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(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 Cen-
ters necessary to meet the technology needs of Federal, State,
and local law enforcement in the United States.
SEC. 236. COORDINATION WITH OTHER ENTITIES WITHIN
DEPARTMENT OF JUSTICE.
Section 102 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3712) is amended in sub-
section (a)(5) by inserting ‘‘coordinate and’’ before ‘‘pro-
vide’’.
SEC. 237. AMENDMENTS RELATING TO NATIONAL INSTI-
TUTE OF JUSTICE.
Section 202(c) of the Omnibus Crime Control and
Safety Streets Act of 1968 (42 U.S.C. 3722(c)) is
amended—
(1) in paragraph (3) by inserting ‘‘, including
cost effectiveness where practical,’’ before ‘‘of projects’’;
and
(2) by striking ‘‘and’’ after the semicolon at the
end of paragraph (8), striking the period at the end
of paragraph (9) and inserting ‘‘; and’’, and by add-
ing at the end the following:
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‘‘(10) research and development of tools and tech-
nologies relating to prevention, detection, investiga-
tion, and prosecution of crime; and
‘‘(11) support research, development, testing,
training, and evaluation of tools and technology for
Federal, State, and local law enforcement agencies.’’.
TITLE III—SCIENCE AND TECH-
NOLOGY 
IN 
SUPPORT 
OF
HOMELAND SECURITY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECH-
NOLOGY.
There shall be in the Department a Directorate of
Science and Technology headed by an Under Secretary for
Science and Technology.
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE
UNDER SECRETARY FOR SCIENCE AND TECH-
NOLOGY.
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 appro-
priate executive agencies, a national policy and stra-
tegic plan for, identifying priorities, goals, objectives
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and policies for, and coordinating the Federal Gov-
ernment’s civilian efforts to identify and develop
countermeasures to chemical, biological, radiological,
nuclear, and other emerging terrorist threats, includ-
ing the development of comprehensive, research-based
definable goals for such efforts and development of an-
nual measurable objectives and specific targets to ac-
complish and evaluate the goals for such efforts;
(3) supporting the Under Secretary for Informa-
tion Analysis and Infrastructure Protection, by as-
sessing and testing homeland security vulnerabilities
and possible threats;
(4) conducting basic and applied research, devel-
opment, demonstration, testing, and evaluation ac-
tivities that are relevant to any or all elements of the
Department, through both intramural and extramural
programs, except that such responsibility does not ex-
tend to human health-related research and develop-
ment activities;
(5) establishing priorities for, directing, funding,
and conducting national research, development, test
and evaluation, and procurement of technology and
systems for—
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(A) preventing the importation of chemical,
biological, radiological, nuclear, and related
weapons and material; and
(B) 
detecting, 
preventing, 
protecting
against, and responding to terrorist attacks;
(6) establishing a system for transferring home-
land security developments or technologies to federal,
state, local government, and private sector entities;
(7) entering into work agreements, joint sponsor-
ships, contracts, or any other agreements with the De-
partment 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 Agri-
culture and the Attorney General as provided in sec-
tion 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 de-
termining 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, pur-
suant to section 351A of the Public Health Service
Act (42 U.S.C. 262a);
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(10) supporting United States leadership in
science and technology;
(11) establishing and administering the primary
research and development activities of the Depart-
ment, including the long-term research and develop-
ment needs and capabilities for all elements of the De-
partment;
(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department;
(13) coordinating with other appropriate execu-
tive 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 administra-
tion of guidelines for merit review of research and de-
velopment projects throughout the Department, and
for the dissemination of research conducted or spon-
sored by the Department.
SEC. 303. FUNCTIONS TRANSFERRED.
In accordance with title XV, there shall be transferred
to the Secretary the functions, personnel, assets, and liabil-
ities of the following entities:
(1) The following programs and activities of the
Department of Energy, including the functions of the
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Secretary of Energy relating thereto (but not includ-
ing programs and activities relating to the strategic
nuclear defense posture of the United States):
(A) The chemical and biological national se-
curity 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 pro-
gram of the nonproliferation and verification re-
search 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 co-
operation program of the international materials
protection and cooperation program.
