[Congressional Record Volume 156, Number 107 (Tuesday, July 20, 2010)]
[House]
[Pages H5760-H5775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOMELAND SECURITY SCIENCE AND TECHNOLOGY AUTHORIZATION ACT OF 2010
Ms. CLARKE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4842) to authorize appropriations for the Directorate of
Science and Technology of the Department of Homeland Security for
fiscal years 2011 and 2012, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4842
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 ``Homeland Security Science
and Technology Authorization Act of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. References.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations.
TITLE II--MANAGEMENT AND ADMINISTRATION
Sec. 201. Research prioritization and requirements; professional
development; milestones and feedback.
Sec. 202. Testing, evaluation, and standards.
Sec. 203. External review.
Sec. 204. Office of Public-Private Partnerships.
TITLE III--REPORTS
Sec. 301. Directorate of Science and Technology strategic plan.
Sec. 302. Report on technology requirements.
Sec. 303. Report on venture capital organization.
TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS
Sec. 401. Limitations on research.
Sec. 402. University-based centers.
Sec. 403. Review of university-based centers.
Sec. 404. Cybersecurity research and development.
Sec. 405. National Research Council study of cybersecurity incentives.
Sec. 406. Research on cyber compromise of infrastructure.
Sec. 407. Dual-use terrorist risks from synthetic genomics.
Sec. 408. Underwater tunnel security demonstration project.
Sec. 409. Threats research and development.
Sec. 410. Maritime domain awareness and maritime security technology
test, evaluation, and transition capabilities.
Sec. 411. Rapid biological threat detection and identification.
Sec. 412. Educating the public about radiological threats.
Sec. 413. Rural resilience initiative.
Sec. 414. Sense of Congress regarding the need for interoperability
standards for Internet protocol video surveillance
technology.
Sec. 415. Homeland Security Science and Technology Fellows Program.
Sec. 416. Biological threat agent assay equivalency.
Sec. 417. Study of feasibility and benefit of expanding or establishing
program to create a new cybersecurity capacity building
track at certain institutions of higher education.
Sec. 418. Sense of Congress regarding centers of excellence.
Sec. 419. Assessment, research, testing, and evaluation of technologies
to mitigate the threat of small vessel attack.
Sec. 420. Research and development projects.
Sec. 421. National Urban Security Technology Laboratory.
Sec. 422. Homeland security science and technology advisory committee.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 501. Authorization of appropriations.
Sec. 502. Domestic Nuclear Detection Office oversight.
Sec. 503. Strategic plan and funding allocations for global nuclear
detection architecture.
Sec. 504. Radiation portal monitor alternatives.
Sec. 505. Authorization of Securing the Cities Initiative.
TITLE VI--CLARIFYING AMENDMENTS
Sec. 601. Federally funded research and development centers.
Sec. 602. Elimination of Homeland Security Institute.
Sec. 603. GAO study of the implementation of the statutory relationship
between the Department and the Department of Energy
national laboratories.
Sec. 604. Technical changes.
TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND
ELECTRONIC INFRASTRUCTURES
Sec. 701. Commission on the Protection of Critical Electric and
Electronic Infrastructures.
TITLE VIII--BORDER SECURITY TECHNOLOGY INNOVATION
Sec. 801. Ensuring research activities of the Department of Homeland
Security include appropriate concepts of operation.
Sec. 802. Report on basic research needs for border and maritime
security.
Sec. 803. Incorporating unmanned aerial vehicles into border and
maritime airspace.
Sec. 804. Establishing a research program in tunnel detection.
Sec. 805. Research in document security and authentication
technologies.
Sec. 806. Study on global positioning system technologies.
Sec. 807. Study of mobile biometric technologies at the border.
Sec. 808. Authorization of appropriations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means the Committee
on Homeland Security and the Committee on Science and
Technology of the House of Representatives and any committee
of the House of Representatives or the Senate having
legislative jurisdiction under the rules of the House of
Representatives or Senate, respectively, over the matter
concerned.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Directorate.--The term ``Directorate'' means the
Directorate of Science and Technology of the Department.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Science and Technology of the
Department.
SEC. 4. REFERENCES.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the reference shall
be considered to be made to a provision of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Under
Secretary $1,121,664,000 for fiscal year 2011 and
$1,155,313,920 for fiscal year 2012 for the necessary
expenses of the Directorate.
TITLE II--MANAGEMENT AND ADMINISTRATION
SEC. 201. RESEARCH PRIORITIZATION AND REQUIREMENTS;
PROFESSIONAL DEVELOPMENT; MILESTONES AND
FEEDBACK.
(a) In General.--Title III (6 U.S.C. 181 et seq.) is
amended by adding at the end the following new sections:
``SEC. 318. RESEARCH PRIORITIZATION AND REQUIREMENTS.
``(a) Requirements.--The Secretary shall--
``(1) by not later than 180 days after the date of
enactment of this section, establish requirements for how
basic and applied homeland security research shall be
identified, prioritized, funded, tasked, and evaluated by the
Directorate of Science and Technology, including the roles
and responsibilities of the Under Secretary for Science and
Technology, the Under Secretary for Policy, the Under
Secretary for Management, the Director of the Office of Risk
Management and Analysis, the Director of the Domestic Nuclear
Detection Office, and the heads of operational components of
the Department; and
``(2) to the greatest extent possible, seek to publicize
the requirements for the purpose of informing the Federal,
State, and local governments, first responders, and the
private sector.
``(b) Contents.--In the requirements, the Secretary shall--
[[Page H5761]]
``(1) identify the Directorate of Science and Technology's
customers within and outside of the Department;
``(2) describe the risk formula and risk assessment tools,
including the risk assessment required under subsection
(e)(1) that the Department considers to identify, prioritize,
and fund homeland security research projects;
``(3) describe the considerations to be used by the
Directorate to task projects to research entities, including
the national laboratories, federally funded research and
development centers, and university-based centers;
``(4) describe the protocols to be used to assess 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 that capability gap;
``(5) describe the processes to be used by the Directorate
to strengthen first responder participation in identifying
and prioritizing 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 of the Department; and
``(B) establishing and promoting a publicly accessible
portal to allow the first responder community to help the
Directorate develop homeland security research and
development goals;
``(6) describe a mechanism to publicize the Department's
funded and unfunded homeland security technology priorities;
and
``(7) include such other requirements, policies, and
practices as the Secretary considers necessary.
``(c) Activities in Support of the Research Prioritization
and Requirements.--Not later than one year after the date of
the issuance of the requirements, the Secretary shall--
``(1) carry out the requirements of subsection (a);
``(2) establish, through the Under Secretary for Science
and Technology and Under Secretary for Management, a
mandatory workforce program for the Directorate's customers
in the Department to better identify and prioritize homeland
security capability gaps that may be addressed by a
technological solution based on the assessment required under
section 319(a)(2);
``(3) establish a system to collect feedback from customers
of the Directorate on the performance of the Directorate; and
``(4) any other activities that the Secretary considers to
be necessary to implement the requirements.
``(d) Biannual Updates on Implementation.--One hundred and
eighty days after the date of enactment of this section, and
on a biannually basis thereafter, the Inspector General of
the Department shall submit a biannually update to the
appropriate congressional committees on the status of
implementation of the research prioritization and
requirements and activities in support of such requirements.
``(e) Risk Assessment.--The Secretary shall--
``(1) submit to the appropriate congressional committees by
not later than one year after the date of enactment of this
subsection and annually thereafter--
``(A) a national-level risk assessment carried out by the
Secretary, describing and prioritizing the greatest risks to
the homeland, that includes vulnerability studies, asset
values (including asset values for intangible assets),
estimated rates of occurrence, countermeasures employed, loss
expectancy, cost/benefit analyses, and other practices
generally associated with producing a comprehensive risk
assessment;
``(B) an analysis of the Directorate's approach to
mitigating the homeland security risks identified under
subparagraph (A) through basic and applied research,
development, demonstration, testing, and evaluation
activities, as appropriate;
``(C) an analysis, based on statistics and metrics, of the
effectiveness of the Directorate in reducing the homeland
security risks identified under subparagraph (A) through the
deployment of homeland security technologies researched or
developed by the Directorate, as appropriate;
``(D) a description of how the analysis required under
subparagraph (A) shall be used to inform, guide, and
prioritize the Department's homeland security research and
development activities, including recommendations for how the
Directorate should modify or amend its existing research and
development activities, including for purposes of reducing
the risks to the homeland identified under subparagraph (A);
and
``(E) a description of input from other relevant Federal,
State, or local agencies and relevant private sector entities
in conducting the risk assessment required by subparagraph
(A); and
``(2) conduct research and development on ways to most
effectively communicate information regarding the risks
identified under paragraph (1)(A) to the media as well as
directly to the public, both on an ongoing basis and during a
terrorist attack or other incident.
``(f) Report on HSARPA Activities.--
``(1) In general.--Consistent with the Federal Acquisition
Regulation and any other relevant Federal requirements, not
later than 60 days after the date of enactment of this
subsection and annually thereafter, the Secretary shall
submit a report to the appropriate congressional committees
containing the research, development, testing, evaluation,
prototyping, and deployment activities undertaken by the
Homeland Security Advanced Research Projects Agency during
the previous fiscal year, including funds expended for such
activities in the previous fiscal year.
``(2) Contents.--For each activity undertaken, the report
shall--
``(A) describe, as appropriate, the corresponding risk
identified in subsection (e)(1)(A) that supports the decision
to undertake that activity; and
``(B) describe any efforts made to transition that activity
into a Federal, State, or local acquisition program.
``(3) Additional activities.--The Secretary shall include
in each report a description of each proposal that was
reviewed in the period covered by the report by the Director
of the Homeland Security Advanced Research Projects Agency
under section 313(d)(3), including a statement of whether the
proposal received a grant, cooperative agreement, or contract
from the Director.
``SEC. 319. PROFESSIONAL DEVELOPMENT.
``(a) Reporting Requirement.--Sixty days before
establishing the mandatory workforce program as required by
section 318(c)(2), the Secretary shall report to the
appropriate congressional committees on the following:
``(1) A description of how homeland security technological
requirements are developed by the Directorate of Science and
Technology's customers within the Department.
``(2) A description of the training that should be provided
to the Directorate's customers in the Department under the
mandatory workforce program to allow them to identify,
express, and prioritize homeland security capability gaps.
``(3) A plan for how the Directorate, in coordination with
the Domestic Nuclear Detection Office and other Department
components, can enhance and improve technology requirements
development and the technology acquisition process, to
accelerate the delivery of effective, suitable technologies
that meet performance requirements and appropriately address
an identified homeland security capability gap.
``(4) An assessment of whether Congress should authorize,
in addition to the program required under section 318(c)(2),
a training program for Department employees to be trained in
requirements writing and acquisition, that--
``(A) is prepared in consultation with the Department of
Veterans Affairs Acquisition Academy and the Defense
Acquisition University; and
``(B) if the Secretary determines that such additional
training should be authorized by Congress, includes
specification about--
``(i) the type, skill set, and job series of Department
employees who would benefit from such training, including an
estimate of the number of such employees;
``(ii) a suggested curriculum for the training;
``(iii) the type and skill set of educators who could most
effectively teach those skills;
``(iv) the length and duration of the training;
``(v) the advantages and disadvantages of training
employees in a live classroom, or virtual classroom, or both;
``(vi) cost estimates for the training; and
``(vii) the role of the Directorate in supporting the
training.
``(b) Use of Research and Development Center.--The
Secretary is encouraged to use a federally funded research
and development center to assist the Secretary in carrying
out the requirements of this section.
``SEC. 320. CUSTOMER FEEDBACK.
``In establishing a system to collect feedback under
section 318(c)(3), the Secretary shall--
``(1) create a formal process for collecting feedback from
customers on the effectiveness of the technology or services
delivered by Directorate of Science and Technology, including
through randomized sampling, focus groups, and other methods
as appropriate;
``(2) develop metrics for measuring customer satisfaction
and the usefulness of any technology or service provided by
the Directorate; and
``(3) establish standards and performance measures to be
met by the Directorate in order to provide high-quality
customer service.
``SEC. 321. RESEARCH PROGRESS.
``(a) In General.--The Secretary shall establish a system
to monitor the progress of Directorate for Science and
Technology research, development, testing, and evaluation
activities, including the establishment of initial and
subsequent research milestones.
``(b) System.--The system established under subsection (a)
shall--
``(1) identify and monitor the progress toward research
milestones;
``(2) allow the Directorate to provide regular reports to
its customers regarding the status and progress of research
efforts of the Directorate;
``(3) allow the Secretary to evaluate how a technology or
service produced as a result of the Directorate's programs
has affected homeland security capability gaps; and
``(4) allow the Secretary to report the number of products
and services developed by the Directorate that have been
transitioned into acquisition programs.
[[Page H5762]]
``(c) Guidance.--The Under Secretary for Science and
Technology shall publicize and implement guidance on setting
valid initial and subsequent research milestones for homeland
security research funded by the Directorate.
``SEC. 322. REPORT.
