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6 U.S.C. § 104 — National biodefense strategy

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 104 — National biodefense strategy

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Stable record: federal_law:legal_authorities:usc2024-0a0d709279db6dfe02cbe754
Source file: Laws/federal/codes/united-states-code-2024/title-6/section-104-national-biodefense-strategy--882ba1c7db.md
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Source location: USCODE-2024-title6-chap1-sec104.pdf

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Page 13 TITLE 6—DOMESTIC SECURITY § 104 available for the purposes for which appro- priated) into the Fund. (c) Availability of funds Amounts deposited in the Fund shall be avail- able until expended, and in addition to such other funds as may be available for such pur- poses, for information technology system mod- ernization and facilities infrastructure improve- ments necessary for the operation of the Depart- ment, subject to approval by the Office of Man- agement and Budget. (d) Limitation on apportionment or allotment of funds Amounts in the Fund may not be apportioned or allotted for any fiscal year until after the date on which the Act making full-year appro- priations for the Department of Homeland Secu- rity for the applicable fiscal year is enacted into law, subject to subsection (e). (e) Notification of planned use of funds The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of the planned use of funds. (Pub. L. 117–103, div. F, title V, § 538, Mar. 15, 2022, 136 Stat. 343; Pub. L. 118–47, div. C, title V, § 539(a), Mar. 23, 2024, 138 Stat. 623.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter. AMENDMENTS 2024—Subsecs. (d), (e). Pub. L. 118–47 added subsecs. (d) and (e) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: ‘‘Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Rep- resentatives and the Senate are notified at least 15 days in advance of the planned use of funds.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–47, div. C, title V, § 539(b), Mar. 23, 2024, 138 Stat. 624, provided that: ‘‘The amendments made by this section [amending this section] shall apply to amounts transferred under such section 538 [of Pub. L. 117–103, 6 U.S.C. 103a] on or after the date of enactment of this Act [Mar. 23, 2024].’’ § 104. National biodefense strategy (a) Strategy and implementation plan required The Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agri- culture shall jointly develop a national bio- defense strategy and associated implementation plan, which shall include a review and assess- ment of biodefense policies, practices, programs and initiatives. Such Secretaries shall review and, as appropriate, revise the strategy bienni- ally. (b) Elements The strategy and associated implementation plan required under subsection (a) shall include each of the following: (1) An inventory and assessment of all exist- ing strategies, plans, policies, laws, and inter- agency agreements related to biodefense, in- cluding prevention, deterrence, preparedness, detection, response, attribution, recovery, and mitigation. (2) A description of the biological threats, including biological warfare, bioterrorism, naturally occurring infectious diseases, and accidental exposures. (3) A description of the current programs, ef- forts, or activities of the United States Gov- ernment with respect to preventing the acqui- sition, proliferation, and use of a biological weapon, preventing an accidental or naturally occurring biological outbreak, and mitigating the effects of a biological epidemic. (4) A description of the roles and responsibil- ities of the Executive Agencies, including in- ternal and external coordination procedures, in identifying and sharing information related to, warning of, and protection against, acts of terrorism using biological agents and weapons and accidental or naturally occurring biologi- cal outbreaks. (5) An articulation of related or required interagency capabilities and whole-of-Govern- ment activities required to support the na- tional biodefense strategy. (6) Recommendations for strengthening and improving the current biodefense capabilities, authorities, and command structures of the United States Government. (7) Recommendations for improving and for- malizing interagency coordination and sup- port mechanisms with respect to providing a robust national biodefense. (8) Any other matters the Secretary of De- fense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture determine necessary. (c) Submittal to Congress Not later than 275 days after December 23, 2016, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agri- culture shall submit to the appropriate congres- sional committees the strategy and associated implementation plan required by subsection (a). The strategy and implementation plan shall be submitted in unclassified form, but may include a classified annex. (d) Briefings Not later than March 1, 2017, and annually thereafter until March 1, 2025, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall provide to the Committee