6 USC 184 - Conduct of certain public health-related activities

Collapse to view only § 184. Conduct of certain public health-related activities

§ 181. Under Secretary for Science and Technology
§ 182. Responsibilities and authorities of the Under Secretary for Science and Technology
§ 183. Functions transferred
§ 184. Conduct of certain public health-related activities
§ 185. Federally funded research and development centers
§ 186. Miscellaneous provisions
§ 187. Homeland Security Advanced Research Projects Agency
§ 188. Conduct of research, development, demonstration, testing and evaluation
§ 189. Utilization of Department of Energy national laboratories and sites in support of homeland security activities
§ 190. Transfer of Plum Island Animal Disease Center, Department of Agriculture
§ 191. Homeland Security Science and Technology Advisory Committee
§ 192. Homeland Security Institute
§ 193. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security
§ 194. Enhancement of public safety communications interoperability
§ 195. Office for Interoperability and Compatibility
§ 195a. Emergency communications interoperability research and development
§ 195b. National Biosurveillance Integration Center
§ 195c. Promoting antiterrorism through international cooperation program
§ 195d. Social media working group
§ 195e. Transparency in research and development
§ 195f. EMP and GMD mitigation research and development and threat assessment, response, and recovery
§ 195g. Countering Unmanned Aircraft Systems Coordinator
§ 195h. National Urban Security Technology Laboratory
§ 195i. Chemical Security Analysis Center

§ 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.

(Pub. L. 107–296, title III, § 301, Nov. 25, 2002, 116 Stat. 2163.)

§ 182. Responsibilities and authorities of the Under Secretary for Science and TechnologyThe 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; and

(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.

(Pub. L. 107–296, title III, § 302, Nov. 25, 2002, 116 Stat. 2163; Pub. L. 109–347, title V, § 501(b)(2), Oct. 13, 2006, 120 Stat. 1935; Pub. L. 110–53, title V, § 531(b)(1)(C), Aug. 3, 2007, 121 Stat. 334; Pub. L. 115–278, § 2(g)(3)(A), Nov. 16, 2018, 132 Stat. 4178.)

§ 183. Functions transferredIn 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.

(Pub. L. 107–296, title III, § 303, Nov. 25, 2002, 116 Stat. 2164.)

§ 184. Conduct of certain public health-related activities

(a) In general

(b) Evaluation of progress

(Pub. L. 107–296, title III, § 304, Nov. 25, 2002, 116 Stat. 2165.)

§ 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.

(Pub. L. 107–296, title III, § 305, Nov. 25, 2002, 116 Stat. 2168.)

§ 186. Miscellaneous provisions

(a) Classification

(b) Construction

(d) Notification of Presidential life sciences designations

(Pub. L. 107–296, title III, § 306, Nov. 25, 2002, 116 Stat. 2168.)

§ 187. Homeland Security Advanced Research Projects Agency

(a) Definitions

In this section:

(1) Fund

(2) Homeland security research

(3) HSARPA

(4) Under Secretary

(b) Homeland Security Advanced Research Projects Agency

(1) Establishment

(2) Director

(3) Responsibilities

The 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;

(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 competitions

(5) Coordination

(6) Personnel

(7) Demonstrations

(1) Establishment

(2) Authorization of appropriations

(3) Coast Guard

(Pub. L. 107–296, title III, § 307, Nov. 25, 2002, 116 Stat. 2168; Pub. L. 114–22, title III, § 302(c), formerly § 302(d), May 29, 2015, 129 Stat. 255; renumbered § 302(d), Pub. L. 115–392, § 23(c)(2), Dec. 21, 2018, 132 Stat. 5264.)

§ 188. Conduct of research, development, demonstration, testing and evaluation

(a) In general

(b) Extramural programs

(1) In general

The 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

(2) University-based centers for homeland security

(A) Designation

(B) Criteria for designation

Criteria 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.

(D) Report to Congress

(E) Authorization of appropriations

(1) Consultation

(2) Laboratories

(3) Criteria for headquarters laboratory

If 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.

