6 U.S.C. § 181 Under Secretary for Science and Technology
There shall be in the Department a Directorate of Science and Technology headed by an Under Secretary for Science and Technology.
USC Subchapter III
USC Subchapter III
in effect6 U.S.C. § 182 Responsibilities and authorities of the Under Secretary for Science and Technology
The Secretary, acting through the Under Secretary for Science and Technology, shall have the responsibility for—
(1) advising the Secretary regarding research and development efforts and priorities in support of the Department’s missions;
(2) developing, in consultation with other appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Government’s civilian efforts to identify and develop countermeasures to chemical, biological, and other emerging terrorist threats, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts;
(3) supporting the Under Secretary for Intelligence and Analysis and the Director of the Cybersecurity and Infrastructure Security Agency, by assessing and testing homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both intramural and extramural programs, except that such responsibility does not extend to human health-related research and development activities;
(5) establishing priorities for, directing, funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for—(A) preventing the importation of chemical, biological, and related weapons and material; and (B) detecting, preventing, protecting against, and responding to terrorist attacks;
(6) establishing a system for transferring homeland security developments or technologies to Federal, State, local government, and private sector entities;
(7) entering into work agreements, joint sponsorships, contracts, or any other agreements with the Department of Energy regarding the use of the national laboratories or sites and support of the science and technology base at those facilities;
(8) collaborating with the Secretary of Agriculture and the Attorney General as provided in section 8401 of title 7;
(9) collaborating with the Secretary of Health and Human Services and the Attorney General in determining any new biological agents and toxins that shall be listed as “select agents” in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 262a of title 42;
(10) supporting United States leadership in science and technology;
(11) establishing and administering the primary research and development activities of the Department, including the long-term research and development needs and capabilities for all elements of the Department;
(12) coordinating and integrating all research, development, demonstration, testing, and evaluation activities of the Department;
(13) coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of the Department to reduce duplication and identify unmet needs;
(14) developing and overseeing the administration of guidelines for merit review of research and development projects throughout the Department, and for the dissemination of research conducted or sponsored by the Department; and
(15) carrying out, in coordination with the Drug Enforcement Administration, research, development, testing, evaluation, and cost-benefit analyses to improve the safety, effectiveness, and efficiency of equipment and the effectiveness and efficiency of reference libraries for use by Federal, State, local, Tribal, and territorial law enforcement agencies for the accurate detection of drugs, such as fentanyl and xylazine, including—(A) portable equipment that can detect and identify drugs with minimal or no handling of the sample; (B) equipment that can separate complex mixtures containing low concentrations of drugs and high concentrations of cutting agents into their component parts to enable signature extraction for field identification and detection; and (C) technologies that use machine learning or artificial intelligence (as defined in section 9401 of title 15) and other techniques to predict whether the substances in a sample are controlled substance analogues or other new psychoactive substances not yet included in available reference libraries.
6 U.S.C. § 183 Functions transferred
In accordance with subchapter XII, there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of the following entities:
(1) The following programs and activities of the Department of Energy, including the functions of the Secretary of Energy relating thereto (but not including programs and activities relating to the strategic nuclear defense posture of the United States):(A) The chemical and biological national security and supporting programs and activities of the nonproliferation and verification research and development program. (B) The nuclear smuggling programs and activities within the proliferation detection program of the nonproliferation and verification research and development program. The programs and activities described in this subparagraph may be designated by the President either for transfer to the Department or for joint operation by the Secretary and the Secretary of Energy. (C) The nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program. (D) Such life sciences activities of the biological and environmental research program related to microbial pathogens as may be designated by the President for transfer to the Department. (E) The Environmental Measurements Laboratory. (F) The advanced scientific computing research program and activities at Lawrence Livermore National Laboratory.
(2) The National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto.
6 U.S.C. § 184 Conduct of certain public health-related activities
(a) In generalWith respect to civilian human health-related research and development activities relating to countermeasures for chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities, goals, objectives, and policies and develop a coordinated strategy for such activities in collaboration with the Secretary of Homeland Security to ensure consistency with the national policy and strategic plan developed pursuant to section 182(2) of this title.
(b) Evaluation of progressIn carrying out subsection (a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
6 U.S.C. § 185 Federally funded research and development centers
The Secretary, acting through the Under Secretary for Science and Technology, shall have the authority to establish or contract with 1 or more federally funded research and development centers to provide independent analysis of homeland security issues, or to carry out other responsibilities under this chapter, including coordinating and integrating both the extramural and intramural programs described in section 188 of this title.
6 U.S.C. § 186 Miscellaneous provisions
(a) ClassificationTo the greatest extent practicable, research conducted or supported by the Department shall be unclassified.
(b) ConstructionNothing in this subchapter shall be construed to preclude any Under Secretary of the Department from carrying out research, development, demonstration, or deployment activities, as long as such activities are coordinated through the Under Secretary for Science and Technology.
(c) RegulationsThe Secretary, acting through the Under Secretary for Science and Technology, may issue necessary regulations with respect to research, development, demonstration, testing, and evaluation activities of the Department, including the conducting, funding, and reviewing of such activities.
(d) Notification of Presidential life sciences designationsNot later than 60 days before effecting any transfer of Department of Energy life sciences activities pursuant to section 183(1)(D) of this title, the President shall notify the appropriate congressional committees of the proposed transfer and shall include the reasons for the transfer and a description of the effect of the transfer on the activities of the Department of Energy.
6 U.S.C. § 187 Homeland Security Advanced Research Projects Agency
(a) DefinitionsIn this section:(1) FundThe term “Fund” means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c). (2) Homeland security researchThe term “homeland security research” means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism. (3) HSARPAThe term “HSARPA” means the Homeland Security Advanced Research Projects Agency established in subsection (b). (4) Under SecretaryThe term “Under Secretary” means the Under Secretary for Science and Technology.
(b) Homeland Security Advanced Research Projects Agency(1) EstablishmentThere is established the Homeland Security Advanced Research Projects Agency. (2) DirectorHSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary. (3) ResponsibilitiesThe Director shall administer the Fund to award competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities. The Director shall administer the Fund to—(A) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security; (B) advance the development, testing and evaluation, and deployment of critical homeland security technologies; (C) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities; and (D) conduct research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics. (4) Targeted competitionsThe Director may solicit proposals to address specific vulnerabilities identified by the Director. (5) CoordinationThe Director shall ensure that the activities of HSARPA are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies. (6) PersonnelIn hiring personnel for HSARPA, the Secretary shall have the hiring and management authorities described in section 1101 11 See References in Text note below. of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105–261). The term of appointments for employees under subsection (c)(1) of that section may not exceed 5 years before the granting of any extension under subsection (c)(2) of that section. (7) DemonstrationsThe Director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel.
(c) Fund(1) EstablishmentThere is established the Acceleration Fund for Research and Development of Homeland Security Technologies, which shall be administered by the Director of HSARPA. (2) Authorization of appropriationsThere are authorized to be appropriated $500,000,000 to the Fund for fiscal year 2003 and such sums as may be necessary thereafter. (3) Coast GuardOf the funds authorized to be appropriated under paragraph (2), not less than 10 percent of such funds for each fiscal year through fiscal year 2005 shall be authorized only for the Under Secretary, through joint agreement with the Commandant of the Coast Guard, to carry out research and development of improved ports, waterways and coastal security surveillance and perimeter protection capabilities for the purpose of minimizing the possibility that Coast Guard cutters, aircraft, helicopters, and personnel will be diverted from non-homeland security missions to the ports, waterways and coastal security mission.
