Homeland Security Act of 2002 Part 4

(d) Information From Federal Agencies.--Federal agencies shall, upon request from the Office and in accordance with Federal law, provide the Office with any data, reports, or other information requested, unless compliance with such request is otherwise prohibited by law.

(e) Publications.--Decisions concerning publications issued by the Office shall rest solely with the Director of the Office.

(f) Transfer of Funds.--The Office may transfer funds to other Federal agencies or provide funding to non-Federal ent.i.ties through grants, cooperative agreements, or contracts to carry out its duties under this section: Provided, That any such transfer or provision of funding shall be carried out in accordance with section 605 of Public Law 107-77.

(g) Annual Report.--The Director of the Office shall include with the budget justification materials submitted to Congress in support of the Department of Justice budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of t.i.tle 31, United States Code) a report on the activities of the Office. Each such report shall include the following: (1) For the period of 5 fiscal years beginning with the fiscal year for which the budget is submitted-- (A) the Director's a.s.sessment of the needs of Federal, State, and local law enforcement agencies for a.s.sistance with respect to law enforcement technology and other matters consistent with the mission of the Office; and (B) a strategic plan for meeting such needs of such law enforcement agencies.

(2) For the fiscal year preceding the fiscal year for which such budget is submitted, a description of the activities carried out by the Office and an evaluation of the extent to which those activities successfully meet the needs a.s.sessed under paragraph (1)(A) in previous reports.

SEC. 233. [6 U.S.C. 163] DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.

For the purposes of this t.i.tle, the term ''law enforcement technology'' includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.

SEC. 234. [6 U.S.C. 164] ABOLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY OF NATIONAL INSt.i.tUTE OF JUSTICE; TRANSFER OF FUNCTIONS.

(a) Authority To Transfer Functions.--The Attorney General may transfer to the Office any other program or activity of the Department of Justice that the Attorney General, in consultation with the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, determines to be consistent with the mission of the Office.

(b) Transfer of Personnel and a.s.sets.--With respect to any function, power, or duty, or any program or activity, that is established in the Office, those employees and a.s.sets of the element of the Department of Justice from which the transfer is made that the Attorney General determines are needed to perform that function, power, or duty, or for that program or activity, as the case may be, shall be transferred to the Office: Provided, That any such transfer shall be carried out in accordance with section 605 of Public Law 107-77.

(c) Report on Implementation.--Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this t.i.tle.

The report shall-- (1) provide an accounting of the amounts and sources of funding available to the Office to carry out its mission under existing authorizations and appropriations, and set forth the future funding needs of the Office; and (2) include such other information and recommendations as the Attorney General considers appropriate.

SEC. 235. [6 U.S.C. 165] NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY CENTERS.

(a) In General.--The Director of the Office shall operate and support National Law Enforcement and Corrections Technology Centers (hereinafter in this section referred to as ''Centers'') and, to the extent necessary, establish new centers through a merit-based, compet.i.tive process.

(b) Purpose of Centers.--The purpose of the Centers shall be to-- (1) support research and development of law enforcement technology; (2) support the transfer and implementation of technology; (3) a.s.sist in the development and dissemination of guidelines and technological standards; and (4) provide technology a.s.sistance, information, and support for law enforcement, corrections, and criminal justice purposes.

(c) Annual Meeting.--Each year, the Director shall convene a meeting of the Centers in order to foster collaboration and communication between Center partic.i.p.ants.

(d) Report.--Not later than 12 months after the date of the enactment of this Act, the Director shall transmit to the Congress a report a.s.sessing the effectiveness of the existing system of Centers and identify the number of Centers necessary to meet the technology needs of Federal, State, and local law enforcement in the United States.

t.i.tLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

SEC. 301. [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.

SEC. 302. [6 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,, 1 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; --------------------------------------------------------------------------- 1 Two commas so in law. See section 501(b)(2)(A) of Public Law 109-347 (120 Stat. 1935).

--------------------------------------------------------------------------- (3) supporting the Under Secretary for Intelligence and a.n.a.lysis and the a.s.sistant Secretary for Infrastructure Protection, by a.s.sessing 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,, 1 and related weapons and material; and --------------------------------------------------------------------------- 1 Two commas so in law. See section 501(b)(2)(B) of Public Law 109-347 (120 Stat. 1935).

--------------------------------------------------------------------------- (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 ent.i.ties; (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 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401), as amended by section 1709(b); (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 t.i.tle 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act (42 U.S.C. 262a); (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.

SEC. 303. [6 U.S.C. 183] FUNCTIONS TRANSFERRED.

In accordance with t.i.tle XV, there shall be transferred to the Secretary the functions, personnel, a.s.sets, and liabilities of the following ent.i.ties: (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 a.s.sessment program and activities of the a.s.sessment, 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 a.n.a.lysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto.

SEC. 304. [6 U.S.C. 184] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.

(a) In General.--With 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 302(2).

(b) Evaluation of Progress.--In 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.

SEC. 305. [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 a.n.a.lysis of homeland security issues, or to carry out other responsibilities under this Act, including coordinating and integrating both the extramural and intramural programs described in section 308.

SEC. 306. [6 U.S.C. 186] MISCELLANEOUS PROVISIONS.

(a) Cla.s.sification.--To the greatest extent practicable, research conducted or supported by the Department shall be uncla.s.sified.

(b) Construction.--Nothing in this t.i.tle 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) Regulations.--The 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 Designations.--Not later than 60 days before effecting any transfer of Department of Energy life sciences activities pursuant to section 303(1)(D) of this Act, 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.

SEC. 307. [6 U.S.C. 187] HOMELAND SECURITY ADVANCED RESEARCH PROJECTS AGENCY.

(a) Definitions.--In this section: (1) Fund.--The term ''Fund'' means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c).

(2) Homeland security research.--The 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) HSARPA.--The term ''HSARPA'' means the Homeland Security Advanced Research Projects Agency established in subsection (b).

(4) Under secretary.--The term ''Under Secretary''

means the Under Secretary for Science and Technology.

(b) Homeland Security Advanced Research Projects Agency.-- (1) Establishment.--There is established the Homeland Security Advanced Research Projects Agency.

(2) Director.--HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary.

(3) Responsibilities.--The Director shall administer the Fund to award compet.i.tive, merit- reviewed grants, cooperative agreements or contracts to public or private ent.i.ties, 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; and (C) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities.

(4) Targeted compet.i.tions.--The Director may solicit proposals to address specific vulnerabilities identified by the Director.

(5) Coordination.--The 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) Personnel.--In hiring personnel for HSARPA, the Secretary shall have the hiring and management authorities described in section 1101 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) Demonstrations.--The Director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel.

(c) Fund.-- (1) Establishment.--There 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 appropriations.--There 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 guard.--Of 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.

SEC. 308. [6 U.S.C. 188] CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND EVALUATION.

(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under section 302(4) through both extramural and intramural programs.

(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 inst.i.tutes, and companies (and consortia thereof) from as many areas of the United States as practicable partic.i.p.ate; (B) ensure that the research funded is of high quality, as determined through merit review processes developed under section 302(14); and (C) distribute funds through grants, cooperative agreements, and contracts.

(2) University-based centers for homeland security.-- (A) Designation.--The 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 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 ma.s.s 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.