[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3578 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 284
114th CONGRESS
  1st Session
                                H. R. 3578

                          [Report No. 114-372]

   To amend the Homeland Security Act of 2002 to strengthen and make 
   improvements to the Directorate of Science and Technology of the 
        Department of Homeland Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2015

 Mr. Ratcliffe (for himself and Mr. Richmond) introduced the following 
     bill; which was referred to the Committee on Homeland Security

                            December 8, 2015

                     Additional sponsor: Mr. McCaul

                            December 8, 2015

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 18, 2015]


_______________________________________________________________________

                                 A BILL


 
   To amend the Homeland Security Act of 2002 to strengthen and make 
   improvements to the Directorate of Science and Technology of the 
        Department of Homeland Security, 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 ``DHS Science and Technology Reform 
and Improvement Act of 2015''.

SEC. 2. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY.

    (a) In General.--Title III of the Homeland Security Act of 2002 is 
amended--
            (1) in section 301 (6 U.S.C. 181)--
                    (A) by striking ``There'' and inserting the 
                following:
    ``(a) In General.--There''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Mission.--The Directorate of Science and Technology shall be 
the primary research, development, testing, and evaluation arm of the 
Department, responsible for coordinating the research, development, 
testing, and evaluation of the Department to strengthen the security 
and resiliency of the United States. The Directorate shall--
            ``(1) develop and deliver knowledge, analyses, and 
        innovative solutions that are responsive to homeland security 
        capability gaps identified by components and offices of the 
        Department, the first responder community, and the Homeland 
        Security Enterprise (as such term is defined in section 322) 
        and that can be integrated into operations of the Department;
            ``(2) seek innovative, system-based solutions to complex 
        homeland security problems; and
            ``(3) build partnerships and leverage technology solutions 
        developed by other Federal agencies and laboratories, State, 
        local, and tribal governments, universities, and the private 
        sector.'';
            (2) in section 302 (6 U.S.C. 182)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The Secretary, acting through the Under 
                Secretary for Science and Technology, shall'' and 
                inserting the following:
    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall carry out the mission 
described in subsection (b) of section 301 and shall'';
                    (B) in subsection (a), as so designated by 
                subparagraph (A) of this paragraph--
                            (i) in paragraph (1), by inserting ``and 
                        serving as the senior scientific advisor to the 
                        Secretary'' before the semicolon at the end;
                            (ii) in paragraph (2)--
                                    (I) by striking ``national'';
                                    (II) by striking ``biological,,'' 
                                and inserting ``biological,''; and
                                    (III) by inserting ``that may serve 
                                as a basis of a national strategy'' 
                                after ``terrorist threats'';
                            (iii) in paragraph (3), by striking ``the 
                        Under Secretary for Intelligence and Analysis 
                        and the Assistant Secretary for Infrastructure 
                        Protection'' and inserting ``components and 
                        offices of the Department'';
                            (iv) in paragraph (4), by striking ``except 
                        that such responsibility does not extend to 
                        human health-related research and development 
                        activities'' and inserting the following: 
                        ``including coordinating with relevant 
                        components and offices of the Department 
                        appropriate to--
                    ``(A) identify and prioritize technical capability 
                requirements and create solutions that include 
                researchers, the private sector, and operational end 
                users, and
                    ``(B) develop capabilities to address issues on 
                research, development, testing, evaluation, technology, 
                and standards for the first responder community,
        except that such responsibility does not extend to the human 
        health-related research and development activities''.
                            (v) in paragraph (5)(A), by striking 
                        ``biological,,'' and inserting ``biological,'';
                            (vi) by amending paragraph (12) to read as 
                        follows:
            ``(12) coordinating and integrating all research, 
        development, demonstration, testing, and evaluation activities 
        of the Department, including through a centralized Federal 
        clearinghouse established pursuant to paragraph (1) of section 
        313(b) for information relating to technologies that would 
        further the mission of the Department, and providing advice, as 
        necessary, regarding major acquisition programs;''.
                            (vii) in paragraph (13), by striking 
                        ``and'' at the end;
                            (viii) in paragraph (14), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (ix) by adding at the end the following new 
                        paragraphs:
            ``(15) establishing a process that--
                    ``(A) includes consideration by Directorate 
                leadership, senior component leadership, first 
                responders, and outside expertise;
                    ``(B) is strategic, transparent, and repeatable 
                with a goal of continuous improvement;
                    ``(C) through which research and development 
                projects undertaken by the Directorate are assessed on 
                a regular basis; and
                    ``(D) includes consideration of metrics to ensure 
                research and development projects meet Directorate and 
                Department goals and inform departmental budget and 
                program planning;
            ``(16) developing and overseeing the administration of 
        guidelines for periodic external review of departmental 
        research and development programs or activities, including 
        through--
                    ``(A) consultation with experts, including 
                scientists and practitioners, regarding the research 
                and development activities conducted by the Directorate 
                of Science and Technology; and
                    ``(B) biennial independent, external review--
                            ``(i) initially at the division level; or
