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.

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