on Armed Services of the House of Representatives, the Committee on En- ergy and Commerce of the House of Representa- tives, the Committee on Homeland Security of the House of Representatives, and the Com- mittee on Agriculture of the House of Rep- resentatives a joint briefing on the strategy de- veloped under subsection (a) and the status of the implementation of such strategy. (e) GAO Review Not later than 180 days after the date of the submittal of the strategy and implementation Page 14 TITLE 6—DOMESTIC SECURITY § 105 plan under subsection (c), the Comptroller Gen- eral of the United States shall conduct a review of the strategy and implementation plan to ana- lyze gaps and resources mapped against the re- quirements of the National Biodefense Strategy and existing United States biodefense policy documents. (f) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means the following: (1) The congressional defense committees. (2) The Committee on Energy and Commerce of the House of Representatives and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate. (3) The Committee on Homeland Security of the House of Representatives and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate. (4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (Pub. L. 114–328, div. A, title X, § 1086, Dec. 23, 2016, 130 Stat. 2423; Pub. L. 116–92, div. A, title XVII, § 1704, Dec. 20, 2019, 133 Stat. 1797.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Homeland Security Act of 2002 which comprises this chapter. AMENDMENTS 2019—Subsec. (d). Pub. L. 116–92 substituted ‘‘March 1, 2025’’ for ‘‘March 1, 2019’’. Statutory Notes and Related Subsidiaries ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces. § 105. Biodefense analysis and budget submission (a) Annual analysis For each fiscal year, beginning in fiscal year 2023, the Director of the Office of Management and Budget, in consultation with the Secretary of Health and Human Services shall— (1) conduct a detailed and comprehensive analysis of Federal biodefense programs; and (2) develop an integrated biodefense budget submission. (b) Definition of biodefense In accordance with the National Biodefense Strategy, the Director shall develop and dis- seminate to all Federal departments and agen- cies a unified definition of the term ‘‘bio- defense’’ to identify which programs and activi- ties are included in the annual budget submis- sion required under subsection (a). (c) Requirements for analysis The analysis required under subsection (a) shall include— (1) the display of all funds requested for bio- defense activities, both mandatory and discre- tionary, by agency and categorized by bio- defense enterprise element, such as threat awareness, prevention, deterrence, prepared- ness, surveillance and detection, response, at- tribution (including bioforensic capabilities), recovery, and mitigation; and (2) detailed explanations of how each pro- gram and activity included aligns with bio- defense goals and objectives as part of the Na- tional Biodefense Strategy required under sec- tion 104 of this title. (d) Submittal to Congress The Director, in consultation with the Sec- retary of Health and Human Services, shall sub- mit to Congress the analysis required under sub- section (a) for a fiscal year concurrently with the President’s annual budget request for that fiscal year. (Pub. L. 116–283, div. A, title III, § 363, Jan. 1, 2021, 134 Stat. 3547.) Editorial Notes CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the Homeland Secu- rity Act of 2002 which comprises this chapter. § 106. Update of national biodefense implementa- tion plan (a) In general The Secretaries of Health and Human Serv- ices, Defense, Agriculture, Homeland Security, and all other Departments and agencies with re- sponsibilities for biodefense, such as the Depart- ment of State, in consultation with the Assist- ant to the President for National Security Af- fairs and the Director of the Office of Manage- ment and Budget, as appropriate, shall jointly, after reviewing the biodefense threat assessment described in subsection (d) and any relevant input from external stakeholders, as appro- priate, update the National Biodefense Imple- mentation Plan developed under section 104 of this title to clearly document established proc- esses, roles, and responsibilities related to the National Biodefense Strategy. (b) Specific updates The updated National Biodefense Implementa- tion Plan shall— (1) describe the roles and responsibilities of the Federal departments and agencies, includ- ing internal and external coordination proce- dures, in identifying and sharing information between and among Federal departments and agencies, as described in section 104(b)(4) of this title and consistent with the statutory roles and authorities of such departments and agencies; (2) describe roles, responsibilities, and proc- esses for decisionmaking, including decisions regarding use of resources for effective risk management across the enterprise; (3) describe resource plans for each depart- ment and agency with responsibility for bio- defense to support implementation of the

