‘‘interoperable communications’’ means the ability of emergency response pro- viders 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. (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 jurisdic- tions cannot effectively and efficiently com- municate with one another; and (B) their inability to do so threatens the public’s safety and may result in unneces- sary loss of lives and property. (2) Sense of Congress It is the sense of Congress that interoperable emergency communications systems and ra- dios should continue to be deployed as soon as practicable for use by the first responder com- munity, and that upgraded and new digital communications systems and new digital ra- dios must meet prevailing national, voluntary consensus standards for interoperability. (Pub. L. 108–458, title VII, § 7303, Dec. 17, 2004, 118 Stat. 3843; Pub. L. 110–53, title III, § 301(c), Aug. 3, 2007, 121 Stat. 299.) Editorial Notes REFERENCES IN TEXT Section 510 of the Homeland Security Act of 2002, as added by subsection (d), referred to in subsec. (a)(2)(B)(ii), means section 510 of Pub. L. 107–296, which was added by Pub. L. 108–458, title VII, § 7303(d), Dec. 17, 2004, 118 Stat. 3844, and was classified to section 321 of this title, prior to repeal by Pub. L. 109–295, title VI, § 611(5), Oct. 4, 2006, 120 Stat. 1395. See Prior Provisions note set out under section 321 of this title. CODIFICATION Section is comprised of section 7303 of Pub. L. 108–458. Subsec. (d) of section 7303 of Pub. L. 108–458 enacted section 321 of this title. Subsec. (h) of section 7303 of Pub. L. 108–458 amended sections 238 and 314 of this title. Section was enacted as part of the Intelligence Re- form and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter. Section 301(c) of Pub. L. 110–53, which directed the amendment of section 7303 of the ‘‘Intelligence Reform and Terrorist Prevention Act of 2004’’, was executed to this section, which is section 7303 of the Intelligence Reform and Terrorism Prevention Act of 2004, to reflect the probable intent of Congress. See 2007 Amendment notes below. AMENDMENTS 2007—Subsec. (f)(6), (7). Pub. L. 110–53, § 301(c)(1), added pars. (6) and (7). See Codification note above. Subsec. (g)(1). Pub. L. 110–53, § 301(c)(2), substituted ‘‘and video’’ for ‘‘or video’’. See Codification note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–458, title VII, § 7308, Dec. 17, 2004, 118 Stat. 3849, provided that: ‘‘Notwithstanding any other provi- sion of this Act [see Tables for classification], this sub- title [subtitle C (§§ 7301–7308) of title VII of Pub. L. 108–458, enacting this section and section 321 of this title, amending sections 238 and 312 of this title, and enacting provisions set out as notes under this section and section 5196 of Title 42, The Public Health and Wel- fare] shall take effect on the date of enactment of this Act [Dec. 17, 2004].’’ TRANSFER OF FUNCTIONS For transfer of the SAFECOM Program, excluding elements related to research, development, testing, and evaluation and standards, to the Assistant Director for Emergency Communications, see section 571(d)(1) of this title. DEPARTMENT OF HOMELAND SECURITY INTEROPERABLE COMMUNICATIONS Pub. L. 114–120, title II, § 212, Feb. 8, 2016, 130 Stat. 42, provided that: ‘‘(a) IN GENERAL.—If the Secretary of Homeland Secu- rity determines that there are at least two communica- tions systems described under paragraph (1)(B) and cer- tified under paragraph (2), the Secretary shall establish and carry out a pilot program across not less than Page 80 TITLE 6—DOMESTIC SECURITY § 194 three components of the Department of Homeland Se- curity to assess the effectiveness of a communications system that— ‘‘(1) provides for— ‘‘(A) multiagency collaboration and interoper- ability; and ‘‘(B) wide-area, secure, and peer-invitation- and- acceptance-based multimedia communications; ‘‘(2) is certified by the Department of Defense Joint Interoperability Test Center; and ‘‘(3) is composed of commercially available, off-the- shelf technology. ‘‘(b) ASSESSMENT.—Not later than 6 months after the date on which the pilot program is completed, the Sec- retary shall submit to the Committee on Transpor- tation and Infrastructure and the Committee on Home- land Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee [on] Homeland Security and Gov- ernmental Affairs of the Senate an assessment of the pilot program, including the impacts of the program with respect to interagency and Coast Guard response capabilities. ‘‘(c) STRATEGY.—The pilot program shall be con- sistent with the strategy required by the Department of Homeland Security Interoperable Communications Act (Public Law 114–29) [set out below]. ‘‘(d) TIMING.—The pilot program shall commence within 90 days after the date of the enactment of this Act [Feb. 8, 2016] or within 60 days after the completion of the strategy required by the Department of Home- land Security Interoperable Communications Act (Pub- lic Law 114–29), whichever is later.’’ Pub. L. 114–29, July 6, 2015, 129 Stat. 421, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Department of Home- land Security Interoperable Communications Act’ or the ‘DHS Interoperable Communications Act’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act— ‘‘(1) the term ‘Department’ means the Department of Homeland Security; ‘‘(2) the term ‘interoperable communications’ has the meaning given that term in section 701(d) [now 701(e)] of the Homeland Security Act of 2002 [6 U.S.C. 341(e)], as added by section 3; and ‘‘(3) the term ‘Under Secretary for Management’ means the Under Secretary for Management of the Department of Homeland Security. ‘‘SEC. 3. INCLUSION OF INTEROPERABLE COMMU- NICATIONS CAPABILITIES IN RESPONSIBIL- ITIES OF UNDER SECRETARY FOR MANAGE- MENT. [Amended section 341 of this title.] ‘‘SEC. 4. STRATEGY. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [July 6, 2015], the Under Secretary for Management shall submit to the Com- mittee on Homeland Security of the House of Rep- resentatives and the Committee on Homeland Security and Governmental Affairs of the Senate a strategy, which shall be updated as necessary, for achieving and maintaining interoperable communications among the components of the Department, including for daily op- erations, planned events, and emergencies, with cor- responding milestones, that includes the following: ‘‘(1) An assessment of interoperability gaps in radio communications among the components of the De- partment, as of the date of enactment of this Act. ‘‘(2) Information on efforts and activities, including current and planned policies, directives, and training, of the Department since November 1, 2012, to achieve and maintain interoperable communications among the components of the Department, and planned ef- forts and activities of the Department to achieve and maintain such interoperable communications. ‘‘(3) An assessment of obstacles and challenges to achieving and maintaining interoperable communica- tions among the components of the Department. ‘‘(4) Information on, and an assessment of, the ade- quacy of mechanisms available to the Under Sec- retary for Management to enforce and compel com- pliance with interoperable communications policies and directives of the Department. ‘‘(5) Guidance provided to the components of the Department to implement interoperable communica- tions policies and directives of the Department. ‘‘(6) The total amount of funds expended by the De- partment since November 1, 2012, and projected future expenditures, to achieve interoperable communica- tions, including on equipment, infrastructure, and maintenance. ‘‘(7) Dates upon which Department-wide interoper- ability is projected to be achieved for voice, data, and video communications, respectively, and interim milestones that correspond to the achievement of each such mode of communication. ‘‘(b) SUPPLEMENTARY MATERIAL.—Together with the strategy required under subsection (a), the Under Sec- retary for Management shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Govern- mental Affairs of the Senate information on— ‘‘(1) any intra-agency effort or task force that has been delegated certain responsibilities by the Under Secretary for Management relating to achieving and maintaining interoperable communications among the components of the Department by the dates re- ferred to in subsection (a)(7); and ‘‘(2) who, within each such component, is respon- sible for implementing policies and directives issued by the Under Secretary for Management to so achieve and maintain such interoperable communications. ‘‘SEC. 5. REPORT. ‘‘Not later than 100 days after the date on which the strategy required under section 4(a) is submitted, and every 2 years thereafter for 6 years, the Under Sec- retary for Management shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Govern- mental Affairs of the Senate a report on the status of efforts to implement the strategy required under sec- tion 4(a), including the following: ‘‘(1) Progress on each interim milestone referred to in section 4(a)(7) toward achieving and maintaining interoperable communications among the compo- nents of the Department. ‘‘(2) Information on any policies, directives, guid- ance, and training established by the Under Sec- retary for Management. ‘‘(3) An assessment of the level of compliance, adop- tion, and participation among the components of the Department with the policies, directives, guidance, and training established by the Under Secretary for Management to achieve and maintain interoperable communications among the components. ‘‘(4) Information on any additional resources or au- thorities needed by the Under Secretary for Manage- ment. ‘‘SEC. 6. APPLICABILITY. ‘‘Sections 4 and 5 shall only apply with respect to the interoperable communications capabilities within the Department and components of the Department to communicate within the Department.’’ CROSS BORDER INTEROPERABILITY REPORTS Pub. L. 110–53, title XXII, § 2203, Aug. 3, 2007, 121 Stat. 541, provided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Aug. 3, 2007], the Federal Communications Commission, in consultation with the Department of Homeland Security’s Office of Emer- gency Communications [now Emergency Communica- tions Division], the Office of Management of [sic] Budg- 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-