                            ``(ii) when divisions conduct multiple 
                        programs focused on significantly different 
                        subjects, at the program level;
            ``(17) partnering with components and offices of the 
        Department to develop and deliver knowledge, analyses, and 
        innovative solutions that are responsive to identified homeland 
        security capability gaps and raise the science-based, analytic 
        capability and capacity of appropriate individuals throughout 
        the Department by providing guidance on how to better identify 
        homeland security capability gaps that may be addressed through 
        a technological solution and by partnering with such components 
        and offices to--
                    ``(A) support technological assessments of major 
                acquisition programs throughout the acquisition 
                lifecycle;
                    ``(B) help define appropriate technological 
                requirements and perform feasibility analysis;
                    ``(C) assist in evaluating new and emerging 
                technologies against capability gaps;
                    ``(D) support evaluation of alternatives;
                    ``(E) improve the use of technology Department-
                wide; and
                    ``(F) provide technical assistance in the 
                development of acquisition lifecycle cost for 
                technologies;
            ``(18) acting as a coordinating office for technology 
        development for the Department by helping components and 
        offices define technological requirements, and building 
        partnerships with appropriate entities (such as within the 
        Department and with other Federal agencies and laboratories, 
        State, local, and tribal governments, universities, and the 
        private sector) to help each such component and office attain 
        the technology solutions it needs; and
            ``(19) coordinating with organizations that provide venture 
        capital to businesses, particularly small businesses, as 
        appropriate, to assist in the commercialization of innovative 
        homeland security technologies that are expected to be ready 
        for commercialization in the near term and within 36 months.''; 
        and
                    (C) by adding at the end the following new 
                subsection:
    ``(b) Review of Responsibilities.--Not later than 180 days after 
the date of the enactment of this subsection, the Under Secretary for 
Science and Technology shall submit to the appropriate congressional 
committees a report on the implementation of paragraphs (2) (including 
how the policy and strategic plan under such paragraph may serve as a 
basis for a national strategy referred to in such paragraph), (11), 
(12), (13), (16), and (17) of subsection (a).'';
            (3) in section 303(1) (6 U.S.C. 183(1)), by striking 
        subparagraph (F);
            (4) in section 305 (6 U.S.C. 185)--
                    (A) by striking ``The'' and inserting the 
                following:
    ``(a) Establishment.--The''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Conflicts of Interest.--The Secretary shall review and 
revise, as appropriate, the policies of the Department relating to 
personnel conflicts of interest to ensure that such policies 
specifically address employees of federally funded research and 
development centers established pursuant to subsection (a) who are in a 
position to make or materially influence research findings or agency 
decision making.'';
            (5) in section 306 (6 U.S.C. 186)--
                    (A) in subsection (c), by adding at the end the 
                following new sentence: ``If such regulations are 
                issued, the Under Secretary shall report to the 
                appropriate congressional committees prior to such 
                issuance.''; and
                    (B) by amending subsection (d) to read as follows:
    ``(d) Personnel.--In hiring personnel for the Directorate of 
Science and Technology, the Secretary shall have the hiring and 
management authorities described in section 1101 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
note; Public Law 105-261). The term of appointments for employees under 
subsection (c)(1) of such section may not exceed five years before the 
granting of any extension under subsection (c)(2) of such section.'';
            (6) in section 308 (6 U.S.C. 188)--
                    (A) in subsection (b)(2)--
                            (i) in subparagraph (B)--
                                    (I) in clause (iv), by striking 
                                ``and nuclear countermeasures or 
                                detection'' and inserting ``nuclear, 
                                and explosives countermeasures or 
                                detection (which may include research 
                                into remote sensing and remote 
                                imaging)''; and
                                    (II) by adding after clause (xiv) 
                                the following new clause:
                            ``(xv) Cybersecurity.''; and
                            (ii) by amending subparagraph (D) to read 
                        as follows:
                    ``(D) Annual report to congress.--Not later than 
                one year after the date of the enactment of this 
                subparagraph and annually thereafter, the Secretary 
                shall submit to Congress a report on the implementation 
                of this section. Each such report shall--
                            ``(i) indicate which center or centers have 
                        been designated pursuant to this section;
                            ``(ii) describe how such designation or 
                        designations enhance homeland security;
                            ``(iii) provide information on any 
                        decisions to revoke or modify such designation 
                        or designations;
                            ``(iv) describe research that has been 
                        tasked and completed by each center that has 
                        been designated during the preceding year;
                            ``(v) describe funding provided by the 
                        Secretary for each center under clause (iv) for 
                        that year; and
                            ``(vi) describe plans for utilization of 
                        each center or centers in the forthcoming 
                        year.''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(d) Test, Evaluation, and Standards Division.--
            ``(1) Establishment.--There is established in the 
        Directorate of Science and Technology a Test, Evaluation, and 
        Standards Division.
            ``(2) Director.--The Test, Evaluation, and Standards 
        Division shall be headed by a Director of Test, Evaluation, and 
        Standards, who shall be appointed by the Secretary and report 
        to the Under Secretary for Science and Technology.
            ``(3) Responsibilities, authorities, and functions.--The 
        Director of Test, Evaluation, and Standards--
                    ``(A) through the Under Secretary for Science and 
                Technology, serve as an adviser to the Secretary and 
                the Under Secretary of Management on all test and 
