Homeland Security Act of 2002 Part 24

(7) Hospitals.

(8) Public utility services.

(9) Emergency evacuation transit services.

(10) Ambulance services.

(11) HAM and amateur radio operators.

(12) Representatives from other private sector ent.i.ties and nongovernmental organizations as the Regional Administrator determines appropriate.

(d) Duties.--The duties of each RECC Working Group shall include-- (1) a.s.sessing the survivability, sustainability, and interoperability of local emergency communications systems to meet the goals of the National Emergency Communications Plan; (2) reporting annually to the relevant Regional Administrator, the Director for Emergency Communications, the Chairman of the Federal Communications Commission, and the a.s.sistant Secretary for Communications and Information of the Department of Commerce on the status of its region in building robust and sustainable interoperable voice and data emergency communications networks and, not later than 60 days after the completion of the initial National Emergency Communications Plan under section 1802, on the progress of the region in meeting the goals of such plan; (3) ensuring a process for the coordination of effective multijurisdictional, multi-agency emergency communications networks for use during natural disasters, acts of terrorism, and other man-made disasters through the expanded use of emergency management and public safety communications mutual aid agreements; and (4) coordinating the establishment of Federal, State, local, and tribal support services and networks designed to address the immediate and critical human needs in responding to natural disasters, acts of terrorism, and other man-made disasters.

SEC. 1806. [6 U.S.C. 576] EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

(a) Establishment.--There is established the Emergency Communications Preparedness Center (in this section referred to as the ''Center'').

(b) Operation.--The Secretary, the Chairman of the Federal Communications Commission, the Secretary of Defense, the Secretary of Commerce, the Attorney General of the United States, and the heads of other Federal departments and agencies or their designees shall jointly operate the Center in accordance with the Memorandum of Understanding ent.i.tled, ''Emergency Communications Preparedness Center (ECPC) Charter''.

(c) Functions.--The Center shall-- (1) serve as the focal point for interagency efforts and as a clearinghouse with respect to all relevant intergovernmental information to support and promote (including specifically by working to avoid duplication, hindrances, and counteractive efforts among the partic.i.p.ating Federal departments and agencies)-- (A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; and (B) interoperable emergency communications; (2) prepare and submit to Congress, on an annual basis, a strategic a.s.sessment regarding the coordination efforts of Federal departments and agencies to advance-- (A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; and (B) interoperable emergency communications; (3) consider, in preparing the strategic a.s.sessment under paragraph (2), the goals stated in the National Emergency Communications Plan under section 1802; and (4) perform such other functions as are provided in the Emergency Communications Preparedness Center (ECPC) Charter described in subsection (b)(1).

SEC. 1807. [6 U.S.C. 577] URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.

(a) In General.--The Secretary, in consultation with the Chairman of the Federal Communications Commission and the Secretary of Defense, and with appropriate State, local, and tribal government officials, shall provide technical guidance, training, and other a.s.sistance, as appropriate, to support the rapid establishment of consistent, secure, and effective interoperable emergency communications capabilities in the event of an emergency in urban and other areas determined by the Secretary to be at consistently high levels of risk from natural disasters, acts of terrorism, and other man-made disasters.

(b) Minimum Capabilities.--The interoperable emergency communications capabilities established under subsection (a) shall ensure the ability of all levels of government, emergency response providers, the private sector, and other organizations with emergency response capabilities-- (1) to communicate with each other in the event of an emergency; (2) to have appropriate and timely access to the Information Sharing Environment described in section 1016 of the National Security Intelligence Reform Act of 2004 (6 U.S.C. 321); and (3) to be consistent with any applicable State or Urban Area homeland strategy or plan.

SEC. 1808. [6 U.S.C. 578] DEFINITION.

In this t.i.tle, the term ''interoperable'' has the meaning given the term ''interoperable communications'' under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)).

SEC. 1809. [6 U.S.C. 579] INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.

(a) Establishment.--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.

(b) Policy.--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 t.i.tle, including ensuring that activities funded by the grant-- (1) comply with the statewide plan for that State required by section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); and (2) comply with the National Emergency Communications Plan under section 1802, when completed.

(c) Administration.-- (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 t.i.tle V of the Act.

(2) Guidance.--In administering the grant program, the Administrator shall ensure that the use of grants is consistent with guidance established by the Director of Emergency Communications pursuant to section 7303(a)(1)(H) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)).

(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 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)) and approved under subsection (e), and to a.s.sist with activities determined by the Secretary to be integral to interoperable emergency communications.

(e) Approval of Plans.-- (1) Approval as condition of grant.--Before a State may receive a grant under this section, the Director of Emergency Communications shall approve the State's Statewide Interoperable Communications Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).

(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; (B) considers any applicable local or regional plan; and (C) complies, to the maximum extent practicable, with the National Emergency Communications Plan under section 1802.

(3) Approval of revisions.--The Director of Emergency Communications may approve revisions to a State's plan if the Director determines that doing so is likely to further interoperability.

