§ 1528. Congressional notification of biological select agent and toxin theft, loss, or release involving the Department of Defense

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title X § 1067 · 130 Stat. 2000

   Enacted · 50 U.S.C. § 1528

   Pub. L. 114–328, div. A, title X, § 1067, Dec. 23, 2016, 130 Stat. 2411

   Source evidence

   Code source credit
   Pub. L. 114–328, div. A, title X, § 1067, Dec. 23, 2016, 130 Stat. 2411

   Enacted provision · exact public law section
   SEC. 1067. CONGRESSIONAL NOTIFICATION OF BIOLOGICAL SELECT AGENT AND TOXIN THEFT, LOSS, OR RELEASE INVOLVING THE DEPARTMENT OF DEFENSE. (a) Notification Requirement.— Not later than 15 days after notice of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is provided to the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, as specified by section 331.19 of part 7 of the Code of Federal Regulations, the Secretary of Defense shall provide to the congressional defense committees notice of such theft, loss, or release. (b) Elements.— Notice of a theft, loss, or release of a biological select agent or toxin under subsection (a) shall include each of the following: (1) The name of the agent or toxin and any identifying information, including the strain or other relevant characterization information. (2) An estimate of the quantity of the agent or toxin stolen, lost, or released. (3) The location or facility from which the theft, loss, or release occurred. (4) In the case of a release, any hazards posed by the release and the number of individuals potentially exposed to the agent or toxin. (5) Actions taken to respond to the theft, loss, or release.

2. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 div. A title X § 1061(f) · 137 Stat. 136

   Amended · 50 U.S.C. § 1528(a)

   Pub. L. 118–31 amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 15 days after notice of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is provided to the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, as specified by section 331.19 of part 7 of the Code of Federal Regulations, the Secretary of Defense shall provide to the congressional defense committees notice of such theft, loss, or release.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 118–31 amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 15 days after notice of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is provided to the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, as specified by section 331.19 of part 7 of the Code of Federal Regulations, the Secretary of Defense shall provide to the congressional defense committees notice of such theft, loss, or release.”

   Enacted provision · exact public law section
   (f) Theft, Loss, or Release of Biological Select Agents or Toxins Involving Department of Defense.— Section 1067(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 1528(a)) is amended to read as follows: “(a) Notification.— (1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release. “(2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety. “(3) In this subsection, the term ‘covered report’ means a report filed under any of the following (or any successor regulations): “(A) Section 331.19 of title 7, Code of Federal Regulations. “(B) Section 121.19 of title 9, Code of Federal Regulations. “(C) Section 73.19 of title 42, Code of Federal Regulations.” .

3. 2024

   Pub. L. 118–159 div. A title XVI § 1621(d)(5) · 138 Stat. 2171

   Substituted · 50 U.S.C. § 1528(a)(1)

   Pub. L. 118–159 substituted “Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs” for “Nuclear, Chemical, and Biological Defense Programs”

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 118–159 substituted “Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs” for “Nuclear, Chemical, and Biological Defense Programs”.

2 of 3 references resolved to an enrolled provision · 1 unresolved