[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3394 Enrolled Bill (ENR)]
H.R.3394
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To authorize funding for computer and network security research and
development and research fellowship programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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; and
(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; and
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.