```

[House Report 111-486]
[From the U.S. Government Publishing Office]

111th Congress                                            Rept. 111-486
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
   HOMELAND SECURITY SCIENCE AND TECHNOLOGY AUTHORIZATION ACT OF 2010

                                _______
                                

                  May 18, 2010.--Ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4842]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 4842) to authorize appropriations for the 
Directorate of Science and Technology of the Department of 
Homeland Security for fiscal years 2011 and 2012, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    24
Background and Need for Legislation..............................    24
Hearings.........................................................    25
Committee Consideration..........................................    26
Committee Votes..................................................    29
Committee Oversight Findings.....................................    29
New Budget Authority, Entitlement Authority, and Tax Expenditures    31
Congressional Budget Office Estimate.............................    31
Statement of General Performance Goals and Objectives............    32
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    33
Federal Mandates Statement.......................................    33
Advisory Committee Statement.....................................    33
Constitutional Authority Statement...............................    33
Applicability to Legislative Branch..............................    33
Section-by-Section Analysis of the Legislation...................    33
Changes in Existing Law Made by the Bill, as Reported............    49

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Homeland Security Science and 
Technology Authorization Act of 2010''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. References.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.

                TITLE II--MANAGEMENT AND ADMINISTRATION

Sec. 201. Research prioritization and requirements; professional 
development; milestones and feedback.
Sec. 202. Testing, evaluation, and standards.
Sec. 203. Peer review.
Sec. 204. Office of Public-Private Partnerships.

                           TITLE III--REPORTS

Sec. 301. Directorate of Science and Technology strategic plan.
Sec. 302. Report on technology requirements.
Sec. 303. Report on venture capital organization.

        TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS

Sec. 401. Limitations on research.
Sec. 402. University-based centers.
Sec. 403. Review of university-based centers.
Sec. 404. Cybersecurity research and development.
Sec. 405. National Research Council study of cybersecurity incentives.
Sec. 406. Research on cyber compromise of infrastructure.
Sec. 407. Dual-use terrorist risks from synthetic genomics.
Sec. 408. Underwater tunnel security demonstration project.
Sec. 409. Threats research and development.
Sec. 410. Maritime domain awareness and maritime security technology 
test, evaluation, and transition capabilities.
Sec. 411. Rapid biological threat detection and identification.
Sec. 412. Educating the public about radiological threats.
Sec. 413. Rural resilience initiative.
Sec. 414. Sense of Congress regarding the need for interoperability 
standards for Internet protocol video surveillance technology.
Sec. 415. Homeland Security Science and Technology Fellows Program.
Sec. 416. Biological threat agent assay equivalency.
Sec. 417. Study of feasibility and benefit of expanding or establishing 
program to create a new cybersecurity capacity building track at 
certain institutions of higher education.
Sec. 418. Sense of Congress regarding centers of excellence.
Sec. 419. Assessment, research, testing, and evaluation of technologies 
to mitigate the threat of small vessel attack.
Sec. 420. Research and development projects.
Sec. 421. National Urban Security Technology Laboratory.

               TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 501. Authorization of appropriations.
Sec. 502. Domestic Nuclear Detection Office oversight.
Sec. 503. Strategic plan and funding allocations for global nuclear 
detection architecture.
Sec. 504. Radiation portal monitor alternatives.
Sec. 505. Authorization of Securing the Cities Initiative.

                    TITLE VI--CLARIFYING AMENDMENTS

Sec. 601. Federally funded research and development centers.
Sec. 602. Elimination of Homeland Security Institute.
Sec. 603. GAO study of the implementation of the statutory relationship 
between the Department and the Department of Energy national 
laboratories.

   TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND 
                       ELECTRONIC INFRASTRUCTURES

Sec. 701. Commission on the Protection of Critical Electric and 
Electronic Infrastructures.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' means the Committee on 
        Homeland Security of the House of Representatives and any 
        committee of the House of Representatives or the Senate having 
        legislative jurisdiction under the rules of the House of 
        Representatives or Senate, respectively, over the matter 
        concerned.
          (2) Department.--The term ``Department'' means the Department 
        of Homeland Security.
          (3) Directorate.--The term ``Directorate'' means the 
        Directorate of Science and Technology of the Department.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security.
          (5) Under secretary.--The term ``Under Secretary'' means the 
        Under Secretary for Science and Technology of the Department.

SEC. 4. REFERENCES.

  Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision, the reference shall be considered to be made to a 
provision of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Under Secretary 
$1,121,664,000 for fiscal year 2011 and $1,155,313,920 for fiscal year 
2012 for the necessary expenses of the Directorate.

                TITLE II--MANAGEMENT AND ADMINISTRATION

SEC. 201. RESEARCH PRIORITIZATION AND REQUIREMENTS; PROFESSIONAL 
                    DEVELOPMENT; MILESTONES AND FEEDBACK.

  (a) In General.--Subtitle D of title II (6 U.S.C. 161 et seq.) is 
amended--
          (1) in the subtitle heading, by striking ``Office of'';
          (2) in the heading for section 231, by inserting ``OF SCIENCE 
        AND TECHNOLOGY'' after ``OFFICE''; and
          (3) by adding at the end the following new sections:

``SEC. 238. RESEARCH PRIORITIZATION AND REQUIREMENTS.

  ``(a) Requirement.--The Secretary shall--
          ``(1) by not later than 180 days after the date of enactment 
        of this section, establish requirements for how basic and 
        applied homeland security research shall be identified, 
        prioritized, funded, tasked, and evaluated by the Directorate 
        of Science and Technology, including the roles and 
        responsibilities of the Under Secretary for Science and 
        Technology, the Under Secretary for Policy, the Under Secretary 
        for Management, the Director of the Office of Risk Management 
        and Analysis, and the heads of operational components of the 
        Department; and
          ``(2) to the greatest extent possible, seek to publicize the 
        requirements for the purpose of informing the Federal, State, 
        and local governments, first responders, and the private 
        sector.
  ``(b) Contents.--In the requirements, the Secretary shall--
          ``(1) identify the Directorate of Science and Technology's 
        customers within and outside of the Department;
          ``(2) describe the risk formula and risk assessment tools 
        that the Department considers to identify, prioritize, and fund 
        homeland security research projects;
          ``(3) describe the considerations to be used by the 
        Directorate to task projects to research entities, including 
        the national laboratories, federally funded research and 
        development centers, and university-based centers;
          ``(4) describe the protocols to be used to assess off-the-
        shelf technology to determine if an identified homeland 
        security capability gap can be addressed through the 
        acquisition process instead of commencing research and 
        development of technology to address that capability gap;
          ``(5) describe the processes to be used by the Directorate to 
        strengthen first responder participation in identifying and 
        prioritizing homeland security technological gaps by--
                  ``(A) soliciting feedback from appropriate national 
                associations and advisory groups representing the first 
                responder community and first responders within the 
                components of the Department;
                  ``(B) establishing and promoting a publicly 
                accessible portal to allow the first responder 
                community to help the Directorate develop homeland 
                security research and development goals; and
                  ``(C) establishing a mechanism to publicize the 
                Department's funded and unfunded homeland security 
                technology priorities; and
          ``(6) include such other requirements, policies, and 
        practices as the Secretary considers necessary.
  ``(c) Activities in Support of the Research Prioritization and 
Requirements.--Not later than one year after the date of the issuance 
of the requirements, the Secretary shall--
          ``(1) establish, through the Under Secretary for Science and 
        Technology and Under Secretary for Management, a mandatory 
        workforce program for the Directorate's customers in the 
        Department to better identify and prioritize homeland security 
        capability gaps that may be addressed by a technological 
        solution based on the assessment required under section 
        239(a)(2);
          ``(2) establish a system to collect feedback from customers 
        of the Directorate on the performance of the Directorate, that 
        includes metrics for measuring customer satisfaction and the 
        usefulness of any technology or service provided by the 
        Directorate; and
          ``(3) any other activities that the Secretary considers to be 
        necessary to implement the requirements.
  ``(d) Quarterly Updates on Implementation.--One hundred and twenty 
days after the date of enactment of this section, and on a quarterly 
basis thereafter, the Inspector General of the Department shall submit 
a quarterly update to the appropriate congressional committees on the 
status of implementation of the research prioritization and 
requirements and activities in support of such requirements.
  ``(e) Risk Analysis.--In carrying out subsection (b)(2), the 
Secretary shall--
          ``(1) submit to the appropriate congressional committees by 
        not later than one year after the date of enactment of this 
        subsection and annually thereafter--
                  ``(A) a national-level risk assessment, describing 
                and prioritizing the greatest risks to the homeland, 
                that includes vulnerability studies, asset values 
                (including asset values for intangible assets), 
                estimated rates of occurrence, countermeasures 
                employed, loss expectancy, cost/benefit analyses, and 
                other practices generally associated with producing a 
                comprehensive risk analysis;
                  ``(B) an analysis of the Directorate's approach to 
                mitigating the homeland security risks identified under 
                subparagraph (A) through basic and applied research, 
                development, demonstration, testing, and evaluation 
                activities;
                  ``(C) an analysis, based on statistics and metrics, 
                of the effectiveness of the Directorate in reducing the 
                homeland security risks identified under subparagraph 
                (A) through the deployment of homeland security 
                technologies researched or developed by the 
                Directorate;
                  ``(D) recommendations for how the Directorate should 
                modify or amend its research and development activities 
                in order to reduce the risks to the homeland identified 
                under subparagraph (A);
                  ``(E) a description of how the analysis required 
                under subparagraph (A) shall be used to inform, guide, 
                and prioritize the Department's homeland security 
                research and development activities; and
                  ``(F) a description of input from other relevant 
                Federal, State, or local agencies and relevant private 
                sector entities in conducting the risk analysis 
                required by subparagraph (A); and
          ``(2) conduct research and development on ways to most 
        effectively communicate information regarding the risks 
        identified under paragraph (1) to the media as well as directly 
        to the public, both on an ongoing basis and during a terrorist 
        attack or other incident.
  ``(f) Report on HSARPA Activities.--
          ``(1) In general.--Consistent with the Federal Acquisition 
        Regulation and any other relevant Federal requirements, not 
        later than 60 days after the date of enactment of this 
        subsection and annually thereafter, the Secretary shall submit 
        a report to the appropriate congressional committees containing 
        the research, development, testing, evaluation, prototyping, 
        and deployment activities undertaken by the Homeland Security 
        Advanced Research Projects Agency during the previous fiscal 
        year, including funds expended for such activities in the 
        previous fiscal year.
          ``(2) Contents.--For each activity undertaken, the report 
        shall--
                  ``(A) describe the corresponding risk analysis 
                performed by the Department that supports the decision 
                to undertake that activity; and
                  ``(B) describe the efforts made to transition that 
                activity into a Federal, State, or local acquisition 
                program.
          ``(3) Additional activities.--The Secretary shall include in 
        each report a description of each proposal that was reviewed in 
        the period covered by the report by the Director of the 
        Homeland Security Advanced Research Projects Agency under 
        section 313(d)(3), including a statement of whether the 
        proposal received a grant, cooperative agreement, or contract 
        from the Director.

``SEC. 239. PROFESSIONAL DEVELOPMENT.

  ``(a) Reporting Requirement.--Sixty days before establishing the 
mandatory workforce program as required by section 238(c)(1), the 
Secretary shall report to the appropriate congressional committees on 
the following:
          ``(1) A description of how homeland security technological 
        requirements are developed by the Directorate of Science and 
        Technology's customers within the Department.
          ``(2) An assessment of whether Department employees receive 
        adequate and appropriate job training to allow them to 
        identify, express, and prioritize homeland security capability 
        gaps.
          ``(3) A plan for how the Directorate, in coordination with 
        the Domestic Nuclear Detection Office and other Department 
        components, can enhance and improve technology requirements 
        development and the technology acquisition process, to 
        accelerate the delivery of effective, suitable technologies 
        that meet performance requirements and appropriately address an 
        identified homeland security capability gap.
          ``(4) An assessment of whether Congress should authorize, in 
        addition to the program required under section 238(c)(1), a 
        training program for Department employees to be trained in 
        requirements writing and acquisition, that--
                  ``(A) is prepared in consultation with the Department 
                of Veterans Affairs Acquisition Academy and the Defense 
                Acquisition University; and
                  ``(B) if the Secretary determines that such 
                additional training should be authorized by Congress, 
                includes specification about--
                          ``(i) the type, skill set, and job series of 
                        Department employees who would benefit from 
                        such training, including an estimate of the 
                        number of such employees;
                          ``(ii) a suggested curriculum for the 
                        training;
                          ``(iii) the type and skill set of educators 
                        who could most effectively teach those skills;
                          ``(iv) the length and duration of the 
                        training;
                          ``(v) the advantages and disadvantages of 
                        training employees in a live classroom, or 
                        virtual classroom, or both;
                          ``(vi) cost estimates for the training; and
                          ``(vii) the role of the Directorate in 
                        supporting the training.
  ``(b) Use of Research and Development Center.--The Secretary is 
encouraged to use a federally funded research and development center to 
assist the Secretary in carrying out the requirements of this section.

``SEC. 240. TRACKING SYSTEMS, RESEARCH MILESTONES, AND CUSTOMER 
                    FEEDBACK.

  ``(a) In General.--In establishing a system to collect feedback under 
section 238(c)(2), the Secretary shall--
          ``(1) establish a system to monitor and account for homeland 
        security research milestones;
          ``(2) create a formal process for collecting feedback from 
        customers on the effectiveness of the technology or services 
        delivered by Directorate of Science and Technology, including 
        through randomized sampling, focus groups, and other methods as 
        appropriate; and
          ``(3) establish standards and performance measures to be met 
        by the Directorate in order to provide high-quality customer 
        service.
  ``(b) System.--The system established under subsection (a)(1) shall 
identify and account for research milestones to monitor the progress of 
Directorate of Science and Technology research, development, testing, 
and evaluation activities, and collect information from the 
Directorate's customers about their level of satisfaction with the 
performance of the Directorate, including by--
          ``(1) allowing the Directorate to provide regular reports to 
        its customers regarding the status and progress of research 
        efforts of the Directorate;
          ``(2) collecting and evaluating customer feedback;
          ``(3) allowing the Secretary to evaluate how a technology or 
        service produced as a result of the Directorate's programs has 
        affected homeland security capability gaps; and
          ``(4) allowing the Secretary to report the number of products 
        and services developed by the Directorate that have been 
        transitioned into acquisition programs.
  ``(c) Guidance.--The Under Secretary for Science and Technology shall 
publicize and implement guidance for homeland security researchers 
funded by the Directorate on setting valid initial and subsequent 
research milestones.
  ``(d) Report.--The Under Secretary shall submit a report to the 
appropriate congressional committees--
          ``(1) by not later than one year after the date of enactment 
        of this section identifying what actions have been taken to 
        carry out the requirements of this section; and
          ``(2) annually thereafter describing--
                  ``(A) research milestones for each large project with 
                a Federal cost share greater than $80,000,000 that has 
                been successfully met and missed, including for each 
                missed milestone, an explanation of why the milestone 
                was missed; and
                  ``(B) customer feedback collected and the success of 
                the Directorate in meeting the customer service 
                performance measures and standards, including an 
                evaluation of the effectiveness of the technology or 
                services delivered by the Directorate.''.
  (b) Clerical Amendments.--The table of contents in section 1(b) is 
amended in the items relating to subtitle D of title II--
          (1) in the item relating to the heading for the subtitle, by 
        striking ``Office of'';
          (2) in the item relating to section 231, by striking 
        ``office'' and inserting ``Office of Science and Technology''; 
        and
          (3) by adding at the end the following new items:

``Sec. 238. Research prioritization and requirements.
``Sec. 239. Professional development.
``Sec. 240. Tracking systems, research milestones, and customer 
feedback.''.

SEC. 202. TESTING, EVALUATION, AND STANDARDS.

  Section 308 (6 U.S.C. 188) is amended by adding at the end of the 
following new subsection:
  ``(d) Test, Evaluation, and Standards Division.--
          ``(1) Establishment.--There is established in the Directorate 
        of Science and Technology a Test, Evaluation, and Standards 
        Division.
          ``(2) Director.--The Test, Evaluation, and Standards Division 
        shall be headed by a Director of Test, Evaluation, and 
        Standards, who shall be appointed by the Secretary and report 
        to the Under Secretary for Science and Technology.
          ``(3) Responsibilities, authorities, and functions.--The 
        Director of Test, Evaluation, and Standards--
                  ``(A) is the principal adviser to the Secretary, the 
                Under Secretary of Management, and the Under Secretary 
                for Science and Technology on all test and evaluation 
                or standards activities in the Department; and
                  ``(B) shall--
                          ``(i) prescribe test and evaluation policies 
                        for the Department, which shall include 
                        policies to ensure that operational testing is 
                        done at facilities that already have relevant 
                        and appropriate safety and material 
                        certifications to the extent such facilities 
                        are available;
                          ``(ii) oversee and ensure that adequate test 
                        and evaluation activities are planned and 
                        conducted by or on behalf of components of the 
                        Department in major acquisition programs of the 
                        Department, as designated by the Secretary, 
                        based on risk, acquisition level, novelty, 
                        complexity, and size of the acquisition 
                        program, or as otherwise established in 
                        statute;
                          ``(iii) review major acquisition program test 
                        reports and test data to assess the adequacy of 
                        test and evaluation activities conducted by or 
                        on behalf of components of the Department; and
                          ``(iv) review available test and evaluation 
                        infrastructure to determine whether the 
                        Department has adequate resources to carry out 
                        its testing and evaluation responsibilities, as 
                        established under this title.
          ``(4) Deputy director of operational test and evaluation.--
        Within the Division there shall be a Deputy Director of 
        Operational Test and Evaluation, who--
                  ``(A) is the principal operational test and 
                evaluation official for the Department; and
                  ``(B) shall--
                          ``(i) monitor and review the operational 
                        testing and evaluation activities conducted by 
                        or on behalf of components of the Department in 
                        major acquisition programs of the Department, 
                        as designated by the Secretary, based on risk, 
                        acquisition level, novelty, complexity, and 
                        size of the acquisition program, or as 
                        otherwise established in statute;
                          ``(ii) provide the Department with 
                        independent and objective assessments of the 
                        adequacy of testing and evaluation activities 
                        conducted in support of major acquisitions 
                        programs; and
                          ``(iii) have prompt and full access to test 
                        and evaluation documents, data, and test 
                        results of the Department that the Deputy 
                        Director considers necessary to review in order 
                        to carry out the duties of the Deputy Director 
                        under this section.
          ``(5) Standards executive.--Within this Division, there shall 
        be a Standards Executive as described in Office of Management 
        and Budget Circular A-119. The Standards Executive shall--
                  ``(A) implement the Department's standards policy as 
                described in section 102(g); and
                  ``(B) support the development and adoption of 
                voluntary standards in accordance with section 12(d) of 
                the National Technology Transfer and Advancement Act of 
                1995 (15 U.S.C. 272 note).
          ``(6) Limitation.--The Division is not required to carry out 
        operational testing.
          ``(7) Evaluation of department of defense technologies.--The 
        Director of Test, Evaluation, and Standards may evaluate 
        technologies currently in use or being developed by the 
        Department of Defense to assess whether they can be leveraged 
        to address homeland security capability gaps.''.

SEC. 203. PEER REVIEW.

  (a) Responsibilities and Authorities of the Under Secretary.--Section 
302 (6 U.S.C. 183) is amended by striking ``and'' after the semicolon 
at the end of paragraph (13), by striking the period at the end of 
paragraph (14) and inserting ``; and'', and by adding at the end the 
following new paragraph:
          ``(15) developing and overseeing the administration of 
        guidelines for peer review of research and development 
        projects, including by--
                  ``(A) consulting with experts, including scientists 
                and practitioners, about the research and development 
                conducted by the Directorate of Science and Technology; 
                and
                  ``(B) performing ongoing independent, external, 
                scientific peer review--
                          ``(i) initially at the division level; or
                          ``(ii) when divisions conduct multiple 
                        programs focused on significantly different 
                        subjects, at the program level.''.
  (b) Report.--The Secretary shall report to Congress not later than 60 
days after the completion of the first review under section 302(15)(B) 
of the Homeland Security Act of 2002, as amended by subsection (a) of 
this section on--
          (1) the findings of the review; and
          (2) any future efforts to ensure that the Department's 
        research projects are peer reviewed, as appropriate.

SEC. 204. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.

  (a) Establishment.--Section 313 (6 U.S.C. 193) is amended to read as 
follows:

``SEC. 313. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.

  ``(a) Establishment of Office.--There is established an Office of 
Public-Private Partnerships in the Directorate of Science and 
Technology.
  ``(b) Director.--The Office shall be headed by a Director, who shall 
be appointed by the Secretary. The Director shall report to the Under 
Secretary for Science and Technology.
  ``(c) Responsibilities.--The Director, in coordination with the 
Private Sector Office of the Department, shall--
          ``(1) engage and initiate proactive outreach efforts and 
        provide guidance on how to pursue proposals to develop or 
        deploy homeland security technologies (including regarding 
        Federal funding, regulation, or acquisition), including to 
        persons associated with small businesses (as that term is 
        defined in the Small Business Act (15 U.S.C. 631 et seq.));
          ``(2) coordinate with components of the Department to issue 
        announcements seeking unique and innovative homeland security 
        technologies to address homeland security capability gaps;
          ``(3) promote interaction between homeland security 
        researchers and private sector companies in order to accelerate 
        transition research or a prototype into a commercial product 
        and streamline the handling of intellectual property; and
          ``(4) conduct technology research assessment and marketplace 
        analysis for the purpose of identifying, leveraging, and 
        integrating best-of-breed technologies and capabilities from 
        industry, academia, and other Federal Government agencies, and 
        disseminate research and findings to Federal, State, and local 
        governments.
