[House Report 111-486]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-486
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
HOMELAND SECURITY SCIENCE AND TECHNOLOGY AUTHORIZATION ACT OF 2010
_______
May 18, 2010.--Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 4842]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred 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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 24
Background and Need for Legislation.............................. 24
Hearings......................................................... 25
Committee Consideration.......................................... 26
Committee Votes.................................................. 29
Committee Oversight Findings..................................... 29
New Budget Authority, Entitlement Authority, and Tax Expenditures 31
Congressional Budget Office Estimate............................. 31
Statement of General Performance Goals and Objectives............ 32
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 33
Federal Mandates Statement....................................... 33
Advisory Committee Statement..................................... 33
Constitutional Authority Statement............................... 33
Applicability to Legislative Branch.............................. 33
Section-by-Section Analysis of the Legislation................... 33
Changes in Existing Law Made by the Bill, as Reported............ 49
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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. Peer 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.
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.
TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND
ELECTRONIC INFRASTRUCTURES
Sec. 701. Commission on the Protection of Critical Electric and
Electronic Infrastructures.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means the Committee on
Homeland Security 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.--Subtitle D of title II (6 U.S.C. 161 et seq.) is
amended--
(1) in the subtitle heading, by striking ``Office of'';
(2) in the heading for section 231, by inserting ``OF SCIENCE
AND TECHNOLOGY'' after ``OFFICE''; and
(3) by adding at the end the following new sections:
``SEC. 238. RESEARCH PRIORITIZATION AND REQUIREMENTS.
``(a) Requirement.--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, 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--
``(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
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 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;
``(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; and
``(C) establishing a mechanism to publicize the
Department's funded and unfunded homeland security
technology priorities; and
``(6) 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) 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
239(a)(2);
``(2) establish a system to collect feedback from customers
of the Directorate on the performance of the Directorate, that
includes metrics for measuring customer satisfaction and the
usefulness of any technology or service provided by the
Directorate; and
``(3) any other activities that the Secretary considers to be
necessary to implement the requirements.
``(d) Quarterly Updates on Implementation.--One hundred and twenty
days after the date of enactment of this section, and on a quarterly
basis thereafter, the Inspector General of the Department shall submit
a quarterly 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 Analysis.--In carrying out subsection (b)(2), 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, 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 analysis;
``(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;
``(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;
``(D) recommendations for how the Directorate should
modify or amend its research and development activities
in order to reduce the risks to the homeland identified
under subparagraph (A);
``(E) 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; and
``(F) a description of input from other relevant
Federal, State, or local agencies and relevant private
sector entities in conducting the risk analysis
required by subparagraph (A); and
``(2) conduct research and development on ways to most
effectively communicate information regarding the risks
identified under paragraph (1) 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 the corresponding risk analysis
performed by the Department that supports the decision
to undertake that activity; and
``(B) describe the 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. 239. PROFESSIONAL DEVELOPMENT.
``(a) Reporting Requirement.--Sixty days before establishing the
mandatory workforce program as required by section 238(c)(1), 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) An assessment of whether Department employees receive
adequate and appropriate job training 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 238(c)(1), 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. 240. TRACKING SYSTEMS, RESEARCH MILESTONES, AND CUSTOMER
FEEDBACK.
``(a) In General.--In establishing a system to collect feedback under
section 238(c)(2), the Secretary shall--
``(1) establish a system to monitor and account for homeland
security research milestones;
``(2) 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; and
``(3) establish standards and performance measures to be met
by the Directorate in order to provide high-quality customer
service.
``(b) System.--The system established under subsection (a)(1) shall
identify and account for research milestones to monitor the progress of
Directorate of Science and Technology research, development, testing,
and evaluation activities, and collect information from the
Directorate's customers about their level of satisfaction with the
performance of the Directorate, including by--
``(1) allowing the Directorate to provide regular reports to
its customers regarding the status and progress of research
efforts of the Directorate;
``(2) collecting and evaluating customer feedback;
``(3) allowing 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) allowing the Secretary to report the number of products
and services developed by the Directorate that have been
transitioned into acquisition programs.
``(c) Guidance.--The Under Secretary for Science and Technology shall
publicize and implement guidance for homeland security researchers
funded by the Directorate on setting valid initial and subsequent
research milestones.
``(d) Report.--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 this section identifying what actions have been taken to
carry out the requirements of this section; and
``(2) annually thereafter describing--
``(A) research milestones for each large project with
a Federal cost share greater than $80,000,000 that has
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. 238. Research prioritization and requirements.
``Sec. 239. Professional development.
``Sec. 240. Tracking systems, research milestones, and customer
feedback.''.
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
independent and objective 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 development and adoption of
voluntary standards 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. PEER 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 peer review of research and development
projects, including by--
``(A) consulting with experts, including scientists
and practitioners, about the research and development
conducted by the Directorate of Science and Technology;
and
``(B) performing ongoing independent, external,
scientific peer 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 projects are peer reviewed, 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, along with any
business and technical reviews, to the Director of the Homeland
Security Advanced Research Projects Agency and appropriate
Department components 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.) is amended by
adding at the end the following new section:
``SEC. 318. 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) is
amended by adding at the end of the items relating to title III the
following new item:
``Sec. 318. 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
of this subsection, and biannually thereafter, the Under
Secretary shall, for each project having a Federal cost share
greater than $80,000,000 that is conducted or funded by the
Directorate of Science and Technology, provide to the
appropriate congressional committees a list of detailed
operational and technical requirements that are associated with
the project.
``(2) Large projects.--Within 90 days after the date of
enactment of this subsection, and biannually thereafter, the
Secretary shall, for each project conducted or funded by a
component of the Department, other than the Directorate of
Science and Technology, 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 $500,000 for the report.
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 key areas of study needed to support the
homeland security mission, and criteria that should be 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.
(3) A review of selection criteria for designating
university-based centers and a weighting of such criteria.
(4) An examination of the optimal organization and role of
the university-based centers in supporting the mission of the
Directorate and the Department components.
(5) An identification of the most appropriate review 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 conduct research and
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.
(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 of Homeland Security 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 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 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. 319. 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 or
who are graduates of post-graduate programs 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. 319. 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. 320. 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 the Director of the Centers for
Disease Control and Prevention, 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. 320. 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:
(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 of Homeland Security.
``(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.
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 shall begin an internal review of
the methodology by which research, development, testing, and evaluation
is identified, prioritized, and funded by the DNDO. In conducting such
review, the Director shall consult with the Under Secretary and the
heads of all operational components of the Department that own,
operate, or maintain nuclear or radiological detection technologies.
(c) Contents of Review.--In carrying out the review under subsection
(b), the Director of the DNDO shall--
(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 Governmentwide 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 120 days 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 of the cost savings to 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.
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 be United States
citizens, with 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.
(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.
Purpose and Summary
The purpose of H.R. 4842 is to authorize the Directorate of
Science and Technology of the Department of Homeland Security
for fiscal years 2011 and 2012.
Background and Need for Legislation
Congress authorized the Science and Technology Directorate
in the Homeland Security Act of 2002. The Domestic Nuclear
Detection Office was authorized by the Security and
Accountability For Every Port Act of 2006. Over the years, the
Committee on Homeland Security has considered measures
affecting both components, but has never passed a
comprehensive, multi-year authorization like H.R. 4842.
In March 2009, on a bipartisan basis, the Committee on
Homeland Security began a review of the activities of the
Department's Science and Technology Directorate and Domestic
Nuclear Detection Office. The Homeland Security Act broadly
authorizes the Under Secretary for Science and Technology to
conduct research, development, testing, and evaluation
activities for the Department, utilizing national laboratories
and federally funded research and development centers, and
specifically transfers a number of functions to the Under
Secretary for the purposes of achieving his or her
responsibilities. In reviewing the Department's use of these
authorities, the Committee determined that accountability and
internal procedures, essential to the Department's ability to
perform its research and development mission, were
insufficient.
The Homeland Security Science and Technology Authorization
Act of 2010 addresses management, administration, and
programmatic areas affecting the Science and Technology
Directorate (``S&T'') and the Domestic Nuclear Detection Office
(``DNDO''). The legislation principally emphasizes management
and administrative aspects. To foster a culture that puts the
needs of S&T's customers at the forefront, and more closely
align research and development activities with identified
homeland security risks, the legislation directs the
establishment of a more rigorous process within the S&T
Directorate for identifying, prioritizing, and funding research
opportunities. The legislation places a number of additional
reporting requirements on the Department to ensure compliance
with the law and Congressional intent. The legislation contains
several specific programmatic areas for research.
Hearings
No specific legislative hearing was held on H.R. 4842,
though the Committee did hold related oversight hearings.
On March 3, 2010, the Committee's Subcommittee on Emerging
Threats, Cybersecurity, Science and Technology held an
oversight hearing entitled ``The Department of Homeland
Security's Science and Technology Directorate.'' The
Subcommittee received testimony from Dr. Tara O'Toole, Under
Secretary for Science and Technology at the Department of
Homeland Security. During the hearing, Under Secretary O'Toole
expressed support for concepts contained within the Committee's
legislation.
