6 U.S.C. § 322 — Continuity of the economy plan

Page 184 TITLE 6—DOMESTIC SECURITY § 322 (II) the Committee on Appropriations and the Committee on Homeland Secu- rity and Governmental Affairs of the Senate and the Committee on Appropria- tions and the Committee on Homeland Security of the House of Representa- tives. (B) Form Each inventory required to be made avail- able under subparagraph (A) shall be sub- mitted in unclassified form, but may include a classified annex. (Pub. L. 107–296, title V, § 529, as added Pub. L. 117–58, div. G, title IX, § 70953(f)(2)(A), Nov. 15, 2021, 135 Stat. 1315.) § 322. Continuity of the economy plan (a) Requirement (1) In general The President shall develop and maintain a plan to maintain and restore the economy of the United States in response to a significant event. (2) Principles The plan required under paragraph (1) shall— (A) be consistent with— (i) a free market economy; and (ii) the rule of law; and (B) respect private property rights. (3) Contents The plan required under paragraph (1) shall— (A) examine the distribution of goods and services across the United States necessary for the reliable functioning of the United States during a significant event; (B) identify the economic functions of rel- evant actors, the disruption, corruption, or dysfunction of which would have a debili- tating effect in the United States on— (i) security; (ii) economic security; (iii) defense readiness; or (iv) public health or safety; (C) identify the critical distribution mech- anisms for each economic sector that should be prioritized for operation during a signifi- cant event, including— (i) bulk power and electric transmission systems; (ii) national and international financial systems, including wholesale payments, stocks, and currency exchanges; (iii) national and international commu- nications networks, data-hosting services, and cloud services; (iv) interstate oil and natural gas pipe- lines; and (v) mechanisms for the interstate and international trade and distribution of ma- terials, food, and medical supplies, includ- ing road, rail, air, and maritime shipping; (D) identify economic functions of relevant actors, the disruption, corruption, or dys- function of which would cause— (i) catastrophic economic loss; (ii) the loss of public confidence; or (iii) the widespread imperilment of human life; (E) identify the economic functions of rel- evant actors that are so vital to the econ- omy of the United States that the disrup- tion, corruption, or dysfunction of those eco- nomic functions would undermine response, recovery, or mobilization efforts during a significant event; (F) incorporate, to the greatest extent practicable, the principles and practices con- tained within Federal plans for the con- tinuity of Government and continuity of op- erations; (G) identify— (i) industrial control networks for which a loss of internet connectivity, a loss of network integrity or availability, an ex- ploitation of a system connected to the network, or another failure, disruption, corruption, or dysfunction would have a debilitating effect in the United States on— (I) security; (II) economic security; (III) defense readiness; or (IV) public health or safety; and (ii) for each industrial control network identified under clause (i), risk mitigation measures, including— (I) the installation of parallel services; (II) the use of stand-alone analog serv- ices; or (III) the significant hardening of the industrial control network against fail- ure, disruption, corruption, or dysfunc- tion; (H) identify critical economic sectors for which the preservation of data in a pro- tected, verified, and uncorrupted status would be required for the quick recovery of the economy of the United States in the face of a significant disruption following a sig- nificant event; (I) include a list of raw materials, indus- trial goods, and other items, the absence of which would significantly undermine the ability of the United States to sustain the functions described in subparagraphs (B), (D), and (E); (J) provide an analysis of supply chain di- versification for the items described in sub- paragraph (I) in the event of a disruption caused by a significant event; (K) include— (i) a recommendation as to whether the United States should maintain a strategic reserve of 1 or more of the items described in subparagraph (I); and (ii) for each item described in subpara- graph (I) for which the President rec- ommends maintaining a strategic reserve under clause (i), an identification of mech- anisms for tracking inventory and avail- ability of the item in the strategic reserve; (L) identify mechanisms in existence on January 1, 2021 and mechanisms that can be Page 185 TITLE 6—DOMESTIC SECURITY § 