6 U.S.C. § 188 Conduct of research, development, demonstration, testing and evaluation
(a) In generalThe Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs.
(b) Extramural programs(1) In generalThe Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to—(A) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate; (B) ensure that the research funded is of high quality, as determined through merit review processes developed under section 182(14) of this title; and (C) distribute funds through grants, cooperative agreements, and contracts. (2) University-based centers for homeland security(A) DesignationThe Secretary, acting through the Under Secretary for Science and Technology, shall designate a university-based center or several university-based centers for homeland security. The purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the Nation’s homeland security. (B) Criteria for designationCriteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in—(i) The training of first responders. (ii) Responding to incidents involving weapons of mass destruction and biological warfare. (iii) Emergency and diagnostic medical services. (iv) Chemical, biological, radiological, and nuclear countermeasures or detection. (v) Animal and plant health and diagnostics. (vi) Food safety. (vii) Water and wastewater operations. (viii) Port and waterway security. (ix) Multi-modal transportation. (x) Information security and information engineering. (xi) Engineering. (xii) Educational outreach and technical assistance. (xiii) Border transportation and security. (xiv) The public policy implications and public dissemination of homeland security related research and development. (C) Discretion of SecretaryTo the extent that exercising such discretion is in the interest of homeland security, and with respect to the designation of any given university-based center for homeland security, the Secretary may except certain criteria as specified in subparagraph (B) and consider additional criteria beyond those specified in subparagraph (B). Upon designation of a university-based center for homeland security, the Secretary shall that day publish in the Federal Register the criteria that were excepted or added in the selection process and the justification for the set of criteria that were used for that designation. (D) Report to CongressThe Secretary shall report annually, from the date of enactment, to Congress concerning the implementation of this section. That report shall indicate which center or centers have been designated and how the designation or designations enhance homeland security, as well as report any decisions to revoke or modify such designations. (E) Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(c) Intramural programs(1) ConsultationIn carrying out the duties under section 182 of this title, the Secretary, acting through the Under Secretary for Science and Technology, may draw upon the expertise of any laboratory of the Federal Government, whether operated by a contractor or the Government. (2) LaboratoriesThe Secretary, acting through the Under Secretary for Science and Technology, may establish a headquarters laboratory for the Department at any laboratory or site and may establish additional laboratory units at other laboratories or sites. (3) Criteria for headquarters laboratoryIf the Secretary chooses to establish a headquarters laboratory pursuant to paragraph (2), then the Secretary shall do the following:(A) Establish criteria for the selection of the headquarters laboratory in consultation with the National Academy of Sciences, appropriate Federal agencies, and other experts. (B) Publish the criteria in the Federal Register. (C) Evaluate all appropriate laboratories or sites against the criteria. (D) Select a laboratory or site on the basis of the criteria. (E) Report to the appropriate congressional committees on which laboratory was selected, how the selected laboratory meets the published criteria, and what duties the headquarters laboratory shall perform. (4) Limitation on operation of laboratoriesNo laboratory shall begin operating as the headquarters laboratory of the Department until at least 30 days after the transmittal of the report required by paragraph (3)(E).
(d) Preference for United States industry(1) DefinitionsIn this subsection:(A) Country of concernThe term “country of concern” means a country that—(i) is a covered nation, as such term is defined in section 4872(d) of title 10; or (ii) the Secretary determines is engaged in conduct that is detrimental to the national security of the United States. (B) Nonprofit organization; small business firm; subject inventionThe terms “nonprofit organization”, “small business firm”, and “subject invention” have the meanings given such terms in section 201 of title 35. (C) Manufactured substantially in the United StatesThe term “manufactured substantially in the United States” means an item is a domestic end product. (D) Domestic end productThe term “domestic end product” has the meaning given such term in section 25.003 of title 48, Code of Federal Regulations, or any successor thereto. (3) 11 So in original. There is no par. (2). Waivers(A) In generalSubject to subparagraph (B), in individual cases, the requirements under section 204 of title 35 may be waived by the Secretary upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible. (B) Conditions on waivers granted by Department(i) Before grant of waiverBefore granting a waiver under subparagraph (A), the Secretary shall comply with the procedures developed and implemented by the Department pursuant to section 70923(b)(2) of the Build America, Buy America Act (enacted as subtitle A of title IX of division G of Public Law 117–58). (ii) Prohibition on granting certain waiversThe Secretary may not grant a waiver under subparagraph (A) if, as a result of such waiver, products embodying the applicable subject invention, or produced through the use of the applicable subject invention, would be manufactured substantially in a country of concern.
6 U.S.C. § 189 Utilization of Department of Energy national laboratories and sites in support of homeland security activities
(a) Authority to utilize national laboratories and sites(1) In generalIn carrying out the missions of the Department, the Secretary may utilize the Department of Energy national laboratories and sites through any 1 or more of the following methods, as the Secretary considers appropriate:(A) A joint sponsorship arrangement referred to in subsection (b). (B) A direct contract between the Department and the applicable Department of Energy laboratory or site, subject to subsection (c). (C) Any “work for others” basis made available by that laboratory or site. (D) Any other method provided by law. (2) Acceptance and performance by labs and sitesNotwithstanding any other law governing the administration, mission, use, or operations of any of the Department of Energy national laboratories and sites, such laboratories and sites are authorized to accept and perform work for the Secretary, consistent with resources provided, and perform such work on an equal basis to other missions at the laboratory and not on a noninterference basis with other missions of such laboratory or site.
(b) Joint sponsorship arrangements(1) LaboratoriesThe Department may be a joint sponsor, under a multiple agency sponsorship arrangement with the Department of Energy, of 1 or more Department of Energy national laboratories in the performance of work. (2) SitesThe Department may be a joint sponsor of a Department of Energy site in the performance of work as if such site were a federally funded research and development center and the work were performed under a multiple agency sponsorship arrangement with the Department. (3) Primary sponsorThe Department of Energy shall be the primary sponsor under a multiple agency sponsorship arrangement referred to in paragraph (1) or (2). (4) Lead agentThe Secretary of Energy shall act as the lead agent in coordinating the formation and performance of a joint sponsorship arrangement under this subsection between the Department and a Department of Energy national laboratory or site. (5) Federal Acquisition RegulationAny work performed by a Department of Energy national laboratory or site under a joint sponsorship arrangement under this subsection shall comply with the policy on the use of federally funded research and development centers under the Federal Acquisition Regulations. (6) FundingThe Department shall provide funds for work at the Department of Energy national laboratories or sites, as the case may be, under a joint sponsorship arrangement under this subsection under the same terms and conditions as apply to the primary sponsor of such national laboratory under section 3303(a)(1)(C) of title 41 or of such site to the extent such section applies to such site as a federally funded research and development center by reason of this subsection.
(c) Separate contractingTo the extent that programs or activities transferred by this chapter from the Department of Energy to the Department of Homeland Security are being carried out through direct contracts with the operator of a national laboratory or site of the Department of Energy, the Secretary of Homeland Security and the Secretary of Energy shall ensure that direct contracts for such programs and activities between the Department of Homeland Security and such operator are separate from the direct contracts of the Department of Energy with such operator.