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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

6 U.S.C. § 101 — Definitions

Page 6 TITLE 6—DOMESTIC SECURITY § 101 1 See References in Text note below. 2 So in original. A closing parenthesis probably should precede the period. Sec. 677f. Authorization of appropriations. 677g. Sunset. PART D—CYBER INCIDENT REPORTING 681. Definitions. 681a. Cyber incident review. 681b. Required reporting of certain cyber incidents. 681c. Voluntary reporting of other cyber incidents. 681d. Noncompliance with required reporting. 681e. Information shared with or provided to the Federal Government. 681f. Cyber Incident Reporting Council. 681g. Federal sharing of incident reports. § 101. Definitions In this chapter, the following definitions apply: (1) Each of the terms ‘‘American homeland’’ and ‘‘homeland’’ means the United States. (2) The term ‘‘appropriate congressional committee’’ means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter con- cerned. (3) The term ‘‘assets’’ includes contracts, fa- cilities, property, records, unobligated or un- expended balances of appropriations, and other funds or resources (other than personnel). (4) The term ‘‘critical infrastructure’’ has the meaning given that term in section 5195c(e) of title 42. (5) The term ‘‘Department’’ means the De- partment of Homeland Security. (6) The term ‘‘emergency response pro- viders’’ includes Federal, State, and local gov- ernmental and nongovernmental emergency public safety, fire, law enforcement, emer- gency response, emergency medical (including hospital emergency facilities), and related per- sonnel, agencies, and authorities. (7) The term ‘‘EMP’’ means an electro- magnetic pulse caused by a nuclear

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 101

Stored review status: historical_2024_not_currentness_verified. The source passage cites 6 U.S.C. § 101. This identifies an authority to review, not proof of applicability.

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

6 U.S.C. § 194 — Homeland Security Advanced Research Projects Agency

**(a) Definitions** In this section: (1) **Fund** — The term “Fund” means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c). (2) **Homeland security research** — The term “homeland security research” means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism. (3) **HSARPA** — The term “HSARPA” means the Homeland Security Advanced Research Projects Agency established in subsection (b). (4) **Under Secretary** — The term “Under Secretary” means the Under Secretary for Science and Technology. **(b) Homeland Security Advanced Research Projects Agency** (1) **Establishment** — There is established the Homeland Security Advanced Research Projects Agency. (2) **Director** — HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary. (3) **Responsibilities** — The Director shall administer the Fund to award competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities. The Director shall administer the Fund to— (A) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security; (B) advance the development, testing and evaluation, and deployment of critical homeland security technologies; (C) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities; and (D) conduct research and development for the purpose of advancing technology for the investigati

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 194

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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

Stored review status: release_metadata_unconfirmed. The source passage cites 6 U.S.C. § 341. This identifies an authority to review, not proof of applicability.

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

6 U.S.C. § 341 — Under Secretary for Management

Page 188 TITLE 6—DOMESTIC SECURITY § 341 (6) Each Johnny Micheal Spann Patriot Trust shall comply with the instructions and directions of the Director of Central Intel- ligence, the Attorney General, or the Sec- retary of Defense relating to the protection of intelligence sources and methods, sensitive law enforcement information, or other sen- sitive national security information, including methods for confidentially disbursing funds. (7) Each Johnny Micheal Spann Patriot Trust that receives annual contributions to- taling more than $1,000,000 must be audited an- nually by an independent certified public ac- counting firm. Such audits shall be filed with the Internal Revenue Service, and shall be open to public inspection, except that the con- duct, filing, and availability of the audit shall be consistent with the protection of intel- ligence sources and methods, of sensitive law enforcement information, and of other sen- sitive national security information. (8) Each Johnny Micheal Spann Patriot Trust shall make distributions to beneficiaries described in paragraph (1) at least once every calendar year, beginning not later than 12 months after the formation of such Trust, and all funds and donations received and earnings not placed in a private foundation dedicated to such beneficiaries must be distributed within 36 months after the end of the fiscal year in which such funds, donations, and earnings are received. (9)(A) When determining the amount of a distribution to any beneficiary described in paragraph (1), a Johnny Micheal Spann Pa- triot Trust should take into account the amount of any collateral source compensation that the beneficiary has received or is entitled to receive as a result of the death of an indi- vidual described in pa

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 341

Stored review status: historical_2024_not_currentness_verified. The source passage cites 6 U.S.C. § 341. This identifies an authority to review, not proof of applicability.