(1) In general The Secretary, acting through the Assistant Secretary for Grants and Planning, and in consultation with the Director for Emergency Communications, may prohibit any State, local, or tribal government from using homeland security assistance administered by the Department to achieve, maintain, or enhance emergency communications capabilities, if
(A) such government has not complied with the requirement to submit a Statewide Interoperable Communications Plan as required by section
194 (f) of this title;
(B) such government has proposed to upgrade or purchase new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards and has not provided a reasonable explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards; and
(C) as of the date that is 3 years after the date of the completion of the initial National Emergency Communications Plan under section
572 of this title, national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated.