6 U.S. Code § 579 - Interoperable Emergency Communications Grant Program
The Secretary shall establish the Interoperable Emergency Communications Grant Program to make grants to States to carry out initiatives to improve local, tribal, statewide, regional, national and, where appropriate, international interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters.
The 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 Office of Emergency Communications under this subchapter, including ensuring that activities funded by the grant—
(2) comply with the National Emergency Communications Plan under section 572 of this title, when completed.
(1) In general
The Administrator of the Federal Emergency Management Agency shall administer the Interoperable Emergency Communications Grant Program pursuant to the responsibilities and authorities of the Administrator under subchapter V.
(d) Use of funds
A State that receives a grant under this section 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 activities determined by the Secretary to be integral to interoperable emergency communications.
(e) Approval of plans
(1) Approval as condition of grant
(2) Plan requirements
In approving a plan under this subsection, the Director of Emergency Communications shall ensure that the plan—
(A) is designed to improve interoperability at the city, county, regional, State and interstate level;
(C) complies, to the maximum extent practicable, with the National Emergency Communications Plan under section 572 of this title.
(f) Limitations on uses of funds
(1) In general
The recipient of a grant under this section may not use the grant—
(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 Secretary completes and submits to Congress the National Emergency Communications Plan required under section 572 of this title.
(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;
(i) Opportunity to amend applications
In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.
(j) Minimum grant amounts
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:
(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 section for that fiscal year.
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 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—
(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
(2) Allocation of funds
A State that receives a grant under this section shall allocate grant funds to tribal governments in the State to assist tribal communities in improving interoperable communications, in a manner consistent with the Statewide Interoperable Communications Plan. A State may not impose unreasonable or unduly burdensome requirements on a tribal government as a condition of providing grant funds or resources to the tribal government.
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.
(1) Annual reports by State grant recipients
A State that receives a grant under this section shall annually submit to the Director of Emergency Communications a report on the progress of the State in implementing that State’s Statewide Interoperable Communications Plans required under section 194 (f) of this title and achieving interoperability at the city, county, regional, State, and interstate levels. The Director shall make the reports publicly available, including by making them available on the Internet website of the Office of Emergency Communications, subject to any redactions that the Director determines are necessary to protect classified or other sensitive information.
(2) Annual reports to Congress
At least once each year, the Director of Emergency Communications shall submit to Congress a report on the use of grants awarded under this section and any progress in implementing Statewide Interoperable Communications Plans and improving interoperability 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.