  ``(d) Rapid Review Division.--
          ``(1) Establishment.--There is established the Rapid Review 
        Division within the Office of Public-Private Partnerships.
          ``(2) Purpose and duties.--
                  ``(A) In general.--The Division--
                          ``(i) is responsible for maintaining a 
                        capability to perform business and technical 
                        reviews to assist in screening unsolicited 
                        homeland security technology proposals 
                        submitted to the Secretary; and
                          ``(ii) shall assess the feasibility, 
                        scientific and technical merits, and estimated 
                        cost of such proposals.
                  ``(B) Specific duties.--In carrying out those duties, 
                the Division shall--
                          ``(i) maintain awareness of the technological 
                        requirements of the Directorate's customers;
                          ``(ii) establish and publicize accessible, 
                        streamlined procedures allowing a participant 
                        to have their technology assessed by the 
                        Division;
                          ``(iii) make knowledgeable assessments of a 
                        participant's technology after receiving a 
                        business plan, a technology proposal, and a 
                        list of corporate officers, directors, and 
                        employees with technical knowledge of the 
                        proposal, within 60 days after such a 
                        submission;
                          ``(iv) review proposals submitted by 
                        components of the Department to the Division, 
                        subject to subsection (e); and
                          ``(v) in reviewing proposals submitted to the 
                        Secretary, give priority to any proposal 
                        submitted by a small business concern as 
                        defined under section 3 of the Small Business 
                        Act (15 U.S.C. 632).
          ``(3) Coordination.--The Director shall submit for 
        consideration promising homeland security technology research, 
        development, testing, and evaluation proposals, along with any 
        business and technical reviews, to the Director of the Homeland 
        Security Advanced Research Projects Agency and appropriate 
        Department components for consideration for support.
  ``(e) Limitation on Consideration or Evaluation of Proposals.--The 
Office may not consider or evaluate homeland security technology 
proposals submitted in response to a solicitation for offers for a 
pending procurement or for a specific agency requirement.
  ``(f) Satellite Offices.--The Under Secretary, acting through the 
Director, may establish up to 3 satellite offices across the country to 
enhance the Department's outreach efforts. The Secretary shall notify 
the appropriate congressional committees in writing within 30 days 
after establishing any satellite office.
  ``(g) Personnel.--The Secretary shall establish rules to prevent the 
Director or any other employee of the Office from acting on matters 
where a conflict of interest may exist.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by striking the item relating to such section and inserting the 
following:

``Sec. 313. Office of Public-Private Partnerships.''.

  (c) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $30,000,000 for the 
Office of Public-Private Partnerships for each of fiscal years 2011 and 
2012.

                           TITLE III--REPORTS

SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY STRATEGIC PLAN.

  (a) In General.--Title III (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following new section:

``SEC. 318. STRATEGIC PLAN.

  ``(a) Requirement for Strategic Plan.--Not later than 1 year after 
the date of enactment of this section and every other year thereafter, 
the Under Secretary for Science and Technology shall prepare a 
strategic plan for the activities of the Directorate.
  ``(b) Contents.--The strategic plan required by subsection (a) shall 
be prepared in accordance with applicable Federal requirements, and 
shall include the following matters:
          ``(1) The long-term strategic goals of the Directorate.
          ``(2) Identification of the research programs of the 
        Directorate that support achievement of those strategic goals.
          ``(3) The connection of the activities and programs of the 
        Directorate to requirements or homeland security capability 
        gaps identified by customers within the Department and outside 
        of the Department, including the first responder community.
          ``(4) The role of the Department's risk analysis in the 
        activities and programs of the Directorate.
          ``(5) A technology transition strategy for the programs of 
        the Directorate.
          ``(6) A description of the policies of the Directorate on the 
        management, organization, and personnel of the Directorate.
  ``(c) Submission of Plan to Congress.--The Secretary shall submit to 
Congress any update to the strategic plan most recently prepared under 
subsection (a) at the same time that the President submits to Congress 
the budget for each even-numbered fiscal year.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by adding at the end of the items relating to title III the 
following new item:

``Sec. 318. Strategic plan.''.

SEC. 302. REPORT ON TECHNOLOGY REQUIREMENTS.

  Section 302 (6 U.S.C. 182) is amended by inserting ``(a) In 
General.--'' before the first sentence, and by adding at the end the 
following new subsection:
  ``(b) Report on Technology Requirements.--
          ``(1) In general.--Within 90 days after the date of enactment 
        of this subsection, and biannually thereafter, the Under 
        Secretary shall, for each project having a Federal cost share 
        greater than $80,000,000 that is conducted or funded by the 
        Directorate of Science and Technology, provide to the 
        appropriate congressional committees a list of detailed 
        operational and technical requirements that are associated with 
        the project.
          ``(2) Large projects.--Within 90 days after the date of 
        enactment of this subsection, and biannually thereafter, the 
        Secretary shall, for each project conducted or funded by a 
        component of the Department, other than the Directorate of 
        Science and Technology, having a life-cycle cost greater than 
        $1,000,000,000, provide to the appropriate congressional 
        committees detailed operational and technical requirements that 
        are associated with the project.''.

SEC. 303. REPORT ON VENTURE CAPITAL ORGANIZATION.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit a report to the appropriate 
congressional committees--
          (1) assessing the current role of the venture capital 
        community in funding advanced homeland security technologies, 
        including technologies proposed by small business concerns as 
        defined under section 3 of the Small Business Act (15 U.S.C. 
        632); and
          (2) providing recommendations about creating a nonprofit 
        organization for the purposes of delivering advanced homeland 
        security technologies to the homeland security community to 
        further its missions.
  (b) Contents.--The report shall include the following:
          (1) An assessment of the current awareness and insight that 
        the Department has regarding advanced private sector homeland 
        security innovation, and the Department's ability to quickly 
        transition innovative products into acquisitions.
          (2) A description of how the Department currently finds and 
        works with emerging companies, particularly firms that have 
        never done business with the Federal Government, small business 
        concerns, small business concerns that are owned and operated 
        by women, small business concerns that are owned and operated 
        by veterans, and minority-owned and operated small business 
        concerns.
          (3) An assessment and analysis of the current role that 
        venture capitalists play in the development of homeland 
        security technologies, including an assessment of how the 
        venture capital community could be leveraged to accelerate 
        technology, foster development, and introduce new technologies 
        needed by the homeland security community.
          (4) An assessment of whether the Department could help 
        nascent commercial technologies mature into commercial-off-the-
        shelf products the homeland security community could acquire.
          (5) An analysis of whether the Central Intelligence Agency's 
        In-Q-Tel organization or the Department of Defense's OnPoint 
        Technologies organization could serve as a model for the 
        development of homeland security technology at the Department.
          (6) Recommendations of the Secretary regarding how Congress 
        could authorize the establishment of a private, independent, 
        not-for-profit organization to bridge the gap between the 
        technology needs of the homeland security community and new 
        advances in commercial technology, including specifics on 
        potential funding levels, activities for the organization, 
        including the provision of technical assistance, and whether to 
        establish set-asides for small businesses that are minority-
        owned and operated or located in socially and economically 
        disadvantaged areas.
  (c) Use of Research and Development Center.--The Secretary is 
encouraged to use a federally funded research and development center to 
produce the report under this section.
  (d) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized $500,000 for the report.

        TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS

SEC. 401. LIMITATIONS ON RESEARCH.

  Section 302(a)(4), as designated by section 302, is further amended 
by inserting after ``extramural programs,'' the following: ``that, to 
the greatest extent possible, addresses a prioritized risk to the 
homeland as identified by a risk analysis under section 226(e) of this 
Act''.

SEC. 402. UNIVERSITY-BASED CENTERS.

  (a) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $40,000,000 for 
fiscal year 2011 and $41,200,000 for fiscal year 2012 to the Secretary 
to carry out the university-based centers program of the Department.
  (b) Criteria for Designation.--Section 308(b)(2)(B)(iii) (6 U.S.C. 
188(b)(2)(B)(iii)) is amended by inserting before the period at the end 
the following: ``, including medical readiness training and research, 
and community resiliency for public health and healthcare critical 
infrastructure''.
  (c) Explosive Countermeasures or Detection.--Section 308(b)(2)(B)(iv) 
(6 U.S.C. 188(b)(2)(B)(iv)) is amended by striking ``and nuclear'' and 
inserting ``nuclear, and explosive''.

SEC. 403. REVIEW OF UNIVERSITY-BASED CENTERS.

  (a) GAO Study of University-Based Centers.--Not later than 120 days 
after the date of enactment of this Act, the Comptroller General of the 
United States shall initiate a study to assess the university-based 
centers for homeland security program authorized by section 308(b)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), and provide 
recommendations to the appropriate congressional committees for 
appropriate improvements.
  (b) Subject Matters.--The study under subsection (a) shall include 
the following:
          (1) A review of key areas of study needed to support the 
        homeland security mission, and criteria that should be utilized 
        to determine those key areas for which the Department should 
        maintain, establish, or eliminate university-based centers.
          (2) A review of the method by which university-based centers, 
        federally funded research and development centers, and 
        Department of Energy national laboratories receive tasking from 
        the Department, including a review of how university-based 
        research is identified, prioritized, and funded.
          (3) A review of selection criteria for designating 
        university-based centers and a weighting of such criteria.
          (4) An examination of the optimal organization and role of 
        the university-based centers in supporting the mission of the 
        Directorate and the Department components.
          (5) An identification of the most appropriate review criteria 
        and metrics to measure demonstrable progress achieved by 
        university-based centers in fulfilling Department taskings, and 
        mechanisms for delivering and disseminating the research 
        results of designated university-based centers within the 
        Department and to other Federal, State, and local agencies.
          (6) An examination of the means by which academic 
        institutions that are not designated or associated with the 
        designated university-based centers can optimally contribute to 
        the research mission of the Directorate.
          (7) An assessment of the interrelationship between the 
        different university-based centers.
          (8) A review of any other essential elements of the programs 
        determined in the conduct of the study.
  (c) Moratorium on New University-Based Centers.--The Secretary may 
not designate any new university-based centers to research new areas in 
homeland security prior to the completion of the Comptroller General's 
review.

SEC. 404. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  (a) In General.--The Under Secretary shall support research, 
development, testing, evaluation, and transition of cybersecurity 
technology, including fundamental, long-term research to improve the 
ability of the United States to prevent, protect against, detect, 
respond to, and recover from acts of terrorism and cyber attacks, with 
an emphasis on research and development relevant to large-scale, high-
impact attacks.
  (b) Activities.--The research and development supported under 
subsection (a) shall include work to--
          (1) advance the development and accelerate the deployment of 
        more secure versions of fundamental Internet protocols and 
        architectures, including for the domain name system and routing 
        protocols;
          (2) improve and create technologies for detecting attacks or 
        intrusions, including real-time monitoring and real-time 
        analytic technologies;
          (3) improve and create mitigation and recovery methodologies, 
        including techniques and policies for real-time containment of 
        attacks, and development of resilient networks and systems that 
        degrade gracefully;
          (4) develop and support infrastructure and tools to support 
        cybersecurity research and development efforts, including 
        modeling, testbeds, and data sets for assessment of new 
        cybersecurity technologies;
          (5) assist the development and support of technologies to 
        reduce vulnerabilities in process control systems;
          (6) develop and support cyber forensics and attack 
        attribution; and
          (7) test, evaluate, and facilitate the transfer of 
        technologies associated with the engineering of less vulnerable 
        software and securing the information technology software 
        development lifecycle.
  (c) Coordination.--In carrying out this section, the Under Secretary 
shall coordinate activities with--
          (1) the Under Secretary for National Protection and Programs; 
        and
          (2) the heads of other relevant Federal departments and 
        agencies, including the National Science Foundation, the 
        Defense Advanced Research Projects Agency, the Information 
        Assurance Directorate of the National Security Agency, the 
        National Institute of Standards and Technology, the Department 
        of Commerce, and other appropriate working groups established 
        by the President to identify unmet needs and cooperatively 
        support activities, as appropriate.
  (d) Authorization of Cybersecurity Preparedness Consortium and 
Training Center.--
          (1) Cybersecurity preparedness consortium.--Subtitle C of 
        title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et 
        seq.) is amended by adding at the end the following new 
        section:

``SEC. 226. CYBERSECURITY PREPAREDNESS CONSORTIUM.

  ``(a) In General.--To assist the Secretary in carrying out the 
requirements of section 404(a) of the Homeland Security Science and 
Technology Authorization Act of 2010, the Secretary may establish a 
consortium to be known as the `Cybersecurity Preparedness Consortium'.
  ``(b) Functions.--The Consortium shall--
          ``(1) provide training to State and local first responders 
        and officials specifically for preparing and responding to 
        cybersecurity attacks;
          ``(2) develop and update a curriculum and training model for 
        State and local first responders and officials;
          ``(3) provide technical assistance services to build and 
        sustain capabilities in support of cybersecurity preparedness 
        and response;
          ``(4) conduct cybersecurity training and simulation exercises 
        to defend from and respond to cyber attacks; and
          ``(5) coordinate all cybersecurity preparedness training 
        activities conducted by the Department.
  ``(c) Members.--The Consortium shall consist of academic, nonprofit, 
and government partners that--
          ``(1) have demonstrated expertise in developing and 
        delivering cybersecurity training in support of homeland 
        security;
          ``(2) have demonstrated ability to utilize existing courses 
        and expertise developed by the Department;
          ``(3) have demonstrated ability to coordinate with the 
        National Domestic Preparedness Consortium and other training 
        programs within the Department; and
          ``(4) include at least 3 academic institutions that are any 
        combination of historically Black colleges and universities, 
        Hispanic-serving institutions, or Tribal Colleges and 
        Universities, that fulfill the criteria of paragraphs (1), (2) 
        and (3) of this subsection.
  ``(d) Definitions.--In this section:
          ``(1) Historically black college or university.--The term 
        `historically Black college or university' has the meaning 
        given the term `part B institution' in section 322(2) of the 
        Higher Education Act of 1965 (20 U.S.C. 1061(2)).
          ``(2) Hispanic-serving institution.--The term `Hispanic-
        serving institution' has the meaning given that term in section 
        502 of the Higher Education Act of 1965 (20 U.S.C. 1101(a)).
          ``(3) Tribal college or university.--The term `Tribal College 
        or University' has the meaning given that term in section 
        316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)).''.
          (2) Clerical amendment.--Section 1(b) of such Act is further 
        amended by adding at the end of the items relating to such 
        subtitle the following new item:

``Sec. 226. Cybersecurity Preparedness Consortium.''.

          (3) Cybersecurity training center.--Subtitle C of title II of 
        the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is 
        further amended by adding at the end the following new section:

``SEC. 227. CYBERSECURITY TRAINING CENTER.

  ``The Secretary may establish where appropriate a Cybersecurity 
Training Center to provide training courses and other resources for 
State and local first responders and officials to improve preparedness 
and response capabilities.''.
          (4) Clerical amendment.--Section 1(b) of such Act is further 
        amended by adding at the end of the items relating to such 
        subtitle the following new item:

``Sec. 227. Cybersecurity Training Center.''.

  (e) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $75,000,000 to the 
Department for each of fiscal years 2011 and 2012 for the cybersecurity 
research and development activities of the Directorate to prevent, 
detect, and respond to acts of terrorism and other large-scale 
disruptions to information infrastructure.

SEC. 405. NATIONAL RESEARCH COUNCIL STUDY OF CYBERSECURITY INCENTIVES.

  (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Under Secretary and the Under Secretary for National 
Protection and Programs of the Department shall seek to enter into an 
agreement with the National Research Council of the National Academy of 
Sciences to conduct a study to assess methods that might be used to 
promote market mechanisms that further cybersecurity and make 
recommendations for appropriate improvements thereto.
  (b) Subject Matters.--The study required under subsection (a) shall 
include the following:
          (1) Liability that subjects software and system vendors and 
        system operators to potential damages for system breaches.
          (2) Mandated reporting of security breaches that could 
        threaten critical functions, including provision of electricity 
        and resiliency of the financial sector.
          (3) Regulation that under threat of civil penalty, imposes 
        best practices on system operators of critical infrastructure.
          (4) Certification from standards bodies about conformance to 
        relevant cybersecurity standards that can be used as a 
        marketplace differentiation.
          (5) Accounting practices that require companies to report 
        their cybersecurity practices and postures and the results of 
        independently conducted red team simulated attacks or 
        exercises.
          (6) Cybersecurity risk insurance, including analysis of the 
        current marketplace and recommendations to promote 
        cybersecurity insurance.
  (c) Submission to Congress.--Not later than two years after the date 
of enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees the results of the study required under 
subsection (a), together with any recommendations of the Secretary 
related thereto.
  (d) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $500,000 to the 
Department for fiscal year 2011 to carry out this section.

SEC. 406. RESEARCH ON CYBER COMPROMISE OF INFRASTRUCTURE.

  (a) In General.--Pursuant to section 201 of the Homeland Security Act 
of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness for 
and collective response to a cyber attack by a terrorist or other 
person, the Secretary, working with the heads of other national 
security and intelligence agencies, shall conduct research and 
determine if the security of federally owned programmable electronic 
devices and communication networks, including hardware, software, and 
data, essential to the reliable operation of critical electric 
infrastructure has been compromised.
  (b) Scope of Research.--The scope of the research required under 
subsection (a) shall include the following:
          (1) The extent of any compromise.
          (2) An identification of any attackers, including any 
        affiliations with terrorists, terrorist organizations, state 
        entities, and non-state entities.
          (3) The method of penetration.
          (4) Ramifications of any such compromise on future operations 
        of critical electric infrastructure.
          (5) Secondary ramifications of any such compromise on other 
        critical infrastructure sectors and the functioning of civil 
        society.
          (6) Ramifications of any such compromise on national 
        security, including war fighting capability.
          (7) Recommended mitigation activities.
  (c) Report.--Not later than 30 days after the date a determination 
has been made under subsection (a), the Secretary shall submit to the 
appropriate congressional committees a report on the findings of such 
determination. The report may contain a classified annex if the 
Secretary determines it to be appropriate.

SEC. 407. DUAL-USE TERRORIST RISKS FROM SYNTHETIC GENOMICS.

  (a) Sense of Congress.--It is the sense of Congress that the field of 
synthetic genomics has the potential to facilitate enormous gains in 
fundamental discovery and biotechnological applications, but it also 
has inherent dual-use homeland security risks that must be managed.
  (b) Requirement.--The Under Secretary shall examine and report to the 
appropriate congressional committees by not later than one year after 
the date of enactment of this Act on the homeland security implications 
of the dual-use nature of synthetic genomics and, if the Under 
Secretary determines that such research is appropriate, may conduct 
research in that area, including--
          (1) determining the current capability of synthetic nucleic 
        acid providers to effectively differentiate a legitimate 
        customer from a potential terrorist or other malicious actor;
          (2) determining the current capability of synthetic nucleic 
        acid providers to effectively screen orders for sequences of 
        homeland security concern; and
          (3) making recommendations regarding screening software, 
        protocols, and other remaining capability gaps uncovered by the 
        study.

SEC. 408. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.

  (a) In General.--The Under Secretary, in consultation with the 
Assistant Secretary of the Transportation Security Administration, 
shall conduct a demonstration project to test and assess the 
feasibility and effectiveness of certain technologies to enhance the 
security of underwater public transportation tunnels against terrorist 
attacks involving the use of improvised explosive devices.
  (b) Inflatable Plugs.--At least one of the technologies tested under 
subsection (a) shall be inflatable plugs that may be rapidly deployed 
to prevent flooding of an underwater public transportation tunnel.
  (c) Report.--Not later than 180 days after the completion of the 
demonstration project under subsection (a), the Under Secretary shall 
submit to the appropriate congressional committees a report on the 
results of the demonstration project.

SEC. 409. THREATS RESEARCH AND DEVELOPMENT.

  (a) In General.--The Under Secretary, in carrying out 
responsibilities under section 302 of the Homeland Security Act of 2002 
(6 U.S.C. 182), may support research, development, testing, evaluation, 
and transition of technology that increases the Nation's preparedness 
against chemical and biological threats and strengthens the Nation's 
preparedness and collective response against those threats through 
improved threat awareness and advanced surveillance, detection, and 
protective countermeasures, and to enhance the development of border 
security technology.
  (b) Biological Security.--To carry out subsection (a), the Under 
Secretary may conduct research to develop understanding, technologies, 
and systems needed to protect against biological attacks on the 
Nation's population or infrastructure, including--
          (1) providing advanced planning tools, concepts of operations 
        (including alarm resolution protocols), and training exercises 
        for responding to and recovering from biological attacks;
          (2) developing biological assays and improved detection 
        technology that will operate with faster detection times, lower 
        costs, and the potential for increased geographical coverage to 
        the Nation when compared to existing homeland security 
        technologies;
          (3) characterizing threats posed by biological weapons, 
        anticipating future threats, conducting comprehensive threat 
        and risk assessments to guide prioritization of the Nation's 
        biodefense investments, and developing population threat 
        assessments that inform the issuance of material threat 
        determinations;
          (4) conducting bioforensics research in support of criminal 
        investigations to aid attribution, apprehension, and 
        prosecution of a terrorist or other perpetrator of a biological 
        attack, and providing tools and facilities that Federal law 
        enforcement investigators need to analyze biological threat 
        evidence recovered, including operation of the National 
        Bioforensic Analysis Center; and
          (5) conducting appropriate research and studies that will 
        increase our understanding of and uncertainties associated with 
        risk and threats posed by biological agents through the 
        Biological Threat Characterization Center and other means as 
        determined by the Secretary.