On July 21, 2009, the Committee's Subcommittee on Emerging
Threats, Cybersecurity, and Science and Technology held a
hearing entitled ``Securing the Modern Electric Grid from
Physical and Cyber Attacks.'' The Subcommittee received
testimony from Dr. William Graham, Chair, Commission to Assess
the Threat to the United States from Electromagnetic Pulse; Mr.
Mark Fabro, President and Chief Security Scientist, Lofty
Perch; Mr. Michael Assante, Chief Security Officer, North
American Electric Reliability Corporation; Mr. Steve Naumann,
Vice President of Wholesale Markets, Representing Edison
Electric Institute and Electric Power Supply Association; Mr.
Joe McClelland, Director of Reliability, Federal Energy
Regulatory Commission; Ms. Patricia Hoffman, Acting Assistant
Secretary, Office of Electricity Delivery and Energy
Reliability; Mr. Sean McGurk, Director, Control Systems
Security Program, Department of Homeland Security; and Ms. Cita
Furlani, Director, Information Technology Laboratory, National
Institute of Standards and Technology.
On June 9, 2009, the Committee's Subcommittee on Emerging
Threats, Cybersecurity, Science and Technology held an
oversight hearing entitled ``The FY 2010 Budget for the
Directorate for Science & Technology, the Office of Health
Affairs, and the Domestic Nuclear Detection Office.'' The
Subcommittee received testimony from Mr. Brad Buswell, Acting
Under Secretary for Science and Technology, Chuck Gallaway,
Acting Director of the Domestic Nuclear Detection Office, and
Dr. John Krohmer, Acting Assistant Secretary and Chief Medical
Officer, Office of Health Affairs. The testimony of these
individuals helped establish the Committee's legislative
priorities for the Science and Technology Directorate and the
Domestic Nuclear Detection Office.
Committee Consideration
On March 16, 2010, the Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology considered H.R. 4842
and ordered the measure to be forwarded to the Full Committee
for consideration, with the recommendation that it be adopted,
by voice vote.
The Subcommittee took the following actions:
The Subcommittee adopted H.R. 4842, as amended, by voice
vote.
The following amendments were offered:
An amendment offered by Mr. Austria to H.R. 4842,
(#1), In section 402--(1) before the text insert ``(a)
Authorization of Appropriations.--''; and (2) add at the end
the following new subsection entitled ``(b) Criteria for
Designation.''; was AGREED TO by voice vote.
An amendment offered by Ms. Kilroy to H.R. 4842, (#2),
In section 404(b), strike ``and'' after the semicolon at the
end of paragraph (5), and insert after paragraph (5) the
following new paragraph (and redesignate accordingly): (6)
develop and support cyber forensics and attack attribution;
and; was AGREED TO by voice vote.
An amendment offered by Ms. Sanchez to H.R. 4842,
(#3), In section 405(b)(2), strike ``critical societal
functions'' and insert ``critical functions, including
provisions of electricity and resiliency of the financial
sector''. In section 405(b)(6) before the period insert ``,
including analysis of the current marketplace and
recommendations to promote cybersecurity insurance''.; was
AGREED TO by voice vote.
An amendment offered by Mr. Lujan to H.R. 4842, (#4),
At the end of title IV add a new section entitled ``Sec. _. GAO
Study of the Implementation of the special statutory
relationship between the Department and the Department of
Energy National Laboratories.''; was AGREED TO by voice vote.
The Committee on Homeland Security considered H.R. 4842 on
April 15, 2010, and ordered H.R. 4842 to be favorably reported
to the House, as amended, by a recorded vote of 26 yeas and 0
nays (Roll Call Vote No. 23).
The Committee adopted H.R. 4842, as amended, by voice vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by
Mr. Thompson to H.R. 4842, (#1); was AGREED TO by voice vote.
A unanimous consent request to adopt amendments
numbered #1A through #1P, as amended, where applicable,
was agreed to.
An Amendment offered by Ms. Titus to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1A); Page 16,
line 24, before the semicolon insert ``, 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.''; was AGREED TO by unanimous consent.
An Amendment offered by Mr. Cao to the Amendment in
the Nature of a Substitute to H.R. 4842, (#1B); At the end of
title IV add a new section entitled ``Sec. _. Homeland Security
Science and Technology Fellows Program.''; was AGREED TO by
unanimous consent.
An Amendment offered by Mr. Owens to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1C); Page 23,
strike ``and'' after the semicolon at line 5, strike the period
at line 8 and insert ``and'', and after line 8 and insert a new
clause: (v) in reviewing proposals submitted to the Secretary,
shall 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).; was AGREED TO by unanimous
consent.
An Amendment offered by Mr. Olson to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1D); At the end
of title IV add a new section entitled ``Sec. _ Biological
Threat Agent Assay Equivalency.''; was AGREED TO by unanimous
consent.
An Amendment offered by Ms. Kirkpatrick to the
Amendment in the Nature of a Substitute to H.R. 4842, (#1E); At
the end of title IV add a new section entitled ``Sec. _. Study
of Feasibility and Benefit of Expanding or Establishing Program
to Create a New Cybersecurity Capacity Building Track at
Certain Institutions of Higher Education.''; was AGREED TO by
unanimous consent.
An Amendment offered by Mr. Souder to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1F); Section 409
is amended with the following: Page 40, line 10--strike the
``.'' and insert `` , and to enhance the development of border
security technology.'' and by adding a new subsection entitled
``(f) Border Security.''; was AGREED TO by unanimous consent.
An Amendment offered by Ms. Harman to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1G); At the end
of title IV add a new section entitled ``Sec. _. Sense of
Congress Regarding Centers of Excellence.''; was AGREED TO by
unanimous consent.
An Amendment offered by Ms. Harman to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1H); At the end
of title IV add a new section entitled ``Sec. _. Assessment,
Research, Testing, and Evaluation of Technologies to Mitigate
the Threat of Small Vessel Attack.''; was AGREED TO by
unanimous consent.
An Amendment offered by Mr. McCaul to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1I); In Section
404 ``Cybersecurity and Research and Development'', insert a
new subsection (d) entitled ``Authorization of Cybersecurity
Preparedness Consortium and Training Center.''; was AGREED TO,
as amended, by unanimous consent.
An Amendment offered by Ms. Jackson Lee to the
Amendment offered by Mr. McCaul (#1I) to the Amendment in the
Nature of a Substitute to H.R. 4842, (#1I1); In proposed
section 226(c), in paragraph (3) after ``Department'' strike
the period and insert ``: and'' and after paragraph (3) insert
a new paragraph (4) At the end of the proposed section 226, add
a new subsection entitled ``(d) Definitions.''; was AGREED TO
by unanimous consent.
An Amendment offered by Mr. McCaul to the Amendment in
the Nature of a Substitute to H.R. 4842, (#1J); At the end of
title IV add a new section entitled ``Sec. _. Research and
Development Projects.''; was AGREED TO by unanimous consent.
An Amendment offered by Mr. McCaul to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1K); At the end
of title II, section 202, insert a new section entitled ``(7)
Evaluation of Department of Defense Technologies''.; was AGREED
TO by unanimous consent.
An Amendment offered by Ms. Clarke to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1L); At the end
of title IV add a new section entitled ``Sec. _. National Urban
Security Technology Laboratory.''; was AGREED TO by unanimous
consent.
An Amendment offered by Ms. Jackson Lee to the
Amendment in the Nature of a Substitute to H.R. 4842, (#1M);
Page 21, line 4, before ``provide'' insert ``engage and
initiate proactive outreach efforts and''.; was AGREED TO by
unanimous consent.
An Amendment offered by Ms. Jackson Lee to the
Amendment in the Nature of a Substitute to H.R. 4842, (#1N);
Page 37, strike line 17 and insert the following: (2) An
identification of any attackers, including any affiliations
with terrorists, terrorist organizations, state entities and
non-state entities.; was AGREED TO by unanimous consent.
An Amendment offered by Ms. Jackson Lee to the
Amendment in the Nature of a Substitute to H.R. 4842, (#1O);
Page 33, beginning at line 17, strike ``including monitoring
technologies'' and insert ``including real-time monitoring and
real-time analytic technologies''; Page 33, line 20, strike
``for'' and insert ``and policies for real-time'' after
``techniques for''; Page 33, line 21, insert a comma after
``attacks''.; was AGREED TO by unanimous consent.
An Amendment offered by Mr. Cuellar to the Amendment
in the Nature of a Substitute to H.R. 4842, (#1P); Page 13,
line 19, strike the period and insert ``including through
randomized sampling, focus groups, and other methods as
appropriate.''. Page 13, strike ``and'' after the semicolon at
line 15, strike the period at line 19 and insert ``; and'', and
after line 19 insert the following new paragraph: ``(3)
establish standards and performance measures to be met by the
Directorate in order to provide high-quality customer
service.'' Page 15, line 10, after ``collected'' insert ``and
the success of the Directorate in meeting the customer service
performance and standards''.; was AGREED TO by unanimous
consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
The Subcommittee on Emerging Threats, Cybersecurity, and
Science and Technology considered H.R. 4842 on March 16, 2010,
no recorded votes were requested during the Subcommittee
consideration.
The Full Committee considered H.R. 4842 on April 15, 2010.