(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.--In addition to other remedies currently available, the Secretary may take such actions as necessary to ensure that recipients of grant funds are using the funds for the purpose for which they were intended.

(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 1802.

(2) Voluntary consensus standards.--The Secretary may not award a grant to a State under this section for the purchase of equipment that does not meet applicable voluntary consensus standards, unless the State demonstrates that there are compelling reasons for such purchase.

(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 encompa.s.ses 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 antic.i.p.ated effectiveness of the State's proposed use of grant funds to improve interoperability.

(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.-- (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.--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.

(k) Certification.--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-- (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.--A State that receives a grant under this section shall allocate grant funds to tribal governments in the State to a.s.sist 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.

(3) Penalties.--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.

(m) Reports.-- (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 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)) 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 cla.s.sified 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.

(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.

SEC. 1810. [6 U.S.C. 580] BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

(a) In General.-- (1) Establishment.--The Secretary, acting through the Director of the Office of Emergency Communications (referred to in this section as the ''Director''), and in coordination with the Federal Communications Commission and the Secretary of Commerce, shall establish an International Border Community Interoperable Communications Demonstration Project (referred to in this section as the ''demonstration project'').

(2) Minimum number of communities.--The Director shall select no fewer than 6 communities to partic.i.p.ate in a demonstration project.

(3) Location of communities.--No fewer than 3 of the communities selected under paragraph (2) shall be located on the northern border of the United States and no fewer than 3 of the communities selected under paragraph (2) shall be located on the southern border of the United States.

(b) Conditions.--The Director, in coordination with the Federal Communications Commission and the Secretary of Commerce, shall ensure that the project is carried out as soon as adequate spectrum is available as a result of the 800 megahertz rebanding process in border areas, and shall ensure that the border projects do not impair or impede the rebanding process, but under no circ.u.mstances shall funds be distributed under this section unless the Federal Communications Commission and the Secretary of Commerce agree that these conditions have been met.

(c) Program Requirements.--Consistent with the responsibilities of the Office of Emergency Communications under section 1801, the Director shall foster local, tribal, State, and Federal interoperable emergency communications, as well as interoperable emergency communications with appropriate Canadian and Mexican authorities in the communities selected for the demonstration project. The Director shall-- (1) identify solutions to facilitate interoperable communications across national borders expeditiously; (2) help ensure that emergency response providers can communicate with each other in the event of natural disasters, acts of terrorism, and other man-made disasters; (3) provide technical a.s.sistance to enable emergency response providers to deal with threats and contingencies in a variety of environments; (4) identify appropriate joint-use equipment to ensure communications access; (5) identify solutions to facilitate communications between emergency response providers in communities of differing population densities; and (6) take other actions or provide equipment as the Director deems appropriate to foster interoperable emergency communications.

(d) Distribution of Funds.-- (1) In general.--The Secretary shall distribute funds under this section to each community partic.i.p.ating in the demonstration project through the State, or States, in which each community is located.

(2) Other partic.i.p.ants.--A State shall make the funds available promptly to the local and tribal governments and emergency response providers selected by the Secretary to partic.i.p.ate in the demonstration project.

(3) Report.--Not later than 90 days after a State receives funds under this subsection the State shall report to the Director on the status of the distribution of such funds to local and tribal governments.

(e) Maximum Period of Grants.--The Director may not fund any partic.i.p.ant under the demonstration project for more than 3 years.

(f) Transfer of Information and Knowledge.--The Director shall establish mechanisms to ensure that the information and knowledge gained by partic.i.p.ants in the demonstration project are transferred among the partic.i.p.ants and to other interested parties, including other communities that submitted applications to the partic.i.p.ant in the project.

(g) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section such sums as may be necessary.

t.i.tLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

SEC. 1901. [6 U.S.C. 591] DOMESTIC NUCLEAR DETECTION OFFICE.

(a) Establishment.--There shall be established in the Department a Domestic Nuclear Detection Office (referred to in this t.i.tle as the ''Office''). The Secretary may request that the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, the Nuclear Regulatory Commission, and the directors of other Federal agencies, including elements of the Intelligence Community, provide for the reimbursable detail of personnel with relevant expertise to the Office.

(b) Director.--The Office shall be headed by a Director for Domestic Nuclear Detection, who shall be appointed by the President.

SEC. 1902. [6 U.S.C. 592] MISSION OF OFFICE.

