[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4842 Engrossed in House (EH)]
111th CONGRESS
2d Session
H. R. 4842
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Science and
Technology Authorization Act of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. References.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations.
TITLE II--MANAGEMENT AND ADMINISTRATION
Sec. 201. Research prioritization and requirements; professional
development; milestones and feedback.
Sec. 202. Testing, evaluation, and standards.
Sec. 203. External review.
Sec. 204. Office of Public-Private Partnerships.
TITLE III--REPORTS
Sec. 301. Directorate of Science and Technology strategic plan.
Sec. 302. Report on technology requirements.
Sec. 303. Report on venture capital organization.
TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS
Sec. 401. Limitations on research.
Sec. 402. University-based centers.
Sec. 403. Review of university-based centers.
Sec. 404. Cybersecurity research and development.
Sec. 405. National Research Council study of cybersecurity incentives.
Sec. 406. Research on cyber compromise of infrastructure.
Sec. 407. Dual-use terrorist risks from synthetic genomics.
Sec. 408. Underwater tunnel security demonstration project.
Sec. 409. Threats research and development.
Sec. 410. Maritime domain awareness and maritime security technology
test, evaluation, and transition
capabilities.
Sec. 411. Rapid biological threat detection and identification.
Sec. 412. Educating the public about radiological threats.
Sec. 413. Rural resilience initiative.
Sec. 414. Sense of Congress regarding the need for interoperability
standards for Internet protocol video
surveillance technology.
Sec. 415. Homeland Security Science and Technology Fellows Program.
Sec. 416. Biological threat agent assay equivalency.
Sec. 417. Study of feasibility and benefit of expanding or establishing
program to create a new cybersecurity
capacity building track at certain
institutions of higher education.
Sec. 418. Sense of Congress regarding centers of excellence.
Sec. 419. Assessment, research, testing, and evaluation of technologies
to mitigate the threat of small vessel
attack.
Sec. 420. Research and development projects.
Sec. 421. National Urban Security Technology Laboratory.
Sec. 422. Homeland security science and technology advisory committee.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 501. Authorization of appropriations.
Sec. 502. Domestic Nuclear Detection Office oversight.
Sec. 503. Strategic plan and funding allocations for global nuclear
detection architecture.
Sec. 504. Radiation portal monitor alternatives.
Sec. 505. Authorization of Securing the Cities Initiative.
TITLE VI--CLARIFYING AMENDMENTS
Sec. 601. Federally funded research and development centers.
Sec. 602. Elimination of Homeland Security Institute.
Sec. 603. GAO study of the implementation of the statutory relationship
between the Department and the Department
of Energy national laboratories.
Sec. 604. Technical changes.
TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND
ELECTRONIC INFRASTRUCTURES
Sec. 701. Commission on the Protection of Critical Electric and
Electronic Infrastructures.
TITLE VIII--BORDER SECURITY TECHNOLOGY INNOVATION
Sec. 801. Ensuring research activities of the Department of Homeland
Security include appropriate concepts of
operation.
Sec. 802. Report on basic research needs for border and maritime
security.
Sec. 803. Incorporating unmanned aerial vehicles into border and
maritime airspace.
Sec. 804. Establishing a research program in tunnel detection.
Sec. 805. Research in document security and authentication
technologies.
Sec. 806. Study on global positioning system technologies.
Sec. 807. Study of mobile biometric technologies at the border.
Sec. 808. Authorization of appropriations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means the Committee on
Homeland Security and the Committee on Science and Technology
of the House of Representatives and any committee of the House
of Representatives or the Senate having legislative
jurisdiction under the rules of the House of Representatives or
Senate, respectively, over the matter concerned.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Directorate.--The term ``Directorate'' means the
Directorate of Science and Technology of the Department.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Science and Technology of the
Department.
SEC. 4. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Under Secretary
$1,121,664,000 for fiscal year 2011 and $1,155,313,920 for fiscal year
2012 for the necessary expenses of the Directorate.
TITLE II--MANAGEMENT AND ADMINISTRATION
SEC. 201. RESEARCH PRIORITIZATION AND REQUIREMENTS; PROFESSIONAL
DEVELOPMENT; MILESTONES AND FEEDBACK.
(a) In General.--Title III (6 U.S.C. 181 et seq.) is amended by
adding at the end the following new sections:
``SEC. 318. RESEARCH PRIORITIZATION AND REQUIREMENTS.
``(a) Requirements.--The Secretary shall--
``(1) by not later than 180 days after the date of
enactment of this section, establish requirements for how basic
and applied homeland security research shall be identified,
prioritized, funded, tasked, and evaluated by the Directorate
of Science and Technology, including the roles and
responsibilities of the Under Secretary for Science and
Technology, the Under Secretary for Policy, the Under Secretary
for Management, the Director of the Office of Risk Management
and Analysis, the Director of the Domestic Nuclear Detection
Office, and the heads of operational components of the
Department; and
``(2) to the greatest extent possible, seek to publicize
the requirements for the purpose of informing the Federal,
State, and local governments, first responders, and the private
sector.
``(b) Contents.--In the requirements, the Secretary shall--
``(1) identify the Directorate of Science and Technology's
customers within and outside of the Department;
``(2) describe the risk formula and risk assessment tools,
including the risk assessment required under subsection (e)(1)
that the Department considers to identify, prioritize, and fund
homeland security research projects;
``(3) describe the considerations to be used by the
Directorate to task projects to research entities, including
the national laboratories, federally funded research and
development centers, and university-based centers;
``(4) describe the protocols to be used to assess off-the-
shelf technology to determine if an identified homeland
security capability gap can be addressed through the
acquisition process instead of commencing research and
development of technology to address that capability gap;
``(5) describe the processes to be used by the Directorate
to strengthen first responder participation in identifying and
prioritizing homeland security technological gaps, including
by--
``(A) soliciting feedback from appropriate national
associations and advisory groups representing the first
responder community and first responders within the
components of the Department; and
``(B) establishing and promoting a publicly
accessible portal to allow the first responder
community to help the Directorate develop homeland
security research and development goals;
``(6) describe a mechanism to publicize the Department's
funded and unfunded homeland security technology priorities;
and
``(7) include such other requirements, policies, and
practices as the Secretary considers necessary.
``(c) Activities in Support of the Research Prioritization and
Requirements.--Not later than one year after the date of the issuance
of the requirements, the Secretary shall--
``(1) carry out the requirements of subsection (a);
``(2) establish, through the Under Secretary for Science
and Technology and Under Secretary for Management, a mandatory
workforce program for the Directorate's customers in the
Department to better identify and prioritize homeland security
capability gaps that may be addressed by a technological
solution based on the assessment required under section
319(a)(2);
``(3) establish a system to collect feedback from customers
of the Directorate on the performance of the Directorate; and
``(4) any other activities that the Secretary considers to
be necessary to implement the requirements.
``(d) Biannual Updates on Implementation.--One hundred and eighty
days after the date of enactment of this section, and on a biannually
basis thereafter, the Inspector General of the Department shall submit
a biannually update to the appropriate congressional committees on the
status of implementation of the research prioritization and
requirements and activities in support of such requirements.
``(e) Risk Assessment.--The Secretary shall--
``(1) submit to the appropriate congressional committees by
not later than one year after the date of enactment of this
subsection and annually thereafter--
``(A) a national-level risk assessment carried out
by the Secretary, describing and prioritizing the
greatest risks to the homeland, that includes
vulnerability studies, asset values (including asset
values for intangible assets), estimated rates of
occurrence, countermeasures employed, loss expectancy,
cost/benefit analyses, and other practices generally
associated with producing a comprehensive risk
assessment;
``(B) an analysis of the Directorate's approach to
mitigating the homeland security risks identified under
subparagraph (A) through basic and applied research,
development, demonstration, testing, and evaluation
activities, as appropriate;
``(C) an analysis, based on statistics and metrics,
of the effectiveness of the Directorate in reducing the
homeland security risks identified under subparagraph
(A) through the deployment of homeland security
technologies researched or developed by the
Directorate, as appropriate;
``(D) a description of how the analysis required
under subparagraph (A) shall be used to inform, guide,
and prioritize the Department's homeland security
research and development activities, including
recommendations for how the Directorate should modify
or amend its existing research and development
activities, including for purposes of reducing the
risks to the homeland identified under subparagraph
(A); and
``(E) a description of input from other relevant
Federal, State, or local agencies and relevant private
sector entities in conducting the risk assessment
required by subparagraph (A); and
``(2) conduct research and development on ways to most
effectively communicate information regarding the risks
identified under paragraph (1)(A) to the media as well as
directly to the public, both on an ongoing basis and during a
terrorist attack or other incident.
``(f) Report on HSARPA Activities.--
``(1) In general.--Consistent with the Federal Acquisition
Regulation and any other relevant Federal requirements, not
later than 60 days after the date of enactment of this
subsection and annually thereafter, the Secretary shall submit
a report to the appropriate congressional committees containing
the research, development, testing, evaluation, prototyping,
and deployment activities undertaken by the Homeland Security
Advanced Research Projects Agency during the previous fiscal
year, including funds expended for such activities in the
previous fiscal year.
``(2) Contents.--For each activity undertaken, the report
shall--
``(A) describe, as appropriate, the corresponding
risk identified in subsection (e)(1)(A) that supports
the decision to undertake that activity; and
``(B) describe any efforts made to transition that
activity into a Federal, State, or local acquisition
program.
``(3) Additional activities.--The Secretary shall include
in each report a description of each proposal that was reviewed
in the period covered by the report by the Director of the
Homeland Security Advanced Research Projects Agency under
section 313(d)(3), including a statement of whether the
proposal received a grant, cooperative agreement, or contract
from the Director.
``SEC. 319. PROFESSIONAL DEVELOPMENT.
