6 U.S.C. § 572 — National Emergency Communications Plan

Page 284 TITLE 6—DOMESTIC SECURITY § 572 port on the resources and staff necessary to carry out fully the responsibilities under this subchapter. (2) Comptroller General review The Comptroller General shall review the validity of the report submitted by the Sec- retary under paragraph (1). Not later than 60 days after the date on which such report is submitted, the Comptroller General shall sub- mit to Congress a report containing the find- ings of such review. (g) Reference Any reference to the Assistant Director for Emergency Communications in any law, regula- tion, map, document, record, or other paper of the United States shall be deemed to be a ref- erence to the Executive Assistant Director for Emergency Communications. (Pub. L. 107–296, title XVIII, § 1801, as added Pub. L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat. 1433; amended Pub. L. 115–278, § 2(g)(6)(A), Nov. 16, 2018, 132 Stat. 4179; Pub. L. 116–283, div. H, title XC, § 9001(e)(1), Jan. 1, 2021, 134 Stat. 4767; Pub. L. 117–263, div. G, title LXXI, § 7143(c)(3), Dec. 23, 2022, 136 Stat. 3662.) Editorial Notes CODIFICATION Another section 1801 of Pub. L. 107–296 was renum- bered section 1901 and is classified to section 591 of this title. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 substituted ‘‘Direc- tor of the Cybersecurity and Infrastructure Security Agency’’ for ‘‘Director of Cybersecurity and Infrastruc- ture Security’’ in two places. 2021—Subsec. (b). Pub. L. 116–283, § 9001(e)(1)(A), in heading, substituted ‘‘Executive Assistant Director’’ for ‘‘Assistant Director’’ and, in text, substituted ‘‘Ex- ecutive Assistant Director for Emergency Communica- tions (in this section referred to as the ‘Executive As- sistant Director’).’’ for ‘‘Assistant Director for Emer- gency Communications.’’ and ‘‘Executive Assistant Di- rector’’ for ‘‘Assistant Director’’ in two places. Subsec. (c). Pub. L. 116–283, § 9001(e)(1)(B), substituted ‘‘Executive Assistant Director’’ for ‘‘Assistant Director for Emergency Communications’’ in introductory pro- visions. Subsec. (d). Pub. L. 116–283, § 9001(e)(1)(C), substituted ‘‘Executive Assistant Director’’ for ‘‘Assistant Director for Emergency Communications’’ in introductory pro- visions. Subsec. (e). Pub. L. 116–283, § 9001(e)(1)(D), substituted ‘‘Executive Assistant Director’’ for ‘‘Assistant Director for Emergency Communications’’ in introductory pro- visions. Subsec. (g). Pub. L. 116–283, § 9001(e)(1)(E), added sub- sec. (g). 2018—Pub. L. 115–278, § 2(g)(6)(A)(i), substituted ‘‘Emergency Communications Division’’ for ‘‘Office of Emergency Communications’’ in section catchline. Subsec. (a). Pub. L. 115–278, § 2(g)(6)(A)(ii), substituted ‘‘Emergency Communications Division’’ for ‘‘Office of Emergency Communications’’ and inserted at end ‘‘The Division shall be located in the Cybersecurity and In- frastructure Security Agency.’’ Subsec. (b). Pub. L. 115–278, § 2(g)(6)(A)(iii), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘The head of the office shall be the Director for Emergency Communications. The Director shall re- port to the Assistant Secretary for Cybersecurity and Communications.’’ Subsec. (c). Pub. L. 115–278, § 2(g)(6)(A)(iv)(I), inserted ‘‘Assistant’’ before ‘‘Director’’ in introductory provi- sions. Subsec. (c)(16). Pub. L. 115–278, § 2(g)(6)(A)(iv)(II)–(IV), added par. (16). Subsecs. (d), (e). Pub. L. 115–278, § 2(g)(6)(A)(v), (vi), inserted ‘‘Assistant’’ before ‘‘Director’’ in introductory provisions. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 115–278, § 2(c), Nov. 16, 2018, 132 Stat. 4175, pro- vided that: ‘‘Any reference to— ‘‘(1) the Office of Emergency Communications in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Emergency Communications Divi- sion; and ‘‘(2) the Director for Emergency Communications in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Director for Emer- gency Communications.’’ Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title. SAVINGS CLAUSE Pub. L. 109–295, title VI, § 675, Oct. 4, 2006, 120 Stat. 1444, provided that: ‘‘Nothing in this subtitle [subtitle D (§§ 671–675) of title VI of Pub. L. 109–295, enacting this subchapter and sections 195 and 195a of this title and provisions set out as a note under section 101 of this title] shall be construed to transfer to the Office of Emergency Communications any function, personnel, asset, component, authority, grant program, or liabil- ity of the Federal Emergency Management Agency as constituted on June 1, 2006.’’ RULE OF CONSTRUCTION Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out as a note under sec- tion 650 of this title. CONTINUATION IN OFFICE Pub. L. 116–283, div. H, title XC, § 9001(e)(2), Jan. 1, 2021, 134 Stat. 4768, provided that: ‘‘The individual serv- ing as the Assistant Director for Emergency Commu- nications of the Department of Homeland Security on the day before the date of enactment of this Act [Jan. 1, 2021] may serve as the Executive Assistant Director for Emergency Communications on and after that date.’’ DIRECTOR FOR EMERGENCY COMMUNICATIONS AUTHOR- IZED TO SERVE AS ASSISTANT DIRECTOR OF EMER- GENCY COMMUNICATIONS Pub. L. 115–278, § 2(b)(2), Nov. 16, 2018, 132 Stat. 4175, provided that: ‘‘The individual serving as the Director for Emergency Communications of the Department of Homeland Security on the day before the date of enact- ment of this Act [Nov. 16, 2018] may continue to serve as the Assistant Director for Emergency Communica- tions of the Department on and after such date.’’ § 572. National Emergency Communications Plan (a) In general The Secretary, acting through the Assistant Director for Emergency Communications, and in Page 285 TITLE 6—DOMESTIC SECURITY § 573 cooperation with the Department of National Communications System (as appropriate), shall, in cooperation with State, local, and tribal gov- ernments, Federal departments and agencies, emergency response providers, and the private sector, develop not later than 180 days after the completion of the baseline assessment under section 573 of this title, and periodically update, a National Emergency Communications Plan to provide recommendations regarding how the United States should— (1) support and promote the ability of emer- gency response providers and relevant govern- ment officials to continue to communicate in the event of natural disasters, acts of ter- rorism, and other man-made disasters; and (2) ensure, accelerate, and attain interoper- able emergency communications nationwide. (b) Coordination The Emergency Communications Preparedness Center under section 576 of this title shall co- ordinate the development of the Federal aspects of the National Emergency Communications Plan. (c) Contents The National Emergency Communications Plan shall— (1) include recommendations developed in consultation with the Federal Communica- tions Commission and the National Institute of Standards and Technology for a process for expediting national voluntary consensus standards for emergency communications equipment for the purchase and use by public safety agencies of interoperable emergency communications equipment and technologies; (2) identify the appropriate capabilities nec- essary for emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disas- ters; (3) identify the appropriate interoperable emergency communications capabilities nec- essary for Federal, State, local, and tribal gov- ernments in the event of natural disasters, acts of terrorism, and other man-made disas- ters; (4) recommend both short-term and long- term solutions for ensuring that emergency response providers and relevant government officials can continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; (5) recommend both short-term and long- term solutions for deploying interoperable emergency communications systems for Fed- eral, State, local, and tribal governments throughout the Nation, including through the provision of existing and emerging tech- nologies; (6) identify how Federal departments and agencies that respond to natural disasters, acts of terrorism, and other man-made disas- ters can work effectively with State, local, and tribal governments, in all States, and with other entities; (7) identify obstacles to deploying interoper- able emergency communications capabilities nationwide and recommend short-term and long-term measures to overcome those obsta- cles, including recommendations for multi- jurisdictional coordination among Federal, State, local, and tribal governments; (8) recommend goals and timeframes for the deployment of emergency, command-level communications systems based on new and ex- isting equipment across the United States and develop a timetable for the deployment of interoperable emergency communications sys- tems nationwide; (9) recommend appropriate measures that emergency response providers should employ to ensure the continued operation of relevant governmental communications infrastructure in the event of natural disasters, acts of ter- rorism, or other man-made disasters; and (10) set a date, including interim bench- marks, as appropriate, by which State, local, and tribal governments, Federal departments and agencies, and emergency response pro- viders expect to achieve a baseline level of na- tional interoperable communications, as that term is defined under section 194(g)(1) of this title. (Pub. L. 107–296, title XVIII, § 1802, as added Pub. L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat. 1435; amended Pub. L. 110–53, title III, § 301(d), Aug. 3, 2007, 121 Stat. 300; Pub. L. 115–278, § 2(g)(6)(B), Nov. 16, 2018, 132 Stat. 4179.) Editorial Notes CODIFICATION Another section 1802 of Pub. L. 107–296 was renum- bered section 1902 and is classified to section 592 of this title. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–278 substituted ‘‘Assist- ant Director for Emergency Communications’’ for ‘‘Di- rector for Emergency Communications’’ in introduc- tory provisions. 2007—Subsec. (c)(10). Pub. L. 110–53 added par. (10). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Assistant Director for Emergency Communications deemed to be a reference to the Exec- utive Assistant Director for Emergency Communica- tions, see section 571(g) of this title, enacted Jan. 1, 2021. § 573. Assessments and reports (a) Baseline assessment Not later than 1 year after October 4, 2006, and not less than every 5 years thereafter, the Sec- retary, acting through the Assistant Director for Emergency Communications, shall conduct an assessment of Federal, State, local, and trib- al governments that— (1) defines the range of capabilities needed by emergency response providers and relevant government officials to continue to commu- nicate in the event of natural disasters, acts of terrorism, and other man-made disasters; (2) defines the range of interoperable emer- gency communications capabilities needed for specific events; (3) assesses the current available capabilities to meet such communications needs;