Chapter IV: Section 1: Short Title; Table of Contents (3)

(a) Appointment and Responsibilities.--The Secretary shall
appoint a senior official in the Department, who shall report
directly to the Secretary, to assume primary responsibility for
privacy policy, including--
(1) assuring that the use of technologies sustain,
and do not erode, privacy protections relating to the
use, collection, and disclosure of personal
information;
(2) assuring that personal information contained in
Privacy Act systems of records is handled in full
compliance with fair information practices as set out
in the Privacy Act of 1974;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Federal Government;
(4) conducting a privacy impact assessment of
proposed rules of the Department or that of the
Department on the privacy of personal information,
including the type of personal information collected
and the number of people affected;
(5) coordinating with the Officer for Civil Rights
and Civil Liberties to ensure that--
(A) programs, policies, and procedures
involving civil rights, civil liberties, and
privacy considerations are addressed in an
integrated and comprehensive manner; and
(B) Congress receives appropriate reports
on such programs, policies, and procedures; and
(6) preparing a report to Congress on an annual
basis on activities of the Department that affect
privacy, including complaints of privacy violations,
implementation of the Privacy Act of 1974, internal
controls, and other matters.
(b) Authority To Investigate.--
(1) In general.--The senior official appointed
under subsection (a) may--
(A) have access to all records, reports,
audits, reviews, documents, papers,
recommendations, and other materials available
to the Department that relate to programs and
operations with respect to the responsibilities
of the senior official under this section;
(B) make such investigations and reports
relating to the administration of the programs
and operations of the Department as are, in the
senior official's judgment, necessary or
desirable;
(C) subject to the approval of the
Secretary, require by subpoena the production,
by any person other than a Federal agency, of
all information, documents, reports, answers,
records, accounts, papers, and other data and
documentary evidence necessary to performance
of the responsibilities of the senior official
under this section; and
(D) administer to or take from any person
an oath, affirmation, or affidavit, whenever
necessary to performance of the
responsibilities of the senior official under
this section.
(2) Enforcement of subpoenas.--Any subpoena issued
under paragraph (1)(C) shall, in the case of contumacy
or refusal to obey, be enforceable by order of any
appropriate United States district court.
(3) Effect of oaths.--Any oath, affirmation, or
affidavit administered or taken under paragraph (1)(D)
by or before an employee of the Privacy Office
designated for that purpose by the senior official
appointed under subsection (a) shall have the same
force and effect as if administered or taken by or
before an officer having a seal of office.
(c) Supervision and Coordination.--
(1) In general.--The senior official appointed
under subsection (a) shall--
(A) report to, and be under the general
supervision of, the Secretary; and
(B) coordinate activities with the
Inspector General of the Department in order to
avoid duplication of effort.
(2) Coordination with the inspector general.--
(A) In general.--Except as provided in
subparagraph (B), the senior official appointed
under subsection (a) may investigate any matter
relating to possible violations or abuse
concerning the administration of any program or
operation of the Department relevant to the
purposes under this section.
(B) Coordination.--
(i) Referral.--Before initiating
any investigation described under
subparagraph (A), the senior official
shall refer the matter and all related
complaints, allegations, and
information to the Inspector General of
the Department.
(ii) Determinations and
notifications by the inspector
general.--
(I) In general.--Not later
than 30 days after the receipt
of a matter referred under
clause (i), the Inspector
General shall--
(aa) make a
determination regarding
whether the Inspector
General intends to
initiate an audit or
investigation of the
matter referred under
clause (i); and
(bb) notify the
senior official of that
determination.
(II) Investigation not
initiated.--If the Inspector
General notifies the senior
official under subclause
(I)(bb) that the Inspector
General intended to initiate an
audit or investigation, but
does not initiate that audit or
investigation within 90 days
after providing that
notification, the Inspector
General shall further notify
the senior official that an
audit or investigation was not
initiated. The further
notification under this
subclause shall be made not
later than 3 days after the end
of that 90-day period.
(iii) Investigation by senior
official.--The senior official may
investigate a matter referred under
clause (i) if--
(I) the Inspector General
notifies the senior official
under clause (ii)(I)(bb) that
the Inspector General does not
intend to initiate an audit or
investigation relating to that
matter; or
(II) the Inspector General
provides a further notification
under clause (ii)(II) relating
to that matter.
(iv) Privacy training.--Any
employee of the Office of Inspector
General who audits or investigates any
matter referred under clause (i) shall
be required to receive adequate
training on privacy laws, rules, and
regulations, to be provided by an
entity approved by the Inspector
General in consultation with the senior
official appointed under subsection
(a).
(d) Notification to Congress on Removal.--If the Secretary
removes the senior official appointed under subsection (a) or
transfers that senior official to another position or location
within the Department, the Secretary shall--
(1) promptly submit a written notification of the
removal or transfer to Houses of Congress; and
(2) include in any such notification the reasons
for the removal or transfer.
(e) Reports by Senior Official to Congress.--The senior
official appointed under subsection (a) shall--
(1) submit reports directly to the Congress
regarding performance of the responsibilities of the
senior official under this section, without any prior
comment or amendment by the Secretary, Deputy
Secretary, or any other officer or employee of the
Department or the Office of Management and Budget; and
(2) inform the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives not
later than--
(A) 30 days after the Secretary disapproves
the senior official's request for a subpoena
under subsection (b)(1)(C) or the Secretary
substantively modifies the requested subpoena;
or
(B) 45 days after the senior official's
request for a subpoena under subsection
(b)(1)(C), if that subpoena has not either been
approved or disapproved by the Secretary.