``(a) Reporting Requirement.--Sixty days before establishing the
mandatory workforce program as required by section 318(c)(2), the
Secretary shall report to the appropriate congressional committees on
the following:
``(1) A description of how homeland security technological
requirements are developed by the Directorate of Science and
Technology's customers within the Department.
``(2) A description of the training that should be provided
to the Directorate's customers in the Department under the
mandatory workforce program to allow them to identify, express,
and prioritize homeland security capability gaps.
``(3) A plan for how the Directorate, in coordination with
the Domestic Nuclear Detection Office and other Department
components, can enhance and improve technology requirements
development and the technology acquisition process, to
accelerate the delivery of effective, suitable technologies
that meet performance requirements and appropriately address an
identified homeland security capability gap.
``(4) An assessment of whether Congress should authorize,
in addition to the program required under section 318(c)(2), a
training program for Department employees to be trained in
requirements writing and acquisition, that--
``(A) is prepared in consultation with the
Department of Veterans Affairs Acquisition Academy and
the Defense Acquisition University; and
``(B) if the Secretary determines that such
additional training should be authorized by Congress,
includes specification about--
``(i) the type, skill set, and job series
of Department employees who would benefit from
such training, including an estimate of the
number of such employees;
``(ii) a suggested curriculum for the
training;
``(iii) the type and skill set of educators
who could most effectively teach those skills;
``(iv) the length and duration of the
training;
``(v) the advantages and disadvantages of
training employees in a live classroom, or
virtual classroom, or both;
``(vi) cost estimates for the training; and
``(vii) the role of the Directorate in
supporting the training.
``(b) Use of Research and Development Center.--The Secretary is
encouraged to use a federally funded research and development center to
assist the Secretary in carrying out the requirements of this section.
``SEC. 320. CUSTOMER FEEDBACK.
``In establishing a system to collect feedback under section
318(c)(3), the Secretary shall--
``(1) create a formal process for collecting feedback from
customers on the effectiveness of the technology or services
delivered by Directorate of Science and Technology, including
through randomized sampling, focus groups, and other methods as
appropriate;
``(2) develop metrics for measuring customer satisfaction
and the usefulness of any technology or service provided by the
Directorate; and
``(3) establish standards and performance measures to be
met by the Directorate in order to provide high-quality
customer service.
``SEC. 321. RESEARCH PROGRESS.
``(a) In General.--The Secretary shall establish a system to
monitor the progress of Directorate for Science and Technology
research, development, testing, and evaluation activities, including
the establishment of initial and subsequent research milestones.
``(b) System.--The system established under subsection (a) shall--
``(1) identify and monitor the progress toward research
milestones;
``(2) allow the Directorate to provide regular reports to
its customers regarding the status and progress of research
efforts of the Directorate;
``(3) allow the Secretary to evaluate how a technology or
service produced as a result of the Directorate's programs has
affected homeland security capability gaps; and
``(4) allow the Secretary to report the number of products
and services developed by the Directorate that have been
transitioned into acquisition programs.
``(c) Guidance.--The Under Secretary for Science and Technology
shall publicize and implement guidance on setting valid initial and
subsequent research milestones for homeland security research funded by
the Directorate.
``SEC. 322. REPORT.
``(a) In General.--The Under Secretary shall submit a report to the
appropriate congressional committees--
``(1) by not later than one year after the date of
enactment of sections 320 and 321 identifying what actions have
been taken to carry out the requirements of these sections; and
``(2) annually thereafter describing--
``(A) research milestones for each large project
with a Federal cost share greater than $80,000,000 that
have been successfully met and missed, including for
each missed milestone, an explanation of why the
milestone was missed; and
``(B) customer feedback collected and the success
of the Directorate in meeting the customer service
performance measures and standards, including an
evaluation of the effectiveness of the technology or
services delivered by the Directorate.''.
(b) Clerical Amendments.--The table of contents in section 1(b) is
amended in the items relating to subtitle D of title II--
(1) in the item relating to the heading for the subtitle,
by striking ``Office of'';
(2) in the item relating to section 231, by striking
``office'' and inserting ``Office of Science and Technology'';
and
(3) by adding at the end the following new items:
``Sec. 318. Research prioritization and requirements.
``Sec. 319. Professional development.
``Sec. 320. Customer feedback.
``Sec. 321. Research progress.
``Sec. 322. Report.
SEC. 202. TESTING, EVALUATION, AND STANDARDS.
Section 308 (6 U.S.C. 188) is amended by adding at the end of the
following new subsection:
``(d) Test, Evaluation, and Standards Division.--
``(1) Establishment.--There is established in the
Directorate of Science and Technology a Test, Evaluation, and
Standards Division.
``(2) Director.--The Test, Evaluation, and Standards
Division shall be headed by a Director of Test, Evaluation, and
Standards, who shall be appointed by the Secretary and report
to the Under Secretary for Science and Technology.
``(3) Responsibilities, authorities, and functions.--The
Director of Test, Evaluation, and Standards--
``(A) is the principal adviser to the Secretary,
the Under Secretary of Management, and the Under
Secretary for Science and Technology on all test and
evaluation or standards activities in the Department;
and
``(B) shall--
``(i) prescribe test and evaluation
policies for the Department, which shall
include policies to ensure that operational
testing is done at facilities that already have
relevant and appropriate safety and material
certifications to the extent such facilities
are available;
``(ii) oversee and ensure that adequate
test and evaluation activities are planned and
conducted by or on behalf of components of the
Department in major acquisition programs of the
Department, as designated by the Secretary,
based on risk, acquisition level, novelty,
complexity, and size of the acquisition
program, or as otherwise established in
statute;
``(iii) review major acquisition program
test reports and test data to assess the
adequacy of test and evaluation activities
conducted by or on behalf of components of the
Department; and
``(iv) review available test and evaluation
infrastructure to determine whether the
Department has adequate resources to carry out
its testing and evaluation responsibilities, as
established under this title.
``(4) Deputy director of operational test and evaluation.--
Within the Division there shall be a Deputy Director of
Operational Test and Evaluation, who--
``(A) is the principal operational test and
evaluation official for the Department; and
``(B) shall--
``(i) monitor and review the operational
testing and evaluation activities conducted by
or on behalf of components of the Department in
major acquisition programs of the Department,
as designated by the Secretary, based on risk,
acquisition level, novelty, complexity, and
size of the acquisition program, or as
otherwise established in statute;
``(ii) provide the Department with
assessments of the adequacy of testing and
evaluation activities conducted in support of
major acquisitions programs; and
``(iii) have prompt and full access to test
and evaluation documents, data, and test
results of the Department that the Deputy
Director considers necessary to review in order
to carry out the duties of the Deputy Director
under this section.
``(5) Standards executive.--Within this Division, there
shall be a Standards Executive as described in Office of
Management and Budget Circular A-119. The Standards Executive
shall--
``(A) implement the Department's standards policy
as described in section 102(g); and
``(B) support the Department's use of technical
standards that are developed or adopted by voluntary
consensus standards bodies in accordance with section
12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note).
``(6) Limitation.--The Division is not required to carry
out operational testing.
``(7) Evaluation of department of defense technologies.--
The Director of Test, Evaluation, and Standards may evaluate
technologies currently in use or being developed by the
Department of Defense to assess whether they can be leveraged
to address homeland security capability gaps.''.
SEC. 203. EXTERNAL REVIEW.
(a) Responsibilities and Authorities of the Under Secretary.--
Section 302 (6 U.S.C. 183) is amended by striking ``and'' after the
semicolon at the end of paragraph (13), by striking the period at the
end of paragraph (14) and inserting ``; and'', and by adding at the end
the following new paragraph:
``(15) developing and overseeing the administration of
guidelines for periodic external review of research and
development programs or activities, including through--
``(A) consultation with experts, including
scientists and practitioners, about the research and
development activities conducted by the Directorate of
Science and Technology; and
``(B) ongoing independent, external review--
``(i) initially at the division level; or
``(ii) when divisions conduct multiple
programs focused on significantly different
subjects, at the program level.''.
(b) Report.--The Secretary shall report to Congress not later than
60 days after the completion of the first review under section
302(15)(B) of the Homeland Security Act of 2002, as amended by
subsection (a) of this section on--
(1) the findings of the review; and
(2) any future efforts to ensure that the Department's
research programs or activities are subject to external review,
as appropriate.
SEC. 204. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.
(a) Establishment.--Section 313 (6 U.S.C. 193) is amended to read
as follows:
``SEC. 313. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.
``(a) Establishment of Office.--There is established an Office of
Public-Private Partnerships in the Directorate of Science and
Technology.
``(b) Director.--The Office shall be headed by a Director, who
shall be appointed by the Secretary. The Director shall report to the
Under Secretary for Science and Technology.
``(c) Responsibilities.--The Director, in coordination with the
Private Sector Office of the Department, shall--
``(1) engage and initiate proactive outreach efforts and
provide guidance on how to pursue proposals to develop or
deploy homeland security technologies (including regarding
Federal funding, regulation, or acquisition), including to
persons associated with small businesses (as that term is
defined in the Small Business Act (15 U.S.C. 631 et seq.));
``(2) coordinate with components of the Department to issue
announcements seeking unique and innovative homeland security
technologies to address homeland security capability gaps;
``(3) promote interaction between homeland security
researchers and private sector companies in order to accelerate
transition research or a prototype into a commercial product
and streamline the handling of intellectual property; and
``(4) conduct technology research assessment and
marketplace analysis for the purpose of identifying,
leveraging, and integrating best-of-breed technologies and
capabilities from industry, academia, and other Federal
Government agencies, and disseminate research and findings to
Federal, State, and local governments.
``(d) Rapid Review Division.--
``(1) Establishment.--There is established the Rapid Review
Division within the Office of Public-Private Partnerships.
