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.
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.
“(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:
“SEC. 2. DEFINITIONS.“In this Act—
“(1)
the term ‘
Department’ means the
Department of Homeland Security;
“(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.
“(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:
“(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.
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—
“(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.