(D) Such life sciences activities of the bio-
logical and environmental research program re-
lated to microbial pathogens as may be des-
ignated by the President for transfer to the De-
partment.
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(E) The Environmental Measurements Lab-
oratory.
(F) The advanced scientific computing re-
search 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. 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 (includ-
ing 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 activi-
ties in collaboration with the Secretary of Homeland Secu-
rity to ensure consistency with the national policy and stra-
tegic plan developed pursuant to section 302(2).
(b) EVALUATION OF PROGRESS.—In carrying out sub-
section (a), the Secretary of Health and Human Services
shall collaborate with the Secretary in developing specific
benchmarks and outcome measurements for evaluating
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progress toward achieving the priorities and goals described
in such subsection.
(c) ADMINISTRATION OF COUNTERMEASURES AGAINST
SMALLPOX.—Section 224 of the Public Health Service Act
(42 U.S.C. 233) is amended by adding the following:
‘‘(p) ADMINISTRATION
OF
SMALLPOX
COUNTER-
MEASURES BY HEALTH PROFESSIONALS.—
‘‘(1) IN GENERAL.—For purposes of this section,
and subject to other provisions of this subsection, a
covered person shall be deemed to be an employee of
the Public Health Service with respect to liability
arising out of administration of a covered counter-
measure against smallpox to an individual during the
effective period of a declaration by the Secretary
under paragraph (2)(A).
‘‘(2) DECLARATION BY SECRETARY CONCERNING
COUNTERMEASURE AGAINST SMALLPOX.—
‘‘(A) AUTHORITY
TO
ISSUE
DECLARA-
TION.—
‘‘(i) IN GENERAL.—The Secretary may
issue a declaration, pursuant to this para-
graph, concluding that an actual or poten-
tial bioterrorist incident or other actual or
potential public health emergency makes ad-
visable the administration of a covered
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countermeasure to a category or categories
of individuals.
‘‘(ii) COVERED
COUNTERMEASURE.—
The Secretary shall specify in such declara-
tion the substance or substances that shall
be considered covered countermeasures (as
defined in paragraph (8)(A)) for purposes
of administration to individuals during the
effective period of the declaration.
‘‘(iii) EFFECTIVE
PERIOD.—The Sec-
retary shall specify in such declaration the
beginning and ending dates of the effective
period of the declaration, and may subse-
quently amend such declaration to shorten
or extend such effective period, provided
that the new closing date is after the date
when the declaration is amended.
‘‘(iv) 
PUBLICATION.—The 
Secretary
shall promptly publish each such declara-
tion and amendment in the Federal Reg-
ister.
‘‘(B) LIABILITY OF UNITED STATES ONLY
FOR ADMINISTRATIONS WITHIN SCOPE OF DEC-
LARATION.—Except as provided in paragraph
(5)(B)(ii), the United States shall be liable under
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this subsection with respect to a claim arising
out of the administration of a covered counter-
measure to an individual only if—
‘‘(i) the countermeasure was adminis-
tered by a qualified person, for a purpose
stated in paragraph (7)(A)(i), and during
the effective period of a declaration by the
Secretary under subparagraph (A) with re-
spect to such countermeasure; and
‘‘(ii)(I) the individual was within a
category of individuals covered by the dec-
laration; or
‘‘(II) the qualified person admin-
istering the countermeasure had reasonable
grounds to believe that such individual was
within such category.
