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6 U.S.C. § 102 — Construction; severability

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

6 U.S.C. § 102 — Construction; severability

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

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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 the amounts authorized to be appropriated by this Act [see Tables for classification] and made available in public law 107–248 [see Tables for classification] (Department of Defense Appropriations Act, 2003) for the National Foreign Intelligence Pro- gram, not to exceed $3,000,000 shall be available for transfer to the Commission for purposes of the activi- ties of the Commission under this title. ‘‘(b) ADDITIONAL FUNDING.—In addition to the amounts made available to the Commission under sub- section (a) and under chapter 2 of title II of the Emer- gency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 591), of the amounts appro- priated for the programs and activities of the Federal Government for fiscal year 2004 that remain available for obligation, not more than $1,000,000 shall be avail- able for transfer to the Commission for purposes of the activities of the Commission under this title. ‘‘(c) DURATION OF AVAILABILITY.—Amounts made available to the Commission under this section shall remain available until the termination of the Commis- sion.’’ § 102. Construction; severability Any provision of this chapter held to be in- valid or unenforceable by its terms, or as ap- plied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed sev- erable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. (Pub. L. 107–296, § 3, Nov. 25, 2002, 116 Stat. 2141.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Ta- bles. § 103. Use of appropriated funds Notwithstanding any other provision of this chapter, any report, notification, or consulta- tion addressing directly or indirectly the use of appropriated funds and stipulated by this chap- ter to be submitted to, or held with, the Con- gress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter. (Pub. L. 107–296, title XVII, § 1714, as added Pub. L. 108–7, div. L, § 103(5), Feb. 20, 2003, 117 Stat. 529.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Ta- bles. PRIOR PROVISIONS A prior section 1714 of Pub. L. 107–296 amended sec- tion 300aa–33 of Title 42, The Public Health and Wel- fare, prior to repeal by Pub. L. 108–7, div. L, § 102(a), Feb. 20, 2003, 117 Stat. 528. Statutory Notes and Related Subsidiaries NOTIFICATIONS FOR REPROGRAMMING OR TRANSFER OF FUNDS Pub. L. 109–90, title V, § 503(e), Oct. 18, 2005, 119 Stat. 2082, provided that: ‘‘Hereafter, notwithstanding any other provision of law, notifications pursuant to this section or any other authority for reprogramming or transfer of funds shall be made solely to the Commit- tees on Appropriations of the Senate and the House of Representatives.’’ § 103a. Department of Homeland Security Non- recurring Expenses Fund (a) Establishment There is hereby established in the Treasury of the United States a fund to be known as the ‘‘Department of Homeland Security Non- recurring Expenses Fund’’ (the Fund). (b) Transfer of unobligated balances of expired discretionary funds Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treas- ury to the Department of Homeland Security by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are

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

6 U.S.C. § 102 — Required reporting of certain cyber incidents

**(a) In general** (1) **Covered cyber incident reports** (A) *In general* — A covered entity that experiences a covered cyber incident shall report the covered cyber incident to the Agency not later than 72 hours after the covered entity reasonably believes that the covered cyber incident has occurred. (B) *Limitation* — The Director may not require reporting under subparagraph (A) any earlier than 72 hours after the covered entity reasonably believes that a covered cyber incident has occurred. (2) **Ransom payment reports** (A) *In general* — A covered entity that makes a ransom payment as the result of a ransomware attack against the covered entity shall report the payment to the Agency not later than 24 hours after the ransom payment has been made. (B) *Application* — The requirements under subparagraph (A) shall apply even if the ransomware attack is not a covered cyber incident subject to the reporting requirements under paragraph (1). (3) **Supplemental reports** — A covered entity shall promptly submit to the Agency an update or supplement to a previously submitted covered cyber incident report if substantial new or different information becomes available or if the covered entity makes a ransom payment after submitting a covered cyber incident report required under paragraph (1), until such date that such covered entity notifies the Agency that the covered cyber incident at issue has concluded and has been fully mitigated and resolved. (4) **Preservation of information** — Any covered entity subject to requirements of paragraph (1), (2), or (3) shall preserve data relevant to the covered cyber incident or ransom payment in accordance with procedures established in the final rule issued pursuant to subsection (b). (5) **Exceptions** (A) *Repor

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