``(2) Purpose and duties.--
``(A) In general.--The Division--
``(i) is responsible for maintaining a
capability to perform business and technical
reviews to assist in screening unsolicited
homeland security technology proposals
submitted to the Secretary; and
``(ii) shall assess the feasibility,
scientific and technical merits, and estimated
cost of such proposals.
``(B) Specific duties.--In carrying out those
duties, the Division shall--
``(i) maintain awareness of the
technological requirements of the Directorate's
customers;
``(ii) establish and publicize accessible,
streamlined procedures allowing a participant
to have their technology assessed by the
Division;
``(iii) make knowledgeable assessments of a
participant's technology after receiving a
business plan, a technology proposal, and a
list of corporate officers, directors, and
employees with technical knowledge of the
proposal, within 60 days after such a
submission;
``(iv) review proposals submitted by
components of the Department to the Division,
subject to subsection (e); and
``(v) in reviewing proposals submitted to
the Secretary, give priority to any proposal
submitted by a small business concern as
defined under section 3 of the Small Business
Act (15 U.S.C. 632).
``(3) Coordination.--The Director shall submit for
consideration promising homeland security technology research,
development, testing, and evaluation proposals, along with any
business and technical reviews, to the appropriate
subcomponents of the Directorate and the appropriate
operational components of the Department for consideration for
support.
``(e) Limitation on Consideration or Evaluation of Proposals.--The
Office may not consider or evaluate homeland security technology
proposals submitted in response to a solicitation for offers for a
pending procurement or for a specific agency requirement.
``(f) Satellite Offices.--The Under Secretary, acting through the
Director, may establish up to 3 satellite offices across the country to
enhance the Department's outreach efforts. The Secretary shall notify
the appropriate congressional committees in writing within 30 days
after establishing any satellite office.
``(g) Personnel.--The Secretary shall establish rules to prevent
the Director or any other employee of the Office from acting on matters
where a conflict of interest may exist.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by striking the item relating to such section and inserting the
following:
``Sec. 313. Office of Public-Private Partnerships.''.
(c) Authorization of Appropriations.--Of the amount authorized by
section 101, there is authorized to be appropriated $30,000,000 for the
Office of Public-Private Partnerships for each of fiscal years 2011 and
2012.
TITLE III--REPORTS
SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY STRATEGIC PLAN.
(a) In General.--Title III (6 U.S.C. 181 et seq.), as amended by
section 201, is further amended by adding at the end the following new
section:
``SEC. 323. STRATEGIC PLAN.
``(a) Requirement for Strategic Plan.--Not later than 1 year after
the date of enactment of this section and every other year thereafter,
the Under Secretary for Science and Technology shall prepare a
strategic plan for the activities of the Directorate.
``(b) Contents.--The strategic plan required by subsection (a)
shall be prepared in accordance with applicable Federal requirements,
and shall include the following matters:
``(1) The long-term strategic goals of the Directorate.
``(2) Identification of the research programs of the
Directorate that support achievement of those strategic goals.
``(3) The connection of the activities and programs of the
Directorate to requirements or homeland security capability
gaps identified by customers within the Department and outside
of the Department, including the first responder community.
``(4) The role of the Department's risk analysis in the
activities and programs of the Directorate.
``(5) A technology transition strategy for the programs of
the Directorate.
``(6) A description of the policies of the Directorate on
the management, organization, and personnel of the Directorate.
``(c) Submission of Plan to Congress.--The Secretary shall submit
to Congress any update to the strategic plan most recently prepared
under subsection (a) at the same time that the President submits to
Congress the budget for each even-numbered fiscal year.''.
(b) Clerical Amendment.--The table of contents in section 1(b), as
amended by section 201, is further amended by adding at the end of the
items relating to title III the following new item:
``Sec. 323. Strategic plan.''.
SEC. 302. REPORT ON TECHNOLOGY REQUIREMENTS.
Section 302 (6 U.S.C. 182) is amended by inserting ``(a) In
General.--'' before the first sentence, and by adding at the end the
following new subsection:
``(b) Report on Technology Requirements.--
``(1) In general.--Within 90 days after the date of
enactment, the Under Secretary shall, for each current project
conducted by the Directorate and having a Federal cost share
greater than $80,000,000, and on an ongoing basis thereafter
for any new project conducted by the Directorate and having a
Federal cost share greater than $80,000,000, provide to the
appropriate congressional committees a description of--
``(A) the Department components and customers
consulted during the development of the operational and
technical requirements associated with the project; and
``(B) the extent to which the requirements
incorporate the input of those components or customers.
``(2) Large projects.--Within 90 days after the date of
enactment, the Secretary shall, for each current project
conducted by a component of the Department besides the
Directorate, and having a life-cycle cost greater than
$1,000,000,000, and on an ongoing basis thereafter for any new
project conducted by a component of the Department besides the
Directorate, and having a life-cycle cost greater than
$1,000,000,000, provide to the appropriate congressional
committees detailed operational and technical requirements that
are associated with the project.''.
SEC. 303. REPORT ON VENTURE CAPITAL ORGANIZATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees--
(1) assessing the current role of the venture capital
community in funding advanced homeland security technologies,
including technologies proposed by small business concerns as
defined under section 3 of the Small Business Act (15 U.S.C.
632); and
(2) providing recommendations about creating a nonprofit
organization for the purposes of delivering advanced homeland
security technologies to the homeland security community to
further its missions.
(b) Contents.--The report shall include the following:
(1) An assessment of the current awareness and insight that
the Department has regarding advanced private sector homeland
security innovation, and the Department's ability to quickly
transition innovative products into acquisitions.
(2) A description of how the Department currently finds and
works with emerging companies, particularly firms that have
never done business with the Federal Government, small business
concerns, small business concerns that are owned and operated
by women, small business concerns that are owned and operated
by veterans, and minority-owned and operated small business
concerns.
(3) An assessment and analysis of the current role that
venture capitalists play in the development of homeland
security technologies, including an assessment of how the
venture capital community could be leveraged to accelerate
technology, foster development, and introduce new technologies
needed by the homeland security community.
(4) An assessment of whether the Department could help
nascent commercial technologies mature into commercial-off-the-
shelf products the homeland security community could acquire.
(5) An analysis of whether the Central Intelligence
Agency's In-Q-Tel organization or the Department of Defense's
OnPoint Technologies organization could serve as a model for
the development of homeland security technology at the
Department.
(6) Recommendations of the Secretary regarding how Congress
could authorize the establishment of a private, independent,
not-for-profit organization to bridge the gap between the
technology needs of the homeland security community and new
advances in commercial technology, including specifics on
potential funding levels, activities for the organization,
including the provision of technical assistance, and whether to
establish set-asides for small businesses that are minority-
owned and operated or located in socially and economically
disadvantaged areas.
(c) Use of Research and Development Center.--The Secretary is
encouraged to use a federally funded research and development center to
produce the report under this section.
(d) Authorization of Appropriations.--Of the amount authorized by
section 101, there is authorized to be appropriated $500,000 for the
report under this section.
TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS
SEC. 401. LIMITATIONS ON RESEARCH.
Section 302(a)(4), as designated by section 302, is further amended
by inserting after ``extramural programs,'' the following: ``that, to
the greatest extent possible, addresses a prioritized risk to the
homeland as identified by a risk analysis under section 226(e) of this
Act''.
SEC. 402. UNIVERSITY-BASED CENTERS.
(a) Authorization of Appropriations.--Of the amount authorized by
section 101, there is authorized to be appropriated $40,000,000 for
fiscal year 2011 and $41,200,000 for fiscal year 2012 to the Secretary
to carry out the university-based centers program of the Department.
(b) Criteria for Designation.--Section 308(b)(2)(B)(iii) (6 U.S.C.
188(b)(2)(B)(iii)) is amended by inserting before the period at the end
the following: ``, including medical readiness training and research,
and community resiliency for public health and healthcare critical
infrastructure''.
(c) Explosive Countermeasures or Detection.--Section
308(b)(2)(B)(iv) (6 U.S.C. 188(b)(2)(B)(iv)) is amended by striking
``and nuclear'' and inserting ``nuclear, and explosive''.
SEC. 403. REVIEW OF UNIVERSITY-BASED CENTERS.
(a) GAO Study of University-Based Centers.--Not later than 120 days
after the date of enactment of this Act, the Comptroller General of the
United States shall initiate a study to assess the university-based
centers for homeland security program authorized by section 308(b)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), and provide
recommendations to the appropriate congressional committees for
appropriate improvements.
(b) Subject Matters.--The study under subsection (a) shall include
the following:
(1) A review of the Department's efforts to identify key
areas of study needed to support the homeland security mission,
and criteria that the Department utilized to determine those
key areas for which the Department should maintain, establish,
or eliminate university-based centers.
(2) A review of the method by which university-based
centers, federally funded research and development centers, and
Department of Energy national laboratories receive tasking from
the Department, including a review of how university-based
research is identified, prioritized, and funded.
(3) A review of selection criteria for designating
university-based centers and a weighting of such criteria.
(4) An examination of best practices from other agencies
efforts to organize and use university-based research to
support their missions.
(5) A review of the Department's criteria and metrics to
measure demonstrable progress achieved by university-based
centers in fulfilling Department taskings, and mechanisms for
delivering and disseminating the research results of designated
university-based centers within the Department and to other
Federal, State, and local agencies.
(6) An examination of the means by which academic
institutions that are not designated or associated with the
designated university-based centers can optimally contribute to
the research mission of the Directorate.
(7) An assessment of the interrelationship between the
different university-based centers.
(8) A review of any other essential elements of the
programs determined in the conduct of the study.
(c) Moratorium on New University-Based Centers.--The Secretary may
not designate any new university-based centers to research new areas in
homeland security prior to the completion of the Comptroller General's
review.
SEC. 404. CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary shall support research,
development, testing, evaluation, and transition of cybersecurity
technology, including fundamental, long-term research to improve the
ability of the United States to prevent, protect against, detect,
respond to, and recover from acts of terrorism and cyber attacks, with
an emphasis on research and development relevant to large-scale, high-
impact attacks.