``(a) In General.--The Under Secretary shall submit a
report to the appropriate congressional committees--
``(1) by not later than one year after the date of
enactment of sections 320 and 321 identifying what actions
have been taken to carry out the requirements of these
sections; and
``(2) annually thereafter describing--
``(A) research milestones for each large project with a
Federal cost share greater than $80,000,000 that have been
successfully met and missed, including for each missed
milestone, an explanation of why the milestone was missed;
and
``(B) customer feedback collected and the success of the
Directorate in meeting the customer service performance
measures and standards, including an evaluation of the
effectiveness of the technology or services delivered by the
Directorate.''.
(b) Clerical Amendments.--The table of contents in section
1(b) is amended in the items relating to subtitle D of title
II--
(1) in the item relating to the heading for the subtitle,
by striking ``Office of'';
(2) in the item relating to section 231, by striking
``office'' and inserting ``Office of Science and
Technology''; and
(3) by adding at the end the following new items:
``Sec. 318. Research prioritization and requirements.
``Sec. 319. Professional development.
``Sec. 320. Customer feedback.
``Sec. 321. Research progress.
``Sec. 322. Report.
SEC. 202. TESTING, EVALUATION, AND STANDARDS.
Section 308 (6 U.S.C. 188) is amended by adding at the end
of 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) is the principal adviser to the Secretary, the Under
Secretary of Management, and the Under Secretary for Science
and Technology on all test and evaluation or standards
activities in the Department; and
``(B) shall--
``(i) prescribe test and evaluation policies for the
Department, which shall include 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 of the Department in major acquisition programs of
the Department, as designated by the Secretary, based on
risk, acquisition level, novelty, complexity, and size of the
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 of the
Department; 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) Deputy director of operational test and evaluation.--
Within the Division there shall be a Deputy Director of
Operational Test and Evaluation, who--
``(A) is the principal operational test and evaluation
official for the Department; and
``(B) shall--
``(i) monitor and review the operational testing and
evaluation activities conducted by or on behalf of components
of the Department in major acquisition programs of the
Department, as designated by the Secretary, based on risk,
acquisition level, novelty, complexity, and size of the
acquisition program, or as otherwise established in statute;
``(ii) provide the Department with assessments of the
adequacy of testing and evaluation activities conducted in
support of major acquisitions programs; and
``(iii) have prompt and full access to test and evaluation
documents, data, and test results of the Department that the
Deputy Director considers necessary to review in order to
carry out the duties of the Deputy Director under this
section.
``(5) Standards executive.--Within this Division, there
shall be a Standards Executive as described in Office of
Management and Budget Circular A-119. The Standards Executive
shall--
``(A) implement the Department's standards policy as
described in section 102(g); and
``(B) support the Department's use of technical standards
that are developed or adopted by voluntary consensus
standards bodies in accordance with section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note).
``(6) Limitation.--The Division is not required to carry
out operational testing.
``(7) 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 they can be leveraged
to address homeland security capability gaps.''.
SEC. 203. EXTERNAL REVIEW.
(a) Responsibilities and Authorities of the Under
Secretary.--Section 302 (6 U.S.C. 183) is amended by striking
``and'' after the semicolon at the end of paragraph (13), by
striking the period at the end of paragraph (14) and
inserting ``; and'', and by adding at the end the following
new paragraph:
``(15) developing and overseeing the administration of
guidelines for periodic external review of research and
development programs or activities, including through--
``(A) consultation with experts, including scientists and
practitioners, about the research and development activities
conducted by the Directorate of Science and Technology; and
``(B) ongoing 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.''.
(b) Report.--The Secretary shall report to Congress not
later than 60 days after the completion of the first review
under section 302(15)(B) of the Homeland Security Act of
2002, as amended by subsection (a) of this section on--
(1) the findings of the review; and
(2) any future efforts to ensure that the Department's
research programs or activities are subject to external
review, as appropriate.
SEC. 204. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.
(a) Establishment.--Section 313 (6 U.S.C. 193) is amended
to read as follows:
``SEC. 313. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.
``(a) Establishment of Office.--There is established an
Office of Public-Private Partnerships in the Directorate of
Science and Technology.
``(b) Director.--The Office shall be headed by a Director,
who shall be appointed by the Secretary. The Director shall
report to the Under Secretary for Science and Technology.
``(c) Responsibilities.--The Director, in coordination with
the Private Sector Office of the Department, shall--
``(1) engage and initiate proactive outreach efforts and
provide guidance on how to pursue proposals to develop or
deploy homeland security technologies (including regarding
Federal funding, regulation, or acquisition), including to
persons associated with small businesses (as that term is
defined in the Small Business Act (15 U.S.C. 631 et seq.));
``(2) coordinate with components of the Department to issue
announcements seeking unique and innovative homeland security
technologies to address homeland security capability gaps;
``(3) promote interaction between homeland security
researchers and private sector companies in order to
accelerate transition research or a prototype into a
commercial product and streamline the handling of
intellectual property; and
``(4) conduct technology research assessment and
marketplace analysis for the purpose of identifying,
leveraging, and integrating best-of-breed technologies and
capabilities from industry, academia, and other Federal
Government agencies, and disseminate research and findings to
Federal, State, and local governments.
``(d) Rapid Review Division.--
``(1) Establishment.--There is established the Rapid Review
Division within the Office of Public-Private Partnerships.
``(2) Purpose and duties.--
``(A) In general.--The Division--
``(i) is responsible for maintaining a capability to
perform business and technical reviews to assist in screening
unsolicited homeland security technology proposals submitted
to the Secretary; and
``(ii) shall assess the feasibility, scientific and
technical merits, and estimated cost of such proposals.
``(B) Specific duties.--In carrying out those duties, the
Division shall--
``(i) maintain awareness of the technological requirements
of the Directorate's customers;
``(ii) establish and publicize accessible, streamlined
procedures allowing a participant to have their technology
assessed by the Division;
``(iii) make knowledgeable assessments of a participant's
technology after receiving a business plan, a technology
proposal, and a list of corporate officers, directors, and
employees with technical knowledge of the proposal, within 60
days after such a submission;
``(iv) review proposals submitted by components of the
Department to the Division, subject to subsection (e); and
``(v) in reviewing proposals submitted to the Secretary,
give priority to any proposal submitted by a small business
concern as defined under section 3 of the Small Business Act
(15 U.S.C. 632).
``(3) Coordination.--The Director shall submit for
consideration promising homeland security technology
research, development, testing, and evaluation proposals,
[[Page H5763]]
along with any business and technical reviews, to the
appropriate subcomponents of the Directorate and the
appropriate operational components of the Department for
consideration for support.
``(e) Limitation on Consideration or Evaluation of
Proposals.--The Office may not consider or evaluate homeland
security technology proposals submitted in response to a
solicitation for offers for a pending procurement or for a
specific agency requirement.
``(f) Satellite Offices.--The Under Secretary, acting
through the Director, may establish up to 3 satellite offices
across the country to enhance the Department's outreach
efforts. The Secretary shall notify the appropriate
congressional committees in writing within 30 days after
establishing any satellite office.
``(g) Personnel.--The Secretary shall establish rules to
prevent the Director or any other employee of the Office from
acting on matters where a conflict of interest may exist.''.
(b) Clerical Amendment.--The table of contents in section
1(b) is amended by striking the item relating to such section
and inserting the following:
``Sec. 313. Office of Public-Private Partnerships.''.
(c) Authorization of Appropriations.--Of the amount
authorized by section 101, there is authorized to be
appropriated $30,000,000 for the Office of Public-Private
Partnerships for each of fiscal years 2011 and 2012.
TITLE III--REPORTS
SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY STRATEGIC
PLAN.
(a) In General.--Title III (6 U.S.C. 181 et seq.), as
amended by section 201, is further amended by adding at the
end the following new section:
``SEC. 323. STRATEGIC PLAN.
``(a) Requirement for Strategic Plan.--Not later than 1
year after the date of enactment of this section and every
other year thereafter, the Under Secretary for Science and
Technology shall prepare a strategic plan for the activities
of the Directorate.
``(b) Contents.--The strategic plan required by subsection
(a) shall be prepared in accordance with applicable Federal
requirements, and shall include the following matters:
``(1) The long-term strategic goals of the Directorate.
``(2) Identification of the research programs of the
Directorate that support achievement of those strategic
goals.
``(3) The connection of the activities and programs of the
Directorate to requirements or homeland security capability
gaps identified by customers within the Department and
outside of the Department, including the first responder
community.
``(4) The role of the Department's risk analysis in the
activities and programs of the Directorate.
``(5) A technology transition strategy for the programs of
the Directorate.
``(6) A description of the policies of the Directorate on
the management, organization, and personnel of the
Directorate.
``(c) Submission of Plan to Congress.--The Secretary shall
submit to Congress any update to the strategic plan most
recently prepared under subsection (a) at the same time that
the President submits to Congress the budget for each even-
numbered fiscal year.''.
(b) Clerical Amendment.--The table of contents in section
1(b), as amended by section 201, is further amended by adding
at the end of the items relating to title III the following
new item:
``Sec. 323. Strategic plan.''.
SEC. 302. REPORT ON TECHNOLOGY REQUIREMENTS.
Section 302 (6 U.S.C. 182) is amended by inserting ``(a) In
General.--'' before the first sentence, and by adding at the
end the following new subsection:
``(b) Report on Technology Requirements.--
``(1) In general.--Within 90 days after the date of
enactment, the Under Secretary shall, for each current
project conducted by the Directorate and having a Federal
cost share greater than $80,000,000, and on an ongoing basis
thereafter for any new project conducted by the Directorate
and having a Federal cost share greater than $80,000,000,
provide to the appropriate congressional committees a
description of--
``(A) the Department components and customers consulted
during the development of the operational and technical
requirements associated with the project; and
``(B) the extent to which the requirements incorporate the
input of those components or customers.
``(2) Large projects.--Within 90 days after the date of
enactment, the Secretary shall, for each current project
conducted by a component of the Department besides the
Directorate, and having a life-cycle cost greater than
$1,000,000,000, and on an ongoing basis thereafter for any
new project conducted by a component of the Department
besides the Directorate, and having a life-cycle cost greater
than $1,000,000,000, provide to the appropriate congressional
committees detailed operational and technical requirements
that are associated with the project.''.
SEC. 303. REPORT ON VENTURE CAPITAL ORGANIZATION.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees--
(1) assessing the current role of the venture capital
community in funding advanced homeland security technologies,
including technologies proposed by small business concerns as
defined under section 3 of the Small Business Act (15 U.S.C.
632); and
(2) providing recommendations about creating a nonprofit
organization for the purposes of delivering advanced homeland
security technologies to the homeland security community to
further its missions.
(b) Contents.--The report shall include the following:
(1) An assessment of the current awareness and insight that
the Department has regarding advanced private sector homeland
security innovation, and the Department's ability to quickly
transition innovative products into acquisitions.
(2) A description of how the Department currently finds and
works with emerging companies, particularly firms that have
never done business with the Federal Government, small
business concerns, small business concerns that are owned and
operated by women, small business concerns that are owned and
operated by veterans, and minority-owned and operated small
business concerns.
(3) An assessment and analysis of the current role that
venture capitalists play in the development of homeland
security technologies, including an assessment of how the
venture capital community could be leveraged to accelerate
technology, foster development, and introduce new
technologies needed by the homeland security community.
(4) An assessment of whether the Department could help
nascent commercial technologies mature into commercial-off-
the-shelf products the homeland security community could
acquire.
(5) An analysis of whether the Central Intelligence
Agency's In-Q-Tel organization or the Department of Defense's
OnPoint Technologies organization could serve as a model for
the development of homeland security technology at the
Department.
(6) Recommendations of the Secretary regarding how Congress
could authorize the establishment of a private, independent,
not-for-profit organization to bridge the gap between the
technology needs of the homeland security community and new
advances in commercial technology, including specifics on
potential funding levels, activities for the organization,
including the provision of technical assistance, and whether
to establish set-asides for small businesses that are
minority-owned and operated or located in socially and
economically disadvantaged areas.
(c) Use of Research and Development Center.--The Secretary
is encouraged to use a federally funded research and
development center to produce the report under this section.
(d) Authorization of Appropriations.--Of the amount
authorized by section 101, there is authorized to be
appropriated $500,000 for the report under this section.
TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS
SEC. 401. LIMITATIONS ON RESEARCH.
Section 302(a)(4), as designated by section 302, is further
amended by inserting after ``extramural programs,'' the
following: ``that, to the greatest extent possible, addresses
a prioritized risk to the homeland as identified by a risk
analysis under section 226(e) of this Act''.
SEC. 402. UNIVERSITY-BASED CENTERS.
(a) Authorization of Appropriations.--Of the amount
authorized by section 101, there is authorized to be
appropriated $40,000,000 for fiscal year 2011 and $41,200,000
for fiscal year 2012 to the Secretary to carry out the
university-based centers program of the Department.
(b) Criteria for Designation.--Section 308(b)(2)(B)(iii) (6
U.S.C. 188(b)(2)(B)(iii)) is amended by inserting before the
period at the end the following: ``, including medical
readiness training and research, and community resiliency for
public health and healthcare critical infrastructure''.
(c) Explosive Countermeasures or Detection.--Section
308(b)(2)(B)(iv) (6 U.S.C. 188(b)(2)(B)(iv)) is amended by
striking ``and nuclear'' and inserting ``nuclear, and
explosive''.