  (c) Agricultural Security.--The Under Secretary may conduct research 
and development to enhance the protection of the Nation's agriculture 
and food system against terrorist attacks, and other emergency events 
through enhancement of current agricultural countermeasures, 
development of new agricultural countermeasures, and provision of safe, 
secure, state-of-the-art biocontainment laboratories for researching 
foreign animal and zoonotic diseases, including--
          (1) developing technologies to defend the Nation against the 
        natural and intentional introduction of selected foreign animal 
        diseases, developing next-generation vaccines and diagnostics 
        in coordination with the Department of Agriculture, and 
        modeling the spread of foreign animal diseases and their 
        economic impact to evaluate strategies for controlling 
        outbreaks; and
          (2) leading the Department effort to enhance interagency 
        coordination of research and development of agricultural 
        disease countermeasures.
  (d) Chemical Security.--The Under Secretary may develop technology to 
reduce the Nation's vulnerability to chemical warfare agents and 
commonly used toxic industrial chemicals, including--
          (1) developing a robust and enduring analytical capability in 
        support of chemical countermeasures development, including 
        developing and validating forensic methodologies and analytical 
        tools, conducting risk and vulnerability assessments based on 
        chemical threat properties, and maintaining infrastructure 
        including the Chemical Security Analysis Center;
          (2) developing technology to detect a chemical threat 
        release; and
          (3) developing technologies and guidance documents to foster 
        a coordinated approach to returning a chemically contaminated 
        area to a normal condition, and to foster analysis of 
        contaminated areas both before and after the restoration 
        process.
  (e) Risk Assessments.--
          (1) In general.--The Under Secretary shall produce risk 
        assessments for biological and chemical threats, and shall 
        coordinate with the Director of the Domestic Nuclear Detection 
        Office of the Department, the Assistant Secretary of the Office 
        of Health Affairs of the Department, and the Assistant 
        Secretary of Infrastructure Protection of the Department on an 
        integrated risk assessment, including regarding chemical, 
        biological, radiological, nuclear, and explosive threats.
          (2) Usage.--The assessments required under paragraph (1) 
        shall be used to inform and guide the threat assessments and 
        determinations by the Secretary of Homeland Security regarding 
        agents and toxins pursuant to section 302(9) of the Homeland 
        Security Act of 2002 (6 U.S.C. 182(9)), and to guide 
        prioritization of other homeland defense activities, as 
        appropriate.
          (3) Task force.--The Under Secretary for Science and 
        Technology shall convene an interagency task force of relevant 
        subject matter experts to assess the proposed methodology to be 
        used for each assessment required under paragraph (1), and to 
        provide recommendations to the Under Secretary as to the 
        adequacy of such methodology.
  (f) Border Security.--The Under Secretary may develop technology, in 
coordination with the Commissioner of Customs and Border Protection, to 
gain effective control of the international land borders of the United 
States within 5 years after the date of enactment of this Act. In 
carrying out such development activities, the Under Secretary shall 
ensure coordination and integration between new technologies developed 
and those already utilized by U.S. Customs and Border Protection.

SEC. 410. MARITIME DOMAIN AWARENESS AND MARITIME SECURITY TECHNOLOGY 
                    TEST, EVALUATION, AND TRANSITION CAPABILITIES.

  (a) Global Maritime Domain Awareness and Maritime Security Technology 
Test, Evaluation, and Transition Capabilities.--
          (1) Establishment.--The Secretary shall establish 
        capabilities for conducting global maritime domain awareness 
        and maritime security technology test, evaluation, and 
        transition, as provided in this subsection.
          (2) Purpose.--The purpose of such capabilities shall be to--
                  (A) direct technology test, evaluation, and 
                transition activities in furtherance of border and 
                maritime security; and
                  (B) evaluate such technology in diverse environments 
                including coastal, seaport, and offshore locations.
  (b) Coordination.--The Secretary, acting through the Under Secretary, 
shall ensure that--
          (1) technology test, evaluation, and transition efforts 
        funded by the Department in furtherance of border and maritime 
        security avoid duplication of efforts, reduce unnecessary 
        redundancies, streamline processes, increase efficiencies, and 
        otherwise complement existing Department and other efforts in 
        border and maritime security; and
          (2) the results of such efforts are shared with the 
        appropriate congressional committees and others as determined 
        appropriate by the Secretary.

SEC. 411. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION.

  (a) In General.--Notwithstanding section 302(4) of the Homeland 
Security Act of 2002 (6 U.S.C. 182(4)), the Secretary shall require the 
Under Secretary, in consultation with other relevant operational 
components of the Department, to assess whether the development of 
screening capabilities for pandemic influenza and other infectious 
diseases should be undertaken by the Directorate to support entry and 
exit screening at ports of entry and for other purposes.
  (b) Development of Methods.--If the Under Secretary determines that 
the development of such screening capabilities should be undertaken, 
the Secretary shall, to the extent possible, initiate development of 
safe and effective methods to rapidly screen incoming travelers at 
ports of entry for pandemic influenza and other infectious diseases.
  (c) Collaboration.--In developing methods under subsection (b), the 
Secretary may collaborate with other Federal agencies, as appropriate.

SEC. 412. EDUCATING THE PUBLIC ABOUT RADIOLOGICAL THREATS.

  (a) Public Awareness Campaign.--The Secretary shall develop a public 
awareness campaign to enhance preparedness and collective response to a 
radiological attack, including the following:
          (1) A clear explanation of the dangers associated with 
        radioactive materials.
          (2) Possible effects of different levels of radiation 
        exposure, including a clear description of the how radiation 
        exposure occurs and the amount of exposure necessary to be of 
        concern.
          (3) Actions that members of the public should take regarding 
        evacuation, personal decontamination, and medical treatment.
  (b) Recovery.--The Secretary shall develop a plan for postevent 
recovery from a radiological attack. Such plan shall include the 
following:
          (1) A definition of the demarcation between response and 
        recovery from a radiological attack.
          (2) Consideration of multiple attack scenarios, including a 
        worst-case scenario.
          (3) Consideration of multiple recovery strategies, including 
        decontamination, demolition and removal, and relocation.
          (4) Consideration of economic, health, and psychological 
        effects.

SEC. 413. RURAL RESILIENCE INITIATIVE.

  (a) In General.--The Under Secretary shall conduct research intended 
to assist State, local, and tribal leaders and the private sector in 
developing the tools and methods to enhance preparation for, and 
response and resilience to, terrorist events and other incidents.
  (b) Included Activities.--Activities under this section may include--
          (1) research and implementation through outreach activities 
        with rural communities;
          (2) an examination of how communities employ resilience 
        capabilities and response assets;
          (3) a community resilience baseline template for determining 
        the resilience capacity of a rural community;
          (4) a plan to address community needs for resilience;
          (5) an education program for community leaders and first 
        responders about their resilience capacity and mechanisms for 
        mitigation, including via distance learning; and
          (6) a mechanism by which this research can serve as a model 
        for adoption by communities across the Nation.

SEC. 414. SENSE OF CONGRESS REGARDING THE NEED FOR INTEROPERABILITY 
                    STANDARDS FOR INTERNET PROTOCOL VIDEO SURVEILLANCE 
                    TECHNOLOGY.

  It is the sense of Congress that--
          (1) video surveillance systems that operate over the Internet 
        are an emerging homeland security technology that has the 
        potential of significantly improving homeland security forensic 
        and analytical capability;
          (2) to realize the full security benefits of such emerging 
        homeland security technology, there should be interoperability 
        standards for such technology;
          (3) the Directorate, working with other appropriate Federal 
        agencies, should encourage the private sector to develop 
        interoperability standards for such emerging homeland security 
        technology; and
          (4) such efforts will help the Federal Government, which is 
        one of the largest users of surveillance technology, in 
        detecting, deterring, preventing, and responding to terrorist 
        attacks.

SEC. 415. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

  (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is further amended by adding at the end the 
following new section:

``SEC. 319. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

  ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall establish a fellows 
program, to be known as the Homeland Security Science and Technology 
Fellows Program, under which the Under Secretary shall facilitate the 
temporary placement of scientists in relevant scientific or 
technological fields for up to two years in components of the 
Department with a need for scientific and technological expertise.
  ``(b) Utilization of Fellows.--
          ``(1) In general.--Under the Program, the Under Secretary may 
        employ fellows--
                  ``(A) for the use of the Directorate of Science and 
                Technology; or
                  ``(B) for the use of Department components outside 
                the Directorate, under an agreement with the head of 
                such a component under which the component will 
                reimburse the Directorate for the costs of such 
                employment.
          ``(2) Responsibilities.--Under such an agreement--
                  ``(A) the Under Secretary shall--
                          ``(i) solicit and accept applications from 
                        individuals who are currently enrolled in or 
                        who are graduates of post-graduate programs in 
                        scientific and engineering fields related to 
                        the promotion of securing the homeland, 
                        including--
                                  ``(I) biological, chemical, physical, 
                                behavioral, social, health, medical, 
                                and computational sciences;
                                  ``(II) geosciences;
                                  ``(III) all fields of engineering; 
                                and
                                  ``(IV) such other disciplines as are 
                                determined relevant by the Secretary;
                          ``(ii) screen applicant candidates and 
                        interview them as appropriate to ensure that 
                        they possess the appropriate level of 
                        scientific and engineering expertise and 
                        qualifications;
                          ``(iii) provide a list of qualified 
                        applicants to the heads of Department 
                        components seeking to utilize qualified 
                        fellows;
                          ``(iv) pay financial compensation to such 
                        fellows;
                          ``(v) coordinate with the Chief Security 
                        Officer to facilitate and expedite provision of 
                        security clearances to fellows, as appropriate; 
                        and
                          ``(vi) otherwise administer all aspects of 
                        the fellows' employment with the Department; 
                        and
                  ``(B) the head of the component utilizing the fellow 
                shall--
                          ``(i) select a fellow from the list of 
                        qualified applicants provided by the Under 
                        Secretary;
                          ``(ii) reimburse the Under Secretary for the 
                        costs of employing the fellow selected; and
                          ``(iii) be responsible for the day-to-day 
                        management of the fellow.
  ``(c) Applications From Associations.--The Under Secretary may accept 
applications under subsection (b)(2)(A) that are submitted by science 
or policy associations on behalf of individuals whom such an 
association has determined may be qualified applicants under the 
program.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to title III the following new item:

``Sec. 319. Homeland Security Science and Technology Fellows 
Program.''.

SEC. 416. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY.

  (a) In General.--Title III (6 U.S.C. 181 et seq.) is further amended 
by adding at the end the following new section:

``SEC. 320. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY PROGRAM.

  ``(a) In General.--To facilitate equivalent biological threat agent 
identification among federally operated biomonitoring programs, the 
Under Secretary, in consultation with the Director of the Centers for 
Disease Control and Prevention, may implement an assay equivalency 
program for biological threat assays.
  ``(b) Features.--In order to establish assay performance equivalency 
to support homeland security and public health security decisions, the 
program may--
          ``(1) evaluate biological threat detection assays, their 
        protocols for use, and their associated response algorithms for 
        confirmation of biological threat agents, taking performance 
        measures and concepts of operation into consideration; and
          ``(2) develop assay equivalency standards based on the 
        findings of the evaluation under paragraph (1).
  ``(c) Update.--The Under Secretary shall update the program as 
necessary.
  ``(d) Implementation.--The Secretary shall--
          ``(1) require implementation of the standards developed under 
        subsection (b)(2) for all Department biomonitoring programs; 
        and
          ``(2) make such standards available to support all other 
        Federal biomonitoring programs.
  ``(e) Assay Defined.--In this section the term `assay' means any 
scientific test that is--
          ``(1) designed to detect the presence of a biological threat 
        agent; and
          ``(2) of a type selected under criteria established by the 
        Secretary.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 320. Biological threat agent assay equivalency program.''.

SEC. 417. STUDY OF FEASIBILITY AND BENEFIT OF EXPANDING OR ESTABLISHING 
                    PROGRAM TO CREATE A NEW CYBERSECURITY CAPACITY 
                    BUILDING TRACK AT CERTAIN INSTITUTIONS OF HIGHER 
                    EDUCATION.

  (a) In General.--Within 90 days of enactment, the Secretary, in 
coordination with the National Science Foundation, shall commission a 
study by a nonprofit research institution to determine the feasibility 
and potential benefit of expanding the Federal Cyber Service 
Scholarship for Service Program, or establishing a parallel program, as 
methods to create a new cybersecurity or information assurance capacity 
building track at institutions of higher education that are not 
currently designated as a National Center of Academic Excellence in 
Information Assurance Education or a National Center of Academic 
Excellence in Research.
  (b) Subject Matters.--The study under subsection (a) shall include 
examinations of the following:
          (1) The feasibility and potential benefit of allowing the 
        following types of institutions into the existing Federal Cyber 
        Service program:
                  (A) Community colleges.
                  (B) Institutions offering an undergraduate degree, 
                graduate degree, or post-graduate degree, but do not 
                qualify under the existing program.
                  (C) Institutions offering a certificate or industry-
                recognized credential.
          (2) The feasibility and potential benefit of establishing a 
        new program modeled after the Federal Cyber Service program to 
        build capacity at--
                  (A) community colleges;
                  (B) institutions offering an undergraduate degree, 
                graduate degree, or post-graduate degree, but do not 
                qualify under the existing program; or
                  (C) institutions offering a certificate or industry-
                recognized credential.
          (3) The projected extent to which an expansion of the 
        existing Federal Cyber Service program as described in 
        paragraph (1) would--
                  (A) expand the availability of qualified individuals 
                to work in information assurance and cybersecurity 
                within the Department and other Federal, State, local, 
                and tribal agencies, and the private sector;
                  (B) encourage institutions of higher education to 
                develop a new information assurance or cybersecurity 
                education undergraduate degree programs, graduate 
                degree programs, or programs conferring a certificate 
                or industry-recognized credential;
                  (C) increase the number of students graduating 
                annually from existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential; or
                  (D) improve existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential.
          (4) The projected extent to which the establishment of a new 
        program modeled after the Federal Cyber Service program as 
        described in paragraph (2) would--
                  (A) expand the availability of qualified individuals 
                to work in information assurance and cybersecurity 
                within the Department and other Federal, State, local, 
                and tribal agencies, and the private sector;
                  (B) encourage institutions of higher education to 
                develop a new information assurance or cybersecurity 
                education undergraduate degree programs, graduate 
                degree programs, or programs conferring a certificate 
                or industry-recognized credential;
                  (C) increase the number of students graduating 
                annually from existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential; or
                  (D) improve existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential.
  (c) Report.--Not later than 30 days after receiving the findings of 
the study, the Secretary shall transmit the findings, together with any 
comments thereon by the Secretary, to the appropriate congressional 
committees.

SEC. 418. SENSE OF CONGRESS REGARDING CENTERS OF EXCELLENCE.

  It is the sense of Congress that centers of excellence have the 
potential--
          (1) to be a very useful tool in developing defensive 
        countermeasures to secure critical infrastructure and prevent 
        terrorism; and
          (2) to play a key role in the Department's efforts to 
        research and develop new technologies to secure the homeland.

SEC. 419. ASSESSMENT, RESEARCH, TESTING, AND EVALUATION OF TECHNOLOGIES 
                    TO MITIGATE THE THREAT OF SMALL VESSEL ATTACK.

  The Under Secretary may--
          (1) assess what technologies are available to mitigate the 
        threat of small vessel attack in secure zones of ports, 
        including the use of transponders or radio frequency 
        identification devices to track small vessels; and
          (2) conduct research, testing, and evaluation of new 
        technologies that might be capable of tracking small vessels.

SEC. 420. RESEARCH AND DEVELOPMENT PROJECTS.

   Section 831 (6 U.S.C. 391) is amended--
          (1) in subsection (a), by striking ``2010,'' and inserting 
        ``2012,'';
          (2) in subsection (a), by adding at the end the following new 
        paragraph:
          ``(3) Prior approval.--In any case in which the Under 
        Secretary for Science and Technology intends to exercise other 
        transaction authority, the Under Secretary must receive prior 
        approval from the Secretary after submitting to the Secretary a 
        proposal that includes the rationale for why a grant or 
        contract issued in accordance with the Federal Acquisition 
        Regulation is not feasible or appropriate and the amount to be 
        expended for such project. In such a case, the authority for 
        evaluating the proposal may not be delegated by the Secretary 
        to anyone other than the Under Secretary for Management.''; and
          (3) by redesignating subsection (e) as subsection (i), and by 
        inserting after subsection (d) the following new subsections:
  ``(e) Annual Report on Exercise of Other Transaction Authority.--
          ``(1) In general.--The Secretary shall submit to the 
        appropriate congressional committees an annual report on the 
        exercise of other transaction authority.
          ``(2) Content.--The report shall include the following:
                  ``(A) The subject areas in which research projects 
                were conducted using other transaction authority.
                  ``(B) The extent of cost-sharing for such projects 
                among Federal and non-Federal sources.
                  ``(C) The extent to which use of other transaction 
                authority has addressed a homeland security capability 
                gap identified by the Department of Homeland Security.
                  ``(D) The total amount of payments, if any, that were 
                received by the Federal Government as a result of such 
                exercise of other transaction authority during the 
                period covered by the report.
                  ``(E) The rationale for using other transaction 
                authority, including why grants or contracts issued in 
                accordance with the Federal Acquisition Regulation were 
                not feasible or appropriate.
                  ``(F) the amount expended for each such project.
  ``(f) Training.--The Secretary shall develop a training program for 
acquisitions staff in the use of other transaction authority to help 
ensure the appropriate use of such authority.
  ``(g) Review Authority.--The exercise of other transaction authority 
shall be subject to review by the Comptroller General of the United 
States to ensure that an agency is not attempting to avoid the 
requirements of procurement statutes and regulations.
  ``(h) Other Transaction Authority Defined.--In this section the term 
`other transaction authority' means authority under subsection (a).''.

SEC. 421. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.

  (a) In General.--The National Urban Security Technology Laboratory 
(formerly the Environmental Measurements Laboratory) is authorized 
within the Directorate for fiscal years 2011 and 2012.
  (b) Responsibilities.--The Under Secretary shall utilize the National 
Urban Security Technology Laboratory to test, evaluate, and analyze 
homeland security capabilities and serve as a technical authority to 
first responders and State and local entities, including by--
          (1) conducting test programs, pilots projects, 
        demonstrations, and other forms of evaluations of homeland 
        security technologies both in the field and in the laboratory;
          (2) applying knowledge of operational end-user environments 
        and support for operational integration to technology 
        development, including--
                  (A) training;
                  (B) exercises;
                  (C) equipment;
                  (D) tactics;
                  (E) techniques; and
                  (F) procedures;
          (3) representing interests and requirements between 
        technology developers and operational end-users; and
          (4) supporting development and use of homeland security 
        equipment and operational standards.

               TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated for the Domestic Nuclear 
Detection Office of the Department--
          (1) $305,840,000 for fiscal year 2011; and
          (2) $315,005,000 for fiscal year 2012.

SEC. 502. DOMESTIC NUCLEAR DETECTION OFFICE OVERSIGHT.

  (a) Sense of Congress.--It is the sense of Congress that the 
Directorate should conduct basic and innovative research and 
nondevelopmental testing on behalf of the Domestic Nuclear Detection 
Office (in this section referred to as ``DNDO''), in order to advance 
next generation nuclear detection technologies.
  (b) Internal Review of Project Selection and Evaluation 
Methodology.--Not later than 90 days after the date of enactment of 
this Act, the Director of the DNDO shall begin an internal review of 
the methodology by which research, development, testing, and evaluation 
is identified, prioritized, and funded by the DNDO. In conducting such 
review, the Director shall consult with the Under Secretary and the 
heads of all operational components of the Department that own, 
operate, or maintain nuclear or radiological detection technologies.
  (c) Contents of Review.--In carrying out the review under subsection 
(b), the Director of the DNDO shall--
          (1) identify the process by which basic and applied research 
        and operational testing that should be conducted in concert and 
        under agreement with the Directorate;
          (2) describe the roles, responsibilities, common definitions, 
        standard operating procedures, and decision process for 
        research, development, testing, and evaluation activities;
          (3) describe and implement a transparent system for tracking 
        research, development, testing, and evaluation requirements;
          (4) describe and implement a mechanism to provide regular 
        updates to components of the Department on the progress of such 
        research;
          (5) evaluate the degree to which needs of the operational 
        components of the Department and State and local first 
        responders are being adequately addressed by the existing 
        project selection process, and if not, how such process can be 
        improved;
          (6) establish a method to collect and evaluate Department 
        component feedback;
          (7) utilize departmental matrices and systems to determine if 
        technologies produced by the Directorate have enhanced the 
        ability of Department components to perform their missions;
          (8) identify appropriate five-year levels of investment in 
        basic and applied research and development, in particular among 
        the Department laboratories, federally funded research and 
        development centers, university-based centers, Department of 
        Energy national laboratories, and other Federal laboratories;
          (9) project balance of use of the entities referred to in 
        paragraph (8) among the Directorate and other Department 
        components; and
          (10) establish a formal merit review process, with external 
        peer review where appropriate.
  (d) Report.--Not later than one year after the completion of the 
review required by subsection (b), the Director of the DNDO shall 
submit to the Secretary and the appropriate congressional committees a 
report containing the findings of such review, together with 
information on the systems, methods, and mechanisms established, and 
recommendations for additional improvements.
  (e) Updates on Implementation.--One hundred and twenty days after the 
date of enactment of this Act, and annually thereafter, the Inspector 
General of the Department shall submit to the appropriate congressional 
committees an update on the status of implementation of this section 
and activities in support of such implementation.

SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS FOR GLOBAL NUCLEAR 
                    DETECTION ARCHITECTURE.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees a 
report containing the following:
          (1) A strategic plan for the global nuclear detection 
        architecture to deter and detect the transport of nuclear or 
        radioactive materials by all means possible, with specific 
        focus on establishing the goals, objectives, and cost 
        projections for the next five years, including a discussion 
        of--
                  (A) technological and nontechnological methods to 
                increase detection capabilities;
                  (B) the preventive nature of the global nuclear 
                detection architecture, including projected impact on 
                would-be terrorists;
                  (C) detection capability enhancements for the various 
                transportation modes, at ports of entry and between 
                ports of entry;
                  (D) balanced risk-based deployment of detection 
                assets across all border and other pathways; and
                  (E) any emerging threat vectors identified by the 
                Director of the Domestic Nuclear Detection Office.
