Public law 110-53, Section 301

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PUBLIC LAW nO-53-AUG. 3, 2007

IMPLEMENTING RECOMMENDATIONS OF THE

9/11 COMMISSION ACT OF 2007

PUBLIC LAW 110-53-AUG. 3, 2007

121 STAT. 266

Public Law 110-53
110th Congress
An Act
Aug. 3, 2007
[RR. IJ
Implementing
Recommenda­
tions of the 9/11
Commission Act
of2007.
6 USC 101 note.

To provide for the implementation of the recommendations of the National Commis­
sion on Terrorist Attacks Upon the United States.

Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Implementing
Recommendations of the 9/11 Commission Act of 2007".
(b) TABLE OF CONTENTS.-The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I-HOMELAND SECURITY GRANTS
Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Refonn Act of
2006.
Sec. 104. Technical and confonning amendments.
TITLE II-EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Sec. 201. Emergency management perfonnance grant program.
Sec. 202. Grants for construction of emergency operations centers.

....

TITLE III-ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST
RESPONDERS
Sec. 301. Interoperable emergency communications grant program.
Sec. 302. Border interoperability demonstration project.
TITLE IV-STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM
Sec. 401. Definitions.
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen
incident command; private sector preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure workers.
Sec. 410. Authorization of appropriations.
TITLE V-IMPROVING INTELLIGENCE AND INFORMATION SYARING WITH­
IN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL
GOVERNMENTS
Sec.
Sec.
Sec.
Sec.

Subtitle A-Homeland Security Infonnation Sharing Enhancement
501. Homeland Security Advisory System and infonnation sharing.

502. Intelligence Component Defined.

503. Role of intelligence components, training, and information sharing.

504. Infonnation sharing.

121 STAT. 296

PUBLIC LAW 110-53-AUG. 3, 2007

TITLE
III-ENSURING
COMMUNICA­
TIONS INTEROPERABILITY FOR FIRST
RESPONDERS
SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT
PROGRAM.

(a) ESTABLISHMENT.-Title XVIII of the Homeland Security Act
of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end
the following new section:
6

USC 579.

"SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT
PROGRAM.

"(a) ESTABLISHMENT.-The Secretary shall establish the Inter­
operable 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 communica­
tions 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 respon­
sibilities and authorities of the Office of Emergency Communica­
tions under this title, 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 Emer­
gency Management Agency shall administer the Interoperable
Emergency Communications Grant Program pursuant to the
responsibilities and authorities of the Administrator under title
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 Intel­
ligence 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 Intel­
ligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f)) and approved under subsection (e), and to assist with activi­
ties 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 Emer­
gency Communications shall approve the State's Statewide
Interoperable Communications Plan required under section

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 297

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 sec­
tion 1802.
"(3) APPROVAL OF REVlSIONS.-The Director of Emergency
Communications may approve revisions to a State's plan if

the Director determines that doing so is likely to further inter­

operability.

"(f) LIMITATIONS ON USES OF FUNDS.­
"(1) IN GENERAL.-The recipient of a grant under this sec­
tion 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 con­
sequences related to critical infrastructure (from all critical
infrastructure sectors) or key resources identified by the
Administrator or the State homeland security and emer­
gency
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 popu­
lation of the State, including appropriate consideration of
military, tourist, and commuter populations;
"(D) whether the State is on or near an international
border;

121 STAT. 298

Deadline.

PUBLIC LAW 110-53-AUG. 3, 2007

"(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.-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 At\10UNTS.­
"( 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.
"(1) STATE RESPONSIBILITIES.­
"(1) AVAILABILITY OF FUNDS TO LOCAL AND TRIBAL GOVERN­
MENTS.-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 ofthe grant; or
"(C) grant funds combined with other eligible expendi­
tures 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 govern­
ments 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 require­
ments 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

PUBLIC LAW 110-53-AUG. 3,2007

121 STAT. 299

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 Public
Director shall make the reports publicly available, including information.
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 Inter­

operable 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 Pro­
tocol-based interoperable solutions.
"(0) AUTHORIZATION OF APPROPRlATIONS.-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.".

(b) CLERICAL AMENDMENT.-The table of contents in section
l(b) of such Act is amended by inserting after the item relating
to section 1808 the following:
"Sec. 1809. Interoperable Emergency Communications Grant Program.".
(C) INTEROPERABLE COMMUNICATIONS PLANs.-Section 7303 of
the Intelligence Reform and Terrorist Prevention Act of 2004 (6
U.S.C. 194) is amended­
(1) in subsection (f)­
(A) in paragraph (4), by striking "and" at the end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
"(6) include information on the governance structure used

to develop the plan, including such information about all agen­

cies and organizations that participated in developing the plan

and the scope and timeframe of the plan; and

"(7) describe the method by which multi-jurisdictional,

multidisciplinary input is provided from all regions of the juris­

diction, including any high-threat urban areas located in the

121 STAT. 300

6 USC 572.

PUBLIC LAW 110-53-AUG. 3, 2007

jurisdiction, and the process for continuing to incorporate such
input.";
(2) in subsection (g)( 1), by striking "or video" and inserting
"and video".
(d) NATIONAL EMERGENCY COMMUNICATIONS PLAN.-Section
1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c))
is amended­
(1) in paragraph (8), by striking "and" at the end;
(2) in paragraph (9), by striking the period at the end
and inserting "; and"; and
(3) by adding at the end the following:
"( 10) set a date, including interim benchmar s, as appro­
priate, by which State, local, and tribal governments, Federal
departments and agencies, and emergency respo se providers
expect to achieve a baseline level of national interoperable
communications, as that term is defined under section
7303(g)(l) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(g)(l».".
SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

(a) IN GENERAL.-Title XVIII of the Homeland Security Act
of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end
the following new section:
6 USC 580.

Canada.
Mexico.

"SEC. 1810. 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 Commu­
nity 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 participate in
a demonstration project.
"(3) LOCATION OF COMMUNITIES.-No fewer than 3 of the
communities selected under paragraph (2) shall e located on
the northern border of the United States and no fewer than
3 of the communities selected under paragraph (2) shall be
loca ted on the southern border of the U ni ted Sta tes.
"(b) CONDITIONS.-The Director, in coordination with the Fed­
eral 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
circumstances shall funds be distributed under this section unless
the Federal Communications Commission and the Secretary of Com­
merce agree that these conditions have been met.
"(c) PROGRAM REQUIREMENTS.-Consistent with the responsibil­
ities 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 Mexi­
can authorities in the communities selected for the demonstration
project. The Director shall­