SEC. 223. [6 U.S.C. 143] ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.

In carrying out the responsibilities under section 201, the
Under Secretary for Intelligence and Analysis, in cooperation
with the Assistant Secretary for Infrastructure Protection
shall--
(1) as appropriate, provide to State and local
government entities, and upon request to private
entities that own or operate critical information
systems--
(A) analysis and warnings related to
threats to, and vulnerabilities of, critical
information systems; and
(B) in coordination with the Under
Secretary for Emergency Preparedness and
Response, crisis management support in response
to threats to, or attacks on, critical
information systems; and
(2) as appropriate, provide technical assistance,
upon request, to the private sector and other
government entities, in coordination with the Under
Secretary for Emergency Preparedness and Response, with
respect to emergency recovery plans to respond to major
failures of critical information systems.

SEC. 224. [6 U.S.C. 144] NET GUARD.

The Assistant Secretary for Infrastructure Protection may establish a national technology guard, to be known as ``NET Guard'', comprised of local teams of volunteers with expertise in relevant areas of science and technology, to assist local communities to respond and recover from attacks on information systems and communications networks.

SEC. 225. [6 U.S.C. 145] CYBER SECURITY ENHANCEMENT ACT OF 2002.

(a) Short Title.--This section may be cited as the ``Cyber
Security Enhancement Act of 2002''.
(b) Amendment of Sentencing Guidelines Relating to Certain
Computer Crimes.--
(1) Directive to the united states sentencing
commission.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in
accordance with this subsection, the United States
Sentencing Commission shall review and, if appropriate,
amend its guidelines and its policy statements
applicable to persons convicted of an offense under
section 1030 of title 18, United States Code.
(2) Requirements.--In carrying out this subsection,
the Sentencing Commission shall--
(A) ensure that the sentencing guidelines
and policy statements reflect the serious
nature of the offenses described in paragraph
(1), the growing incidence of such offenses,
and the need for an effective deterrent and
appropriate punishment to prevent such
offenses;
(B) consider the following factors and the
extent to which the guidelines may or may not
account for them--
(i) the potential and actual loss
resulting from the offense;
(ii) the level of sophistication
and planning involved in the offense;
(iii) whether the offense was
committed for purposes of commercial
advantage or private financial benefit;
(iv) whether the defendant acted
with malicious intent to cause harm in
committing the offense;
(v) the extent to which the offense
violated the privacy rights of
individuals harmed;
(vi) whether the offense involved a
computer used by the government in
furtherance of national defense,
national security, or the
administration of justice;
(vii) whether the violation was
intended to or had the effect of
significantly interfering with or
disrupting a critical infrastructure;
and
(viii) whether the violation was
intended to or had the effect of
creating a threat to public health or
safety, or injury to any person;
(C) assure reasonable consistency with
other relevant directives and with other
sentencing guidelines;
(D) account for any additional aggravating
or mitigating circumstances that might justify
exceptions to the generally applicable
sentencing ranges;
(E) make any necessary conforming changes
to the sentencing guidelines; and
(F) assure that the guidelines adequately
meet the purposes of sentencing as set forth in
section 3553(a)(2) of title 18, United States
Code.
(c) Study and Report on Computer Crimes.--Not later than
May 1, 2003, the United States Sentencing Commission shall
submit a brief report to Congress that explains any actions
taken by the Sentencing Commission in response to this section
and includes any recommendations the Commission may have
regarding statutory penalties for offenses under section 1030
of title 18, United States Code.
(d) Emergency Disclosure Exception.--
(1) * * *