          (2) In consultation with the Secretary of Defense, the 
        Secretary of Energy, the Secretary of State, the Nuclear 
        Regulatory Commission, the Intelligence Community, and the 
        Attorney General, an analysis of overall budget allocations 
        that determines whether Governmentwide nuclear detection 
        resources clearly align with identified priorities to maximize 
        results and minimize duplication of efforts.

SEC. 504. RADIATION PORTAL MONITOR ALTERNATIVES.

  (a) Sense of Congress.--It is the sense of Congress that in view of 
the Secretary's decision not to certify advanced spectroscopic portal 
monitors for primary screening applications because they do not offer a 
significant increase in operational effectiveness over existing 
technology, the Director must attempt to identify viable alternatives.
  (b) Analysis and Report.--The Director of the Domestic Nuclear 
Detection Office shall analyze and report to the appropriate 
congressional committees by not later than 90 days after the date of 
enactment of this Act on both existing and developmental alternatives 
to existing radiation portal monitors and advanced spectroscopic portal 
monitors that would provide the Department with a significant increase 
in operational effectiveness for primary screening for radioactive 
materials.

SEC. 505. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.

  (a) Findings.--Congress finds the following:
          (1) The Securing the Cities Initiative of the Department uses 
        next generation radiation detection technology to detect the 
        transport of nuclear and radiological material in urban areas 
        by terrorists or other unauthorized individuals.
          (2) The technology used by partners in the Securing the 
        Cities Initiative leverages radiation detection technology used 
        at ports of entry.
          (3) The Securing the Cities Initiative has fostered 
        unprecedented collaboration and coordination among its Federal, 
        State, and local partners.
          (4) The Securing the Cities Initiative is a critical national 
        capability to detect the dangerous introduction of nuclear and 
        radiological material.
  (b) Authorization of Appropriations.--Of amounts authorized by 
section 501, there is authorized to be appropriated to the Director of 
the Domestic Nuclear Detection Office of the Department for the 
Securing the Cities Initiative such sums as may be necessary for each 
of fiscal years 2011 and 2012, including--
          (1) for each city in which it has been implemented by fiscal 
        year 2009--
                  (A) $20,000,000 for fiscal year 2011; and
                  (B) $10,000,000 for fiscal year 2012; and
          (2) for additional Securing the Cities initiatives to be 
        implemented in not fewer than 2 sites participating in the 
        Urban Area Security Initiative, such sums as may be necessary 
        each fiscal year to implement and sustain each additional 
        initiative.

                    TITLE VI--CLARIFYING AMENDMENTS

SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

  Section 305 (6 U.S.C. 184) is amended--
          (1) by inserting ``(a) Establishment.--'' before the first 
        sentence; and
          (2) by adding at the end the following new subsections:
  ``(b) Congressional Tasking.--Upon a request of the chairman and the 
ranking minority member of an appropriate congressional committee, a 
federally funded research and development center established under this 
section may perform independent analysis of homeland security issues 
and report its findings to the appropriate congressional committees and 
the Secretary.
  ``(c) Congressional Oversight.--Federally funded research and 
development centers established under this section are encouraged, upon 
request of the chairman and the ranking minority member of an 
appropriate congressional committee, to provide to the committee a copy 
of any report it produces for the Department or any of its components.
  ``(d) Conflicts of Interest.--The Secretary shall review and revise, 
as appropriate, the policies of the Department relating to personnel 
conflicts of interest to ensure that such policies specifically address 
employees of federally funded research and development centers 
established under this section who are in a position to make or 
materially influence research findings or agency decisionmaking.
  ``(e) Annual Reports.--Each federally funded research and development 
center established under this section shall transmit to the Secretary 
and appropriate congressional committees an annual report on the 
activities of the center.''.

SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTITUTE.

  (a) Repeal.--Section 312 (6 U.S.C. 192) is repealed.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by striking the item relating to such section.

SEC. 603. GAO STUDY OF THE IMPLEMENTATION OF THE STATUTORY RELATIONSHIP 
                    BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF ENERGY 
                    NATIONAL LABORATORIES.

  (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
          (1) conduct a study to assess the implementation of the 
        statutory relationship between the Department and the 
        Department of Energy national laboratories, as established by 
        section 309(a)(2) of the Homeland Security Act of 2002 (6 
        U.S.C. 189(a)(2)); and
          (2) submit recommendations to the appropriate congressional 
        committees for appropriate improvements to such relationship.
  (b) Study Subjects.--The study shall include the following:
          (1) Review of how the Department and the Department of Energy 
        national laboratories--
                  (A) communicate needs and capabilities; and
                  (B) select projects to be performed by the Department 
                of Energy national laboratories under such statutory 
                relationship.
          (2) Review of contracting mechanisms that the Department and 
        the Department of Energy national laboratories use to initiate 
        and track work under such statutory relationship.
          (3) Review of the fraction of Department of Energy national 
        laboratory work performed for the Department under such 
        statutory relationship, compared to other Department of Energy 
        national laboratory work performed for the Department on a 
        ``work for others'' basis.
          (4) Review of the cost savings to the Department and the 
        Department of Energy achieved through use of such statutory 
        relationship, compared to other Department of Energy national 
        laboratory work performed for the Department on a ``work for 
        others'' basis.

   TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND 
                       ELECTRONIC INFRASTRUCTURES

SEC. 701. COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND 
                    ELECTRONIC INFRASTRUCTURES.

  (a) Establishment.--There is established the Commission on the 
Protection of Critical Electric and Electronic Infrastructures (in this 
section referred to as the ``Commission'').
  (b) Purposes.--
          (1) In general.--The purposes of the Commission are to--
                  (A) assess vulnerabilities of electric and electronic 
                infrastructures, including--
                          (i) all components of the United States 
                        electric grid, including electricity 
                        generation, transmission, distribution and 
                        metering; and
                          (ii) all computerized control systems used in 
                        all United States critical infrastructure 
                        sectors;
                  (B) provide a clear and comprehensive strategy and 
                specific recommendations for protecting these critical 
                electric and electronic infrastructures; and
                  (C) test, evaluate, and report on specific mitigation 
                protection and recovery devices or methods.
          (2) In particular.--The Commission shall give particular 
        attention to threats that can disrupt or damage critical 
        electric and electronic infrastructures, including--
                  (A) cyber attacks or unintentional cyber disruption;
                  (B) electromagnetic phenomena such as geomagnetically 
                induced currents, intentional electromagnetic 
                interference, and electromagnetic pulses caused by 
                nuclear weapons; and
                  (C) other physical attack, act of nature, or 
                accident.
  (c) Composition of Commission.--
          (1) Members.--The Commission shall be composed of 9 members, 
        of whom--
                  (A) 1 member shall be appointed by the Chairman of 
                the House of Representatives Committee on Homeland 
                Security;
                  (B) 1 member shall be appointed by the ranking 
                minority member of the House of Representatives 
                Committee on Homeland Security;
                  (C) 1 member shall be appointed by the Chairman of 
                the House of Representatives Committee on Energy and 
                Commerce;
                  (D) 1 member shall be appointed by the ranking 
                minority member of the House of Representatives 
                Committee on Energy and Commerce;
                  (E) 1 member shall be appointed by the Chairman of 
                the Senate Committee on Homeland Security and 
                Governmental Affairs;
                  (F) 1 member shall be appointed by the ranking 
                minority member of the Senate Committee on Homeland 
                Security and Governmental Affairs;
                  (G) 1 member shall be appointed by the Chairman of 
                the Senate Committee on Energy and Natural Resources;
                  (H) 1 member shall be appointed by the ranking 
                minority member of the Senate Committee on Energy and 
                Natural Resources; and
                  (I) 1 member who shall serve as the Chairman of the 
                Commission, and who shall be appointed by the Speaker 
                of the House of Representatives with the concurrence of 
                the President Pro Tempore of the Senate.
          (2) Qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be United States 
        citizens, with significant depth of experience in electric and 
        electronic infrastructures, their function, and their 
        protection, as well as the threats to these infrastructures as 
        identified in subsection (b)(2).
          (3) Deadline for appointment.--All members of the Commission 
        shall be appointed within 30 days after the date of enactment 
        of this Act.
          (4) Initial meeting.--The Commission shall meet and begin the 
        operations of the Commission as soon as practicable.
          (5) Quorum; vacancies.--After its initial meeting, the 
        Commission shall meet upon the call of the Chairman or a 
        majority of its members. Six members of the Commission shall 
        constitute a quorum. Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
  (d) Responsibilities of Commission.--The Commission shall address--
          (1) the quantification of the threats identified in 
        subsection (b)(2) to the United States electric and electronic 
        infrastructure, and a cost-benefit analysis of possible 
        protection and recovery strategies;
          (2) the roles, missions, and structure of all relevant 
        Federal, State, and local government departments and agencies 
        with responsibilities for ensuring protection and reliability 
        for electric and electronic infrastructures;
          (3) the roles, missions, and structure of all relevant 
        private sector entities with responsibilities for ensuring 
        protection and reliability for electric and electronic 
        infrastructures;
          (4) inter-agency coordination between and among the entities 
        identified in paragraphs (2) and (3); and
          (5) recommendations for protections and recovery devices and 
        measures.
  (e) Powers of Commission.--
          (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this section, 
        hold such hearings and sit and act at such times and places, 
        take such testimony, receive such evidence, and administer such 
        oaths as the Commission or such designated subcommittee or 
        designated member may determine advisable.
          (2) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriations Acts, enter into 
        contracts to enable the Commission to discharge its duties 
        under this subtitle.
          (3) Staff of commission.--
                  (A) Appointment and compensation.--The Chairman of 
                the Commission, in accordance with rules agreed upon by 
                the Commission, may appoint and fix the compensation of 
                a staff director and such other personnel as may be 
                necessary to enable the Commission to carry out its 
                functions, without regard to the provisions of title 5, 
                United States Code, governing appointments in the 
                competitive service, and without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of such title relating to classification and General 
                Schedule pay rates, except that no rate of pay fixed 
                under this subsection may exceed the equivalent of that 
                payable for a position at level I of the Executive 
                Schedule under section 5316 of title 5, United States 
                Code.
                  (B) Personnel as federal employees.--
                          (i) In general.--The executive director and 
                        any employees of the Commission shall be 
                        employees under section 2105 of title 5, United 
                        States Code, for purposes of chapters 63, 81, 
                        83, 84, 85, 87, 89, and 90 of that title.
                          (ii) Members of commission.--Subparagraph (A) 
                        shall not be construed to apply to members of 
                        the Commission.
                  (C) Detailees.--Any Federal Government employee may 
                be detailed to the Commission without reimbursement 
                from the Commission, and such detailee shall retain the 
                rights, status, and privileges of his or her regular 
                employment without interruption.
                  (D) Consultant services.--The Commission may procure 
                the services of experts and consultants in accordance 
                with section 3109 of title 5, United States Code, but 
                at rates not to exceed the daily rate paid a person 
                occupying a position at level I of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.
                  (E) Security clearances.--The Chairman shall place an 
                emphasis on hiring and retaining employees, 
                contractors, and detailees with active security 
                clearances. For employees who do not have security 
                clearances but are determined by the Chairman to need 
                them, the Central Intelligence Agency, Department of 
                Energy, Department of Defense, and any other relevant 
                agency shall expedite the necessary clearance 
                processes.
                  (F) Former emp commission staff and resources.--The 
                Chairman may make use of any existing and viable staff 
                and resources previously employed by the Commission to 
                Assess the Threat to the United States from 
                Electromagnetic Pulse Attack established by section 
                1401 of Public Law 106-398 (114 Stat. 1654A-345).
          (4) Information from federal agencies.--
                  (A) In general.--The Commission may secure directly 
                from any executive department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality of the Government, information, 
                suggestions, estimates, and statistics for the purposes 
                of this section. Each department, bureau, agency, 
                board, commission, office, independent establishment, 
                or instrumentality shall, to the extent authorized by 
                law, furnish such information, suggestions, estimates, 
                and statistics directly to the Commission, upon request 
                made by the Chairman, the chairman of any subcommittee 
                created by a majority of the Commission, or any member 
                designated by a majority of the Commission.
                  (B) Receipt, handling, storage, and dissemination.--
                Information shall only be received, handled, stored, 
                and disseminated by members of the Commission and its 
                staff consistent with all applicable statutes, 
                regulations, and Executive orders.
          (5) Assistance from federal agencies.--
                  (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis and as necessary, 
                administrative support and other services for the 
                performance of the Commission's functions.
                  (B) Other departments and agencies.--In addition to 
                the assistance prescribed in paragraph (1), departments 
                and agencies of the United States may provide to the 
                Commission such services, funds, facilities, staff, and 
                other support services as they may determine advisable 
                and as may be authorized by law.
          (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
          (7) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
  (f) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
          (1) hold public hearings and meetings to the extent 
        appropriate;
          (2) release public versions of the report required under 
        subsection (g); and
          (3) conduct any public hearing in a manner consistent with 
        the protection of sensitive or classified information provided 
        to or developed for or by the Commission as required by any 
        applicable statute, regulation, or Executive order.
  (g) Report.--Not later than 180 days after the appointment of the 
Commission, and annually thereafter, the Commission shall submit to the 
President and Congress a report containing such findings, conclusions, 
and recommendations for protection and recovery measures for electric 
and electronic infrastructures as have been agreed to by a majority of 
Commission members.
  (h) Funding.--Of the amounts authorized by section 101, there is 
authorized to be appropriated for the activities of the Commission 
under this section--
          (1) $4,000,000 for fiscal year 2011; and
          (2) $4,000,000 for fiscal year 2012.

                          Purpose and Summary

    The purpose of H.R. 4842 is to authorize the Directorate of 
Science and Technology of the Department of Homeland Security 
for fiscal years 2011 and 2012.

                  Background and Need for Legislation

    Congress authorized the Science and Technology Directorate 
in the Homeland Security Act of 2002. The Domestic Nuclear 
Detection Office was authorized by the Security and 
Accountability For Every Port Act of 2006. Over the years, the 
Committee on Homeland Security has considered measures 
affecting both components, but has never passed a 
comprehensive, multi-year authorization like H.R. 4842.
    In March 2009, on a bipartisan basis, the Committee on 
Homeland Security began a review of the activities of the 
Department's Science and Technology Directorate and Domestic 
Nuclear Detection Office. The Homeland Security Act broadly 
authorizes the Under Secretary for Science and Technology to 
conduct research, development, testing, and evaluation 
activities for the Department, utilizing national laboratories 
and federally funded research and development centers, and 
specifically transfers a number of functions to the Under 
Secretary for the purposes of achieving his or her 
responsibilities. In reviewing the Department's use of these 
authorities, the Committee determined that accountability and 
internal procedures, essential to the Department's ability to 
perform its research and development mission, were 
insufficient.
    The Homeland Security Science and Technology Authorization 
Act of 2010 addresses management, administration, and 
programmatic areas affecting the Science and Technology 
Directorate (``S&T'') and the Domestic Nuclear Detection Office 
(``DNDO''). The legislation principally emphasizes management 
and administrative aspects. To foster a culture that puts the 
needs of S&T's customers at the forefront, and more closely 
align research and development activities with identified 
homeland security risks, the legislation directs the 
establishment of a more rigorous process within the S&T 
Directorate for identifying, prioritizing, and funding research 
opportunities. The legislation places a number of additional 
reporting requirements on the Department to ensure compliance 
with the law and Congressional intent. The legislation contains 
several specific programmatic areas for research.

                                Hearings

    No specific legislative hearing was held on H.R. 4842, 
though the Committee did hold related oversight hearings.
    On March 3, 2010, the Committee's Subcommittee on Emerging 
Threats, Cybersecurity, Science and Technology held an 
oversight hearing entitled ``The Department of Homeland 
Security's Science and Technology Directorate.'' The 
Subcommittee received testimony from Dr. Tara O'Toole, Under 
Secretary for Science and Technology at the Department of 
Homeland Security. During the hearing, Under Secretary O'Toole 
expressed support for concepts contained within the Committee's 
legislation.
    On July 21, 2009, the Committee's Subcommittee on Emerging 
Threats, Cybersecurity, and Science and Technology held a 
hearing entitled ``Securing the Modern Electric Grid from 
Physical and Cyber Attacks.'' The Subcommittee received 
testimony from Dr. William Graham, Chair, Commission to Assess 
the Threat to the United States from Electromagnetic Pulse; Mr. 
Mark Fabro, President and Chief Security Scientist, Lofty 
Perch; Mr. Michael Assante, Chief Security Officer, North 
American Electric Reliability Corporation; Mr. Steve Naumann, 
Vice President of Wholesale Markets, Representing Edison 
Electric Institute and Electric Power Supply Association; Mr. 
Joe McClelland, Director of Reliability, Federal Energy 
Regulatory Commission; Ms. Patricia Hoffman, Acting Assistant 
Secretary, Office of Electricity Delivery and Energy 
Reliability; Mr. Sean McGurk, Director, Control Systems 
Security Program, Department of Homeland Security; and Ms. Cita 
Furlani, Director, Information Technology Laboratory, National 
Institute of Standards and Technology.
    On June 9, 2009, the Committee's Subcommittee on Emerging 
Threats, Cybersecurity, Science and Technology held an 
oversight hearing entitled ``The FY 2010 Budget for the 
Directorate for Science & Technology, the Office of Health 
Affairs, and the Domestic Nuclear Detection Office.'' The 
Subcommittee received testimony from Mr. Brad Buswell, Acting 
Under Secretary for Science and Technology, Chuck Gallaway, 
Acting Director of the Domestic Nuclear Detection Office, and 
Dr. John Krohmer, Acting Assistant Secretary and Chief Medical 
Officer, Office of Health Affairs. The testimony of these 
individuals helped establish the Committee's legislative 
priorities for the Science and Technology Directorate and the 
Domestic Nuclear Detection Office.

                        Committee Consideration

    On March 16, 2010, the Subcommittee on Emerging Threats, 
Cybersecurity, and Science and Technology considered H.R. 4842 
and ordered the measure to be forwarded to the Full Committee 
for consideration, with the recommendation that it be adopted, 
by voice vote.
The Subcommittee took the following actions:
    The Subcommittee adopted H.R. 4842, as amended, by voice 
vote.
The following amendments were offered:
         An amendment offered by Mr. Austria to H.R. 4842, 
(#1), In section 402--(1) before the text insert ``(a) 
Authorization of Appropriations.--''; and (2) add at the end 
the following new subsection entitled ``(b) Criteria for 
Designation.''; was AGREED TO by voice vote.
         An amendment offered by Ms. Kilroy to H.R. 4842, (#2), 
In section 404(b), strike ``and'' after the semicolon at the 
end of paragraph (5), and insert after paragraph (5) the 
following new paragraph (and redesignate accordingly): (6) 
develop and support cyber forensics and attack attribution; 
and; was AGREED TO by voice vote.
         An amendment offered by Ms. Sanchez to H.R. 4842, 
(#3), In section 405(b)(2), strike ``critical societal 
functions'' and insert ``critical functions, including 
provisions of electricity and resiliency of the financial 
sector''. In section 405(b)(6) before the period insert ``, 
including analysis of the current marketplace and 
recommendations to promote cybersecurity insurance''.; was 
AGREED TO by voice vote.
         An amendment offered by Mr. Lujan to H.R. 4842, (#4), 
At the end of title IV add a new section entitled ``Sec. _. GAO 
Study of the Implementation of the special statutory 
relationship between the Department and the Department of 
Energy National Laboratories.''; was AGREED TO by voice vote.

    The Committee on Homeland Security considered H.R. 4842 on 
April 15, 2010, and ordered H.R. 4842 to be favorably reported 
to the House, as amended, by a recorded vote of 26 yeas and 0 
nays (Roll Call Vote No. 23).
The Committee adopted H.R. 4842, as amended, by voice vote.
The following amendments were offered:
         An Amendment in the Nature of a Substitute offered by 
Mr. Thompson to H.R. 4842, (#1); was AGREED TO by voice vote.
        A unanimous consent request to adopt amendments 
        numbered #1A through #1P, as amended, where applicable, 
        was agreed to.
           An Amendment offered by Ms. Titus to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1A); Page 16, 
line 24, before the semicolon insert ``, which shall include 
policies to ensure that operational testing is done at 
facilities that already have relevant and appropriate safety 
and material certifications to the extent such facilities are 
available.''; was AGREED TO by unanimous consent.
           An Amendment offered by Mr. Cao to the Amendment in 
the Nature of a Substitute to H.R. 4842, (#1B); At the end of 
title IV add a new section entitled ``Sec. _. Homeland Security 
Science and Technology Fellows Program.''; was AGREED TO by 
unanimous consent.
           An Amendment offered by Mr. Owens to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1C); Page 23, 
strike ``and'' after the semicolon at line 5, strike the period 
at line 8 and insert ``and'', and after line 8 and insert a new 
clause: (v) in reviewing proposals submitted to the Secretary, 
shall give priority to any proposal submitted by a small 
business concern as defined under section 3 of the Small 
Business Act (15 U.S.C. 632).; was AGREED TO by unanimous 
consent.
           An Amendment offered by Mr. Olson to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1D); At the end 
of title IV add a new section entitled ``Sec. _ Biological 
Threat Agent Assay Equivalency.''; was AGREED TO by unanimous 
consent.