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 103a — Noncompliance with required reporting

**(a) Purpose** In the event that a covered entity that is required to submit a report under [section 681b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/a&num=0&edition=prelim) fails to comply with the requirement to report, the Director may obtain information about the cyber incident or ransom payment by engaging the covered entity directly to request information about the cyber incident or ransom payment, and if the Director is unable to obtain information through such engagement, by issuing a subpoena to the covered entity, pursuant to subsection (c), to gather information sufficient to determine whether a covered cyber incident or ransom payment has occurred. **(b) Initial request for information** (1) **In general** — If the Director has reason to believe, whether through public reporting or other information in the possession of the Federal Government, including through analysis performed pursuant to paragraph (1) or (2) of [section 681a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681a/a&num=0&edition=prelim), that a covered entity has experienced a covered cyber incident or made a ransom payment but failed to report such cyber incident or payment to the Agency in accordance with [section 681b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/a&num=0&edition=prelim), the Director may request additional information from the covered entity to confirm whether or not a covered cyber incident or ransom payment has occurred. (2) **Treatment** — Information provided to the Agency in response to a request under paragraph (1) shall be treated as if it was submitted through the reporting procedures established in [section 68

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 103a

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 103a — Department of Homeland Security Non-

Page 12 TITLE 6—DOMESTIC SECURITY § 102 ice are allowed expenses under section 5703(b) [5703] of title 5, United States Code. ‘‘SEC. 609. SECURITY CLEARANCES FOR COMMIS- SION MEMBERS AND STAFF. ‘‘The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appro- priate security clearances to the extent possible pursu- ant to existing procedures and requirements, except that no person shall be provided with access to classi- fied information under this title without the appro- priate security clearances. ‘‘SEC. 610. REPORTS OF COMMISSION; TERMI- NATION. ‘‘(a) INTERIM REPORTS.—The Commission may submit to the President and Congress interim reports con- taining such findings, conclusions, and recommenda- tions for corrective measures as have been agreed to by a majority of Commission members. ‘‘(b) FINAL REPORT.—Not later than 20 months after the date of the enactment of this Act [Nov. 27, 2002], the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. ‘‘(c) TERMINATION.— ‘‘(1) IN GENERAL.—The Commission, and all the au- thorities of this title, shall terminate 30 days after the date on which the final report is submitted under subsection (b). ‘‘(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- NATION.—The Commission may use the 30-day period referred to in paragraph (1) for the purpose of con- cluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. ‘‘SEC. 611. FUNDING. ‘‘(a) TRANSFER FROM THE NATIONAL FOREIGN INTEL- LIGENCE PROGRAM.—Of

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 103a

Stored review status: historical_2024_not_currentness_verified. The source passage cites 6 U.S.C. § 103a. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 104 — Information shared with or provided to the Federal Government

**(a) Disclosure, retention, and use** (1) **Authorized activities** — Information provided to the Agency pursuant to section 681b or 681c of this title may be disclosed to, retained by, and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government solely for— (A) a cybersecurity purpose; (B) the purpose of identifying— (i) a cyber threat, including the source of the cyber threat; or (ii) a security vulnerability; (C) the purpose of responding to, or otherwise preventing or mitigating, a specific threat of death, a specific threat of serious bodily harm, or a specific threat of serious economic harm, including a terrorist act or use of a weapon of mass destruction; (D) the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or (E) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a cyber incident reported pursuant to section 681b or 681c of this title or any of the offenses listed in [section 1504(d)(5)(A)(v) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1504/d/5/A/v&num=0&edition=prelim). (2) **Agency actions after receipt** (A) *Rapid, confidential sharing of cyber threat indicators* — Upon receiving a covered cyber incident or ransom payment report submitted pursuant to this section, the Agency shall immediately review the report to determine whether the cyber incident that is the subject of the report is connected to an ongoing cyber threat or security vulnerability and where applicable, use such report to i

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