* * * * * * *

(2) Reporting of disclosures.--A government entity
that receives a disclosure under section 2702(b) of
title 18, United States Code, shall file, not later
than 90 days after such disclosure, a report to the
Attorney General stating the paragraph of that section
under which the disclosure was made, the date of the
disclosure, the entity to which the disclosure was
made, the number of customers or subscribers to whom
the information disclosed pertained, and the number of
communications, if any, that were disclosed. The
Attorney General shall publish all such reports into a
single report to be submitted to Congress 1 year after
the date of enactment of this Act.

* * * * * * *

Subtitle D--Office of Science and Technology

SEC. 231. [6 U.S.C. 161] ESTABLISHMENT OF OFFICE; DIRECTOR.

(a) Establishment.--
(1) In general.--There is hereby established within
the Department of Justice an Office of Science and
Technology (hereinafter in this title referred to as
the ``Office'').
(2) Authority.--The Office shall be under the
general authority of the Assistant Attorney General,
Office of Justice Programs, and shall be established
within the National Institute of Justice.
(b) Director.--The Office shall be headed by a Director,
who shall be an individual appointed based on approval by the
Office of Personnel Management of the executive qualifications
of the individual.

SEC. 232. [6 U.S.C. 162] MISSION OF OFFICE; DUTIES.

(a) Mission.--The mission of the Office shall be--
(1) to serve as the national focal point for work
on law enforcement technology; and
(2) to carry out programs that, through the
provision of equipment, training, and technical
assistance, improve the safety and effectiveness of law
enforcement technology and improve access to such
technology by Federal, State, and local law enforcement
agencies.
(b) Duties.--In carrying out its mission, the Office shall
have the following duties:
(1) To provide recommendations and advice to the
Attorney General.
(2) To establish and maintain advisory groups
(which shall be exempt from the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.)) to
assess the law enforcement technology needs of Federal,
State, and local law enforcement agencies.
(3) To establish and maintain performance standards
in accordance with the National Technology Transfer and
Advancement Act of 1995 (Public Law 104-113) for, and
test and evaluate law enforcement technologies that may
be used by, Federal, State, and local law enforcement
agencies.
(4) To establish and maintain a program to certify,
validate, and mark or otherwise recognize law
enforcement technology products that conform to
standards established and maintained by the Office in
accordance with the National Technology Transfer and
Advancement Act of 1995 (Public Law 104-113). The
program may, at the discretion of the Office, allow for
supplier's declaration of conformity with such
standards.
(5) To work with other entities within the
Department of Justice, other Federal agencies, and the
executive office of the President to establish a
coordinated Federal approach on issues related to law
enforcement technology.
(6) To carry out research, development, testing,
evaluation, and cost-benefit analyses in fields that
would improve the safety, effectiveness, and efficiency
of law enforcement technologies used by Federal, State,
and local law enforcement agencies, including, but not
limited to--
(A) weapons capable of preventing use by
unauthorized persons, including personalized
guns;
(B) protective apparel;
(C) bullet-resistant and explosion-
resistant glass;
(D) monitoring systems and alarm systems
capable of providing precise location
information;
(E) wire and wireless interoperable
communication technologies;
(F) tools and techniques that facilitate
investigative and forensic work, including
computer forensics;
(G) equipment for particular use in
counterterrorism, including devices and
technologies to disable terrorist devices;
(H) guides to assist State and local law
enforcement agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate
investigations of computer crime.
(7) To administer a program of research,
development, testing, and demonstration to improve the
interoperability of voice and data public safety
communications.
(8) To serve on the Technical Support Working Group
of the Department of Defense, and on other relevant
interagency panels, as requested.
(9) To develop, and disseminate to State and local
law enforcement agencies, technical assistance and
training materials for law enforcement personnel,
including prosecutors.
(10) To operate the regional National Law
Enforcement and Corrections Technology Centers and, to
the extent necessary, establish additional centers
through a competitive process.
(11) To administer a program of acquisition,
research, development, and dissemination of advanced
investigative analysis and forensic tools to assist
State and local law enforcement agencies in combating
cybercrime.
(12) To support research fellowships in support of
its mission.
(13) To serve as a clearinghouse for information on
law enforcement technologies.
(14) To represent the United States and State and
local law enforcement agencies, as requested, in
international activities concerning law enforcement
technology.
(15) To enter into contracts and cooperative
agreements and provide grants, which may require in-
kind or cash matches from the recipient, as necessary
to carry out its mission.
(16) To carry out other duties assigned by the
Attorney General to accomplish the mission of the
Office.
(c) Competition Required.--Except as otherwise expressly
provided by law, all research and development carried out by or
through the Office shall be carried out on a competitive basis.
(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
entities 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 title 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 assessment of the needs
of Federal, State, and local law enforcement
agencies for assistance 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 assessed under paragraph
(1)(A) in previous reports.