SEC. 403. REVIEW OF UNIVERSITY-BASED CENTERS.
(a) GAO Study of University-Based Centers.--Not later than
120 days after the date of 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 appropriate congressional
committees for appropriate improvements.
(b) Subject Matters.--The study under subsection (a) shall
include the following:
(1) A review of the Department's efforts to identify key
areas of study needed to support the homeland security
mission, and criteria that the Department utilized to
determine those key areas for which the Department should
maintain, establish, or eliminate university-based centers.
(2) 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, including a review of how
university-based research is identified, prioritized, and
funded.
[[Page H5764]]
(3) A review of selection criteria for designating
university-based centers and a weighting of such criteria.
(4) An examination of best practices from other agencies
efforts to organize and use university-based research to
support their missions.
(5) A review of the Department'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.
(6) 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.
(7) An assessment of the interrelationship between the
different university-based centers.
(8) A review of any other essential elements of the
programs determined in the conduct of the study.
(c) Moratorium on New University-Based Centers.--The
Secretary may not designate any new university-based centers
to research new areas in homeland security prior to the
completion of the Comptroller General's review.
SEC. 404. CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary shall support
research, development, testing, evaluation, and transition of
cybersecurity technology, including fundamental, long-term
research to improve the ability of the United States to
prevent, protect against, detect, respond to, and recover
from acts of terrorism and cyber attacks, with an emphasis on
research and development relevant to large-scale, high-impact
attacks.
(b) Activities.--The research and development supported
under subsection (a) shall include work to--
(1) advance the development and accelerate the deployment
of more secure versions of fundamental Internet protocols and
architectures, including for the domain name system and
routing protocols;
(2) improve and create technologies for detecting attacks
or intrusions, including real-time monitoring 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 systems that degrade gracefully;
(4) 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;
(5) assist the development and support of technologies to
reduce vulnerabilities in process control systems;
(6) develop and support cyber forensics and attack
attribution; and
(7) test, evaluate, and facilitate the transfer of
technologies associated with the engineering of less
vulnerable software and securing the information technology
software development lifecycle.
(c) Coordination.--In carrying out this section, the Under
Secretary shall coordinate activities with--
(1) the Under Secretary for National Protection and
Programs; and
(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, and other appropriate working groups
established by the President to identify unmet needs and
cooperatively support activities, as appropriate.
(d) Authorization of Cybersecurity Preparedness Consortium
and Training Center.--
(1) Cybersecurity preparedness consortium.--Subtitle C of
title II of the Homeland Security Act of 2002 (6 U.S.C. 121
et seq.) is amended by adding at the end the following new
section:
``SEC. 226. CYBERSECURITY PREPAREDNESS CONSORTIUM.
``(a) In General.--To assist the Secretary in carrying out
the requirements of section 404(a) of the Homeland Security
Science and Technology Authorization Act of 2010, the
Secretary may establish a consortium to be known as the
`Cybersecurity Preparedness Consortium'.
``(b) Functions.--The Consortium shall--
``(1) provide training to State and local first responders
and officials specifically for preparing and responding to
cybersecurity attacks;
``(2) develop and update a curriculum and training model
for State and local first responders and officials;
``(3) provide technical assistance services to build and
sustain capabilities in support of cybersecurity preparedness
and response;
``(4) conduct cybersecurity training and simulation
exercises to defend from and respond to cyber attacks; and
``(5) coordinate all cybersecurity preparedness training
activities conducted by the Department.
``(c) Members.--The Consortium shall consist of academic,
nonprofit, and government partners that--
``(1) have demonstrated expertise in developing and
delivering cybersecurity training in support of homeland
security;
``(2) have demonstrated ability to utilize existing courses
and expertise developed by the Department;
``(3) have demonstrated ability to coordinate with the
National Domestic Preparedness Consortium and other training
programs within the Department; and
``(4) include at least 3 academic institutions that are any
combination of historically Black colleges and universities,
Hispanic-serving institutions, or tribal colleges and
universities, that fulfill the criteria of paragraphs (1),
(2) and (3) of this subsection.
``(d) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``(2) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given that term in
section 502 of the Higher Education Act of 1965 (20 U.S.C.
1101(a)).
``(3) Tribal college or university.--The term `tribal
college or university' has the meaning given that term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).''.
(2) Clerical amendment.--Section 1(b) of such Act is
further amended by adding at the end of the items relating to
such subtitle the following new item:
``Sec. 226. Cybersecurity Preparedness Consortium.''.
(3) Cybersecurity training center.--Subtitle C of title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.)
is further amended by adding at the end the following new
section:
``SEC. 227. CYBERSECURITY TRAINING CENTER.
``The Secretary may establish where appropriate a
Cybersecurity Training Center to provide training courses and
other resources for State and local first responders and
officials to improve preparedness and response
capabilities.''.
(4) Clerical amendment.--Section 1(b) of such Act is
further amended by adding at the end of the items relating to
such subtitle the following new item:
``Sec. 227. Cybersecurity Training Center.''.
(e) Authorization of Appropriations.--Of the amount
authorized by section 101, there is authorized to be
appropriated $75,000,000 to the Department for each of fiscal
years 2011 and 2012 for the cybersecurity research and
development activities of the Directorate to prevent, detect,
and respond to acts of terrorism and other large-scale
disruptions to information infrastructure.
SEC. 405. NATIONAL RESEARCH COUNCIL STUDY OF CYBERSECURITY
INCENTIVES.
(a) Study.--Not later than 90 days after the date of
enactment of this Act, the Under Secretary and the Under
Secretary for National Protection and Programs of the
Department shall seek to enter into an agreement with the
National Research Council of the National Academy of Sciences
to conduct a study to assess methods that might be used to
promote market mechanisms that further cybersecurity and make
recommendations for appropriate improvements thereto.
(b) Subject Matters.--The study required under subsection
(a) shall include the following:
(1) Liability that subjects software and system vendors and
system operators to potential damages for system breaches.
(2) Mandated reporting of security breaches that could
threaten critical functions, including provision of
electricity and resiliency of the financial sector.
(3) Regulation that under threat of civil penalty, imposes
best practices on system operators of critical
infrastructure.
(4) Certification from standards bodies about conformance
to relevant cybersecurity standards that can be used as a
marketplace differentiation.
(5) Accounting practices that require companies to report
their cybersecurity practices and postures and the results of
independently conducted red team simulated attacks or
exercises.
(6) Cybersecurity risk insurance, including analysis of the
current marketplace and recommendations to promote
cybersecurity insurance.
(c) Submission to Congress.--Not later than two years after
the date of enactment of this Act, the Secretary shall submit
to the appropriate congressional committees the results of
the study required under subsection (a), together with any
recommendations of the Secretary related thereto.
(d) Authorization of Appropriations.--Of the amount
authorized by section 101, there is authorized to be
appropriated $500,000 to the Department for fiscal year 2011
to carry out this section.
SEC. 406. RESEARCH ON CYBER COMPROMISE OF INFRASTRUCTURE.
(a) In General.--Pursuant to section 201 of the Homeland
Security Act of 2002 (6 U.S.C. 121) and in furtherance of
domestic preparedness for and collective response to a cyber
attack by a terrorist or other person, the Secretary, working
with the heads of other national security and intelligence
agencies, shall periodically conduct research to determine if
the security of federally owned programmable electronic
devices and communication networks, including hardware,
software, and data, essential to the reliable operation of
critical electric infrastructure has been compromised.
[[Page H5765]]
(b) Scope of Research.--The scope of the research required
under subsection (a) shall include the following:
(1) The extent of any compromise.
(2) An identification of any attackers, including any
affiliations with terrorists, terrorist organizations, state
entities, and non-state entities.
(3) The method of penetration.
(4) Ramifications of any such compromise on future
operations of critical electric infrastructure.
(5) Secondary ramifications of any such compromise on other
critical infrastructure sectors and the functioning of civil
society.
(6) Ramifications of any such compromise on national
security, including war fighting capability.
(7) Recommended mitigation activities.
(c) Report.--Not later than 30 days after the date a
determination has been made under subsection (a), the
Secretary shall submit to the appropriate congressional
committees a report on the findings of such determination.
The report may contain a classified annex if the Secretary
determines it to be appropriate.
SEC. 407. DUAL-USE TERRORIST RISKS FROM SYNTHETIC GENOMICS.
(a) Sense of Congress.--It is the sense of Congress that
the field of synthetic genomics has the potential to
facilitate enormous gains in fundamental discovery and
biotechnological applications, but it also has inherent dual-
use homeland security risks that must be managed.
(b) Requirement.--The Under Secretary shall examine and
report to the appropriate congressional committees by not
later than one year after the date of enactment of this Act
on the homeland security implications of the dual-use nature
of synthetic genomics and, if the Under Secretary determines
that such research is appropriate, may conduct research in
that area, including--
(1) determining the current capability of synthetic nucleic
acid providers to effectively differentiate a legitimate
customer from a potential terrorist or other malicious actor;
(2) determining the current capability of synthetic nucleic
acid providers to effectively screen orders for sequences of
homeland security concern; and
(3) making recommendations regarding screening software,
protocols, and other remaining capability gaps uncovered by
the study.
SEC. 408. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.
(a) In General.--The Under Secretary, in consultation with
the Assistant Secretary of the Transportation Security
Administration, shall conduct a demonstration project to test
and assess the feasibility and effectiveness of certain
technologies to enhance the security of underwater public
transportation tunnels against terrorist attacks involving
the use of improvised explosive devices.
(b) Inflatable Plugs.--At least one of the technologies
tested under subsection (a) shall be inflatable plugs that
may be rapidly deployed to prevent flooding of an underwater
public transportation tunnel.
(c) Report.--Not later than 180 days after the completion
of the demonstration project under subsection (a), the Under
Secretary shall submit to the appropriate congressional
committees a report on the results of the demonstration
project.
SEC. 409. THREATS RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary, in carrying out
responsibilities under section 302 of the Homeland Security
Act of 2002 (6 U.S.C. 182), may support research,
development, testing, evaluation, and transition of
technology that increases the Nation's preparedness against
chemical and biological threats and strengthens the Nation's
preparedness and collective response against those threats
through improved threat awareness and advanced surveillance,
detection, and protective countermeasures, and to enhance the
development of border security technology.
(b) Biological Security.--To carry out subsection (a), the
Under Secretary may conduct research to develop
understanding, technologies, and systems needed to protect
against biological attacks on the Nation's population or
infrastructure, including--
(1) providing advanced planning tools, concepts of
operations (including alarm resolution protocols), and
training exercises for responding to and recovering from
biological attacks;
(2) developing biological assays and improved detection
technology that will operate with faster detection times,
lower costs, and the potential for increased geographical
coverage to the Nation when compared to existing homeland
security technologies;
(3) characterizing threats posed by biological weapons,
anticipating future threats, conducting comprehensive threat
and risk assessments to guide prioritization of the Nation's
biodefense investments, and developing population threat
assessments that inform the issuance of material threat
determinations;
(4) conducting bioforensics research in support of criminal
investigations to aid attribution, apprehension, and
prosecution of a terrorist or other perpetrator of a
biological attack, and providing tools and facilities that
Federal law enforcement investigators need to analyze
biological threat evidence recovered, including operation of
the National Bioforensic Analysis Center; and
(5) conducting appropriate research and studies that will
increase our understanding of and uncertainties associated
with risk and threats posed by biological agents through the
Biological Threat Characterization Center and other means as
determined by the Secretary.
(c) Agricultural Security.--The Under Secretary may conduct
research and development to enhance the protection of the
Nation's agriculture and food system against terrorist
attacks, and other emergency events through enhancement of
current agricultural countermeasures, development of new
agricultural countermeasures, and provision of safe, secure,
state-of-the-art biocontainment laboratories for researching
foreign animal and zoonotic diseases, including--
(1) developing technologies to defend the Nation against
the natural and intentional introduction of selected foreign
animal diseases, developing next-generation vaccines and
diagnostics in coordination with the Department of
Agriculture, and modeling the spread of foreign animal
diseases and their economic impact to evaluate strategies for
controlling outbreaks; and
(2) leading the Department effort to enhance interagency
coordination of research and development of agricultural
disease countermeasures.
(d) Chemical Security.--The Under Secretary may develop
technology to reduce the Nation's vulnerability to chemical
warfare agents and commonly used toxic industrial chemicals,
including--
(1) developing a robust and enduring analytical capability
in support of chemical countermeasures development, including
developing and validating forensic methodologies and
analytical tools, conducting risk and vulnerability
assessments based on chemical threat properties, and
maintaining infrastructure including the Chemical Security
Analysis Center;
(2) developing technology to detect a chemical threat
release; and
(3) developing technologies and guidance documents to
foster a coordinated approach to returning a chemically
contaminated area to a normal condition, and to foster
analysis of contaminated areas both before and after the
restoration process.
(e) Risk Assessments.--
(1) In general.--The Under Secretary shall produce risk
assessments for biological and chemical threats, and shall
coordinate with the Director of the Domestic Nuclear
Detection Office of the Department, the Assistant Secretary
of the Office of Health Affairs of the Department, and the
Assistant Secretary of Infrastructure Protection of the
Department on an integrated risk assessment, including
regarding chemical, biological, radiological, nuclear, and
explosive threats.
