6 U.S.C. § 571

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 571 - Emergency Communications Division

(a) In general

There is established in the Department an Emergency Communications Division. The Division shall be located in the Cybersecurity and Infrastructure Security Agency.

(b) Executive Assistant Director

The head of the Division shall be the Executive Assistant Director for Emergency Communications (in this section referred to as the "Executive Assistant Director"). The Executive Assistant 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 section 194(a)(1) of this title, except as provided in section 195 of this title;

(2) administer the Department's responsibilities and authorities relating to the SAFECOM Program, excluding elements related to research, development, testing, and evaluation and standards;

(3) administer the Department's responsibilities and authorities relating to the Integrated Wireless Network program;

(4) conduct extensive, nationwide outreach 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;

(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, regional, local, and tribal government officials with respect to use of interoperable emergency communications capabilities;

(7) coordinate with the Regional Administrators regarding the activities of Regional Emergency Communications Coordination Working Groups under section 575 of this title;

(8) promote the development of standard operating procedures and best practices with respect to use of interoperable emergency communications capabilities for incident response, and facilitate the sharing of information on such best practices for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response;

(9) coordinate, in cooperation with the National Communications System, the establishment of a national response capability with initial and ongoing planning, implementation, and training for the deployment of communications equipment for relevant State, local, and tribal governments and emergency response providers in the event of a catastrophic loss of local and regional emergency communications services;

(10) assist the President, the National Security Council, the Homeland Security Council, and the Director of the Office of Management and Budget in ensuring the continued operation of the telecommunications functions and responsibilities of the Federal Government, excluding spectrum management;

(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;

(15) perform other duties of the Department necessary to achieve the goal of and maintain and enhance interoperable emergency communications capabilities; and

(16) fully participate in the mechanisms required under section 652(c)(7) of this title.

(d) Performance of previously transferred functions

The Secretary shall transfer to, and administer through, the Executive Assistant Director 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 Executive Assistant Director 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 Secretary 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.

(g) Reference

Any reference to the Assistant 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 Executive Assistant Director for Emergency Communications.

6 U.S.C. § 571

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 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

CODIFICATIONAnother section 1801 of Pub. L. 107-296 was renumbered section 1901 and is classified to section 591 of this title.

AMENDMENTS2022-Subsec. (b). Pub. L. 117-263 substituted "Director of the Cybersecurity and Infrastructure Security Agency" for "Director of Cybersecurity and Infrastructure 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 "Executive Assistant Director for Emergency Communications (in this section referred to as the 'Executive Assistant Director')." for "Assistant Director for Emergency Communications." and "Executive Assistant Director" 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 provisions.Subsec. (d). Pub. L. 116-283, §9001(e)(1)(C), substituted "Executive Assistant Director" for "Assistant Director for Emergency Communications" in introductory provisions.Subsec. (e). Pub. L. 116-283, §9001(e)(1)(D), substituted "Executive Assistant Director" for "Assistant Director for Emergency Communications" in introductory provisions.Subsec. (g). Pub. L. 116-283, §9001(e)(1)(E), added subsec. (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 Infrastructure 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 report 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 provisions.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, provided 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 Division; 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 Emergency 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 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."

RULE OF CONSTRUCTIONNothing 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 section 650 of this title.

CONTINUATION IN OFFICE Pub. L. 116-283 title XC, §9001(e)(2), Jan. 1, 2021, 134 Stat. 4768, provided that: "The individual serving as the Assistant Director for Emergency Communications 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 AUTHORIZED TO SERVE AS ASSISTANT DIRECTOR OF EMERGENCY 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 enactment of this Act [Nov. 16, 2018] may continue to serve as the Assistant Director for Emergency Communications of the Department on and after such date."

Department: The term "Department" means the Department of Homeland Security.
Secretary: The term "Secretary" means the Secretary of Homeland Security.
State: The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
emergency response providers: The term "emergency response providers" includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
functions: The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
personnel: The term "personnel" means officers and employees.
terrorism: The term "terrorism" means any activity that-(A) involves an act that-(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and(B) appears to be intended-(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
Administrator: the term "Administrator" means the Administrator of the Agency;
Agency: the term "Agency" means the Federal Emergency Management Agency;
emergency management: the term "emergency management" means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters;
tribal government: the term "tribal government" means the government of an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.1 See References in Text note below.