(d) Authority with respect to cooperative research and development agreements and licensing agreementsIn connection with any utilization of the Department of Energy national laboratories and sites under this section, the Secretary may permit the director of any such national laboratory or site to enter into cooperative research and development agreements or to negotiate licensing agreements with any person, any agency or instrumentality, of the United States, any unit of State or local government, and any other entity under the authority granted by section 3710a of title 15. Technology may be transferred to a non-Federal party to such an agreement consistent with the provisions of sections 3710 and 3710a of title 15.
(e) Reimbursement of costsIn the case of an activity carried out by the operator of a Department of Energy national laboratory or site in connection with any utilization of such laboratory or site under this section, the Department of Homeland Security shall reimburse the Department of Energy for costs of such activity through a method under which the Secretary of Energy waives any requirement for the Department of Homeland Security to pay administrative charges or personnel costs of the Department of Energy or its contractors in excess of the amount that the Secretary of Energy pays for an activity carried out by such contractor and paid for by the Department of Energy.
(f) Laboratory directed research and development by the Department of EnergyNo funds authorized to be appropriated or otherwise made available to the Department in any fiscal year may be obligated or expended for laboratory directed research and development activities carried out by the Department of Energy unless such activities support the missions of the Department of Homeland Security.
(g) Office for National LaboratoriesThere is established within the Directorate of Science and Technology an Office for National Laboratories, which shall be responsible for the coordination and utilization of the Department of Energy national laboratories and sites under this section in a manner to create a networked laboratory system for the purpose of supporting the missions of the Department.
(h) Department of Energy coordination on homeland security related researchThe Secretary of Energy shall ensure that any research, development, test, and evaluation activities conducted within the Department of Energy that are directly or indirectly related to homeland security are fully coordinated with the Secretary to minimize duplication of effort and maximize the effective application of Federal budget resources.
6 U.S.C. § 190 Transfer of Plum Island Animal Disease Center, Department of Agriculture
(a) In generalIn accordance with subchapter XII, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center.
(b) Continued Department of Agriculture accessOn completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Department of Agriculture is able to carry out research, diagnostic, and other activities of the Department of Agriculture at the Center.
(c) Direction of activitiesThe Secretary of Agriculture shall continue to direct the research, diagnostic, and other activities of the Department of Agriculture at the Center described in subsection (b).
(d) Notification(1) In generalAt least 180 days before any change in the biosafety level at the Plum Island Animal Disease Center, the President shall notify Congress of the change and describe the reasons for the change. (2) LimitationNo change described in paragraph (1) may be made earlier than 180 days after the completion of the transition period (as defined in section 541 of this title).
6 U.S.C. § 191 Homeland Security Science and Technology Advisory Committee
(a) EstablishmentThere is established within the Department a Homeland Security Science and Technology Advisory Committee (in this section referred to as the “Advisory Committee”). The Advisory Committee shall make recommendations with respect to the activities of the Under Secretary for Science and Technology, including identifying research areas of potential importance to the security of the Nation.
(b) Membership(1) AppointmentThe Advisory Committee shall consist of 20 members appointed by the Under Secretary for Science and Technology, which shall include emergency first-responders or representatives of organizations or associations of emergency first-responders. The Advisory Committee shall also include representatives of citizen groups, including economically disadvantaged communities. The individuals appointed as members of the Advisory Committee—(A) shall be eminent in fields such as emergency response, research, engineering, new product development, business, and management consulting; (B) shall be selected solely on the basis of established records of distinguished service; (C) shall not be employees of the Federal Government; and (D) shall be so selected as to provide representation of a cross-section of the research, development, demonstration, and deployment activities supported by the Under Secretary for Science and Technology. (2) National Research CouncilThe Under Secretary for Science and Technology may enter into an arrangement for the National Research Council to select members of the Advisory Committee, but only if the panel used by the National Research Council reflects the representation described in paragraph (1).
(c) Terms of office(1) In generalExcept as otherwise provided in this subsection, the term of office of each member of the Advisory Committee shall be 3 years. (2) Original appointmentsThe original members of the Advisory Committee shall be appointed to three classes. One class of six shall have a term of 1 year, one class of seven a term of 2 years, and one class of seven a term of 3 years. (3) VacanciesA member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.
(d) EligibilityA person who has completed two consecutive full terms of service on the Advisory Committee shall thereafter be ineligible for appointment during the 1-year period following the expiration of the second such term.
(e) MeetingsThe Advisory Committee shall meet at least quarterly at the call of the Chair or whenever one-third of the members so request in writing. Each member shall be given appropriate notice of the call of each meeting, whenever possible not less than 15 days before the meeting.
(f) QuorumA majority of the members of the Advisory Committee not having a conflict of interest in the matter being considered by the Advisory Committee shall constitute a quorum.
(g) Conflict of interest rulesThe Advisory Committee shall establish rules for determining when 1 of its members has a conflict of interest in a matter being considered by the Advisory Committee.
(h) Reports(1) Annual reportThe Advisory Committee shall render an annual report to the Under Secretary for Science and Technology for transmittal to Congress on or before January 31 of each year. Such report shall describe the activities and recommendations of the Advisory Committee during the previous year. (2) Additional reportsThe Advisory Committee may render to the Under Secretary for transmittal to Congress such additional reports on specific policy matters as it considers appropriate.
(i) Exemption from chapter 10 of title 5Section 1013 of title 5 shall not apply to the Advisory Committee.
(j) TerminationThe Department of Homeland Security Science and Technology Advisory Committee shall terminate on December 31, 2008.
6 U.S.C. § 192 Homeland Security Institute
(a) EstablishmentThe Secretary shall establish a federally funded research and development center to be known as the “Homeland Security Institute” (in this section referred to as the “Institute”).
(b) AdministrationThe Institute shall be administered as a separate entity by the Secretary.
(c) DutiesThe duties of the Institute shall be determined by the Secretary, and may include the following:(1) Systems analysis, risk analysis, and simulation and modeling to determine the vulnerabilities of the Nation’s critical infrastructures and the effectiveness of the systems deployed to reduce those vulnerabilities. (2) Economic and policy analysis to assess the distributed costs and benefits of alternative approaches to enhancing security. (3) Evaluation of the effectiveness of measures deployed to enhance the security of institutions, facilities, and infrastructure that may be terrorist targets. (4) Identification of instances when common standards and protocols could improve the interoperability and effective utilization of tools developed for field operators and first responders. (5) Assistance for Federal agencies and departments in establishing testbeds to evaluate the effectiveness of technologies under development and to assess the appropriateness of such technologies for deployment. (6) Design of metrics and use of those metrics to evaluate the effectiveness of homeland security programs throughout the Federal Government, including all national laboratories. (7) Design of and support for the conduct of homeland security-related exercises and simulations. (8) Creation of strategic technology development plans to reduce vulnerabilities in the Nation’s critical infrastructure and key resources.
(d) Consultation on Institute activitiesIn carrying out the duties described in subsection (c), the Institute shall consult widely with representatives from private industry, institutions of higher education, nonprofit institutions, other Government agencies, and federally funded research and development centers.
(e) Use of centersThe Institute shall utilize the capabilities of the National Infrastructure Simulation and Analysis Center.
(f) Annual reportsThe Institute shall transmit to the Secretary and Congress an annual report on the activities of the Institute under this section.
(g) TerminationThe Homeland Security Institute shall terminate 5 years after its establishment.
