6 U.S.C. § 596 — Contracting and grant making authorities

Page 297 TITLE 6—DOMESTIC SECURITY § 596 1 See References in Text note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director for Domestic Nuclear De- tection deemed to be a reference to the Assistant Sec- retary for the Countering Weapons of Mass Destruction Office, see section 2(b)(1)(B) of Pub. L. 115–387, set out as a note under section 591 of this title. DEFINITIONS For definitions of terms used in this section, see sec- tion 901 of this title. § 593. Hiring authority In hiring personnel for the Office, the Sec- retary shall have the hiring and management authorities provided in section 1101 1 of the Strom Thurmond National Defense Authoriza- tion Act for Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments for employees under subsection (c)(1) of such section may not exceed 5 years before granting any extension under sub- section (c)(2) of such section. (Pub. L. 107–296, title XIX, § 1924, formerly title XVIII, § 1803, as added Pub. L. 109–347, title V, § 501(a), Oct. 13, 2006, 120 Stat. 1934; renumbered title XIX, § 1903, Pub. L. 110–53, title I, § 104(a)(1), (2), Aug. 3, 2007, 121 Stat. 294; renumbered § 1924, Pub. L. 115–387, § 2(a)(5), Dec. 21, 2018, 132 Stat. 5163.) Editorial Notes REFERENCES IN TEXT Section 1101 of the Strom Thurmond National De- fense Authorization Act for Fiscal Year 1999, referred to in text, is section 1101 of Pub. L. 105–261, which was formerly set out as a note under section 3104 of Title 5, Government Organization and Employees, prior to re- peal by Pub. L. 114–328, div. A, title XI, § 1121(b), Dec. 23, 2016, 130 Stat. 2452. See section 4092 of Title 10, Armed Forces. § 594. Testing authority (a) In general The Director shall coordinate with the respon- sible Federal agency or other entity to facilitate the use by the Office, by its contractors, or by other persons or entities, of existing Govern- ment laboratories, centers, ranges, or other testing facilities for the testing of materials, equipment, models, computer software, and other items as may be related to the missions identified in section 592 of this title. Any such use of Government facilities shall be carried out in accordance with all applicable laws, regula- tions, and contractual provisions, including those governing security, safety, and environ- mental protection, including, when applicable, the provisions of section 189 of this title. The Of- fice may direct that private sector entities uti- lizing Government facilities in accordance with this section pay an appropriate fee to the agen- cy that owns or operates those facilities to de- fray additional costs to the Government result- ing from such use. (b) Confidentiality of test results The results of tests performed with services made available shall be confidential and shall not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed. (c) Fees Fees for services made available under this section shall not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor sup- port, and salaries of personnel that are incurred by the United States to provide for the testing. (d) Use of fees Fees received for services made available under this section may be credited to the appro- priation from which funds were expended to pro- vide such services. (Pub. L. 107–296, title XIX, § 1925, formerly title XVIII, § 1804, as added Pub. L. 109–347, title V, § 501(a), Oct. 13, 2006, 120 Stat. 1934; renumbered title XIX, § 1904, and amended Pub. L. 110–53, title I, § 104(a)(1)–(3), Aug. 3, 2007, 121 Stat. 294; renumbered § 1925 and amended Pub. L. 115–387, § 2(a)(5), (7), Dec. 21, 2018, 132 Stat. 5163, 5164.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–387, § 2(a)(7), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 592 of this title. 2007—Subsec. (a). Pub. L. 110–53, § 104(a)(3), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 592 of this title. § 595. Repealed. Pub. L. 115–387, § 2(a)(4), Dec. 21, 2018, 132 Stat. 5163 Section, Pub. L. 107–296, title XIX, § 1905, formerly title XVIII, § 1805, as added Pub. L. 109–347, title V, § 501(a), Oct. 13, 2006, 120 Stat. 1934; renumbered title XIX, § 1905, Pub. L. 110–53, title I, § 104(a)(1), (2), Aug. 3, 2007, 121 Stat. 294, related to relationship of Director’s authority under this subchapter to other Department entities and Federal agencies. § 596. Contracting and grant making authorities The Secretary, acting through the Assistant Secretary, in carrying out the responsibilities under section 592 of this title, shall— (1) operate extramural and intramural pro- grams and distribute funds through grants, co- operative agreements, and other transactions and contracts; (2) ensure that activities under section 592 of this title include investigations of radiation detection equipment in configurations suit- able for deployment at seaports, which may include underwater or water surface detection equipment and detection equipment that can be mounted on cranes and straddle cars used to move shipping containers; and (3) have the authority to establish or con- tract with 1 or more federally funded research and development centers to provide inde- pendent analysis of homeland security issues and carry out other responsibilities under this subchapter. (Pub. L. 107–296, title XIX, § 1926, formerly title XVIII, § 1806, as added Pub. L. 109–347, title V, § 501(a), Oct. 13, 2006, 120 Stat. 1935; renumbered title XIX, § 1906, and amended Pub. L. 110–53, Page 298 TITLE 6—DOMESTIC SECURITY § 596a title I, § 104(a)(1), (2), (4), Aug. 3, 2007, 121 Stat. 294; renumbered § 1926 and amended Pub. L. 115–387, § 2(a)(5), (8), Dec. 21, 2018, 132 Stat. 5163, 5164.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–387, § 2(a)(8)(A), in introductory pro- visions, substituted ‘‘Assistant Secretary’’ for ‘‘Direc- tor for Domestic Nuclear Detection’’ and ‘‘section 592’’ for ‘‘paragraphs (6) and (7) of section 592(a)’’. Par. (2). Pub. L. 115–387, § 2(a)(8)(B), substituted ‘‘sec- tion 592’’ for ‘‘paragraphs (6) and (7) of section 592(a)’’. 2007—Pub. L. 110–53, § 104(a)(4), made technical amend- ment to reference in original act which appears in two places in text as reference to section 592(a) of this title. § 596a. Joint annual interagency review of global nuclear detection architecture (a) Annual review (1) In general The Secretary, the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of National Intelligence shall jointly ensure interagency coordination on the development and implementation of the global nuclear de- tection architecture by ensuring that, not less frequently than once each year— (A) each relevant agency, office, or enti- ty— (i) assesses its involvement, support, and participation in the development, revision, and implementation of the global nuclear detection architecture; and (ii) examines and evaluates components of the global nuclear detection architec- ture (including associated strategies and acquisition plans) relating to the oper- ations of that agency, office, or entity, to determine whether such components incor- porate and address current threat assess- ments, scenarios, or intelligence analyses developed by the Director of National In- telligence or other agencies regarding threats relating to nuclear or radiological weapons of mass destruction; (B) each agency, office, or entity deploying or operating any nuclear or radiological de- tection technology under the global nuclear detection architecture— (i) evaluates the deployment and oper- ation of nuclear or radiological detection technologies under the global nuclear de- tection architecture by that agency, of- fice, or entity; (ii) identifies performance deficiencies and operational or technical deficiencies in nuclear or radiological detection tech- nologies deployed under the global nuclear detection architecture; and (iii) assesses the capacity of that agency, office, or entity to implement the respon- sibilities of that agency, office, or entity under the global nuclear detection archi- tecture; and (C) the Assistant Secretary and each of the relevant departments that are partners in the National Technical Forensics Center— (i) include, as part of the assessments, evaluations, and reviews required under this paragraph, each office’s or depart- ment’s activities and investments in sup- port of nuclear forensics and attribution activities and specific goals and objectives accomplished during the previous year pursuant to the national strategic five- year plan for improving the nuclear foren- sic and attribution capabilities of the United States required under section 1036 of the National Defense Authorization Act for Fiscal Year 2010; (ii) attaches, as an appendix to the Joint Interagency Annual Review, the most cur- rent version of such strategy and plan; and (iii) includes a description of new or amended bilateral and multilateral agree- ments and efforts in support of nuclear forensics and attribution activities accom- plished during the previous year. (2) Technology Not less frequently than once each year, the Secretary shall examine and evaluate the de- velopment, assessment, and acquisition of ra- diation detection technologies deployed or im- plemented in support of the domestic portion of the global nuclear detection architecture. (b) Annual report on joint interagency review (1) In general Not later than March 31 of each year, the Secretary, the Attorney General, the Sec- retary of State, the Secretary of Defense, the Secretary of Energy, and the Director of Na- tional Intelligence, shall jointly submit a re- port regarding the implementation of this sec- tion and the results of the reviews required under subsection (a) to— (A) the President; (B) the Committee on Appropriations, the Committee on Armed Services, the Select Committee on Intelligence, and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate; and (C) the Committee on Appropriations, the Committee on Armed Services, the Perma- nent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on Science and Technology of the House of Representatives. (2) Form The annual report submitted under para- graph (1) shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex. (c) Definition In this section, the term ‘‘global nuclear de- tection architecture’’ means the global nuclear detection architecture developed under section 592 of this title. (Pub. L. 107–296, title XIX, § 1927, formerly § 1907, as added Pub. L. 110–53, title XI, § 1103(a), Aug. 3, 2007, 121 Stat. 379; amended Pub. L. 111–140, § 4(b), Feb. 16, 2010, 124 Stat. 35; renumbered § 1927 and amended Pub. L. 115–387, § 2(a)(5), (9), Dec. 21, 2018, 132 Stat. 5163, 5164.)