Title 6 — Domestic Security
Chapter 1 — Homeland Security Organization
§ 191. Homeland Security Science and Technology Advisory Committee
Statutory text
Establishment
There 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.
Membership
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—
shall be eminent in fields such as emergency response, research, engineering, new product development, business, and management consulting;
shall be selected solely on the basis of established records of distinguished service;
shall not be employees of the Federal Government; and
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.
National Research Council
The 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).
Terms of office
In general
Except as otherwise provided in this subsection, the term of office of each member of the Advisory Committee shall be 3 years.
Original appointments
The 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.
Vacancies
A 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.
Eligibility
A 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.
Meetings
The 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.
Quorum
A 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.
Conflict of interest rules
The 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.
Reports
Annual report
The 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.
Additional reports
The Advisory Committee may render to the Under Secretary for transmittal to Congress such additional reports on specific policy matters as it considers appropriate.
Exemption from chapter 10 of title 5
Section 1013 of title 5 shall not apply to the Advisory Committee.
Termination
The Department of Homeland Security Science and Technology Advisory Committee shall terminate on .
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.
Homeland Security Act of 2002
Pub. L. 107–296 title III § 311 · 116 Stat. 2135
Enacted · 6 U.S.C. § 191
Pub. L. 107–296, title III, § 311, Nov. 25, 2002, 116 Stat. 2174
Source evidence
Code source credit
Pub. L. 107–296, title III, § 311, Nov. 25, 2002, 116 Stat. 2174Enacted provision · exact public law section
SEC. 311. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE. (a) Establishment.— There 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) 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; (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 council.— The 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 general.— Except as otherwise provided in this subsection, the term of office of each member of the Advisory Committee shall be 3 years. (2) Original appointments.— The original members of the Advisory Committee shall be appointed to three classes of three members each. One class shall have a term of 1 year, 1 a term of 2 years, and the other a term of 3 years. (3) Vacancies.— A 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) Eligibility.— A 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) Meetings.— The 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) Quorum.— A 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 Rules.— The 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 report.— The 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 reports.— The Advisory Committee may render to the Under Secretary for transmittal to Congress such additional reports on specific policy matters as it considers appropriate. (i) Federal Advisory Committee Act Exemption.— Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee. (j) Termination.— The Department of Homeland Security Science and Technology Advisory Committee shall terminate 3 years after the effective date of this Act.Department of Homeland Security Appropriations Act, 2005
Pub. L. 108–334 title V § 520 · 118 Stat. 1298
Amended · 6 U.S.C. § 191(c)(2)
Pub. L. 108–334 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The original members of the Advisory Committee shall be appointed to three classes of three members each. One class shall have a term of 1 year, 1 a term of 2 years, and the other a term of 3 years.”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 108–334 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The original members of the Advisory Committee shall be appointed to three classes of three members each. One class shall have a term of 1 year, 1 a term of 2 years, and the other a term of 3 years.”Enacted provision · exact public law section
Sec. 520. Section 311(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 191(c)(2)) is amended to read as follows: “(2) Original appointments.— The 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.” .Security and Accountability For Every Port Act of 2006
Pub. L. 109–347 title III § 302(a) · 120 Stat. 1884
Substituted · 6 U.S.C. § 191(j)
Pub. L. 109–347 substituted “on December 31, 2008” for “3 years after the effective date of this chapter”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 109–347 substituted “on December 31, 2008” for “3 years after the effective date of this chapter”.Enacted provision · exact public law section
(a) In General.— Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C. 191(j)) is amended by striking “3 years after the effective date of this Act” and inserting “on December 31, 2008”.Effective date note
Pub. L. 109–347, title III, § 302(b), Oct. 13, 2006, 120 Stat. 1921, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if enacted on the date of the enactment of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) [Nov. 25, 2002].”Pub. L. 117–286 § 4(a)(14) · 136 Stat. 4196
Substituted · 6 U.S.C. § 191(i)
Pub. L. 117–286 substituted “Exemption from chapter 10 of title 5” for “Federal Advisory Committee Act exemption” in text
Substituted · 6 U.S.C. § 191(i)
Pub. L. 117–286 substituted “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act” in text
Source evidence
Code amendment note
Subsec. (i). Pub. L. 117–286 substituted “Exemption from chapter 10 of title 5” for “Federal Advisory Committee Act exemption” in heading and “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act” in text.Enacted provision · exact public law section
(14) Section 311(i) of the Homeland Security Act of 2002 (6 U.S.C. 191(i)) is amended— (A) in the subsection heading, by striking “Federal Advisory Committee Act Exemption” and inserting “Exemption From Chapter 10 of Title 5, United States Code”; and (B) in text, by striking “Section 14 of the Federal Advisory Committee Act” and inserting “Section 1013 of title 5, United States Code,”.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Amendments2004–2022 · 3 rounds
2022
Subsec. (i). Pub. L. 117–286 substituted “Exemption from chapter 10 of title 5” for “Federal Advisory Committee Act exemption” in heading and “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act” in text.
2006
Subsec. (j). Pub. L. 109–347 substituted “on ” for “3 years after the effective date of this chapter”.
2004
Subsec. (c)(2). Pub. L. 108–334 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The original members of the Advisory Committee shall be appointed to three classes of three members each. One class shall have a term of 1 year, 1 a term of 2 years, and the other a term of 3 years.”
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Pub. L. 109–347, title III, § 302(b), , 120 Stat. 1921, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if enacted on the date of the enactment of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) [].”