6 U.S.C. § 193 Technology clearinghouse to encourage and support innovative solutions to enhance homeland security
(a) Establishment of programThe Secretary, acting through the Under Secretary for Science and Technology, shall establish and promote a program to encourage technological innovation in facilitating the mission of the Department (as described in section 111 of this title).
(b) Elements of programThe program described in subsection (a) shall include the following components:(1) The establishment of a centralized Federal clearinghouse for information relating to technologies that would further the mission of the Department for dissemination, as appropriate, to Federal, State, and local government and private sector entities for additional review, purchase, or use. (2) The issuance of announcements seeking unique and innovative technologies to advance the mission of the Department. (3) The establishment of a technical assistance team to assist in screening, as appropriate, proposals submitted to the Secretary (except as provided in subsection (c)(2)) to assess the feasibility, scientific and technical merits, and estimated cost of such proposals, as appropriate. (4) The provision of guidance, recommendations, and technical assistance, as appropriate, to assist Federal, State, and local government and private sector efforts to evaluate and implement the use of technologies described in paragraph (1) or (2). (5) The provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland security, including information relating to Federal funding, regulation, or acquisition.
(c) Miscellaneous provisions(1) In generalNothing in this section shall be construed as authorizing the Secretary or the technical assistance team established under subsection (b)(3) to set standards for technology to be used by the Department, any other executive agency, any State or local government entity, or any private sector entity. (2) Certain proposalsThe technical assistance team established under subsection (b)(3) shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement. (3) CoordinationIn carrying out this section, the Secretary shall coordinate with the Technical Support Working Group (organized under the April 1982 National Security Decision Directive Numbered 30).
6 U.S.C. § 194 Enhancement of public safety communications interoperability
(a) Coordination of public safety interoperable communications programs(1) ProgramThe Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall—(A) establish a comprehensive national approach to achieving public safety interoperable communications; (B) coordinate with other Federal agencies in carrying out subparagraph (A); (C) develop, in consultation with other appropriate Federal agencies and State and local authorities, appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety agencies; (D) accelerate, in consultation with other Federal agencies, including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications, recognizing—(i) the value, life cycle, and technical capabilities of existing communications infrastructure; (ii) the need for cross-border interoperability between States and nations; (iii) the unique needs of small, rural communities; and (iv) the interoperability needs for daily operations and catastrophic events; (E) encourage the development and implementation of flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability; (F) assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications; (G) identify priorities within the Department of Homeland Security for research, development, and testing and evaluation with regard to public safety interoperable communications; (H) establish coordinated guidance for Federal grant programs for public safety interoperable communications; (I) provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability; (J) develop and disseminate best practices to improve public safety communications interoperability; and (K) develop appropriate performance measures and milestones to systematically measure the Nation’s progress toward achieving public safety communications interoperability, including the development of national voluntary consensus standards. (2) Office for Interoperability and Compatibility(A) Establishment of OfficeThe Secretary may establish an Office for Interoperability and Compatibility within the Directorate of Science and Technology to carry out this subsection. (B) FunctionsIf the Secretary establishes such office, the Secretary shall, through such office—(i) carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and (ii) carry out section 510 11 See References in Text note below. of the Homeland Security Act of 2002, as added by subsection (d). (3) Authorization of appropriationsThere are authorized to be appropriated to the Secretary to carry out this subsection—(A) $22,105,000 for fiscal year 2005; (B) $22,768,000 for fiscal year 2006; (C) $23,451,000 for fiscal year 2007; (D) $24,155,000 for fiscal year 2008; and (E) $24,879,000 for fiscal year 2009.
(b) ReportNot later than 120 days after December 17, 2004, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications, a schedule of milestones for such development, and achievements of such development.
(c) International interoperabilityNot later than 18 months after December 17, 2004, the President shall establish a mechanism for coordinating cross-border interoperability issues between—(1) the United States and Canada; and (2) the United States and Mexico.
(d) Omitted
(e) Multiyear interoperability grants(1) Multiyear commitmentsIn awarding grants to any State, region, local government, or Indian tribe for the purposes of enhancing interoperable communications capabilities for emergency response providers, the Secretary may commit to obligate Federal assistance beyond the current fiscal year, subject to the limitations and restrictions in this subsection. (2) Restrictions(A) Time limitNo multiyear interoperability commitment may exceed 3 years in duration. (B) Amount of committed fundsThe total amount of assistance the Secretary has committed to obligate for any future fiscal year under paragraph (1) may not exceed $150,000,000. (3) Letters of intent(A) IssuancePursuant to paragraph (1), the Secretary may issue a letter of intent to an applicant committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for an interoperability communications project (including interest costs and costs of formulating the project). (B) ScheduleA letter of intent under this paragraph shall establish a schedule under which the Secretary will reimburse the applicant for the Federal Government’s share of the project’s costs, as amounts become available, if the applicant, after the Secretary issues the letter, carries out the project before receiving amounts under a grant issued by the Secretary. (C) Notice to SecretaryAn applicant that is issued a letter of intent under this subsection shall notify the Secretary of the applicant’s intent to carry out a project pursuant to the letter before the project begins. (D) Notice to CongressThe Secretary shall transmit a written notification to the Congress no later than 3 days before the issuance of a letter of intent under this section. (E) LimitationsA letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 and is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. (F) Statutory constructionNothing in this subsection shall be construed—(i) to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued; or (ii) to apply to, or replace, Federal assistance intended for interoperable communications that is not provided pursuant to a commitment under this subsection.
(f) Interoperable communications plansAny applicant requesting funding assistance from the Secretary for interoperable communications for emergency response providers shall submit an Interoperable Communications Plan to the Secretary for approval. Such a plan shall—(1) describe the current state of communications interoperability in the applicable jurisdictions among Federal, State, and local emergency response providers and other relevant private resources; (2) describe the available and planned use of public safety frequency spectrum and resources for interoperable communications within such jurisdictions; (3) describe how the planned use of spectrum and resources for interoperable communications is compatible with surrounding capabilities and interoperable communications plans of Federal, State, and local governmental entities, military installations, foreign governments, critical infrastructure, and other relevant entities; (4) include a 5-year plan for the dedication of Federal, State, and local government and private resources to achieve a consistent, secure, and effective interoperable communications system, including planning, system design and engineering, testing and technology development, procurement and installation, training, and operations and maintenance; (5) describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the Secretary; (6) include information on the governance structure used to develop the plan, including such information about all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; and (7) describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the jurisdiction, and the process for continuing to incorporate such input.
(g) DefinitionsIn this section:(1) Interoperable communicationsThe term “interoperable communications” means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary, through a dedicated public safety network utilizing information technology systems and radio communications systems, and to exchange voice, data, and video with one another on demand, in real time, as necessary. (2) Emergency response providersThe term “emergency response providers” has the meaning that term has under section 101 of this title.
(h) Omitted
(i) Sense of Congress regarding interoperable communications(1) FindingThe Congress finds that—(A) many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and (B) their inability to do so threatens the public’s safety and may result in unnecessary loss of lives and property. (2) Sense of CongressIt is the sense of Congress that interoperable emergency communications systems and radios should continue to be deployed as soon as practicable for use by the first responder community, and that upgraded and new digital communications systems and new digital radios must meet prevailing national, voluntary consensus standards for interoperability.
