6 U.S.C. § 321f — Nuclear incident response

Page 172 TITLE 6—DOMESTIC SECURITY § 321d 4 Deputy Administrators to assist the Adminis- trator in carrying out this subchapter. (b) United States Fire Administration The Administrator of the United States Fire Administration shall have a rank equivalent to an assistant secretary of the Department. (Pub. L. 107–296, title V, § 514, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 115–278, § 2(g)(4)(B), Nov. 16, 2018, 132 Stat. 4178.) Editorial Notes AMENDMENTS 2018—Subsecs. (b), (c). Pub. L. 115–278 redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘There is in the Department an Assistant Secretary for Cybersecurity and Communications.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 31, 2007, see section 614(b)(3) of Pub. L. 109–295, set out as a note under section 701 of this title. § 321d. National Operations Center (a) Definition In this section, the term ‘‘situational aware- ness’’ means information gathered from a vari- ety of sources that, when communicated to emergency managers, decision makers, and other appropriate officials, can form the basis for incident management decisionmaking and steady-state activity. (b) Establishment The National Operations Center is the prin- cipal operations center for the Department and shall— (1) provide situational awareness and a com- mon operating picture for the entire Federal Government, and for State, local, tribal, and territorial governments, the private sector, and international partners as appropriate, for events, threats, and incidents involving a nat- ural disaster, act of terrorism, or other man- made disaster; (2) ensure that critical terrorism and dis- aster-related information reaches government decision-makers; and (3) enter into agreements with other Federal operations centers and other homeland secu- rity partners, as appropriate, to facilitate the sharing of information. (c) State and local emergency responder rep- resentation (1) Establishment of positions The Secretary shall establish a position, on a rotating basis, for a representative of State and local emergency responders at the Na- tional Operations Center established under subsection (b) to ensure the effective sharing of information between the Federal Govern- ment and State and local emergency response services. (2) Management The Secretary shall manage the position es- tablished pursuant to paragraph (1) in accord- ance with such rules, regulations, and prac- tices as govern other similar rotating posi- tions at the National Operations Center. (Pub. L. 107–296, title V, § 515, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 110–376, § 8, Oct. 8, 2008, 122 Stat. 4060; Pub. L. 114–328, div. A, title XIX, § 1909, Dec. 23, 2016, 130 Stat. 2681.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328, § 1909(1), substituted ‘‘emergency managers, decision makers, and other ap- propriate officials’’ for ‘‘emergency managers and deci- sion makers’’ and inserted ‘‘and steady-state activity’’ before period at end. Subsec. (b)(1). Pub. L. 114–328, § 1909(2)(A), substituted ‘‘tribal, and territorial governments, the private sec- tor, and international partners’’ for ‘‘and tribal govern- ments’’ and ‘‘for events, threats, and incidents involv- ing’’ for ‘‘in the event of’’ and struck out ‘‘and’’ at end. Subsec. (b)(2). Pub. L. 114–328, § 1909(2)(B), substituted ‘‘; and’’ for period at end. Subsec. (b)(3). Pub. L. 114–328, § 1909(2)(C), added par. (3). Subsec. (c). Pub. L. 114–328, § 1909(4)(A), substituted ‘‘emergency responder’’ for ‘‘fire service’’ in heading. Subsec. (c)(1). Pub. L. 114–328, § 1909(4)(B), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘The Secretary shall, in consulta- tion with the Administrator of the United States Fire Administration, establish a fire service position at the National Operations Center established under sub- section (b) to ensure the effective sharing of informa- tion between the Federal Government and State and local fire services.’’ Subsec. (c)(2), (3). Pub. L. 114–328, § 1909(4)(C), (D), re- designated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘The Secretary shall designate, on a rotating basis, a State or local fire service official for the position de- scribed in paragraph (1).’’ 2008—Subsec. (c). Pub. L. 110–376 added subsec. (c). § 321e. Repealed. Pub. L. 115–387, § 2(c)(1), Dec. 21, 2018, 132 Stat. 5166 Section, Pub. L. 107–296, title V, § 516, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409; amended Pub. L. 112–166, § 2(f)(4), Aug. 10, 2012, 126 Stat. 1285, related to establishment, qualifications, and re- sponsibilities of Chief Medical Officer. See section 597 of this title. § 321f. Nuclear incident response (a) In general At the direction of the Secretary (in connec- tion with an actual or threatened terrorist at- tack, major disaster, or other emergency in the United States), the Nuclear Incident Response Team shall operate as an organizational unit of the Department. While so operating, the Nuclear Incident Response Team shall be subject to the direction, authority, and control of the Sec- retary. (b) Rule of construction Nothing in this subchapter shall be construed to limit the ordinary responsibility of the Sec- retary of Energy and the Administrator of the Environmental Protection Agency for orga- nizing, training, equipping, and utilizing their respective entities in the Nuclear Incident Re- sponse Team, or (subject to the provisions of 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