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

For the purposes of this title, 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 INSTITUTE 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 Assets.--With respect to any function, power, or duty, or any program or activity, that is established in the Office, those employees and assets 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 title. 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, competitive 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) assist in the development and dissemination of
guidelines and technological standards; and
(4) provide technology assistance, 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 participants.
(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 assessing 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.

* * * * * * *

TITLE 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).
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(3) supporting the Under Secretary for Intelligence
and Analysis and the Assistant Secretary for
Infrastructure Protection, 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,, \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).
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(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 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
title 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 title XV, 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.

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 analysis 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) Classification.--To the greatest extent practicable, research conducted or supported by the Department shall be unclassified. (b) Construction.--Nothing in this title 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 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; and
(C) accelerate the prototyping and
deployment of technologies that would address
homeland security vulnerabilities.
(4) Targeted competitions.--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 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) 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 mass destruction
and biological warfare.
(iii) Emergency and diagnostic
medical services.
(iv) Chemical, biological,
radiological, and nuclear
countermeasures or detection.
(v) Animal and plant health and
diagnostics.
(vi) Food safety.
(vii) Water and wastewater
operations.
(viii) Port and waterway security.
(ix) Multi-modal transportation.
(x) Information security and
information engineering.
(xi) Engineering.
(xii) Educational outreach and
technical assistance.
(xiii) Border transportation and
security.
(xiv) The public policy
implications and public dissemination
of homeland security related research
and development.
(C) Discretion of secretary.--To the extent
that exercising such discretion is in the
interest of homeland security, and with respect
to the designation of any given university-
based center for homeland security, the
Secretary may except certain criteria as
specified in section 308(b)(2)(B) and consider
additional criteria beyond those specified in
section 308(b)(2)(B). Upon designation of a
university-based center for homeland security,
the Secretary shall that day publish in the
Federal Register the criteria that were
excepted or added in the selection process and
the justification for the set of criteria that
were used for that designation.
(D) Report to congress.--The Secretary
shall report annually, from the date of
enactment, to Congress concerning the
implementation of this section. That report
shall indicate which center or centers have
been designated and how the designation or
designations enhance homeland security, as well
as report any decisions to revoke or modify
such designations.
(E) Authorization of 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).

SEC. 309. [6 U.S.C. 189] UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL
LABORATORIES AND SITES IN SUPPORT OF HOMELAND
SECURITY ACTIVITIES.