(2) Usage.--The assessments required under paragraph (1)
shall be used to inform and guide the threat assessments and
determinations by the Secretary regarding agents and toxins
pursuant to section 302(9) of the Homeland Security Act of
2002 (6 U.S.C. 182(9)), and to guide prioritization of other
homeland defense activities, as appropriate.
(3) Task force.--The Under Secretary for Science and
Technology shall convene an interagency task force of
relevant subject matter experts to assess the proposed
methodology to be used for each assessment required under
paragraph (1), and to provide recommendations to the Under
Secretary as to the adequacy of such methodology.
(f) Border Security.--The Under Secretary may develop
technology, in coordination with the Commissioner of Customs
and Border Protection, to gain effective control of the
international land borders of the United States within 5
years after the date of enactment of this Act. In carrying
out such development activities, the Under Secretary shall
ensure coordination and integration between new technologies
developed and those already utilized by U.S. Customs and
Border Protection.
SEC. 410. MARITIME DOMAIN AWARENESS AND MARITIME SECURITY
TECHNOLOGY TEST, EVALUATION, AND TRANSITION
CAPABILITIES.
(a) Global Maritime Domain Awareness and Maritime Security
Technology Test, Evaluation, and Transition Capabilities.--
(1) Establishment.--The Secretary shall establish
capabilities for conducting global maritime domain awareness
and maritime security technology test, evaluation, and
transition, as provided in this subsection.
(2) Purpose.--The purpose of such capabilities shall be
to--
(A) direct technology test, evaluation, and transition
activities in furtherance of border and maritime security;
and
(B) evaluate such technology in diverse environments
including coastal, seaport, and offshore locations.
(b) Coordination.--The Secretary, acting through the Under
Secretary, shall ensure that--
(1) technology test, evaluation, and transition efforts
funded by the Department in furtherance of border and
maritime security avoid duplication of efforts, reduce
unnecessary redundancies, streamline processes, increase
efficiencies, and otherwise complement existing Department
and other efforts in border and maritime security; and
(2) the results of such efforts are shared with the
appropriate congressional committees and others as determined
appropriate by the Secretary.
SEC. 411. RAPID BIOLOGICAL THREAT DETECTION AND
IDENTIFICATION.
(a) In General.--Notwithstanding section 302(4) of the
Homeland Security Act of 2002 (6
[[Page H5766]]
U.S.C. 182(4)), the Secretary shall require the Under
Secretary, in consultation with other relevant operational
components of the Department, to assess whether the
development of screening capabilities for pandemic influenza
and other infectious diseases should be undertaken by the
Directorate to support entry and exit screening at ports of
entry and for other purposes.
(b) Development of Methods.--If the Under Secretary
determines that the development of such screening
capabilities should be undertaken, the Secretary shall, to
the extent possible, initiate development of safe and
effective methods to rapidly screen incoming travelers at
ports of entry for pandemic influenza and other infectious
diseases.
(c) Collaboration.--In developing methods under subsection
(b), the Secretary may collaborate with other Federal
agencies, as appropriate.
SEC. 412. EDUCATING THE PUBLIC ABOUT RADIOLOGICAL THREATS.
(a) Public Awareness Campaign.--The Secretary shall develop
a public awareness campaign to enhance preparedness and
collective response to a radiological attack, including the
following:
(1) A clear explanation of the dangers associated with
radioactive materials.
(2) Possible effects of different levels of radiation
exposure, including a clear description of the how radiation
exposure occurs and the amount of exposure necessary to be of
concern.
(3) Actions that members of the public should take
regarding evacuation, personal decontamination, and medical
treatment.
(b) Recovery.--The Secretary shall develop a plan for
postevent recovery from a radiological attack. Such plan
shall include the following:
(1) A definition of the demarcation between response and
recovery from a radiological attack.
(2) Consideration of multiple attack scenarios, including a
worst-case scenario.
(3) Consideration of multiple recovery strategies,
including decontamination, demolition and removal, and
relocation.
(4) Consideration of economic, health, and psychological
effects.
SEC. 413. RURAL RESILIENCE INITIATIVE.
(a) In General.--The Under Secretary shall conduct research
intended to assist State, local, and tribal leaders and the
private sector in developing the tools and methods to enhance
preparation for, and response and resilience to, terrorist
events and other incidents.
(b) Included Activities.--Activities under this section may
include--
(1) research and implementation through outreach activities
with rural communities;
(2) an examination of how communities employ resilience
capabilities and response assets;
(3) a community resilience baseline template for
determining the resilience capacity of a rural community;
(4) a plan to address community needs for resilience;
(5) an education program for community leaders and first
responders about their resilience capacity and mechanisms for
mitigation, including via distance learning; and
(6) a mechanism by which this research can serve as a model
for adoption by communities across the Nation.
SEC. 414. SENSE OF CONGRESS REGARDING THE NEED FOR
INTEROPERABILITY STANDARDS FOR INTERNET
PROTOCOL VIDEO SURVEILLANCE TECHNOLOGY.
It is the sense of Congress that--
(1) video surveillance systems that operate over the
Internet are an emerging homeland security technology that
has the potential of significantly improving homeland
security forensic and analytical capability;
(2) to realize the full security benefits of such emerging
homeland security technology, there should be
interoperability standards for such technology;
(3) the Directorate, working with the National Institute of
Standards and Technology and any other appropriate Federal
agencies, should encourage the private sector to develop
interoperability standards for such emerging homeland
security technology; and
(4) such efforts will help the Federal Government, which is
one of the largest users of surveillance technology, in
detecting, deterring, preventing, and responding to terrorist
attacks.
SEC. 415. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS
PROGRAM.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is further amended by adding at
the end the following new section:
``SEC. 324. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS
PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Under Secretary for Science and Technology, shall establish a
fellows program, to be known as the Homeland Security Science
and Technology Fellows Program, under which the Under
Secretary shall facilitate the temporary placement of
scientists in relevant scientific or technological fields for
up to two years in components of the Department with a need
for scientific and technological expertise.
``(b) Utilization of Fellows.--
``(1) In general.--Under the Program, the Under Secretary
may employ fellows--
``(A) for the use of the Directorate of Science and
Technology; or
``(B) for the use of Department components outside the
Directorate, under an agreement with the head of such a
component under which the component will reimburse the
Directorate for the costs of such employment.
``(2) Responsibilities.--Under such an agreement--
``(A) the Under Secretary shall--
``(i) solicit and accept applications from individuals who
are currently enrolled in graduate programs, or have received
a graduate degree within 3 years prior to the time of
application in scientific and engineering fields related to
the promotion of securing the homeland, including--
``(I) biological, chemical, physical, behavioral, social,
health, medical, and computational sciences;
``(II) geosciences;
``(III) all fields of engineering; and
``(IV) such other disciplines as are determined relevant by
the Secretary;
``(ii) screen applicant candidates and interview them as
appropriate to ensure that they possess the appropriate level
of scientific and engineering expertise and qualifications;
``(iii) provide a list of qualified applicants to the heads
of Department components seeking to utilize qualified
fellows;
``(iv) pay financial compensation to such fellows;
``(v) coordinate with the Chief Security Officer to
facilitate and expedite provision of security clearances to
fellows, as appropriate; and
``(vi) otherwise administer all aspects of the fellows'
employment with the Department; and
``(B) the head of the component utilizing the fellow
shall--
``(i) select a fellow from the list of qualified applicants
provided by the Under Secretary;
``(ii) reimburse the Under Secretary for the costs of
employing the fellow selected; and
``(iii) be responsible for the day-to-day management of the
fellow.
``(c) Applications From Associations.--The Under Secretary
may accept applications under subsection (b)(2)(A) that are
submitted by science or policy associations on behalf of
individuals whom such an association has determined may be
qualified applicants under the program.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is further amended by adding at the end of
the items relating to title III the following new item:
``Sec. 324. Homeland Security Science and Technology Fellows
Program.''.
SEC. 416. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY.
(a) In General.--Title III (6 U.S.C. 181 et seq.) is
further amended by adding at the end the following new
section:
``SEC. 325. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY
PROGRAM.
``(a) In General.--To facilitate equivalent biological
threat agent identification among federally operated
biomonitoring programs, the Under Secretary, in consultation
with other relevant Federal agencies, may implement an assay
equivalency program for biological threat assays.
``(b) Features.--In order to establish assay performance
equivalency to support homeland security and public health
security decisions, the program may--
``(1) evaluate biological threat detection assays, their
protocols for use, and their associated response algorithms
for confirmation of biological threat agents, taking
performance measures and concepts of operation into
consideration; and
``(2) develop assay equivalency standards based on the
findings of the evaluation under paragraph (1).
``(c) Update.--The Under Secretary shall update the program
as necessary.
``(d) Implementation.--The Secretary shall--
``(1) require implementation of the standards developed
under subsection (b)(2) for all Department biomonitoring
programs; and
``(2) make such standards available to support all other
Federal biomonitoring programs.
``(e) Assay Defined.--In this section the term `assay'
means any scientific test that is--
``(1) designed to detect the presence of a biological
threat agent; and
``(2) of a type selected under criteria established by the
Secretary.''.
(b) Clerical Amendment.--The table of contents in section
1(b) is further amended by adding at the end of the items
relating to title III the following new item:
``Sec. 325. Biological threat agent assay equivalency program.''.
SEC. 417. STUDY OF FEASIBILITY AND BENEFIT OF EXPANDING OR
ESTABLISHING PROGRAM TO CREATE A NEW
CYBERSECURITY CAPACITY BUILDING TRACK AT
CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
(a) In General.--Within 90 days of enactment, the
Secretary, in coordination with the National Science
Foundation, shall commission a study by a nonprofit research
institution to determine the feasibility and potential
benefit of expanding the Federal Cyber Service Scholarship
for Service Program, or establishing a parallel program, as
methods to create a new cybersecurity or information
assurance capacity building track at institutions of higher
education that are not currently designated as a National
Center of Academic Excellence in Information Assurance
Education or a National Center of Academic Excellence in
Research.
(b) Subject Matters.--The study under subsection (a) shall
include examinations of the following:
[[Page H5767]]
(1) The feasibility and potential benefit of allowing the
following types of institutions into the existing Federal
Cyber Service program:
(A) Community colleges.
(B) Institutions offering an undergraduate degree, graduate
degree, or post-graduate degree, but do not qualify under the
existing program.
(C) Institutions offering a certificate or industry-
recognized credential.
(2) The feasibility and potential benefit of establishing a
new program modeled after the Federal Cyber Service program
to build capacity at--
(A) community colleges;
(B) institutions offering an undergraduate degree, graduate
degree, or post-graduate degree, but do not qualify under the
existing program; or
(C) institutions offering a certificate or industry-
recognized credential.
(3) The projected extent to which an expansion of the
existing Federal Cyber Service program as described in
paragraph (1) would--
(A) expand the availability of qualified individuals to
work in information assurance and cybersecurity within the
Department and other Federal, State, local, and tribal
agencies, and the private sector;
(B) encourage institutions of higher education to develop a
new information assurance or cybersecurity education
undergraduate degree programs, graduate degree programs, or
programs conferring a certificate or industry-recognized
credential;
(C) increase the number of students graduating annually
from existing information assurance or cybersecurity
education undergraduate degree programs, graduate degree
programs, or programs conferring a certificate or industry-
recognized credential; or
(D) improve existing information assurance or cybersecurity
education undergraduate degree programs, graduate degree
programs, or programs conferring a certificate or industry-
recognized credential.
(4) The projected extent to which the establishment of a
new program modeled after the Federal Cyber Service program
as described in paragraph (2) would--
(A) expand the availability of qualified individuals to
work in information assurance and cybersecurity within the
Department and other Federal, State, local, and tribal
agencies, and the private sector;
(B) encourage institutions of higher education to develop a
new information assurance or cybersecurity education
undergraduate degree programs, graduate degree programs, or
programs conferring a certificate or industry-recognized
credential;
(C) increase the number of students graduating annually
from existing information assurance or cybersecurity
education undergraduate degree programs, graduate degree
programs, or programs conferring a certificate or industry-
recognized credential; or
(D) improve existing information assurance or cybersecurity
education undergraduate degree programs, graduate degree
programs, or programs conferring a certificate or industry-
recognized credential.
(c) Report.--Not later than 30 days after receiving the
findings of the study, the Secretary shall transmit the
findings, together with any comments thereon by the
Secretary, to the appropriate congressional committees.
SEC. 418. SENSE OF CONGRESS REGARDING CENTERS OF EXCELLENCE.
It is the sense of Congress that centers of excellence have
the potential--
(1) to be a very useful tool in developing defensive
countermeasures to secure critical infrastructure and prevent
terrorism; and
(2) to play a key role in the Department's efforts to
research and develop new technologies to secure the homeland.
SEC. 419. ASSESSMENT, RESEARCH, TESTING, AND EVALUATION OF
TECHNOLOGIES TO MITIGATE THE THREAT OF SMALL
VESSEL ATTACK.
