6 U.S.C. § 321j — Procurement of security countermeasures

Page 173 TITLE 6—DOMESTIC SECURITY § 321j 1 See References in Text note below. this subchapter) from exercising direction, au- thority, and control over them when they are not operating as a unit of the Department. (Pub. L. 107–296, title V, § 517, formerly § 504, Nov. 25, 2002, 116 Stat. 2213; renumbered § 517, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.) Editorial Notes CODIFICATION Section was formerly classified to section 314 of this title prior to renumbering by Pub. L. 109–295. § 321g. Conduct of certain public health-related activities (a) In general With respect to all public health-related ac- tivities to improve State, local, and hospital preparedness and response to chemical, biologi- cal, radiological, and nuclear and other emerg- ing terrorist threats carried out by the Depart- ment of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities and preparedness goals and further develop a co- ordinated strategy for such activities in collabo- ration with the Secretary. (b) Evaluation of progress In carrying out subsection (a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific bench- marks and outcome measurements for evalu- ating progress toward achieving the priorities and goals described in such subsection. (Pub. L. 107–296, title V, § 518, formerly § 505, Nov. 25, 2002, 116 Stat. 2213; renumbered § 518, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.) Editorial Notes CODIFICATION Section was formerly classified to section 315 of this title prior to renumbering by Pub. L. 109–295. § 321h. Use of national private sector networks in emergency response To the maximum extent practicable, the Sec- retary shall use national private sector net- works and infrastructure for emergency re- sponse to chemical, biological, radiological, nu- clear, or explosive disasters, and other major disasters. (Pub. L. 107–296, title V, § 519, formerly § 508, Nov. 25, 2002, 116 Stat. 2215; renumbered § 519, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.) Editorial Notes CODIFICATION Section was formerly classified to section 318 of this title prior to renumbering by Pub. L. 109–295. § 321i. Use of commercially available technology, goods, and services It is the sense of Congress that— (1) the Secretary should, to the maximum extent possible, use off-the-shelf commercially developed technologies to ensure that the De- partment’s information technology systems allow the Department to collect, manage, share, analyze, and disseminate information securely over multiple channels of commu- nication; and (2) in order to further the policy of the United States to avoid competing commer- cially with the private sector, the Secretary should rely on commercial sources to supply the goods and services needed by the Depart- ment. (Pub. L. 107–296, title V, § 520, formerly § 509, Nov. 25, 2002, 116 Stat. 2215; renumbered § 520, Pub. L. 109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat. 1395.) Editorial Notes CODIFICATION Section was formerly classified to section 319 of this title prior to renumbering by Pub. L. 109–295. § 321j. Procurement of security countermeasures for Strategic National Stockpile (a) Authorization of appropriations For the procurement of security counter- measures under section 247d–6b(c) of title 42 (re- ferred to in this section as the ‘‘security coun- termeasures program’’), there is authorized to be appropriated up to $5,593,000,000 for the fiscal years 2004 through 2013. Of the amounts appro- priated under the preceding sentence, not to ex- ceed $3,418,000,000 may be obligated during the fiscal years 2004 through 2008, of which not to ex- ceed $890,000,000 may be obligated during fiscal year 2004. None of the funds made available under this subsection shall be used to procure countermeasures to diagnose, mitigate, prevent, or treat harm resulting from any naturally oc- curring infectious disease or other public health threat that are not security countermeasures under section 247d–6b(c)(1)(B) of title 42.1 (b) Special reserve fund For purposes of the security countermeasures program, the term ‘‘special reserve fund’’ means the ‘‘Biodefense Countermeasures’’ appropria- tions account or any other appropriation made under subsection (a). (c) Availability Amounts appropriated under subsection (a) be- come available for a procurement under the se- curity countermeasures program only upon the approval by the President of such availability for the procurement in accordance with para- graph (6)(B) of such program. (d) Related authorizations of appropriations (1) Threat assessment capabilities For the purpose of carrying out the respon- sibilities of the Secretary for terror threat as- sessment under the security countermeasures program, there are authorized to be appro- priated such sums as may be necessary for each of the fiscal years 2004 through 2006, for Page 174 TITLE 6—DOMESTIC SECURITY § 321k the hiring of professional personnel within the Office of Intelligence and Analysis, who shall be analysts responsible for