The following recorded vote was requested:
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., was ordered to be favorably reported to the House,
as amended, by a recorded vote of 26 yeas and 0 nays (Roll Call
Vote No. 23).
The vote was as follows:
YEAS NAYS
Mr. Thompson
Ms. Sanchez
Mr. Cuellar
Mr. Carney
Ms. Clarke
Ms. Richardson
Mrs. Kirkpatrick
Mr. Lujan
Mr. Owens
Mr. Pascrell
Mr. Cleaver
Mr. Green
Mr. Himes
Ms. Kilroy
Ms. Titus
Mr. King
Mr. Smith
Ms. Souder
Mr. Lungren
Mr. Rogers
Mr. McCaul
Mr. Dent
Mr. Bilirakis
Mr. Olson
Mr. Cao
Mr. Austria
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
In March 2009, on a bipartisan basis, the Committee on
Homeland Security began conducting a review of the activities
of the Department of Homeland Security's (``Department'' or
``DHS'') Science and Technology Directorate (``S&T'') and the
Domestic Nuclear Detection Office (``DNDO''). The Committee
engaged the homeland security research and development
community--including small, medium, and large companies,
national laboratories, ``think-tanks'', and other interested
parties--in a series of meetings designed to provide
stakeholders an opportunity to provide the Committee feedback
about the existing structure of the Science and Technology
Directorate and the Domestic Nuclear Detection Office and
propose recommendations for improvement. The Committee received
extensive feedback from these meetings, and incorporated many
of the findings from those discussions into the legislation.
Since the inception of the Science and Technology
Directorate, many observers--including Congress--have been
critical of its performance. In fact, for the first several
years of its existence, the Directorate was criticized for
being a ``hobby shop,'' working on technological fixes that
were not obviously tied into the mission of the Department. In
2006, Admiral Jay Cohen was appointed Under Secretary,
promising to change the culture and project selection
methodology. Under Secretary Cohen enjoyed some success
according to a recent comprehensive review of the Directorate
by the National Academy of Public Administration (NAPA): ``S&T
has made strides towards becoming a mature and productive
research and development organization, particularly during the
last three years.'' However, NAPA found that despite these
advancements, the Directorate's ability to fulfill its mission
is ``limited by the lack of a cohesive strategy, the insularity
that defines its culture, and the lack of mechanisms necessary
to assess its performance in a systematic way.''
In performing a year-long review of the Directorate, the
Committee found that while it has become more responsive to the
needs of Department components--its primary customers--when it
comes to funding research, the Directorate lacks a robust
methodology to determine what projects to fund, how much to
fund, how to transition them into acquisition programs, and how
to evaluate their effectiveness. Further, the Directorate is
unable to provide specific evidence that DHS-funded research is
being transitioned into technologies for operators to use, that
operators are satisfied with the technology or service that the
Directorate provides, or that DHS-funded projects are
effectively reducing security risks to the homeland.
S&T research activities have indeed led to improved
security of the Nation. In response to Committee questions, the
Directorate points to a number of technologies, products, and
services that it has delivered since 2003; many of these items
are being used by customers from DHS, the first responder
community, and infrastructure owners and operators. While the
Directorate should be commended for these activities, it must
do more to create robust processes to ensure the effectiveness
and usefulness of the technologies it creates.
The Committee believes that requiring S&T to establish
management and administration processes will enhance the long-
term productivity and effectiveness of the Directorate.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the
Rules of the House of Representatives, the Committee finds that
H.R. 4842, the Homeland Security Science and Technology
Authorization Act of 2010, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 3, 2010.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, House of Representatives,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4842, the Homeland
Security Science and Technology Authorization Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4842--Homeland Security Science and Technology Authorization Act
of 2010
Summary: H.R. 4842 would authorize the appropriation of
about $1.1 billion for fiscal year 2011 and about $1.2 billion
for 2012 for the Directorate of Science and Technology in the
Department of Homeland Security (DHS). The bill also would
authorize the appropriation of about $306 million for 2011 and
$315 million for 2012 for the Domestic Nuclear Detection Office
in DHS. Assuming appropriation of the authorized amounts, CBO
estimates that implementing the bill would cost $2.9 billion
over the 2011-2015 period.
In addition, H.R. 4842 would establish a Commission on the
Protection of Critical Electric and Electronic Infrastructures.
Because the bill would authorize the commission to accept and
use gifts, enacting the legislation could have a negligible
impact on offsetting receipts and associated direct spending.
Therefore, pay-as-you-go procedures would apply to the
legislation. Enacting H.R. 4842 would not affect revenues.
H.R. 4842 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4842 is shown in the following table.
The costs of this legislation fall within budget function 750
(administration of justice). CBO assumes that the amounts
authorized will be appropriated by the start of each fiscal
year and that outlays will follow the historical rate of
spending for the authorized activities.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level......................................... 1,428 1,470 0 0 0 2,898
Estimated Outlays........................................... 554 959 885 500 0 2,898
----------------------------------------------------------------------------------------------------------------
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
(Enacting the bill would not affect revenues.)
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4842, THE HOMELAND SECURITY SCIENCE AND TECHNOLOGY AUTHORIZATION ACT OF 2010, AS ORDERED REPORTED BY THE
HOUSE COMMITTEE ON HOMELAND SECURITY ON APRIL 15, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact..................... 0 0 0 0 0 0 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 4842
contains no intergovernmental mandates as defined in UMRA and
would impose no costs on state, local, or tribal governments.
Estimate prepared by: Federal Costs: Mark Grabowicz; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, H.R. 4842 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
H.R. 4842 authorizes the activities of the Department of
Homeland Security's Science and Technology Directorate and the
Domestic Nuclear Detection Office for Fiscal Years 2011 and
2012. H.R. 4842 authorizes overall appropriations levels for
the two entities, sets requirements for management and
administration, risk analysis, research, development, testing
and evaluation activities, and reporting to Congress. In
addition, H.R. 4842 authorizes certain specific programs of
particular interest to Congress and authorizes a new
Congressional Commission to assist Congress and the Department
in protecting our critical infrastructure.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate
to the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Sec. 1. Short Title.
``Homeland Security Science and Technology Authorization
Act of 2010.''
Sec. 2. Table of Contents.
Sec. 3. Definitions.
Defines ``appropriate congressional committee'' as
``Committee on Homeland Security 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 the Senate,
respectively, over the matters concerned''; ``Department'';
``Directorate''; ``Secretary''; and ``Under Secretary.''
Sec. 4. References.
States that the Homeland Security Act of 2002 is the Act
that is being amended by this legislation unless otherwise
noted.
TITLE I-- Authorization of Appropriations
Sec. 101. Authorization of Appropriations.
Authorizes appropriations of $1,121,664,000 for fiscal year
2011, and $1,155,313,920 for fiscal year 2012 for the Science
and Technology Directorate.
TITLE II-- Management and Administration
Sec. 201. Research Prioritization and Requirements;
Professional Development; Milestones and Feedback.
This section requires the Secretary, within 180 days of
enactment, to establish requirements for how basic and applied
homeland security research is identified, prioritized, funded,
tasked, and evaluated by Science and Technology Directorate
(``S&T''), including relative roles and responsibilities of
high-level Department of Homeland Security (``Department'' or
``DHS'') officials.
The requirements shall: identify S&T customers; describe
the Department's risk assessment tools used to prioritize and
fund research projects; describe project tasking methodology
used by the Directorate; describe protocols to assess
commercial technology prior to conducting new research; and
detail first responder participation including through a
publicly accessible portal.
Not later than one year after issuing the requirements, the
Secretary is required to establish a mandatory workforce
program to help S&T customers better identify and prioritize
homeland security capability gaps and a system to collect
performance feedback from customers.
Starting 120 days after enactment, the Inspector General of
the Department of Homeland Security is required to submit
quarterly updates on the status of the requirements and the
implementation of activities in support of the requirements.
To inform these requirements, this section also requires
the Secretary to: (1) submit to Congress an annual prioritized
assessment of homeland risks, S&T's approach to mitigating
those risks, and whether S&T's products have helped reduce
those risks; and (2) to conduct research on how to most
effectively communicate risk information to the media as well
as directly to the public, both on an ongoing basis and during
times of emergency.
This section also requires an annual report on the
research, development, testing, evaluation, prototyping, and
deployment activities of the Homeland Security Advanced
Research Projects Agency for the previous year, including how
those activities are tied to risk.
Sixty days prior to establishing the mandatory workforce
program to enhance S&T customers' ability to identify and
prioritize homeland security capability gaps, the Secretary is
required to report to Congress on how technological capability
requirements are developed within the Department, whether there
is adequate job training within the Department for this
activity, how S&T can enhance technology requirements
development, and whether Congress should authorize an
additional training program for this activity. If training is
required, the section requires the Secretary to specify which
Departmental employees would benefit, a suggested curriculum,
projected costs for the program, and other details. The
Secretary is encouraged to use a federally funded research and
development center to carry out requirements of the section to
enhance professional development.
This section also requires the Secretary to establish a
system to monitor and account for homeland security research
milestones, create a formal process for collecting feedback
from customers on the effectiveness of the product delivered by
S&T, and establish standards and performance measures to be met
by S&T to provide high-quality service to its customers.