                evaluation or standards activities in the Department; 
                and
                    ``(B) shall--
                            ``(i) establish and update as necessary 
                        test and evaluation policies for the 
                        Department, including policies to ensure that 
                        operational testing is done at facilities that 
                        already have relevant and appropriate safety 
                        and material certifications to the extent such 
                        facilities are available;
                            ``(ii) oversee and ensure that adequate 
                        test and evaluation activities are planned and 
                        conducted by or on behalf of components and 
                        offices of the Department with respect to major 
                        acquisition programs of the Department, as 
                        designated by the Secretary, based on risk, 
                        acquisition level, novelty, complexity, and 
                        size of any such acquisition program, or as 
                        otherwise established in statute;
                            ``(iii) review major acquisition program 
                        test reports and test data to assess the 
                        adequacy of test and evaluation activities 
                        conducted by or on behalf of components and 
                        offices of the Department, including test and 
                        evaluation activities planned or conducted 
                        pursuant to clause (ii); and
                            ``(iv) review available test and evaluation 
                        infrastructure to determine whether the 
                        Department has adequate resources to carry out 
                        its testing and evaluation responsibilities, as 
                        established under this title.
            ``(4) Limitation.--The Test, Evaluation, and Standards 
        Division is not required to carry out operational testing of 
        major acquisition programs.
            ``(5) Evaluation of department of defense technologies.--
        The Director of Test, Evaluation, and Standards may evaluate 
        technologies currently in use or being developed by the 
        Department of Defense to assess whether such technologies can 
        be leveraged to address homeland security capability gaps.'';
            (7) in section 309(a) (6 U.S.C. 189(a)), by adding at the 
        end the following new paragraph:
            ``(3) Treatment of certain funds.--Notwithstanding any 
        other provision of law, any funds provided to a Department of 
        Energy national laboratory by the Department may not be treated 
        as an assisted acquisition.'';
            (8) in section 310 (6 U.S.C. 190), by adding at the end the 
        following new subsection:
    ``(e) Successor Facility.--Any successor facility to the Plum 
Island Animal Disease Center, including the National Bio and Agro-
Defense Facility (NBAF) under construction as of the date of the 
enactment of this subsection, which is intended to the replace the Plum 
Island Animal Disease Center shall be subject to the requirements of 
this section in the same manner and to the same extent as the Plum 
Island Animal Disease Center under this section.'';
            (9) in section 311 (6 U.S.C. 191)--
                    (A) in subsection (b)--
                            (i) in paragraph (1), in the first 
                        sentence--
                                    (I) by striking ``20 members'' and 
                                inserting ``not fewer than 15 members 
                                and not more than 30 members''; and
                                    (II) by inserting ``academia, 
                                national labs, private industry, and'' 
                                after ``representatives of'';
                            (ii) by redesignating paragraph (2) as 
                        paragraph (3); and
                            (iii) by inserting after paragraph (1) the 
                        following new paragraph:
            ``(2) Subcommittees.--The Advisory Committee may establish 
        subcommittees that focus on research and development 
        challenges, as appropriate.'';
                    (B) in subsection (c)--
                            (i) in paragraph (1), by inserting ``on a 
                        rotating basis'' before the period at the end;
                            (ii) by striking paragraph (2) and 
                        redesignating paragraph (3) as paragraph (2); 
                        and
                            (iii) in paragraph (2), as so redesignated, 
                        by striking ``be appointed'' and inserting 
                        ``serve'';
                    (C) in subsection (e), in the second sentence, by 
                striking ``the call of'';
                    (D) in subsection (h)--
                            (i) in paragraph (1)--
                                    (I) in the first sentence--
                                            (aa) by striking ``render'' 
                                        and inserting ``submit''; and
                                            (bb) by striking 
                                        ``Congress'' and inserting 
                                        ``the appropriate congressional 
                                        committees'';
                                    (II) in the second sentence, by 
                                inserting ``, and incorporate the 
                                findings and recommendations of the 
                                Advisory Committee subcommittees,'' 
                                before ``during''; and
                            (ii) in paragraph (2)--
                                    (I) striking ``render'' and 
                                inserting ``submit''; and
                                    (II) by striking ``Congress'' and 
                                inserting ``the appropriate 
                                congressional committees'';
                    (E) in subsection (i), by inserting before the 
                period at the end the following: ``, except that the 
                Advisory Committee shall file a charter with Congress 
                every two years in accordance with subsection (b)(2) of 
                such section 14'';
                    (F) in subsection (j), by striking ``2008'' and 
                inserting ``2020'';
            (10) in section 313 (6 U.S.C. 193)--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Application of Program.--The Secretary, acting through the 
Under Secretary for Science and Technology, shall use the program 
established under subsection (a) to--
            ``(1) enhance the cooperation between components and 
        offices of the Department on projects that have similar goals, 
        timelines, or outcomes;
            ``(2) ensure the coordination of technologies to eliminate 
        unnecessary duplication of research and development;
            ``(3) ensure technologies are accessible for component and 
        office use on a Department website; and
            ``(4) carry out any additional purpose the Secretary 
        determines necessary.'';
            (11) by adding after section 317 (6 U.S.C. 195c) the 
        following new sections:

