6 U.S.C. § 571 — Emergency Communications Division

Page 283 TITLE 6—DOMESTIC SECURITY § 571 § 571. Emergency Communications Division (a) In general There is established in the Department an Emergency Communications Division. The Divi- sion shall be located in the Cybersecurity and Infrastructure Security Agency. (b) Executive Assistant Director The head of the Division shall be the Execu- tive Assistant Director for Emergency Commu- nications (in this section referred to as the ‘‘Ex- ecutive Assistant Director’’). The Executive As- sistant Director shall report to the Director of the Cybersecurity and Infrastructure Security Agency. All decisions of the Executive Assistant Director that entail the exercise of significant authority shall be subject to the approval of the Director of the Cybersecurity and Infrastructure Security Agency. (c) Responsibilities The Executive Assistant Director shall— (1) assist the Secretary in developing and implementing the program described in sec- tion 194(a)(1) of this title, except as provided in section 195 of this title; (2) administer the Department’s responsibil- ities and authorities relating to the SAFECOM Program, excluding elements re- lated to research, development, testing, and evaluation and standards; (3) administer the Department’s responsibil- ities and authorities relating to the Integrated Wireless Network program; (4) conduct extensive, nationwide outreach to 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; (5) conduct extensive, nationwide outreach and foster the development of interoperable emergency communications capabilities by State, regional, local, and tribal governments and public safety agencies, and by regional consortia thereof; (6) provide technical assistance to State, re- gional, local, and tribal government officials with respect to use of interoperable emergency communications capabilities; (7) coordinate with the Regional Administra- tors regarding the activities of Regional Emergency Communications Coordination Working Groups under section 575 of this title; (8) promote the development of standard op- erating procedures and best practices with re- spect to use of interoperable emergency com- munications capabilities for incident response, and facilitate the sharing of information on such best practices for achieving, maintaining, and enhancing interoperable emergency com- munications capabilities for such response; (9) coordinate, in cooperation with the Na- tional Communications System, the establish- ment of a national response capability with initial and ongoing planning, implementation, and training for the deployment of commu- nications equipment for relevant State, local, and tribal governments and emergency re- sponse providers in the event of a catastrophic loss of local and regional emergency commu- nications services; (10) assist the President, the National Secu- rity Council, the Homeland Security Council, and the Director of the Office of Management and Budget in ensuring the continued oper- ation of the telecommunications functions and responsibilities of the Federal Government, excluding spectrum management; (11) establish, in coordination with the Di- rector of the Office for Interoperability and Compatibility, requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the Department, excluding any alert and warning device, tech- nology, or system; (12) review, in consultation with the Assist- ant Secretary for Grants and Training, all interoperable emergency communications plans of Federal, State, local, and tribal gov- ernments, including Statewide and tactical interoperability plans, developed pursuant to homeland security assistance administered by the Department, but excluding spectrum allo- cation and management related to such plans; (13) develop and update periodically, as ap- propriate, a National Emergency Communica- tions Plan under section 572 of this title; (14) perform such other duties of the Depart- ment necessary to support and promote 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 disas- ters; (15) perform other duties of the Department necessary to achieve the goal of and maintain and enhance interoperable emergency commu- nications capabilities; and (16) fully participate in the mechanisms re- quired under section 652(c)(7) of this title. (d) Performance of previously transferred func- tions The Secretary shall transfer to, and admin- ister through, the Executive Assistant Director the following programs and responsibilities: (1) The SAFECOM Program, excluding ele- ments related to research, development, test- ing, and evaluation and standards. (2) The responsibilities of the Chief Informa- tion Officer related to the implementation of the Integrated Wireless Network. (3) The Interoperable Communications Tech- nical Assistance Program. (e) Coordination The Executive Assistant Director shall coordi- nate— (1) as appropriate, with the Director of the Office for Interoperability and Compatibility with respect to the responsibilities described in section 195 of this title; and (2) with the Administrator of the Federal Emergency Management Agency with respect to the responsibilities described in this sub- chapter. (f) Sufficiency of resources plan (1) Report Not later than 120 days after October 4, 2006, the Secretary shall submit to Congress a re- 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