The Under Secretary may--
(1) assess what technologies are available to mitigate the
threat of small vessel attack in secure zones of ports,
including the use of transponders or radio frequency
identification devices to track small vessels; and
(2) conduct research, testing, and evaluation of new
technologies that might be capable of tracking small vessels.
SEC. 420. RESEARCH AND DEVELOPMENT PROJECTS.
Section 831 (6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``2010,'' and inserting
``2012,'';
(2) in subsection (a), by adding at the end the following
new paragraph:
``(3) Prior approval.--In any case in which the Under
Secretary for Science and Technology intends to exercise
other transaction authority, the Under Secretary must receive
prior approval from the Secretary after submitting to the
Secretary a proposal that includes the rationale for why a
grant or contract issued in accordance with the Federal
Acquisition Regulation is not feasible or appropriate and the
amount to be expended for such project. 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.''; and
(3) by redesignating subsection (e) as subsection (i), and
by inserting after subsection (d) the following new
subsections:
``(e) Annual Report on Exercise of Other Transaction
Authority.--
``(1) In general.--The Secretary shall submit to the
appropriate congressional committees an annual report on the
exercise of other transaction authority.
``(2) Content.--The report shall include the following:
``(A) The subject areas in which research projects were
conducted using other transaction authority.
``(B) The extent of cost-sharing for such projects among
Federal and non-Federal sources.
``(C) The extent to which use of other transaction
authority has addressed a homeland security capability gap
identified by the Department.
``(D) The total amount of payments, if any, that were
received by the Federal Government as a result of such
exercise of other transaction authority during the period
covered by the report.
``(E) The rationale for using other transaction authority,
including why grants or contracts issued in accordance with
the Federal Acquisition Regulation were not feasible or
appropriate.
``(F) the amount expended for each such project.
``(f) 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.
``(g) Review Authority.--The exercise of other transaction
authority shall be subject to review by the Comptroller
General of the United States to ensure that an agency is not
attempting to avoid the requirements of procurement statutes
and regulations.
``(h) Other Transaction Authority Defined.--In this section
the term `other transaction authority' means authority under
subsection (a).''.
SEC. 421. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
(a) In General.--The National Urban Security Technology
Laboratory (formerly the Environmental Measurements
Laboratory) is authorized within the Directorate for fiscal
years 2011 and 2012.
(b) Responsibilities.--The Under Secretary shall utilize
the National Urban Security Technology Laboratory to test,
evaluate, and analyze homeland security capabilities and
serve as a technical authority to first responders and State
and local entities, including by--
(1) conducting test programs, pilots projects,
demonstrations, and other forms of evaluations of homeland
security technologies both in the field and in the
laboratory;
(2) applying knowledge of operational end-user environments
and support for operational integration to technology
development, including--
(A) training;
(B) exercises;
(C) equipment;
(D) tactics;
(E) techniques; and
(F) procedures;
(3) representing interests and requirements between
technology developers and operational end-users; and
(4) supporting development and use of homeland security
equipment and operational standards.
SEC. 422. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY
COMMITTEE.
Section 301 of the Homeland Security Act of 2002 (6 U.S.C.
191) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) There is established within the Department a science
and technology advisory committee (in this section referred
to as the `advisory committee'). The advisory committee shall
make recommendations with respect to the activities of the
under secretary for science and technology, including--
``(1) identifying research areas of potential importance to
the security of the Nation; and
``(2) providing advice in developing and updating the
strategic plan required under section 318.''.
(2) by striking subsection (j).
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Domestic
Nuclear Detection Office of the Department--
(1) $305,840,000 for fiscal year 2011; and
(2) $315,005,000 for fiscal year 2012.
SEC. 502. DOMESTIC NUCLEAR DETECTION OFFICE OVERSIGHT.
(a) Sense of Congress.--It is the sense of Congress that
the Directorate should conduct basic and innovative research
and nondevelopmental testing on behalf of the Domestic
Nuclear Detection Office (in this section referred to as
``DNDO''), in order to advance next generation nuclear
detection technologies.
(b) Internal Review of Project Selection and Evaluation
Methodology.--Not later than 90 days after the date of
enactment of this Act, the Director of the DNDO, the Under
Secretary, and the heads of all operational components of the
Department that own, operate, or maintain nuclear or
radiological detection equipment shall begin an internal
review of the methodology by which research, development,
testing, and evaluation is identified, prioritized, and
funded within the Department.
(c) Contents of Review.--In carrying out the review under
subsection (b), the Director of the DNDO shall--
[[Page H5768]]
(1) identify the process by which basic and applied
research and operational testing that should be conducted in
concert and under agreement with the Directorate;
(2) describe the roles, responsibilities, common
definitions, standard operating procedures, and decision
process for research, development, testing, and evaluation
activities;
(3) describe and implement a transparent system for
tracking research, development, testing, and evaluation
requirements;
(4) describe and implement a mechanism to provide regular
updates to components of the Department on the progress of
such research;
(5) evaluate the degree to which needs of the operational
components of the Department and State and local first
responders are being adequately addressed by the existing
project selection process, and if not, how such process can
be improved;
(6) establish a method to collect and evaluate Department
component feedback;
(7) utilize departmental matrices and systems to determine
if technologies produced by the Directorate have enhanced the
ability of Department components to perform their missions;
(8) identify appropriate five-year levels of investment in
basic and applied research and development, in particular
among the Department laboratories, federally funded research
and development centers, university-based centers, Department
of Energy national laboratories, and other Federal
laboratories;
(9) project balance of use of the entities referred to in
paragraph (8) among the Directorate and other Department
components; and
(10) establish a formal merit review process, with external
peer review where appropriate.
(d) Report.--Not later than one year after the completion
of the review required by subsection (b), the Director of the
DNDO shall submit to the Secretary and the appropriate
congressional committees a report containing the findings of
such review, together with information on the systems,
methods, and mechanisms established, and recommendations for
additional improvements.
(e) Updates on Implementation.--One hundred and twenty days
after the date of enactment of this Act, and annually
thereafter, the Inspector General of the Department shall
submit to the appropriate congressional committees an update
on the status of implementation of this section and
activities in support of such implementation.
SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS FOR GLOBAL
NUCLEAR DETECTION ARCHITECTURE.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a report containing the following:
(1) A strategic plan for the global nuclear detection
architecture to deter and detect the transport of nuclear or
radioactive materials by all means possible, with specific
focus on establishing the goals, objectives, and cost
projections for the next five years, including a discussion
of--
(A) technological and nontechnological methods to increase
detection capabilities;
(B) the preventive nature of the global nuclear detection
architecture, including projected impact on would-be
terrorists;
(C) detection capability enhancements for the various
transportation modes, at ports of entry and between ports of
entry;
(D) balanced risk-based deployment of detection assets
across all border and other pathways; and
(E) any emerging threat vectors identified by the Director
of the Domestic Nuclear Detection Office.
(2) In consultation with the Secretary of Defense, the
Secretary of Energy, the Secretary of State, the Nuclear
Regulatory Commission, the Intelligence Community, and the
Attorney General, an analysis of overall budget allocations
that determines whether Government wide nuclear detection
resources clearly align with identified priorities to
maximize results and minimize duplication of efforts.
SEC. 504. RADIATION PORTAL MONITOR ALTERNATIVES.
(a) Sense of Congress.--It is the sense of Congress that in
view of the Secretary's decision not to certify advanced
spectroscopic portal monitors for primary screening
applications because they do not offer a significant increase
in operational effectiveness over existing technology, the
Director must attempt to identify viable alternatives.
(b) Analysis and Report.--The Director of the Domestic
Nuclear Detection Office shall analyze and report to the
appropriate congressional committees by not later than 90
days after the date of enactment of this Act on both existing
and developmental alternatives to existing radiation portal
monitors and advanced spectroscopic portal monitors that
would provide the Department with a significant increase in
operational effectiveness for primary screening for
radioactive materials.
SEC. 505. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.
(a) Findings.--Congress finds the following:
(1) The Securing the Cities Initiative of the Department
uses next generation radiation detection technology to detect
the transport of nuclear and radiological material in urban
areas by terrorists or other unauthorized individuals.
(2) The technology used by partners in the Securing the
Cities Initiative leverages radiation detection technology
used at ports of entry.
(3) The Securing the Cities Initiative has fostered
unprecedented collaboration and coordination among its
Federal, State, and local partners.
(4) The Securing the Cities Initiative is a critical
national capability to detect the dangerous introduction of
nuclear and radiological material.
(b) Authorization of Appropriations.--Of amounts authorized
by section 501, there is authorized to be appropriated to the
Director of the Domestic Nuclear Detection Office of the
Department for the Securing the Cities Initiative such sums
as may be necessary for each of fiscal years 2011 and 2012,
including--
(1) for each city in which it has been implemented by
fiscal year 2009--
(A) $20,000,000 for fiscal year 2011; and
(B) $10,000,000 for fiscal year 2012; and
(2) for additional Securing the Cities initiatives to be
implemented in not fewer than 2 sites participating in the
Urban Area Security Initiative, such sums as may be necessary
each fiscal year to implement and sustain each additional
initiative.
TITLE VI--CLARIFYING AMENDMENTS
SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
Section 305 (6 U.S.C. 184) is amended--
(1) by inserting ``(a) Establishment.--'' before the first
sentence; and
(2) by adding at the end the following new subsections:
``(b) Congressional Tasking.--Upon a request of the
chairman and the ranking minority member of an appropriate
congressional committee, a federally funded research and
development center established under this section may perform
independent analysis of homeland security issues and report
its findings to the appropriate congressional committees and
the Secretary.
``(c) Congressional Oversight.--Federally funded research
and development centers established under this section are
encouraged, upon request of the chairman and the ranking
minority member of an appropriate congressional committee, to
provide to the committee a copy of any report it produces for
the Department or any of its components.
``(d) 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 under
this section who are in a position to make or materially
influence research findings or agency decisionmaking.
``(e) Annual Reports.--Each federally funded research and
development center established under this section shall
transmit to the Secretary and appropriate congressional
committees an annual report on the activities of the
center.''.
SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTITUTE.
(a) Repeal.--Section 312 (6 U.S.C. 192) is repealed.
(b) Clerical Amendment.--The table of contents in section
1(b) is amended by striking the item relating to such
section.
SEC. 603. GAO STUDY OF THE IMPLEMENTATION OF THE STATUTORY
RELATIONSHIP BETWEEN THE DEPARTMENT AND THE
DEPARTMENT OF ENERGY NATIONAL LABORATORIES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a study to assess the implementation of the
statutory relationship between the Department and the
Department of Energy national laboratories, as established by
section 309(a)(2) of the Homeland Security Act of 2002 (6
U.S.C. 189(a)(2)); and
(2) submit recommendations to the appropriate congressional
committees for appropriate improvements to such relationship.
(b) Study Subjects.--The study shall include the following:
(1) Review of how the Department and the Department of
Energy national laboratories--
(A) communicate needs and capabilities; and
(B) select projects to be performed by the Department of
Energy national laboratories under such statutory
relationship.
(2) Review of contracting mechanisms that the Department
and the Department of Energy national laboratories use to
initiate and track work under such statutory relationship.
(3) Review of the fraction of Department of Energy national
laboratory work performed for the Department under such
statutory relationship, compared to other Department of
Energy national laboratory work performed for the Department
on a ``work for others'' basis.
(4) Review the cost savings identified by the Department
and the Department of Energy achieved through use of such
statutory relationship, compared to other Department of
Energy national laboratory work performed for the Department
on a ``work for others'' basis.
SEC. 604. TECHNICAL CHANGES.
Section 1902 of the Homeland Security Act (6 U.S.C. 592) is
amended by--
(1) striking paragraph (6); and
(2) redesignating paragraphs (7) through (14) as paragraphs
(6) through (13), respectively.
[[Page H5769]]
TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND
ELECTRONIC INFRASTRUCTURES
SEC. 701. COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC
AND ELECTRONIC INFRASTRUCTURES.
(a) Establishment.--There is established the Commission on
the Protection of Critical Electric and Electronic
Infrastructures (in this section referred to as the
``Commission'').
(b) Purposes.--
(1) In general.--The purposes of the Commission are to--
(A) assess vulnerabilities of electric and electronic
infrastructures, including--
(i) all components of the United States electric grid,
including electricity generation, transmission, distribution
and metering; and
(ii) all computerized control systems used in all United
States critical infrastructure sectors;
(B) provide a clear and comprehensive strategy and specific
recommendations for protecting these critical electric and
electronic infrastructures; and
(C) test, evaluate, and report on specific mitigation
protection and recovery devices or methods.
(2) In particular.--The Commission shall give particular
attention to threats that can disrupt or damage critical
electric and electronic infrastructures, including--
(A) cyber attacks or unintentional cyber disruption;
(B) electromagnetic phenomena such as geomagnetically
induced currents, intentional electromagnetic interference,
and electromagnetic pulses caused by nuclear weapons; and
(C) other physical attack, act of nature, or accident.