(b) Activities.--The research and development supported under
subsection (a) shall include work to--
(1) advance the development and accelerate the deployment
of more secure versions of fundamental Internet protocols and
architectures, including for the domain name system and routing
protocols;
(2) improve and create technologies for detecting attacks
or intrusions, including real-time monitoring and real-time
analytic technologies;
(3) improve and create mitigation and recovery
methodologies, including techniques and policies for real-time
containment of attacks, and development of resilient networks
and systems that degrade gracefully;
(4) develop and support infrastructure and tools to support
cybersecurity research and development efforts, including
modeling, testbeds, and data sets for assessment of new
cybersecurity technologies;
(5) assist the development and support of technologies to
reduce vulnerabilities in process control systems;
(6) develop and support cyber forensics and attack
attribution; and
(7) test, evaluate, and facilitate the transfer of
technologies associated with the engineering of less vulnerable
software and securing the information technology software
development lifecycle.
(c) Coordination.--In carrying out this section, the Under
Secretary shall coordinate activities with--
(1) the Under Secretary for National Protection and
Programs; and
(2) the heads of other relevant Federal departments and
agencies, including the National Science Foundation, the
Defense Advanced Research Projects Agency, the Information
Assurance Directorate of the National Security Agency, the
National Institute of Standards and Technology, the Department
of Commerce, and other appropriate working groups established
by the President to identify unmet needs and cooperatively
support activities, as appropriate.
(d) Authorization of Cybersecurity Preparedness Consortium and
Training Center.--
(1) Cybersecurity preparedness consortium.--Subtitle C of
title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.) is amended by adding at the end the following new
section:
``SEC. 226. CYBERSECURITY PREPAREDNESS CONSORTIUM.
``(a) In General.--To assist the Secretary in carrying out the
requirements of section 404(a) of the Homeland Security Science and
Technology Authorization Act of 2010, the Secretary may establish a
consortium to be known as the `Cybersecurity Preparedness Consortium'.
``(b) Functions.--The Consortium shall--
``(1) provide training to State and local first responders
and officials specifically for preparing and responding to
cybersecurity attacks;
``(2) develop and update a curriculum and training model
for State and local first responders and officials;
``(3) provide technical assistance services to build and
sustain capabilities in support of cybersecurity preparedness
and response;
``(4) conduct cybersecurity training and simulation
exercises to defend from and respond to cyber attacks; and
``(5) coordinate all cybersecurity preparedness training
activities conducted by the Department.
``(c) Members.--The Consortium shall consist of academic,
nonprofit, and government partners that--
``(1) have demonstrated expertise in developing and
delivering cybersecurity training in support of homeland
security;
``(2) have demonstrated ability to utilize existing courses
and expertise developed by the Department;
``(3) have demonstrated ability to coordinate with the
National Domestic Preparedness Consortium and other training
programs within the Department; and
``(4) include at least 3 academic institutions that are any
combination of historically Black colleges and universities,
Hispanic-serving institutions, or tribal colleges and
universities, that fulfill the criteria of paragraphs (1), (2)
and (3) of this subsection.
``(d) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)).
``(2) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given that term in section
502 of the Higher Education Act of 1965 (20 U.S.C. 1101(a)).
``(3) Tribal college or university.--The term `tribal
college or university' has the meaning given that term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).''.
(2) Clerical amendment.--Section 1(b) of such Act is
further amended by adding at the end of the items relating to
such subtitle the following new item:
``Sec. 226. Cybersecurity Preparedness Consortium.''.
(3) Cybersecurity training center.--Subtitle C of title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is
further amended by adding at the end the following new section:
``SEC. 227. CYBERSECURITY TRAINING CENTER.
``The Secretary may establish where appropriate a Cybersecurity
Training Center to provide training courses and other resources for
State and local first responders and officials to improve preparedness
and response capabilities.''.
(4) Clerical amendment.--Section 1(b) of such Act is
further amended by adding at the end of the items relating to
such subtitle the following new item:
``Sec. 227. Cybersecurity Training Center.''.
(e) Authorization of Appropriations.--Of the amount authorized by
section 101, there is authorized to be appropriated $75,000,000 to the
Department for each of fiscal years 2011 and 2012 for the cybersecurity
research and development activities of the Directorate to prevent,
detect, and respond to acts of terrorism and other large-scale
disruptions to information infrastructure.
SEC. 405. NATIONAL RESEARCH COUNCIL STUDY OF CYBERSECURITY INCENTIVES.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Under Secretary and the Under Secretary for National
Protection and Programs of the Department shall seek to enter into an
agreement with the National Research Council of the National Academy of
Sciences to conduct a study to assess methods that might be used to
promote market mechanisms that further cybersecurity and make
recommendations for appropriate improvements thereto.
(b) Subject Matters.--The study required under subsection (a) shall
include the following:
(1) Liability that subjects software and system vendors and
system operators to potential damages for system breaches.
(2) Mandated reporting of security breaches that could
threaten critical functions, including provision of electricity
and resiliency of the financial sector.
(3) Regulation that under threat of civil penalty, imposes
best practices on system operators of critical infrastructure.
(4) Certification from standards bodies about conformance
to relevant cybersecurity standards that can be used as a
marketplace differentiation.
(5) Accounting practices that require companies to report
their cybersecurity practices and postures and the results of
independently conducted red team simulated attacks or
exercises.
(6) Cybersecurity risk insurance, including analysis of the
current marketplace and recommendations to promote
cybersecurity insurance.
(c) Submission to Congress.--Not later than two years after the
date of enactment of this Act, the Secretary shall submit to the
appropriate congressional committees the results of the study required
under subsection (a), together with any recommendations of the
Secretary related thereto.
(d) Authorization of Appropriations.--Of the amount authorized by
section 101, there is authorized to be appropriated $500,000 to the
Department for fiscal year 2011 to carry out this section.
SEC. 406. RESEARCH ON CYBER COMPROMISE OF INFRASTRUCTURE.
(a) In General.--Pursuant to section 201 of the Homeland Security
Act of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness
for and collective response to a cyber attack by a terrorist or other
person, the Secretary, working with the heads of other national
security and intelligence agencies, shall periodically conduct research
to determine if the security of federally owned programmable electronic
devices and communication networks, including hardware, software, and
data, essential to the reliable operation of critical electric
infrastructure has been compromised.
(b) Scope of Research.--The scope of the research required under
subsection (a) shall include the following:
(1) The extent of any compromise.
(2) An identification of any attackers, including any
affiliations with terrorists, terrorist organizations, state
entities, and non-state entities.
(3) The method of penetration.
(4) Ramifications of any such compromise on future
operations of critical electric infrastructure.
(5) Secondary ramifications of any such compromise on other
critical infrastructure sectors and the functioning of civil
society.
(6) Ramifications of any such compromise on national
security, including war fighting capability.
(7) Recommended mitigation activities.
(c) Report.--Not later than 30 days after the date a determination
has been made under subsection (a), the Secretary shall submit to the
appropriate congressional committees a report on the findings of such
determination. The report may contain a classified annex if the
Secretary determines it to be appropriate.
SEC. 407. DUAL-USE TERRORIST RISKS FROM SYNTHETIC GENOMICS.
(a) Sense of Congress.--It is the sense of Congress that the field
of synthetic genomics has the potential to facilitate enormous gains in
fundamental discovery and biotechnological applications, but it also
has inherent dual-use homeland security risks that must be managed.
(b) Requirement.--The Under Secretary shall examine and report to
the appropriate congressional committees by not later than one year
after the date of enactment of this Act on the homeland security
implications of the dual-use nature of synthetic genomics and, if the
Under Secretary determines that such research is appropriate, may
conduct research in that area, including--
(1) determining the current capability of synthetic nucleic
acid providers to effectively differentiate a legitimate
customer from a potential terrorist or other malicious actor;
(2) determining the current capability of synthetic nucleic
acid providers to effectively screen orders for sequences of
homeland security concern; and
(3) making recommendations regarding screening software,
protocols, and other remaining capability gaps uncovered by the
study.
SEC. 408. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.
(a) In General.--The Under Secretary, in consultation with the
Assistant Secretary of the Transportation Security Administration,
shall conduct a demonstration project to test and assess the
feasibility and effectiveness of certain technologies to enhance the
security of underwater public transportation tunnels against terrorist
attacks involving the use of improvised explosive devices.
(b) Inflatable Plugs.--At least one of the technologies tested
under subsection (a) shall be inflatable plugs that may be rapidly
deployed to prevent flooding of an underwater public transportation
tunnel.
(c) Report.--Not later than 180 days after the completion of the
demonstration project under subsection (a), the Under Secretary shall
submit to the appropriate congressional committees a report on the
results of the demonstration project.
SEC. 409. THREATS RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary, in carrying out
responsibilities under section 302 of the Homeland Security Act of 2002
(6 U.S.C. 182), may support research, development, testing, evaluation,
and transition of technology that increases the Nation's preparedness
against chemical and biological threats and strengthens the Nation's
preparedness and collective response against those threats through
improved threat awareness and advanced surveillance, detection, and
protective countermeasures, and to enhance the development of border
security technology.
(b) Biological Security.--To carry out subsection (a), the Under
Secretary may conduct research to develop understanding, technologies,
and systems needed to protect against biological attacks on the
Nation's population or infrastructure, including--
(1) providing advanced planning tools, concepts of
operations (including alarm resolution protocols), and training
exercises for responding to and recovering from biological
attacks;
(2) developing biological assays and improved detection
technology that will operate with faster detection times, lower
costs, and the potential for increased geographical coverage to
the Nation when compared to existing homeland security
technologies;
(3) characterizing threats posed by biological weapons,
anticipating future threats, conducting comprehensive threat
and risk assessments to guide prioritization of the Nation's
biodefense investments, and developing population threat
assessments that inform the issuance of material threat
determinations;
(4) conducting bioforensics research in support of criminal
investigations to aid attribution, apprehension, and
prosecution of a terrorist or other perpetrator of a biological
attack, and providing tools and facilities that Federal law
enforcement investigators need to analyze biological threat
evidence recovered, including operation of the National
Bioforensic Analysis Center; and
(5) conducting appropriate research and studies that will
increase our understanding of and uncertainties associated with
risk and threats posed by biological agents through the
Biological Threat Characterization Center and other means as
determined by the Secretary.
