[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3394 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      October 16, 2002.
    Resolved, That the bill from the House of Representatives (H.R. 
3394) entitled ``An Act to authorize funding for computer and network 
security research and development and research fellowship programs, and 
for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Security Research and 
Development Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Revolutionary advancements in computing and 
        communications technology have interconnected government, 
        commercial, scientific, and educational infrastructures--
        including critical infrastructures for electric power, natural 
        gas and petroleum production and distribution, 
        telecommunications, transportation, water supply, banking and 
        finance, and emergency and government services--in a vast, 
        interdependent physical and electronic network.
            (2) Exponential increases in interconnectivity have 
        facilitated enhanced communications, economic growth, and the 
        delivery of services critical to the public welfare, but have 
        also increased the consequences of temporary or prolonged 
        failure.
            (3) A Department of Defense Joint Task Force concluded 
        after a 1997 United States information warfare exercise that 
        the results ``clearly demonstrated our lack of preparation for 
        a coordinated cyber and physical attack on our critical 
        military and civilian infrastructure''.
            (4) Computer security technology and systems implementation 
        lack--
                    (A) sufficient long term research funding;
                    (B) adequate coordination across Federal and State 
                government agencies and among government, academia, and 
                industry; and
                    (C) sufficient numbers of outstanding researchers 
                in the field.
            (5) Accordingly, Federal investment in computer and network 
        security research and development must be significantly 
        increased to--
                    (A) improve vulnerability assessment and 
                technological and systems solutions;
                    (B) expand and improve the pool of information 
                security professionals, including researchers, in the 
                United States workforce; and
                    (C) better coordinate information sharing and 
                collaboration among industry, government, and academic 
                research projects.
            (6) While African-Americans, Hispanics, and Native 
        Americans constitute 25 percent of the total United States 
        workforce and 30 percent of the college-age population, members 
        of these minorities comprise less than 7 percent of the United 
        States computer and information science workforce.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the National Science Foundation.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).

SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH.

    (a) Computer and Network Security Research Grants.--
            (1) In general.--The Director shall award grants for basic 
        research on innovative approaches to the structure of computer 
        and network hardware and software that are aimed at enhancing 
        computer security. Research areas may include--
                    (A) authentication, cryptography, and other secure 
                data communications technology;
                    (B) computer forensics and intrusion detection;
                    (C) reliability of computer and network 
                applications, middleware, operating systems, control 
                systems, and communications infrastructure;
                    (D) privacy and confidentiality;
                    (E) network security architecture, including tools 
                for security administration and analysis;
                    (F) emerging threats;
                    (G) vulnerability assessments and techniques for 
                quantifying risk;
                    (H) remote access and wireless security; and
                    (I) enhancement of law enforcement ability to 
                detect, investigate, and prosecute cyber-crimes, 
                including those that involve piracy of intellectual 
                property.
            (2) Merit review; competition.--Grants shall be awarded 
        under this section on a merit-reviewed competitive basis.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation to carry 
        out this subsection--
                    (A) $35,000,000 for fiscal year 2003;
                    (B) $40,000,000 for fiscal year 2004;
                    (C) $46,000,000 for fiscal year 2005;
                    (D) $52,000,000 for fiscal year 2006; and
                    (E) $60,000,000 for fiscal year 2007.
    (b) Computer and Network Security Research Centers.--
            (1) In general.--The Director shall award multiyear grants, 
        subject to the availability of appropriations, to institutions 
        of higher education, nonprofit research institutions, or 
        consortia thereof to establish multidisciplinary Centers for 
        Computer and Network Security Research. Institutions of higher 
        education, nonprofit research institutions, or consortia 
        thereof receiving such grants may partner with 1 or more 
        government laboratories or for-profit institutions, or other 
        institutions of higher education or nonprofit research 
        institutions.
            (2) Merit review; competition.--Grants shall be awarded 
        under this subsection on a merit-reviewed competitive basis.
            (3) Purpose.--The purpose of the Centers shall be to 
        generate innovative approaches to computer and network security 
        by conducting cutting-edge, multidisciplinary research in 
        computer and network security, including the research areas 
        described in subsection (a)(1).
            (4) Applications.--An institution of higher education, 
        nonprofit research institution, or consortia thereof seeking 
        funding under this subsection shall submit an application to 
        the Director at such time, in such manner, and containing such 
        information as the Director may require. The application shall 
        include, at a minimum, a description of--
                    (A) the research projects that will be undertaken 
                by the Center and the contributions of each of the 
                participating entities;
                    (B) how the Center will promote active 
                collaboration among scientists and engineers from 
                different disciplines, such as computer scientists, 
                engineers, mathematicians, and social science 
                researchers;
                    (C) how the Center will contribute to increasing 
                the number and quality of computer and network security 
                researchers and other professionals, including 
                individuals from groups historically underrepresented 
                in these fields; and
                    (D) how the center will disseminate research 
                results quickly and widely to improve cyber security in 
                information technology networks, products, and 
                services.
            (5) Criteria.--In evaluating the applications submitted 
        under paragraph (4), the Director shall consider, at a 
        minimum--
                    (A) the ability of the applicant to generate 
                innovative approaches to computer and network security 
                and effectively carry out the research program;
                    (B) the experience of the applicant in conducting 
                research on computer and network security and the 
                capacity of the applicant to foster new 
                multidisciplinary collaborations;
                    (C) the capacity of the applicant to attract and 
                provide adequate support for a diverse group of 
                undergraduate and graduate students and postdoctoral 
                fellows to pursue computer and network security 
                research; and
                    (D) the extent to which the applicant will partner 
                with government laboratories, for-profit entities, 
                other institutions of higher education, or nonprofit 
                research institutions, and the role the partners will 
                play in the research undertaken by the Center.
            (6) Annual meeting.--The Director shall convene an annual 
        meeting of the Centers in order to foster collaboration and 
        communication between Center participants.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated for the National Science Foundation to carry 
        out this subsection--
                    (A) $12,000,000 for fiscal year 2003;
                    (B) $24,000,000 for fiscal year 2004;
                    (C) $36,000,000 for fiscal year 2005;
                    (D) $36,000,000 for fiscal year 2006; and
                    (E) $36,000,000 for fiscal year 2007.