The Secretary must issue guidance to homeland security
researchers funded by S&T on setting research milestones.
Under this section, the Under Secretary must submit an
annual report describing the actions taken to achieve the goals
of this section, including information on the extent to which
research milestones for each Department-funded research project
costing at least $80,000,000 are met.
The Committee believes that the Department should make its
decisions based on risk, whenever possible. The requirement for
an annual, prioritized risk analysis, a key element not only of
this section but also called for in the Quadrennial Homeland
Security Review, is intended to provide a basis for the
Secretary's decisions regarding resource allocation,
operational activities, and technology development.
The Committee believes that a well-informed, engaged, and
resilient public increases our homeland security. To that end,
the Committee directs the Under Secretary to research and
develop how best to communicate homeland security information
to the public.
The Committee strongly believes that for S&T to succeed in
meeting the homeland security technology needs of the
Department, there must be a cadre of personnel at the
Department with the capacity to appropriately define
requirements. The Committee intends to help bolster capacity
throughout the Department by requiring the Secretary to provide
mandatory training to the DHS workforce.
This section also requires the Directorate to describe the
processes used by S&T to strengthen first responder
participation in identifying and prioritizing homeland security
technological gaps. The Committee believes that the
TechSolutions Program, an S&T program that allows the emergency
response community to identify mission capability gaps that can
be addressed by S&T through information, resources, and
technology solutions, meets the requirements of this
subsection. The Committee does not intend this subsection to
diminish, supersede, or replace the responsibilities,
authorities, or role of S&T's TechSolutions Program.
Sec. 202. Testing, Evaluation, and Standards.
This section establishes a Division of Test, Evaluation,
and Standards, headed by a Director. The purpose of the
Division is to assist S&T customers (Department components and
others) in developing operational and performance testing plans
and procedures, and developing and coordinating the adoption of
national homeland security standards. Within the Division, the
Deputy Director of Testing has responsibility to monitor and
review operational testing and evaluation activities and the
Standards Executive is responsible for supporting the
development and adoption of voluntary standards.
The Committee strongly believes that when performance and
operational testing is conducted by the same entity responsible
for procurement, conflicts can arise. The difficulties
experienced by the Department with the Advanced Spectroscopic
Portal SBInet, and the Deepwater programs underscore the need
for an independent entity to oversee technology testing. The
Committee believes that this section is in line with the
Secretary of Homeland Security's recent decision to pursue an
independent testing and evaluation function for the Department.
Sec. 203. Peer Review.
This section requires the Under Secretary to develop and
oversee guidelines for independent, external, scientific peer
review of research projects. The Secretary must report on these
activities not later than 60 days after completion of the first
peer review.
The Committee believes that the integration of a peer
review process into the Department's science and technology
research and development efforts has the potential to enhance
the effectiveness of these efforts. The Committee believes that
peer review, a cornerstone of scientific advancement, should be
conducted on homeland security research or technologies
developed by S&T whenever possible.
Sec. 204. Office of Public-Private Partnerships.
Section 204 establishes the Office of Public-Private
Partnerships, headed by a Director, with the responsibility to
engage and initiate proactive outreach to persons in need of
guidance on pursuing technology proposals with the Department,
coordinate within the Department on technology announcements,
promote interaction between the public and private sector to
accelerate transition research, and conduct market analysis of
technologies.
This section also creates the Rapid Review Division, a
component of the Office of Public-Private Partnerships, which
is responsible for establishing and publicizing an accessible,
streamlined system to conduct timely reviews of unsolicited
technology proposals (within 60 days of submission) and, upon
completion of the review, submit promising proposals to the
Director of Homeland Security Advanced Research Projects Agency
(HSARPA) and other components for their consideration.
The Office may not consider or evaluate technology
proposals submitted in response to a pending procurement.
Finally, this section authorizes the Director of the Office
to establish up to three satellite offices and authorizes
$30,000,000 for fiscal years 2011 and 2012 for the Office.
The Committee believes that the creation of a standing
Office of Public-Private Partnership has great potential to
enhance S&T's ability to meet the needs of its customers by
fostering greater participation by firms that had not
previously been able to access information and avenues to work
with S&T. The Committee also strongly believes that the
establishment of a Rapid Review Division will provide S&T with
the ability to effectively assess unsolicited scientific
proposals and, in short order, refer promising proposals that
address customer-identified homeland security capability gaps
to HSARPA or the appropriate component for further
consideration.
TITLE III-- Reports
Sec. 301. Directorate of Science and Technology Strategic
Plan.
This section requires the Under Secretary to submit to
Congress a strategic plan for the activities of S&T one year
after enactment and every other year thereafter, to include
long-term strategic goals; identification of programs that
support these goals; connection of S&T programs to homeland
security capability gaps identified by customers; role of the
risk analysis in S&T programs; a technology transition
strategy; and a description of policies on management,
organization, and personnel. This plan must be prepared in
accordance with applicable Federal requirements.
Sec. 302. Report on Technology Requirements.
Within 90 days of enactment and biannually thereafter,
section 302 requires the Under Secretary to submit to Congress
a list of detailed operational and technical requirements to
Congress for projects having a Federal cost share of greater
than $80,000,000. This section also requires that the Secretary
submit a list of detailed operational and technical
requirements for Department component projects with life-cycle
costs of over $1,000,000,000.
Sec. 303. Report on Venture Capital Organization.
Not later than a year after enactment, this section
requires the Secretary to report to Congress on the current
role of the venture capital community in homeland security
technology development, including its impact on small
businesses, and recommendations about creating a non-profit
venture capital organization for the purposes of delivering
advanced homeland security technologies.
It specifically requires the Secretary to provide a
description of how DHS works with emerging technology firms--in
particular small business concerns, small businesses owned and
operated by women, small businesses owned and operated by
veterans, and minority-owned and operated businesses.
It also requires the Secretary to review venture capital
organizations associated with the Department of Defense
(``DoD''), like In-Q-Tel and OnPoint, to determine if these DOD
models would work for DHS. The Secretary is required to deliver
recommendations for how Congress could authorize the
establishment of a venture capital organization for DHS and
specifics on potential funding levels, activities for the
organization (including the provision of technical assistance)
and whether there should be set asides for minority-owned
businesses and businesses located in economically disadvantaged
areas.
The Committee believes that the establishment of a venture
capital capability at DHS would not only foster greater
homeland security innovation but would spur economic growth by
creating new avenues for small businesses, including minority-
owned and women-owned businesses, with promising technologies
to receive critical financing.
The Committee is interested in reviewing the Secretary's
recommendations on how a private, independent, not-for-profit
organization designed to bridge the gap between homeland
security needs and available technologies could be established
to help develop advanced homeland security technologies.
In addition to information required in this section, the
Committee would also find value in learning the extent to which
the Secretary believes that such an organization should have
experience in identifying and describing the technology
requirements of the federal government; experience identifying
the marketplace need for a product or service; knowledge of
approaches to limit the inherent risk involved with research;
experience with adapting commercially-oriented technologies for
military use; and a history of working with leading venture
capital institutions.
TITLE IV-- Directorate of Science and Technology
Programs
Sec. 401. Limitations on Research.
This section limits the Department from conducting research
unless it addresses--to the greatest extent possible--a
prioritized risk to the homeland (as identified by a
Departmental risk analysis required in section 201 of this
bill).
The Committee believes that, whenever possible, all S&T
research, development, and acquisition decisions should be made
under a risk-based framework. The Committee has found instances
where S&T has made funding decisions without a robust analysis
of the extent to which the potential technology would address a
homeland security capability gap identified by S&T or a
Department component. With this section, the Committee intends
for S&T to focus research and development on areas that have
been identified, through a proper risk analysis, as being a
prioritized homeland security risk.
Sec. 402. University-Based Centers.
Section 402 authorizes $40,000,000 for the university-based
centers program for fiscal year 2011 and $41,200,000 million
for fiscal year 2012. This section specifies that existing
areas of research, as defined in the Homeland Security Act, can
include research of medical readiness and explosive
countermeasures development.
Sec. 403. Review of University-Based Centers.
This section requires the Comptroller General (CG) to
initiate, not later than 120 days after enactment of this Act,
a study of the university-based centers for homeland security
program and provide recommendations for improvements. Topics to
be considered by the CG include: method of tasking university
centers (and compare that to the method by which the Department
tasks federally funded research and development centers and
national labs); key areas for centers to consider; selection
criteria for centers; optimal organization and role of centers;
and measuring center successes. This section places a
moratorium on the creation of new university-based centers
until completion of this CG review to protect the existing
programs that have been targeted for significant cuts in the
fiscal year 2011 S&T budget request.
The Committee has a strong interest in seeing a greater
utilization of the institutions that participate in the
University-Based Centers program by S&T. Further, the Committee
is concerned that S&T does not appear to appreciate that the
Centers of Excellence program has the potential to be a
valuable resource in its efforts to conduct homeland security
research and development. The Committee has a strong interest
in this study and intends, upon review of its findings, to work
with S&T to put the program on a path to realizing its full
potential.
Sec. 404. Cybersecurity Research and Development.
