6 U.S.C. § 103a — Department of Homeland Security Non-

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 Page 13 TITLE 6—DOMESTIC SECURITY § 104 available for the purposes for which appro- priated) into the Fund. (c) Availability of funds Amounts deposited in the Fund shall be avail- able until expended, and in addition to such other funds as may be available for such pur- poses, for information technology system mod- ernization and facilities infrastructure improve- ments necessary for the operation of the Depart- ment, subject to approval by the Office of Man- agement and Budget. (d) Limitation on apportionment or allotment of funds Amounts in the Fund may not be apportioned or allotted for any fiscal year until after the date on which the Act making full-year appro- priations for the Department of Homeland Secu- rity for the applicable fiscal year is enacted into law, subject to subsection (e). (e) Notification of planned use of funds The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of the planned use of funds. (Pub. L. 117–103, div. F, title V, § 538, Mar. 15, 2022, 136 Stat. 343; Pub. L. 118–47, div. C, title V, § 539(a), Mar. 23, 2024, 138 Stat. 623.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter. AMENDMENTS 2024—Subsecs. (d), (e). Pub. L. 118–47 added subsecs. (d) and (e) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: ‘‘Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Rep- resentatives and the Senate are notified at least 15 days in advance of the planned use of funds.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–47, div. C, title V, § 539(b), Mar. 23, 2024, 138 Stat. 624, provided that: ‘‘The amendments made by this section [amending this section] shall apply to amounts transferred under such section 538 [of Pub. L. 117–103, 6 U.S.C. 103a] on or after the date of enactment of this Act [Mar. 23, 2024].’’ § 104. National biodefense strategy (a) Strategy and implementation plan required The Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agri- culture shall jointly develop a national bio- defense strategy and associated implementation plan, which shall include a review and assess- ment of biodefense policies, practices, programs and initiatives. Such Secretaries shall review and, as appropriate, revise the strategy bienni- ally. (b) Elements The strategy and associated implementation plan required under subsection (a) shall include each of the following: (1) An inventory and assessment of all exist- ing strategies, plans, policies, laws, and inter- agency agreements related to biodefense, in- cluding prevention, deterrence, preparedness, detection, response, attribution, recovery, and mitigation. (2) A description of the biological threats, including biological warfare, bioterrorism, naturally occurring infectious diseases, and accidental exposures. (3) A description of the current programs, ef- forts, or activities of the United States Gov- ernment with respect to preventing the acqui- sition, proliferation, and use of a biological weapon, preventing an accidental or naturally occurring biological outbreak, and mitigating the effects of a biological epidemic. (4) A description of the roles and responsibil- ities of the Executive Agencies, including in- ternal and external coordination procedures, in identifying and sharing information related to, warning of, and protection against, acts of terrorism using biological agents and weapons and accidental or naturally occurring biologi- cal outbreaks. (5) An articulation of related or required interagency capabilities and whole-of-Govern- ment activities required to support the na- tional biodefense strategy. (6) Recommendations for strengthening and improving the current biodefense capabilities, authorities, and command structures of the United States Government. (7) Recommendations for improving and for- malizing interagency coordination and sup- port mechanisms with respect to providing a robust national biodefense. (8) Any other matters the Secretary of De- fense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture determine necessary. (c) Submittal to Congress Not later than 275 days after December 23, 2016, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agri- culture shall submit to the appropriate congres- sional committees the strategy and associated implementation plan required by subsection (a). The strategy and implementation plan shall be submitted in unclassified form, but may include a classified annex. (d) Briefings Not later than March 1, 2017, and annually thereafter until March 1, 2025, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall provide to the Committee on Armed Services of the House of Representatives, the Committee on En- ergy and Commerce of the House of Representa- tives, the Committee on Homeland Security of the House of Representatives, and the Com- mittee on Agriculture of the House of Rep- resentatives a joint briefing on the strategy de- veloped under subsection (a) and the status of the implementation of such strategy. (e) GAO Review Not later than 180 days after the date of the submittal of the strategy and implementation