SEC. 5. NATIONAL SCIENCE FOUNDATION COMPUTER AND NETWORK SECURITY 
              PROGRAMS.

    (a) Computer and Network Security Capacity Building Grants.--
            (1) In general.--The Director shall establish a program to 
        award grants to institutions of higher education (or consortia 
        thereof) to establish or improve undergraduate and master's 
        degree programs in computer and network security, to increase 
        the number of students, including the number of students from 
        groups historically underrepresented in these fields, who 
        pursue undergraduate or master's degrees in fields related to 
        computer and network security, and to provide students with 
        experience in government or industry related to their computer 
        and network security studies.
            (2) Merit review.--Grants shall be awarded under this 
        subsection on a merit-reviewed competitive basis.
            (3) Use of funds.--Grants awarded under this subsection 
        shall be used for activities that enhance the ability of an 
        institution of higher education (or consortium thereof) to 
        provide high-quality undergraduate and master's degree programs 
        in computer and network security and to recruit and retain 
        increased numbers of students to such programs. Activities may 
        include--
                    (A) revising curriculum to better prepare 
                undergraduate and master's degree students for careers 
                in computer and network security;
                    (B) establishing degree and certificate programs in 
                computer and network security;
                    (C) creating opportunities for undergraduate 
                students to participate in computer and network 
                security research projects;
                    (D) acquiring equipment necessary for student 
                instruction in computer and network security, including 
                the installation of testbed networks for student use;
                    (E) providing opportunities for faculty to work 
                with local or Federal Government agencies, private 
                industry, nonprofit research institutions, or other 
                academic institutions to develop new expertise or to 
                formulate new research directions in computer and 
                network security;
                    (F) establishing collaborations with other academic 
                institutions or academic departments that seek to 
                establish, expand, or enhance programs in computer and 
                network security;
                    (G) establishing student internships in computer 
                and network security at government agencies or in 
                private industry;
                    (H) establishing collaborations with other academic 
                institutions to establish or enhance a web-based 
                collection of computer and network security courseware 
                and laboratory exercises for sharing with other 
                institutions of higher education, including community 
                colleges;
                    (I) establishing or enhancing bridge programs in 
                computer and network security between community 
                colleges and universities; and
                    (J) any other activities the Director determines 
                will accomplish the goals of this subsection.
            (4) Selection process.--
                    (A) Application.--An institution of higher 
                education (or a consortium thereof) seeking funding 
                under this subsection shall submit an application to 
                the Director at such time, in such manner, and 
                containing such information as the Director may 
                require. The application shall include, at a minimum--
                            (i) a description of the applicant's 
                        computer and network security research and 
                        instructional capacity, and in the case of an 
                        application from a consortium of institutions 
                        of higher education, a description of the role 
                        that each member will play in implementing the 
                        proposal;
                            (ii) a comprehensive plan by which the 
                        institution or consortium will build 
                        instructional capacity in computer and 
                        information security;
                            (iii) a description of relevant 
                        collaborations with government agencies or 
                        private industry that inform the instructional 
                        program in computer and network security;
                            (iv) a survey of the applicant's historic 
                        student enrollment and placement data in fields 
                        related to computer and network security and a 
                        study of potential enrollment and placement for 
                        students enrolled in the proposed computer and 
                        network security program; and
                            (v) a plan to evaluate the success of the 
                        proposed computer and network security program, 
                        including post-graduation assessment of 
                        graduate school and job placement and retention 