‘‘(C) PRESUMPTION
OF
ADMINISTRATION
WITHIN SCOPE OF DECLARATION IN CASE OF AC-
CIDENTAL VACCINIA INOCULATION.—
‘‘(i) IN GENERAL.—If vaccinia vaccine
is a covered countermeasure specified in a
declaration under subparagraph (A), and
an individual to whom the vaccinia vaccine
is not administered contracts vaccinia,
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then, under the circumstances specified in
clause (ii), the individual—
‘‘(I) shall be rebuttably presumed
to have contracted vaccinia from an
individual to whom such vaccine was
administered as provided by clauses (i)
and (ii) of subparagraph (B); and
‘‘(II) shall (unless such presump-
tion is rebutted) be deemed for pur-
poses of this subsection to be an indi-
vidual to whom a covered counter-
measure was administered by a quali-
fied person in accordance with the
terms of such declaration and as de-
scribed by subparagraph (B).
‘‘(ii) CIRCUMSTANCES IN WHICH PRE-
SUMPTION APPLIES.—The presumption and
deeming stated in clause (i) shall apply
if—
‘‘(I) 
the 
individual 
contracts
vaccinia during the effective period of
a declaration under subparagraph (A)
or by the date 30 days after the close
of such period; or
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‘‘(II) the individual resides or has
resided with an individual to whom
such vaccine was administered as pro-
vided by clauses (i) and (ii) of sub-
paragraph (B) and contracts vaccinia
after such date.
‘‘(3) EXCLUSIVITY
OF
REMEDY.—The remedy
provided by subsection (a) shall be exclusive of any
other civil action or proceeding for any claim or suit
this subsection encompasses.
‘‘(4) CERTIFICATION OF ACTION BY ATTORNEY
GENERAL.—Subsection (c) applies to actions under
this subsection, subject to the following provisions:
‘‘(A) NATURE OF CERTIFICATION.—The cer-
tification by the Attorney General that is the
basis for deeming an action or proceeding to be
against the United States, and for removing an
action or proceeding from a State court, is a cer-
tification that the action or proceeding is
against a covered person and is based upon a
claim alleging personal injury or death arising
out of the administration of a covered counter-
measure.
‘‘(B) CERTIFICATION
OF
ATTORNEY
GEN-
ERAL CONCLUSIVE.—The certification of the At-
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torney General of the facts specified in subpara-
graph (A) shall conclusively establish such facts
for purposes of jurisdiction pursuant to this sub-
section.
‘‘(5) DEFENDANT TO COOPERATE WITH UNITED
STATES.—
‘‘(A) IN GENERAL.—A covered person shall
cooperate with the United States in the proc-
essing and defense of a claim or action under
this subsection based upon alleged acts or omis-
sions of such person.
‘‘(B) CONSEQUENCES OF FAILURE TO CO-
OPERATE.—Upon the motion of the United
States or any other party and upon finding that
such person has failed to so cooperate—
‘‘(i) the court shall substitute such per-
son as the party defendant in place of the
United States and, upon motion, shall re-
mand any such suit to the court in which
it was instituted if it appears that the court
lacks subject matter jurisdiction;
‘‘(ii) the United States shall not be lia-
ble based on the acts or omissions of such
person; and
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‘‘(iii) the Attorney General shall not be
obligated to defend such action.
‘‘(6) RECOURSE AGAINST COVERED PERSON IN
CASE OF GROSS MISCONDUCT OR CONTRACT VIOLA-
TION.—
‘‘(A) IN
GENERAL.—Should payment be
made by the United States to any claimant
bringing a claim under this subsection, either by
way of administrative determination, settlement,
or court judgment, the United States shall have,
notwithstanding any provision of State law, the
right to recover for that portion of the damages
so awarded or paid, as well as interest and any
costs of litigation, resulting from the failure of
any covered person to carry out any obligation
or responsibility assumed by such person under
a contract with the United States or from any
grossly negligent, reckless, or illegal conduct or
willful misconduct on the part of such person.
‘‘(B) VENUE.—The United States may
maintain an action under this paragraph
against such person in the district court of the
United States in which such person resides or
has its principal place of business.
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‘‘(7) DEFINITIONS.—As used in this subsection,
terms have the following meanings:
‘‘(A) 
COVERED
COUNTERMEASURE.—The
term ‘covered countermeasure’, or ‘covered coun-
termeasure against smallpox’, means a substance
that is—
‘‘(i)(I) used to prevent or treat small-
pox (including the vaccinia or another vac-
cine); or
‘‘(II) vaccinia immune globulin used to
control or treat the adverse effects of
vaccinia inoculation; and
‘‘(ii) specified in a declaration under
paragraph (2).