``SEC. 318. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND 
              DEVELOPMENT.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this section, the Under Secretary for Science and 
Technology shall establish a process to define, identify, prioritize, 
fund, and task the basic and applied homeland security research and 
development activities of the Directorate of Science and Technology to 
meet the needs of the components and offices of the Department, the 
first responder community, and the Homeland Security Enterprise (as 
such term is defined in section 322).
    ``(b) Process.--The process established under subsection (a) 
shall--
            ``(1) be responsive to near-, mid-, and long-term needs, 
        including unanticipated needs to address emerging threats;
            ``(2) utilize gap analysis and risk assessment tools where 
        available and applicable;
            ``(3) include protocols to assess--
                    ``(A) off-the-shelf technology to determine if an 
                identified homeland security capability gap can be 
                addressed through the acquisition process instead of 
                commencing research and development of technology to 
                address such capability gap; and
                    ``(B) communication and collaboration for research 
                and development activities pursued by other executive 
                agencies, to determine if technology can be leveraged 
                to identify and address homeland security capability 
                gaps and avoid unnecessary duplication of efforts;
            ``(4) provide for documented and validated research and 
        development requirements;
            ``(5) strengthen first responder participation to identify 
        and prioritize homeland security technological gaps, including 
        by--
                    ``(A) soliciting feedback from appropriate national 
                associations and advisory groups representing the first 
                responder community and first responders within the 
                components and offices of the Department; and
                    ``(B) establishing and promoting a publicly 
                accessible portal to allow the first responder 
                community to help the Directorate of Science and 
                Technology develop homeland security research and 
                development goals;
            ``(6) institute a mechanism to publicize the Department's 
        homeland security technology priorities for the purpose of 
        informing Federal, State, and local governments, first 
        responders, and the private sector;
            ``(7) establish considerations to be used by the 
        Directorate in selecting appropriate research entities, 
        including the national laboratories, federally funded research 
        and development centers, university-based centers, and the 
        private sector, to carry out research and development 
        requirements;
            ``(8) incorporate feedback derived as a result of the 
        mechanism established in section 323, ensuring the Directorate 
        is utilizing regular communication with components and offices 
        of the Department; and
            ``(9) include any other criteria or measures the Under 
        Secretary for Science and Technology considers necessary for 
        the identification and prioritization of research requirements.