                        rates as well as the relevance of the 
                        instructional program to graduate study and to 
                        the workplace.
                    (B) Awards.--(i) The Director shall ensure, to the 
                extent practicable, that grants are awarded under this 
                subsection in a wide range of geographic areas and 
                categories of institutions of higher education, 
                including minority serving institutions.
                    (ii) The Director shall award grants under this 
                subsection for a period not to exceed 5 years.
            (5) Assessment required.--The Director shall evaluate the 
        program established under this subsection no later than 6 years 
        after the establishment of the program. At a minimum, the 
        Director shall evaluate the extent to which the program 
        achieved its objectives of increasing the quality and quantity 
        of students, including students from groups historically 
        underrepresented in computer and network security related 
        disciplines, pursuing undergraduate or master's degrees in 
        computer and network security.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation to carry 
        out this subsection--
                    (A) $15,000,000 for fiscal year 2003;
                    (B) $20,000,000 for fiscal year 2004;
                    (C) $20,000,000 for fiscal year 2005;
                    (D) $20,000,000 for fiscal year 2006; and
                    (E) $20,000,000 for fiscal year 2007.
    (b) Scientific and Advanced Technology Act of 1992.--
            (1) Grants.--The Director shall provide grants under the 
        Scientific and Advanced Technology Act of 1992 (42 U.S.C. 
        1862i) for the purposes of section 3(a) and (b) of that Act, 
        except that the activities supported pursuant to this 
        subsection shall be limited to improving education in fields 
        related to computer and network security.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation to carry 
        out this subsection--
                    (A) $1,000,000 for fiscal year 2003;
                    (B) $1,250,000 for fiscal year 2004;
                    (C) $1,250,000 for fiscal year 2005;
                    (D) $1,250,000 for fiscal year 2006; and
                    (E) $1,250,000 for fiscal year 2007.
    (c) Graduate Traineeships in Computer and Network Security 
Research.--
            (1) In general.--The Director shall establish a program to 
        award grants to institutions of higher education to establish 
        traineeship programs for graduate students who pursue computer 
        and network security research leading to a doctorate degree by 
        providing funding and other assistance, and by providing 
        graduate students with research experience in government or 
        industry related to the students' computer and network security 
        studies.
            (2) Merit review.--Grants shall be provided under this 
        subsection on a merit-reviewed competitive basis.
            (3) Use of funds.--An institution of higher education shall 
        use grant funds for the purposes of--
                    (A) providing traineeships to students who are 
                citizens, nationals, or lawfully admitted permanent 
                resident aliens of the United States and are pursuing 
                research in computer or network security leading to a 
                doctorate degree;
                    (B) paying tuition and fees for students receiving 
                traineeships under subparagraph (A);
                    (C) establishing scientific internship programs for 
                students receiving traineeships under subparagraph (A) 
                in computer and network security at for-profit 
                institutions, nonprofit research institutions, or 
                government laboratories; and
                    (D) other costs associated with the administration 
                of the program.
            (4) Traineeship amount.--Traineeships provided under 
        paragraph (3)(A) shall be in the amount of $25,000 per year, or 
        the level of the National Science Foundation Graduate Research 
        Fellowships, whichever is greater, for up to 3 years.
            (5) Selection process.--An institution of higher education 
        seeking funding under this subsection shall submit an 
        application to the Director at such time, in such manner, and 
        containing such information as the Director may require. The 
        application shall include, at a minimum, a description of--
                    (A) the instructional program and research 
                opportunities in computer and network security 
                available to graduate students at the applicant's 
                institution; and
                    (B) the internship program to be established, 
                including the opportunities that will be made available 
                to students for internships at for-profit institutions, 
                nonprofit research institutions, and government 
                laboratories.
            (6) Review of applications.--In evaluating the applications 
        submitted under paragraph (5), the Director shall consider--
                    (A) the ability of the applicant to effectively 
                carry out the proposed program;
                    (B) the quality of the applicant's existing 