‘‘(B) COVERED PERSON.—The term ‘covered
person’, when used with respect to the adminis-
tration of a covered countermeasure, includes
any person who is—
‘‘(i) a manufacturer or distributor of
such countermeasure;
‘‘(ii) a health care entity under whose
auspices such countermeasure was adminis-
tered;
‘‘(iii) a qualified person who adminis-
tered such countermeasure; or
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‘‘(iv) an official, agent, or employee of
a person described in clause (i), (ii), or
(iii).
‘‘(C) QUALIFIED PERSON.—The term ‘quali-
fied person’, when used with respect to the ad-
ministration of a covered countermeasure, means
a licensed health professional or other individual
who is authorized to administer such counter-
measure under the law of the State in which the
countermeasure was administered.’’.
SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the authority to estab-
lish 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 respon-
sibilities under this Act, including coordinating and inte-
grating both the extramural and intramural programs de-
scribed in section 308.
SEC. 306. MISCELLANEOUS PROVISIONS.
(a) CLASSIFICATION.—To the greatest extent prac-
ticable, research conducted or supported by the Department
shall be unclassified.
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(b) CONSTRUCTION.—Nothing in this title shall be con-
strued to preclude any Under Secretary of the Department
from carrying out research, development, demonstration, or
deployment activities, as long as such activities are coordi-
nated through the Under Secretary for Science and Tech-
nology.
(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 De-
partment, 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. HOMELAND SECURITY ADVANCED RESEARCH
PROJECTS AGENCY.
(a) DEFINITIONS.—In this section:
(1) FUND.—The term ‘‘Fund’’ means the Accel-
eration Fund for Research and Development of Home-
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land 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 home-
land security threats, particularly acts of terrorism.
(3) HSARPA.—The term ‘‘HSARPA’’ means the
Homeland Security Advanced Research Projects Agen-
cy established in subsection (b).
(4) UNDER SECRETARY.—The term ‘‘Under Sec-
retary’’ means the Under Secretary for Science and
Technology.
(b) HSARPA.—
(1) ESTABLISHMENT.—There is established the
Homeland Security Advanced Research Projects Agen-
cy.
(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 ad-
minister the Fund to award competitive, merit-re-
viewed grants, cooperative agreements or contracts to
public or private entities, including businesses, feder-
ally funded research and development centers, and
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universities. The Director shall administer the Fund
to—
(A) support basic and applied homeland se-
curity research to promote revolutionary changes
in technologies that would promote homeland se-
curity;
(B) advance the development, testing and
evaluation, and deployment of critical homeland
security technologies; and
(C) accelerate the prototyping and deploy-
ment of technologies that would address home-
land 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 employ-
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ees under subsection (c)(1) of that section may not ex-
ceed 5 years before the granting of any extension
under subsection (c)(2) of that section.
(7) DEMONSTRATIONS.—The Director, periodi-
cally, shall hold homeland security technology dem-
onstrations to improve contact among technology de-
velopers, 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 ad-
ministered 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 re-
search and development of improved ports, waterways
and coastal security surveillance and perimeter pro-
tection capabilities for the purpose of minimizing the
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possibility that Coast Guard cutters, aircraft, heli-
copters, and personnel will be diverted from non-
homeland security missions to the ports, waterways
and coastal security mission.
SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEM-
ONSTRATION, 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, demonstra-
tion, testing, and evaluation programs so as to—
(A) ensure that colleges, universities, private
research institutes, and companies (and con-
sortia 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, cooper-
ative agreements, and contracts.
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(2) UNIVERSITY-BASED CENTERS FOR HOMELAND
SECURITY.—
(A) ESTABLISHMENT.—The Secretary, act-
ing 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 pur-
pose of this center or centers shall be to establish
a coordinated, university-based system to en-
hance the Nation’s homeland security.