6 U.S.C. § 195 Office for Interoperability and Compatibility
(a) Clarification of responsibilitiesThe Director of the Office for Interoperability and Compatibility shall—(1) assist the Secretary in developing and implementing the science and technology aspects of the program described in subparagraphs (D), (E), (F), and (G) of section 194(a)(1) of this title; (2) in coordination with the Federal Communications Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, support the creation of national voluntary consensus standards for interoperable emergency communications; (3) establish a comprehensive research, development, testing, and evaluation program for improving interoperable emergency communications; (4) establish, in coordination with the Director for Emergency Communications,11 See Change of Name note below. requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the Department, excluding any alert and warning device, technology, or system; (5) carry out the Department’s responsibilities and authorities relating to research, development, testing, evaluation, or standards-related elements of the SAFECOM Program; (6) evaluate and assess new technology in real-world environments to achieve interoperable emergency communications capabilities; (7) encourage more efficient use of existing resources, including equipment, to achieve interoperable emergency communications capabilities; (8) test public safety communications systems that are less prone to failure, support new nonvoice services, use spectrum more efficiently, and cost less than existing systems; (9) coordinate with the private sector to develop solutions to improve emergency communications capabilities and achieve interoperable emergency communications capabilities; and (10) conduct pilot projects, in coordination with the Director for Emergency Communications,1 to test and demonstrate technologies, including data and video, that enhance—(A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and (B) interoperable emergency communications capabilities.
(b) CoordinationThe Director of the Office for Interoperability and Compatibility shall coordinate with the Director for Emergency Communications 1 with respect to the SAFECOM program.
(c) Sufficiency of resourcesThe Secretary shall provide the Office for Interoperability and Compatibility the resources and staff necessary to carry out the responsibilities under this section.
6 U.S.C. § 195a Emergency communications interoperability research and development
(a) In generalThe Under Secretary for Science and Technology, acting through the Director of the Office for Interoperability and Compatibility, shall establish a comprehensive research and development program to support and promote—(1) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and (2) interoperable emergency communications capabilities among emergency response providers and relevant government officials, including by—(A) supporting research on a competitive basis, including through the Directorate of Science and Technology and Homeland Security Advanced Research Projects Agency; and (B) considering the establishment of a Center of Excellence under the Department of Homeland Security Centers of Excellence Program focused on improving emergency response providers’ communication capabilities.
(b) PurposesThe purposes of the program established under subsection (a) include—(1) supporting research, development, testing, and evaluation on emergency communication capabilities; (2) understanding the strengths and weaknesses of the public safety communications systems in use; (3) examining how current and emerging technology can make emergency response providers more effective, and how Federal, State, local, and tribal government agencies can use this technology in a coherent and cost-effective manner; (4) investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and potential systemic changes to dramatically improve emergency communications; and (5) evaluating and validating advanced technology concepts, and facilitating the development and deployment of interoperable emergency communication capabilities.
(c) DefinitionsFor purposes of this section, the term “interoperable”, with respect to emergency communications, has the meaning given the term in section 578 of this title.
6 U.S.C. § 195b National Biosurveillance Integration Center
(a) EstablishmentThe Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall establish, operate, and maintain a National Biosurveillance Integration Center (referred to in this section as the “NBIC”), which shall be headed by a Directing Officer, under an office or directorate of the Department that is in existence as of August 3, 2007.
(b) Primary missionThe primary mission of the NBIC is to—(1) enhance the capability of the Federal Government to—(A) rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and (B) disseminate alerts and other information to Member Agencies and, in coordination with (and where possible through) Member Agencies, to agencies of State, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national concern; and (2) oversee development and operation of the National Biosurveillance Integration System.
(c) RequirementsThe NBIC shall detect, as early as possible, a biological event of national concern that presents a risk to the United States or the infrastructure or key assets of the United States, including by—(1) consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events of national concern across human, animal, and plant species; (2) seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps; (3) using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable; (4) providing the infrastructure for such integration, including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data; (5) working with Member Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; and (6) alerting Member Agencies and, in coordination with (and where possible through) Member Agencies, public health agencies of State, local, and tribal governments regarding any incident that could develop into a biological event of national concern.
(d) Responsibilities of the Directing Officer of the NBIC(1) In generalThe Directing Officer of the NBIC shall—(A) on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the NBIC and those systems that could enhance biological situational awareness or the overall performance of the NBIC; (B) on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the NBIC; (C) receive and consider other relevant homeland security information, as appropriate; and (D) provide technical assistance, as appropriate, to all Federal, regional, State, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the NBIC. (2) AssessmentsThe Directing Officer of the NBIC shall—(A) on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and (B) integrate homeland security information with NBIC data to provide overall situational awareness and determine whether a biological event of national concern has occurred. (3) Information sharing(A) In generalThe Directing Officer of the NBIC shall—(i) establish a method of real-time communication with the National Operations Center; (ii) in the event that a biological event of national concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and tribal governmental response entities in a timely manner; (iii) provide any report on NBIC assessments to Member Agencies and, in coordination with relevant Member Agencies, any affected regional, State, local, or tribal government, and any private sector entity considered appropriate that may enhance the mission of such Member Agencies, governments, or entities or the ability of the Nation to respond to biological events of national concern; and (iv) share NBIC incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under section 485 of this title and any policies, guidelines, procedures, instructions, or standards established under that section. (B) ConsultationThe Directing Officer of the NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under section 485 of this title and in consultation with the Director of National Intelligence, the Under Secretary for Intelligence and Analysis, and other offices or agencies of the Federal Government, as appropriate.
(e) Responsibilities of the NBIC member agencies(1) 11 So in original. No par. (2) has been enacted. In generalEach Member Agency shall—(A) use its best efforts to integrate biosurveillance information into the NBIC, with the goal of promoting information sharing between Federal, State, local, and tribal governments to detect biological events of national concern; (B) provide timely information to assist the NBIC in maintaining biological situational awareness for accurate detection and response purposes; (C) enable the NBIC to receive and use biosurveillance information from member agencies to carry out its requirements under subsection (c); (D) connect the biosurveillance data systems of that Member Agency to the NBIC data system under mutually agreed protocols that are consistent with subsection (c)(5); (E) participate in the formation of strategy and policy for the operation of the NBIC and its information sharing; (F) provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications of such personnel necessary to provide human, animal, and environmental data analysis and interpretation support to the NBIC; and (G) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable.
(f) Administrative authorities(1) Hiring of expertsThe Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIC. (2) Detail of personnelUpon the request of the Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Department to assist the NBIC in carrying out this section.
(g) NBIC interagency working groupThe Directing Officer of the NBIC shall—(1) establish an interagency working group to facilitate interagency cooperation and to advise the Directing Officer of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and (2) invite Member Agencies to serve on that working group.
(h) Relationship to other departments and agenciesThe authority of the Directing Officer of the NBIC under this section shall not affect any authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency.
(i) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.
(j) DefinitionsIn this section:(1) The terms “biological agent” and “toxin” have the meanings given those terms in section 178 of title 18. (2) The term “biological event of national concern” means—(A) an act of terrorism involving a biological agent or toxin; or (B) a naturally occurring outbreak of an infectious disease that may result in a national epidemic. (3) The term “homeland security information” has the meaning given that term in section 482 of this title. (4) The term “Member Agency” means any Federal department or agency that, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the NBIC. (5) The term “Privacy Officer” means the Privacy Officer appointed under section 142 of this title.