(c) Composition of Commission.--
(1) Members.--The Commission shall be composed of 9
members, of whom--
(A) 1 member shall be appointed by the Chairman of the
House of Representatives Committee on Homeland Security;
(B) 1 member shall be appointed by the ranking minority
member of the House of Representatives Committee on Homeland
Security;
(C) 1 member shall be appointed by the Chairman of the
House of Representatives Committee on Energy and Commerce;
(D) 1 member shall be appointed by the ranking minority
member of the House of Representatives Committee on Energy
and Commerce;
(E) 1 member shall be appointed by the Chairman of the
Senate Committee on Homeland Security and Governmental
Affairs;
(F) 1 member shall be appointed by the ranking minority
member of the Senate Committee on Homeland Security and
Governmental Affairs;
(G) 1 member shall be appointed by the Chairman of the
Senate Committee on Energy and Natural Resources;
(H) 1 member shall be appointed by the ranking minority
member of the Senate Committee on Energy and Natural
Resources; and
(I) 1 member who shall serve as the Chairman of the
Commission, and who shall be appointed by the Speaker of the
House of Representatives with the concurrence of the
President Pro Tempore of the Senate.
(2) Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should have
significant depth of experience in electric and electronic
infrastructures, their function, and their protection, as
well as the threats to these infrastructures as identified in
subsection (b)(2).
(3) Deadline for appointment.--All members of the
Commission shall be appointed within 30 days after the date
of enactment of this Act.
(4) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(5) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(d) Responsibilities of Commission.--The Commission shall
address--
(1) the quantification of the threats identified in
subsection (b)(2) to the United States electric and
electronic infrastructure, and a cost-benefit analysis of
possible protection and recovery strategies;
(2) the roles, missions, and structure of all relevant
Federal, State, and local government departments and agencies
with responsibilities for ensuring protection and reliability
for electric and electronic infrastructures;
(3) the roles, missions, and structure of all relevant
private sector entities with responsibilities for ensuring
protection and reliability for electric and electronic
infrastructures;
(4) inter-agency coordination between and among the
entities identified in paragraphs (2) and (3); and
(5) recommendations for protections and recovery devices
and measures.
(e) Powers of Commission.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this section,
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer
such oaths as the Commission or such designated subcommittee
or designated member may determine advisable.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, enter
into contracts to enable the Commission to discharge its
duties under this subtitle.
(3) Staff of commission.--
(A) Appointment and compensation.--The Chairman of the
Commission, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to
enable the Commission to carry out its functions, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay
fixed under this subsection may exceed the equivalent of that
payable for a position at level I of the Executive Schedule
under section 5316 of title 5, United States Code.
(B) Personnel as federal employees.--
(i) In general.--The executive director and any employees
of the Commission shall be employees under section 2105 of
title 5, United States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(ii) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(C) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(D) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position
at level I of the Executive Schedule under section 5315 of
title 5, United States Code.
(E) Security clearances.--The Chairman shall place an
emphasis on hiring and retaining employees, contractors, and
detailees with active security clearances. For employees who
do not have security clearances but are determined by the
Chairman to need them, the Central Intelligence Agency,
Department of Energy, Department of Defense, and any other
relevant agency shall expedite the necessary clearance
processes.
(F) Former emp commission staff and resources.--The
Chairman may make use of any existing and viable staff and
resources previously employed by the Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack
established by section 1401 of Public Law 106-398 (114 Stat.
1654A-345).
(4) Information from federal agencies.--
(A) In general.--The Commission may secure directly from
any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and
statistics for the purposes of this section. Each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request made by the Chairman, the chairman of any
subcommittee created by a majority of the Commission, or any
member designated by a majority of the Commission.
(B) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(5) Assistance from federal agencies.--
(A) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis and as necessary, administrative support
and other services for the performance of the Commission's
functions.
(B) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(6) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(7) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(f) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate;
(2) release public versions of the report required under
subsection (g); and
(3) conduct any public hearing in a manner consistent with
the protection of sensitive or classified information
provided to or developed for or by the Commission as required
by any applicable statute, regulation, or Executive order.
[[Page H5770]]
(g) Report.--Not later than 180 days after the appointment
of the Commission, and annually thereafter, the Commission
shall submit to the President and Congress a report
containing such findings, conclusions, and recommendations
for protection and recovery measures for electric and
electronic infrastructures as have been agreed to by a
majority of Commission members.
(h) Funding.--Of the amounts authorized by section 101,
there is authorized to be appropriated for the activities of
the Commission under this section--
(1) $4,000,000 for fiscal year 2011; and
(2) $4,000,000 for fiscal year 2012.
TITLE VIII--BORDER SECURITY TECHNOLOGY INNOVATION
SEC. 801. ENSURING RESEARCH ACTIVITIES OF THE DEPARTMENT OF
HOMELAND SECURITY INCLUDE APPROPRIATE CONCEPTS
OF OPERATION.
The Under Secretary shall ensure that any Federal
Government interagency or intra-agency agreement entered into
by the Under Secretary to develop and transition new
technology explicitly characterizes the requirements,
expected use, and concept of operations for that technology,
including--
(1) the manpower needed to effectively operate the
technology;
(2) the expected training requirements; and
(3) the expected operations and maintenance costs.
SEC. 802. REPORT ON BASIC RESEARCH NEEDS FOR BORDER AND
MARITIME SECURITY.
Not later than 6 months after the date of enactment of this
Act, the Under Secretary shall enter into an arrangement with
the National Research Council for a one-year assessment of
the basic science research needs in the border and maritime
security domain. The assessment shall include consideration
of--
(1) detection, tracking, and identification technologies
for cargo and people;
(2) personal protective equipment;
(3) document security and authentication technologies;
(4) nonradiological advanced screening technologies at
ports of entry; and
(5) technologies for real time tactical scene awareness.
SEC. 803. INCORPORATING UNMANNED AERIAL VEHICLES INTO BORDER
AND MARITIME AIRSPACE.
(a) Research and Development.--The Secretary and the
Director of the Joint Planning and Development Office shall
research and develop technologies to permit routine operation
of unmanned aerial vehicles, including autonomously piloted
drones, within the national airspace for border and maritime
security missions without any degradation of existing levels
of safety for all national airspace system users.
(b) Pilot Projects.--The Secretary shall coordinate with
the Administrator of the Federal Aviation Administration and
the Director of the Joint Planning Office to enter into pilot
projects in sparsely populated, low-density Class G air
traffic airspace to conduct experiments and collect data in
order to accelerate the safe integration of unmanned aircraft
systems into the national airspace system as part of research
activities of the Joint Planning and Development Office.
SEC. 804. ESTABLISHING A RESEARCH PROGRAM IN TUNNEL
DETECTION.
(a) Research and Development.--The Under Secretary shall
research and develop technologies to permit detection of near
surface voids, such as tunnels, with an emphasis on
technologies with real time capability.
(b) Coordination.--The Secretary shall coordinate with
other appropriate Federal agencies, including the Department
of Defense and the United States Geological Survey, and
ensure the integration of activities under subsection (a)
with relevant efforts of such other agencies and the
Department's Centers of Excellence Program.
SEC. 805. RESEARCH IN DOCUMENT SECURITY AND AUTHENTICATION
TECHNOLOGIES.
(a) Establishment of Program.--The Under Secretary, in
coordination with the Director of the National Institute of
Standards and Technology, shall conduct a research and
development program on document security, validation, and
authentication technologies and standards. The program may
include assessment or development of imitation-resistant and
tamper-resistant documentation, imitation-resistant or
tamper-resistant devices, document validation and
authentication technologies, and document identification
standards.
(b) Coordination.--In carrying out the program in
subsection (a), the Under Secretary shall coordinate with
other Federal agencies engaged in similar activities,
including Immigration and Customs Enforcement, the Department
of State, the Department of Defense, the United States Coast
Guard, and the Department of Justice.
(c) Report to Congress.--Not later than 12 months after the
date of enactment of this Act, the Under Secretary and the
Director of the National Institute of Standards and
Technology shall provide to the Committee on Homeland
Security and the Committee on Science and Technology of the
House of Representatives, and the Committee on Homeland
Security and Government Affairs of the Senate, a report
detailing the actions taken by the Under Secretary and the
Director under this section.
SEC. 806. STUDY ON GLOBAL POSITIONING SYSTEM TECHNOLOGIES.
(a) In General.--The Under Secretary shall conduct a study
of the need for next generation global positioning system
technology as it relates to border security, including--
(1) conducting an analysis of the frequency of unintended
border crossings and the capability of global positioning
system technologies to address unintended border crossings by
government personnel;
(2) undertaking an examination of the potential end user
requirements for global positioning system technologies,
including cost limitations, accessibility, and reliability;
and
(3) developing recommendations for potential near-term and
long-term research, development, testing, and evaluation of
border security-focused global positioning technologies.
(b) Consultation.--In conducting the study under subsection
(a), the Under Secretary shall consult with U.S. Customs and
Border Protection, the National Institute of Standards and
Technology and appropriate Federal, State, and local law
enforcement officials.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Under Secretary shall report to
Congress the findings of the study conducted under this
section.
SEC. 807. STUDY OF MOBILE BIOMETRIC TECHNOLOGIES AT THE
BORDER.
(a) In General.--The Under Secretary, in coordination with
the Commissioner of United States Customs and Border
Protection, shall establish a research program on the use of
mobile biometric technology at the Nation's borders between
the ports of entry, including--
(1) conducting an analysis of existing mobile biometric
technologies and the extent to which they can be deployed in
Border Patrol agents' vehicles and used at the border, in
terms of operability, reliability, cost, and overall benefit
to border operations;
(2) undertaking an examination of the potential end-user
requirements of mobile biometric technology by the Border
Patrol and other relevant end-users;
(3) developing recommendations for addressing capability
gaps in mobile biometric technologies; and
(4) examining the feasibility of implementing a pilot
program for use of mobile biometric technologies at the
border.
(b) Consultation.--In conducting the research program under
subsection (a), the Under Secretary shall consult the
National Institute of Standards and Technology, other
appropriate Federal agencies, and appropriate Federal, State,
and local law enforcement officials.
(c) Coordination.--The Secretary shall ensure that the
research program is coordinated with other biometric
identification programs within the Department.
(d) Report.--Not later than 6 months after the date of
enactment of this Act, the Under Secretary shall transmit to
Congress a report on the findings of the research program
conducted under this section.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
Of the amount authorized by section 101 of this Act, such
sums as may be necessary are authorized to be appropriated to
carry out this title.
The SPEAKER pro tempore (Mr. Deutch). Pursuant to the rule, the
gentlewoman from New York (Ms. Clarke) and the gentleman from
California (Mr. Daniel E. Lungren) each will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Ms. CLARKE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Ms. CLARKE. I yield myself such time as I may consume.
Mr. Speaker, there are hundreds of thousands of Americans who work
day in and day out to protect our communities and our Nation. They
perform a wide range of services for the country, responding to
emergencies, screening bags and cargo, watching our borders. They are
outstanding public servants, and we thank them for their service. We
know that without them we are less secure. They know that without
science and technology they can't accomplish their mission.
So today we consider H.R. 4842, to acknowledge the importance of
science and technology research, development, testing and evaluation,
to ensuring the safety and security of the American people and our
Nation.
{time} 1610
H.R. 4842, the Homeland Security Science and Technology Authorization
Act of 2010, reauthorizes the Department of Homeland Security, Science
[[Page H5771]]
and Technology Directorate, and Domestic Nuclear Detection Office
through fiscal year 2012. Since 2003, S&T has been responsible for
developing technologies to address Homeland Security capability gaps as
identified by DHS and its operational components, most notably Customs
and Border Protection, the U.S. Coast Guard, the Transportation
Security Administration, and the Federal Emergency Management Agency.
DNDO was established in 2006 to develop detection technologies for
nuclear and radiological devices, a high-consequence terrorist threat.
This bipartisan legislation reauthorizes the activities of S&T and
DNDO and puts these two DHS components on a path to greater
effectiveness and efficiency by requiring strategic plans,
benchmarking, and accountability systems.
For nearly a year, Mr. Lungren and I worked with my colleagues on the
committee to craft this bipartisan authorization bill, which would
ensure that the Department of Homeland Security Science and Technology
Directorate has the right tools available to be successful. Success in
this context means delivering products into the hands of our first
responders, law enforcement officials, or critical infrastructure
owners, to help them achieve their mission and make America more
secure.
In conducting our review, we examined the Homeland Security Act and
the Department's use of the authorities the Congress has vested in it.
We have also received insight and information from DHS leadership,
stakeholders, the R&D community, private sector leaders, and
independent analysts.
I believe that by reaching out to key stakeholders, we developed a
very good bill that will authorize important management functions and
programs within the S&T Directorate while emphasizing efficiency and
cost savings.
Within this legislation, we institutionalize the process by which
research and development is identified, prioritized, and funded within
DHS. We emphasize the importance of strategic planning and require DHS
S&T to do so every 2 years.
We establish training programs for developing technology requirements
at DHS. We authorize an Office of Testing and Evaluation designed to
prevent problems that occurred in major acquisition programs like
SBInet, the infamous virtual fence, which will help curb wasteful
spending in the Department.
We create an Office of Public-Private Partnerships and establish
within S&T a streamlined review process for unsolicited proposals. We
authorize twice the current amount of funding for cybersecurity R&D.
We explore alternatives for ASP technologies for detecting nuclear
and radiological materials, and we affirm the committee's support for
university programs and small businesses.
I look forward to discussing these and other matters with my
colleagues today.