(B) CRITERIA FOR SELECTION.—In select-
ing colleges or universities as centers for home-
land security, the Secretary shall consider the
following criteria:
(i) Demonstrated expertise in the
training of first responders.
(ii) Demonstrated expertise in respond-
ing to incidents involving weapons of mass
destruction and biological warfare.
(iii) Demonstrated expertise in emer-
gency medical services.
(iv) Demonstrated expertise in chem-
ical, biological, radiological, and nuclear
countermeasures.
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(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 edu-
cational outreach and technical assistance.
(xiv) Demonstrated expertise in border
transportation and security.
(xv) Demonstrated expertise in inter-
disciplinary public policy research and
communication outreach regarding science,
technology, and public policy.
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(C) DISCRETION OF SECRETARY.—The Sec-
retary 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 nec-
essary.
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—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 Fed-
eral Government, whether operated by a contractor or
the Government.
(2) 
LABORATORIES.—The 
Secretary, 
acting
through the Under Secretary for Science and Tech-
nology, may establish a headquarters laboratory for
the Department at any laboratory or site and may es-
tablish additional laboratory units at other labora-
tories or sites.
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(3) CRITERIA
FOR
HEADQUARTERS
LABORA-
TORY.—If the Secretary chooses to establish a head-
quarters 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 Fed-
eral agencies, and other experts.
(B) Publish the criteria in the Federal Reg-
ister.
(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 lab-
oratory shall perform.
(4) LIMITATION
ON
OPERATION
OF
LABORA-
TORIES.—No laboratory shall begin operating as the
headquarters laboratory of the Department until at
least 30 days after the transmittal of the report re-
quired by paragraph (3)(E).
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SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NA-
TIONAL LABORATORIES AND SITES IN SUP-
PORT 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 De-
partment 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 re-
ferred to in subsection (b).
(B) A direct contract between the Depart-
ment 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 gov-
erning the administration, mission, use, or operations
of any of the Department of Energy national labora-
tories and sites, such laboratories and sites are au-
thorized 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 lab-
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oratory 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 per-
formance of work as if such site were a federally fund-
ed research and development center and the work were
performed under a multiple agency sponsorship ar-
rangement with the Department.
(3) PRIMARY SPONSOR.—The Department of En-
ergy shall be the primary sponsor under a multiple
agency sponsorship arrangement referred to in para-
graph (1) or (2).
(4) LEAD
AGENT.—The Secretary of Energy
shall act as the lead agent in coordinating the forma-
tion and performance of a joint sponsorship arrange-
ment under this subsection between the Department
and a Department of Energy national laboratory or
site.
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(5) FEDERAL
ACQUISITION
REGULATION.—Any
work performed by a Department of Energy national
laboratory or site under a joint sponsorship arrange-
ment under this subsection shall comply with the pol-
icy on the use of federally funded research and devel-
opment centers under the Federal Acquisition Regula-
tions.
(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 pri-
mary sponsor of such national laboratory under sec-
tion 303(b)(1)(C) of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 253
(b)(1)(C)) or of such site to the extent such section ap-
plies to such site as a federally funded research and
development center by reason of this subsection.
(c) SEPARATE CONTRACTING.—To the extent that pro-
grams or activities transferred by this Act from the Depart-
ment of Energy to the Department of Homeland Security
are being carried out through direct contracts with the oper-
ator of a national laboratory or site of the Department of
Energy, the Secretary of Homeland Security and the Sec-
retary of Energy shall ensure that direct contracts for such
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programs and activities between the Department of Home-
land Security and such operator are separate from the di-
rect contracts of the Department of Energy with such oper-
ator.