(c) Agricultural Security.--The Under Secretary may conduct
research and development to enhance the protection of the Nation's
agriculture and food system against terrorist attacks, and other
emergency events through enhancement of current agricultural
countermeasures, development of new agricultural countermeasures, and
provision of safe, secure, state-of-the-art biocontainment laboratories
for researching foreign animal and zoonotic diseases, including--
(1) developing technologies to defend the Nation against
the natural and intentional introduction of selected foreign
animal diseases, developing next-generation vaccines and
diagnostics in coordination with the Department of Agriculture,
and modeling the spread of foreign animal diseases and their
economic impact to evaluate strategies for controlling
outbreaks; and
(2) leading the Department effort to enhance interagency
coordination of research and development of agricultural
disease countermeasures.
(d) Chemical Security.--The Under Secretary may develop technology
to reduce the Nation's vulnerability to chemical warfare agents and
commonly used toxic industrial chemicals, including--
(1) developing a robust and enduring analytical capability
in support of chemical countermeasures development, including
developing and validating forensic methodologies and analytical
tools, conducting risk and vulnerability assessments based on
chemical threat properties, and maintaining infrastructure
including the Chemical Security Analysis Center;
(2) developing technology to detect a chemical threat
release; and
(3) developing technologies and guidance documents to
foster a coordinated approach to returning a chemically
contaminated area to a normal condition, and to foster analysis
of contaminated areas both before and after the restoration
process.
(e) Risk Assessments.--
(1) In general.--The Under Secretary shall produce risk
assessments for biological and chemical threats, and shall
coordinate with the Director of the Domestic Nuclear Detection
Office of the Department, the Assistant Secretary of the Office
of Health Affairs of the Department, and the Assistant
Secretary of Infrastructure Protection of the Department on an
integrated risk assessment, including regarding chemical,
biological, radiological, nuclear, and explosive threats.
(2) Usage.--The assessments required under paragraph (1)
shall be used to inform and guide the threat assessments and
determinations by the Secretary regarding agents and toxins
pursuant to section 302(9) of the Homeland Security Act of 2002
(6 U.S.C. 182(9)), and to guide prioritization of other
homeland defense activities, as appropriate.
(3) Task force.--The Under Secretary for Science and
Technology shall convene an interagency task force of relevant
subject matter experts to assess the proposed methodology to be
used for each assessment required under paragraph (1), and to
provide recommendations to the Under Secretary as to the
adequacy of such methodology.
(f) Border Security.--The Under Secretary may develop technology,
in coordination with the Commissioner of Customs and Border Protection,
to gain effective control of the international land borders of the
United States within 5 years after the date of enactment of this Act.
In carrying out such development activities, the Under Secretary shall
ensure coordination and integration between new technologies developed
and those already utilized by U.S. Customs and Border Protection.
SEC. 410. MARITIME DOMAIN AWARENESS AND MARITIME SECURITY TECHNOLOGY
TEST, EVALUATION, AND TRANSITION CAPABILITIES.
(a) Global Maritime Domain Awareness and Maritime Security
Technology Test, Evaluation, and Transition Capabilities.--
(1) Establishment.--The Secretary shall establish
capabilities for conducting global maritime domain awareness
and maritime security technology test, evaluation, and
transition, as provided in this subsection.
(2) Purpose.--The purpose of such capabilities shall be
to--
(A) direct technology test, evaluation, and
transition activities in furtherance of border and
maritime security; and
(B) evaluate such technology in diverse
environments including coastal, seaport, and offshore
locations.
(b) Coordination.--The Secretary, acting through the Under
Secretary, shall ensure that--
(1) technology test, evaluation, and transition efforts
funded by the Department in furtherance of border and maritime
security avoid duplication of efforts, reduce unnecessary
redundancies, streamline processes, increase efficiencies, and
otherwise complement existing Department and other efforts in
border and maritime security; and
(2) the results of such efforts are shared with the
appropriate congressional committees and others as determined
appropriate by the Secretary.
SEC. 411. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION.
(a) In General.--Notwithstanding section 302(4) of the Homeland
Security Act of 2002 (6 U.S.C. 182(4)), the Secretary shall require the
Under Secretary, in consultation with other relevant operational
components of the Department, to assess whether the development of
screening capabilities for pandemic influenza and other infectious
diseases should be undertaken by the Directorate to support entry and
exit screening at ports of entry and for other purposes.
(b) Development of Methods.--If the Under Secretary determines that
the development of such screening capabilities should be undertaken,
the Secretary shall, to the extent possible, initiate development of
safe and effective methods to rapidly screen incoming travelers at
ports of entry for pandemic influenza and other infectious diseases.
(c) Collaboration.--In developing methods under subsection (b), the
Secretary may collaborate with other Federal agencies, as appropriate.
SEC. 412. EDUCATING THE PUBLIC ABOUT RADIOLOGICAL THREATS.
(a) Public Awareness Campaign.--The Secretary shall develop a
public awareness campaign to enhance preparedness and collective
response to a radiological attack, including the following:
(1) A clear explanation of the dangers associated with
radioactive materials.
(2) Possible effects of different levels of radiation
exposure, including a clear description of the how radiation
exposure occurs and the amount of exposure necessary to be of
concern.
(3) Actions that members of the public should take
regarding evacuation, personal decontamination, and medical
treatment.
(b) Recovery.--The Secretary shall develop a plan for postevent
recovery from a radiological attack. Such plan shall include the
following:
(1) A definition of the demarcation between response and
recovery from a radiological attack.
(2) Consideration of multiple attack scenarios, including a
worst-case scenario.
(3) Consideration of multiple recovery strategies,
including decontamination, demolition and removal, and
relocation.
(4) Consideration of economic, health, and psychological
effects.
SEC. 413. RURAL RESILIENCE INITIATIVE.
(a) In General.--The Under Secretary shall conduct research
intended to assist State, local, and tribal leaders and the private
sector in developing the tools and methods to enhance preparation for,
and response and resilience to, terrorist events and other incidents.
(b) Included Activities.--Activities under this section may
include--
(1) research and implementation through outreach activities
with rural communities;
(2) an examination of how communities employ resilience
capabilities and response assets;
(3) a community resilience baseline template for
determining the resilience capacity of a rural community;
(4) a plan to address community needs for resilience;
(5) an education program for community leaders and first
responders about their resilience capacity and mechanisms for
mitigation, including via distance learning; and
(6) a mechanism by which this research can serve as a model
for adoption by communities across the Nation.
SEC. 414. SENSE OF CONGRESS REGARDING THE NEED FOR INTEROPERABILITY
STANDARDS FOR INTERNET PROTOCOL VIDEO SURVEILLANCE
TECHNOLOGY.
It is the sense of Congress that--
(1) video surveillance systems that operate over the
Internet are an emerging homeland security technology that has
the potential of significantly improving homeland security
forensic and analytical capability;
(2) to realize the full security benefits of such emerging
homeland security technology, there should be interoperability
standards for such technology;
(3) the Directorate, working with the National Institute of
Standards and Technology and any other appropriate Federal
agencies, should encourage the private sector to develop
interoperability standards for such emerging homeland security
technology; and
(4) such efforts will help the Federal Government, which is
one of the largest users of surveillance technology, in
detecting, deterring, preventing, and responding to terrorist
attacks.
SEC. 415. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is further amended by adding at the end the
following new section:
``SEC. 324. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology, shall establish a fellows
program, to be known as the Homeland Security Science and Technology
Fellows Program, under which the Under Secretary shall facilitate the
temporary placement of scientists in relevant scientific or
technological fields for up to two years in components of the
Department with a need for scientific and technological expertise.
``(b) Utilization of Fellows.--
``(1) In general.--Under the Program, the Under Secretary
may employ fellows--
``(A) for the use of the Directorate of Science and
Technology; or
``(B) for the use of Department components outside
the Directorate, under an agreement with the head of
such a component under which the component will
reimburse the Directorate for the costs of such
employment.
``(2) Responsibilities.--Under such an agreement--
``(A) the Under Secretary shall--
``(i) solicit and accept applications from
individuals who are currently enrolled in
graduate programs, or have received a graduate
degree within 3 years prior to the time of
application in scientific and engineering
fields related to the promotion of securing the
homeland, including--
``(I) biological, chemical,
physical, behavioral, social, health,
medical, and computational sciences;
``(II) geosciences;
``(III) all fields of engineering;
and
``(IV) such other disciplines as
are determined relevant by the
Secretary;
``(ii) screen applicant candidates and
interview them as appropriate to ensure that
they possess the appropriate level of
scientific and engineering expertise and
qualifications;
``(iii) provide a list of qualified
applicants to the heads of Department
components seeking to utilize qualified
fellows;
``(iv) pay financial compensation to such
fellows;
``(v) coordinate with the Chief Security
Officer to facilitate and expedite provision of
security clearances to fellows, as appropriate;
and
``(vi) otherwise administer all aspects of
the fellows' employment with the Department;
and
``(B) the head of the component utilizing the
fellow shall--
``(i) select a fellow from the list of
qualified applicants provided by the Under
Secretary;
``(ii) reimburse the Under Secretary for
the costs of employing the fellow selected; and
``(iii) be responsible for the day-to-day
management of the fellow.