(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 laboratories

(d) Preference for United States industry

(1) Definitions

In this subsection:

(A) Country of concern

The 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 invention

(D) Domestic end product

(3)1

1 So in original. There is no par. (2).

Waivers

(A) In general

(B) Conditions on waivers granted by Department

(i) Before grant of waiver

(ii) Prohibition on granting certain waivers

(Pub. L. 107–296, title III, § 308, Nov. 25, 2002, 116 Stat. 2170; Pub. L. 108–7, div. L, § 101(1), Feb. 20, 2003, 117 Stat. 526; Pub. L. 117–263, div. G, title LXXI, § 7114, Dec. 23, 2022, 136 Stat. 3633.)

§ 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 general

In 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).

(D) Any other method provided by law.

(2) Acceptance and performance by labs and sites

(b) Joint sponsorship arrangements

(1) Laboratories

(2) Sites

(3) Primary sponsor

(4) Lead agent

(5) Federal Acquisition Regulation

(6) Funding

(d) Authority with respect to cooperative research and development agreements and licensing agreements

(e) Reimbursement of costs

(f) Laboratory directed research and development by the Department of Energy

(g) Office for National Laboratories

(h) Department of Energy coordination on homeland security related research

(Pub. L. 107–296, title III, § 309, Nov. 25, 2002, 116 Stat. 2172.)

§ 190. Transfer of Plum Island Animal Disease Center, Department of Agriculture

(a) In general

(b) Continued Department of Agriculture access

(d) Notification

(1) In general

(2) Limitation

(Pub. L. 107–296, title III, § 310, Nov. 25, 2002, 116 Stat. 2174.)

§ 191. Homeland Security Science and Technology Advisory Committee

(a) Establishment

(b) Membership

(1) Appointment

The 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;

(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 Council

(1) In general

(2) Original appointments

(3) Vacancies

(d) Eligibility

(e) Meetings

(f) Quorum

(g) Conflict of interest rules

(h) Reports

(1) Annual report

(2) Additional reports

(i) Exemption from chapter 10 of title 5

(j) Termination

(Pub. L. 107–296, title III, § 311, Nov. 25, 2002, 116 Stat. 2174; Pub. L. 108–334, title V, § 520, Oct. 18, 2004, 118 Stat. 1318; Pub. L. 109–347, title III, § 302(a), Oct. 13, 2006, 120 Stat. 1920; Pub. L. 117–286, § 4(a)(14), Dec. 27, 2022

§ 192. Homeland Security Institute

(a) Establishment

(b) Administration

The 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 activities

(e) Use of centers

(f) Annual reports

(g) Termination

(Pub. L. 107–296, title III, § 312, Nov. 25, 2002, 116 Stat. 2176; Pub. L. 108–334, title V, § 519, Oct. 18, 2004, 118 Stat. 1318.)

§ 193. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security

(a) Establishment of program

(b) Elements of program

The 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.

(1) In general

(2) Certain proposals

(3) Coordination

(Pub. L. 107–296, title III, § 313, Nov. 25, 2002, 116 Stat. 2176.)

§ 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 Office

(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 1

1 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;

(D) $24,155,000 for fiscal year 2008; and

(E) $24,879,000 for fiscal year 2009.

(b) Report

(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 commitments

(2) Restrictions

(A) Time limit

(B) Amount of committed funds

(3) Letters of intent

(A) Issuance

(B) Schedule

(D) Notice to Congress

(E) Limitations

(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 communications

(2) Emergency response providers

(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 Congress

(Pub. L. 108–458, title VII, § 7303, Dec. 17, 2004, 118 Stat. 3843; Pub. L. 110–53, title III, § 301(c), Aug. 3, 2007, 121 Stat. 299.)

§ 195. Office for Interoperability and Compatibility

(a)The 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,1

1 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) Coordination

(Pub. L. 107–296, title III, § 314, as added Pub. L. 109–295, title VI, § 672(a), Oct. 4, 2006, 120 Stat. 1441.)

§ 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.

(Pub. L. 107–296, title III, § 315, as added Pub. L. 109–295, title VI, § 673(a), Oct. 4, 2006, 120 Stat. 1443.)

§ 195b. National Biosurveillance Integration Center

(a) Establishment

(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;

(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) Consultation

(e) Responsibilities of the NBIC member agencies

(1)1

1 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 experts

(2) Detail of personnel

(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 agencies

(i) Authorization of appropriations

(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.

