6 Usc 572

§ 572

TITLE 6—DOMESTIC SECURITY

(11) establish, in coordination with the Director 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, technology, or system;
(12) review, in consultation with the Assistant Secretary for Grants and Training, all
interoperable
emergency
communications
plans of Federal, State, local, and tribal governments, including Statewide and tactical
interoperability plans, developed pursuant to
homeland security assistance administered by
the Department, but excluding spectrum allocation and management related to such plans;
(13) develop and update periodically, as appropriate, a National Emergency Communications Plan under section 572 of this title;
(14) perform such other duties of the Department 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 disasters; and
(15) perform other duties of the Department
necessary to achieve the goal of and maintain
and enhance interoperable emergency communications capabilities.
(d) Performance of previously transferred functions
The Secretary shall transfer to, and administer through, the Director for Emergency Communications the following programs and responsibilities:
(1) The SAFECOM Program, excluding elements related to research, development, testing, and evaluation and standards.
(2) The responsibilities of the Chief Information Officer related to the implementation of
the Integrated Wireless Network.
(3) The Interoperable Communications Technical Assistance Program.
(e) Coordination
The Director for Emergency Communications
shall coordinate—
(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 subchapter.
(f) Sufficiency of resources plan
(1) Report
Not later than 120 days after October 4, 2006,
the Secretary shall submit to Congress a report 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-

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retary under paragraph (1). Not later than 60
days after the date on which such report is
submitted, the Comptroller General shall submit to Congress a report containing the findings of such review.
(Pub. L. 107–296, title XVIII, § 1801, as added Pub.
L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat.
1433.)
CODIFICATION
Another section 1801 of Pub. L. 107–296 is classified to
section 591 of this title.
CHANGE OF NAME
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 Emergency Management Agency until Mar. 31, 2007, see section 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 liability of the Federal Emergency Management Agency as
constituted on June 1, 2006.’’

§ 572. National Emergency Communications Plan
(a) In general
The Secretary, acting through the Director for
Emergency Communications, and in cooperation
with the Department of National Communications System (as appropriate), shall, in cooperation with State, local, and tribal governments,
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 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
(2) ensure, accelerate, and attain interoperable emergency communications nationwide.
(b) Coordination
The Emergency Communications Preparedness
Center under section 576 of this title shall coordinate 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 Communications 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

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TITLE 6—DOMESTIC SECURITY

safety agencies of interoperable emergency
communications equipment and technologies;
(2) identify the appropriate capabilities necessary 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 disasters;
(3) identify the appropriate interoperable
emergency communications capabilities necessary for Federal, State, local, and tribal governments in the event of natural disasters,
acts of terrorism, and other man-made disasters;
(4) recommend both short-term and longterm 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 longterm solutions for deploying interoperable
emergency communications systems for Federal, State, local, and tribal governments
throughout the Nation, including through the
provision of existing and emerging technologies;
(6) identify how Federal departments and
agencies that respond to natural disasters,
acts of terrorism, and other man-made disasters can work effectively with State, local,
and tribal governments, in all States, and with
other entities;
(7) identify obstacles to deploying interoperable emergency communications capabilities
nationwide and recommend short-term and
long-term measures to overcome those obstacles, including recommendations for multijurisdictional 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 existing equipment across the United States and
develop a timetable for the deployment of
interoperable emergency communications systems nationwide; and
(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 terrorism, or other man-made disasters.
(Pub. L. 107–296, title XVIII, § 1802, as added Pub.
L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat.
1435.)
CODIFICATION
Another section 1802 of Pub. L. 107–296 is classified to
section 592 of this title.

§ 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 Secretary, acting through the Director for Emergency Communications, shall conduct an assessment of Federal, State, local, and tribal governments that—
(1) defines the range of capabilities needed
by emergency response providers and relevant

§ 573

government officials to continue to communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters;
(2) defines the range of interoperable emergency communications capabilities needed for
specific events;
(3) assesses the current available capabilities
to meet such communications needs;
(4) identifies the gap between such current
capabilities and defined requirements; and
(5) includes a national interoperable emergency communications inventory to be completed by the Secretary of Homeland Security,
the Secretary of Commerce, and the Chairman
of the Federal Communications Commission
that—
(A) identifies for each Federal department
and agency—
(i) the channels and frequencies used;
(ii) the nomenclature used to refer to
each channel or frequency used; and
(iii) the types of communications systems and equipment used; and
(B) identifies the interoperable emergency
communications systems in use by public
safety agencies in the United States.
(b) Classified annex
The baseline assessment under this section
may include a classified annex including information provided under subsection (a)(5)(A).
(c) Savings clause
In conducting the baseline assessment under
this section, the Secretary may incorporate
findings from assessments conducted before, or
ongoing on, October 4, 2006.
(d) Progress reports
Not later than one year after October 4, 2006,
and biennially thereafter, the Secretary, acting
through the Director for Emergency Communications, shall submit to Congress a report on
the progress of the Department in achieving the
goals of, and carrying out its responsibilities
under, this subchapter, including—
(1) a description of the findings of the most
recent baseline assessment conducted under
subsection (a);
(2) a determination of the degree to which
interoperable emergency communications capabilities have been attained to date and the
gaps that remain for interoperability to be
achieved;
(3) an evaluation of the ability to continue
to communicate and to provide and maintain
interoperable emergency communications by
emergency managers, emergency response providers, and relevant government officials in
the event of—
(A) natural disasters, acts of terrorism, or
other man-made disasters, including Incidents of National Significance declared by
the Secretary under the National Response
Plan; and
(B) a catastrophic loss of local and regional communications services;
(4) a list of best practices relating to the
ability to continue to communicate and to
provide and maintain interoperable emergency
communications in the event of natural disas-