``SEC. 319. DEVELOPMENT OF DIRECTORATE STRATEGY AND RESEARCH AND 
              DEVELOPMENT PLAN.

    ``(a) Strategy.--
            ``(1) In general.--Not later than one year after the date 
        of the enactment of this section, the Under Secretary for 
        Science and Technology shall develop and submit to the 
        appropriate congressional committees a strategy to guide the 
        activities of the Directorate of Science and Technology. Such 
        strategy shall be updated at least once every five years and 
        shall identify priorities and objectives for the development of 
        science and technology solutions and capabilities addressing 
        homeland security operational needs. Such strategy shall 
        include the coordination of such priorities and activities 
        within the Department. Such strategy shall take into account 
        the priorities and needs of stakeholders in the Homeland 
        Security Enterprise (as such term is defined in section 322). 
        In developing such strategy, efforts shall be made to support 
        collaboration and avoid unnecessary duplication across the 
        Federal Government. Such strategy shall be risk-based and 
        aligned with other strategic guidance provided by--
                    ``(A) the National Strategy for Homeland Security;
                    ``(B) the Quadrennial Homeland Security Review; and
                    ``(C) any other relevant strategic planning 
                documents, as determined by the Under Secretary.
            ``(2) Contents.--The strategy required under paragraph (1) 
        shall be prepared in accordance with applicable Federal 
        requirements and guidelines, and shall include the following:
                    ``(A) An identification of the long-term strategic 
                goals, objectives, and metrics of the Directorate.
                    ``(B) A technology transition strategy for the 
                programs of the Directorate.
                    ``(C) Short- and long-term strategic goals, and 
                objectives for increasing the number of designations 
                and certificates issued under subtitle G of title VIII, 
                including cybersecurity technologies that could 
                significantly reduce, or mitigate the effects of, 
                cybersecurity risks (as such term is defined in 
                subsection (a)(1) of the second section 226, relating 
                to the national cybersecurity and communications 
                integration center), without compromising the quality 
                of the evaluation of applications for such designations 
                and certificates.
    ``(b) Five-year Research and Development Plan.--
            ``(1) In general.--The Under Secretary for Science and 
        Technology shall develop, and update at least once every five 
        years, a five-year research and development plan for the 
        activities of the Directorate of Science and Technology. The 
        Under Secretary shall develop the first such plan by the date 
        that is not later than one year after the date of the enactment 
        of this section.
            ``(2) Contents.--Each five-year research and development 
        plan developed and revised under subsection (a) shall--
                    ``(A) define the Directorate of Science and 
                Technology's research, development, testing, and 
                evaluation activities, priorities, performance metrics, 
                and key milestones and deliverables for, as the case 
                may be, the five-fiscal-year period from 2016 through 
                2020, and for each five-fiscal-year period thereafter;
                    ``(B) describe, for the activities of the strategy 
                developed under subsection (a), the planned annual 
                funding levels for the period covered by each such 
                five-year research and development plan;
                    ``(C) indicate joint investments with other Federal 
                partners where applicable, and enhanced coordination 
                with organizations as specified in paragraph (19) of 
                section 302, as appropriate;
                    ``(D) analyze how the research programs of the 
                Directorate support achievement of the strategic goals 
                and objectives identified in the strategy required 
                under subsection (a);
                    ``(E) describe how the activities and programs of 
                the Directorate meet the requirements or homeland 
                security capability gaps identified by customers within 
                and outside of the Department, including the first 
                responder community; and
                    ``(F) describe the policies of the Directorate 
                regarding the management, organization, and personnel 
                of the Directorate.
            ``(3) Scope.--The Under Secretary for Science and 
        Technology shall ensure that each five-year research and 
        development plan developed and revised under subsection (a)--
                    ``(A) reflects input from a wide range of 
                stakeholders; and
                    ``(B) takes into account how research and 
                development by other Federal, State, private sector, 
                and nonprofit institutions contributes to the 
                achievement of the priorities identified in each plan, 
                and avoids unnecessary duplication with such efforts.
            ``(4) Reports.--At the time the President submits each 
        annual budget request under section 1105(a) of title 31, United 
        States Code, the Under Secretary for Science and Technology 
        shall submit to the appropriate congressional committees a 
        report on the status and results to date of implementation of 
        the current five-year research and development plan, 
        including--
                    ``(A) a summary of the research and development 
                activities for the previous fiscal year in each topic 
                area, including such activities to address homeland 
                security risks, including threats, vulnerabilities, and 
                consequences, and a summary of the coordination 
                activities undertaken by the Directorate of Science and 
                Technology for components and offices of the 
                Department, together with the results of the process 
                specified in paragraph (15) of section 302;
                    ``(B) clear links between the Directorate's budget 
                and each topic area or program, including those topic 
                areas or programs to address homeland security risks, 
                including threats, vulnerabilities, and consequences, 
                specifying which topic areas or programs fall under 
                which budget lines, and clear links between Directorate 
                coordination work and priorities and annual 
                expenditures for such work and priorities, including 
                joint investments with other Federal partners, where 
                applicable;
                    ``(C) an assessment of progress of the research and 
                development activities based on the performance metrics 
                and milestones set forth in such plan; and
                    ``(D) any changes to such plan.

``SEC. 320. MONITORING OF PROGRESS.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall establish and utilize a system to track the progress of the 
research, development, testing, and evaluation activities undertaken by 
the Directorate of Science and Technology, and shall provide to the 
appropriate congressional committees and customers of such activities, 
at a minimum on a biannual basis, regular updates on such progress.
    ``(b) Requirements.--In order to provide the progress updates 
required under subsection (a), the Under Secretary for Science and 
Technology shall develop a system that--
            ``(1) monitors progress toward project milestones 
        identified by the Under Secretary;
            ``(2) maps progress toward deliverables identified in each 
        five-year research and development plan required under section 
        319(b);
            ``(3) generates up-to-date reports to customers that 
        transparently disclose the status and progress of research, 
        development, testing, and evaluation efforts of the Directorate 
        of Science and Technology; and
            ``(4) allows the Under Secretary to report the number of 
        products and services developed by the Directorate that have 
        been transitioned into acquisition programs and resulted in 
        successfully fielded technologies.
    ``(c) Evaluation Methods.--
            ``(1) External input, consultation, and review.--The Under 
        Secretary for Science and Technology shall implement procedures 
        to engage outside experts to assist in the evaluation of the 
        progress of research, development, testing, and evaluation 
        activities of the Directorate of Science and Technology, 
        including through--
                    ``(A) consultation with experts, including 
                scientists and practitioners, to gather independent 
                expert peer opinion and advice on a project or on 
                specific issues or analyses conducted by the 
                Directorate; and
                    ``(B) periodic, independent, external review to 
                assess the quality and relevance of the Directorate's 
                programs and projects.
            ``(2) Component feedback.--The Under Secretary for Science 
        and Technology shall establish a formal process to collect 
        feedback from customers of the Directorate of Science and 
        Technology on the performance of the Directorate that 
        includes--
                    ``(A) appropriate methodologies through which the 
                Directorate can assess the quality and usefulness of 
                technology and services delivered by the Directorate;
                    ``(B) development of metrics for measuring the 
                usefulness of any technology or service provided by the 
                Directorate; and
                    ``(C) standards for high-quality customer service.