           An Amendment offered by Ms. Kirkpatrick to the 
Amendment in the Nature of a Substitute to H.R. 4842, (#1E); At 
the end of title IV add a new section entitled ``Sec. _. Study 
of Feasibility and Benefit of Expanding or Establishing Program 
to Create a New Cybersecurity Capacity Building Track at 
Certain Institutions of Higher Education.''; was AGREED TO by 
unanimous consent.
           An Amendment offered by Mr. Souder to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1F); Section 409 
is amended with the following: Page 40, line 10--strike the 
``.'' and insert `` , and to enhance the development of border 
security technology.'' and by adding a new subsection entitled 
``(f) Border Security.''; was AGREED TO by unanimous consent.
           An Amendment offered by Ms. Harman to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1G); At the end 
of title IV add a new section entitled ``Sec. _. Sense of 
Congress Regarding Centers of Excellence.''; was AGREED TO by 
unanimous consent.
           An Amendment offered by Ms. Harman to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1H); At the end 
of title IV add a new section entitled ``Sec. _. Assessment, 
Research, Testing, and Evaluation of Technologies to Mitigate 
the Threat of Small Vessel Attack.''; was AGREED TO by 
unanimous consent.
           An Amendment offered by Mr. McCaul to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1I); In Section 
404 ``Cybersecurity and Research and Development'', insert a 
new subsection (d) entitled ``Authorization of Cybersecurity 
Preparedness Consortium and Training Center.''; was AGREED TO, 
as amended, by unanimous consent.
             An Amendment offered by Ms. Jackson Lee to the 
Amendment offered by Mr. McCaul (#1I) to the Amendment in the 
Nature of a Substitute to H.R. 4842, (#1I1); In proposed 
section 226(c), in paragraph (3) after ``Department'' strike 
the period and insert ``: and'' and after paragraph (3) insert 
a new paragraph (4) At the end of the proposed section 226, add 
a new subsection entitled ``(d) Definitions.''; was AGREED TO 
by unanimous consent.
         An Amendment offered by Mr. McCaul to the Amendment in 
the Nature of a Substitute to H.R. 4842, (#1J); At the end of 
title IV add a new section entitled ``Sec. _. Research and 
Development Projects.''; was AGREED TO by unanimous consent.
           An Amendment offered by Mr. McCaul to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1K); At the end 
of title II, section 202, insert a new section entitled ``(7) 
Evaluation of Department of Defense Technologies''.; was AGREED 
TO by unanimous consent.
           An Amendment offered by Ms. Clarke to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1L); At the end 
of title IV add a new section entitled ``Sec. _. National Urban 
Security Technology Laboratory.''; was AGREED TO by unanimous 
consent.
           An Amendment offered by Ms. Jackson Lee to the 
Amendment in the Nature of a Substitute to H.R. 4842, (#1M); 
Page 21, line 4, before ``provide'' insert ``engage and 
initiate proactive outreach efforts and''.; was AGREED TO by 
unanimous consent.
           An Amendment offered by Ms. Jackson Lee to the 
Amendment in the Nature of a Substitute to H.R. 4842, (#1N); 
Page 37, strike line 17 and insert the following: (2) An 
identification of any attackers, including any affiliations 
with terrorists, terrorist organizations, state entities and 
non-state entities.; was AGREED TO by unanimous consent.
           An Amendment offered by Ms. Jackson Lee to the 
Amendment in the Nature of a Substitute to H.R. 4842, (#1O); 
Page 33, beginning at line 17, strike ``including monitoring 
technologies'' and insert ``including real-time monitoring and 
real-time analytic technologies''; Page 33, line 20, strike 
``for'' and insert ``and policies for real-time'' after 
``techniques for''; Page 33, line 21, insert a comma after 
``attacks''.; was AGREED TO by unanimous consent.
           An Amendment offered by Mr. Cuellar to the Amendment 
in the Nature of a Substitute to H.R. 4842, (#1P); Page 13, 
line 19, strike the period and insert ``including through 
randomized sampling, focus groups, and other methods as 
appropriate.''. Page 13, strike ``and'' after the semicolon at 
line 15, strike the period at line 19 and insert ``; and'', and 
after line 19 insert the following new paragraph: ``(3) 
establish standards and performance measures to be met by the 
Directorate in order to provide high-quality customer 
service.'' Page 15, line 10, after ``collected'' insert ``and 
the success of the Directorate in meeting the customer service 
performance and standards''.; was AGREED TO by unanimous 
consent.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Subcommittee on Emerging Threats, Cybersecurity, and 
Science and Technology considered H.R. 4842 on March 16, 2010, 
no recorded votes were requested during the Subcommittee 
consideration.

    The Full Committee considered H.R. 4842 on April 15, 2010. 
The following recorded vote was requested:

    H.R. 4842, to authorize appropriations for the Directorate 
of Science and Technology of the Department of Homeland 
Security for fiscal years 2011 and 2012, and for other 
purposes., was ordered to be favorably reported to the House, 
as amended, by a recorded vote of 26 yeas and 0 nays (Roll Call 
Vote No. 23).
    The vote was as follows:
        YEAS                          NAYS
Mr. Thompson
Ms. Sanchez
Mr. Cuellar
Mr. Carney
Ms. Clarke
Ms. Richardson
Mrs. Kirkpatrick
Mr. Lujan
Mr. Owens
Mr. Pascrell
Mr. Cleaver
Mr. Green
Mr. Himes
Ms. Kilroy
Ms. Titus
Mr. King
Mr. Smith
Ms. Souder
Mr. Lungren
Mr. Rogers
Mr. McCaul
Mr. Dent
Mr. Bilirakis
Mr. Olson
Mr. Cao
Mr. Austria

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.
    In March 2009, on a bipartisan basis, the Committee on 
Homeland Security began conducting a review of the activities 
of the Department of Homeland Security's (``Department'' or 
``DHS'') Science and Technology Directorate (``S&T'') and the 
Domestic Nuclear Detection Office (``DNDO''). The Committee 
engaged the homeland security research and development 
community--including small, medium, and large companies, 
national laboratories, ``think-tanks'', and other interested 
parties--in a series of meetings designed to provide 
stakeholders an opportunity to provide the Committee feedback 
about the existing structure of the Science and Technology 
Directorate and the Domestic Nuclear Detection Office and 
propose recommendations for improvement. The Committee received 
extensive feedback from these meetings, and incorporated many 
of the findings from those discussions into the legislation.
    Since the inception of the Science and Technology 
Directorate, many observers--including Congress--have been 
critical of its performance. In fact, for the first several 
years of its existence, the Directorate was criticized for 
being a ``hobby shop,'' working on technological fixes that 
were not obviously tied into the mission of the Department. In 
2006, Admiral Jay Cohen was appointed Under Secretary, 
promising to change the culture and project selection 
methodology. Under Secretary Cohen enjoyed some success 
according to a recent comprehensive review of the Directorate 
by the National Academy of Public Administration (NAPA): ``S&T 
has made strides towards becoming a mature and productive 
research and development organization, particularly during the 
last three years.'' However, NAPA found that despite these 
advancements, the Directorate's ability to fulfill its mission 
is ``limited by the lack of a cohesive strategy, the insularity 
that defines its culture, and the lack of mechanisms necessary 
to assess its performance in a systematic way.''
    In performing a year-long review of the Directorate, the 
Committee found that while it has become more responsive to the 
needs of Department components--its primary customers--when it 
comes to funding research, the Directorate lacks a robust 
methodology to determine what projects to fund, how much to 
fund, how to transition them into acquisition programs, and how 
to evaluate their effectiveness. Further, the Directorate is 
unable to provide specific evidence that DHS-funded research is 
being transitioned into technologies for operators to use, that 
operators are satisfied with the technology or service that the 
Directorate provides, or that DHS-funded projects are 
effectively reducing security risks to the homeland.
    S&T research activities have indeed led to improved 
security of the Nation. In response to Committee questions, the 
Directorate points to a number of technologies, products, and 
services that it has delivered since 2003; many of these items 
are being used by customers from DHS, the first responder 
community, and infrastructure owners and operators. While the 
Directorate should be commended for these activities, it must 
do more to create robust processes to ensure the effectiveness 
and usefulness of the technologies it creates.
    The Committee believes that requiring S&T to establish 
management and administration processes will enhance the long-
term productivity and effectiveness of the Directorate.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

     In compliance with clause 3(c)(2) of rule XIII of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 4842, the Homeland Security Science and Technology 
Authorization Act of 2010, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

     The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 3, 2010.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4842, the Homeland 
Security Science and Technology Authorization Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4842--Homeland Security Science and Technology Authorization Act 
        of 2010

    Summary: H.R. 4842 would authorize the appropriation of 
about $1.1 billion for fiscal year 2011 and about $1.2 billion 
for 2012 for the Directorate of Science and Technology in the 
Department of Homeland Security (DHS). The bill also would 
authorize the appropriation of about $306 million for 2011 and 
$315 million for 2012 for the Domestic Nuclear Detection Office 
in DHS. Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the bill would cost $2.9 billion 
over the 2011-2015 period.
    In addition, H.R. 4842 would establish a Commission on the 
Protection of Critical Electric and Electronic Infrastructures. 
Because the bill would authorize the commission to accept and 
use gifts, enacting the legislation could have a negligible 
impact on offsetting receipts and associated direct spending. 
Therefore, pay-as-you-go procedures would apply to the 
legislation. Enacting H.R. 4842 would not affect revenues.
    H.R. 4842 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4842 is shown in the following table. 
The costs of this legislation fall within budget function 750 
(administration of justice). CBO assumes that the amounts 
authorized will be appropriated by the start of each fiscal 
year and that outlays will follow the historical rate of 
spending for the authorized activities.

----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in millions of dollars--
                                                             ---------------------------------------------------
                                                               2011    2012    2013    2014    2015    2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.........................................   1,428   1,470       0       0       0       2,898
Estimated Outlays...........................................     554     959     885     500       0       2,898
----------------------------------------------------------------------------------------------------------------

    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table. 
(Enacting the bill would not affect revenues.)

 CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4842, THE HOMELAND SECURITY SCIENCE AND TECHNOLOGY AUTHORIZATION ACT OF 2010, AS ORDERED REPORTED BY THE
                                                 HOUSE COMMITTEE ON HOMELAND SECURITY ON APRIL 15, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars
                                                    ----------------------------------------------------------------------------------------------------
                                                      2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020   2010-2015   2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.....................      0      0      0      0      0      0      0      0      0      0      0           0           0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 4842 
contains no intergovernmental mandates as defined in UMRA and 
would impose no costs on state, local, or tribal governments.
    Estimate prepared by: Federal Costs: Mark Grabowicz; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

     Pursuant to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, H.R. 4842 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 4842 authorizes the activities of the Department of 
Homeland Security's Science and Technology Directorate and the 
Domestic Nuclear Detection Office for Fiscal Years 2011 and 
2012. H.R. 4842 authorizes overall appropriations levels for 
the two entities, sets requirements for management and 
administration, risk analysis, research, development, testing 
and evaluation activities, and reporting to Congress. In 
addition, H.R. 4842 authorizes certain specific programs of 
particular interest to Congress and authorizes a new 
Congressional Commission to assist Congress and the Department 
in protecting our critical infrastructure.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

     In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

     The Committee finds that the legislation does not relate 
to the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Sec. 1.   Short Title.
    ``Homeland Security Science and Technology Authorization 
Act of 2010.''

Sec. 2.   Table of Contents.

Sec. 3.   Definitions.
    Defines ``appropriate congressional committee'' as 
``Committee on Homeland Security of the House of 
Representatives and any committee of the House of 
Representatives or the Senate having legislative jurisdiction 
under the rules of the House of Representatives or the Senate, 
respectively, over the matters concerned''; ``Department''; 
``Directorate''; ``Secretary''; and ``Under Secretary.''

Sec. 4.   References.
    States that the Homeland Security Act of 2002 is the Act 
that is being amended by this legislation unless otherwise 
noted.

        TITLE I-- Authorization of Appropriations

Sec. 101.   Authorization of Appropriations.
    Authorizes appropriations of $1,121,664,000 for fiscal year 
2011, and $1,155,313,920 for fiscal year 2012 for the Science 
and Technology Directorate.

        TITLE II-- Management and Administration

Sec. 201.   Research Prioritization and Requirements; 
Professional Development; Milestones and Feedback.
    This section requires the Secretary, within 180 days of 
enactment, to establish requirements for how basic and applied 
homeland security research is identified, prioritized, funded, 
tasked, and evaluated by Science and Technology Directorate 
(``S&T''), including relative roles and responsibilities of 
high-level Department of Homeland Security (``Department'' or 
``DHS'') officials.
    The requirements shall: identify S&T customers; describe 
the Department's risk assessment tools used to prioritize and 
fund research projects; describe project tasking methodology 
used by the Directorate; describe protocols to assess 
commercial technology prior to conducting new research; and 
detail first responder participation including through a 
publicly accessible portal.
    Not later than one year after issuing the requirements, the 
Secretary is required to establish a mandatory workforce 
program to help S&T customers better identify and prioritize 
homeland security capability gaps and a system to collect 
performance feedback from customers.
    Starting 120 days after enactment, the Inspector General of 
the Department of Homeland Security is required to submit 
quarterly updates on the status of the requirements and the 
implementation of activities in support of the requirements.
    To inform these requirements, this section also requires 
the Secretary to: (1) submit to Congress an annual prioritized 
assessment of homeland risks, S&T's approach to mitigating 
those risks, and whether S&T's products have helped reduce 
those risks; and (2) to conduct research on how to most 
effectively communicate risk information to the media as well 
as directly to the public, both on an ongoing basis and during 
times of emergency.
    This section also requires an annual report on the 
research, development, testing, evaluation, prototyping, and 
deployment activities of the Homeland Security Advanced 
Research Projects Agency for the previous year, including how 
those activities are tied to risk.
    Sixty days prior to establishing the mandatory workforce 
program to enhance S&T customers' ability to identify and 
prioritize homeland security capability gaps, the Secretary is 
required to report to Congress on how technological capability 
requirements are developed within the Department, whether there 
is adequate job training within the Department for this 
activity, how S&T can enhance technology requirements 
development, and whether Congress should authorize an 
additional training program for this activity. If training is 
required, the section requires the Secretary to specify which 
Departmental employees would benefit, a suggested curriculum, 
projected costs for the program, and other details. The 
Secretary is encouraged to use a federally funded research and 
development center to carry out requirements of the section to 
enhance professional development.
    This section also requires the Secretary to establish a 
system to monitor and account for homeland security research 
milestones, create a formal process for collecting feedback 
from customers on the effectiveness of the product delivered by 
S&T, and establish standards and performance measures to be met 
by S&T to provide high-quality service to its customers.
    The Secretary must issue guidance to homeland security 
researchers funded by S&T on setting research milestones.
    Under this section, the Under Secretary must submit an 
annual report describing the actions taken to achieve the goals 
of this section, including information on the extent to which 
research milestones for each Department-funded research project 
costing at least $80,000,000 are met.
    The Committee believes that the Department should make its 
decisions based on risk, whenever possible. The requirement for 
an annual, prioritized risk analysis, a key element not only of 
this section but also called for in the Quadrennial Homeland 
Security Review, is intended to provide a basis for the 
Secretary's decisions regarding resource allocation, 
operational activities, and technology development.
    The Committee believes that a well-informed, engaged, and 
resilient public increases our homeland security. To that end, 
the Committee directs the Under Secretary to research and 
develop how best to communicate homeland security information 
to the public.
    The Committee strongly believes that for S&T to succeed in 
meeting the homeland security technology needs of the 
Department, there must be a cadre of personnel at the 
Department with the capacity to appropriately define 
requirements. The Committee intends to help bolster capacity 
throughout the Department by requiring the Secretary to provide 
mandatory training to the DHS workforce.
    This section also requires the Directorate to describe the 
processes used by S&T to strengthen first responder 
participation in identifying and prioritizing homeland security 
technological gaps. The Committee believes that the 
TechSolutions Program, an S&T program that allows the emergency 
response community to identify mission capability gaps that can 
be addressed by S&T through information, resources, and 
technology solutions, meets the requirements of this 
subsection. The Committee does not intend this subsection to 
diminish, supersede, or replace the responsibilities, 
authorities, or role of S&T's TechSolutions Program.

Sec. 202.   Testing, Evaluation, and Standards.
    This section establishes a Division of Test, Evaluation, 
and Standards, headed by a Director. The purpose of the 
Division is to assist S&T customers (Department components and 
others) in developing operational and performance testing plans 
and procedures, and developing and coordinating the adoption of 
national homeland security standards. Within the Division, the 
Deputy Director of Testing has responsibility to monitor and 
review operational testing and evaluation activities and the 
Standards Executive is responsible for supporting the 
development and adoption of voluntary standards.
    The Committee strongly believes that when performance and 
operational testing is conducted by the same entity responsible 
for procurement, conflicts can arise. The difficulties 
experienced by the Department with the Advanced Spectroscopic 
Portal SBInet, and the Deepwater programs underscore the need 
for an independent entity to oversee technology testing. The 
Committee believes that this section is in line with the 
Secretary of Homeland Security's recent decision to pursue an 
independent testing and evaluation function for the Department.

Sec. 203.   Peer Review.
    This section requires the Under Secretary to develop and 
oversee guidelines for independent, external, scientific peer 
review of research projects. The Secretary must report on these 
activities not later than 60 days after completion of the first 
peer review.
    The Committee believes that the integration of a peer 
review process into the Department's science and technology 
research and development efforts has the potential to enhance 
the effectiveness of these efforts. The Committee believes that 
peer review, a cornerstone of scientific advancement, should be 
conducted on homeland security research or technologies 
developed by S&T whenever possible.

Sec. 204.   Office of Public-Private Partnerships.
    Section 204 establishes the Office of Public-Private 
Partnerships, headed by a Director, with the responsibility to 
engage and initiate proactive outreach to persons in need of 
guidance on pursuing technology proposals with the Department, 
coordinate within the Department on technology announcements, 
promote interaction between the public and private sector to 
accelerate transition research, and conduct market analysis of 
technologies.
    This section also creates the Rapid Review Division, a 
component of the Office of Public-Private Partnerships, which 
is responsible for establishing and publicizing an accessible, 
streamlined system to conduct timely reviews of unsolicited 
technology proposals (within 60 days of submission) and, upon 
completion of the review, submit promising proposals to the 
Director of Homeland Security Advanced Research Projects Agency 
(HSARPA) and other components for their consideration.
    The Office may not consider or evaluate technology 
proposals submitted in response to a pending procurement.
    Finally, this section authorizes the Director of the Office 
to establish up to three satellite offices and authorizes 
$30,000,000 for fiscal years 2011 and 2012 for the Office.
    The Committee believes that the creation of a standing 
Office of Public-Private Partnership has great potential to 
enhance S&T's ability to meet the needs of its customers by 
fostering greater participation by firms that had not 
previously been able to access information and avenues to work 
with S&T. The Committee also strongly believes that the 
establishment of a Rapid Review Division will provide S&T with 
the ability to effectively assess unsolicited scientific 
proposals and, in short order, refer promising proposals that 
address customer-identified homeland security capability gaps 
to HSARPA or the appropriate component for further 
consideration.

        TITLE III-- Reports

Sec. 301.   Directorate of Science and Technology Strategic 
Plan.
    This section requires the Under Secretary to submit to 
Congress a strategic plan for the activities of S&T one year 
after enactment and every other year thereafter, to include 
long-term strategic goals; identification of programs that 
support these goals; connection of S&T programs to homeland 
security capability gaps identified by customers; role of the 
risk analysis in S&T programs; a technology transition 
strategy; and a description of policies on management, 
organization, and personnel. This plan must be prepared in 
accordance with applicable Federal requirements.

Sec. 302.   Report on Technology Requirements.
    Within 90 days of enactment and biannually thereafter, 
section 302 requires the Under Secretary to submit to Congress 
a list of detailed operational and technical requirements to 
Congress for projects having a Federal cost share of greater 
than $80,000,000. This section also requires that the Secretary 
submit a list of detailed operational and technical 
requirements for Department component projects with life-cycle 
costs of over $1,000,000,000.

Sec. 303.   Report on Venture Capital Organization.
    Not later than a year after enactment, this section 
requires the Secretary to report to Congress on the current 
role of the venture capital community in homeland security 
technology development, including its impact on small 
businesses, and recommendations about creating a non-profit 
venture capital organization for the purposes of delivering 
advanced homeland security technologies.
    It specifically requires the Secretary to provide a 
description of how DHS works with emerging technology firms--in 
particular small business concerns, small businesses owned and 
operated by women, small businesses owned and operated by 
veterans, and minority-owned and operated businesses.
    It also requires the Secretary to review venture capital 
organizations associated with the Department of Defense 
(``DoD''), like In-Q-Tel and OnPoint, to determine if these DOD 
models would work for DHS. The Secretary is required to deliver 
recommendations for how Congress could authorize the 
establishment of a venture capital organization for DHS and 
specifics on potential funding levels, activities for the 
organization (including the provision of technical assistance) 
and whether there should be set asides for minority-owned 
businesses and businesses located in economically disadvantaged 
areas.
    The Committee believes that the establishment of a venture 
capital capability at DHS would not only foster greater 
homeland security innovation but would spur economic growth by 
creating new avenues for small businesses, including minority-
owned and women-owned businesses, with promising technologies 
to receive critical financing.
    The Committee is interested in reviewing the Secretary's 
recommendations on how a private, independent, not-for-profit 
organization designed to bridge the gap between homeland 
security needs and available technologies could be established 
to help develop advanced homeland security technologies.
    In addition to information required in this section, the 
Committee would also find value in learning the extent to which 
the Secretary believes that such an organization should have 
experience in identifying and describing the technology 
requirements of the federal government; experience identifying 
the marketplace need for a product or service; knowledge of 
approaches to limit the inherent risk involved with research; 
experience with adapting commercially-oriented technologies for 
military use; and a history of working with leading venture 
capital institutions.