Section 404 requires the Under Secretary to support
research, development, testing, evaluation, and transition of
cybersecurity technology to prevent, protect against, detect,
respond to, and recover from cyber attacks, with an emphasis on
research relevant to large-scale, high-impact attacks. The
section requires research in areas to include: secure
protocols; intrusion detection technologies; cyber forensics
and attack attribution; recovery methodologies; tools, testing,
and modeling; control systems; and secure software. It requires
the Under Secretary to coordinate with the Under Secretary for
National Protection and Programs Directorate and the heads of
other relevant Federal departments and agencies.
This section authorizes the Secretary to establish a
Cybersecurity Preparedness Consortium for purposes of providing
training to State and local first responders for preparing for
and responding to cyber attacks and coordination of
cybersecurity preparedness training activities. Members of the
consortium shall consist of academic, nonprofit, and government
partners that have demonstrated expertise in cybersecurity
training, a demonstrated ability to utilize existing DHS course
and expertise, and a demonstrated ability to coordinate with
the National Domestic Preparedness Consortium and other DHS
training. At least three participating academic institutions
are required to be qualified historically-Black colleges,
Hispanic-serving institutions, Tribal colleges or universities,
or some combination thereof.
This section authorizes the Secretary to establish a
cybersecurity training center to provide training courses to
State and local first responders to improve preparedness and
response capabilities to cyber attacks.
It authorizes $75,000,000 for DHS cybersecurity activities
in fiscal year 2011 and the same for fiscal year 2012.
Since 2007, the Committee has conducted eleven oversight
hearings on various aspects of the cybersecurity threat. In the
course of this oversight, the Committee has repeatedly received
troubling testimony from experts inside and outside of the
Federal government as to the extent to which bad actors in
cyberspace have a distinct advantage over those attempting to
secure their networks. Specifically, the Committee has received
testimony as to the ease with which bad actors are able to mask
the origination points for cyber intrusions and, even, attacks.
Enhanced investment in cybersecurity research is critical to
establishing effective attribution systems to track down the
perpetrators of cyber intrusions.
Sec. 405. National Research Council Study of Cybersecurity
Incentives.
Not later than 90 days after enactment, this section
requires the Under Secretary and the Under Secretary for
National Protection and Programs to seek to enter into
agreement with National Academy of Sciences to conduct a study
to assess methods that might be used to promote market
mechanisms that further cybersecurity in the private sector.
The assessment shall consider liability considerations,
mandated reporting, regulation, certification, accounting, and
cybersecurity risk insurance. Not later than two years after
enactment, the Secretary is required to submit the results of
the study, together with the Secretary's feedback and
recommendations. To carry out the study, this section
authorizes $500,000.
Sec. 406. Research on Cyber Compromise of Infrastructure.
Section 406 requires the Secretary, in collaboration with
other national security and intelligence agencies, to conduct
research to determine if the security of Federally-owned
critical electric infrastructure has been compromised. The
research should assess: the extent of compromise;
identification of attackers; method of penetration;
ramifications of compromise; and recommended mitigation
activities. The Secretary is required to report to Congress on
the findings of the research, not later than 30 days after the
completion of the project.
The Committee's Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology held four hearings on
cybersecurity vulnerabilities, including cyber penetrations of
government systems. The Committee believes that investigatory
research required under this section, by fostering greater
understanding within the Federal government about the extent to
which systems have been compromised, will provide a basis for
enhanced Federal mitigation, preparedness, response, and
recovery from damaging cyber incursions and attacks.
Sec. 407. Dual-Use Terrorist Risks from Synthetic Genomics.
This section expresses the sense of Congress that synthetic
genomics has potential to bring about great advances in
biotechnology but, at the same time, there are homeland
security risks since it also has the potential to be used as a
weapon.
Section 407 requires the Under Secretary to report to
Congress, not later than one year after enactment, as to the
homeland security implications of the dual-use nature of
synthetic genomics. If the Under Secretary determines that
further research is appropriate, S&T may study the extent to
which legitimate customers seeking synthetic genomics can be
differentiated from potential terrorists or other malicious
actors and develop enhanced security recommendations for
screening software, protocols, and to address other capability
gaps identified by the research.
Sec. 408. Underwater Tunnel Security Demonstration Project.
This section requires the Under Secretary, in consultation
with the Assistant Secretary for TSA, to conduct a
demonstration project for technologies to enhance the security
of underwater public transportation tunnels. At least one of
the technologies tested should be inflatable plugs. A report is
required to Congress on the findings within 180 days of
enactment.
Sec. 409. Threats Research and Development.
Section 409 authorizes the Under Secretary to conduct
technology research, testing, evaluation, and transition
activities to protect the Nation from biological, agricultural,
and chemical threats. Such research could include detection,
identification, counter measures, threat assessments,
surveillance, forensics, and recovery activities. Additionally,
the Under Secretary is authorized to produce risk assessments
for biological, agricultural, and chemical threats, used to
inform and guide the threat assessments and determinations made
by the Secretary.
The Committee recognizes the important work done by the
Department in producing risk assessments for chemical,
biological, radiological, and nuclear threats. As the
methodology used to develop the assessments evolves, the
Committee believes that the Under Secretary should convene an
interagency task force to assess and provide recommendations to
the Under Secretary as to the adequacy of the methodology. The
Under Secretary would not be bound by these recommendations,
and they are not intended to be an approval or disapproval;
rather, the task force will provide the Secretary with an
objective view of the extent to which the proposed methodology
will best meet the Department's needs in developing the risk
assessments.
Sec. 410. Maritime Domain Awareness and Maritime Security
Technology Test, Evaluation, and Transition Capabilities.
This section requires the Secretary to establish
capabilities for conducting global maritime domain awareness
and maritime security technology test, evaluation and
transition. These efforts should focus on complementing
existing efforts and avoiding duplication.
The Committee believes that the development of maritime
testing, evaluation, and transition capabilities will enhance
the Department's ability to deploy homeland security technology
that can withstand the unique elements of the maritime
environment.
Sec. 411. Rapid Biological Threat Detection and
Identification.
Section 411 requires the Under Secretary assess whether DHS
would benefit from technology to assist DHS personnel at ports
of entry with entry and exit screening to rapidly detect
infectious diseases among travelers. It requires the Under
Secretary to initiate research and development of such
technology, to the extent possible, if the Under Secretary
determines that such research should be undertaken.
The Committee is concerned that the Department has not
thoroughly considered the potential benefits and mechanisms of
screening incoming travelers at the borders and ports of entry
for communicable illnesses such as influenza. The Committee
believes that accurate rapid diagnostic tools could help ensure
timely triage and care of people not only at ports of entry,
but also at points of care, leading ultimately to a more
judicious use of limited medical countermeasures, including
those in the Strategic National Stockpile.
The Committee is mindful of the unique mission areas for
which different agencies are responsible, but also recognizes
that homeland security is a cross-cutting venture, and the
Department should have the ability and necessary cooperation to
develop needed scientific and technological tools to fulfill
its security responsibilities to the Nation. Should DHS assess
that the potential benefits of such screening are a significant
means of preventing infectious disease from threatening the
homeland, the Department shall have the authority to do so,
although the Committee believes that ideally, development and
procurement of screening devices should be a joint venture
between DHS and the Department of Health and Human Services
(HHS).
Sec. 412. Educating the Public About Radiological Threats.
This section requires the Secretary to develop a public
awareness campaign regarding radiological threats, including: a
clear explanation of the dangers of radiological materials;
explanation of radiation exposure levels; and actions that
citizens can take regarding evacuation, decontamination, and
treatment.
It also requires a plan for post-event recovery from a
radiological incident or terrorist attack, including:
definition of the dividing line between response and recovery;
consideration of multiple attack scenarios and multiple
recovery strategies; and consideration of economic, health, and
psychological effects.
The Committee strongly believes that a well-informed and
well-prepared public is a vital component to defend against a
terrorist attack. Empowering the public with information on
what to do in the event of a radiological or nuclear attack has
the potential of dramatically decreasing the rate of death and
injury. The Committee, therefore, directs the Secretary to work
with State, local, and tribal authorities to develop materials
to communicate to the public the risks faced and actions
necessary to be taken in the event of such an attack.
Sec. 413. Rural Resilience Initiative.
Section 413 requires the Secretary to conduct research to
aid State, local, and tribal leaders to help anticipate and
forestall terrorist events in rural communities. These
activities should include: outreach activities with rural
communities; examination of community use of resilience
capabilities and assets; establishment of a community
resilience baseline template; plans to address community
resilience needs; education for community leaders and first
responders on resilience; and creation of a mechanism for such
research to serve communities across the nation.
The Committee notes the relative void in research that
addresses rural communities and encourages the Department to
conduct research and implementation through outreach activities
with rural communities. The outcomes of this activity can serve
as a model for national adoption. By assisting rural
communities in disaster preparedness and resiliency, these
communities will return to productivity much faster following
an event, resulting in more stable environments in which to
live and work, enhancing the quality of life in rural America
and creating economic advantages for these resilient
communities.
The Committee recognizes the important functions of the
Southeast Regional Research Initiative (SERRI) program. Through
this initiative, a diverse group of research universities along
with Federal partners work with state and local governments to
identify and research homeland security challenges within the
region, particularly those with national implications. The
Committee encourages the rural resiliency work of the
Department to continue through this and other programs.