6 U.S.C. § 195c Promoting antiterrorism through international cooperation program
(a) DefinitionsIn this section:(1) DirectorThe term “Director” means the Director selected under subsection (b)(2). (2) International cooperative activityThe term “international cooperative activity” includes—(A) coordinated research projects, joint research projects, or joint ventures; (B) joint studies or technical demonstrations; (C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; (D) training of scientists and engineers; (E) visits and exchanges of scientists, engineers, or other appropriate personnel; (F) exchanges or sharing of scientific and technological information; and (G) joint use of laboratory facilities and equipment.
(b) Science and Technology Homeland Security International Cooperative Programs Office(1) EstablishmentThe Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office. (2) DirectorThe Office shall be headed by a Director, who—(A) shall be selected, in consultation with the Assistant Secretary for International Affairs, by and shall report to the Under Secretary; and (B) may be an officer of the Department serving in another position. (3) Responsibilities(A) Development of mechanismsThe Director shall be responsible for developing, in coordination with the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other Federal agencies, understandings and agreements to allow and to support international cooperative activity in support of homeland security. (B) PrioritiesThe Director shall be responsible for developing, in coordination with the Office of International Affairs and other Federal agencies, strategic priorities for international cooperative activity for the Department in support of homeland security. (C) ActivitiesThe Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the Under Secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses (including small businesses and socially and economically disadvantaged small businesses (as those terms are defined in sections 632 and 637 of title 15, respectively)), federally funded research and development centers, and universities. (D) Identification of partnersThe Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities. (4) CoordinationThe Director shall ensure that the activities under this subsection are coordinated with the Office of International Affairs and the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other relevant Federal agencies or interagency bodies. The Director may enter into joint activities with other Federal agencies.
(c) Matching funding(1) In general(A) EquitabilityThe Director shall ensure that funding and resources expended in international cooperative activity will be equitably matched by the foreign partner government or other entity through direct funding, funding of complementary activities, or the provision of staff, facilities, material, or equipment. (B) Grant matching and repayment(i) In generalThe Secretary may require a recipient of a grant under this section—(I) to make a matching contribution of not more than 50 percent of the total cost of the proposed project for which the grant is awarded; and (II) to repay to the Secretary the amount of the grant (or a portion thereof), interest on such amount at an appropriate rate, and such charges for administration of the grant as the Secretary determines appropriate. (ii) Maximum amountThe Secretary may not require that repayment under clause (i)(II) be more than 150 percent of the amount of the grant, adjusted for inflation on the basis of the Consumer Price Index. (2) Foreign partnersPartners may include Israel, the United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism as determined to be appropriate by the Secretary of Homeland Security and the Secretary of State. (3) Loans of equipmentThe Director may make or accept loans of equipment for research and development and comparative testing purposes.
(d) Foreign reimbursementsIf the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet its share of the project may be credited to appropriate current appropriations accounts of the Directorate of Science and Technology.
(e) Report to Congress on international cooperative activitiesNot later than one year after August 3, 2007, and every 5 years thereafter, the Under Secretary, acting through the Director, shall submit to Congress a report containing—(1) a brief description of each grant, cooperative agreement, or contract made or entered into under subsection (b)(3)(C), including the participants, goals, and amount and sources of funding; (2) a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding; and 11 So in original. The word “and” probably should not appear. (3) for international cooperative activities identified in the previous reporting period, a status update on the progress of such activities, including whether goals were realized, explaining any lessons learned, and evaluating overall success; and (4) a discussion of obstacles encountered in the course of forming, executing, or implementing agreements for international cooperative activities, including administrative, legal, or diplomatic challenges or resource constraints.
(f) Animal and zoonotic diseasesAs part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Assistant Secretary for the Countering Weapons of Mass Destruction Office, the Department of State, and appropriate officials of the Department of Agriculture, the Department of Defense, and the Department of Health and Human Services, may enter into cooperative activities with foreign countries, including African nations, to strengthen American preparedness against foreign animal and zoonotic diseases overseas that could harm the Nation’s agricultural and public health sectors if they were to reach the United States.
(g) CybersecurityAs part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Department of State and appropriate Federal officials, may enter into cooperative research activities with Israel to strengthen preparedness against cyber threats and enhance capabilities in cybersecurity.
(h) Construction; authorities of the Secretary of StateNothing in this section shall be construed to alter or affect the following provisions of law:(1) Title V of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.). (2) Section 112b(g) of title 1. (3) Section 2651a(e)(2) of title 22. (4) Sections 2752 and 2767 of title 22. (5) Section 2382(c) of title 22.
(i) Authorization of appropriationsThere are authorized to be appropriated to carry out this section such sums as are necessary.
6 U.S.C. § 195d Social media working group
(a) EstablishmentThe Secretary shall establish within the Department a social media working group (in this section referred to as the “Group”).
(b) PurposeIn order to enhance the dissemination of information through social media technologies between the Department and appropriate stakeholders and to improve use of social media technologies in support of preparedness, response, and recovery, the Group shall identify, and provide guidance and best practices to the emergency preparedness and response community on, the use of social media technologies before, during, and after a natural disaster or an act of terrorism or other man-made disaster.
(c) Membership(1) In generalMembership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, territorial, and nongovernmental organization practitioners, including representatives from the following entities:(A) The Office of Public Affairs of the Department. (B) The Office of the Chief Information Officer of the Department. (C) The Privacy Office of the Department. (D) The Federal Emergency Management Agency. (E) The Office of Disability Integration and Coordination of the Federal Emergency Management Agency. (F) The American Red Cross. (G) The Forest Service. (H) The Centers for Disease Control and Prevention. (I) The United States Geological Survey. (J) The National Oceanic and Atmospheric Administration. (2) Chairperson; co-chairperson(A) ChairpersonThe Secretary, or a designee of the Secretary, shall serve as the chairperson of the Group. (B) Co-chairpersonThe chairperson shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as the co-chairperson of the Group. (3) Additional membersThe chairperson shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall—(A) be equal to or greater than the total number of regular members under paragraph (1); and (B) include—(i) not fewer than 3 representatives from the private sector; and (ii) representatives from—(I) State, local, tribal, and territorial entities, including from—(aa) law enforcement; (bb) fire services; (cc) emergency management; and (dd) public health entities; (II) universities and academia; and (III) nonprofit disaster relief organizations. (4) Term limitsThe chairperson shall establish term limits for individuals appointed to the Group under paragraph (3).
(d) Consultation with non-membersTo the extent practicable, the Group shall work with entities in the public and private sectors to carry out subsection (b).
(e) Meetings(1) Initial meetingNot later than 90 days after November 5, 2015, the Group shall hold its initial meeting. (2) Subsequent meetingsAfter the initial meeting under paragraph (1), the Group shall meet—(A) at the call of the chairperson; and (B) not less frequently than twice each year. (3) Virtual meetingsEach meeting of the Group may be held virtually.
(f) ReportsDuring each year in which the Group meets, the Group shall submit to the appropriate congressional committees a report that includes the following:(1) A review and analysis of current and emerging social media technologies being used to support preparedness and response activities related to natural disasters and acts of terrorism and other man-made disasters. (2) A review of best practices and lessons learned on the use of social media technologies during the response to natural disasters and acts of terrorism and other man-made disasters that occurred during the period covered by the report at issue. (3) Recommendations to improve the Department’s use of social media technologies for emergency management purposes. (4) Recommendations to improve public awareness of the type of information disseminated through social media technologies, and how to access such information, during a natural disaster or an act of terrorism or other man-made disaster. (5) A review of available training for Federal, State, local, tribal, and territorial officials on the use of social media technologies in response to a natural disaster or an act of terrorism or other man-made disaster. (6) A review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.