chemical, biologi- cal, radiological, and nuclear threat assess- ment (including but not limited to analysis of chemical, biological, radiological, and nuclear agents, the means by which such agents could be weaponized or used in a terrorist attack, and the capabilities, plans, and intentions of terrorists and other non-state actors who may have or acquire such agents). All such analysts shall meet the applicable standards and quali- fications for the performance of intelligence activities promulgated by the Director of Cen- tral Intelligence pursuant to section 403–4 1 of title 50. (2) Intelligence sharing infrastructure For the purpose of carrying out the acquisi- tion and deployment of secure facilities (in- cluding information technology and physical infrastructure, whether mobile and tem- porary, or permanent) sufficient to permit the Secretary to receive, not later than 180 days after July 21, 2004, all classified information and products to which the Under Secretary for Intelligence and Analysis is entitled under part A of subchapter II, there are authorized to be appropriated such sums as may be nec- essary for each of the fiscal years 2004 through 2006. (Pub. L. 107–296, title V, § 521, formerly § 510, as added Pub. L. 108–276, § 3(b)(2), July 21, 2004, 118 Stat. 852; renumbered § 521, Pub. L. 109–295, title VI, § 611(7), Oct. 4, 2006, 120 Stat. 1395; amended Pub. L. 109–417, title IV, § 403(c), Dec. 19, 2006, 120 Stat. 2874; Pub. L. 110–53, title V, § 531(b)(1)(D), Aug. 3, 2007, 121 Stat. 334.) Editorial Notes REFERENCES IN TEXT Section 247d–6b(c)(1)(B) of title 42, referred to in sub- sec. (a), was in the original ‘‘section 319F–2(c)(1)(B)’’, which was translated as meaning section 319F–2(c)(1)(B) of the Public Health Service Act, to reflect the prob- able intent of Congress. Section 403–4 of title 50, referred to in subsec. (d)(1), was repealed and a new section 403–4 enacted by Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660, and subsequently editorially reclassified to section 3035 of Title 50, War and National Defense; as so enacted, sec- tion 3035 no longer relates to promulgation of standards and qualifications for the performance of intelligence activities. Part A of subchapter II of this chapter, referred to in subsec. (d)(2), was in the original ‘‘subtitle A of title II’’, meaning subtitle A of title II of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2145, which is classified generally to part A (§ 121 et seq.) of subchapter II of this chapter. For complete classification of part A to the Code, see Tables. CODIFICATION Section was formerly classified to section 320 of this title prior to renumbering by Pub. L. 109–295. AMENDMENTS 2007—Subsec. (d)(1). Pub. L. 110–53, § 531(b)(1)(D)(i), substituted ‘‘Office of Intelligence and Analysis’’ for ‘‘Directorate for Information Analysis and Infrastruc- ture Protection’’. Subsec. (d)(2). Pub. L. 110–53, § 531(b)(1)(D)(ii), sub- stituted ‘‘Under Secretary for Intelligence and Anal- ysis’’ for ‘‘Under Secretary for Information Analysis and Infrastructure Protection’’. 2006—Subsec. (a). Pub. L. 109–417, which directed amendment of section 510(a) of the Homeland Security Act of 2002, Pub. L. 107–296, by inserting a new last sen- tence, was executed to subsec. (a) of this section to re- flect the probable intent of Congress and the redesigna- tion of section 510(a) as 521(a) by Pub. L. 109–295, § 611(7). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. § 321k. Model standards and guidelines for crit- ical infrastructure workers (a) In general Not later than 12 months after August 3, 2007, and in coordination with appropriate national professional organizations, Federal, State, local, and tribal government agencies, and private-sec- tor and nongovernmental entities, the Adminis- trator shall establish model standards and guidelines for credentialing critical infrastruc- ture workers that may be used by a State to cre- dential critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other man-made disaster. (b) Distribution and assistance The Administrator shall provide the standards developed under subsection (a), including de- tailed written guidance, to State, local, and tribal governments, and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure work- ers that may respond to a natural disaster, act of terrorism, or other manmade disaster. (Pub. L. 107–296, title V, § 522, as added Pub. L. 110–53, title IV, § 409(a), Aug. 3, 2007, 121 Stat. 305.) § 321l. Guidance and recommendations (a) In general Consistent with their responsibilities and au- thorities under law, as of the day before August 3, 2007, the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the private sector, may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in— (1) identifying potential hazards and assess- ing risks and impacts; (2) mitigating the impact of a wide variety of hazards, including weapons of mass destruc- tion; (3) managing necessary emergency prepared- ness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, and associ- ated operational procedures;