Sec. 414. Sense of Congress Regarding the Need for
Interoperability Standards for Internet Protocol Video
Surveillance Technology.
This section expresses the sense of Congress that the
development of interoperability standards are necessary to
realize the full security benefits of Internet Protocol (IP)
video surveillance, an emerging homeland security technology
and encourages S&T to work with the private sector and other
Federal stakeholders to develop such standards.
Sec. 415. Homeland Security Science and Technology Fellows
Program.
Section 415 requires the Secretary, acting through the
Under Secretary, to establish the Homeland Security Science and
Technology Fellows Program for scientists to be placed in
relevant scientific and technological positions within S&T and
components of the Department in paid positions for up to two
years. Program participants must be currently enrolled in or be
graduates of post-graduate scientific or engineering programs.
The Under Secretary is directed to coordinate with the Chief
Security Officer to facilitate and expedite the provision of
security clearances to fellows, as appropriate.
The Committee is concerned that American students are
falling behind in the essential subjects of math and science,
putting our position in the global economy at risk. As a
result, there has been a steady decline in levels of expertise
in science and technology throughout the Nation, which, has a
detrimental impact on homeland security capabilities. The
Committee intends for this program to support placement,
development, and advancement of American scientists and
engineers within the field of homeland security.
Sec. 416. Biological Threat Agent Assay Equivalency.
This section authorizes the Under Secretary, in
consultation with the Director for the Centers for Disease
Control, to develop assay equivalency standards to facilitate
the establishment of consistent biological threat
identification by Federally-operated bio-monitoring programs.
Upon the development of the assay equivalency standards, it
requires the Secretary to apply the biological assay
equivalency standards to DHS' bio-monitoring programs and make
the standards available to other Federal agencies.
The Committee recognizes that there are many Federal,
State, local, and private sector actors that contribute to the
biological threat identification mission through a variety of
programs. The Committee intends for this section to ensure that
the different types of assays available should meet a common
standard so that the results of any assay will be considered
reliable throughout the homeland security community.
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.
Section 417 requires the Secretary, in coordination with
the National Science Foundation, to commission a study by a
non-profit research institution to assess how best to create a
new cybersecurity or information assurance capacity building
track at colleges and universities that are not designated as
National Centers of Academic Excellence in Information
Assurance Education or National Centers of Academic Excellence
in Research. The study should consider the feasibility and
potential benefit of allowing community colleges and other
institutions offering certificates or industry-recognized
credentials to participate in the Federal Cyber Service
Scholarship for Service Program or creating a parallel program
within the Department. The Secretary is required to transmit
the study to Congress not later than 30 days after receiving
it.
Since 2007, the Committee's eleven oversight hearings on
cybersecurity vulnerabilities in the public and private sectors
underscore the need for more focus on information assurance in
the computer science and information technology fields. This
study is intended to help identify an official educational
mechanism or certification to promote the importance of
information assurance.
Sec. 418. Sense of Congress Regarding Centers of Excellence.
This section expresses the sense of Congress that the
Centers of Excellence program has the potential to be a very
useful tool in developing defensive countermeasures to enhance
the security of critical infrastructure, prevent terrorism, and
enhance S&T's efforts to research and develop homeland security
technologies.
Sec. 419. Assessment, Research, Testing, and Evaluation of
Technologies to Mitigate the Threat of Small Vessel Attack.
This section authorizes the Under Secretary to assess what
technologies are available to mitigate the threat of small
vessel attacks in secure zones of ports and conduct research,
testing, and evaluation of such technologies.
Many of the elements of the Department, including the Coast
Guard, U.S. Customs and Border Protection, and the Domestic
Nuclear Detection Office have identified small maritime craft
as a credible threat vector. The Committee supports research
into technologies focused on this unique homeland security
challenge.
Sec. 420. Research and Development Projects.
Section 420 extends through 2012 the authority of the
Secretary to make expenditures to carry out basic, applied, and
advanced research and development projects through non-standard
acquisitions procedures, commonly referred to as ``other
transaction authority'', instead of the Federal Acquisitions
Regulation (FAR). Additionally, it requires that each time the
Under Secretary intends to use other transaction authority, the
Under Secretary submit a specific proposal to the Secretary
that sets for the rationale for why the FAR process is not
feasible or appropriate in that particular case. The Secretary,
in turn, is responsible for evaluating this proposal and may
only delegate this responsibility to the Under Secretary for
Management.
This section requires an annual report to Congress as to
the exercise of other transaction authority that includes the
subject areas that were researched, the extent of the cost-
share, and the extent to which the use of this authority has
addressed a homeland security gap.
The Secretary is required to develop training for
acquisitions staff who are involved in the exercise of other
transaction authority.
The exercise of other transaction authority is subject to
review by the Comptroller General on an ongoing basis.
The Committee notes that S&T has repeatedly argued that the
utilization of other transaction authority provides greater
flexibility to attract and work with nontraditional
contractors--most especially small businesses--to research,
develop, and test innovative technologies. However, the
Committee received testimony at a hearing entitled ``Other
Transaction Authority: Flexibility at the Expense of
Accountability?'' on February 7, 2008 that the exercise of this
authority carries the risk of reduced accountability and
transparency-in part because they are exempt from certain
federal acquisition regulations and cost accounting standards.
At that hearing, the Government Accountability Office testified
that though the Department has internal processes that govern
the utilization of this authority, ``further development of the
department's policies and strengthening of its workforce are
needed to promote successful use of the authority.''
The Committee believes that the transparency and
accountability enhancements in this section will bring S&T in
line with the Department of Defense and other Federal agencies
that have similar contracting authority.
Sec. 421. National Urban Security Technology Laboratory.
This section authorizes the National Urban Security
Technology Laboratory--formerly the ``Environmental
Measurements Laboratory''--for Fiscal Years 2011 and 2012.
Requires the Under Secretary to utilize the laboratory to test,
evaluate, and analyze homeland security technologies in the
field and in the laboratory.
The transformation of the laboratory since it was
transferred to the Department under the Homeland Security Act
of 2002 has added a unique capability for the Department as it
has truly become a Homeland Security Laboratory. The Committee
believes that the new focus at the laboratory on practical test
and evaluation for first responder equipment and tactics, as
well as other capabilities to support the overall test and
evaluation mission as required in section 202, make the
National Urban Security Technology Laboratory a critical asset
to the Department's mission.
TITLE V-- Domestic Nuclear Detection Office
Sec. 501. Authorization of Appropriations.
This section authorizes $305,840,000 for Fiscal Year 2011
and $315,005,000 for Fiscal Year 2012 for the Domestic Nuclear
Detection Office (DNDO).
Sec. 502. Domestic Nuclear Detection Office Oversight.
This section expresses the sense of Congress that S&T
should conduct basic and innovative research and non-
developmental testing for DNDO. Not later than 90 days after
enactment, it requires the Director of DNDO to begin an
internal review of DNDO project selection methodology,
research, development, testing, and evaluation (RDT&E)
methodologies and priorities in order to set policy and track
progress of RDT&E projects. In carrying out the review, the
Director shall identify processes for research funding,
describe roles, responsibilities, and procedures for RDT&E,
implement a research tracking system, implement a system to
provide updates to customers, evaluate whether first responder
needs are being addressed, establish a method to collect
feedback, identify appropriate investment levels, and establish
a formal merit review process.
Not later than a year after the completion of review, the
Director shall submit a report to the Secretary and Congress
containing the findings of the review. This section requires
the Inspector General, 120 days after enactment and annually
thereafter, to update Congress on the status of implementation
of this section.
The Committee notes that this section is intended to create
requirements for DNDO that are parallel to those for S&T under
sections 201 and 202 of this Act. The Committee supports the
Secretary's recent decision to pursue an independent testing
and evaluation function for the Department, as well as to
require the Science and Technology directorate to conduct basic
and innovative research for nuclear and radiological detection.
Sec. 503. Strategic Plan and Funding Allocations for Global
Architecture.
This section requires the Secretary to submit, within 180
days of enactment, a strategic plan for the domestic component
of the global nuclear detection architecture to deter and
detect the transport of nuclear materials by all means
possible. The plan shall address technological and non-
technological methods to increase detection; the deterrent
impact of a global detection architecture on would-be
terrorists; necessary enhancements to existing technologies;
and risk-based analysis of asset deployment. The plan shall be
conducted in consultation with the Secretaries of Energy,
State, Defense, Justice, the Nuclear Regulatory Commission, and
the Intelligence Community.
The Committee believes that a coherent Global Nuclear
Detection Architecture is essential in protecting the country
from radiological or nuclear terrorism and is consistent with a
layered, defense-in-depth strategy. To achieve this goal, the
Committee believes that maximum coordination with the other
relevant agencies is critical.
Sec. 504. Radiation Portal Monitor Alternatives.
Section 504 expresses the sense of Congress that in light
of the Secretary's decision not to certify Advanced
Spectroscopic Portal Monitors for primary screening, viable
alternatives should be investigated. It requires the Director
of DNDO to report within 90 days about alternatives to existing
technologies that would provide the Department with a
significant increase in operational effectiveness for primary
screening for radioactive materials.