(

§ 195c. Promoting antiterrorism through international cooperation program

(a) Definitions

In this section:

(1) Director

(2) International cooperative activity

The term “international cooperative activity” includes—

(A) coordinated research projects, joint research projects, or joint ventures;

(B) joint studies or technical demonstrations;

(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) Establishment

(2) Director

The 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 mechanisms

(B) Priorities

(D) Identification of partners

(4) Coordination

(1) In general

(A) Equitability

(B) Grant matching and repayment

(i) In general

The 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 amount

(2) Foreign partners

(3) Loans of equipment

(d) Foreign reimbursements

(e) Report to Congress on international cooperative activities

Not 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 1

1 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 diseases

(g) Cybersecurity

(h) Construction; authorities of the Secretary of State

Nothing 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 appropriations

(Pub. L. 107–296, title III, § 317, as added Pub. L. 110–53, title XIX, § 1901(b)(1), Aug. 3, 2007, 121 Stat. 505; amended Pub. L. 114–304, § 2(a), Dec. 16, 2016, 130 Stat. 1519; Pub. L. 115–387, § 2(f)(3), Dec. 21, 2018, 132 Stat. 5168; Pub. L. 117–263, div. E, title LIX, § 5947(a)(3), Dec. 23, 2022, 136 Stat. 3481.)

§ 195d. Social media working group

(a) Establishment

(b) Purpose

(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.

(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) Chairperson

(B) Co-chairperson

(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 limits

(d) Consultation with non-members

(e) Meetings

(1) 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 meetings

(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 general

(2) Continued renewal

(Pub. L. 107–296, title III, § 318, as added Pub. L. 114–80, § 2(a), Nov. 5, 2015, 129 Stat. 646.)

§ 195e. Transparency in research and development

(a) Requirement to list research and development programs

(1) In general

The 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.

(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 projects

(3) Updates

(4) Research and development defined

(b) Requirement to report to Congress on all projects

(1) In general

(2) Requirement

(d) Definitions

In this section:

(1) All appropriate details

The 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;

(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) Classified

The 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 information

(4) Project

(e) Limitation

(Pub. L. 107–296, title III, § 319, as added Pub. L. 114–328, div. A, title XIX, § 1906(a), Dec. 23, 2016, 130 Stat. 2676.)

§ 195f. EMP and GMD mitigation research and development and threat assessment, response, and recovery

(a) In general

(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.

(1) Information shared with the Federal Government

(2) Information shared by the Federal Government

(d) Threat assessment, response, and recovery

(1) Roles and responsibilities

(A) Distribution of information

(i) In general

(ii) Briefing

(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.

(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) Plan

(D) Emergency information system

(i) In general

(ii) Briefing

(E) Quadrennial risk assessments

(i) In general

(ii) Briefings

(iii) Enhancing resilience

(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) Plan

(iii) Implementation

(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.

(e) Rule of constructionNothing in this section may be construe— 1

1 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.

(Pub. L. 107–296, title III, § 320, formerly § 319, as added Pub. L. 114–328, div. A, title XIX, § 1913(a)(3), Dec. 23, 2016, 130 Stat. 2685; renumbered § 320 and amended Pub. L. 115–278, § 2(g)(3)(B), (C), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 116–92, div. A, title XVII, § 1740(a)(1), Dec. 20, 2019, 133 Stat. 1821; Pub. L. 116–283, div. H, title XC, § 9002(c)(2)(A), Jan. 1, 2021, 134 Stat. 4772; Pub. L. 117–263, div. G, title LXXI, § 7143(b)(2)(A), Dec. 23, 2022, 136 Stat. 3659.)

§ 195g. Countering Unmanned Aircraft Systems Coordinator

(a) Coordinator

(1) In general

(2) Responsibilities

The 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 laws

(Pub. L. 107–296, title III, § 321, as added Pub. L. 116–260, div. U, title VII, § 701(b)(1), Dec. 27, 2020, 134 Stat. 2295.)

§ 195h. National Urban Security Technology Laboratory

(a) In general

(b) Laboratory described

The 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.

The 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 construction

(Pub. L. 107–296, title III, § 322, as added Pub. L. 117–81, div. F, title LXIV, § 6406(a), Dec. 27, 2021, 135 Stat. 2402.)

§ 195i. Chemical Security Analysis Center

(a) In general

(b) Laboratory described

Pursuant 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 rule

Nothing 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.).

(Pub. L. 107–296, title III, § 323, as added Pub. L. 117–263, div. G, title LXXI, § 7106(a), Dec. 23, 2022, 136 Stat. 3624.)