        TITLE IV-- Directorate of Science and Technology 
        Programs

Sec. 401.   Limitations on Research.
    This section limits the Department from conducting research 
unless it addresses--to the greatest extent possible--a 
prioritized risk to the homeland (as identified by a 
Departmental risk analysis required in section 201 of this 
bill).
    The Committee believes that, whenever possible, all S&T 
research, development, and acquisition decisions should be made 
under a risk-based framework. The Committee has found instances 
where S&T has made funding decisions without a robust analysis 
of the extent to which the potential technology would address a 
homeland security capability gap identified by S&T or a 
Department component. With this section, the Committee intends 
for S&T to focus research and development on areas that have 
been identified, through a proper risk analysis, as being a 
prioritized homeland security risk.

Sec. 402.   University-Based Centers.
    Section 402 authorizes $40,000,000 for the university-based 
centers program for fiscal year 2011 and $41,200,000 million 
for fiscal year 2012. This section specifies that existing 
areas of research, as defined in the Homeland Security Act, can 
include research of medical readiness and explosive 
countermeasures development.

Sec. 403.   Review of University-Based Centers.
    This section requires the Comptroller General (CG) to 
initiate, not later than 120 days after enactment of this Act, 
a study of the university-based centers for homeland security 
program and provide recommendations for improvements. Topics to 
be considered by the CG include: method of tasking university 
centers (and compare that to the method by which the Department 
tasks federally funded research and development centers and 
national labs); key areas for centers to consider; selection 
criteria for centers; optimal organization and role of centers; 
and measuring center successes. This section places a 
moratorium on the creation of new university-based centers 
until completion of this CG review to protect the existing 
programs that have been targeted for significant cuts in the 
fiscal year 2011 S&T budget request.
    The Committee has a strong interest in seeing a greater 
utilization of the institutions that participate in the 
University-Based Centers program by S&T. Further, the Committee 
is concerned that S&T does not appear to appreciate that the 
Centers of Excellence program has the potential to be a 
valuable resource in its efforts to conduct homeland security 
research and development. The Committee has a strong interest 
in this study and intends, upon review of its findings, to work 
with S&T to put the program on a path to realizing its full 
potential.

Sec. 404.   Cybersecurity Research and Development.
    Section 404 requires the Under Secretary to support 
research, development, testing, evaluation, and transition of 
cybersecurity technology to prevent, protect against, detect, 
respond to, and recover from cyber attacks, with an emphasis on 
research relevant to large-scale, high-impact attacks. The 
section requires research in areas to include: secure 
protocols; intrusion detection technologies; cyber forensics 
and attack attribution; recovery methodologies; tools, testing, 
and modeling; control systems; and secure software. It requires 
the Under Secretary to coordinate with the Under Secretary for 
National Protection and Programs Directorate and the heads of 
other relevant Federal departments and agencies.
    This section authorizes the Secretary to establish a 
Cybersecurity Preparedness Consortium for purposes of providing 
training to State and local first responders for preparing for 
and responding to cyber attacks and coordination of 
cybersecurity preparedness training activities. Members of the 
consortium shall consist of academic, nonprofit, and government 
partners that have demonstrated expertise in cybersecurity 
training, a demonstrated ability to utilize existing DHS course 
and expertise, and a demonstrated ability to coordinate with 
the National Domestic Preparedness Consortium and other DHS 
training. At least three participating academic institutions 
are required to be qualified historically-Black colleges, 
Hispanic-serving institutions, Tribal colleges or universities, 
or some combination thereof.
    This section authorizes the Secretary to establish a 
cybersecurity training center to provide training courses to 
State and local first responders to improve preparedness and 
response capabilities to cyber attacks.
    It authorizes $75,000,000 for DHS cybersecurity activities 
in fiscal year 2011 and the same for fiscal year 2012.
    Since 2007, the Committee has conducted eleven oversight 
hearings on various aspects of the cybersecurity threat. In the 
course of this oversight, the Committee has repeatedly received 
troubling testimony from experts inside and outside of the 
Federal government as to the extent to which bad actors in 
cyberspace have a distinct advantage over those attempting to 
secure their networks. Specifically, the Committee has received 
testimony as to the ease with which bad actors are able to mask 
the origination points for cyber intrusions and, even, attacks. 
Enhanced investment in cybersecurity research is critical to 
establishing effective attribution systems to track down the 
perpetrators of cyber intrusions.

Sec. 405.   National Research Council Study of Cybersecurity 
Incentives.
    Not later than 90 days after enactment, this section 
requires the Under Secretary and the Under Secretary for 
National Protection and Programs to seek to enter into 
agreement with National Academy of Sciences to conduct a study 
to assess methods that might be used to promote market 
mechanisms that further cybersecurity in the private sector. 
The assessment shall consider liability considerations, 
mandated reporting, regulation, certification, accounting, and 
cybersecurity risk insurance. Not later than two years after 
enactment, the Secretary is required to submit the results of 
the study, together with the Secretary's feedback and 
recommendations. To carry out the study, this section 
authorizes $500,000.

Sec. 406.   Research on Cyber Compromise of Infrastructure.
    Section 406 requires the Secretary, in collaboration with 
other national security and intelligence agencies, to conduct 
research to determine if the security of Federally-owned 
critical electric infrastructure has been compromised. The 
research should assess: the extent of compromise; 
identification of attackers; method of penetration; 
ramifications of compromise; and recommended mitigation 
activities. The Secretary is required to report to Congress on 
the findings of the research, not later than 30 days after the 
completion of the project.
    The Committee's Subcommittee on Emerging Threats, 
Cybersecurity, and Science and Technology held four hearings on 
cybersecurity vulnerabilities, including cyber penetrations of 
government systems. The Committee believes that investigatory 
research required under this section, by fostering greater 
understanding within the Federal government about the extent to 
which systems have been compromised, will provide a basis for 
enhanced Federal mitigation, preparedness, response, and 
recovery from damaging cyber incursions and attacks.

Sec. 407.   Dual-Use Terrorist Risks from Synthetic Genomics.
    This section expresses the sense of Congress that synthetic 
genomics has potential to bring about great advances in 
biotechnology but, at the same time, there are homeland 
security risks since it also has the potential to be used as a 
weapon.
    Section 407 requires the Under Secretary to report to 
Congress, not later than one year after enactment, as to the 
homeland security implications of the dual-use nature of 
synthetic genomics. If the Under Secretary determines that 
further research is appropriate, S&T may study the extent to 
which legitimate customers seeking synthetic genomics can be 
differentiated from potential terrorists or other malicious 
actors and develop enhanced security recommendations for 
screening software, protocols, and to address other capability 
gaps identified by the research.

Sec. 408.   Underwater Tunnel Security Demonstration Project.
    This section requires the Under Secretary, in consultation 
with the Assistant Secretary for TSA, to conduct a 
demonstration project for technologies to enhance the security 
of underwater public transportation tunnels. At least one of 
the technologies tested should be inflatable plugs. A report is 
required to Congress on the findings within 180 days of 
enactment.

Sec. 409.   Threats Research and Development.
    Section 409 authorizes the Under Secretary to conduct 
technology research, testing, evaluation, and transition 
activities to protect the Nation from biological, agricultural, 
and chemical threats. Such research could include detection, 
identification, counter measures, threat assessments, 
surveillance, forensics, and recovery activities. Additionally, 
the Under Secretary is authorized to produce risk assessments 
for biological, agricultural, and chemical threats, used to 
inform and guide the threat assessments and determinations made 
by the Secretary.
    The Committee recognizes the important work done by the 
Department in producing risk assessments for chemical, 
biological, radiological, and nuclear threats. As the 
methodology used to develop the assessments evolves, the 
Committee believes that the Under Secretary should convene an 
interagency task force to assess and provide recommendations to 
the Under Secretary as to the adequacy of the methodology. The 
Under Secretary would not be bound by these recommendations, 
and they are not intended to be an approval or disapproval; 
rather, the task force will provide the Secretary with an 
objective view of the extent to which the proposed methodology 
will best meet the Department's needs in developing the risk 
assessments.

Sec. 410.   Maritime Domain Awareness and Maritime Security 
Technology Test, Evaluation, and Transition Capabilities.
    This section requires the Secretary to establish 
capabilities for conducting global maritime domain awareness 
and maritime security technology test, evaluation and 
transition. These efforts should focus on complementing 
existing efforts and avoiding duplication.
    The Committee believes that the development of maritime 
testing, evaluation, and transition capabilities will enhance 
the Department's ability to deploy homeland security technology 
that can withstand the unique elements of the maritime 
environment.

Sec. 411.   Rapid Biological Threat Detection and 
Identification.
    Section 411 requires the Under Secretary assess whether DHS 
would benefit from technology to assist DHS personnel at ports 
of entry with entry and exit screening to rapidly detect 
infectious diseases among travelers. It requires the Under 
Secretary to initiate research and development of such 
technology, to the extent possible, if the Under Secretary 
determines that such research should be undertaken.
    The Committee is concerned that the Department has not 
thoroughly considered the potential benefits and mechanisms of 
screening incoming travelers at the borders and ports of entry 
for communicable illnesses such as influenza. The Committee 
believes that accurate rapid diagnostic tools could help ensure 
timely triage and care of people not only at ports of entry, 
but also at points of care, leading ultimately to a more 
judicious use of limited medical countermeasures, including 
those in the Strategic National Stockpile.
    The Committee is mindful of the unique mission areas for 
which different agencies are responsible, but also recognizes 
that homeland security is a cross-cutting venture, and the 
Department should have the ability and necessary cooperation to 
develop needed scientific and technological tools to fulfill 
its security responsibilities to the Nation. Should DHS assess 
that the potential benefits of such screening are a significant 
means of preventing infectious disease from threatening the 
homeland, the Department shall have the authority to do so, 
although the Committee believes that ideally, development and 
procurement of screening devices should be a joint venture 
between DHS and the Department of Health and Human Services 
(HHS).

Sec. 412.   Educating the Public About Radiological Threats.
    This section requires the Secretary to develop a public 
awareness campaign regarding radiological threats, including: a 
clear explanation of the dangers of radiological materials; 
explanation of radiation exposure levels; and actions that 
citizens can take regarding evacuation, decontamination, and 
treatment.
    It also requires a plan for post-event recovery from a 
radiological incident or terrorist attack, including: 
definition of the dividing line between response and recovery; 
consideration of multiple attack scenarios and multiple 
recovery strategies; and consideration of economic, health, and 
psychological effects.
    The Committee strongly believes that a well-informed and 
well-prepared public is a vital component to defend against a 
terrorist attack. Empowering the public with information on 
what to do in the event of a radiological or nuclear attack has 
the potential of dramatically decreasing the rate of death and 
injury. The Committee, therefore, directs the Secretary to work 
with State, local, and tribal authorities to develop materials 
to communicate to the public the risks faced and actions 
necessary to be taken in the event of such an attack.

Sec. 413.   Rural Resilience Initiative.
    Section 413 requires the Secretary to conduct research to 
aid State, local, and tribal leaders to help anticipate and 
forestall terrorist events in rural communities. These 
activities should include: outreach activities with rural 
communities; examination of community use of resilience 
capabilities and assets; establishment of a community 
resilience baseline template; plans to address community 
resilience needs; education for community leaders and first 
responders on resilience; and creation of a mechanism for such 
research to serve communities across the nation.
    The Committee notes the relative void in research that 
addresses rural communities and encourages the Department to 
conduct research and implementation through outreach activities 
with rural communities. The outcomes of this activity can serve 
as a model for national adoption. By assisting rural 
communities in disaster preparedness and resiliency, these 
communities will return to productivity much faster following 
an event, resulting in more stable environments in which to 
live and work, enhancing the quality of life in rural America 
and creating economic advantages for these resilient 
communities.
    The Committee recognizes the important functions of the 
Southeast Regional Research Initiative (SERRI) program. Through 
this initiative, a diverse group of research universities along 
with Federal partners work with state and local governments to 
identify and research homeland security challenges within the 
region, particularly those with national implications. The 
Committee encourages the rural resiliency work of the 
Department to continue through this and other programs.

Sec. 414.   Sense of Congress Regarding the Need for 
Interoperability Standards for Internet Protocol Video 
Surveillance Technology.
    This section expresses the sense of Congress that the 
development of interoperability standards are necessary to 
realize the full security benefits of Internet Protocol (IP) 
video surveillance, an emerging homeland security technology 
and encourages S&T to work with the private sector and other 
Federal stakeholders to develop such standards.

Sec. 415.   Homeland Security Science and Technology Fellows 
Program.
    Section 415 requires the Secretary, acting through the 
Under Secretary, to establish the Homeland Security Science and 
Technology Fellows Program for scientists to be placed in 
relevant scientific and technological positions within S&T and 
components of the Department in paid positions for up to two 
years. Program participants must be currently enrolled in or be 
graduates of post-graduate scientific or engineering programs. 
The Under Secretary is directed to coordinate with the Chief 
Security Officer to facilitate and expedite the provision of 
security clearances to fellows, as appropriate.
    The Committee is concerned that American students are 
falling behind in the essential subjects of math and science, 
putting our position in the global economy at risk. As a 
result, there has been a steady decline in levels of expertise 
in science and technology throughout the Nation, which, has a 
detrimental impact on homeland security capabilities. The 
Committee intends for this program to support placement, 
development, and advancement of American scientists and 
engineers within the field of homeland security.

Sec. 416.   Biological Threat Agent Assay Equivalency.
    This section authorizes the Under Secretary, in 
consultation with the Director for the Centers for Disease 
Control, to develop assay equivalency standards to facilitate 
the establishment of consistent biological threat 
identification by Federally-operated bio-monitoring programs. 
Upon the development of the assay equivalency standards, it 
requires the Secretary to apply the biological assay 
equivalency standards to DHS' bio-monitoring programs and make 
the standards available to other Federal agencies.
    The Committee recognizes that there are many Federal, 
State, local, and private sector actors that contribute to the 
biological threat identification mission through a variety of 
programs. The Committee intends for this section to ensure that 
the different types of assays available should meet a common 
standard so that the results of any assay will be considered 
reliable throughout the homeland security community.

Sec. 417.   Study of Feasibility and Benefit of Expanding or 
Establishing Program to Create a New Cybersecurity Capacity 
Building Track at Certain Institutions of Higher Education.
    Section 417 requires the Secretary, in coordination with 
the National Science Foundation, to commission a study by a 
non-profit research institution to assess how best to create a 
new cybersecurity or information assurance capacity building 
track at colleges and universities that are not designated as 
National Centers of Academic Excellence in Information 
Assurance Education or National Centers of Academic Excellence 
in Research. The study should consider the feasibility and 
potential benefit of allowing community colleges and other 
institutions offering certificates or industry-recognized 
credentials to participate in the Federal Cyber Service 
Scholarship for Service Program or creating a parallel program 
within the Department. The Secretary is required to transmit 
the study to Congress not later than 30 days after receiving 
it.
    Since 2007, the Committee's eleven oversight hearings on 
cybersecurity vulnerabilities in the public and private sectors 
underscore the need for more focus on information assurance in 
the computer science and information technology fields. This 
study is intended to help identify an official educational 
mechanism or certification to promote the importance of 
information assurance.

Sec. 418.   Sense of Congress Regarding Centers of Excellence.
    This section expresses the sense of Congress that the 
Centers of Excellence program has the potential to be a very 
useful tool in developing defensive countermeasures to enhance 
the security of critical infrastructure, prevent terrorism, and 
enhance S&T's efforts to research and develop homeland security 
technologies.

Sec. 419.   Assessment, Research, Testing, and Evaluation of 
Technologies to Mitigate the Threat of Small Vessel Attack.
    This section authorizes the Under Secretary to assess what 
technologies are available to mitigate the threat of small 
vessel attacks in secure zones of ports and conduct research, 
testing, and evaluation of such technologies.
    Many of the elements of the Department, including the Coast 
Guard, U.S. Customs and Border Protection, and the Domestic 
Nuclear Detection Office have identified small maritime craft 
as a credible threat vector. The Committee supports research 
into technologies focused on this unique homeland security 
challenge.

Sec. 420.   Research and Development Projects.
    Section 420 extends through 2012 the authority of the 
Secretary to make expenditures to carry out basic, applied, and 
advanced research and development projects through non-standard 
acquisitions procedures, commonly referred to as ``other 
transaction authority'', instead of the Federal Acquisitions 
Regulation (FAR). Additionally, it requires that each time the 
Under Secretary intends to use other transaction authority, the 
Under Secretary submit a specific proposal to the Secretary 
that sets for the rationale for why the FAR process is not 
feasible or appropriate in that particular case. The Secretary, 
in turn, is responsible for evaluating this proposal and may 
only delegate this responsibility to the Under Secretary for 
Management.
    This section requires an annual report to Congress as to 
the exercise of other transaction authority that includes the 
subject areas that were researched, the extent of the cost-
share, and the extent to which the use of this authority has 
addressed a homeland security gap.
    The Secretary is required to develop training for 
acquisitions staff who are involved in the exercise of other 
transaction authority.
    The exercise of other transaction authority is subject to 
review by the Comptroller General on an ongoing basis.
    The Committee notes that S&T has repeatedly argued that the 
utilization of other transaction authority provides greater 
flexibility to attract and work with nontraditional 
contractors--most especially small businesses--to research, 
develop, and test innovative technologies. However, the 
Committee received testimony at a hearing entitled ``Other 
Transaction Authority: Flexibility at the Expense of 
Accountability?'' on February 7, 2008 that the exercise of this 
authority carries the risk of reduced accountability and 
transparency-in part because they are exempt from certain 
federal acquisition regulations and cost accounting standards. 
At that hearing, the Government Accountability Office testified 
that though the Department has internal processes that govern 
the utilization of this authority, ``further development of the 
department's policies and strengthening of its workforce are 
needed to promote successful use of the authority.''
    The Committee believes that the transparency and 
accountability enhancements in this section will bring S&T in 
line with the Department of Defense and other Federal agencies 
that have similar contracting authority.

Sec. 421.   National Urban Security Technology Laboratory.
    This section authorizes the National Urban Security 
Technology Laboratory--formerly the ``Environmental 
Measurements Laboratory''--for Fiscal Years 2011 and 2012. 
Requires the Under Secretary to utilize the laboratory to test, 
evaluate, and analyze homeland security technologies in the 
field and in the laboratory.
    The transformation of the laboratory since it was 
transferred to the Department under the Homeland Security Act 
of 2002 has added a unique capability for the Department as it 
has truly become a Homeland Security Laboratory. The Committee 
believes that the new focus at the laboratory on practical test 
and evaluation for first responder equipment and tactics, as 
well as other capabilities to support the overall test and 
evaluation mission as required in section 202, make the 
National Urban Security Technology Laboratory a critical asset 
to the Department's mission.

        TITLE V-- Domestic Nuclear Detection Office

Sec. 501.   Authorization of Appropriations.
    This section authorizes $305,840,000 for Fiscal Year 2011 
and $315,005,000 for Fiscal Year 2012 for the Domestic Nuclear 
Detection Office (DNDO).

Sec. 502.   Domestic Nuclear Detection Office Oversight.
    This section expresses the sense of Congress that S&T 
should conduct basic and innovative research and non-
developmental testing for DNDO. Not later than 90 days after 
enactment, it requires the Director of DNDO to begin an 
internal review of DNDO project selection methodology, 
research, development, testing, and evaluation (RDT&E) 
methodologies and priorities in order to set policy and track 
progress of RDT&E projects. In carrying out the review, the 
Director shall identify processes for research funding, 
describe roles, responsibilities, and procedures for RDT&E, 
implement a research tracking system, implement a system to 
provide updates to customers, evaluate whether first responder 
needs are being addressed, establish a method to collect 
feedback, identify appropriate investment levels, and establish 
a formal merit review process.
    Not later than a year after the completion of review, the 
Director shall submit a report to the Secretary and Congress 
containing the findings of the review. This section requires 
the Inspector General, 120 days after enactment and annually 
thereafter, to update Congress on the status of implementation 
of this section.
    The Committee notes that this section is intended to create 
requirements for DNDO that are parallel to those for S&T under 
sections 201 and 202 of this Act. The Committee supports the 
Secretary's recent decision to pursue an independent testing 
and evaluation function for the Department, as well as to 
require the Science and Technology directorate to conduct basic 
and innovative research for nuclear and radiological detection.

Sec. 503.   Strategic Plan and Funding Allocations for Global 
Architecture.
    This section requires the Secretary to submit, within 180 
days of enactment, a strategic plan for the domestic component 
of the global nuclear detection architecture to deter and 
detect the transport of nuclear materials by all means 
possible. The plan shall address technological and non-
technological methods to increase detection; the deterrent 
impact of a global detection architecture on would-be 
terrorists; necessary enhancements to existing technologies; 
and risk-based analysis of asset deployment. The plan shall be 
conducted in consultation with the Secretaries of Energy, 
State, Defense, Justice, the Nuclear Regulatory Commission, and 
the Intelligence Community.
    The Committee believes that a coherent Global Nuclear 
Detection Architecture is essential in protecting the country 
from radiological or nuclear terrorism and is consistent with a 
layered, defense-in-depth strategy. To achieve this goal, the 
Committee believes that maximum coordination with the other 
relevant agencies is critical.

Sec. 504.   Radiation Portal Monitor Alternatives.
    Section 504 expresses the sense of Congress that in light 
of the Secretary's decision not to certify Advanced 
Spectroscopic Portal Monitors for primary screening, viable 
alternatives should be investigated. It requires the Director 
of DNDO to report within 90 days about alternatives to existing 
technologies that would provide the Department with a 
significant increase in operational effectiveness for primary 
screening for radioactive materials.
    The Committee supports the Secretary's determination that 
the development and procurement of the Advanced Spectroscopic 
Portal should be pursued for secondary inspection, rather than 
primary inspection. In light of this determination, however, 
the Committee strongly believes that research and development 
efforts to improve primary inspection efficacy and performance 
must be enhanced.