(d) AUTHORITY WITH RESPECT TO COOPERATIVE RE-
SEARCH 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 cooper-
ative research and development agreements or to negotiate
licensing agreements with any person, any agency or in-
strumentality, 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 ac-
tivity carried out by the operator of a Department of En-
ergy national laboratory or site in connection with any uti-
lization of such laboratory or site under this section, the
Department of Homeland Security shall reimburse the De-
partment of Energy for costs of such activity through a
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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 Depart-
ment 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 DEVELOP-
MENT BY THE DEPARTMENT OF ENERGY.—No funds au-
thorized to be appropriated or otherwise made available to
the Department in any fiscal year may be obligated or ex-
pended for laboratory directed research and development ac-
tivities 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 Tech-
nology an Office for National Laboratories, which shall be
responsible for the coordination and utilization of the De-
partment 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 Sec-
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(d) NOTIFICATION.—
(1) IN GENERAL.—At least 180 days before any
change in the biosafety level at the Plum Island Ani-
mal Disease Center, the President shall notify Con-
gress of the change and describe the reasons for the
change.
(2) LIMITATION.—No change described in para-
graph (1) may be made earlier than 180 days after
the completion of the transition period (as defined in
section 1501.
SEC. 311. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY 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 ‘‘Ad-
visory 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 in-
clude emergency first-responders or representatives of
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organizations or associations of emergency first-re-
sponders. The Advisory Committee shall also include
representatives of citizen groups, including economi-
cally disadvantaged communities. The individuals
appointed as members of the Advisory Committee—
(A) shall be eminent in fields such as emer-
gency response, research, engineering, new prod-
uct development, business, and management con-
sulting;
(B) shall be selected solely on the basis of es-
tablished records of distinguished service;
(C) shall not be employees of the Federal
Government; and
(D) shall be so selected as to provide rep-
resentation of a cross-section of the research, de-
velopment, demonstration, and deployment ac-
tivities 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 re-
flects the representation described in paragraph (1).
(c) TERMS OF OFFICE.—
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(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 ap-
pointed 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 Advi-
sory Committee not having a conflict of interest in the mat-
ter being considered by the Advisory Committee shall con-
stitute a quorum.
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(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 con-
sidered 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 Con-
gress on or before January 31 of each year. Such re-
port shall describe the activities and recommendations
of the Advisory Committee during the previous year.
(2) ADDITIONAL REPORTS.—The Advisory Com-
mittee may render to the Under Secretary for trans-
mittal to Congress such additional reports on specific
policy matters as it considers appropriate.
(i) FACA EXEMPTION.—Section 14 of the Federal Ad-
visory Committee Act shall not apply to the Advisory Com-
mittee.
(j) TERMINATION.—The Department of Homeland Se-
curity Science and Technology Advisory Committee shall
terminate 3 years after the effective date of this Act.
SEC. 312. HOMELAND SECURITY INSTITUTE.
(a) ESTABLISHMENT.—The Secretary shall establish a
federally funded research and development center to be
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known as the ‘‘Homeland Security Institute’’ (in this sec-
tion referred to as the ‘‘Institute’’).
(b) ADMINISTRATION.—The Institute shall be adminis-
tered as a separate entity by the Secretary.
(c) DUTIES.—The duties of the Institute shall be deter-
mined by the Secretary, and may include the following:
(1) Systems analysis, risk analysis, and simula-
tion and modeling to determine the vulnerabilities of
the Nation’s critical infrastructures and the effective-
ness of the systems deployed to reduce those
vulnerabilities.
(2) Economic and policy analysis to assess the
distributed costs and benefits of alternative ap-
proaches to enhancing security.
(3) Evaluation of the effectiveness of measures
deployed to enhance the security of institutions, facili-
ties, and infrastructure that may be terrorist targets.
(4) Identification of instances when common
standards and protocols could improve the interoper-
ability and effective utilization of tools developed for
field operators and first responders.
(5) Assistance for Federal agencies and depart-
ments in establishing testbeds to evaluate the effective-
ness of technologies under development and to assess
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the appropriateness of such technologies for deploy-
ment.
(6) Design of metrics and use of those metrics to
evaluate the effectiveness of homeland security pro-
grams 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 Insti-
tute shall consult widely with representatives from private
industry, institutions of higher education, nonprofit insti-
tutions, 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 ac-
tivities of the Institute under this section.