The Committee supports the Secretary's determination that
the development and procurement of the Advanced Spectroscopic
Portal should be pursued for secondary inspection, rather than
primary inspection. In light of this determination, however,
the Committee strongly believes that research and development
efforts to improve primary inspection efficacy and performance
must be enhanced.
Sec. 505. Authorization of Securing the Cities Initiative.
Section 505 sets forth Congressional findings that the
Securing the Cities (STC) Initiative uses next generation
radiation detection technology, leverages the technologies used
as U.S. ports of entry, has fostered cooperation between
Federal, State, and local partners, and represents a critical
national radiation detection capability. This section
authorizes the program for fiscal year 2011 at $20,000,000 and
fiscal year 2012 at $10,000,000, and at least two additional
cities that participate in the Urban Area Security Initiative
are also authorized to participate in STC.
This provision reflects the language in H.R. 2611, which
authorized the Securing the Cities Initiative and was passed by
the House on January 20, 2010.
The Committee has supported the Securing the Cities
Initiative in a bipartisan manner since its inception. The
Committee's favorable adoption of H.R. 4842 on April 15, 2010
is only the most recent in a series of favorable votes to
promote Federal support of this program. On January 12, 2010,
the Committee voted favorably to report out H.R. 2611, which
would permanently authorize the program; subsequently, the
House passed the bill by voice vote. Strong, bipartisan support
for Securing the Cities also was shown in the 110th Congress
for H.R. 5531, which would have authorized the Initiative, and
which both the Committee and the House voted to support. The
House has also voiced its approval through the appropriations
process: a bipartisan amendment to appropriate $40 million
passed on June 24, 2009 for the Initiative's continuation in
fiscal year 2010.
Given that a radiological attack in a major urban area
could easily have significant ripple effects throughout the
Nation, the Committee believes the Securing the Cities
Initiative should be treated as a national capability with
sustained Federal funding. The Committee supports Securing the
Cities because this vital program has fostered unprecedented
collaboration and coordination among its many Federal, State,
and local partners. The Committee believes that the program's
record of success will enhance the security of urban areas
against radiological and other types of threats. Law
enforcement agencies in New York, New Jersey, and Connecticut
have all benefited from this collaboration, and the Committee
commends the Domestic Nuclear Detection Office, Department of
Homeland Security, for its development and oversight of this
unified strategy. The Securing the Cities Initiative is the
only DHS program dedicated specifically to reducing the risk of
radiological and nuclear terrorism through targeted detection.
The detonation of an improvised nuclear device or a
radiological dispersal device in a metropolitan area of the
United States would have devastating consequences due to loss
of life, destruction of property, and economic repercussions.
President Obama emphasized this concern, especially for major
urban areas like New York and London, at the National Security
Summit in April 2010. He also pledged to bring to justice those
responsible for the attempted car bombing on Times Square on
May 1, 2010, an event that underscored how New York City
remains the top terrorist target. The Securing the Cities
Initiative is the only program dedicated specifically to
reducing the risk of radiological and nuclear terrorism through
targeted detection. Enactment of H.R. 4842 into law will ensure
that this capability is permanently authorized, and that the
benefits of the program are perpetuated not only in the New
York metropolitan area, but across the Nation.
TITLE VI-- Clarifying Amendments
Sec. 601. Federally Funded Research and Development Centers.
This section encourages the homeland security federally
funded research and development center to consider research
proposals made by the Chairman and Ranking Member of an
appropriate congressional committee in a bipartisan fashion.
It encourages a federally funded research and development
center to provide a copy of any report it produces to an
appropriate congressional committees, upon request.
It also requires the Secretary to review and revise, as
appropriate, the personnel conflict of interest policies
pertaining to federally funded research and development
centers.
Sec. 602. Elimination of Homeland Security Institute.
Section 602 repeals the Homeland Security Institute from
the Homeland Security Act. The Committee notes that the
Department uses its authority under Section 305 of the Homeland
Security Act of 2002 to create federally funded research and
development centers, rendering this provision moot.
This provision is a technical correction to the Homeland
Security Act. The Committee does not intend for this section to
have any impact on the Departmental Federally Funded Research
and Development Centers.
Sec. 603. GAO Study of DOE National Laboratories.
This section requires the Comptroller General to conduct a
study to assess the relationship between DHS and the Department
of Energy National Laboratories, and submit recommendations for
improving the relationship.
The Committee recognizes the enormous benefit that the
Department receives from its strong partnership with the
Department of Energy National Laboratories and encourages S&T
to explore new opportunities for collaboration and the
leveraging of National Laboratory expertise to address homeland
security capability gaps.
TITLE VII-- Commission on the Protection of Critical
Electric and Electronic Infrastructures
Sec. 701. Commission on the Protection of Critical Electric
and Electronic Infrastructures.
Section 701 establishes the Commission on the Protection of
Critical Electric and Electronic Infrastructures, whose purpose
is to assess vulnerabilities of this infrastructure and provide
a clear and comprehensive strategy and specific recommendations
for securing this infrastructure. The Commission is required to
give particular attention to threats that can cause widespread
disruption or damage to this infrastructure including cyber
attacks and physical attacks.
This section sets forth the composition, powers, and
responsibilities of the Commission, and provides $4,000,000 for
fiscal years 2011 and 2012 from sums authorized in section 101.
The Committee intends for this new Commission to take up
where the former Commission to Assess the Threat to the United
States from Electromagnetic Pulse (EMP) Attack--often referred
to as the EMP Commission--left off when its authorization
expired in December of 2008. The new Commission is envisioned
to go beyond the scope of the original Commission to address
all electromagnetic threats to all U.S. Critical Infrastructure
Sectors.
The Committee believes that the EMP Commission, established
pursuant to Public Law 106-398, has done the Nation an
invaluable service by highlighting a potential vulnerability to
critical electric and electronic infrastructure--an attack or
other incident involving electromagnetic phenomena. The
Committee has a longstanding interest in enhancing security for
the electric grid. In fact, on October 18, 2005, the
Subcommittees on Emerging Threats, Cybersecurity, Science and
Technology and Emergency Preparedness, Science, and Technology
held a joint hearing entitled ``SCADA and the Terrorist Threat:
Protecting the Nation's Critical Control Systems.'' The
Committee took another look at our cybersecurity posture with
respect to the electric and electronic grid on October 17,
2007, when the Subcommittee on Emerging Threats, Cybersecurity,
Science and Technology held a hearing entitled ``The Cyber
Threat to Control Systems: Stronger Regulations are Necessary
to Secure Electric Grid.'' More recently, on July 21, 2009, the
Subcommittee on Emerging Threats, Cybersecurity, Science and
Technology held a hearing entitled ``Securing the Modern
Electric Grid from Physical and Cyber Attacks.''
From our extensive oversight work, the Committee has come
to recognize that there is an ongoing need for study of this
homeland security vulnerability and for operators of critical
infrastructure to have greater awareness and guidance on the
development of mitigation strategies. By authorizing a new
Commission on the Protection of Critical Electric and
Electronic Infrastructure, the Committee intends for this
critical study to continue and mitigation strategies to be
developed.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a)* * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
* * * * * * *
Subtitle C--Information Security
* * * * * * *
Sec. 226. Cybersecurity Preparedness Consortium.
Sec. 227. Cybersecurity Training Center.
Subtitle D--[Office of] Science and Technology
Sec. 231. Establishment of [office] Office of Science and Technology;
director.
* * * * * * *
Sec. 238. Research prioritization and requirements.
Sec. 239. Professional development.
Sec. 240. Tracking systems, research milestones, and customer feedback.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
[Sec. 312. Homeland Security Institute.
[Sec. 313. Technology clearinghouse to encourage and support innovative
solutions to enhance homeland security.]
Sec. 313. Office of Public-Private Partnerships.
* * * * * * *
Sec. 318. Strategic plan.
Sec. 319. Homeland Security Science and Technology Fellows Program.
Sec. 320. Biological threat agent assay equivalency program.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
* * * * * * *
Subtitle C--Information Security
* * * * * * *
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)).
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.
Subtitle D--[Office of] Science and Technology
SEC. 231. ESTABLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY; DIRECTOR.
(a)* * *
* * * * * * *
SEC. 238. RESEARCH PRIORITIZATION AND REQUIREMENTS.
(a) Requirement.--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, 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--
(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 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 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;
(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; and
(C) establishing a mechanism to publicize the
Department's funded and unfunded homeland
security technology priorities; and
(6) 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) 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
239(a)(2);
(2) establish a system to collect feedback from
customers of the Directorate on the performance of the
Directorate, that includes metrics for measuring
customer satisfaction and the usefulness of any
technology or service provided by the Directorate; and
(3) any other activities that the Secretary considers
to be necessary to implement the requirements.
(d) Quarterly Updates on Implementation.--One hundred and
twenty days after the date of enactment of this section, and on
a quarterly basis thereafter, the Inspector General of the
Department shall submit a quarterly 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 Analysis.--In carrying out subsection (b)(2), 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,
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 analysis;
(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;
(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;
(D) recommendations for how the Directorate
should modify or amend its research and
development activities in order to reduce the
risks to the homeland identified under
subparagraph (A);
(E) 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; and
(F) a description of input from other
relevant Federal, State, or local agencies and
relevant private sector entities in conducting
the risk analysis required by subparagraph (A);
and
(2) conduct research and development on ways to most
effectively communicate information regarding the risks
identified under paragraph (1) 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 the corresponding risk analysis
performed by the Department that supports the
decision to undertake that activity; and
(B) describe the 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. 239. PROFESSIONAL DEVELOPMENT.