Sec. 505.   Authorization of Securing the Cities Initiative.
    Section 505 sets forth Congressional findings that the 
Securing the Cities (STC) Initiative uses next generation 
radiation detection technology, leverages the technologies used 
as U.S. ports of entry, has fostered cooperation between 
Federal, State, and local partners, and represents a critical 
national radiation detection capability. This section 
authorizes the program for fiscal year 2011 at $20,000,000 and 
fiscal year 2012 at $10,000,000, and at least two additional 
cities that participate in the Urban Area Security Initiative 
are also authorized to participate in STC.
    This provision reflects the language in H.R. 2611, which 
authorized the Securing the Cities Initiative and was passed by 
the House on January 20, 2010.
    The Committee has supported the Securing the Cities 
Initiative in a bipartisan manner since its inception. The 
Committee's favorable adoption of H.R. 4842 on April 15, 2010 
is only the most recent in a series of favorable votes to 
promote Federal support of this program. On January 12, 2010, 
the Committee voted favorably to report out H.R. 2611, which 
would permanently authorize the program; subsequently, the 
House passed the bill by voice vote. Strong, bipartisan support 
for Securing the Cities also was shown in the 110th Congress 
for H.R. 5531, which would have authorized the Initiative, and 
which both the Committee and the House voted to support. The 
House has also voiced its approval through the appropriations 
process: a bipartisan amendment to appropriate $40 million 
passed on June 24, 2009 for the Initiative's continuation in 
fiscal year 2010.
    Given that a radiological attack in a major urban area 
could easily have significant ripple effects throughout the 
Nation, the Committee believes the Securing the Cities 
Initiative should be treated as a national capability with 
sustained Federal funding. The Committee supports Securing the 
Cities because this vital program has fostered unprecedented 
collaboration and coordination among its many Federal, State, 
and local partners. The Committee believes that the program's 
record of success will enhance the security of urban areas 
against radiological and other types of threats. Law 
enforcement agencies in New York, New Jersey, and Connecticut 
have all benefited from this collaboration, and the Committee 
commends the Domestic Nuclear Detection Office, Department of 
Homeland Security, for its development and oversight of this 
unified strategy. The Securing the Cities Initiative is the 
only DHS program dedicated specifically to reducing the risk of 
radiological and nuclear terrorism through targeted detection.
    The detonation of an improvised nuclear device or a 
radiological dispersal device in a metropolitan area of the 
United States would have devastating consequences due to loss 
of life, destruction of property, and economic repercussions. 
President Obama emphasized this concern, especially for major 
urban areas like New York and London, at the National Security 
Summit in April 2010. He also pledged to bring to justice those 
responsible for the attempted car bombing on Times Square on 
May 1, 2010, an event that underscored how New York City 
remains the top terrorist target. The Securing the Cities 
Initiative is the only program dedicated specifically to 
reducing the risk of radiological and nuclear terrorism through 
targeted detection. Enactment of H.R. 4842 into law will ensure 
that this capability is permanently authorized, and that the 
benefits of the program are perpetuated not only in the New 
York metropolitan area, but across the Nation.

        TITLE VI-- Clarifying Amendments

Sec. 601.   Federally Funded Research and Development Centers.
    This section encourages the homeland security federally 
funded research and development center to consider research 
proposals made by the Chairman and Ranking Member of an 
appropriate congressional committee in a bipartisan fashion.
    It encourages a federally funded research and development 
center to provide a copy of any report it produces to an 
appropriate congressional committees, upon request.
    It also requires the Secretary to review and revise, as 
appropriate, the personnel conflict of interest policies 
pertaining to federally funded research and development 
centers.

Sec. 602.   Elimination of Homeland Security Institute.
    Section 602 repeals the Homeland Security Institute from 
the Homeland Security Act. The Committee notes that the 
Department uses its authority under Section 305 of the Homeland 
Security Act of 2002 to create federally funded research and 
development centers, rendering this provision moot.
    This provision is a technical correction to the Homeland 
Security Act. The Committee does not intend for this section to 
have any impact on the Departmental Federally Funded Research 
and Development Centers.

Sec. 603.   GAO Study of DOE National Laboratories.
    This section requires the Comptroller General to conduct a 
study to assess the relationship between DHS and the Department 
of Energy National Laboratories, and submit recommendations for 
improving the relationship.
    The Committee recognizes the enormous benefit that the 
Department receives from its strong partnership with the 
Department of Energy National Laboratories and encourages S&T 
to explore new opportunities for collaboration and the 
leveraging of National Laboratory expertise to address homeland 
security capability gaps.

        TITLE VII-- Commission on the Protection of Critical 
        Electric and Electronic Infrastructures

Sec. 701.   Commission on the Protection of Critical Electric 
and Electronic Infrastructures.
    Section 701 establishes the Commission on the Protection of 
Critical Electric and Electronic Infrastructures, whose purpose 
is to assess vulnerabilities of this infrastructure and provide 
a clear and comprehensive strategy and specific recommendations 
for securing this infrastructure. The Commission is required to 
give particular attention to threats that can cause widespread 
disruption or damage to this infrastructure including cyber 
attacks and physical attacks.
    This section sets forth the composition, powers, and 
responsibilities of the Commission, and provides $4,000,000 for 
fiscal years 2011 and 2012 from sums authorized in section 101.
    The Committee intends for this new Commission to take up 
where the former Commission to Assess the Threat to the United 
States from Electromagnetic Pulse (EMP) Attack--often referred 
to as the EMP Commission--left off when its authorization 
expired in December of 2008. The new Commission is envisioned 
to go beyond the scope of the original Commission to address 
all electromagnetic threats to all U.S. Critical Infrastructure 
Sectors.
    The Committee believes that the EMP Commission, established 
pursuant to Public Law 106-398, has done the Nation an 
invaluable service by highlighting a potential vulnerability to 
critical electric and electronic infrastructure--an attack or 
other incident involving electromagnetic phenomena. The 
Committee has a longstanding interest in enhancing security for 
the electric grid. In fact, on October 18, 2005, the 
Subcommittees on Emerging Threats, Cybersecurity, Science and 
Technology and Emergency Preparedness, Science, and Technology 
held a joint hearing entitled ``SCADA and the Terrorist Threat: 
Protecting the Nation's Critical Control Systems.'' The 
Committee took another look at our cybersecurity posture with 
respect to the electric and electronic grid on October 17, 
2007, when the Subcommittee on Emerging Threats, Cybersecurity, 
Science and Technology held a hearing entitled ``The Cyber 
Threat to Control Systems: Stronger Regulations are Necessary 
to Secure Electric Grid.'' More recently, on July 21, 2009, the 
Subcommittee on Emerging Threats, Cybersecurity, Science and 
Technology held a hearing entitled ``Securing the Modern 
Electric Grid from Physical and Cyber Attacks.''
    From our extensive oversight work, the Committee has come 
to recognize that there is an ongoing need for study of this 
homeland security vulnerability and for operators of critical 
infrastructure to have greater awareness and guidance on the 
development of mitigation strategies. By authorizing a new 
Commission on the Protection of Critical Electric and 
Electronic Infrastructure, the Committee intends for this 
critical study to continue and mitigation strategies to be 
developed.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a)* * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

     * * * * * * *

                    Subtitle C--Information Security

     * * * * * * *
Sec. 226. Cybersecurity Preparedness Consortium.
Sec. 227. Cybersecurity Training Center.

             Subtitle D--[Office of] Science and Technology

Sec. 231. Establishment of [office] Office of Science and Technology; 
          director.
     * * * * * * *
Sec. 238. Research prioritization and requirements.
Sec. 239. Professional development.
Sec. 240. Tracking systems, research milestones, and customer feedback.

    TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

     * * * * * * *
[Sec. 312. Homeland Security Institute.
[Sec. 313. Technology clearinghouse to encourage and support innovative 
          solutions to enhance homeland security.]
Sec. 313. Office of Public-Private Partnerships.
     * * * * * * *
Sec. 318. Strategic plan.
Sec. 319. Homeland Security Science and Technology Fellows Program.
Sec. 320. Biological threat agent assay equivalency program.

           *       *       *       *       *       *       *

TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

           *       *       *       *       *       *       *

Subtitle C--Information Security

           *       *       *       *       *       *       *

SEC. 226. CYBERSECURITY PREPAREDNESS CONSORTIUM.

  (a) In General.--To assist the Secretary in carrying out the 
requirements of section 404(a) of the Homeland Security Science 
and Technology Authorization Act of 2010, the Secretary may 
establish a consortium to be known as the ``Cybersecurity 
Preparedness Consortium''.
  (b) Functions.--The Consortium shall--
          (1) provide training to State and local first 
        responders and officials specifically for preparing and 
        responding to cybersecurity attacks;
          (2) develop and update a curriculum and training 
        model for State and local first responders and 
        officials;
          (3) provide technical assistance services to build 
        and sustain capabilities in support of cybersecurity 
        preparedness and response;
          (4) conduct cybersecurity training and simulation 
        exercises to defend from and respond to cyber attacks; 
        and
          (5) coordinate all cybersecurity preparedness 
        training activities conducted by the Department.
  (c) Members.--The Consortium shall consist of academic, 
nonprofit, and government partners that--
          (1) have demonstrated expertise in developing and 
        delivering cybersecurity training in support of 
        homeland security;
          (2) have demonstrated ability to utilize existing 
        courses and expertise developed by the Department;
          (3) have demonstrated ability to coordinate with the 
        National Domestic Preparedness Consortium and other 
        training programs within the Department; and
          (4) include at least 3 academic institutions that are 
        any combination of historically Black colleges and 
        universities, Hispanic-serving institutions, or Tribal 
        Colleges and Universities, that fulfill the criteria of 
        paragraphs (1), (2) and (3) of this subsection.
  (d) Definitions.--In this section:
          (1) Historically black college or university.--The 
        term ``historically Black college or university'' has 
        the meaning given the term ``part B institution'' in 
        section 322(2) of the Higher Education Act of 1965 (20 
        U.S.C. 1061(2)).
          (2) Hispanic-serving institution.--The term 
        ``Hispanic-serving institution'' has the meaning given 
        that term in section 502 of the Higher Education Act of 
        1965 (20 U.S.C. 1101(a)).
          (3) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given that term 
        in section 316(b) of the Higher Education Act of 1965 
        (20 U.S.C. 1059c(b)).

SEC. 227. CYBERSECURITY TRAINING CENTER.

  The Secretary may establish where appropriate a Cybersecurity 
Training Center to provide training courses and other resources 
for State and local first responders and officials to improve 
preparedness and response capabilities.

             Subtitle D--[Office of] Science and Technology

SEC. 231. ESTABLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY; DIRECTOR.

  (a)* * *

           *       *       *       *       *       *       *

SEC. 238. RESEARCH PRIORITIZATION AND REQUIREMENTS.

  (a) Requirement.--The Secretary shall--
          (1) by not later than 180 days after the date of 
        enactment of this section, establish requirements for 
        how basic and applied homeland security research shall 
        be identified, prioritized, funded, tasked, and 
        evaluated by the Directorate of Science and Technology, 
        including the roles and responsibilities of the Under 
        Secretary for Science and Technology, the Under 
        Secretary for Policy, the Under Secretary for 
        Management, the Director of the Office of Risk 
        Management and Analysis, and the heads of operational 
        components of the Department; and
          (2) to the greatest extent possible, seek to 
        publicize the requirements for the purpose of informing 
        the Federal, State, and local governments, first 
        responders, and the private sector.
  (b) Contents.--In the requirements, the Secretary shall--
          (1) identify the Directorate of Science and 
        Technology's customers within and outside of the 
        Department;
          (2) describe the risk formula and risk assessment 
        tools that the Department considers to identify, 
        prioritize, and fund homeland security research 
        projects;
          (3) describe the considerations to be used by the 
        Directorate to task projects to research entities, 
        including the national laboratories, federally funded 
        research and development centers, and university-based 
        centers;
          (4) describe the protocols to be used to assess off-
        the-shelf technology to determine if an identified 
        homeland security capability gap can be addressed 
        through the acquisition process instead of commencing 
        research and development of technology to address that 
        capability gap;
          (5) describe the processes to be used by the 
        Directorate to strengthen first responder participation 
        in identifying and prioritizing homeland security 
        technological gaps by--
                  (A) soliciting feedback from appropriate 
                national associations and advisory groups 
                representing the first responder community and 
                first responders within the components of the 
                Department;
                  (B) establishing and promoting a publicly 
                accessible portal to allow the first responder 
                community to help the Directorate develop 
                homeland security research and development 
                goals; and
                  (C) establishing a mechanism to publicize the 
                Department's funded and unfunded homeland 
                security technology priorities; and
          (6) include such other requirements, policies, and 
        practices as the Secretary considers necessary.
  (c) Activities in Support of the Research Prioritization and 
Requirements.--Not later than one year after the date of the 
issuance of the requirements, the Secretary shall--
          (1) establish, through the Under Secretary for 
        Science and Technology and Under Secretary for 
        Management, a mandatory workforce program for the 
        Directorate's customers in the Department to better 
        identify and prioritize homeland security capability 
        gaps that may be addressed by a technological solution 
        based on the assessment required under section 
        239(a)(2);
          (2) establish a system to collect feedback from 
        customers of the Directorate on the performance of the 
        Directorate, that includes metrics for measuring 
        customer satisfaction and the usefulness of any 
        technology or service provided by the Directorate; and
          (3) any other activities that the Secretary considers 
        to be necessary to implement the requirements.
  (d) Quarterly Updates on Implementation.--One hundred and 
twenty days after the date of enactment of this section, and on 
a quarterly basis thereafter, the Inspector General of the 
Department shall submit a quarterly update to the appropriate 
congressional committees on the status of implementation of the 
research prioritization and requirements and activities in 
support of such requirements.
  (e) Risk Analysis.--In carrying out subsection (b)(2), the 
Secretary shall--
          (1) submit to the appropriate congressional 
        committees by not later than one year after the date of 
        enactment of this subsection and annually thereafter--
                  (A) a national-level risk assessment, 
                describing and prioritizing the greatest risks 
                to the homeland, that includes vulnerability 
                studies, asset values (including asset values 
                for intangible assets), estimated rates of 
                occurrence, countermeasures employed, loss 
                expectancy, cost/benefit analyses, and other 
                practices generally associated with producing a 
                comprehensive risk analysis;
                  (B) an analysis of the Directorate's approach 
                to mitigating the homeland security risks 
                identified under subparagraph (A) through basic 
                and applied research, development, 
                demonstration, testing, and evaluation 
                activities;
                  (C) an analysis, based on statistics and 
                metrics, of the effectiveness of the 
                Directorate in reducing the homeland security 
                risks identified under subparagraph (A) through 
                the deployment of homeland security 
                technologies researched or developed by the 
                Directorate;
                  (D) recommendations for how the Directorate 
                should modify or amend its research and 
                development activities in order to reduce the 
                risks to the homeland identified under 
                subparagraph (A);
                  (E) a description of how the analysis 
                required under subparagraph (A) shall be used 
                to inform, guide, and prioritize the 
                Department's homeland security research and 
                development activities; and
                  (F) a description of input from other 
                relevant Federal, State, or local agencies and 
                relevant private sector entities in conducting 
                the risk analysis required by subparagraph (A); 
                and
          (2) conduct research and development on ways to most 
        effectively communicate information regarding the risks 
        identified under paragraph (1) to the media as well as 
        directly to the public, both on an ongoing basis and 
        during a terrorist attack or other incident.
  (f) Report on HSARPA Activities.--
          (1) In general.--Consistent with the Federal 
        Acquisition Regulation and any other relevant Federal 
        requirements, not later than 60 days after the date of 
        enactment of this subsection and annually thereafter, 
        the Secretary shall submit a report to the appropriate 
        congressional committees containing the research, 
        development, testing, evaluation, prototyping, and 
        deployment activities undertaken by the Homeland 
        Security Advanced Research Projects Agency during the 
        previous fiscal year, including funds expended for such 
        activities in the previous fiscal year.
          (2) Contents.--For each activity undertaken, the 
        report shall--
                  (A) describe the corresponding risk analysis 
                performed by the Department that supports the 
                decision to undertake that activity; and
                  (B) describe the efforts made to transition 
                that activity into a Federal, State, or local 
                acquisition program.
          (3) Additional activities.--The Secretary shall 
        include in each report a description of each proposal 
        that was reviewed in the period covered by the report 
        by the Director of the Homeland Security Advanced 
        Research Projects Agency under section 313(d)(3), 
        including a statement of whether the proposal received 
        a grant, cooperative agreement, or contract from the 
        Director.

SEC. 239. PROFESSIONAL DEVELOPMENT.

  (a) Reporting Requirement.--Sixty days before establishing 
the mandatory workforce program as required by section 
238(c)(1), the Secretary shall report to the appropriate 
congressional committees on the following:
          (1) A description of how homeland security 
        technological requirements are developed by the 
        Directorate of Science and Technology's customers 
        within the Department.
          (2) An assessment of whether Department employees 
        receive adequate and appropriate job training to allow 
        them to identify, express, and prioritize homeland 
        security capability gaps.
          (3) A plan for how the Directorate, in coordination 
        with the Domestic Nuclear Detection Office and other 
        Department components, can enhance and improve 
        technology requirements development and the technology 
        acquisition process, to accelerate the delivery of 
        effective, suitable technologies that meet performance 
        requirements and appropriately address an identified 
        homeland security capability gap.
          (4) An assessment of whether Congress should 
        authorize, in addition to the program required under 
        section 238(c)(1), a training program for Department 
        employees to be trained in requirements writing and 
        acquisition, that--
                  (A) is prepared in consultation with the 
                Department of Veterans Affairs Acquisition 
                Academy and the Defense Acquisition University; 
                and
                  (B) if the Secretary determines that such 
                additional training should be authorized by 
                Congress, includes specification about--
                          (i) the type, skill set, and job 
                        series of Department employees who 
                        would benefit from such training, 
                        including an estimate of the number of 
                        such employees;
                          (ii) a suggested curriculum for the 
                        training;
                          (iii) the type and skill set of 
                        educators who could most effectively 
                        teach those skills;
                          (iv) the length and duration of the 
                        training;
                          (v) the advantages and disadvantages 
                        of training employees in a live 
                        classroom, or virtual classroom, or 
                        both;
                          (vi) cost estimates for the training; 
                        and
                          (vii) the role of the Directorate in 
                        supporting the training.
  (b) Use of Research and Development Center.--The Secretary is 
encouraged to use a federally funded research and development 
center to assist the Secretary in carrying out the requirements 
of this section.

SEC. 240. TRACKING SYSTEMS, RESEARCH MILESTONES, AND CUSTOMER FEEDBACK.

  (a) In General.--In establishing a system to collect feedback 
under section 238(c)(2), the Secretary shall--
          (1) establish a system to monitor and account for 
        homeland security research milestones;
          (2) create a formal process for collecting feedback 
        from customers on the effectiveness of the technology 
        or services delivered by Directorate of Science and 
        Technology, including through randomized sampling, 
        focus groups, and other methods as appropriate; and
          (3) establish standards and performance measures to 
        be met by the Directorate in order to provide high-
        quality customer service.
  (b) System.--The system established under subsection (a)(1) 
shall identify and account for research milestones to monitor 
the progress of Directorate of Science and Technology research, 
development, testing, and evaluation activities, and collect 
information from the Directorate's customers about their level 
of satisfaction with the performance of the Directorate, 
including by--
          (1) allowing the Directorate to provide regular 
        reports to its customers regarding the status and 
        progress of research efforts of the Directorate;
          (2) collecting and evaluating customer feedback;
          (3) allowing the Secretary to evaluate how a 
        technology or service produced as a result of the 
        Directorate's programs has affected homeland security 
        capability gaps; and
          (4) allowing the Secretary to report the number of 
        products and services developed by the Directorate that 
        have been transitioned into acquisition programs.
  (c) Guidance.--The Under Secretary for Science and Technology 
shall publicize and implement guidance for homeland security 
researchers funded by the Directorate on setting valid initial 
and subsequent research milestones.
  (d) Report.--The Under Secretary shall submit a report to the 
appropriate congressional committees--
          (1) by not later than one year after the date of 
        enactment of this section identifying what actions have 
        been taken to carry out the requirements of this 
        section; and
          (2) annually thereafter describing--
                  (A) research milestones for each large 
                project with a Federal cost share greater than 
                $80,000,000 that has been successfully met and 
                missed, including for each missed milestone, an 
                explanation of why the milestone was missed; 
                and
                  (B) customer feedback collected and the 
                success of the Directorate in meeting the 
                customer service performance measures and 
                standards, including an evaluation of the 
                effectiveness of the technology or services 
                delivered by the Directorate.

TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *

SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR 
                    SCIENCE AND TECHNOLOGY.

   (a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall have the 
responsibility for--
          (1)* * *

           *       *       *       *       *       *       *

          (4) conducting basic and applied research, 
        development, demonstration, testing, and evaluation 
        activities that are relevant to any or all elements of 
        the Department, through both intramural and extramural 
        programs, that, to the greatest extent possible, 
        addresses a prioritized risk to the homeland as 
        identified by a risk analysis under section 226(e) of 
        this Act except that such responsibility does not 
        extend to human health-related research and development 
        activities;

           *       *       *       *       *       *       *

          (13) coordinating with other appropriate executive 
        agencies in developing and carrying out the science and 
        technology agenda of the Department to reduce 
        duplication and identify unmet needs; [and]
          (14) developing and overseeing the administration of 
        guidelines for merit review of research and development 
        projects throughout the Department, and for the 
        dissemination of research conducted or sponsored by the 
        Department[.]; and
          (15) developing and overseeing the administration of 
        guidelines for peer review of research and development 
        projects, including by--
                  (A) consulting with experts, including 
                scientists and practitioners, about the 
                research and development conducted by the 
                Directorate of Science and Technology; and
                  (B) performing ongoing independent, external, 
                scientific peer review--
                          (i) initially at the division level; 
                        or
                          (ii) when divisions conduct multiple 
                        programs focused on significantly 
                        different subjects, at the program 
                        level.