(g) TERMINATION.—The Homeland Security Institute
shall terminate 3 years after the effective date of this Act.
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SEC. 313. 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 Tech-
nology, 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 addi-
tional 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 sub-
section (c)(2)) to assess the feasibility, scientific and
technical merits, and estimated cost of such proposals,
as appropriate.
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(4) The provision of guidance, recommendations,
and technical assistance, as appropriate, to assist
Federal, State, and local government and private sec-
tor efforts to evaluate and implement the use of tech-
nologies described in paragraph (1) or (2).
(5) The provision of information for persons
seeking guidance on how to pursue proposals to de-
velop or deploy technologies that would enhance home-
land security, including information relating to Fed-
eral funding, regulation, or acquisition.
(c) MISCELLANEOUS PROVISIONS.—
(1) IN GENERAL.—Nothing in this section shall
be construed as authorizing the Secretary or the tech-
nical 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 assist-
ance team established under subsection (b)(3) shall
not consider or evaluate proposals submitted in re-
sponse to a solicitation for offers for a pending pro-
curement or for a specific agency requirement.
(3) COORDINATION.—In carrying out this sec-
tion, the Secretary shall coordinate with the Technical
Support Working Group (organized under the April
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1982 National Security Decision Directive Numbered
30).
TITLE 
IV—DIRECTORATE 
OF
BORDER 
AND 
TRANSPOR-
TATION SECURITY
Subtitle A—Under Secretary for
Border and Transportation Se-
curity
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPOR-
TATION SECURITY.
There shall be in the Department a Directorate of Bor-
der and Transportation Security headed by an Under Sec-
retary for Border and Transportation Security.
SEC. 402. RESPONSIBILITIES.
The Secretary, acting through the Under Secretary for
Border and Transportation Security, shall be responsible
for the following:
(1) Preventing the entry of terrorists and the in-
struments of terrorism into the United States.
(2) Securing the borders, territorial waters,
ports, terminals, waterways, and air, land, and sea
transportation systems of the United States, including
managing and coordinating those functions trans-
ferred to the Department at ports of entry.
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(3) Carrying out the immigration enforcement
functions vested by statute in, or performed by, the
Commissioner of Immigration and Naturalization (or
any officer, employee, or component of the Immigra-
tion and Naturalization Service) immediately before
the date on which the transfer of functions specified
under section 441 takes effect.
(4) Establishing and administering rules, in ac-
cordance with section 428, governing the granting of
visas or other forms of permission, including parole,
to enter the United States to individuals who are not
a citizen or an alien lawfully admitted for permanent
residence in the United States.
(5) Establishing national immigration enforce-
ment policies and priorities.
(6) Except as provided in subtitle C, admin-
istering the customs laws of the United States.
(7) Conducting the inspection and related ad-
ministrative functions of the Department of Agri-
culture transferred to the Secretary of Homeland Se-
curity under section 421.
(8) In carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of law-
ful traffic and commerce.
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SEC. 403. FUNCTIONS TRANSFERRED.
In accordance with title XV (relating to transition
provisions), there shall be transferred to the Secretary the
functions, personnel, assets, and liabilities of—
(1) the United States Customs Service of the De-
partment of the Treasury, including the functions of
the Secretary of the Treasury relating thereto;
(2) the Transportation Security Administration
of the Department of Transportation, including the
functions of the Secretary of Transportation, and of
the Under Secretary of Transportation for Security,
relating thereto;
(3) the Federal Protective Service of the General
Services Administration, including the functions of
the Administrator of General Services relating there-
to;
(4) the Federal Law Enforcement Training Cen-
ter of the Department of the Treasury; and
(5) the Office for Domestic Preparedness of the
Office of Justice Programs, including the functions of
the Attorney General relating thereto.
Subtitle B—United States Customs
Service
SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.
(a) ESTABLISHMENT.—There is established in the De-
partment the United States Customs Service, under the au-