In general
section 182(4) of this titleThe Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under through both extramural and intramural programs.
Extramural programs
In general
University-based centers for homeland security
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.
Criteria for designation
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 subparagraph (B) and consider additional criteria beyond those specified in subparagraph (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.
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.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
Intramural programs
Consultation
section 182 of this titleIn carrying out the duties under , 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.
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.
Criteria for headquarters laboratory
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).
Preference for United States industry
Definitions
Country of concern
Nonprofit organization; small business firm; subject invention
section 201 of title 35The terms “nonprofit organization”, “small business firm”, and “subject invention” have the meanings given such terms in .
Manufactured substantially in the United States
The term “manufactured substantially in the United States” means an item is a domestic end product.
Domestic end product
The term “domestic end product” has the meaning given such term in section 25.003 of title 48, Code of Federal Regulations, or any successor thereto.
11 So in original. There is no par. (2). Waivers
In general
section 204 of title 35Subject to subparagraph (B), in individual cases, the requirements under may be waived by the Secretary upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.
Conditions on waivers granted by Department
Before grant of waiver
Public Law 117–58Before granting a waiver under subparagraph (A), the Secretary shall comply with the procedures developed and implemented by the Department pursuant to section 70923(b)(2) of the Build America, Buy America Act (enacted as subtitle A of title IX of division G of ).
Prohibition on granting certain waivers
The Secretary may not grant a waiver under subparagraph (A) if, as a result of such waiver, products embodying the applicable subject invention, or produced through the use of the applicable subject invention, would be manufactured substantially in a country of concern.
Pub. L. 107–296, title III, § 308116 Stat. 2170Pub. L. 108–7, div. L, § 101(1)117 Stat. 526Pub. L. 117–263, div. G, title LXXI, § 7114136 Stat. 3633(, , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 107–296The date of enactment, referred to in subsec. (b)(2)(D), probably means the date of enactment of this section by , which was approved .
section 70923(b)(2) of Pub. L. 117–58135 Stat. 1306Section 70923(b)(2) of the Build America, Buy America Act, referred to in subsec. (d)(3)(B)(i), is , div. G, title IX, , , which is not classified to the Code.
Amendments
Pub. L. 117–2632022—Subsec. (d). added subsec. (d).
Pub. L. 108–7section 182(4) of this title2003—Subsecs. (a) to (c)(1). added subsecs. (a) to (c)(1) and struck out former subsecs. (a) to (c)(1) which related to the responsibilities of the Secretary, acting through the Under Secretary for Science and Technology, to carry out the responsibilities under through both extramural and intramural programs, to operate extramural research, development, demonstration, testing, and evaluation programs, to establish a coordinated, university-based system to enhance the Nation’s homeland security, and to draw upon the expertise of any laboratory of the Federal Government.