(a) Authority to Utilize National Laboratories and Sites.--
(1) In 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).
(C) Any ``work for others'' basis made
available by that laboratory or site.
(D) Any other method provided by law.
(2) Acceptance and Performance by Labs and Sites.--
Notwithstanding any other law governing the
administration, mission, use, or operations of any of
the Department of Energy national laboratories and
sites, such laboratories and sites are authorized to
accept and perform work for the Secretary, consistent
with resources provided, and perform such work on an
equal basis to other missions at the laboratory and not
on a noninterference basis with other missions of such
laboratory or site.
(b) Joint Sponsorship Arrangements.--
(1) Laboratories.--The Department may be a joint
sponsor, under a multiple agency sponsorship
arrangement with the Department of Energy, of 1 or more
Department of Energy national laboratories in the
performance of work.
(2) Sites.--The Department may be a joint sponsor
of a Department of Energy site in the performance of
work as if such site were a federally funded research
and development center and the work were performed
under a multiple agency sponsorship arrangement with
the Department.
(3) Primary sponsor.--The Department of Energy
shall be the primary sponsor under a multiple agency
sponsorship arrangement referred to in paragraph (1) or
(2).
(4) Lead agent.--The Secretary of Energy shall act
as the lead agent in coordinating the formation and
performance of a joint sponsorship arrangement under
this subsection between the Department and a Department
of Energy national laboratory or site.
(5) Federal acquisition regulation.--Any work
performed by a Department of Energy national laboratory
or site under a joint sponsorship arrangement under
this subsection shall comply with the policy on the use
of federally funded research and development centers
under the Federal Acquisition Regulations.
(6) Funding.--The Department shall provide funds
for work at the Department of Energy national
laboratories or sites, as the case may be, under a
joint sponsorship arrangement under this subsection
under the same terms and conditions as apply to the
primary sponsor of such national laboratory under
section 303(b)(1)(C) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(b)(1)(C)) or of such site to the extent such
section applies to such site as a federally funded
research and development center by reason of this
subsection.
(c) Separate Contracting.--To the extent that programs or
activities transferred by this Act from the Department of
Energy to the Department of Homeland Security are being carried
out through direct contracts with the operator of a national
laboratory or site of the Department of Energy, the Secretary
of Homeland Security and the Secretary of Energy shall ensure
that direct contracts for such programs and activities between
the Department of Homeland Security and such operator are
separate from the direct contracts of the Department of Energy
with such operator.
(d) Authority With Respect to Cooperative Research and
Development Agreements and Licensing Agreements.--In connection
with any utilization of the Department of Energy national
laboratories and sites under this section, the Secretary may
permit the director of any such national laboratory or site to
enter into cooperative research and development agreements or
to negotiate licensing agreements with any person, any agency
or instrumentality, of the United States, any unit of State or
local government, and any other entity under the authority
granted by section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be
transferred to a non-Federal party to such an agreement
consistent with the provisions of sections 11 and 12 of that
Act (15 U.S.C. 3710, 3710a).
(e) Reimbursement of Costs.--In the case of an activity
carried out by the operator of a Department of Energy national
laboratory or site in connection with any utilization of such
laboratory or site under this section, the Department of
Homeland Security shall reimburse the Department of Energy for
costs of such activity through a method under which the
Secretary of Energy waives any requirement for the Department
of Homeland Security to pay administrative charges or personnel
costs of the Department of Energy or its contractors in excess
of the amount that the Secretary of Energy pays for an activity
carried out by such contractor and paid for by the Department
of Energy.
(f) Laboratory Directed Research and Development by the
Department of Energy.--No funds authorized to be appropriated
or otherwise made available to the Department in any fiscal
year may be obligated or expended for laboratory directed
research and development activities carried out by the
Department of Energy unless such activities support the
missions of the Department of Homeland Security.
(g) Office for National Laboratories.--There is established
within the Directorate of Science and Technology an Office for
National Laboratories, which shall be responsible for the
coordination and utilization of the Department of Energy
national laboratories and sites under this section in a manner
to create a networked laboratory system for the purpose of
supporting the missions of the Department.
(h) Department of Energy Coordination on Homeland Security
Related Research.--The Secretary of Energy shall ensure that
any research, development, test, and evaluation activities
conducted within the Department of Energy that are directly or
indirectly related to homeland security are fully coordinated
with the Secretary to minimize duplication of effort and
maximize the effective application of Federal budget resources.