                research and education programs;
                    (C) the likelihood that the program will recruit 
                increased numbers of students, including students from 
                groups historically underrepresented in computer and 
                network security related disciplines, to pursue and 
                earn doctorate degrees in computer and network 
                security;
                    (D) the nature and quality of the internship 
                program established through collaborations with 
                government laboratories, nonprofit research 
                institutions, and for-profit institutions;
                    (E) the integration of internship opportunities 
                into graduate students' research; and
                    (F) the relevance of the proposed program to 
                current and future computer and network security needs.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation to carry 
        out this subsection--
                    (A) $10,000,000 for fiscal year 2003;
                    (B) $20,000,000 for fiscal year 2004;
                    (C) $20,000,000 for fiscal year 2005;
                    (D) $20,000,000 for fiscal year 2006; and
                    (E) $20,000,000 for fiscal year 2007.
    (d) Graduate Research Fellowships Program Support.--Computer and 
network security shall be included among the fields of specialization 
supported by the National Science Foundation's Graduate Research 
Fellowships program under section 10 of the National Science Foundation 
Act of 1950 (42 U.S.C. 1869).
    (e) Cyber Security Faculty Development Traineeship Program.--
            (1) In general.--The Director shall establish a program to 
        award grants to institutions of higher education to establish 
        traineeship programs to enable graduate students to pursue 
        academic careers in cyber security upon completion of doctoral 
        degrees.
            (2) Merit review; competition.--Grants shall be awarded 
        under this section on a merit-reviewed competitive basis.
            (3) Application.--Each institution of higher education 
        desiring to receive a grant under this subsection shall submit 
        an application to the Director at such time, in such manner, 
        and containing such information as the Director shall require.
            (4) Use of funds.--Funds received by an institution of 
        higher education under this paragraph shall--
                    (A) be made available to individuals on a merit-
                reviewed competitive basis and in accordance with the 
                requirements established in paragraph (7);
                    (B) be in an amount that is sufficient to cover 
                annual tuition and fees for doctoral study at an 
                institution of higher education for the duration of the 
                graduate traineeship, and shall include, in addition, 
                an annual living stipend of $25,000; and
                    (C) be provided to individuals for a duration of no 
                more than 5 years, the specific duration of each 
                graduate traineeship to be determined by the 
                institution of higher education, on a case-by-case 
                basis.
            (5) Repayment.--Each graduate traineeship shall--
                    (A) subject to paragraph (5)(B), be subject to full 
                repayment upon completion of the doctoral degree 
                according to a repayment schedule established and 
                administered by the institution of higher education;
                    (B) be forgiven at the rate of 20 percent of the 
                total amount of the graduate traineeship assistance 
                received under this section for each academic year that 
                a recipient is employed as a full-time faculty member 
                at an institution of higher education for a period not 
                to exceed 5 years; and
                    (C) be monitored by the institution of higher 
                education receiving a grant under this subsection to 
                ensure compliance with this subsection.
            (6) Exceptions.--The Director may provide for the partial 
        or total waiver or suspension of any service obligation or 
        payment by an individual under this section whenever compliance 
        by the individual is impossible or would involve extreme 
        hardship to the individual, or if enforcement of such 
        obligation with respect to the individual would be 
        unconscionable.
            (7) Eligibility.--To be eligible to receive a graduate 
        traineeship under this section, an individual shall--
                    (A) be a citizen, national, or lawfully admitted 
                permanent resident alien of the United States;
                    (B) demonstrate a commitment to a career in higher 
                education.
            (8) Consideration.--In making selections for graduate 
        traineeships under this paragraph, an institution receiving a 
        grant under this subsection shall consider, to the extent 
        possible, a diverse pool of applicants whose interests are of 
        an interdisciplinary nature, encompassing the social scientific 
        as well as the technical dimensions of cyber security.
            (9) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation to carry 
        out this paragraph $5,000,000 for each of fiscal years 2003 
        through 2007.

SEC. 6. CONSULTATION.

    In carrying out sections 4 and 5, the Director shall consult with 
other Federal agencies.

SEC. 7. FOSTERING RESEARCH AND EDUCATION IN COMPUTER AND NETWORK 
              SECURITY.

    Section 3(a) of the National Science Foundation Act of 1950 (42 
U.S.C. 1862(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking ``Congress.'' in paragraph (7) and 
        inserting ``Congress ; and''; and
            (3) by adding at the end the following:
            ``(8) to take a leading role in fostering and supporting 
        research and education activities to improve the security of 
        networked information systems.''.

SEC. 8. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY PROGRAMS.

    (a) Research Program.--The National Institute of Standards and 
Technology Act (15 U.S.C. 271 et seq.) is amended--
            (1) by moving section 22 to the end of the Act and 
        redesignating it as section 32;
            (2) by inserting after section 21 the following new 
        section:

      ``sec. 22. research program on security of computer systems

    ``(a) Establishment.--The Director shall establish a program of 
assistance to institutions of higher education that enter into 
partnerships with for-profit entities to support research to improve 
the security of computer systems. The partnerships may also include 
government laboratories and nonprofit research institutions. The 
program shall--
            ``(1) include multidisciplinary, long-term research;
            ``(2) include research directed toward addressing needs 
        identified through the activities of the Computer System 
        Security and Privacy Advisory Board under section 20(f); and
            ``(3) promote the development of a robust research 
        community working at the leading edge of knowledge in subject 
        areas relevant to the security of computer systems by providing 
        support for graduate students, post-doctoral researchers, and 
        senior researchers.
    ``(b) Fellowships.--
            ``(1) Post-doctoral research fellowships.--The Director is 
        authorized to establish a program to award post-doctoral 
        research fellowships to individuals who are citizens, 
        nationals, or lawfully admitted permanent resident aliens of 
        the United States and are seeking research positions at 
        institutions, including the Institute, engaged in research 
        activities related to the security of computer systems, 
        including the research areas described in section 4(a)(1) of 
        the Cyber Security Research and Development Act.
            ``(2) Senior research fellowships.--The Director is 
        authorized to establish a program to award senior research 
        fellowships to individuals seeking research positions at 
        institutions, including the Institute, engaged in research 
        activities related to the security of computer systems, 
        including the research areas described in section 4(a)(1) of 
        the Cyber Security Research and Development Act. Senior 
        research fellowships shall be made available for established 
        researchers at institutions of higher education who seek to 
        change research fields and pursue studies related to the 
        security of computer systems.
            ``(3) Eligibility.--
                    ``(A) In general.--To be eligible for an award 
                under this subsection, an individual shall submit an 
                application to the Director at such time, in such 
                manner, and containing such information as the Director 
                may require.
                    ``(B) Stipends.--Under this subsection, the 
                Director is authorized to provide stipends for post-
                doctoral research fellowships at the level of the 
                Institute's Post Doctoral Research Fellowship Program 
                and senior research fellowships at levels consistent 
                with support for a faculty member in a sabbatical 
                position.
    ``(c) Awards; Applications.--
            ``(1) In general.--The Director is authorized to award 
        grants or cooperative agreements to institutions of higher 
        education to carry out the program established under subsection 
        (a). No funds made available under this section shall be made 
        available directly to any for-profit partners.
            ``(2) Eligibility.--To be eligible for an award under this 
        section, an institution of higher education shall submit an 
        application to the Director at such time, in such manner, and 
        containing such information as the Director may require. The 
        application shall include, at a minimum, a description of--
                    ``(A) the number of graduate students anticipated 
                to participate in the research project and the level of 
                support to be provided to each;
                    ``(B) the number of post-doctoral research 
                positions included under the research project and the 
                level of support to be provided to each;
                    ``(C) the number of individuals, if any, intending 
                to change research fields and pursue studies related to 
                the security of computer systems to be included under 
                the research project and the level of support to be 
                provided to each; and
                    ``(D) how the for-profit entities, nonprofit 
                research institutions, and any other partners will 
                participate in developing and carrying out the research 
                and education agenda of the partnership.
    ``(d) Program Operation.--
            ``(1) Management.--The program established under subsection 
        (a) shall be managed by individuals who shall have both 
        expertise in research related to the security of computer 
        systems and knowledge of the vulnerabilities of existing 
        computer systems. The Director shall designate such individuals 
        as program managers.
            ``(2) Managers may be employees.--Program managers 
        designated under paragraph (1) may be new or existing employees 
        of the Institute or individuals on assignment at the Institute 
        under the Intergovernmental Personnel Act of 1970, except that 
        individuals on assignment at the Institute under the 
        Intergovernmental Personnel Act of 1970 shall not directly 
        manage such employees.
            ``(3) Manager responsibility.--Program managers designated 
        under paragraph (1) shall be responsible for--
                    ``(A) establishing and publicizing the broad 
                research goals for the program;
                    ``(B) soliciting applications for specific research 
                projects to address the goals developed under 
                subparagraph (A);
                    ``(C) selecting research projects for support under 
                the program from among applications submitted to the 
                Institute, following consideration of--
                            ``(i) the novelty and scientific and 
                        technical merit of the proposed projects;
                            ``(ii) the demonstrated capabilities of the 
                        individual or individuals submitting the 
                        applications to successfully carry out the 
                        proposed research;
                            ``(iii) the impact the proposed projects 
                        will have on increasing the number of computer 
                        security researchers;
                            ``(iv) the nature of the participation by 
                        for-profit entities and the extent to which the 
                        proposed projects address the concerns of 
                        industry; and
                            ``(v) other criteria determined by the 
                        Director, based on information specified for 
                        inclusion in applications under subsection (c); 
                        and
                    ``(D) monitoring the progress of research projects 
                supported under the program.
            ``(4) Reports.--The Director shall report to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Science annually on the 
        use and responsibility of individuals on assignment at the 
        Institute under the Intergovernmental Personnel Act of 1970 who 
        are performing duties under subsection (d).
    ``(e) Review of Program.--
            ``(1) Periodic review.--The Director shall periodically 
        review the portfolio of research awards monitored by each 
        program manager designated in accordance with subsection (d). 
        In conducting those reviews, the Director shall seek the advice 
        of the Computer System Security and Privacy Advisory Board, 
        established under section 21, on the appropriateness of the 
        research goals and on the quality and utility of research 
        projects managed by program managers in accordance with 
        subsection (d).
            ``(2) Comprehensive 5-year review.--The Director shall also 
        contract with the National Research Council for a comprehensive 
        review of the program established under subsection (a) during 
        the 5th year of the program. Such review shall include an 
        assessment of the scientific quality of the research conducted, 
        the relevance of the research results obtained to the goals of 
        the program established under subsection (d)(3)(A), and the 
        progress of the program in promoting the development of a 
        substantial academic research community working at the leading 
        edge of knowledge in the field. The Director shall submit to 
        Congress a report on the results of the review under this 
        paragraph no later than 6 years after the initiation of the 
        program.
    ``(f) Definitions.--In this section:
            ``(1) Computer system.--The term `computer system' has the 
        meaning given that term in section 20(d)(1).
            ``(2) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).''.
    (b) Amendment of Computer system Definition.--Section 
20(d)(1)(B)(i) of National Institute of Standards and Technology Act 
(15 U.S.C. 278g-3(d)(1)(B)(i)) is amended to read as follows:
                            ``(i) computers and computer networks;''.
    (c) Checklists for Government Systems.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall develop, and revise as 
        necessary, a checklist setting forth settings and option 
        selections that minimize the security risks associated with 
        each computer hardware or software system that is, or is likely 
        to become, widely used within the Federal government.
            (2) Priorities for development; excluded systems.--The 
        Director of the National Institute of Standards and Technology 
        may establish priorities for the development of checklists 
        under this paragraph on the basis of the security risks 
        associated with the use of the system, the number of agencies 
        that use a particular system, the usefulness of the checklist 
        to Federal agencies that are users or potential users of the 
        system, or such other factors as the Director determines to be 
        appropriate. The Director of the National Institute of 
        Standards and Technology may exclude from the application of 
        paragraph (1) any computer hardware or software system for 
        which the Director of the National Institute of Standards and 
        Technology determines that the development of a checklist is 
        inappropriate because of the infrequency of use of the system, 
        the obsolescence of the system, or the inutility or 
        impracticability of developing a checklist for the system.
            (3) Dissemination of checklists.--The Director of the 
        National Institute of Standards and Technology shall make any 
        checklist developed under this paragraph for any computer 
        hardware or software system available to each Federal agency 
        that is a user or potential user of the system.
            (4) Agency use requirements.--The development of a 
        checklist under paragraph (1) for a computer hardware or 
        software system does not--
                    (A) require any Federal agency to select the 
                specific settings or options recommended by the 
                checklist for the system;
                    (B) establish conditions or prerequisites for 
                Federal agency procurement or deployment of any such 
                system;
                    (C) represent an endorsement of any such system by 
                the Director of the National Institute of Standards and 
                Technology; nor
                    (D) preclude any Federal agency from procuring or 
                deploying other computer hardware or software systems 
                for which no such checklist has been developed.
    (d) Federal Agency Information Security Programs.--
            (1) In general.--In developing the agencywide information 
        security program required by section 3534(b) of title 44, 
        United States Code, an agency that deploys a computer hardware 
        or software system for which the Director of the National 
        Institute of Standards and Technology has developed a checklist 
        under subsection (c) of this section--
                    (A) shall include in that program an explanation of 
                how the agency has considered such checklist in 
                deploying that system; and
                    (B) may treat the explanation as if it were a 
                portion of the agency's annual performance plan 
                properly classified under criteria established by an 
                Executive Order (within the meaning of section 1115(d) 
                of title 31, United States Code).
            (2) Limitation.--Paragraph (1) does not apply to any 
        computer hardware or software system for which the National 
        Institute of Standards and Technology does not have 
        responsibility under section 20(a)(3) of the National Institute 
        of Standards and Technology Act (15 U.S.C.278g-3(a)(3)).

SEC. 9. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION.

    Section 20 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278g-3) is amended by adding at the end the following 
new subsection:
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $1,060,000 for fiscal year 2003 and 
$1,090,000 for fiscal year 2004 to enable the Computer System Security 
and Privacy Advisory Board, established by section 21, to identify 
emerging issues, including research needs, related to computer 
security, privacy, and cryptography and, as appropriate, to convene 
public meetings on those subjects, receive presentations, and publish 
reports, digests, and summaries for public distribution on those 
subjects.''.

SEC. 10. INTRAMURAL SECURITY RESEARCH.

    Section 20 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by 
redesignating subsection (e) as subsection (f), and by inserting after 
subsection (d) the following:
    ``(e) Intramural Security Research.--As part of the research 
activities conducted in accordance with subsection (b)(4), the 
Institute shall--
            ``(1) conduct a research program to address emerging 
        technologies associated with assembling a networked computer 
        system from components while ensuring it maintains desired 
        security properties;
            ``(2) carry out research associated with improving the 
        security of real-time computing and communications systems for 
        use in process control; and
            ``(3) carry out multidisciplinary, long-term, high-risk 
        research on ways to improve the security of computer 
        systems.''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for the National Institute of Standards and Technology--
            (1) for activities under section 22 of the National 
        Institute of Standards and Technology Act, as added by section 
        8 of this Act--
                    (A) $25,000,000 for fiscal year 2003;
                    (B) $40,000,000 for fiscal year 2004;
                    (C) $55,000,000 for fiscal year 2005;
                    (D) $70,000,000 for fiscal year 2006;
                    (E) $85,000,000 for fiscal year 2007; and
            (2) for activities under section 20(f) of the National 
        Institute of Standards and Technology Act, as added by section 
        10 of this Act--
                    (A) $6,000,000 for fiscal year 2003;
                    (B) $6,200,000 for fiscal year 2004;
                    (C) $6,400,000 for fiscal year 2005;
                    (D) $6,600,000 for fiscal year 2006; and
                    (E) $6,800,000 for fiscal year 2007.

SEC. 12. NATIONAL ACADEMY OF SCIENCES STUDY ON COMPUTER AND NETWORK 
              SECURITY IN CRITICAL INFRASTRUCTURES.

    (a) Study.--Not later than 3 months after the date of the enactment 
of this Act, the Director of the National Institute of Standards and 
Technology shall enter into an arrangement with the National Research 
Council of the National Academy of Sciences to conduct a study of the 
vulnerabilities of the Nation's network infrastructure and make 
recommendations for appropriate improvements. The National Research 
Council shall--
            (1) review existing studies and associated data on the 
        architectural, hardware, and software vulnerabilities and 
        interdependencies in United States critical infrastructure 
        networks;
            (2) identify and assess gaps in technical capability for 
        robust critical infrastructure network security and make 
        recommendations for research priorities and resource 
        requirements; and
            (3) review any and all other essential elements of computer 
        and network security, including security of industrial process 
        controls, to be determined in the conduct of the study.
    (b) Report.--The Director of the National Institute of Standards 
and Technology shall transmit a report containing the results of the 
study and recommendations required by subsection (a) to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Science not later than 21 months after the 
date of enactment of this Act.
    (c) Security.--The Director of the National Institute of Standards 
and Technology shall ensure that no information that is classified is 
included in any publicly released version of the report required by 
this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for the National Institute of 
Standards and Technology for the purposes of carrying out this section, 
$700,000.

SEC. 13. COORDINATION OF FEDERAL CYBER SECURITY RESEARCH AND 
              DEVELOPMENT

    The Director of the National Science Foundation and the Director of 
the National Institute of Standards and Technology shall coordinate the 
research programs authorized by this Act or pursuant to amendments made 
by this Act. The Director of the Office of Science and Technology 
Policy shall work with the Director of the National Science Foundation 
and the Director of the National Institute of Standards and Technology 
to ensure that programs authorized by this Act or pursuant to 
amendments made by this Act are taken into account in any government-
wide cyber security research effort.

SEC. 14. OFFICE OF SPACE COMMERCIALIZATION.

    Section 8(a) of the Technology Administration Act of 1998 (15 
U.S.C. 1511e(a)) is amended by inserting ``the Technology 
Administration of'' after ``within''.

SEC. 15. TECHNICAL CORRECTION OF NATIONAL CONSTRUCTION SAFETY TEAM ACT.

    Section 2(c)(1)(d) of the National Construction Safety Team Act is 
amended by striking ``section 8;'' and inserting ``section 7;''.

SEC. 16. GRANT ELIGIBILITY REQUIREMENTS AND COMPLIANCE WITH IMMIGRATION 
              LAWS.

    (a) Immigration Status.--No grant or fellowship may be awarded 
under this Act, directly or indirectly, to any individual who is in 
violation of the terms of his or her status as a nonimmigrant under 
section 101(a)(15)(F), (M), or (J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)).
    (b) Aliens from Certain Countries.--No grant or fellowship may be 
awarded under this Act, directly or indirectly, to any alien from a 
country that is a state sponsor of international terrorism, as defined 
under section 306(b) of the Enhanced Border Security and VISA Entry 
Reform Act (8 U.S.C. 1735(b)), unless the Secretary of State 
determines, in consultation with the Attorney General and the heads of 
other appropriate agencies, that such alien does not pose a threat to 
the safety or national security of the United States.
    (c) Non-complying Institutions.--No grant or fellowship may be 
awarded under this Act, directly or indirectly, to any institution of 
higher education or non-profit institution (or consortia thereof) that 
has--
            (1) materially failed to comply with the recordkeeping and 
        reporting requirements to receive nonimmigrant students or 
        exchange visitor program participants under section 
        101(a)(15)(F), (M), or (J) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)), or section 641 of 
        the Illegal Immigration Reform and Responsibility Act of 1996 
        (8 U.S.C. 1372), as required by section 502 of the Enhanced 
        Border Security and VISA Entry Reform Act (8 U.S.C. 1762); or
            (2) been suspended or terminated pursuant to section 502(c) 
        of the Enhanced Border Security and VISA Entry Reform Act (8 
        U.S.C 1762(c)).

SEC. 17. REPORT ON GRANT AND FELLOWSHIP PROGRAMS.

    Within 24 months after the date of enactment of this Act, the 
Director, in consultation with the Assistant to the President for 
National Security Affairs, shall submit to Congress a report reviewing 
this Act to ensure that the programs and fellowships are being awarded 
under this Act to individuals and institutions of higher education who 
are in compliance with the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) in order to protect our national security.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 3394

_______________________________________________________________________

                               AMENDMENT