(g) Duration of group(1) In generalThe Group shall terminate on the date that is 5 years after November 5, 2015, unless the chairperson renews the Group for a successive 5-year period, prior to the date on which the Group would otherwise terminate, by submitting to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a certification that the continued existence of the Group is necessary to fulfill the purpose described in subsection (b). (2) Continued renewalThe chairperson may continue to renew the Group for successive 5-year periods by submitting a certification in accordance with paragraph (1) prior to the date on which the Group would otherwise terminate.
6 U.S.C. § 195e Transparency in research and development
(a) Requirement to list research and development programs(1) In generalThe Secretary shall maintain a detailed list of the following:(A) Each classified and unclassified research and development project, and all appropriate details for each such project, including the component of the Department responsible for each such project. (B) Each task order for a Federally Funded Research and Development Center not associated with a research and development project. (C) Each task order for a University-based center of excellence not associated with a research and development project. (D) The indicators developed and tracked by the Under Secretary for Science and Technology with respect to transitioned projects pursuant to subsection (c). (2) Exception for certain completed projectsParagraph (1) shall not apply to a project completed or otherwise terminated before December 23, 2016. (3) UpdatesThe list required under paragraph (1) shall be updated as frequently as possible, but not less frequently than once per quarter. (4) Research and development definedFor purposes of the list required under paragraph (1), the Secretary shall provide a definition for the term “research and development”.
(b) Requirement to report to Congress on all projectsNot later than January 1, 2017, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a classified and unclassified report, as applicable, that lists each ongoing classified and unclassified project at the Department, including all appropriate details of each such project.
(c) Indicators of success of transitioned projects(1) In generalFor each project that has been transitioned to practice from research and development, the Under Secretary for Science and Technology shall develop and track indicators to demonstrate the uptake of the technology or project among customers or end-users. (2) RequirementTo the fullest extent possible, the tracking of a project required under paragraph (1) shall continue for the three-year period beginning on the date on which such project was transitioned to practice from research and development.
(d) DefinitionsIn this section:(1) All appropriate detailsThe term “all appropriate details” means, with respect to a research and development project—(A) the name of such project, including both classified and unclassified names if applicable; (B) the name of the component of the Department carrying out such project; (C) an abstract or summary of such project; (D) funding levels for such project; (E) project duration or timeline; (F) the name of each contractor, grantee, or cooperative agreement partner involved in such project; (G) expected objectives and milestones for such project; and (H) to the maximum extent practicable, relevant literature and patents that are associated with such project. (2) ClassifiedThe term “classified” means anything containing—(A) classified national security information as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) or any successor order; (B) Restricted Data or data that was formerly Restricted Data, as defined in section 2014(y) of title 42; (C) material classified at the Sensitive Compartmented Information (SCI) level, as defined in section 3345 of title 50; or (D) information relating to a special access program, as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) or any successor order. (3) Controlled unclassified informationThe term “controlled unclassified information” means information described as “Controlled Unclassified Information” under Executive Order 13556 (50 U.S.C. 3501 note) 11 See References in Text note below. or any successor order. (4) ProjectThe term “project” means a research or development project, program, or activity administered by the Department, whether ongoing, completed, or otherwise terminated.
(e) LimitationNothing in this section overrides or otherwise affects the requirements specified in section 468 of this title.
6 U.S.C. § 195f EMP and GMD mitigation research and development and threat assessment, response, and recovery
(a) In generalIn furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant executive agencies, relevant State, local, and tribal governments, and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of threats of EMP and GMD.
(b) ScopeThe scope of the research and development under subsection (a) shall include the following:(1) An objective scientific analysis—(A) evaluating the risks to critical infrastructure from a range of threats of EMP and GMD; and (B) which shall—(i) be conducted in conjunction with the Office of Intelligence and Analysis; and (ii) include a review and comparison of the range of threats and hazards facing critical infrastructure of the electrical grid. (2) Determination of the critical utilities and national security assets and infrastructure that are at risk from threats of EMP and GMD. (3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, which shall include a review of the feasibility of rapidly isolating one or more portions of the electrical grid from the main electrical grid. (4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to threats of EMP and GMD, including an analysis of neutral current blocking devices that may protect high-voltage transmission lines. (5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various threats of EMP and GMD, as informed by the objective scientific analysis conducted under paragraph (1). (6) An analysis of the feasibility of a real-time alert system to inform electrical grid operators and other stakeholders within milliseconds of a high-altitude nuclear explosion.
(c) Exemption from disclosure(1) Information shared with the Federal GovernmentSection 673 of this title, and any regulations issued pursuant to such section, shall apply to any information shared with the Federal Government under this section. (2) Information shared by the Federal GovernmentInformation shared by the Federal Government with a State, local, or tribal government under this section shall be exempt from disclosure under any provision of State, local, or tribal freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records.
(d) Threat assessment, response, and recovery(1) Roles and responsibilities(A) Distribution of information(i) In generalBeginning not later than June 19, 2020, the Secretary shall provide timely distribution of information on EMPs and GMDs to Federal, State, and local governments, owners and operators of critical infrastructure, and other persons determined appropriate by the Secretary. (ii) BriefingThe Secretary shall brief the appropriate congressional committees on the effectiveness of the distribution of information under clause (i). (B) Response and recovery(i) In generalThe Administrator of the Federal Emergency Management Agency shall—(I) coordinate the response to and recovery from the effects of EMPs and GMDs on critical infrastructure, in coordination with the heads of appropriate Sector-Specific Agencies, and on matters related to the bulk power system, in consultation with the Secretary of Energy and the Federal Energy Regulatory Commission; and (II) to the extent practicable, incorporate events that include EMPs and extreme GMDs as a factor in preparedness scenarios and exercises. (ii) ImplementationThe Administrator of the Federal Emergency Management Agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, and on matters related to the bulk power system, the Secretary of Energy and the Federal Energy Regulatory Commission, shall—(I) not later than June 19, 2020, develop plans and procedures to coordinate the response to and recovery from EMP and GMD events; and (II) not later than December 21, 2020, conduct a national exercise to test the preparedness and response of the Nation to the effect of an EMP or extreme GMD event. (C) Research and development(i) In generalThe Secretary, in coordination with the heads of relevant Sector-Specific Agencies, shall—(I) without duplication of existing or ongoing efforts, conduct research and development to better understand and more effectively model the effects of EMPs and GMDs on critical infrastructure (which shall not include any system or infrastructure of the Department of Defense or any system or infrastructure of the Department of Energy associated with nuclear weapons activities); and (II) develop technologies to enhance the resilience of and better protect critical infrastructure. (ii) PlanNot later than March 26, 2020, and in coordination with the heads of relevant Sector-Specific Agencies, the Secretary shall submit to the appropriate congressional committees a research and development action plan to rapidly address modeling shortfall and technology development. (D) Emergency information system(i) In generalThe Administrator of the Federal Emergency Management Agency, in coordination with relevant stakeholders, shall maintain a network of systems, such as the alerting capabilities of the integrated public alert and warning system authorized under section 321o of this title, that are capable of providing appropriate emergency information to the public before (if possible), during, and in the aftermath of an EMP or GMD. (ii) BriefingNot later than December 21, 2020, the Administrator of the