1
See References in Text note below.
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 Reform 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 provision of this Act [see Tables for classification], this subtitle [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 Welfare] 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 Security determines that there are at least two communications systems described under paragraph (1)(B) and certified under paragraph (2), the Secretary shall establish and carry out a pilot program across not less than three components of the Department of Homeland Security to assess the effectiveness of a communications system that—
“(1)
provides for—
“(A)
multiagency collaboration and interoperability; 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 Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee [on] Homeland Security and Governmental 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 consistent 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 Homeland Security Interoperable Communications Act ([Public 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 Homeland 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 COMMUNICATIONS CAPABILITIES IN RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.
“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 Committee on Homeland Security of the House of Representatives 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 operations, planned events, and emergencies, with corresponding milestones, that includes the following:
“(1)
An assessment of interoperability gaps in radio communications among the components of the Department, 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 efforts and activities of the Department to achieve and maintain such interoperable communications.
“(3)
An assessment of obstacles and challenges to achieving and maintaining interoperable communications among the components of the Department.
“(4)
Information on, and an assessment of, the adequacy of mechanisms available to the Under Secretary for Management to enforce and compel compliance with interoperable communications policies and directives of the Department.
“(5)
Guidance provided to the components of the Department to implement interoperable communications policies and directives of the Department.
“(6)
The total amount of funds expended by the Department since November 1, 2012, and projected future expenditures, to achieve interoperable communications, including on equipment, infrastructure, and maintenance.
“(7)
Dates upon which Department-wide interoperability 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 Secretary for Management 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 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 referred to in subsection (a)(7); and
“(2)
who, within each such component, is responsible 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 Secretary for Management 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 report on the status of efforts to implement the strategy required under section 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 components of the Department.
“(2)
Information on any policies, directives, guidance, and training established by the Under Secretary for Management.
“(3)
An assessment of the level of compliance, adoption, 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 authorities needed by the Under Secretary for Management.
“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 Emergency Communications [now Emergency Communications Division], the Office of Management of [sic] Budget, and the Department of State shall report to the Senate Committee on Commerce, Science, and Transportation 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 Reform 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 Commission 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 between—
“(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 applications 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 entities; and
“(5)
any additional procedures and mechanisms that can be taken by the Commission to decrease the rejection rate for applications by United States private and public entities seeking licenses to use channels and frequencies above Line A.
“(b)
Updated Reports to Be Filed on the Status of Treaty of [sic] Negotiations.—
The Federal Communications Commission, in conjunction with the Department of Homeland Security, the Office of Management of Budget, and the Department of State shall continually 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 negotiations under subsection (a)(2) until the appropriate United States treaty has been revised with each of—
“(c)
International Negotiations To Remedy Situation.—
Not later than 90 days after the date of enactment of this Act [Aug. 3, 2007], the Secretary of the Department 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 negotiations;
“(4)
whether the current process allows for automatic 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 specifically 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 provisions 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 strategic plan in order to develop a regional strategic plan to foster interagency communication and coordinate the gathering of all Federal, State, and local first responders in that area, consistent with the national strategic plan developed by the Department of Homeland Security, and to submit to Congress an interim report regarding the progress of the interagency communications pilot projects 6 months after Dec. 17, 2004, and a final report 18 months after Dec. 17, 2004.