### §195e. Transparency in research and development

#### (a) Requirement to list research and development programs

#### (1) In general

The Secretary shall maintain a detailed list of the following:

(A) Each classified and unclassified research and development project, and all appropriate details for each such project, including the component of the Department responsible for each such project.

(B) Each task order for a Federally Funded Research and Development Center not associated with a research and development project.

(C) Each task order for a University-based center of excellence not associated with a research and development project.

(D) The indicators developed and tracked by the Under Secretary for Science and Technology with respect to transitioned projects pursuant to subsection (c).

#### (2) Exception for certain completed projects

Paragraph (1) shall not apply to a project completed or otherwise terminated before December 23, 2016.

#### (3) Updates

The list required under paragraph (1) shall be updated as frequently as possible, but not less frequently than once per quarter.

#### (4) Research and development defined

For purposes of the list required under paragraph (1), the Secretary shall provide a definition for the term "research and development".

#### (b) Requirement to report to Congress on all projects

Not later than January 1, 2017, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a classified and unclassified report, as applicable, that lists each ongoing classified and unclassified project at the Department, including all appropriate details of each such project.

#### (c) Indicators of success of transitioned projects

#### (1) In general

For each project that has been transitioned to practice from research and development, the Under Secretary for Science and Technology shall develop and track indicators to demonstrate the uptake of the technology or project among customers or end-users.

#### (2) Requirement

To the fullest extent possible, the tracking of a project required under paragraph (1) shall continue for the three-year period beginning on the date on which such project was transitioned to practice from research and development.

#### (d) Definitions

In this section:

#### (1) All appropriate details

The term "all appropriate details" means, with respect to a research and development project—

(A) the name of such project, including both classified and unclassified names if applicable;

(B) the name of the component of the Department carrying out such project;

(C) an abstract or summary of such project;

(D) funding levels for such project;

(E) project duration or timeline;

(F) the name of each contractor, grantee, or cooperative agreement partner involved in such project;

(G) expected objectives and milestones for such project; and

(H) to the maximum extent practicable, relevant literature and patents that are associated with such project.

#### (2) Classified

The term "classified" means anything containing—

(A) classified national security information as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) or any successor order;

(B) Restricted Data or data that was formerly Restricted Data, as defined in section 2014(y) of title 42;

(C) material classified at the Sensitive Compartmented Information (SCI) level, as defined in section 3345 of title 50; or

(D) information relating to a special access program, as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) or any successor order.

#### (3) Controlled unclassified information

The term "controlled unclassified information" means information described as "Controlled Unclassified Information" under Executive Order 13556 (50 U.S.C. 3501 note) 1 or any successor order.

#### (4) Project

The term "project" means a research or development project, program, or activity administered by the Department, whether ongoing, completed, or otherwise terminated.

#### (e) Limitation

Nothing in this section overrides or otherwise affects the requirements specified in section 468 of this title.

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

#### **Editorial Notes**

#### References in Text

Executive Order 13556, referred to in subsec. (d)(3), is set out as a note under section 3501 of Title 44, Public Printing and Documents.

#### Prior Provisions

A prior section 319 of Pub. L. 107–296 was renumbered section 320 and is classified to section 195f of this title.

1 See References in Text note below.