322 developed to ensure that the swift transport and delivery of the items described in sub- paragraph (I) is feasible in the event of a dis- tribution network disturbance or degrada- tion, including a distribution network dis- turbance or degradation caused by a signifi- cant event; (M) include guidance for determining the prioritization for the distribution of the items described in subparagraph (I), includ- ing distribution to States and Indian Tribes; (N) consider the advisability and feasi- bility of mechanisms for extending the cred- it of the United States or providing other fi- nancial support authorized by law to key participants in the economy of the United States if the extension or provision of other financial support— (i) is necessary to avoid severe economic degradation; or (ii) allows for the recovery from a sig- nificant event; (O) include guidance for determining cat- egories of employees that should be prioritized to continue to work in order to sustain the functions described in subpara- graphs (B), (D), and (E) in the event that there are limitations on the ability of indi- viduals to travel to workplaces or to work remotely, including considerations for de- fense readiness; (P) identify critical economic sectors nec- essary to provide material and operational support to the defense of the United States; (Q) determine whether the Secretary of Homeland Security, the National Guard, and the Secretary of Defense have adequate au- thority to assist the United States in a re- covery from a severe economic degradation caused by a significant event; (R) review and assess the authority and ca- pability of heads of other agencies that the President determines necessary to assist the United States in a recovery from a severe economic degradation caused by a signifi- cant event; and (S) consider any other matter that would aid in protecting and increasing the resil- ience of the economy of the United States from a significant event. (b) Coordination In developing the plan required under sub- section (a)(1), the President shall— (1) receive advice from— (A) the Secretary of Homeland Security; (B) the Secretary of Defense; (C) the Secretary of the Treasury; (D) the Secretary of Health and Human Services; (E) the Secretary of Commerce; (F) the Secretary of Transportation; (G) the Secretary of Energy; (H) the Administrator of the Small Busi- ness Administration; and (I) the head of any other agency that the President determines necessary to complete the plan; (2) consult with economic sectors relating to critical infrastructure through sector-coordi- nated councils, as appropriate; (3) consult with relevant State, Tribal, and local governments and organizations that rep- resent those governments; and (4) consult with any other non-Federal enti- ty that the President determines necessary to complete the plan. (c) Submission to Congress (1) In general Not later than 2 years after January 1, 2021, and not less frequently than every 3 years thereafter, the President shall submit the plan required under subsection (a)(1) and the infor- mation described in paragraph (2) to— (A) the majority and minority leaders of the Senate; (B) the Speaker and the minority leader of the House of Representatives; (C) the Committee on Armed Services of the Senate; (D) the Committee on Armed Services of the House of Representatives; (E) the Committee on Homeland Security and Governmental Affairs of the Senate; (F) the Committee on Homeland Security of the House of Representatives; (G) the Committee on Health, Education, Labor, and Pensions of the Senate; (H) the Committee on Commerce, Science, and Transportation of the Senate; (I) the Committee on Energy and Com- merce of the House of Representatives; (J) the Committee on Banking, Housing, and Urban Affairs of the Senate; (K) the Committee on Finance of the Sen- ate; (L) the Committee on Financial Services of the House of Representatives; (M) the Committee on Small Business and Entrepreneurship of the Senate; (N) the Committee on Small Business of the House of Representatives; (O) the Committee on Energy and Natural Resources of the Senate; (P) the Committee on Environment and Public Works of the Senate; (Q) the Committee on Indian Affairs of the Senate; (R) the Committee on Oversight and Re- form of the House of Representatives; (S) Committee on the Budget of the House of Representatives; and (T) any other committee of the Senate or the House of Representatives that has juris- diction over the subject of the plan. (2) Additional information The information described in this paragraph is— (A) any change to Federal law that would be necessary to carry out the plan required under subsection (a)(1); and (B) any proposed changes to the funding levels