6 USC 579 - Interoperable Emergency Communications Grant Program

The Assistant Director for Emergency Communications shall ensure that a grant awarded to a State under this section is consistent with the policies established pursuant to the responsibilities and authorities of the Emergency Communications Division under this subchapter, including 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

(2)

Guidance

(d)

Use of funds

(e)

Approval of plans

(1)

Approval as condition of grant

(2)

Plan requirements

In approving a plan under this subsection, the Assistant Director for Emergency Communications 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 regional plan; and

(C)

complies, to the maximum extent practicable, with the National Emergency Communications Plan under section 572 of this title.

(3)

Approval of revisions

(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

(g)

Limitations on award of grants

(1)

National emergency communications plan required

(2)

Voluntary consensus standards

(h)

Award of grants

In approving applications and awarding grants under this section, the Secretary shall consider—

(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 infrastructure (from all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security and emergency management plans, including threats to, vulnerabilities of, and consequences from damage to critical infrastructure and key resources in nearby jurisdictions;

(C)

the size of the population and density of the population of the State, including appropriate consideration of military, tourist, and commuter populations;

(D)

whether the State is on or near an international border;

(E)

whether the State encompasses an economically significant border crossing; and

(F)

whether the State has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters; and

(2)

the anticipated effectiveness of the State’s proposed use of grant funds to improve interoperability.

(i)

Opportunity to amend applications

(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 section 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 subsequent fiscal year, 0.35 percent.

(2)

Territories and possessions

(k)

Certification

(l)

State responsibilities

(1)

Availability of funds to local and tribal governments

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 eligible expenditures having a total value of not less than 80 percent of the amount of the grant.

(2)

Allocation of funds

(3)

Penalties

(m)

Reports

(1)

Annual reports by State grant recipients

(2)

Annual reports to Congress

(n)

Rule of construction

(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.)

cite as: 6 USC 579

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