6 U.S.C. § 321r — Transfer of equipment during a public

Page 183 TITLE 6—DOMESTIC SECURITY § 321r tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the Homeland Security Act of 2002 which comprises this chapter. § 321p. National planning and education The Secretary shall, to the extent prac- ticable— (1) include in national planning frameworks the threat of an EMP or GMD event; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government regarding threats of EMP and GMD. (Pub. L. 107–296, title V, § 527, as added Pub. L. 114–328, div. A, title XIX, § 1913(a)(4), Dec. 23, 2016, 130 Stat. 2686.) § 321q. Coordination of Department of Homeland Security efforts related to food, agriculture, and veterinary defense against terrorism (a) Program required The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall carry out a program to coordinate the Department’s efforts related to defending the food, agriculture, and veterinary systems of the United States against terrorism and other high-consequence events that pose a high risk to homeland security. (b) Program elements The coordination program required by sub- section (a) shall include, at a minimum, the fol- lowing: (1) Providing oversight and management of the Department’s responsibilities pursuant to Homeland Security Presidential Directive 9–Defense of United States Agriculture and Food. (2) Providing oversight and integration of the Department’s activities related to veteri- nary public health, food defense, and agricul- tural security. (3) Leading the Department’s policy initia- tives relating to food, animal, and agricultural incidents, and the impact of such incidents on animal and public health. (4) Leading the Department’s policy initia- tives relating to overall domestic preparedness for and collective response to agricultural ter- rorism. (5) Coordinating with other Department components, including U.S. Customs and Bor- der Protection, as appropriate, on activities related to food and agriculture security and screening procedures for domestic and im- ported products. (6) Coordinating with appropriate Federal departments and agencies. (7) Other activities as determined necessary by the Secretary. (c) Rule of construction Nothing in this section may be construed as altering or superseding the authority of the Sec- retary of Agriculture or the Secretary of Health and Human Services. (Pub. L. 107–296, title V, § 528, as added Pub. L. 115–43, § 2(a), June 30, 2017, 131 Stat. 884; amended Pub. L. 115–387, § 2(f)(5), Dec. 21, 2018, 132 Stat. 5168.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–387 substituted ‘‘the Countering Weapons of Mass Destruction Office,’’ for ‘‘Health Affairs,’’. § 321r. Transfer of equipment during a public health emergency (a) Authorization of transfer of equipment During a public health emergency declared by the Secretary of Health and Human Services under section 247d(a) of title 42, the Secretary, at the request of the Secretary of Health and Human Services, may transfer to the Depart- ment of Health and Human Services, on a reim- bursable basis, excess personal protective equip- ment or medically necessary equipment in the possession of the Department. (b) Determination by Secretaries (1) In general In carrying out this section— (A) before requesting a transfer under sub- section (a), the Secretary of Health and Human Services shall determine whether the personal protective equipment or medically necessary equipment is otherwise available; and (B) before initiating a transfer under sub- section (a), the Secretary, in consultation with the heads of each component within the Department, shall— (i) determine whether the personal pro- tective equipment or medically necessary equipment requested to be transferred under subsection (a) is excess equipment; and (ii) certify that the transfer of the per- sonal protective equipment or medically necessary equipment will not adversely impact the health or safety of officers, em- ployees, or contractors of the Department. (2) Notification The Secretary of Health and Human Serv- ices and the Secretary shall each submit to Congress a notification explaining the deter- mination made under subparagraphs (A) and (B), respectively, of paragraph (1). (3) Required inventory (A) In general The Secretary shall— (i) acting through the Chief Medical Offi- cer of the Department, maintain an inven- tory of all personal protective equipment and medically necessary equipment in the possession of the Department; and (ii) make the inventory required under clause (i) available, on a continual basis, to— (I) the Secretary of Health and Human Services; and 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