ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

6 U.S.C. § 592 — Responsibilities

submitted 20 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 1,520 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Office coordinates and improves national efforts to detect and prevent unauthorized nuclear devices and materials, supports nuclear forensics, and runs a related expertise-development program. It must report to Congress and follow listed scholarship, service, repayment, and definitional rules.

(a) Mission. The Office must coordinate federal efforts to detect and prevent unauthorized importation, possession, storage, transportation, development, or use in the United States of a nuclear explosive device, fissile material, or radiological material. It must also protect the people, territory, and interests of the United States from attacks using those devices or materials. To do this, the Office must:

(1) be the main United States Government entity for further developing, acquiring, supporting deployment of, and improving over time an enhanced domestic system to detect and report attempts involving those devices or materials;

(2) improve and coordinate nuclear-detection work by federal, state, local, and tribal governments and the private sector for a managed, coordinated response;

(3) with the Secretary's approval and in coordination with the Attorney General and the Defense and Energy Secretaries, create domestic protocols and procedures ensuring that detection of unauthorized devices or materials is promptly reported to those officials and other appropriate officials or designees for action by law-enforcement, military, emergency-response, or other authorities;

(4) with the Secretary's approval and coordination with the Attorney General and the State, Defense, and Energy Secretaries, develop an enhanced global nuclear-detection architecture. The Office implements its domestic part; the Defense Secretary keeps responsibility for Defense Department requirements inside and outside the United States; and the State, Defense, and Energy Secretaries keep their respective responsibility for policy guidance and implementation outside the United States, consistent with law and relevant international arrangements;

(5) timely provide the expertise needed to correctly interpret detection data for all Office technology used in the global architecture;

(6) conduct, support, coordinate, and encourage an aggressive, expedited, evolutionary, and transformational research-and-development program to create and improve technology for detecting and preventing illicit entry, transport, assembly, or possible domestic use of nuclear devices or fissile or radiological material. The Office must coordinate with the Under Secretary for Science and Technology on basic, advanced, and transformational research relevant to both organizations;

(7) with the Defense and Energy Secretaries as appropriate, test and evaluate detection technology and set performance measures for individual detectors and systems: (A) under realistic operating and environmental conditions; and (B) against realistic adversary tactics and countermeasures;

(8) support and improve effective sharing and use of appropriate information from intelligence, law-enforcement, counterterrorism, other government agencies, and foreign governments, and provide appropriate information to those entities;

(9) improve and maintain continuous awareness by analyzing information from all detection systems related to the Office's mission;

(10) lead development and implementation of the national five-year strategic plan required by section 1036 of the National Defense Authorization Act for Fiscal Year 2010 to improve United States nuclear-forensics and attribution capabilities;

(11) establish a National Technical Nuclear Forensics Center within the Office for centralized stewardship, planning, assessment, gap analysis, exercises, improvement, and integration of all federal nuclear-forensics and attribution activities. The Center must (A) ensure a lasting national technical nuclear-forensics capability that strengthens the United States' collective response to nuclear terrorism or other nuclear attacks and (B) coordinate and implement the plan in (10);

(12) establish a National Nuclear Forensics Expertise Development Program. It must:

(A) develop and maintain a strong, lasting academic path from undergraduate study through post-doctoral study in nuclear and geochemical specialties directly relevant to technical nuclear forensics, including radiochemistry, geochemistry, nuclear physics, nuclear engineering, materials science, and analytical chemistry;

(B) (i) offer undergraduate scholarships lasting up to four years per student and, if possible, including at least one summer internship at a national laboratory or appropriate federal agency in technical nuclear forensics; (ii) offer doctoral fellowships lasting up to five years per student and, if possible, including at least two such summer internships, and require each recipient to serve for two years after graduation in a post-doctoral technical-nuclear-forensics position at a national laboratory or appropriate federal agency; (iii) offer faculty awards lasting three to five years to give faculty and graduate students sustained funding; and (iv) emphasize rebuilding technical nuclear-forensics programs while encouraging undergraduate students, graduate students, and faculty from historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, Asian American and Native American Pacific Islander-serving institutions, Alaska Native-serving institutions, and Hawaiian Native-serving institutions; and

(C) (i) select scholarship and fellowship recipients competitively, mainly based on academic merit and the Government's nuclear-forensics and attribution needs; (ii) reserve up to 10 percent of scholarships or fellowships for federal employees to improve education in critical Government needs, with doctoral study available full-time or part-time; (iii) allow the Secretary to contract with a higher-education institution to pay scholarship tuition, fees, and other authorized expenses directly to that institution; (iv) require satisfactory academic progress; and (v) require repayment rules. A recipient who fails to maintain the Secretary's defined high academic standing, is disciplined out of school, or voluntarily ends training before graduating must repay the United States within one year after default all scholarship money paid to the recipient and institution, although the Secretary may extend the period by regulation. A recipient who, for any reason other than death or disability, fails to start or finish the required post-doctoral service must repay an amount equal to (aa) all scholarship money received and (bb) interest that would have applied if the money had been a loan at the maximum lawful rate;

(13) give Congress an annual report on work under (10), (11), and (12); and

(14) perform other duties assigned by the Secretary.