SEC. 310. [6 U.S.C. 190] TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER,
DEPARTMENT OF AGRICULTURE.

(a) In General.--In accordance with title XV, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center. (b) Continued Department of Agriculture Access.--On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Department of Agriculture is able to carry out research, diagnostic, and other activities of the Department of Agriculture at the Center. (c) Direction of Activities.--The Secretary of Agriculture shall continue to direct the research, diagnostic, and other activities of the Department of Agriculture at the Center described in subsection (b). (d) Notification.-- (1) In general.--At least 180 days before any change in the biosafety level at the Plum Island Animal Disease Center, the President shall notify Congress of the change and describe the reasons for the change. (2) Limitation.--No change described in paragraph (1) may be made earlier than 180 days after the completion of the transition period (as defined in section 1501).

SEC. 311. [6 U.S.C. 191] 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. One class of six shall have a term of 1 year,
one class of seven a term of 2 years, and one class of
seven a term of 3 years.
(3) 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 on
December 31, 2008.

SEC. 312. [6 U.S.C. 192] HOMELAND SECURITY INSTITUTE.

(a) Establishment.--The Secretary shall establish a
federally funded research and development center to be known as
the ``Homeland Security Institute'' (in this section referred
to as the ``Institute'').
(b) Administration.--The Institute shall be administered as
a separate entity by the Secretary.
(c) Duties.--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.--In carrying out
the duties described in subsection (c), the Institute shall
consult widely with representatives from private industry,
institutions of higher education, nonprofit institutions, other
Government agencies, and federally funded research and
development centers.
(e) Use of Centers.--The Institute shall utilize the
capabilities of the National Infrastructure Simulation and
Analysis Center.
(f) Annual Reports.--The Institute shall transmit to the
Secretary and Congress an annual report on the activities of
the Institute under this section.
(g) Termination.--The Homeland Security Institute shall
terminate 5 years after its establishment.

SEC. 313. [6 U.S.C. 193] TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND
SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND
SECURITY.

(a) Establishment of Program.--The Secretary, acting
through the Under Secretary for Science and Technology, shall
establish and promote a program to encourage technological
innovation in facilitating the mission of the Department (as
described in section 101).
(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.
(c) Miscellaneous Provisions.--
(1) In general.--Nothing in this section shall be
construed as authorizing the Secretary or the technical
assistance team established under subsection (b)(3) to
set standards for technology to be used by the
Department, any other executive agency, any State or
local government entity, or any private sector entity.
(2) Certain proposals.--The technical assistance
team established under subsection (b)(3) shall not
consider or evaluate proposals submitted in response to
a solicitation for offers for a pending procurement or
for a specific agency requirement.
(3) Coordination.--In carrying out this section,
the Secretary shall coordinate with the Technical
Support Working Group (organized under the April 1982
National Security Decision Directive Numbered 30).

SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

(a) Clarification of Responsibilities.--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 7303(a)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1));
(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, 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, 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.--The Director of the Office for
Interoperability and Compatibility shall coordinate with the
Director for Emergency Communications with respect to the
SAFECOM program.
(c) Sufficiency of Resources.--The Secretary shall provide
the Office for Interoperability and Compatibility the resources
and staff necessary to carry out the responsibilities under
this section.

SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND
DEVELOPMENT.

(a) In General.--The 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) Purposes.--The purposes of the program established
under subsection (a) include--
(1) supporting research, development, testing, and
evaluation on emergency communication capabilities;
(2) understanding the strengths and weaknesses of
the public safety communications systems in use;
(3) examining how current and emerging technology
can make emergency response providers more effective,
and how Federal, State, local, and tribal government
agencies can use this technology in a coherent and
cost-effective manner;
(4) investigating technologies that could lead to
long-term advancements in emergency communications
capabilities and supporting research on advanced
technologies and potential systemic changes to
dramatically improve emergency communications; and
(5) evaluating and validating advanced technology
concepts, and facilitating the development and
deployment of interoperable emergency communication
capabilities.
(c) Definitions.--For purposes of this section, the term
``interoperable'', with respect to emergency communications,
has the meaning given the term in section 1808.

SEC. 316. [6 U.S.C. 195B] NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.