  (b) Report on Technology Requirements.--
          (1) In general.--Within 90 days after the date of 
        enactment of this subsection, and biannually 
        thereafter, the Under Secretary shall, for each project 
        having a Federal cost share greater than $80,000,000 
        that is conducted or funded by the Directorate of 
        Science and Technology, provide to the appropriate 
        congressional committees a list of detailed operational 
        and technical requirements that are associated with the 
        project.
          (2) Large projects.--Within 90 days after the date of 
        enactment of this subsection, and biannually 
        thereafter, the Secretary shall, for each project 
        conducted or funded by a component of the Department, 
        other than the Directorate of Science and Technology, 
        having a life-cycle cost greater than $1,000,000,000, 
        provide to the appropriate congressional committees 
        detailed operational and technical requirements that 
        are associated with the project.

           *       *       *       *       *       *       *

SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

   (a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall have the authority 
to establish or contract with 1 or more federally funded 
research and development centers to provide independent 
analysis of homeland security issues, or to carry out other 
responsibilities under this Act, including coordinating and 
integrating both the extramural and intramural programs 
described in section 308.
  (b) Congressional Tasking.--Upon a request of the chairman 
and the ranking minority member of an appropriate congressional 
committee, a federally funded research and development center 
established under this section may perform independent analysis 
of homeland security issues and report its findings to the 
appropriate congressional committees and the Secretary.
  (c) Congressional Oversight.--Federally funded research and 
development centers established under this section are 
encouraged, upon request of the chairman and the ranking 
minority member of an appropriate congressional committee, to 
provide to the committee a copy of any report it produces for 
the Department or any of its components.
  (d) Conflicts of Interest.--The Secretary shall review and 
revise, as appropriate, the policies of the Department relating 
to personnel conflicts of interest to ensure that such policies 
specifically address employees of federally funded research and 
development centers established under this section who are in a 
position to make or materially influence research findings or 
agency decisionmaking.
  (e) Annual Reports.--Each federally funded research and 
development center established under this section shall 
transmit to the Secretary and appropriate congressional 
committees an annual report on the activities of the center.

           *       *       *       *       *       *       *

SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND 
                    EVALUATION.

  (a)* * *
  (b) Extramural Programs.--
          (1)* * *
          (2) University-based centers for homeland security.--
                  (A)* * *
                  (B) Criteria for designation.--Criteria for 
                the designation of colleges or universities as 
                a center for homeland security, shall include, 
                but are not limited to, demonstrated expertise 
                in--
                          (i)* * *

           *       *       *       *       *       *       *

                          (iii) Emergency and diagnostic 
                        medical services, including medical 
                        readiness training and research, and 
                        community resiliency for public health 
                        and healthcare critical infrastructure.
                          (iv) Chemical, biological, 
                        radiological, [and nuclear] nuclear, 
                        and explosive countermeasures or 
                        detection.

           *       *       *       *       *       *       *

  (d) Test, Evaluation, and Standards Division.--
          (1) Establishment.--There is established in the 
        Directorate of Science and Technology a Test, 
        Evaluation, and Standards Division.
          (2) Director.--The Test, Evaluation, and Standards 
        Division shall be headed by a Director of Test, 
        Evaluation, and Standards, who shall be appointed by 
        the Secretary and report to the Under Secretary for 
        Science and Technology.
          (3) Responsibilities, authorities, and functions.--
        The Director of Test, Evaluation, and Standards--
                  (A) is the principal adviser to the 
                Secretary, the Under Secretary of Management, 
                and the Under Secretary for Science and 
                Technology on all test and evaluation or 
                standards activities in the Department; and
                  (B) shall--
                          (i) prescribe test and evaluation 
                        policies for the Department, which 
                        shall include policies to ensure that 
                        operational testing is done at 
                        facilities that already have relevant 
                        and appropriate safety and material 
                        certifications to the extent such 
                        facilities are available;
                          (ii) oversee and ensure that adequate 
                        test and evaluation activities are 
                        planned and conducted by or on behalf 
                        of components of the Department in 
                        major acquisition programs of the 
                        Department, as designated by the 
                        Secretary, based on risk, acquisition 
                        level, novelty, complexity, and size of 
                        the acquisition program, or as 
                        otherwise established in statute;
                          (iii) review major acquisition 
                        program test reports and test data to 
                        assess the adequacy of test and 
                        evaluation activities conducted by or 
                        on behalf of components of the 
                        Department; and
                          (iv) review available test and 
                        evaluation infrastructure to determine 
                        whether the Department has adequate 
                        resources to carry out its testing and 
                        evaluation responsibilities, as 
                        established under this title.
          (4) Deputy director of operational test and 
        evaluation.--Within the Division there shall be a 
        Deputy Director of Operational Test and Evaluation, 
        who--
                  (A) is the principal operational test and 
                evaluation official for the Department; and
                  (B) shall--
                          (i) monitor and review the 
                        operational testing and evaluation 
                        activities conducted by or on behalf of 
                        components of the Department in major 
                        acquisition programs of the Department, 
                        as designated by the Secretary, based 
                        on risk, acquisition level, novelty, 
                        complexity, and size of the acquisition 
                        program, or as otherwise established in 
                        statute;
                          (ii) provide the Department with 
                        independent and objective assessments 
                        of the adequacy of testing and 
                        evaluation activities conducted in 
                        support of major acquisitions programs; 
                        and
                          (iii) have prompt and full access to 
                        test and evaluation documents, data, 
                        and test results of the Department that 
                        the Deputy Director considers necessary 
                        to review in order to carry out the 
                        duties of the Deputy Director under 
                        this section.
          (5) Standards executive.--Within this Division, there 
        shall be a Standards Executive as described in Office 
        of Management and Budget Circular A-119. The Standards 
        Executive shall--
                  (A) implement the Department's standards 
                policy as described in section 102(g); and
                  (B) support the development and adoption of 
                voluntary standards in accordance with section 
                12(d) of the National Technology Transfer and 
                Advancement Act of 1995 (15 U.S.C. 272 note).
          (6) Limitation.--The Division is not required to 
        carry out operational testing.
          (7) Evaluation of department of defense 
        technologies.--The Director of Test, Evaluation, and 
        Standards may evaluate technologies currently in use or 
        being developed by the Department of Defense to assess 
        whether they can be leveraged to address homeland 
        security capability gaps.

           *       *       *       *       *       *       *

[SEC. 312. HOMELAND SECURITY INSTITUTE.

  [(a) Establishment.--The Secretary shall establish a 
federally funded research and development center to be known as 
the ``Homeland Security Institute'' (in this section referred 
to as the ``Institute'').
  [(b) Administration.--The Institute shall be administered as 
a separate entity by the Secretary.
  [(c) Duties.--The duties of the Institute shall be determined 
by the Secretary, and may include the following:
          [(1) Systems analysis, risk analysis, and simulation 
        and modeling to determine the vulnerabilities of the 
        Nation's critical infrastructures and the effectiveness 
        of the systems deployed to reduce those 
        vulnerabilities.
          [(2) Economic and policy analysis to assess the 
        distributed costs and benefits of alternative 
        approaches to enhancing security.
          [(3) Evaluation of the effectiveness of measures 
        deployed to enhance the security of institutions, 
        facilities, and infrastructure that may be terrorist 
        targets.
          [(4) Identification of instances when common 
        standards and protocols could improve the 
        interoperability and effective utilization of tools 
        developed for field operators and first responders.
          [(5) Assistance for Federal agencies and departments 
        in establishing testbeds to evaluate the effectiveness 
        of technologies under development and to assess the 
        appropriateness of such technologies for deployment.
          [(6) Design of metrics and use of those metrics to 
        evaluate the effectiveness of homeland security 
        programs throughout the Federal Government, including 
        all national laboratories.
          [(7) Design of and support for the conduct of 
        homeland security-related exercises and simulations.
          [(8) Creation of strategic technology development 
        plans to reduce vulnerabilities in the Nation's 
        critical infrastructure and key resources.
  [(d) Consultation on Institute Activities.--In carrying out 
the duties described in subsection (c), the Institute shall 
consult widely with representatives from private industry, 
institutions of higher education, nonprofit institutions, other 
Government agencies, and federally funded research and 
development centers.
  [(e) Use of Centers.--The Institute shall utilize the 
capabilities of the National Infrastructure Simulation and 
Analysis Center.
  [(f) Annual Reports.--The Institute shall transmit to the 
Secretary and Congress an annual report on the activities of 
the Institute under this section.
  [(g) Termination.--The Homeland Security Institute shall 
terminate 5 years after its establishment.

[SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT INNOVATIVE 
                    SOLUTIONS TO ENHANCE HOMELAND SECURITY.

  [(a) Establishment of Program.--The Secretary, acting through 
the Under Secretary for Science and Technology, shall establish 
and promote a program to encourage technological innovation in 
facilitating the mission of the Department (as described in 
section 101).
  [(b) Elements of Program.--The program described in 
subsection (a) shall include the following components:
          [(1) The establishment of a centralized Federal 
        clearinghouse for information relating to technologies 
        that would further the mission of the Department for 
        dissemination, as appropriate, to Federal, State, and 
        local government and private sector entities for 
        additional review, purchase, or use.
          [(2) The issuance of announcements seeking unique and 
        innovative technologies to advance the mission of the 
        Department.
          [(3) The establishment of a technical assistance team 
        to assist in screening, as appropriate, proposals 
        submitted to the Secretary (except as provided in 
        subsection (c)(2)) to assess the feasibility, 
        scientific and technical merits, and estimated cost of 
        such proposals, as appropriate.
          [(4) The provision of guidance, recommendations, and 
        technical assistance, as appropriate, to assist 
        Federal, State, and local government and private sector 
        efforts to evaluate and implement the use of 
        technologies described in paragraph (1) or (2).
          [(5) The provision of information for persons seeking 
        guidance on how to pursue proposals to develop or 
        deploy technologies that would enhance homeland 
        security, including information relating to Federal 
        funding, regulation, or acquisition.
  [(c) Miscellaneous Provisions.--
          [(1) In general.--Nothing in this section shall be 
        construed as authorizing the Secretary or the technical 
        assistance team established under subsection (b)(3) to 
        set standards for technology to be used by the 
        Department, any other executive agency, any State or 
        local government entity, or any private sector entity.
          [(2) Certain proposals.--The technical assistance 
        team established under subsection (b)(3) shall not 
        consider or evaluate proposals submitted in response to 
        a solicitation for offers for a pending procurement or 
        for a specific agency requirement.
          [(3) Coordination.--In carrying out this section, the 
        Secretary shall coordinate with the Technical Support 
        Working Group (organized under the April 1982 National 
        Security Decision Directive Numbered 30).]

SEC. 313. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.

  (a) Establishment of Office.--There is established an Office 
of Public-Private Partnerships in the Directorate of Science 
and Technology.
  (b) Director.--The Office shall be headed by a Director, who 
shall be appointed by the Secretary. The Director shall report 
to the Under Secretary for Science and Technology.
  (c) Responsibilities.--The Director, in coordination with the 
Private Sector Office of the Department, shall--
          (1) engage and initiate proactive outreach efforts 
        and provide guidance on how to pursue proposals to 
        develop or deploy homeland security technologies 
        (including regarding Federal funding, regulation, or 
        acquisition), including to persons associated with 
        small businesses (as that term is defined in the Small 
        Business Act (15 U.S.C. 631 et seq.));
          (2) coordinate with components of the Department to 
        issue announcements seeking unique and innovative 
        homeland security technologies to address homeland 
        security capability gaps;
          (3) promote interaction between homeland security 
        researchers and private sector companies in order to 
        accelerate transition research or a prototype into a 
        commercial product and streamline the handling of 
        intellectual property; and
          (4) conduct technology research assessment and 
        marketplace analysis for the purpose of identifying, 
        leveraging, and integrating best-of-breed technologies 
        and capabilities from industry, academia, and other 
        Federal Government agencies, and disseminate research 
        and findings to Federal, State, and local governments.
  (d) Rapid Review Division.--
          (1) Establishment.--There is established the Rapid 
        Review Division within the Office of Public-Private 
        Partnerships.
          (2) Purpose and duties.--
                  (A) In general.--The Division--
                          (i) is responsible for maintaining a 
                        capability to perform business and 
                        technical reviews to assist in 
                        screening unsolicited homeland security 
                        technology proposals submitted to the 
                        Secretary; and
                          (ii) shall assess the feasibility, 
                        scientific and technical merits, and 
                        estimated cost of such proposals.
                  (B) Specific duties.--In carrying out those 
                duties, the Division shall--
                          (i) maintain awareness of the 
                        technological requirements of the 
                        Directorate's customers;
                          (ii) establish and publicize 
                        accessible, streamlined procedures 
                        allowing a participant to have their 
                        technology assessed by the Division;
                          (iii) make knowledgeable assessments 
                        of a participant's technology after 
                        receiving a business plan, a technology 
                        proposal, and a list of corporate 
                        officers, directors, and employees with 
                        technical knowledge of the proposal, 
                        within 60 days after such a submission;
                          (iv) review proposals submitted by 
                        components of the Department to the 
                        Division, subject to subsection (e); 
                        and
                          (v) in reviewing proposals submitted 
                        to the Secretary, give priority to any 
                        proposal submitted by a small business 
                        concern as defined under section 3 of 
                        the Small Business Act (15 U.S.C. 632).
          (3) Coordination.--The Director shall submit for 
        consideration promising homeland security technology 
        research, development, testing, and evaluation 
        proposals, along with any business and technical 
        reviews, to the Director of the Homeland Security 
        Advanced Research Projects Agency and appropriate 
        Department components for consideration for support.
  (e) Limitation on Consideration or Evaluation of Proposals.--
The Office may not consider or evaluate homeland security 
technology proposals submitted in response to a solicitation 
for offers for a pending procurement or for a specific agency 
requirement.
  (f) Satellite Offices.--The Under Secretary, acting through 
the Director, may establish up to 3 satellite offices across 
the country to enhance the Department's outreach efforts. The 
Secretary shall notify the appropriate congressional committees 
in writing within 30 days after establishing any satellite 
office.
  (g) Personnel.--The Secretary shall establish rules to 
prevent the Director or any other employee of the Office from 
acting on matters where a conflict of interest may exist.

           *       *       *       *       *       *       *

SEC. 318. STRATEGIC PLAN.

  (a) Requirement For Strategic Plan.--Not later than 1 year 
after the date of enactment of this section and every other 
year thereafter, the Under Secretary for Science and Technology 
shall prepare a strategic plan for the activities of the 
Directorate.
  (b) Contents.--The strategic plan required by subsection (a) 
shall be prepared in accordance with applicable Federal 
requirements, and shall include the following matters:
          (1) The long-term strategic goals of the Directorate.
          (2) Identification of the research programs of the 
        Directorate that support achievement of those strategic 
        goals.
          (3) The connection of the activities and programs of 
        the Directorate to requirements or homeland security 
        capability gaps identified by customers within the 
        Department and outside of the Department, including the 
        first responder community.
          (4) The role of the Department's risk analysis in the 
        activities and programs of the Directorate.
          (5) A technology transition strategy for the programs 
        of the Directorate.
          (6) A description of the policies of the Directorate 
        on the management, organization, and personnel of the 
        Directorate.
  (c) Submission of Plan to Congress.--The Secretary shall 
submit to Congress any update to the strategic plan most 
recently prepared under subsection (a) at the same time that 
the President submits to Congress the budget for each even-
numbered fiscal year.

SEC. 319. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

  (a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall establish a fellows 
program, to be known as the Homeland Security Science and 
Technology Fellows Program, under which the Under Secretary 
shall facilitate the temporary placement of scientists in 
relevant scientific or technological fields for up to two years 
in components of the Department with a need for scientific and 
technological expertise.
  (b) Utilization of Fellows.--
          (1) In general.--Under the Program, the Under 
        Secretary may employ fellows--
                  (A) for the use of the Directorate of Science 
                and Technology; or
                  (B) for the use of Department components 
                outside the Directorate, under an agreement 
                with the head of such a component under which 
                the component will reimburse the Directorate 
                for the costs of such employment.
          (2) Responsibilities.--Under such an agreement--
                  (A) the Under Secretary shall--
                          (i) solicit and accept applications 
                        from individuals who are currently 
                        enrolled in or who are graduates of 
                        post-graduate programs in scientific 
                        and engineering fields related to the 
                        promotion of securing the homeland, 
                        including--
                                  (I) biological, chemical, 
                                physical, behavioral, social, 
                                health, medical, and 
                                computational sciences;
                                  (II) geosciences;
                                  (III) all fields of 
                                engineering; and
                                  (IV) such other disciplines 
                                as are determined relevant by 
                                the Secretary;
                          (ii) screen applicant candidates and 
                        interview them as appropriate to ensure 
                        that they possess the appropriate level 
                        of scientific and engineering expertise 
                        and qualifications;
                          (iii) provide a list of qualified 
                        applicants to the heads of Department 
                        components seeking to utilize qualified 
                        fellows;
                          (iv) pay financial compensation to 
                        such fellows;
                          (v) coordinate with the Chief 
                        Security Officer to facilitate and 
                        expedite provision of security 
                        clearances to fellows, as appropriate; 
                        and
                          (vi) otherwise administer all aspects 
                        of the fellows' employment with the 
                        Department; and
                  (B) the head of the component utilizing the 
                fellow shall--
                          (i) select a fellow from the list of 
                        qualified applicants provided by the 
                        Under Secretary;
                          (ii) reimburse the Under Secretary 
                        for the costs of employing the fellow 
                        selected; and
                          (iii) be responsible for the day-to-
                        day management of the fellow.
  (c) Applications From Associations.--The Under Secretary may 
accept applications under subsection (b)(2)(A) that are 
submitted by science or policy associations on behalf of 
individuals whom such an association has determined may be 
qualified applicants under the program.

SEC. 320. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY PROGRAM.

  (a) In General.--To facilitate equivalent biological threat 
agent identification among federally operated biomonitoring 
programs, the Under Secretary, in consultation with the 
Director of the Centers for Disease Control and Prevention, may 
implement an assay equivalency program for biological threat 
assays.
  (b) Features.--In order to establish assay performance 
equivalency to support homeland security and public health 
security decisions, the program may--
          (1) evaluate biological threat detection assays, 
        their protocols for use, and their associated response 
        algorithms for confirmation of biological threat 
        agents, taking performance measures and concepts of 
        operation into consideration; and
          (2) develop assay equivalency standards based on the 
        findings of the evaluation under paragraph (1).
  (c) Update.--The Under Secretary shall update the program as 
necessary.
  (d) Implementation.--The Secretary shall--
          (1) require implementation of the standards developed 
        under subsection (b)(2) for all Department 
        biomonitoring programs; and
          (2) make such standards available to support all 
        other Federal biomonitoring programs.
  (e) Assay Defined.--In this section the term ``assay'' means 
any scientific test that is--
          (1) designed to detect the presence of a biological 
        threat agent; and
          (2) of a type selected under criteria established by 
        the Secretary.

           *       *       *       *       *       *       *

TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *

                        Subtitle D--Acquisitions

SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.

  (a) Authority.--Until September 30, [2010,] 2012, and subject 
to subsection (d), the Secretary may carry out a pilot program 
under which the Secretary may exercise the following 
authorities:
          (1)* * *

           *       *       *       *       *       *       *

          (3) Prior approval.--In any case in which the Under 
        Secretary for Science and Technology intends to 
        exercise other transaction authority, the Under 
        Secretary must receive prior approval from the 
        Secretary after submitting to the Secretary a proposal 
        that includes the rationale for why a grant or contract 
        issued in accordance with the Federal Acquisition 
        Regulation is not feasible or appropriate and the 
        amount to be expended for such project. In such a case, 
        the authority for evaluating the proposal may not be 
        delegated by the Secretary to anyone other than the 
        Under Secretary for Management.

           *       *       *       *       *       *       *

  (e) Annual Report on Exercise of Other Transaction 
Authority.--
          (1) In general.--The Secretary shall submit to the 
        appropriate congressional committees an annual report 
        on the exercise of other transaction authority.
          (2) Content.--The report shall include the following:
                  (A) The subject areas in which research 
                projects were conducted using other transaction 
                authority.
                  (B) The extent of cost-sharing for such 
                projects among Federal and non-Federal sources.
                  (C) The extent to which use of other 
                transaction authority has addressed a homeland 
                security capability gap identified by the 
                Department of Homeland Security.
                  (D) The total amount of payments, if any, 
                that were received by the Federal Government as 
                a result of such exercise of other transaction 
                authority during the period covered by the 
                report.
                  (E) The rationale for using other transaction 
                authority, including why grants or contracts 
                issued in accordance with the Federal 
                Acquisition Regulation were not feasible or 
                appropriate.
                  (F) the amount expended for each such 
                project.
  (f) Training.--The Secretary shall develop a training program 
for acquisitions staff in the use of other transaction 
authority to help ensure the appropriate use of such authority.
  (g) Review Authority.--The exercise of other transaction 
authority shall be subject to review by the Comptroller General 
of the United States to ensure that an agency is not attempting 
to avoid the requirements of procurement statutes and 
regulations.
  (h) Other Transaction Authority Defined.--In this section the 
term ``other transaction authority'' means authority under 
subsection (a).
  [(e)] (i) Definition of Nontraditional Government 
Contractor.--In this section, the term ``nontraditional 
Government contractor'' has the same meaning as the term 
``nontraditional defense contractor'' as defined in section 
845(e) of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).

           *       *       *       *       *       *       *

                                  
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