Finally, I want to express my appreciation and thanks to our
chairman, Mr. Thompson, and Ranking Member King for their support of
this important legislation.
Mr. Lungren was very instrumental in crafting the bill, and I thank
him for working with me on it. I want to also thank the majority and
minority committee and personal office staffs for their efforts.
We often say that Homeland Security is not a partisan issue, and that
is evidenced today by this bipartisan legislation.
June 25, 2010.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, House of
Representatives, Rayburn House Office Building,
Washington, DC.
Dear Mr. Chairman: I write to you regarding H.R. 4842, the
``Homeland Security Science and Technology Authorization Act
of 2010.''
I agree that provisions in H.R. 4842 are of jurisdictional
interest to the Committee on Science and Technology. I
acknowledge that by forgoing further consideration, your
Committee is not relinquishing its jurisdiction and I will
fully support your request to be represented in a House-
Senate conference on those provisions over which the
Committee on Science and Technology has jurisdiction in H.R.
4842.
This exchange of letters will be inserted in the
Congressional Record as part of the consideration of this
legislation in the House.
I look forward to working with you on this legislation and
other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
____
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
Ford House Office Building, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the
jurisdictional interest of the Committee on Science and
Technology in H.R. 4842, the Homeland Security Science and
Technology Authorization Act of 2010.
H.R. 4842 was favorably reported by the Committee on
Homeland Security on May 18, 2010. I recognize and appreciate
your desire to bring this legislation before the House in an
expeditious manner, and, accordingly, I will waive further
consideration of this bill in Committee. However, agreeing to
waive consideration of this bill should not be construed as
the Committee on Science and Technology waiving its
jurisdiction over H.R. 4842.
Further, I request your support for the appointment of
Science and Technology Committee conferees during any House-
Senate conference convened on this legislation. I also ask
that a copy of this letter and your response be placed in the
Congressional Record during consideration of this bill on the
House floor
Thank you for your attention to this matter.
Sincerely,
Bart Gordon,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I rise in support of H.R. 4842, the Homeland Security
Science and Technology Authorization Act of 2010. It gives me great
pleasure to work with the gentlewoman in bringing forward this
authorization bill to the floor.
This bipartisan legislation reauthorizes the Science and Technology
Directorate and the Domestic Nuclear Detection Office for fiscal years
2011 and 2012, and I want to thank the chairwoman for her bipartisan
leadership on this legislation.
This process started last summer with numerous stakeholder meetings,
followed by meetings and recommendations from the Department of
Homeland Security and concluding with the recent improvements and
support of the House Science and Technology Committee. When it comes to
homeland security, there is no room for partisanship. Chairwoman Clark
and the chairman of our full committee, Chairman Thompson, working
together with Mr. King from New York, the ranking Republican on the
committee, all deserve a great deal of credit for reaching out across
the aisle to craft a more effective bill, and, I must say, it does
include provisions of importance to our Republican members.
These provisions would include the establishment of research
initiatives to bolster border and maritime security; the development of
tools to enhance resilience to terrorist attacks and other incidents,
especially in rural communities; research and testing of technologies
to help secure the border and ensure the safety of our underground mass
transit systems; as well as an assessment of how useful rapid screening
tools for influenza and other biological threats would be at our border
ports of entry.
Our bill emphasizes management and administrative reforms that target
the needs of the Science and Technology customers, those being the
Border Patrol, TSA, Coast Guard, FEMA, and ICE, by most closely
aligning the Directorate's research and development activities with
identified homeland security risks so there will be a more rapid
application of the technology to the true needs as identified by S&T's
customers.
It will improve our homeland security by establishing a more rigorous
process within the S&T Directorate for identifying, prioritizing, and
funding these important research opportunities.
It recognizes the need to prioritize research around risk and
authorizes the establishment of a Testing, Evaluation, and Standards
Division within the S&T Directorate to help ensure that technology is
properly evaluated.
So, Mr. Speaker, in order to foster closer collaboration between the
Science and Technology Directorate and commercial companies with
promising Homeland Security technologies, our bill authorizes the
Office of Public-Private Partnerships to be established within the S&T
Directorate.
[[Page H5772]]
Importantly, title VII of our legislation establishes a Commission on
the Protection of Critical Electric and Electronic Infrastructures to
assess the vulnerabilities of this infrastructure and make
recommendations for better securing this critically important
infrastructure in the future.
While we rely on the cyberworld for much of our embedded command and
control systems, perhaps it is no more important than in the area of
critical electric and electronic infrastructure, and it is our hope
that this commission will help us in the Congress to prioritize those
needs with respect to the vulnerabilities of the infrastructure and the
protection of that infrastructure.
We depend on the Science and Technology Directorate to develop state-
of-the-art technology to protect our citizens and critical
infrastructure from terrorist attacks. Timely and accurate intelligence
is always our best defense against the terror threat. However, when we
have no actionable intelligence, we must rely on the skill of our
personnel and the effectiveness of our technology in order to detect,
deter, and defend against the terrorist enemy. The better technology we
develop and deploy, the stronger, therefore, our homeland security. We
believe this legislation will help provide the necessary technology
tools to bolster our homeland defenses.
Mr. Speaker, I would also like to highlight a very important
provision in this bill that is critical to both Ranking Member King and
the security of New York City, as well as to our Nation as a whole. It
is the authorization and expansion of the Securing the Cities program.
Securing the Cities is a vital Homeland Security program to help
prevent terrorist attacks in major cities using nuclear radiological
weapons such as a dirty bomb. The program has enabled the establishment
of a network ring of radiological detectors on highways, toll plazas,
bridges, tunnels, and waterways leading into and out of New York City,
which, as we know, is perhaps the top terrorist target for al Qaeda and
affiliated terrorist organizations.
{time} 1620
The detonation of a nuclear or dirty bomb in the New York City Tri-
State area or any other major metropolitan area would inflict serious
damage to our country's economy in addition to the terrible tragedy of
the human lives involved, and it would be much like the 9/11 attacks.
Securing the Cities is a successful program that can and should be
replicated in other areas around the country. That's why language in
this bill would expand the program to at least two additional high-risk
cities where these capabilities are most needed, therefore leveraging
what we already have learned about building defenses against nuclear
and radiological weapons in New York City to erect similar security
perimeters in and around other cities.
I want to remind our colleagues that the threat of nuclear or
radiological terrorism is real. It's not just an academic exercise.
It's not just some fiction. It is real. The Weapons of Mass Destruction
Commission, the WMD Commission, warned in 2008 that an attack using a
weapon of mass destruction was likely to happen somewhere in the world
by 2013. Commissioners Graham and Talent, appearing before our
committee on April 21 of this year, repeated this warning.
The President's National Security Strategy that was released earlier
this year concluded this: ``The American people face no greater or more
urgent danger than a terrorist attack with a nuclear weapon. The
potential of nuclear or radiological terrorism is a nightmare scenario
that we must guard against with every available capability and
resource. We believe that authorizing and expanding Securing the Cities
will help protect our country, not just New York City but the entire
country, from such a danger.''
Now, let me close, Mr. Speaker, by saying that while I'm pleased we
are considering this bill today, I do believe that the House should be
considering a comprehensive authorization bill for the Department of
Homeland Security. This House has not done so since 2007, with one of
the reasons being that we, frankly, have too many committees and
subcommittees having jurisdiction over homeland security.
The 9/11 Commission recommended, in 2004, that ``Congress should
create a single, principal point of oversight review for homeland
security.'' Unfortunately, the current jurisdictional web of
congressional oversight under the Department of Homeland Security
results in conflicting guidance to the Department and is a serious
drain on its time and resources. And, Mr. Speaker, I don't say this as
a Republican criticizing the majority in the House. This was true when
the Republicans were in control. It is the remaining recommendation by
the 9/11 Commission that has not been enacted into law here by this
House.
The chairman and the vice chairman of the 9/11 Commission, Governor
Kean and Congressman Hamilton, testified that this jurisdictional maze
is unworkable, and they said it could make our country less safe. Those
are strong words, but they repeated them in their testimony before our
committee.
I hope that we can streamline congressional jurisdiction moving
forward so that Congress can enact a comprehensive authorization bill
for the Department, which, I say, has not happened since its creation
in 2003. The failure to do so jeopardizes our ability to ensure that
our Nation's homeland security policies are as robust as they need to
be to meet the evolving nature of terrorism.
I want to again thank Chairman Thompson, Chairwoman Clarke, and
Ranking Member King for all their help in crafting a very good
bipartisan bill that strengthens our homeland security capabilities,
and I would, of course, urge all my colleagues to support passage of
the bill.
Mr. Speaker, I reserve the balance of my time.
Ms. CLARKE. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Texas, the subcommittee chairwoman of the Transportation Security and
Infrastructure Protection Committee of Homeland Security, Ms. Jackson
Lee.
Ms. JACKSON LEE of Texas. I thank the gentlelady who chairs the
Subcommittee on Cybersecurity and has done an excellent job. I thank
the ranking member that shares that responsibility with her, Mr.
Lungren.
I rise today to congratulate these members for the Homeland Security
Science and Technology Authorization Act of 2010 and to make the point
that under Chairman Thompson we have, in actuality, passed more
authorization bills on our committee, and particularly those that
relate to subcommittees. The Committee on Transportation Security has
passed H.R. 2200 and is waiting for action in the Senate.
I join my friend from California and indicate that homeland security
is not a partisan issue; it is a bipartisan issue, as he has indicated.
And I join him in wondering when we can adhere to the 9/11 Commission
report and get a more single-focused review of homeland security in the
Homeland Security Committee. I hope that maybe we will have the
opportunity to work in a bipartisan manner, to work with the other
body, and to really accomplish the idea of maintaining homeland
security issues in the Homeland Security committees, both in the House
and the Senate.
This legislation shows what our committee can do under the leadership
of Chairwoman Clarke and Ranking Member Lungren to be able to establish
a roadmap for Science and Technology. After listening to the oversight
findings of the Committee on Homeland Security, the GAO, and the DHS
Inspector General, H.R. 4842 requires Science and Technology to
establish requirements for how basic and applied homeland security
research is identified, prioritized, funded, passed, and evaluated, and
emphasizes the need to prioritize research around risk.
We all know that Science and Technology really is the backbone of our
homeland security efforts. It is to keep us ahead of the terrorists who
want to do us harm. H.R. 4852 authorizes the establishment of a more
quasi-autonomous Testing, Evaluations and Standards Division within S&T
to help ensure that technology is properly evaluated.
Additionally, in an effort to foster better collaboration between S&T
and the private sector firms--most especially small firms--with
promising homeland security technologies, H.R.
[[Page H5773]]
4842 authorizes the Office of Public-Private Partnerships. I want to
congratulate the chairwoman and the ranking member on this issue.
Before my committee, the Subcommittee on Transportation Security,
many times small businesses will come before us and really act in angst
about the fact that their new technology is languishing at the
Department of Homeland Security. Now we have, because of this
legislation, the Rapid Review Division that is in charge of
establishing an accessible, streamlined system to conduct timely
reviews of unsolicited technology proposals in order to more
effectively harness the ingenuity of the American private sector in an
area where DHS continues to struggle. It is important that we do that.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. CLARKE. I yield an additional 2 minutes to Ms. Jackson Lee.
Ms. JACKSON LEE of Texas. I thank the gentlelady for her courtesy.
To be able to help our small businesses is a leap forward, and I
congratulate them for this innovative division that will help move
these technologies forward. I hope that small businesses are listening.
They now have a rapid ear under Science and Technology to listen to
them in the Department of Homeland Security.
I am very excited about handheld detectors for the Department of
Homeland Security to do rapid detection of biological threats at ports
and airports and the dual-use terrorist risks of synthetic genomics.
I think it is also important that we have enhancements to unmanned
aerial surveillance technology for safe and effective deployment for
border and maritime missions. We had a hearing on this just recently.
Many of us questioned the safety or the results-oriented work of that
unmanned aerial surveillance being used at the border. We need to have
those results, and I believe that this legislation will help us do so.
So this is a great step forward, in addition to the authorization of
$20 million for the Securing the Cities program for fiscal year 2011
and directs DNDO, in fiscal year 2012, to add at least two new cities,
based on risk, to this radiation detection program in operation in New
York City. We all know that the threat of nuclear attacks as a homeland
security threat is evident, and radiation detection is crucial for us
to be sure that we have a number of elements to assess the potential of
that kind of threat.
This legislation takes advantage of the concerns we all have of
making sure our science and technology is an integral part of defending
the homeland. I believe this legislation, H.R. 4842, takes a giant leap
forward in being part of the work that we do for defending this Nation,
the work that is done by this committee, led by Chairman Thompson and
Ranking Member King, and of course the work of this subcommittee,
Chairwoman Clarke and Ranking Member Lungren. I thank them for their
work and ask my colleagues to support this legislation, H.R. 4842.
H.R. 4842, the ``Homeland Security Science and Technology
Authorization Act of 2010'' reauthorizes the Department of Homeland
Security's (DHS) Science and Technology Directorate (S&T) and Domestic
Nuclear Detection Office (DNDO) through 2012, and puts these two DHS
components on a path to greater effectiveness and efficiency by
requiring strategic plans, milestones, and accountability systems.