Federal Emergency Management Agency, shall brief the appropriate congressional committees regarding the maintenance of systems, including the alerting capabilities of the integrated public alert and warning system authorized under section 321o of this title. (E) Quadrennial risk assessments(i) In generalThe Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce, and informed by intelligence-based threat assessments, shall conduct a quadrennial EMP and GMD risk assessment. (ii) BriefingsNot later than March 26, 2020, and every four years thereafter until 2032, the Secretary, the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce shall provide a briefing to the appropriate congressional committees regarding the quadrennial EMP and GMD risk assessment. (iii) Enhancing resilienceThe Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other relevant Sector-Specific Agencies, shall use the results of the quadrennial EMP and GMD risk assessments to better understand and to improve resilience to the effects of EMPs and GMDs across all critical infrastructure sectors, including coordinating the prioritization of critical infrastructure at greatest risk to the effects of EMPs and GMDs. (2) Coordination(A) Report on technological optionsNot later than December 21, 2020, and every four years thereafter until 2032, the Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the heads of other appropriate agencies, and, as appropriate, private-sector partners, shall submit to the appropriate congressional committees, a report that—(i) assesses the technological options available to improve the resilience of critical infrastructure to the effects of EMPs and GMDs; and (ii) identifies gaps in available technologies and opportunities for technological developments to inform research and development activities. (B) Test data(i) In generalNot later than December 20, 2020, the Secretary, in coordination with the heads of Sector-Specific Agencies, the Secretary of Defense, and the Secretary of Energy, shall—(I) review test data regarding the effects of EMPs and GMDs on critical infrastructure systems, networks, and assets representative of those throughout the Nation; and (II) identify any gaps in the test data. (ii) PlanNot later than 180 days after identifying gaps in test data under clause (i), the Secretary, in coordination with the heads of Sector-Specific Agencies and in consultation with the Secretary of Defense and the Secretary of Energy, shall use the sector partnership structure identified in the National Infrastructure Protection Plan to develop an integrated cross-sector plan to address the identified gaps. (iii) ImplementationThe heads of each agency identified in the plan developed under clause (ii) shall implement the plan in collaboration with the voluntary efforts of the private sector, as appropriate. (3) DefinitionsIn this subsection:(A) The term “appropriate congressional committees” means—(i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate; and (ii) the Committee on Transportation and Infrastructure, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science, Space and Technology of the House of Representatives. (B) The terms “prepare” and “preparedness” mean the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the homeland, including the prediction and notification of impending EMPs and GMDs. (C) The term “Sector Risk Management Agency” has the meaning given that term in section 650 of this title.
(e) Rule of constructionNothing in this section may be construe— 11 So in original. Probably should be “construed—”.(1) to affect in any manner the authority of the executive branch to implement Executive Order 13865, dated March 26, 2019, and entitled “Coordinating National Resilience to Electromagnetic Pulses”, or any other authority existing on the day before December 20, 2019, of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector Risk Management Agency specified in section 61003(c) of division F of the Fixing America’s Surface Transportation Act (6 U.S.C. 121 note), including the authority under section 824o of title 16, and including the authority of independent agencies to be independent; or (2) as diminishing or transferring any authorities vested in the Administrator of the Federal Emergency Management Agency or in the Agency prior to December 20, 2019.
6 U.S.C. § 195g Countering Unmanned Aircraft Systems Coordinator
(a) Coordinator(1) In generalThe Secretary shall designate an individual in a Senior Executive Service position (as defined in section 3132 of title 5) of the Department within the Office of Strategy, Policy, and Plans as the Countering Unmanned Aircraft Systems Coordinator (in this section referred to as the “Coordinator”) and provide appropriate staff to carry out the responsibilities of the Coordinator. (2) ResponsibilitiesThe Coordinator shall—(A) oversee and coordinate with relevant Department offices and components, including the Office of Civil Rights and Civil Liberties and the Privacy Office, on the development of guidance and regulations to counter threats associated with unmanned aircraft systems (in this section referred to as “UAS”) as described in section 124n of this title; (B) promote research and development of counter UAS technologies in coordination within the Science and Technology Directorate; (C) coordinate with the relevant components and offices of the Department, including the Office of Intelligence and Analysis, to ensure the sharing of information, guidance, and intelligence relating to countering UAS threats, counter UAS threat assessments, and counter UAS technology, including the retention of UAS and counter UAS incidents within the Department; (D) serve as the Department liaison, in coordination with relevant components and offices of the Department, to the Department of Defense, Federal, State, local, and Tribal law enforcement entities, and the private sector regarding the activities of the Department relating to countering UAS; (E) maintain the information required under section 124n(g)(3) of this title; and (F) carry out other related counter UAS authorities and activities under section 124n of this title, as directed by the Secretary.
(b) Coordination with applicable Federal lawsThe Coordinator shall, in addition to other assigned duties, coordinate with relevant Department components and offices to ensure testing, evaluation, or deployment of a system used to identify, assess, or defeat a UAS is carried out in accordance with applicable Federal laws.
(c) Coordination with private sectorThe Coordinator shall, among other assigned duties, working with the Office of Partnership and Engagement and other relevant Department offices and components, or other Federal agencies, as appropriate, serve as the principal Department official responsible for sharing to the private sector information regarding counter UAS technology, particularly information regarding instances in which counter UAS technology may impact lawful private sector services or systems.
6 U.S.C. § 195h National Urban Security Technology Laboratory
(a) In generalThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 188(c)(2) of this title. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
(b) Laboratory describedThe laboratory described in this subsection is the laboratory—(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to section 183(1)(E) of this title.
(c) Laboratory activitiesThe National Urban Security Technology Laboratory shall—(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate.
(d) Rule of constructionNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
6 U.S.C. § 195i Chemical Security Analysis Center
(a) In generalThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 188(c)(2) of this title, which shall be used to conduct studies, analyses, and research to assess and address domestic chemical security events.
(b) Laboratory describedThe laboratory described in this subsection is the laboratory known, as of December 23, 2022, as the Chemical Security Analysis Center.
(c) Laboratory activitiesPursuant to the authority under section 182(4) of this title, the Chemical Security Analysis Center shall—(1) identify and develop approaches and mitigation strategies to domestic chemical security threats, including the development of comprehensive, research-based definable goals relating to such approaches and mitigation strategies; (2) provide an enduring science-based chemical threat and hazard analysis capability; (3) provide expertise regarding risk and consequence modeling, chemical sensing and detection, analytical chemistry, acute chemical toxicology, synthetic chemistry and reaction characterization, and nontraditional chemical agents and emerging chemical threats; (4) staff and operate a technical assistance program that provides operational support and subject matter expertise, design and execute laboratory and field tests, and provide a comprehensive knowledge repository of chemical threat information that is continuously updated with data from scientific, intelligence, operational, and private sector sources; (5) consult, as appropriate, with the Countering Weapons of Mass Destruction Office of the Department to mitigate, prepare, and respond to threats, hazards, and risks associated with domestic chemical security events; and (6) carry out such other activities authorized under this section as the Secretary determines appropriate.
(d) Special ruleNothing in this section amends, alters, or affects—(1) the responsibilities of the Countering Weapons of Mass Destruction Office of the Department; or (2) the activities or requirements authorized to other entities within the Federal Government, including the activities and requirements of the Environmental Protection Agency under section 7412(r) of title 42, the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (commonly referred to as “Superfund”; 42 U.S.C. 9601 et seq.).