provided in appropriation Acts for the most recent fiscal year that can be imple- mented in future appropriation Acts or addi- tional resources necessary to— (i) implement the plan required under subsection (a)(1); or (ii) maintain any program offices and personnel necessary to— Page 186 TITLE 6—DOMESTIC SECURITY § 323 1 See References in Text note below. (I) maintain the plan required under subsection (a)(1) and the plans described in subsection (a)(3)(F); and (II) conduct exercises, assessments, and updates to the plans described in subclause (I) over time. (3) Budget of the President The President may include the information described in paragraph (2)(B) in the budget re- quired to be submitted by the President under section 1105(a) of title 31. (d) Definitions In this section: (1) The term ‘‘agency’’ has the meaning given the term in section 551 of title 5. (2) The term ‘‘economic sector’’ means a sec- tor of the economy of the United States. (3) The term ‘‘relevant actor’’ means— (A) the Federal Government; (B) a State, local, or Tribal government; or (C) the private sector. (4) The term ‘‘significant event’’ means an event that causes severe degradation to eco- nomic activity in the United States due to— (A) a cyber attack; or (B) another significant event that is nat- ural or human-caused. (5) The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, Guam, American Samoa, the Common- wealth of the Northern Mariana Islands, and any possession of the United States. (Pub. L. 116–283, div. H, title XCVI, § 9603, Jan. 1, 2021, 134 Stat. 4829.) 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 323. Guidance on how to prevent exposure to and release of PFAS (a) In general Not later than 1 year after December 20, 2022, the Secretary of Homeland Security, in con- sultation with the Administrator of the United States Fire Administration, the Administrator of the Environmental Protection Agency, the Director of the National Institute for Occupa- tional Safety and Health, and the heads of any other relevant agencies, shall— (1) develop and publish guidance for fire- fighters and other emergency response per- sonnel on training, education programs, and best practices; (2) make available a curriculum designed to— (A) reduce and eliminate exposure to per- and polyfluoroalkyl substances (commonly referred to as ‘‘PFAS’’) from firefighting foam and personal protective equipment; (B) prevent the release of PFAS from fire- fighting foam into the environment; and (C) educate firefighters and other emer- gency response personnel on foams and non- foam alternatives, personal protective equip- ment, and other firefighting tools and equip- ment that do not contain PFAS; and (3) create an online public repository, which shall be updated on a regular basis, on tools and best practices for firefighters and other emergency response personnel to reduce, limit, and prevent the release of and exposure to PFAS. (b) Curriculum (1) In general For the purpose of developing the cur- riculum required under subsection (a)(2), the Administrator of the United States Fire Ad- ministration shall make recommendations to the Secretary of Homeland Security as to the content of the curriculum. (2) Consultation For the purpose of making recommendations under paragraph (1), the Administrator of the United States Fire Administration shall con- sult with interested entities, as appropriate, including— (A) firefighters and other emergency re- sponse personnel, including national fire service and emergency response organiza- tions; (B) impacted communities dealing with PFAS contamination; (C) scientists, including public and occupa- tional health and safety experts, who are studying PFAS and PFAS alternatives in firefighting foam; (D) voluntary standards organizations en- gaged in developing standards for firefighter and firefighting equipment; (E) State fire training academies; (F) State fire marshals; (G) manufacturers of firefighting tools and equipment; and (H) any other relevant entities, as deter- mined by the Secretary of Homeland Secu- rity and the Administrator of the United States Fire Administration. (c) Review Not later than 3 years after the date on which the guidance and curriculum required under sub- section (a) is issued, and not less frequently than once every 3 years thereafter, the Sec- retary of Homeland Security, in consultation with the Administrator of the United States Fire Administration, the Administrator of the Environmental Protection Agency, and the Di- rector of the National Institute for Occupational Safety and Health, shall review the guidance and curriculum and, as appropriate, issue up- dates to the guidance and curriculum. (d) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to this Act.