``SEC. 321. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology and the Under Secretary for 
Management, shall establish a fellows program, to be known as the 
Homeland Security Science and Technology Fellows Program (in this 
section referred to as the `Program'), under which the Under Secretary 
for Science and Technology, in coordination with the Office of 
University Programs of the Department, shall facilitate the placement 
of fellows in relevant scientific or technological fields for up to two 
years in components and offices of the Department with a need for 
scientific and technological expertise.
    ``(b) Utilization of Fellows.--
            ``(1) In general.--Under the Program, the Department may 
        employ fellows--
                    ``(A) for the use of the Directorate of Science and 
                Technology; or
                    ``(B) for the use of a component or office of the 
                Department outside the Directorate, under a memorandum 
                of agreement with the head of such a component or 
                office under which such component or office will 
                reimburse the Directorate for the costs of such 
                employment.
            ``(2) Responsibilities.--Under an agreement referred to in 
        subparagraph (B) of paragraph (1)--
                    ``(A) the Under Secretary for Science and 
                Technology and the Under Secretary for Management 
                shall--
                            ``(i) solicit and accept applications from 
                        individuals who are currently enrolled in or 
                        who are graduates of postgraduate programs in 
                        scientific and engineering fields related to 
                        the promotion of securing the homeland or 
                        critical infrastructure sectors;
                            ``(ii) screen applicants and interview them 
                        as appropriate to ensure that such applicants 
                        possess the appropriate level of scientific and 
                        engineering expertise and qualifications;
                            ``(iii) provide a list of qualified 
                        applicants to the heads of components and 
                        offices of the Department seeking to utilize 
                        qualified fellows;
                            ``(iv) subject to the availability of 
                        appropriations, pay financial compensation to 
                        such fellows;
                            ``(v) coordinate with the Chief Security 
                        Officer to facilitate and expedite provision of 
                        security and suitability clearances to such 
                        fellows, as appropriate; and
                            ``(vi) otherwise administer all aspects of 
                        the employment of such fellows with the 
                        Department; and
                    ``(B) the head of the component or office of the 
                Department utilizing a fellow shall--
                            ``(i) select such fellow from the list of 
                        qualified applicants provided by the Under 
                        Secretary;
                            ``(ii) reimburse the Under Secretary for 
                        the costs of employing such fellow, including 
                        administrative costs; and
                            ``(iii) be responsible for the day-to-day 
                        management of such fellow.
    ``(c) Applications From Nonprofit Organizations.--The Under 
Secretary for Science and Technology may accept an application under 
subsection (b)(2)(A) that is submitted by a nonprofit organization on 
behalf of individuals whom such nonprofit organization has determined 
may be qualified applicants under the Program.

``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall support research, development, testing, evaluation, and 
transition of cybersecurity technology, including fundamental research 
to improve the sharing of information, analytics, and methodologies 
related to cybersecurity risks and incidents, consistent with current 
law.
    ``(b) Activities.--The research and development supported under 
subsection (a) shall serve the components of the Department and shall--
            ``(1) advance the development and accelerate the deployment 
        of more secure information systems;
            ``(2) improve and create technologies for detecting attacks 
        or intrusions, including real-time continuous diagnostics and 
        real-time analytic technologies;
            ``(3) improve and create mitigation and recovery 
        methodologies, including techniques and policies for real-time 
        containment of attacks, and development of resilient networks 
        and information systems;
            ``(4) support, in coordination with private sector, the 
        review of source code that underpins critical infrastructure 
        information systems;
            ``(5) develop and support infrastructure and tools to 
        support cybersecurity research and development efforts, 
        including modeling, testbeds, and data sets for assessment of 
        new cybersecurity technologies;
            ``(6) assist the development and support of technologies to 
        reduce vulnerabilities in industrial control systems; and
            ``(7) develop and support cyber forensics and attack 
        attribution.
    ``(c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate activities with--
            ``(1) the Under Secretary appointed pursuant to section 
        103(a)(1)(H);
            ``(2) the heads of other relevant Federal departments and 
        agencies, including the National Science Foundation, the 
        Defense Advanced Research Projects Agency, the Information 
        Assurance Directorate of the National Security Agency, the 
        National Institute of Standards and Technology, the Department 
        of Commerce, the Networking and Information Technology Research 
        and Development Program Office, Sector Specific Agencies for 
        critical infrastructure, and other appropriate working groups 
        established by the President to identify unmet needs and 
        cooperatively support activities, as appropriate; and
            ``(3) industry and academia.
    ``(d) Transition to Practice.--The Under Secretary for Science and 
Technology shall support projects through the full life cycle of such 
projects, including research, development, testing, evaluation, pilots, 
and transitions. The Under Secretary shall identify mature technologies 
that address existing imminent cybersecurity gaps in public or private 
information systems and networks of information systems, identify and 
support necessary improvements identified during pilot programs and 
testing and evaluation activities, and introduce new cybersecurity 
technologies throughout the Homeland Security Enterprise through 
partnerships and commercialization. The Under Secretary shall target 
federally funded cybersecurity research that demonstrates a high 
probability of successful transition to the commercial market within 
two years and that is expected to have notable impact on the 
cybersecurity of the information systems or networks of information 
systems of the United States.
    ``(e) Definitions.--In this section:
            ``(1) Cybersecurity risk.--The term `cybersecurity risk' 
        has the meaning given such term in the second section 226, 
        relating to the national cybersecurity and communications 
        integration center.
            ``(2) Homeland security enterprise.--The term `Homeland 
        Security Enterprise' means relevant governmental and 
        nongovernmental entities involved in homeland security, 
        including Federal, State, local, and tribal government 
        officials, private sector representatives, academics, and other 
        policy experts.
            ``(3) Incident.--The term `incident' has the meaning given 
        such term in the second section 226, relating to the national 
        cybersecurity and communications integration center.
            ``(4) Information system.--The term `information system' 
        has the meaning given that term in section 3502(8) of title 44, 
        United States Code.