``(c) Applications From Associations.--The Under Secretary may
accept applications under subsection (b)(2)(A) that are submitted by
science or policy associations on behalf of individuals whom such an
association has determined may be qualified applicants under the
program.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to title III the following new item:
``Sec. 324. Homeland Security Science and Technology Fellows
Program.''.
SEC. 416. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY.
(a) In General.--Title III (6 U.S.C. 181 et seq.) is further
amended by adding at the end the following new section:
``SEC. 325. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY PROGRAM.
``(a) In General.--To facilitate equivalent biological threat agent
identification among federally operated biomonitoring programs, the
Under Secretary, in consultation with other relevant Federal agencies,
may implement an assay equivalency program for biological threat
assays.
``(b) Features.--In order to establish assay performance
equivalency to support homeland security and public health security
decisions, the program may--
``(1) evaluate biological threat detection assays, their
protocols for use, and their associated response algorithms for
confirmation of biological threat agents, taking performance
measures and concepts of operation into consideration; and
``(2) develop assay equivalency standards based on the
findings of the evaluation under paragraph (1).
``(c) Update.--The Under Secretary shall update the program as
necessary.
``(d) Implementation.--The Secretary shall--
``(1) require implementation of the standards developed
under subsection (b)(2) for all Department biomonitoring
programs; and
``(2) make such standards available to support all other
Federal biomonitoring programs.
``(e) Assay Defined.--In this section the term `assay' means any
scientific test that is--
``(1) designed to detect the presence of a biological
threat agent; and
``(2) of a type selected under criteria established by the
Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
further amended by adding at the end of the items relating to title III
the following new item:
``Sec. 325. Biological threat agent assay equivalency program.''.
SEC. 417. STUDY OF FEASIBILITY AND BENEFIT OF EXPANDING OR ESTABLISHING
PROGRAM TO CREATE A NEW CYBERSECURITY CAPACITY BUILDING
TRACK AT CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
(a) In General.--Within 90 days of enactment, the Secretary, in
coordination with the National Science Foundation, shall commission a
study by a nonprofit research institution to determine the feasibility
and potential benefit of expanding the Federal Cyber Service
Scholarship for Service Program, or establishing a parallel program, as
methods to create a new cybersecurity or information assurance capacity
building track at institutions of higher education that are not
currently designated as a National Center of Academic Excellence in
Information Assurance Education or a National Center of Academic
Excellence in Research.
(b) Subject Matters.--The study under subsection (a) shall include
examinations of the following:
(1) The feasibility and potential benefit of allowing the
following types of institutions into the existing Federal Cyber
Service program:
(A) Community colleges.
(B) Institutions offering an undergraduate degree,
graduate degree, or post-graduate degree, but do not
qualify under the existing program.
(C) Institutions offering a certificate or
industry-recognized credential.
(2) The feasibility and potential benefit of establishing a
new program modeled after the Federal Cyber Service program to
build capacity at--
(A) community colleges;
(B) institutions offering an undergraduate degree,
graduate degree, or post-graduate degree, but do not
qualify under the existing program; or
(C) institutions offering a certificate or
industry-recognized credential.
(3) The projected extent to which an expansion of the
existing Federal Cyber Service program as described in
paragraph (1) would--
(A) expand the availability of qualified
individuals to work in information assurance and
cybersecurity within the Department and other Federal,
State, local, and tribal agencies, and the private
sector;
(B) encourage institutions of higher education to
develop a new information assurance or cybersecurity
education undergraduate degree programs, graduate
degree programs, or programs conferring a certificate
or industry-recognized credential;
(C) increase the number of students graduating
annually from existing information assurance or
cybersecurity education undergraduate degree programs,
graduate degree programs, or programs conferring a
certificate or industry-recognized credential; or
(D) improve existing information assurance or
cybersecurity education undergraduate degree programs,
graduate degree programs, or programs conferring a
certificate or industry-recognized credential.
(4) The projected extent to which the establishment of a
new program modeled after the Federal Cyber Service program as
described in paragraph (2) would--
(A) expand the availability of qualified
individuals to work in information assurance and
cybersecurity within the Department and other Federal,
State, local, and tribal agencies, and the private
sector;
(B) encourage institutions of higher education to
develop a new information assurance or cybersecurity
education undergraduate degree programs, graduate
degree programs, or programs conferring a certificate
or industry-recognized credential;
(C) increase the number of students graduating
annually from existing information assurance or
cybersecurity education undergraduate degree programs,
graduate degree programs, or programs conferring a
certificate or industry-recognized credential; or
(D) improve existing information assurance or
cybersecurity education undergraduate degree programs,
graduate degree programs, or programs conferring a
certificate or industry-recognized credential.
(c) Report.--Not later than 30 days after receiving the findings of
the study, the Secretary shall transmit the findings, together with any
comments thereon by the Secretary, to the appropriate congressional
committees.
SEC. 418. SENSE OF CONGRESS REGARDING CENTERS OF EXCELLENCE.
It is the sense of Congress that centers of excellence have the
potential--
(1) to be a very useful tool in developing defensive
countermeasures to secure critical infrastructure and prevent
terrorism; and
(2) to play a key role in the Department's efforts to
research and develop new technologies to secure the homeland.
SEC. 419. ASSESSMENT, RESEARCH, TESTING, AND EVALUATION OF TECHNOLOGIES
TO MITIGATE THE THREAT OF SMALL VESSEL ATTACK.
The Under Secretary may--
(1) assess what technologies are available to mitigate the
threat of small vessel attack in secure zones of ports,
including the use of transponders or radio frequency
identification devices to track small vessels; and
(2) conduct research, testing, and evaluation of new
technologies that might be capable of tracking small vessels.
SEC. 420. RESEARCH AND DEVELOPMENT PROJECTS.
Section 831 (6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``2010,'' and inserting
``2012,'';
(2) in subsection (a), by adding at the end the following
new paragraph:
``(3) Prior approval.--In any case in which the Under
Secretary for Science and Technology intends to exercise other
transaction authority, the Under Secretary must receive prior
approval from the Secretary after submitting to the Secretary a
proposal that includes the rationale for why a grant or
contract issued in accordance with the Federal Acquisition
Regulation is not feasible or appropriate and the amount to be
expended for such project. In such a case, the authority for
evaluating the proposal may not be delegated by the Secretary
to anyone other than the Under Secretary for Management.''; and
(3) by redesignating subsection (e) as subsection (i), and
by inserting after subsection (d) the following new
subsections:
``(e) Annual Report on Exercise of Other Transaction Authority.--
``(1) In general.--The Secretary shall submit to the
appropriate congressional committees an annual report on the
exercise of other transaction authority.
``(2) Content.--The report shall include the following:
``(A) The subject areas in which research projects
were conducted using other transaction authority.
``(B) The extent of cost-sharing for such projects
among Federal and non-Federal sources.
``(C) The extent to which use of other transaction
authority has addressed a homeland security capability
gap identified by the Department.
``(D) The total amount of payments, if any, that
were received by the Federal Government as a result of
such exercise of other transaction authority during the
period covered by the report.
``(E) The rationale for using other transaction
authority, including why grants or contracts issued in
accordance with the Federal Acquisition Regulation were
not feasible or appropriate.
``(F) the amount expended for each such project.
``(f) Training.--The Secretary shall develop a training program for
acquisitions staff in the use of other transaction authority to help
ensure the appropriate use of such authority.
``(g) Review Authority.--The exercise of other transaction
authority shall be subject to review by the Comptroller General of the
United States to ensure that an agency is not attempting to avoid the
requirements of procurement statutes and regulations.
``(h) Other Transaction Authority Defined.--In this section the
term `other transaction authority' means authority under subsection
(a).''.
SEC. 421. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.
(a) In General.--The National Urban Security Technology Laboratory
(formerly the Environmental Measurements Laboratory) is authorized
within the Directorate for fiscal years 2011 and 2012.
(b) Responsibilities.--The Under Secretary shall utilize the
National Urban Security Technology Laboratory to test, evaluate, and
analyze homeland security capabilities and serve as a technical
authority to first responders and State and local entities, including
by--
(1) conducting test programs, pilots projects,
demonstrations, and other forms of evaluations of homeland
security technologies both in the field and in the laboratory;
(2) applying knowledge of operational end-user environments
and support for operational integration to technology
development, including--
(A) training;
(B) exercises;
(C) equipment;
(D) tactics;
(E) techniques; and
(F) procedures;
(3) representing interests and requirements between
technology developers and operational end-users; and
(4) supporting development and use of homeland security
equipment and operational standards.
SEC. 422. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.
Section 301 of the Homeland Security Act of 2002 (6 U.S.C. 191) is
amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) There is established within the Department a science and
technology advisory committee (in this section referred to as the
`advisory committee'). The advisory committee shall make
recommendations with respect to the activities of the under secretary
for science and technology, including--
``(1) identifying research areas of potential importance to
the security of the Nation; and
``(2) providing advice in developing and updating the
strategic plan required under section 318.''.
(2) by striking subsection (j).
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Domestic Nuclear
Detection Office of the Department--
(1) $305,840,000 for fiscal year 2011; and
(2) $315,005,000 for fiscal year 2012.
SEC. 502. DOMESTIC NUCLEAR DETECTION OFFICE OVERSIGHT.
(a) Sense of Congress.--It is the sense of Congress that the
Directorate should conduct basic and innovative research and
nondevelopmental testing on behalf of the Domestic Nuclear Detection
Office (in this section referred to as ``DNDO''), in order to advance
next generation nuclear detection technologies.
(b) Internal Review of Project Selection and Evaluation
Methodology.--Not later than 90 days after the date of enactment of
this Act, the Director of the DNDO, the Under Secretary, and the heads
of all operational components of the Department that own, operate, or
maintain nuclear or radiological detection equipment shall begin an
internal review of the methodology by which research, development,
testing, and evaluation is identified, prioritized, and funded within
the Department.
