---
kind: "section"
citation: "6 U.S.C. § 188"
title: "6"
title_heading: "Domestic Security"
number: "188"
heading: "Conduct of research, development, demonstration, testing and evaluation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/188"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter III — Science and Technology in Support of Homeland Security"
---

# §188. Conduct of research, development, demonstration, testing and evaluation

- (a) **In general—** The [Secretary](/usc/6/101.md?p=16), acting through the Under [Secretary](/usc/6/101.md?p=16) for Science and Technology, shall carry out the responsibilities under [section 182(4) of this title](/usc/6/182.md?p=4) through both extramural and intramural programs.
- (b) **Extramural programs—**
  - (1) **In general—** The [Secretary](/usc/6/101.md?p=16), acting through the Under [Secretary](/usc/6/101.md?p=16) 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](/usc/6/101.md?p=19-A) as practicable participate;
    - (B) ensure that the research funded is of high quality, as determined through merit review processes developed under [section 182(14) of this title](/usc/6/182.md?p=14); and
    - (C) distribute [funds](/usc/6/677a.md?p=5) through grants, cooperative agreements, and contracts.
  - (2) **University-based centers for homeland security—**
    - (A) **Designation—** The [Secretary](/usc/6/101.md?p=16), acting through the Under [Secretary](/usc/6/101.md?p=16) for Science and Technology, shall designate a university-based [center](/usc/6/681.md?p=1) or several university-based [centers](/usc/6/681.md?p=1) for [homeland](/usc/6/101.md?p=1) security. The purpose of the [center](/usc/6/681.md?p=1) or these [centers](/usc/6/681.md?p=1) shall be to establish a coordinated, university-based system to enhance the Nation’s [homeland](/usc/6/101.md?p=1) security.
    - (B) **Criteria for designation—** Criteria for the designation of colleges or universities as a [center](/usc/6/681.md?p=1) for [homeland](/usc/6/101.md?p=1) security, shall include, but are not limited to, demonstrated expertise in—
      - (i) The training of first responders.
      - (ii) Responding to [incidents](/usc/6/677a.md?p=6) involving weapons of mass destruction and biological warfare.
      - (iii) [Emergency](/usc/6/701.md?p=6) 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](/usc/6/101.md?p=1) security related research and development.
    - (C) **Discretion of Secretary—** To the extent that exercising such discretion is in the interest of [homeland](/usc/6/101.md?p=1) security, and with respect to the designation of any given university-based [center](/usc/6/681.md?p=1) for [homeland](/usc/6/101.md?p=1) security, the [Secretary](/usc/6/101.md?p=16) may except certain criteria as specified in [subparagraph (B)](#b-2-B) and consider additional criteria beyond those specified in [subparagraph (B)](#b-2-B). Upon designation of a university-based [center](/usc/6/681.md?p=1) for [homeland](/usc/6/101.md?p=1) security, the [Secretary](/usc/6/101.md?p=16) 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](/usc/6/101.md?p=16) shall report annually, from the date of enactment, to Congress concerning the implementation of this section. That report shall indicate which [center](/usc/6/681.md?p=1) or [centers](/usc/6/681.md?p=1) have been designated and how the designation or designations enhance [homeland](/usc/6/101.md?p=1) 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 182 of this title](/usc/6/182.md), the [Secretary](/usc/6/101.md?p=16), acting through the Under [Secretary](/usc/6/101.md?p=16) 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](/usc/6/101.md?p=16), acting through the Under [Secretary](/usc/6/101.md?p=16) for Science and Technology, may establish a headquarters laboratory for the [Department](/usc/6/101.md?p=5) at any laboratory or site and may establish additional laboratory units at other laboratories or sites.
  - (3) **Criteria for headquarters laboratory—** If the [Secretary](/usc/6/101.md?p=16) chooses to establish a headquarters laboratory pursuant to [paragraph (2)](#c-2), then the [Secretary](/usc/6/101.md?p=16) 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](/usc/6/677a.md?p=4), 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](/usc/6/101.md?p=2) 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](/usc/6/101.md?p=5) until at least 30 days after the transmittal of the report required by [paragraph (3)(E)](#c-3-E).
- (d) **Preference for United States industry—**
  - (1) **Definitions—** In this subsection:
    - (A) **Country of concern—** The term “country of concern” means a country that—
      - (i) is a covered nation, as such term is defined in [section 4872(d) of title 10](/usc/10/4872.md?p=d); or
      - (ii) the [Secretary](/usc/6/101.md?p=16) determines is engaged in conduct that is detrimental to the national security of the [United States](/usc/6/101.md?p=19-A).
    - (B) **Nonprofit organization; small business firm; subject invention—** The terms “nonprofit organization”, “small business firm”, and “subject invention” have the meanings given such terms in [section 201 of title 35](/usc/35/201.md).
    - (C) **Manufactured substantially in the United States—** The term “manufactured substantially in the [United States](/usc/6/101.md?p=19-A)” means an item is a domestic end product.
    - (D) **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.
  - (3) **1 Waivers—**
    - (A) **In general—** Subject to [subparagraph (B)](#d-3-B), in individual cases, the requirements under [section 204 of title 35](/usc/35/204.md) may be waived by the [Secretary](/usc/6/101.md?p=16) 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](/usc/6/101.md?p=19-A) or that under the circumstances domestic manufacture is not commercially feasible.
    - (B) **Conditions on waivers granted by Department—**
      - (i) **Before grant of waiver—** Before granting a waiver under [subparagraph (A)](#d-3-A), the [Secretary](/usc/6/101.md?p=16) shall comply with the procedures developed and implemented by the [Department](/usc/6/101.md?p=5) pursuant to section 70923(b)(2) of the Build America, Buy America Act (enacted as subtitle A of title IX of division G of Public Law 117–58).
      - (ii) **Prohibition on granting certain waivers—** The [Secretary](/usc/6/101.md?p=16) may not grant a waiver under [subparagraph (A)](#d-3-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.

## Footnotes

[^1]: So in original. There is no par. (2).

## Source credit

(Pub. L. 107–296, title III, § 308, Nov. 25, 2002, 116 Stat. 2170; Pub. L. 108–7, div. L, § 101(1), Feb. 20, 2003, 117 Stat. 526; Pub. L. 117–263, div. G, title LXXI, § 7114, Dec. 23, 2022, 136 Stat. 3633.)

## Notes

### Editorial Notes

### References in Text

The date of enactment, referred to in subsec. (b)(2)(D), probably means the date of enactment of this section by Pub. L. 107–296, which was approved Nov. 25, 2002.

Section 70923(b)(2) of the Build America, Buy America Act, referred to in subsec. (d)(3)(B)(i), is section 70923(b)(2) of Pub. L. 117–58, div. G, title IX, Nov. 15, 2021, 135 Stat. 1306, which is not classified to the Code.

### Amendments

2022—Subsec. (d). Pub. L. 117–263 added subsec. (d).

2003—Subsecs. (a) to (c)(1). Pub. L. 108–7 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 section 182(4) of this title 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.