``SEC. 323. INTEGRATED PRODUCT TEAMS.

    ``(a) In General.--The Secretary shall establish integrated product 
teams to serve as a central mechanism for the Department to identify, 
coordinate, and align research and development efforts with 
departmental missions. Each team shall be managed by the Under 
Secretary for Science and Technology and the relevant senior leadership 
of operational components, and shall be responsible for the following:
            ``(1) Identifying and prioritizing homeland security 
        capability gaps within a specific mission area and 
        technological solutions to address such gaps.
            ``(2) Identifying ongoing departmental research and 
        development activities and component acquisitions of 
        technologies that are outside of departmental research and 
        development activities to address a specific mission area.
            ``(3) Assessing the appropriateness of a technology to 
        address a specific mission area.
            ``(4) Identifying unnecessary redundancy in departmental 
        research and development activities within a specific mission 
        area.
            ``(5) Informing the Secretary and the annual budget process 
        regarding whether certain technological solutions are able to 
        address homeland security capability gaps within a specific 
        mission area.
    ``(b) Congressional Oversight.--Not later than two years after the 
date of enactment of this section, the Secretary shall provide to the 
appropriate congressional committees information on the impact and 
effectiveness of the mechanism described in subsection (a) on research 
and development efforts, component relationships, and how the process 
has informed the research and development budget and enhanced decision 
making, including acquisition decision making, at the Department. The 
Secretary shall seek feedback from the Under Secretary for Science and 
Technology, Under Secretary for Management, and the senior leadership 
of operational components regarding the impact and effectiveness of 
such mechanism and include such feedback in the information provided 
under this subsection.

``SEC. 324. HOMELAND SECURITY-STEM SUMMER INTERNSHIP PROGRAM.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall establish a Homeland Security-STEM internship program (in this 
section referred to as the `program') to carry out the objectives of 
this subtitle.
    ``(b) Program.--The program shall provide students with exposure to 
Department mission-relevant research areas to encourage such students 
to pursue STEM careers in homeland security related fields. Internships 
offered under the program shall be for up to ten weeks during the 
summer.
    ``(c) Eligibility.--The Under Secretary for Science and Technology 
shall develop criteria for participation in the program, including the 
following:
            ``(1) At the time of application, an intern shall--
                    ``(A) have successfully completed not less than one 
                academic year of study at an institution of higher 
                education in a STEM field;
                    ``(B) be enrolled in a course of study in a STEM 
                field at an institution of higher education; and
                    ``(C) plan to continue such course of study or 
                pursue an additional course of study in a STEM field at 
                an institution of higher education in the academic year 
                following the internship.
            ``(2) An intern shall be pursuing career goals aligned with 
        the Department's mission, goals, and objectives.
            ``(3) Any other criteria the Under Secretary determines 
        appropriate.
    ``(d) Cooperation.--The program shall be administered in 
cooperation with the university-based centers for homeland security 
under section 308. Interns in the program shall be provided hands-on 
research experience and enrichment activities focused on Department 
research areas.
    ``(e) Academic Requirements; Operation.--The Under Secretary for 
Science and Technology shall determine the academic requirements, other 
selection criteria, and standards for successful completion of each 
internship period in the program. The Under Secretary shall be 
responsible for the design, implementation, and operation of the 
program.
    ``(f) Research Mentors.--The Under Secretary for Science and 
Technology shall ensure that each intern in the program is assigned a 
research mentor to act as counselor and advisor and provide career-
focused advice.
    ``(g) Outreach to Certain Under-represented Students.--The Under 
Secretary for Science and Technology shall conduct outreach to students 
who are members of groups under-represented in STEM careers to 
encourage their participation in the program.
    ``(h) Institution of Higher Education Defined.--In this section, 
the term `institution of higher education' has the meaning given the 
term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 
1002), except that the term does not include institutions described in 
subparagraph (C) of such section 102(a)(1).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 30 days after the date of the enactment 
of this section.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 317 the following new items:

``Sec. 318. Identification and prioritization of research and 
                            development.
``Sec. 319. Development of Directorate strategy and research and 
                            development plan.
``Sec. 320. Monitoring of progress.
``Sec. 321. Homeland Security Science and Technology Fellows Program.
``Sec. 322. Cybersecurity research and development.
``Sec. 323. Integrated product teams.
``Sec. 324. Homeland Security-STEM summer internship program.''.
    (d) Research and Development Projects.--Section 831 of the Homeland 
Security Act of 2002 (6 U.S.C. 391) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``2015'' and inserting ``2020'';
                    (B) in paragraph (1), by striking the last 
                sentence; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Prior approval.--In any case in which a component or 
        office of the Department seeks to utilize the authority under 
        this section, such office or component shall first receive 
        prior approval from the Secretary by providing to the Secretary 
        a proposal that includes the rationale for the use of such 
        authority, the funds to be spent on the use of such authority, 
        and the expected outcome for each project that is the subject 
        of the use of such authority. In such a case, the authority for 
        evaluating the proposal may not be delegated by the Secretary 
        to anyone other than the Under Secretary for Management.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``2015'' and inserting 
                ``2020''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Report.--The Secretary shall annually submit to the 
        appropriate congressional committees a report detailing the 
        projects for which the authority granted by subsection (a) was 
        used, the rationale for such use, the funds spent using such 
        authority, the extent of cost-sharing for such projects among 
        Federal and non-federal sources, the extent to which use of 
        such authority has addressed a homeland security capability gap 
        identified by the Department, the total amount of payments, if 
        any, that were received by the Federal Government as a result 
        of the use of such authority during the period covered by each 
        such report, the outcome of each project for which such 
        authority was used, and the results of any audits of such 
        projects.''; and
            (3) by adding at the end the following new subsections:
    ``(e) Training.--The Secretary shall develop a training program for 
acquisitions staff in the use of other transaction authority to help 
ensure the appropriate use of such authority.
    ``(f) Other Transaction Authority Defined.--In this section, the 
term `other transaction authority' means authority under subsection 
(a).''.
    (e) Amendment to Definition.--Paragraph (2) of subsection (a) of 
the second section 226 of the Homeland Security Act of 2002 (6 U.S.C. 
148; relating to the national cybersecurity and communications 
integration center) is amended to read as follows:
            ``(2) Incident.--The term `incident' means an occurrence 
        that actually or imminently jeopardizes, without lawful 
        authority, the integrity, confidentiality, or availability of 
        information on an information system, or actually or imminently 
        jeopardizes, without lawful authority, an information 
        system.''.
    (f) GAO Study of University-based Centers.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall initiate a study to assess the university-
        based centers for homeland security program authorized by 
        section 308(b)(2) of the Homeland Security Act of 2002 (6 
        U.S.C. 188(b)(2)), and provide recommendations to the Committee 
        on Homeland Security and the Committee on Science, Space, and 
        Technology of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate for 
        appropriate improvements.
            (2) Subject matters.--The study required under subsection 
        (a) shall include the following:
                    (A) A review of the Department of Homeland 
                Security's efforts to identify key areas of study 
                needed to support the homeland security mission, and 
                criteria that the Department utilized to determine such 
                key areas for which the Department should maintain, 
                establish, or eliminate university-based centers.
                    (B) A review of the method by which university-
                based centers, federally funded research and 
                development centers, and Department of Energy national 
                laboratories receive tasking from the Department of 
                Homeland Security, including a review of how 
                university-based research is identified, prioritized, 
                and funded.
                    (C) A review of selection criteria for designating 
                university-based centers and a weighting of such 
                criteria.
                    (D) An examination of best practices from other 
                departments' and agencies' efforts to organize and use 
                university-based research to support their missions.
                    (E) A review of the Department of Homeland 
                Security's criteria and metrics to measure demonstrable 
                progress achieved by university-based centers in 
                fulfilling Department taskings, and mechanisms for 
                delivering and disseminating the research results of 
                designated university-based centers within the 
                Department and to other Federal, State, and local 
                agencies.
                    (F) An examination of the means by which academic 
                institutions that are not designated or associated with 
                the designated university-based centers can optimally 
                contribute to the research mission of the Directorate 
                of Science and Technology of the Department of Homeland 
                Security.
                    (G) An assessment of the interrelationship between 
                the different university-based centers and the degree 
                to which outreach and collaboration among a diverse 
                array of academic institutions is encouraged by the 
                Department of Homeland Security, particularly with 
                historically Black colleges and universities and 
                minority-serving institutions.
                    (H) A review of any other essential elements of the 
                programs determined in the conduct of the study.
    (g) Prize Authority.--The Under Secretary for Science and 
Technology of the Department of Homeland Security shall utilize, as 
appropriate, prize authority granted pursuant to current law.
    (h) Prohibition on New Funding.--No funds are authorized to be 
appropriated to carry out this section and the amendments made by this 
section. Such section and amendments shall be carried out using amounts 
otherwise appropriated or made available for such purposes.
                                                 Union Calendar No. 284

114th CONGRESS

  1st Session

                               H. R. 3578

                          [Report No. 114-372]

_______________________________________________________________________

                                 A BILL

   To amend the Homeland Security Act of 2002 to strengthen and make 
   improvements to the Directorate of Science and Technology of the 
        Department of Homeland Security, and for other purposes.

_______________________________________________________________________

                            December 8, 2015

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed