[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