(c) Contents of Review.--In carrying out the review under
subsection (b), the Director of the DNDO shall--
(1) identify the process by which basic and applied
research and operational testing that should be conducted in
concert and under agreement with the Directorate;
(2) describe the roles, responsibilities, common
definitions, standard operating procedures, and decision
process for research, development, testing, and evaluation
activities;
(3) describe and implement a transparent system for
tracking research, development, testing, and evaluation
requirements;
(4) describe and implement a mechanism to provide regular
updates to components of the Department on the progress of such
research;
(5) evaluate the degree to which needs of the operational
components of the Department and State and local first
responders are being adequately addressed by the existing
project selection process, and if not, how such process can be
improved;
(6) establish a method to collect and evaluate Department
component feedback;
(7) utilize departmental matrices and systems to determine
if technologies produced by the Directorate have enhanced the
ability of Department components to perform their missions;
(8) identify appropriate five-year levels of investment in
basic and applied research and development, in particular among
the Department laboratories, federally funded research and
development centers, university-based centers, Department of
Energy national laboratories, and other Federal laboratories;
(9) project balance of use of the entities referred to in
paragraph (8) among the Directorate and other Department
components; and
(10) establish a formal merit review process, with external
peer review where appropriate.
(d) Report.--Not later than one year after the completion of the
review required by subsection (b), the Director of the DNDO shall
submit to the Secretary and the appropriate congressional committees a
report containing the findings of such review, together with
information on the systems, methods, and mechanisms established, and
recommendations for additional improvements.
(e) Updates on Implementation.--One hundred and twenty days after
the date of enactment of this Act, and annually thereafter, the
Inspector General of the Department shall submit to the appropriate
congressional committees an update on the status of implementation of
this section and activities in support of such implementation.
SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS FOR GLOBAL NUCLEAR
DETECTION ARCHITECTURE.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the appropriate congressional committees
a report containing the following:
(1) A strategic plan for the global nuclear detection
architecture to deter and detect the transport of nuclear or
radioactive materials by all means possible, with specific
focus on establishing the goals, objectives, and cost
projections for the next five years, including a discussion
of--
(A) technological and nontechnological methods to
increase detection capabilities;
(B) the preventive nature of the global nuclear
detection architecture, including projected impact on
would-be terrorists;
(C) detection capability enhancements for the
various transportation modes, at ports of entry and
between ports of entry;
(D) balanced risk-based deployment of detection
assets across all border and other pathways; and
(E) any emerging threat vectors identified by the
Director of the Domestic Nuclear Detection Office.
(2) In consultation with the Secretary of Defense, the
Secretary of Energy, the Secretary of State, the Nuclear
Regulatory Commission, the Intelligence Community, and the
Attorney General, an analysis of overall budget allocations
that determines whether Government wide nuclear detection
resources clearly align with identified priorities to maximize
results and minimize duplication of efforts.
SEC. 504. RADIATION PORTAL MONITOR ALTERNATIVES.
(a) Sense of Congress.--It is the sense of Congress that in view of
the Secretary's decision not to certify advanced spectroscopic portal
monitors for primary screening applications because they do not offer a
significant increase in operational effectiveness over existing
technology, the Director must attempt to identify viable alternatives.
(b) Analysis and Report.--The Director of the Domestic Nuclear
Detection Office shall analyze and report to the appropriate
congressional committees by not later than 90 days after the date of
enactment of this Act on both existing and developmental alternatives
to existing radiation portal monitors and advanced spectroscopic portal
monitors that would provide the Department with a significant increase
in operational effectiveness for primary screening for radioactive
materials.
SEC. 505. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.
(a) Findings.--Congress finds the following:
(1) The Securing the Cities Initiative of the Department
uses next generation radiation detection technology to detect
the transport of nuclear and radiological material in urban
areas by terrorists or other unauthorized individuals.
(2) The technology used by partners in the Securing the
Cities Initiative leverages radiation detection technology used
at ports of entry.
(3) The Securing the Cities Initiative has fostered
unprecedented collaboration and coordination among its Federal,
State, and local partners.
(4) The Securing the Cities Initiative is a critical
national capability to detect the dangerous introduction of
nuclear and radiological material.
(b) Authorization of Appropriations.--Of amounts authorized by
section 501, there is authorized to be appropriated to the Director of
the Domestic Nuclear Detection Office of the Department for the
Securing the Cities Initiative such sums as may be necessary for each
of fiscal years 2011 and 2012, including--
(1) for each city in which it has been implemented by
fiscal year 2009--
(A) $20,000,000 for fiscal year 2011; and
(B) $10,000,000 for fiscal year 2012; and
(2) for additional Securing the Cities initiatives to be
implemented in not fewer than 2 sites participating in the
Urban Area Security Initiative, such sums as may be necessary
each fiscal year to implement and sustain each additional
initiative.
TITLE VI--CLARIFYING AMENDMENTS
SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
Section 305 (6 U.S.C. 184) is amended--
(1) by inserting ``(a) Establishment.--'' before the first
sentence; and
(2) by adding at the end the following new subsections:
``(b) Congressional Tasking.--Upon a request of the chairman and
the ranking minority member of an appropriate congressional committee,
a federally funded research and development center established under
this section may perform independent analysis of homeland security
issues and report its findings to the appropriate congressional
committees and the Secretary.
``(c) Congressional Oversight.--Federally funded research and
development centers established under this section are encouraged, upon
request of the chairman and the ranking minority member of an
appropriate congressional committee, to provide to the committee a copy
of any report it produces for the Department or any of its components.
``(d) Conflicts of Interest.--The Secretary shall review and
revise, as appropriate, the policies of the Department relating to
personnel conflicts of interest to ensure that such policies
specifically address employees of federally funded research and
development centers established under this section who are in a
position to make or materially influence research findings or agency
decisionmaking.
``(e) Annual Reports.--Each federally funded research and
development center established under this section shall transmit to the
Secretary and appropriate congressional committees an annual report on
the activities of the center.''.
SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTITUTE.
(a) Repeal.--Section 312 (6 U.S.C. 192) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by striking the item relating to such section.
SEC. 603. GAO STUDY OF THE IMPLEMENTATION OF THE STATUTORY RELATIONSHIP
BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF ENERGY
NATIONAL LABORATORIES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study to assess the implementation of the
statutory relationship between the Department and the
Department of Energy national laboratories, as established by
section 309(a)(2) of the Homeland Security Act of 2002 (6
U.S.C. 189(a)(2)); and
(2) submit recommendations to the appropriate congressional
committees for appropriate improvements to such relationship.
(b) Study Subjects.--The study shall include the following:
(1) Review of how the Department and the Department of
Energy national laboratories--
(A) communicate needs and capabilities; and
(B) select projects to be performed by the
Department of Energy national laboratories under such
statutory relationship.
(2) Review of contracting mechanisms that the Department
and the Department of Energy national laboratories use to
initiate and track work under such statutory relationship.
(3) Review of the fraction of Department of Energy national
laboratory work performed for the Department under such
statutory relationship, compared to other Department of Energy
national laboratory work performed for the Department on a
``work for others'' basis.
(4) Review the cost savings identified by the Department
and the Department of Energy achieved through use of such
statutory relationship, compared to other Department of Energy
national laboratory work performed for the Department on a
``work for others'' basis.
SEC. 604. TECHNICAL CHANGES.
Section 1902 of the Homeland Security Act (6 U.S.C. 592) is amended
by--
(1) striking paragraph (6); and
(2) redesignating paragraphs (7) through (14) as paragraphs
(6) through (13), respectively.
TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND
ELECTRONIC INFRASTRUCTURES
SEC. 701. COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND
ELECTRONIC INFRASTRUCTURES.
(a) Establishment.--There is established the Commission on the
Protection of Critical Electric and Electronic Infrastructures (in this
section referred to as the ``Commission'').
(b) Purposes.--
(1) In general.--The purposes of the Commission are to--
(A) assess vulnerabilities of electric and
electronic infrastructures, including--
(i) all components of the United States
electric grid, including electricity
generation, transmission, distribution and
metering; and
(ii) all computerized control systems used
in all United States critical infrastructure
sectors;
(B) provide a clear and comprehensive strategy and
specific recommendations for protecting these critical
electric and electronic infrastructures; and
(C) test, evaluate, and report on specific
mitigation protection and recovery devices or methods.
(2) In particular.--The Commission shall give particular
attention to threats that can disrupt or damage critical
electric and electronic infrastructures, including--
(A) cyber attacks or unintentional cyber
disruption;
(B) electromagnetic phenomena such as
geomagnetically induced currents, intentional
electromagnetic interference, and electromagnetic
pulses caused by nuclear weapons; and
(C) other physical attack, act of nature, or
accident.
(c) Composition of Commission.--
(1) Members.--The Commission shall be composed of 9
members, of whom--
(A) 1 member shall be appointed by the Chairman of
the House of Representatives Committee on Homeland
Security;
(B) 1 member shall be appointed by the ranking
minority member of the House of Representatives
Committee on Homeland Security;
(C) 1 member shall be appointed by the Chairman of
the House of Representatives Committee on Energy and
Commerce;
(D) 1 member shall be appointed by the ranking
minority member of the House of Representatives
Committee on Energy and Commerce;
(E) 1 member shall be appointed by the Chairman of
the Senate Committee on Homeland Security and
Governmental Affairs;
(F) 1 member shall be appointed by the ranking
minority member of the Senate Committee on Homeland
Security and Governmental Affairs;
(G) 1 member shall be appointed by the Chairman of
the Senate Committee on Energy and Natural Resources;
(H) 1 member shall be appointed by the ranking
minority member of the Senate Committee on Energy and
Natural Resources; and
(I) 1 member who shall serve as the Chairman of the
Commission, and who shall be appointed by the Speaker
of the House of Representatives with the concurrence of
the President Pro Tempore of the Senate.
