U.s.c 573

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§ 573

TITLE 6—DOMESTIC SECURITY

dinate the development of the Federal aspects of
the National Emergency Communications Plan.
(c) Contents

tional interoperable communications, as that
term is defined under section 194(g)(1) of this
title.

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
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;
(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; and
(10) set a date, including interim benchmarks, as appropriate, by which State, local,
and tribal governments, Federal departments
and agencies, and emergency response providers expect to achieve a baseline level of na-

(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.)
CODIFICATION
Another section 1802 of Pub. L. 107–296 was renumbered section 1902 and is classified to section 592 of this
title.
AMENDMENTS
2007—Subsec. (c)(10). Pub. L. 110–53 added par. (10).

§ 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
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—

§ 574

TITLE 6—DOMESTIC SECURITY

(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 disasters, acts of terrorism, or other man-made disasters; and
(A) 1 an evaluation of the feasibility and
desirability of the Department developing,
on its own or in conjunction with the Department of Defense, a mobile communications capability, modeled on the Army Signal Corps, that could be deployed to support
emergency communications at the site of
natural disasters, acts of terrorism, or other
man-made disasters.
(Pub. L. 107–296, title XVIII, § 1803, as added Pub.
L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat.
1437.)
CODIFICATION
Another section 1803 of Pub. L. 107–296 was renumbered section 1903 and is classified to section 593 of this
title.

§ 574. Coordination of Department emergency
communications grant programs
(a) Coordination of grants and standards programs
The Secretary, acting through the Director for
Emergency Communications, shall ensure that
grant guidelines for the use of homeland security assistance administered by the Department
relating to interoperable emergency communications are coordinated and consistent with
the goals and recommendations in the National
Emergency Communications Plan under section
572 of this title.
(b) Denial of eligibility for grants
(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—
1 So

in original. Probably should be ‘‘(5)’’.

Page 196

(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.
(2) Standards
The Secretary, in coordination with the Federal Communications Commission, the National Institute of Standards and Technology,
and other Federal departments and agencies
with responsibility for standards, shall support the development, promulgation, and updating as necessary of national voluntary consensus standards for interoperable emergency
communications.
(Pub. L. 107–296, title XVIII, § 1804, as added Pub.
L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat.
1438.)
CODIFICATION
Another section 1804 of Pub. L. 107–296 was renumbered section 1904 and is classified to section 594 of this
title.

§ 575. Regional emergency communications coordination
(a) In general
There is established in each Regional Office a
Regional Emergency Communications Coordination Working Group (in this section referred to
as an ‘‘RECC Working Group’’). Each RECC
Working Group shall report to the relevant Regional Administrator and coordinate its activities with the relevant Regional Advisory Council.
(b) Membership
Each RECC Working Group shall consist of the
following:
(1) Non-Federal
Organizations representing the interests of
the following:
(A) State officials.
(B) Local government officials, including
sheriffs.
(C) State police departments.
(D) Local police departments.
(E) Local fire departments.
(F) Public safety answering points (9–1–1
services).
(G) State emergency managers, homeland
security directors, or representatives of
State Administrative Agencies.
(H) Local emergency managers or homeland security directors.