(a) Mission.--The Office shall be responsible for coordinating Federal efforts to detect and protect against the unauthorized importation, possession, storage, transportation, development, or use of a nuclear explosive device, fissile material, or radiological material in the United States, and to protect against attack using such devices or materials against the people, territory, or interests of the United States and, to this end, shall-- (1) serve as the primary ent.i.ty of the United States Government to further develop, acquire, and support the deployment of an enhanced domestic system to detect and report on attempts to import, possess, store, transport, develop, or use an unauthorized nuclear explosive device, fissile material, or radiological material in the United States, and improve that system over time; (2) enhance and coordinate the nuclear detection efforts of Federal, State, local, and tribal governments and the private sector to ensure a managed, coordinated response; (3) establish, with the approval of the Secretary and in coordination with the Attorney General, the Secretary of Defense, and the Secretary of Energy, additional protocols and procedures for use within the United States to ensure that the detection of unauthorized nuclear explosive devices, fissile material, or radiological material is promptly reported to the Attorney General, the Secretary, the Secretary of Defense, the Secretary of Energy, and other appropriate officials or their respective designees for appropriate action by law enforcement, military, emergency response, or other authorities; (4) develop, with the approval of the Secretary and in coordination with the Attorney General, the Secretary of State, the Secretary of Defense, and the Secretary of Energy, an enhanced global nuclear detection architecture with implementation under which-- (A) the Office will be responsible for the implementation of the domestic portion of the global architecture; (B) the Secretary of Defense will retain responsibility for implementation of Department of Defense requirements within and outside the United States; and (C) the Secretary of State, the Secretary of Defense, and the Secretary of Energy will maintain their respective responsibilities for policy guidance and implementation of the portion of the global architecture outside the United States, which will be implemented consistent with applicable law and relevant international arrangements; (5) ensure that the expertise necessary to accurately interpret detection data is made available in a timely manner for all technology deployed by the Office to implement the global nuclear detection architecture; (6) conduct, support, coordinate, and encourage an aggressive, expedited, evolutionary, and transformational program of research and development to generate and improve technologies to detect and prevent the illicit entry, transport, a.s.sembly, or potential use within the United States of a nuclear explosive device or fissile or radiological material, and coordinate with the Under Secretary for Science and Technology on basic and advanced or transformational research and development efforts relevant to the mission of both organizations; (7) carry out a program to test and evaluate technology for detecting a nuclear explosive device and fissile or radiological material, in coordination with the Secretary of Defense and the Secretary of Energy, as appropriate, and establish performance metrics for evaluating the effectiveness of individual detectors and detection systems in detecting such devices or material-- (A) under realistic operational and environmental conditions; and (B) against realistic adversary tactics and countermeasures; (8) support and enhance the effective sharing and use of appropriate information generated by the intelligence community, law enforcement agencies, counterterrorism community, other government agencies, and foreign governments, as well as provide appropriate information to such ent.i.ties; (9) further enhance and maintain continuous awareness by a.n.a.lyzing information from all Office mission-related detection systems; and (10) perform other duties as a.s.signed by the Secretary.

SEC. 1903. [6 U.S.C. 593] HIRING AUTHORITY.

In hiring personnel for the Office, the Secretary shall have the hiring and management authorities provided in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments for employees under subsection (c)(1) of such section may not exceed 5 years before granting any extension under subsection (c)(2) of such section.

SEC. 1904. [6 U.S.C. 594] TESTING AUTHORITY.

(a) In General.--The Director shall coordinate with the responsible Federal agency or other ent.i.ty to facilitate the use by the Office, by its contractors, or by other persons or ent.i.ties, of existing Government laboratories, centers, ranges, or other testing facilities for the testing of materials, equipment, models, computer software, and other items as may be related to the missions identified in section 1902. Any such use of Government facilities shall be carried out in accordance with all applicable laws, regulations, and contractual provisions, including those governing security, safety, and environmental protection, including, when applicable, the provisions of section 309. The Office may direct that private sector ent.i.ties utilizing Government facilities in accordance with this section pay an appropriate fee to the agency that owns or operates those facilities to defray additional costs to the Government resulting from such use.

(b) Confidentiality of Test Results.--The results of tests performed with services made available shall be confidential and shall not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed.

(c) Fees.--Fees for services made available under this section shall not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing.

(d) Use of Fees.--Fees received for services made available under this section may be credited to the appropriation from which funds were expended to provide such services.

SEC. 1905. [6 U.S.C. 595] RELATIONSHIP TO OTHER DEPARTMENT ENt.i.tIES AND FEDERAL AGENCIES.

The authority of the Director under this t.i.tle shall not affect the authorities or responsibilities of any officer of the Department or of any officer of any other department or agency of the United States with respect to the command, control, or direction of the functions, personnel, funds, a.s.sets, and liabilities of any ent.i.ty within the Department or any Federal department or agency.

SEC. 1906. [6 U.S.C. 596] CONTRACTING AND GRANT MAKING AUTHORITIES.

The Secretary, acting through the Director for Domestic Nuclear Detection, in carrying out the responsibilities under paragraphs (6) and (7) of section 1902(a), shall-- (1) operate extramural and intramural programs and distribute funds through grants, cooperative agreements, and other transactions and contracts; (2) ensure that activities under paragraphs (6) and (7) of section 1902(a) include investigations of radiation detection equipment in configurations suitable for deployment at seaports, which may include underwater or water surface detection equipment and detection equipment that can be mounted on cranes and straddle cars used to move shipping containers; and (3) have the authority to establish or contract with 1 or more federally funded research and development centers to provide independent a.n.a.lysis of homeland security issues and carry out other responsibilities under this t.i.tle.

SEC. 1907. [6 U.S.C. 596A] JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR DETECTION ARCHITECTURE.