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

Footnotes

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

Legislative history

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

1. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title III § 308 · 116 Stat. 2135

   Enacted · 6 U.S.C. § 188

   Pub. L. 107–296, title III, § 308, Nov. 25, 2002, 116 Stat. 2170

   Source evidence

   Code source credit
   Pub. L. 107–296, title III, § 308, Nov. 25, 2002, 116 Stat. 2170

   Enacted provision · exact public law section
   SEC. 308. 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 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 302(14); and (C) distribute funds through grants, cooperative agreements, and contracts. (2) University-based centers for homeland security.— (A) Establishment.— The Secretary, acting through the Under Secretary for Science and Technology, shall establish within 1 year of the date of enactment of this Act a university-based center or centers for homeland security. The purpose of this center or centers shall be to establish a coordinated, university-based system to enhance the Nation’s homeland security. (B) Criteria for selection.— In selecting colleges or universities as centers for homeland security, the Secretary shall consider the following criteria: (i) Demonstrated expertise in the training of first responders. (ii) Demonstrated expertise in responding to incidents involving weapons of mass destruction and biological warfare. (iii) Demonstrated expertise in emergency medical services. (iv) Demonstrated expertise in chemical, biological, radiological, and nuclear countermeasures. (v) Strong affiliations with animal and plant diagnostic laboratories. (vi) Demonstrated expertise in food safety. (vii) Affiliation with Department of Agriculture laboratories or training centers. (viii) Demonstrated expertise in water and wastewater operations. (ix) Demonstrated expertise in port and waterway security. (x) Demonstrated expertise in multi-modal transportation. (xi) Nationally recognized programs in information security. (xii) Nationally recognized programs in engineering. (xiii) Demonstrated expertise in educational outreach and technical assistance. (xiv) Demonstrated expertise in border transportation and security. (xv) Demonstrated expertise in interdisciplinary public policy research and communication outreach regarding science, technology, and public policy. (C) Discretion of secretary.— The Secretary shall have the discretion to establish such centers and to consider additional criteria as necessary to meet the evolving needs of homeland security and shall report to Congress concerning the implementation of this paragraph as necessary. (D) Authorization of appropriations.— There are authorized to be appropriated such sums as may be necessary to carry out this paragraph. (c) Intramural Programs.— (1) Consultation.— In carrying out the duties under section 302, 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) Laboratories.— The 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 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. (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 laboratories.— No 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).

2. 2003

   Department of Justice Appropriations Act, 2003

   Pub. L. 108–7 div. L § 101(1) · 117 Stat. 11

   1. Added · 6 U.S.C. § 188(a)(c)(1)

      Pub. L. 108–7 added subsecs. (a) to (c)(1)

   2. Struck · 6 U.S.C. § 188(a)(c)(1)

      Pub. L. 108–7 struck out former subsecs. (a) to (c)(1) which related to the responsibilities of the Secretary, acting through the Under Secretary for Science and Technology, to carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs, to operate extramural research, development, demonstration, testing, and evaluation programs, to establish a coordinated, university-based system to enhance the Nation’s homeland security, and to draw upon the expertise of any laboratory of the Federal Government

   Source evidence

   Code amendment note
   Subsecs. (a) to (c)(1). Pub. L. 108–7 added subsecs. (a) to (c)(1) and struck out former subsecs. (a) to (c)(1) which related to the responsibilities of the Secretary, acting through the Under Secretary for Science and Technology, to carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs, to operate extramural research, development, demonstration, testing, and evaluation programs, to establish a coordinated, university-based system to enhance the Nation’s homeland security, and to draw upon the expertise of any laboratory of the Federal Government.

   Enacted provision · exact public law section
   Sec. 101. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses in accordance with distributions, procedures, and regulations established by the Attorney General.

3. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. G title LXXI § 7114 · 136 Stat. 2395

   Added · 6 U.S.C. § 188(d)

   Pub. L. 117–263 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 117–263 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 7114. PREFERENCE FOR UNITED STATES INDUSTRY.   Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 188) is amended by adding at the end the following new subsection: “(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, United States Code; 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.— The terms ‘nonprofit organization’, ‘small business firm’, and ‘subject invention’ have the meanings given such terms in section 201 of title 35, United States Code. “(C) Manufactured substantially in the united states.— The term ‘manufactured substantially in the United States’ means an item is a domestic end product. “(D) Domestic end product.— The 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) Waivers.— “(A) In general.— Subject to subparagraph (B), in individual cases, the requirements under section 204 of title 35, United States Code, 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 waiver.— Before 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 waivers.— The 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.” .

4 of 4 references resolved to an enrolled provision