(2) Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should have significant
depth of experience in electric and electronic infrastructures,
their function, and their protection, as well as the threats to
these infrastructures as identified in subsection (b)(2).
(3) Deadline for appointment.--All members of the
Commission shall be appointed within 30 days after the date of
enactment of this Act.
(4) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(5) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(d) Responsibilities of Commission.--The Commission shall address--
(1) the quantification of the threats identified in
subsection (b)(2) to the United States electric and electronic
infrastructure, and a cost-benefit analysis of possible
protection and recovery strategies;
(2) the roles, missions, and structure of all relevant
Federal, State, and local government departments and agencies
with responsibilities for ensuring protection and reliability
for electric and electronic infrastructures;
(3) the roles, missions, and structure of all relevant
private sector entities with responsibilities for ensuring
protection and reliability for electric and electronic
infrastructures;
(4) inter-agency coordination between and among the
entities identified in paragraphs (2) and (3); and
(5) recommendations for protections and recovery devices
and measures.
(e) Powers of Commission.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this section,
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer such
oaths as the Commission or such designated subcommittee or
designated member may determine advisable.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, enter into
contracts to enable the Commission to discharge its duties
under this subtitle.
(3) Staff of commission.--
(A) Appointment and compensation.--The Chairman of
the Commission, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of
a staff director and such other personnel as may be
necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that
payable for a position at level I of the Executive
Schedule under section 5316 of title 5, United States
Code.
(B) Personnel as federal employees.--
(i) In general.--The executive director and
any employees of the Commission shall be
employees under section 2105 of title 5, United
States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(ii) Members of commission.--Subparagraph
(A) shall not be construed to apply to members
of the Commission.
(C) Detailees.--Any Federal Government employee may
be detailed to the Commission without reimbursement
from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
(D) Consultant services.--The Commission may
procure the services of experts and consultants in
accordance with section 3109 of title 5, United States
Code, but at rates not to exceed the daily rate paid a
person occupying a position at level I of the Executive
Schedule under section 5315 of title 5, United States
Code.
(E) Security clearances.--The Chairman shall place
an emphasis on hiring and retaining employees,
contractors, and detailees with active security
clearances. For employees who do not have security
clearances but are determined by the Chairman to need
them, the Central Intelligence Agency, Department of
Energy, Department of Defense, and any other relevant
agency shall expedite the necessary clearance
processes.
(F) Former emp commission staff and resources.--The
Chairman may make use of any existing and viable staff
and resources previously employed by the Commission to
Assess the Threat to the United States from
Electromagnetic Pulse Attack established by section
1401 of Public Law 106-398 (114 Stat. 1654A-345).
(4) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information,
suggestions, estimates, and statistics for the purposes
of this section. Each department, bureau, agency,
board, commission, office, independent establishment,
or instrumentality shall, to the extent authorized by
law, furnish such information, suggestions, estimates,
and statistics directly to the Commission, upon request
made by the Chairman, the chairman of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission.
(B) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(5) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis and as necessary,
administrative support and other services for the
performance of the Commission's functions.
(B) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(6) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(7) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(f) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate;
(2) release public versions of the report required under
subsection (g); and
(3) conduct any public hearing in a manner consistent with
the protection of sensitive or classified information provided
to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
(g) Report.--Not later than 180 days after the appointment of the
Commission, and annually thereafter, the Commission shall submit to the
President and Congress a report containing such findings, conclusions,
and recommendations for protection and recovery measures for electric
and electronic infrastructures as have been agreed to by a majority of
Commission members.
(h) Funding.--Of the amounts authorized by section 101, there is
authorized to be appropriated for the activities of the Commission
under this section--
(1) $4,000,000 for fiscal year 2011; and
(2) $4,000,000 for fiscal year 2012.
TITLE VIII--BORDER SECURITY TECHNOLOGY INNOVATION
SEC. 801. ENSURING RESEARCH ACTIVITIES OF THE DEPARTMENT OF HOMELAND
SECURITY INCLUDE APPROPRIATE CONCEPTS OF OPERATION.
The Under Secretary shall ensure that any Federal Government
interagency or intra-agency agreement entered into by the Under
Secretary to develop and transition new technology explicitly
characterizes the requirements, expected use, and concept of operations
for that technology, including--
(1) the manpower needed to effectively operate the
technology;
(2) the expected training requirements; and
(3) the expected operations and maintenance costs.
SEC. 802. REPORT ON BASIC RESEARCH NEEDS FOR BORDER AND MARITIME
SECURITY.
Not later than 6 months after the date of enactment of this Act,
the Under Secretary shall enter into an arrangement with the National
Research Council for a one-year assessment of the basic science
research needs in the border and maritime security domain. The
assessment shall include consideration of--
(1) detection, tracking, and identification technologies
for cargo and people;
(2) personal protective equipment;
(3) document security and authentication technologies;
(4) nonradiological advanced screening technologies at
ports of entry; and
(5) technologies for real time tactical scene awareness.
SEC. 803. INCORPORATING UNMANNED AERIAL VEHICLES INTO BORDER AND
MARITIME AIRSPACE.
(a) Research and Development.--The Secretary and the Director of
the Joint Planning and Development Office shall research and develop
technologies to permit routine operation of unmanned aerial vehicles,
including autonomously piloted drones, within the national airspace for
border and maritime security missions without any degradation of
existing levels of safety for all national airspace system users.
(b) Pilot Projects.--The Secretary shall coordinate with the
Administrator of the Federal Aviation Administration and the Director
of the Joint Planning Office to enter into pilot projects in sparsely
populated, low-density Class G air traffic airspace to conduct
experiments and collect data in order to accelerate the safe
integration of unmanned aircraft systems into the national airspace
system as part of research activities of the Joint Planning and
Development Office.
SEC. 804. ESTABLISHING A RESEARCH PROGRAM IN TUNNEL DETECTION.
(a) Research and Development.--The Under Secretary shall research
and develop technologies to permit detection of near surface voids,
such as tunnels, with an emphasis on technologies with real time
capability.
(b) Coordination.--The Secretary shall coordinate with other
appropriate Federal agencies, including the Department of Defense and
the United States Geological Survey, and ensure the integration of
activities under subsection (a) with relevant efforts of such other
agencies and the Department's Centers of Excellence Program.
SEC. 805. RESEARCH IN DOCUMENT SECURITY AND AUTHENTICATION
TECHNOLOGIES.
(a) Establishment of Program.--The Under Secretary, in coordination
with the Director of the National Institute of Standards and
Technology, shall conduct a research and development program on
document security, validation, and authentication technologies and
standards. The program may include assessment or development of
imitation-resistant and tamper-resistant documentation, imitation-
resistant or tamper-resistant devices, document validation and
authentication technologies, and document identification standards.
(b) Coordination.--In carrying out the program in subsection (a),
the Under Secretary shall coordinate with other Federal agencies
engaged in similar activities, including Immigration and Customs
Enforcement, the Department of State, the Department of Defense, the
United States Coast Guard, and the Department of Justice.
(c) Report to Congress.--Not later than 12 months after the date of
enactment of this Act, the Under Secretary and the Director of the
National Institute of Standards and Technology shall provide to the
Committee on Homeland Security and the Committee on Science and
Technology of the House of Representatives, and the Committee on
Homeland Security and Government Affairs of the Senate, a report
detailing the actions taken by the Under Secretary and the Director
under this section.
SEC. 806. STUDY ON GLOBAL POSITIONING SYSTEM TECHNOLOGIES.
(a) In General.--The Under Secretary shall conduct a study of the
need for next generation global positioning system technology as it
relates to border security, including--
(1) conducting an analysis of the frequency of unintended
border crossings and the capability of global positioning
system technologies to address unintended border crossings by
government personnel;
(2) undertaking an examination of the potential end user
requirements for global positioning system technologies,
including cost limitations, accessibility, and reliability; and
(3) developing recommendations for potential near-term and
long-term research, development, testing, and evaluation of
border security-focused global positioning technologies.
(b) Consultation.--In conducting the study under subsection (a),
the Under Secretary shall consult with U.S. Customs and Border
Protection, the National Institute of Standards and Technology and
appropriate Federal, State, and local law enforcement officials.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Under Secretary shall report to Congress the findings of
the study conducted under this section.
SEC. 807. STUDY OF MOBILE BIOMETRIC TECHNOLOGIES AT THE BORDER.
(a) In General.--The Under Secretary, in coordination with the
Commissioner of United States Customs and Border Protection, shall
establish a research program on the use of mobile biometric technology
at the Nation's borders between the ports of entry, including--
(1) conducting an analysis of existing mobile biometric
technologies and the extent to which they can be deployed in
Border Patrol agents' vehicles and used at the border, in terms
of operability, reliability, cost, and overall benefit to
border operations;
(2) undertaking an examination of the potential end-user
requirements of mobile biometric technology by the Border
Patrol and other relevant end-users;
(3) developing recommendations for addressing capability
gaps in mobile biometric technologies; and
(4) examining the feasibility of implementing a pilot
program for use of mobile biometric technologies at the border.
(b) Consultation.--In conducting the research program under
subsection (a), the Under Secretary shall consult the National
Institute of Standards and Technology, other appropriate Federal
agencies, and appropriate Federal, State, and local law enforcement
officials.
(c) Coordination.--The Secretary shall ensure that the research
program is coordinated with other biometric identification programs
within the Department.
(d) Report.--Not later than 6 months after the date of enactment of
this Act, the Under Secretary shall transmit to Congress a report on
the findings of the research program conducted under this section.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
Of the amount authorized by section 101 of this Act, such sums as
may be necessary are authorized to be appropriated to carry out this
title.
Passed the House of Representatives July 20, 2010.
Attest:
Clerk.
111th CONGRESS
2d Session
H. R. 4842
_______________________________________________________________________
AN ACT
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.