```

[House Report 114-372]
[From the U.S. Government Publishing Office]

114th Congress   }                                           {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                           {  114-372

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

 
     DHS SCIENCE AND TECHNOLOGY REFORM AND IMPROVEMENT ACT OF 2015

                                _______
                                

December 8, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3578]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3578) to amend the Homeland Security Act of 2002 
to strengthen and make improvements to the Directorate of 
Science and Technology of the Department of Homeland Security, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    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 ``DHS Science and Technology Reform and 
Improvement Act of 2015''.

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

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

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

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

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

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

``SEC. 320. MONITORING OF PROGRESS.

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

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

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

``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.

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

``SEC. 323. INTEGRATED PRODUCT TEAMS.

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

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

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

``Sec. 318. Identification and prioritization of research and 
development.
``Sec. 319. Development of Directorate strategy and research and 
development plan.
``Sec. 320. Monitoring of progress.
``Sec. 321. Homeland Security Science and Technology Fellows Program.
``Sec. 322. Cybersecurity research and development.
``Sec. 323. Integrated product teams.
``Sec. 324. Homeland Security-STEM summer internship program.''.

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

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    12
Background and Need for Legislation..............................    12
Hearings.........................................................    15
Committee Consideration..........................................    15
Committee Votes..................................................    16
Committee Oversight Findings.....................................    16
New Budget Authority, Entitlement Authority, and Tax Expenditures    16
Congressional Budget Office Estimate.............................    16
Statement of General Performance Goals and Objectives............    17
Duplicative Federal Programs.....................................    18
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    18
Federal Mandates Statement.......................................    18
Preemption Clarification.........................................    18
Disclosure of Directed Rule Makings..............................    19
Advisory Committee Statement.....................................    19
Applicability to Legislative Branch..............................    19
Section-by-Section Analysis of the Legislation...................    19
Changes in Existing Law Made by the Bill, as Reported............    26

                          Purpose and Summary

    The purpose of H.R. 3578 is to amend the Homeland Security 
Act of 2002 to strengthen and make improvements to the 
Directorate of Science and Technology of the Department of 
Homeland Security, and for other purposes.
    The DHS Science and Technology Reform and Improvement Act 
of 2015 makes tailored improvements to how the Science and 
Technology Directorate of the Department of Homeland Security 
carries out its responsibility to conduct research and 
development. No new funding is authorized in this legislation.

                  Background and Need for Legislation

    The Department of Homeland Security's Directorate of 
Science and Technology (DHS S&T) was established by Congress in 
Title III of the Homeland Security Act (HSA) of 2002. DHS S&T 
is the primary research and development arm of DHS. The 
Directorate manages basic and applied research and development 
of science and technology for the Department's operational 
components and first responders that protect the Homeland. DHS 
S&T conducts basic and applied research, development, 
demonstration, testing, and evaluation activities relevant to 
DHS.
    Threats and technologies are always changing. DHS S&T 
monitors those threats and utilizes technological advancements 
to develop and deliver solutions and to address critical needs 
of the Homeland Security Enterprise. DHS S&T focuses its work 
in six primary areas: first responders, borders and maritime 
security, cybersecurity, chemical and biological defense, 
explosives, and resilience. The Directorate is organized into 
four groups that work together to ensure each aspect of the 
Directorate's work (operational analyses, requirements 
generation, test and evaluation, technology development, and 
acquisition support) is given the appropriate amount of 
emphasis.
    Within DHS S&T, the Support to the Homeland Security 
Enterprise and First Responders Group is responsible for 
technology interoperability and compatibility, the transfer of 
technologies to first responders, and oversight of the National 
Urban Security Technology Laboratory. The Homeland Security 
Advanced Research Projects Agency (HSARPA) focuses on 
identifying, developing, and transitioning technologies and 
capabilities to counter chemical, biological, explosive, and 
cyber terrorist threats, as well as protecting our nation's 
borders and infrastructure. The Acquisition Support and 
Operational Analysis Group provides analyses, engineering, and 
test expertise and products connecting Research, Development, 
and Acquisition to the operational end-user. The Research and 
Development Partnerships Group builds partnerships that deliver 
technology solutions to the Homeland Security Enterprise (HSE). 
Within the Research and Development Partnerships Group, the 
Homeland Security Science and Technology Advisory Committee 
(HSSTAC) serves as a source of independent expert advice to the 
Under Secretary for Science and Technology. The Interagency 
Office supports the transition and transfer of the DHS S&T 
solutions to customers. The Office of National Laboratories--
(ONL) develops and utilizes a coordinated network of DHS S&T 
laboratories and Department of Energy National Laboratories to 
facilitate the delivery of capabilities to DHS and the national 
homeland security mission. And, the Office of University 
Programs supports the Centers of Excellence, education programs 
and minority serving institutions programs.