This bipartisan legislation was introduced by the Committee on
Homeland Security's Subcommittee on Emerging Threats, Cybersecurity,
Science and Technology Chairwoman Yvette Clarke and Ranking Member Dan
Lungren.
In advance of floor consideration, the Committees on Homeland
Security and Science and Technology collaborated extensively on this
legislation and worked together to deliver a bill with the bipartisan
support of both committees.
Since 2003, S&T has been responsible for developing technologies to
address homeland security capability gaps, as identified by DHS and its
operational components--Customs and Border Protection (CBP), the U.S.
Coast Guard (USCG), the Transportation Security Administration (TSA),
Immigration and Customs Enforcement (ICE), Infrastructure Protection
(IP), and the Federal Emergency Management Agency (FEMA).
DNDO was established in 2006 to develop detection technologies for
nuclear and radiological devices--a high-consequence terrorist threat.
H.R. 4842 takes a two-layered approach to authorizing S&T and DNDO:
an overarching approach aimed at creating more accountability and
effective management of each component; and a more targeted approach
focused on specific programs and activities.
In response to oversight findings of the Committee on Homeland
Security, the Government Accountability Office, and the DHS Inspector
General, H.R. 4842 requires S&T to establish requirements for how basic
and applied homeland security research is identified, prioritized,
funded, tasked, and evaluated and emphasizes the need to prioritize
research around risk.
H.R. 4842 authorizes the establishment of a more quasi-autonomous
Testing, Evaluations and Standards Division within S&T to help ensure
that technology is properly evaluated.
Additionally, in an effort to foster better collaboration between S&T
and private sector firms--most especially small firms--with promising
homeland security technologies, H.R. 4842 authorizes the Office of
Public-Private Partnerships. Within this office, the Rapid Review
Division is charge with establishing an accessible, streamlined system
to conduct timely reviews of unsolicited technology proposals in order
to more effectively harness the ingenuity of the American private
sector, an area where DHS continues to struggle.
With respect to specific programs, H.R. 4842 directs S&T to work
towards giving DHS new tools to address the threat of terrorism and
enhance homeland security by conducting researching and development
regarding: Mobile biometric technologies for deployment at the border
(Sec. 807), technology to enhance detection of border tunnels
(Sec.804), and utilization of global positioning satellite systems for
detection of unauthorized border crossings (Sec. 806);
Hand-held detectors for DHS to do rapid detection of biological
threats at ports and airports (Sec. 411) and the dual-use terrorist
risks of synthetic genomics (Sec. 407);
Maritime domain awareness enhancements (Sec. 410), technologies to
improve the security of underwater public transportation tunnels
against explosives (Sec. 408), and technologies to mitigate the threat
of small vessel attack (Sec. 419);
Cyber compromises to federally-owned networks and devices that are
essential to the reliable operation of critical infrastructure (Sec.
406);
Enhancements to unmanned aerial surveillance technology for safe and
effective deployment for border and maritime missions (Sec. 803); and
Technologies to strengthen document security and authentication (Sec.
805).
H.R. 4842 requires S&T to give particular attention to the border
security mission. Specifically, the Homeland Security Science and
Technology Authorization Act of 2010 authorizes S&T, in coordination
with CBP, to pursue research and development to improve effective
control of the international land borders of the United States within 5
years (Sec. 409).
In addition to the S&T directorate, H.R. 4842 reauthorizes the DNDO.
Important provisions regarding this vital agency include:
Language to codify in statute the movement of basic and
transformational nuclear and radiological research and development
activities to S&T;
Requirements for strategic planning, milestones, and accountability
in place at DNDO that are parallel to the requirements for S&T;
Authorization of $20 million for the Securing the Cities program for
fiscal year 2011 and directs DNDO, in fiscal year 2012, to add at least
two new cities, based on risk, to this radiation detection program in
operation in New York City. (The House approved H.R. 2611, which
authorized the Securing the Cities program on January 20, 2010.)
Authorization of Appropriations
S&T--$1.12 billion for fiscal year 2011 ($12 million over the
President's request to restore funding for the University Programs) and
$1.15 billion for fiscal year 2012 (3% increase over the 2011 level).
DNDO--$305.8 million for fiscal year 2011 (President's request) and
$315 million for fiscal year 2012 (3% increase over 2011 level).
Mr. DANIEL E. LUNGREN of California. I continue to reserve the
balance of my time.
Ms. CLARKE. Mr. Speaker, I yield 3 minutes to the gentleman from
Oregon (Mr. Wu), who is a leader on the Science and Technology
Committee, who worked very closely with our committee to make this
legislation a reality. We want to thank him for his leadership in that
regard.
{time} 1630
Mr. WU. I thank the gentlewoman for her kind comments.
I rise in support of the Homeland Security Science and Technology
Authorization Act of 2010, which reauthorizes
[[Page H5774]]
the activities of the Science and Technology Directorate and the DNDO
at the Department of Homeland Security.
As the chair of the Science and Technology Committee's Subcommittee
on Technology and Innovation, I very much appreciate the important role
that technology plays in empowering DHS to carry out its very, very
important mission. The Science and Technology Directorate is
responsible for ensuring that those who are responsible for keeping us
safe have the best tools and the most up-to-date technologies to get
their job done.
Over the last year and a half, my subcommittee, the Technology and
Innovation Subcommittee, has held multiple hearings on the work being
carried out by the Science and Technology Directorate and the DNDO.
Through these hearings, we were able to identify critical areas where
the directorate could use new tools or, in some cases, new direction to
help it achieve its mission effectively and efficiently.
I look forward to working with the Homeland Security Committee to
address some of the issues that arose during my subcommittee's
hearings, particularly those relating to the public's acceptance of new
technologies.
For example, I remain very concerned about TSA's decision to spend
hundreds of millions of dollars to deploy full-body scanners in
airports across the country without fully understanding the potential
reluctance of the public to accept these technologies. This research
into acceptance should be done before purchase to avoid wasting
taxpayer money.
I want to thank Chairman Thompson, Chairwoman Clarke, Ranking Member
King, and Ranking Member Lungren for their work on this important
legislation.
I am pleased that our committees were able to work together over the
last couple of months to craft this important bipartisan legislation,
and I hope that this reauthorization bill will improve the way the
Department sets priorities for its research and involves the end users
of equipment to ensure that new technology is actually deployable and
usable in the field. This has been a gaping shortfall to date.
The reauthorization bill we are considering today takes important
steps forward in improving the research and development conducted by
DHS, and I look forward to having the Science and Technology Committee
work with the chairwoman's subcommittee in exercising our oversight and
in continuing to improve the vital research capacity at the Department
of Homeland Security.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield 2 minutes
to a very valuable member of our committee, the gentleman from Ohio
(Mr. Austria).
Mr. AUSTRIA. I thank the gentleman from California for yielding.
Mr. Speaker, I rise in support of H.R. 4842, the Homeland Security
Science and Technology Authorization Act of 2010. This bipartisan
legislation is the first authorization bill for the Science and
Technology Directorate of the Department of Homeland Security since the
Department was created in 2002.
The Science and Technology Directorate is a critical component within
the Department of Homeland Security as it works in collaboration with
national laboratories, universities and other public and private
entities to develop the technologies needed to address our Nation's
security needs.
The Homeland Security Committee included an important amendment to
this bill. It would add ``medical readiness and community resiliency
for health care critical infrastructure'' to the existing criteria for
the university-based Homeland Security Centers of Excellence program.
In bringing together leading experts and researchers in university-
based settings, the Centers of Excellence program has been successful
in facilitating the development of homeland security solutions.
While this program does a good job in strengthening the use of
technology and the role of our first responders, such as law
enforcement officers, firefighters and EMTs, when it comes to
recovering from and responding to a man-made or natural disaster, it
currently lacks a distinct focus on medical readiness and community
resiliency for existing health care critical infrastructure.
First responders and medical care providers are critical to our
Nation's ability to recover from a terrorist attack or from a natural
disaster, and they deserve our support and the support of the
Department of Homeland Security. In adding medical readiness to the
criteria for the university-based Homeland Security Centers of
Excellence program, this gap will be addressed, further advancing our
country's homeland security initiatives.
Again, I strongly support this important and much needed piece of
legislation.
I would like to thank Chairwoman Clarke and Ranking Member Lungren
for their hard work as well as Chairman Thompson and Ranking Member
King.
Ms. CLARKE. Mr. Speaker, I reserve the balance of my time.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I would just like
to say in my remaining time that I hope that this is a unanimous vote
in support of this legislation. It gives a framework to the S&T
directorate, and it is an assertion of the proper jurisdiction of this
committee and of this House, and I do believe this moves us in the
right direction.
I have no further requests for time, and I yield back the balance of
my time.
Ms. CLARKE. I yield myself such time as I may consume.
Mr. Speaker, I urge my colleagues to support this important Homeland
Security legislation. This legislation authorizes a program that has
been very instrumental in keeping the City of New York and its environs
safe, and that is securing the city. This initiative has proven to be
an effective tool, and we are looking forward to a whole range of other
important R&D programs to come forth as a result of this
reauthorization. Securing the city should be expanded and will be
expanded through this authorization to other environs throughout this
Nation that could use that level of security through our efforts, as
has been the case with securing the cities.
So I am urging my colleagues, once again, to make sure that this
authorization passes.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise today in strong
support of H.R. 4842, the ``Homeland Security Science and Technology
Authorization Act of 2010.''
This bill authorizes the Department of Homeland Security's Science
and Technology Directorate, S&T, and Domestic Nuclear Detection Office,
DNDO, through fiscal year 2012.
Introduced by Representatives Yvette Clarke and Dan Lungren--the
Chairwoman and Ranking Member of the Committee's Emerging Threats,
Cybersecurity, and Science and Technology Subcommittee--H.R. 4842 seeks
to strengthen our homeland security by ensuring more effective
research, development, testing, and evaluation activities.
As Chairman of the Homeland Security Committee, I strongly believe
that recurring authorizations are important mechanisms to effectuate
oversight findings and help steer an agency on the right course.
This legislation represents the first reauthorization of S&T--which
was authorized in 2002--and DNDO--which was established in 2006.
Taking into account the Committee's extensive oversight findings as
well as findings of GAO, the Inspector General, and the National
Academy of Sciences, H.R. 4842 directs DHS to put robust management,
administration, and programmatic systems in place at S&T and DNDO.
Specifically, to foster greater alignment between S&T research and
the needs of DHS' operational components--such as TSA, CBP, and the
Coast Guard--H.R. 4842 directs the establishment of rigorous processes
within S&T for identifying, prioritizing, and setting requirements for
research opportunities.
The bill also recognizes that, in order to conduct the best research,
we need the best people.
H.R. 4842 contains advanced professional development provisions and
creates fellowship opportunities for new scientists and engineers to
bring their skills to DHS.
H.R. 4842 also takes into account that innovation is often fueled by
the private sector and that the challenging and evolving nature of the
terrorist threat demands closer collaboration between S&T and the
private sector.
Accordingly, in an effort to improve collaboration between S&T and
the private sector, H.R. 4842 authorizes an office of Public-Private
Partnerships and, within the office, establishes a ``Rapid Review
Division'' to evaluate technological proposals and provide feedback
within 60 days.
A common concern that I hear from firms with novel homeland security
technologies is
[[Page H5775]]
that they do not know who to contact at S&T to pursue research
opportunities and that they cannot seem to get anyone at S&T to look at
their technologies.
Establishment of this new review division will go a long way to
improving collaboration and innovation.
Further, H.R. 4842 directs DHS to evaluate whether establishing a
venture capital program--modeled after the Defense Department's InQtel
program--could facilitate swifter development of homeland security
technologies.
H.R. 4842 also authorizes several specific programmatic areas for
research including: mobile biometric technologies for deployment at the
border; enhanced detection of border tunnels; hand-held detectors for
DHS to do rapid detection of biological threats at ports and airports;
technologies to mitigate the threat of small vessel attack; research to
assess the extent of cyber compromises to federally-owned networks and
devices; and enhancements to unmanned aerial surveillance technology
for safe and effective deployment for border and maritime missions.
From the very beginning, H.R. 4842 was developed in an open,
collegial, and bipartisan manner.
The Full Committee favorably reported H.R. 4842--which authorizes
$2.3 billion to S&T and $620 million to DNDO through 2012--by a
unanimous vote of ``26 to 0''.
H.R. 4842 also reflects collaboration between my Committee and the
Committee on Science and Technology.
I would like to thank Chairman Bart Gordon and Ranking Member Ralph
Hall for their contributions to the bill and for working with us to get
H.R. 4842 to the floor today.
I think our process has proven that the barriers of partisanship and
jurisdiction can be overcome when we put the good of the country first.
Finally, I would like to thank Under Secretary for Science and
Technology Tara O'Toole, and the Acting Director of the Domestic
Nuclear Detection Office Bill Hagan, as well as the dozens of
stakeholders who took the time to give their input, as we worked
through the process of developing this bill.
Again, I congratulate Representatives Clarke and Lungren on their
solid work steering this important homeland security bill and urge my
colleagues to support H.R. 4842.
Ms. CLARKE. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Ms. Clarke) that the House suspend the rules
and pass the bill, H.R. 4842, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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