(b) Definitions. In this section:

(1) "Alaska Native-serving institution" has the meaning in 20 U.S.C. § 1059d.

(2) "Asian American and Native American Pacific Islander-serving institution" has the meaning in 20 U.S.C. § 1059g.

(3) "Hawaiian native-serving institution" has the meaning in 20 U.S.C. § 1059d.

(4) "Hispanic-serving institution" has the meaning in 20 U.S.C. § 1101a.

(5) "Historically Black college or university" has the meaning of "part B institution" in 20 U.S.C. § 1061(2).

(6) "Tribal College or University" has the meaning in 20 U.S.C. § 1059c(b).

the actual law source: uscode.house.gov ↗public domain
(a) Mission

The Office shall be responsible for coordinating Federal efforts to detect and protect against the unauthorized importation, possession, storage, transportation, development, or use of a nuclear explosive device, fissile material, or radiological material in the United States, and to protect against attack using such devices or materials against the people, territory, or interests of the United States and, to this end, shall—

(1)

serve as the primary entity of the United States Government to further develop, acquire, and support the deployment of an enhanced domestic system to detect and report on attempts to import, possess, store, transport, develop, or use an unauthorized nuclear explosive device, fissile material, or radiological material in the United States, and improve that system over time;

(2)

enhance and coordinate the nuclear detection efforts of Federal, State, local, and tribal governments and the private sector to ensure a managed, coordinated response;

(3)

establish, with the approval of the Secretary and in coordination with the Attorney General, the Secretary of Defense, and the Secretary of Energy, additional protocols and procedures for use within the United States to ensure that the detection of unauthorized nuclear explosive devices, fissile material, or radiological material is promptly reported to the Attorney General, the Secretary, the Secretary of Defense, the Secretary of Energy, and other appropriate officials or their respective designees for appropriate action by law enforcement, military, emergency response, or other authorities;

(4)

develop, with the approval of the Secretary and in coordination with the Attorney General, the Secretary of State, the Secretary of Defense, and the Secretary of Energy, an enhanced global nuclear detection architecture with implementation under which—

(A)

the Office will be responsible for the implementation of the domestic portion of the global architecture;

(B)

the Secretary of Defense will retain responsibility for implementation of Department of Defense requirements within and outside the United States; and

(C)

the Secretary of State, the Secretary of Defense, and the Secretary of Energy will maintain their respective responsibilities for policy guidance and implementation of the portion of the global architecture outside the United States, which will be implemented consistent with applicable law and relevant international arrangements;

(5)

ensure that the expertise necessary to accurately interpret detection data is made available in a timely manner for all technology deployed by the Office to implement the global nuclear detection architecture;

(6)

conduct, support, coordinate, and encourage an aggressive, expedited, evolutionary, and transformational program of research and development to generate and improve technologies to detect and prevent the illicit entry, transport, assembly, or potential use within the United States of a nuclear explosive device or fissile or radiological material, and coordinate with the Under Secretary for Science and Technology on basic and advanced or transformational research and development efforts relevant to the mission of both organizations;

(7)

carry out a program to test and evaluate technology for detecting a nuclear explosive device and fissile or radiological material, in coordination with the Secretary of Defense and the Secretary of Energy, as appropriate, and establish performance metrics for evaluating the effectiveness of individual detectors and detection systems in detecting such devices or material—

(A)

under realistic operational and environmental conditions; and

(B)

against realistic adversary tactics and countermeasures;

(8)

support and enhance the effective sharing and use of appropriate information generated by the intelligence community, law enforcement agencies, counterterrorism community, other government agencies, and foreign governments, as well as provide appropriate information to such entities;

(9)

further enhance and maintain continuous awareness by analyzing information from all Office mission-related detection systems;

(10)

lead the development and implementation of the national strategic five-year plan for improving the nuclear forensic and attribution capabilities of the United States required under section 1036 of the National Defense Authorization Act for Fiscal Year 2010;

(11)

establish, within the Office, the National Technical Nuclear Forensics Center to provide centralized stewardship, planning, assessment, gap analysis, exercises, improvement, and integration for all Federal nuclear forensics and attribution activities—

(A)

to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks; and

(B)

to coordinate and implement the national strategic five-year plan referred to in paragraph (10);

(12)

establish a National Nuclear Forensics Expertise Development Program, which—

(A)

is devoted to developing and maintaining a vibrant and enduring academic pathway from undergraduate to post-doctorate study in nuclear and geochemical science specialties directly relevant to technical nuclear forensics, including radiochemistry, geochemistry, nuclear physics, nuclear engineering, materials science, and analytical chemistry;

(B)

shall—

(i)

make available for undergraduate study student scholarships, with a duration of up to 4 years per student, which shall include, if possible, at least 1 summer internship at a national laboratory or appropriate Federal agency in the field of technical nuclear forensics during the course of the student’s undergraduate career;

(ii)

make available for doctoral study student fellowships, with a duration of up to 5 years per student, which shall—

(I)

include, if possible, at least 2 summer internships at a national laboratory or appropriate Federal agency in the field of technical nuclear forensics during the course of the student’s graduate career; and

(II)

require each recipient to commit to serve for 2 years in a post-doctoral position in a technical nuclear forensics-related specialty at a national laboratory or appropriate Federal agency after graduation;

(iii)

make available to faculty awards, with a duration of 3 to 5 years each, to ensure faculty and their graduate students have a sustained funding stream; and

(iv)

place a particular emphasis on reinvigorating technical nuclear forensics programs while encouraging the participation of undergraduate students, graduate students, and university faculty from historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, Asian American and Native American Pacific Islander-serving institutions, Alaska Native-serving institutions, and Hawaiian Native-serving institutions; and

(C)

shall—

(i)

provide for the selection of individuals to receive scholarships or fellowships under this section through a competitive process primarily on the basis of academic merit and the nuclear forensics and attribution needs of the United States Government;

(ii)

provide for the setting aside of up to 10 percent of the scholarships or fellowships awarded under this section for individuals who are Federal employees to enhance the education of such employees in areas of critical nuclear forensics and attribution needs of the United States Government, for doctoral education under the scholarship on a full-time or part-time basis;

(iii)

provide that the Secretary may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which such scholarship is awarded;

(iv)

require scholarship recipients to maintain satisfactory academic progress; and

(v)

require that—

(I)

a scholarship recipient who fails to maintain a high level of academic standing, as defined by the Secretary, who is dismissed for disciplinary reasons from the educational institution such recipient is attending, or who voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded shall be liable to the United States for repayment within 1 year after the date of such default of all scholarship funds paid to such recipient and to the institution of higher education on the behalf of such recipient, provided that the repayment period may be extended by the Secretary if the Secretary determines it necessary, as established by regulation; and

(II)

a scholarship recipient who, for any reason except death or disability, fails to begin or complete the post-doctoral service requirements in a technical nuclear forensics-related specialty at a national laboratory or appropriate Federal agency after completion of academic training shall be liable to the United States for an amount equal to—

(aa)

the total amount of the scholarship received by such recipient under this section; and

(bb)

the interest on such amounts which would be payable if at the time the scholarship was received such scholarship was a loan bearing interest at the maximum legally prevailing rate;

(13)

provide an annual report to Congress on the activities carried out under paragraphs (10), (11), and (12); and

(14)

perform other duties as assigned by the Secretary.

(b) Definitions

In this section:

(1) Alaska Native-serving institution

The term “Alaska Native-serving institution” has the meaning given the term in section 1059d of title 20.

(2) Asian American and Native American Pacific Islander-serving institution

The term “Asian American and Native American Pacific Islander-serving institution” has the meaning given the term in section 1059g of title 20.

(3) Hawaiian native-serving institution

The term “Hawaiian native-serving institution” 1 has the meaning given the term in section 1059d of title 20.

(4) Hispanic-serving institution

The term “Hispanic-serving institution” has the meaning given that term in section 1101a of title 20.

(5) Historically Black college or university

The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061(2) of title 20.

(6) Tribal College or University

The term “Tribal College or University” has the meaning given that term in section 1059c(b) of title 20.

Source credit: (Pub. L. 107–296, title XIX, § 1923, formerly title XVIII, § 1802, as added Pub. L. 109–347, title V, § 501(a), Oct. 13, 2006, 120 Stat. 1932; renumbered title XIX, § 1902, Pub. L. 110–53, title I, § 104(a)(1), (2), Aug. 3, 2007, 121 Stat. 294; amended Pub. L. 111–140, § 4(a), Feb. 16, 2010, 124 Stat. 32; renumbered § 1923 and amended Pub. L. 115–387, § 2(a)(5), (6), Dec. 21, 2018, 132 Stat. 5163, 5164.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 107-296 · 120 Stat. 1932
  • 2007Amended · Pub. L. 110-53 · 121 Stat. 294
  • 2010Amended · Pub. L. 111-140 · 124 Stat. 32
  • 2018Amended · Pub. L. 115-387 · 132 Stat. 5163, 5164

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2006-10-13.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case