(a) Reporting Requirement.--Sixty days before establishing
the mandatory workforce program as required by section
238(c)(1), 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) An assessment of whether Department employees
receive adequate and appropriate job training 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 238(c)(1), 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. 240. TRACKING SYSTEMS, RESEARCH MILESTONES, AND CUSTOMER FEEDBACK.
(a) In General.--In establishing a system to collect feedback
under section 238(c)(2), the Secretary shall--
(1) establish a system to monitor and account for
homeland security research milestones;
(2) 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; and
(3) establish standards and performance measures to
be met by the Directorate in order to provide high-
quality customer service.
(b) System.--The system established under subsection (a)(1)
shall identify and account for research milestones to monitor
the progress of Directorate of Science and Technology research,
development, testing, and evaluation activities, and collect
information from the Directorate's customers about their level
of satisfaction with the performance of the Directorate,
including by--
(1) allowing the Directorate to provide regular
reports to its customers regarding the status and
progress of research efforts of the Directorate;
(2) collecting and evaluating customer feedback;
(3) allowing 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) allowing the Secretary to report the number of
products and services developed by the Directorate that
have been transitioned into acquisition programs.
(c) Guidance.--The Under Secretary for Science and Technology
shall publicize and implement guidance for homeland security
researchers funded by the Directorate on setting valid initial
and subsequent research milestones.
(d) Report.--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 this section identifying what actions have
been taken to carry out the requirements of this
section; and
(2) annually thereafter describing--
(A) research milestones for each large
project with a Federal cost share greater than
$80,000,000 that has 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.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR
SCIENCE AND TECHNOLOGY.
(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall have the
responsibility for--
(1)* * *
* * * * * * *
(4) conducting basic and applied research,
development, demonstration, testing, and evaluation
activities that are relevant to any or all elements of
the Department, through both intramural and extramural
programs, 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 except that such responsibility does not
extend to human health-related research and development
activities;
* * * * * * *
(13) coordinating with other appropriate executive
agencies in developing and carrying out the science and
technology agenda of the Department to reduce
duplication and identify unmet needs; [and]
(14) developing and overseeing the administration of
guidelines for merit review of research and development
projects throughout the Department, and for the
dissemination of research conducted or sponsored by the
Department[.]; and
(15) developing and overseeing the administration of
guidelines for peer review of research and development
projects, including by--
(A) consulting with experts, including
scientists and practitioners, about the
research and development conducted by the
Directorate of Science and Technology; and
(B) performing ongoing independent, external,
scientific peer 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 on Technology Requirements.--
(1) In general.--Within 90 days after the date of
enactment of this subsection, and biannually
thereafter, the Under Secretary shall, for each project
having a Federal cost share greater than $80,000,000
that is conducted or funded by the Directorate of
Science and Technology, provide to the appropriate
congressional committees a list of detailed operational
and technical requirements that are associated with the
project.
(2) Large projects.--Within 90 days after the date of
enactment of this subsection, and biannually
thereafter, the Secretary shall, for each project
conducted or funded by a component of the Department,
other than the Directorate of Science and Technology,
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. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology, shall have the authority
to establish or contract with 1 or more federally funded
research and development centers to provide independent
analysis of homeland security issues, or to carry out other
responsibilities under this Act, including coordinating and
integrating both the extramural and intramural programs
described in section 308.
(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. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND
EVALUATION.
(a)* * *
(b) Extramural Programs.--
(1)* * *
(2) University-based centers for homeland security.--
(A)* * *
(B) Criteria for designation.--Criteria for
the designation of colleges or universities as
a center for homeland security, shall include,
but are not limited to, demonstrated expertise
in--
(i)* * *
* * * * * * *
(iii) Emergency and diagnostic
medical services, including medical
readiness training and research, and
community resiliency for public health
and healthcare critical infrastructure.
(iv) Chemical, biological,
radiological, [and nuclear] nuclear,
and explosive countermeasures or
detection.
* * * * * * *
(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
independent and objective 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 development and adoption of
voluntary standards 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. 312. HOMELAND SECURITY INSTITUTE.
[(a) Establishment.--The Secretary shall establish a
federally funded research and development center to be known as
the ``Homeland Security Institute'' (in this section referred
to as the ``Institute'').
[(b) Administration.--The Institute shall be administered as
a separate entity by the Secretary.
[(c) Duties.--The duties of the Institute shall be determined
by the Secretary, and may include the following:
[(1) Systems analysis, risk analysis, and simulation
and modeling to determine the vulnerabilities of the
Nation's critical infrastructures and the effectiveness
of the systems deployed to reduce those
vulnerabilities.
[(2) Economic and policy analysis to assess the
distributed costs and benefits of alternative
approaches to enhancing security.
[(3) Evaluation of the effectiveness of measures
deployed to enhance the security of institutions,
facilities, and infrastructure that may be terrorist
targets.
[(4) Identification of instances when common
standards and protocols could improve the
interoperability and effective utilization of tools
developed for field operators and first responders.
[(5) Assistance for Federal agencies and departments
in establishing testbeds to evaluate the effectiveness
of technologies under development and to assess the
appropriateness of such technologies for deployment.
[(6) Design of metrics and use of those metrics to
evaluate the effectiveness of homeland security
programs throughout the Federal Government, including
all national laboratories.
[(7) Design of and support for the conduct of
homeland security-related exercises and simulations.
[(8) Creation of strategic technology development
plans to reduce vulnerabilities in the Nation's
critical infrastructure and key resources.
[(d) Consultation on Institute Activities.--In carrying out
the duties described in subsection (c), the Institute shall
consult widely with representatives from private industry,
institutions of higher education, nonprofit institutions, other
Government agencies, and federally funded research and
development centers.
[(e) Use of Centers.--The Institute shall utilize the
capabilities of the National Infrastructure Simulation and
Analysis Center.
[(f) Annual Reports.--The Institute shall transmit to the
Secretary and Congress an annual report on the activities of
the Institute under this section.
[(g) Termination.--The Homeland Security Institute shall
terminate 5 years after its establishment.
[SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT INNOVATIVE
SOLUTIONS TO ENHANCE HOMELAND SECURITY.
[(a) Establishment of Program.--The Secretary, acting through
the Under Secretary for Science and Technology, shall establish
and promote a program to encourage technological innovation in
facilitating the mission of the Department (as described in
section 101).
[(b) Elements of Program.--The program described in
subsection (a) shall include the following components:
[(1) The establishment of a centralized Federal
clearinghouse for information relating to technologies
that would further the mission of the Department for
dissemination, as appropriate, to Federal, State, and
local government and private sector entities for
additional review, purchase, or use.
[(2) The issuance of announcements seeking unique and
innovative technologies to advance the mission of the
Department.
[(3) The establishment of a technical assistance team
to assist in screening, as appropriate, proposals
submitted to the Secretary (except as provided in
subsection (c)(2)) to assess the feasibility,
scientific and technical merits, and estimated cost of
such proposals, as appropriate.
[(4) The provision of guidance, recommendations, and
technical assistance, as appropriate, to assist
Federal, State, and local government and private sector
efforts to evaluate and implement the use of
technologies described in paragraph (1) or (2).
[(5) The provision of information for persons seeking
guidance on how to pursue proposals to develop or
deploy technologies that would enhance homeland
security, including information relating to Federal
funding, regulation, or acquisition.
[(c) Miscellaneous Provisions.--
[(1) In general.--Nothing in this section shall be
construed as authorizing the Secretary or the technical
assistance team established under subsection (b)(3) to
set standards for technology to be used by the
Department, any other executive agency, any State or
local government entity, or any private sector entity.
[(2) Certain proposals.--The technical assistance
team established under subsection (b)(3) shall not
consider or evaluate proposals submitted in response to
a solicitation for offers for a pending procurement or
for a specific agency requirement.
[(3) Coordination.--In carrying out this section, the
Secretary shall coordinate with the Technical Support
Working Group (organized under the April 1982 National
Security Decision Directive Numbered 30).]
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, along with any business and technical
reviews, to the Director of the Homeland Security
Advanced Research Projects Agency and appropriate
Department components 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.
* * * * * * *
SEC. 318. 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.
SEC. 319. 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 or who are graduates of
post-graduate programs 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.
SEC. 320. 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 the
Director of the Centers for Disease Control and Prevention, 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.
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle D--Acquisitions
SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--Until September 30, [2010,] 2012, and subject
to subsection (d), the Secretary may carry out a pilot program
under which the Secretary may exercise the following
authorities:
(1)* * *
* * * * * * *
(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.
* * * * * * *
(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 of Homeland Security.
(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).
[(e)] (i) Definition of Nontraditional Government
Contractor.--In this section, the term ``nontraditional
Government contractor'' has the same meaning as the term
``nontraditional defense contractor'' as defined in section
845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
* * * * * * *