    DHS S&T works to strengthen America's security and 
resiliency by providing knowledge products and innovative 
technology solutions for the Homeland Security Enterprise 
(HSE). DHS S&T provides the HSE with strategic and focused 
technology options and operational process enhancements. DHS 
S&T seeks innovative, system-based solutions to complex 
homeland security problems. DHS S&T has the technical depth and 
reach to discover, adapt and leverage technology solutions 
developed by federal agencies and laboratories, state, local 
and tribal governments, universities, and the private sector--
across the United States and internationally.\1\
---------------------------------------------------------------------------
    \1\ Department of Homeland Security, Science and Technology 
Directorate, accessed at:       http://www.dhs.gov/science-and-
technology-directorate.
---------------------------------------------------------------------------
    The Directorate has a history of management challenges 
resulting in several reorganizations by different Under 
Secretaries. Coordination and collaboration with the DHS 
components is a recurring issue.
    One of the authorities and requirements given to the Under 
Secretary for Science andTechnology in the Homeland Security 
Act of 2002 is ``coordinating and integrating all research, 
development, demonstration, testing and evaluation activities 
of the Department.''\2\ Coordination of research across the 
Department has been difficult to carry out, R&D is also 
conducted by the Coast Guard and the Domestic Nuclear Detection 
Office, two DHS components where the Under Secretary has 
limited authority.\3\
---------------------------------------------------------------------------
    \2\ Homeland Security Act of 2002 (Pub. L. 107-296), Sec. 302.
    \3\ The DHS S&T Directorate: Selected Issues for Congress, 
Congressional Research Service, April 14, 2014. http://www.crs.gov/
reports/pdf/R43064.
---------------------------------------------------------------------------
    In 2012, the Government Accountability Office (GAO) 
found\4\ fragmented R&D throughout DHS because S&T, Coast 
Guard, and Domestic Nuclear Detection Office (DNDO) are each 
given specific authority to conduct R&D by the Homeland 
Security Act. The HSA states DHS components are allowed to 
conduct R&D as long as efforts are coordinated through the 
Under Secretary for Science and Technology.
---------------------------------------------------------------------------
    \4\ Department of Homeland Security, Oversight and Coordination of 
Research and Development Should Be Strengthened, Government 
Accountability Office, Sept. 2012, GAO -12-837. http://www.gao.gov/
assets/650/648152.pdf.
---------------------------------------------------------------------------
    Unlike many other industries with well-defined sets of 
products, technologies, and customers, the Homeland Security 
Industrial Base (HSIB) is a highly fragmented federation of 
product and service providers serving a broad constituency. 
Customers and their needs vary widely. This fragmentation means 
that many companies with cutting-edge technologies are often 
small businesses and are more challenging to locate and engage. 
Simultaneously, federal, state, and local agencies are spending 
less on R&D for next-generation technologies. Therefore, it is 
critical that S&T collaborate with the HSIB to capitalize on 
and leverage industry investments in R&D and encourage the 
development of force multiplying solutions that defend, defeat, 
and mitigate threats to the nation.
    H.R. 3578 makes improvements to how the DHS S&T carries out 
its responsibility to conduct homeland security research and 
development. The bill defines a clear mission statement for S&T 
and codifies the Directorate's portfolio review process to 
engage key leadership and stakeholders in ensuring research and 
development meet S&T and DHS goals and objectives. The bill 
also ensures the Directorate: identifies technical capability 
requirements and creates solutions with researchers and the 
private sector; links the Directorate's budget with research 
and development topic areas and programs, both within the 
Directorate and across the Department; ensures cyber research 
and development includes technologies for information sharing, 
analytics and methodologies; requires S&T to establish a 
process to identify, prioritize, and task research and 
development activities; and requires clear and strong 
communication between S&T and its clients.

                                Hearings

    The Committee did not hold any hearings on H.R. 3578, 
however the Committee held the following oversight hearings:

    On February 12, 2015, the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Examining DHS Science and Technology 
Directorate's Engagement with Academia and Industry.'' The 
Subcommittee received testimony from Mr. Jake Parker, Director 
Government Relations, Security Industry Association; Mr. Marc 
Pearl, President and Chief Executive Officer, Homeland Security 
and Defense Business Council; and Dr. Samuel H. Aronson, 
President, American Physical Society.
    On May 19, 2015, the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Examining the DHS Science and Technology 
Directorate's Engagement with Academia and Industry.'' 
Witnesses included: Marc Pearl, President and CEO, Homeland 
Security and Defense Business Council; Jake Parker, Director of 
Government Relations, Security Industry Association; and Samuel 
H. Aronson, President, American Physical Society and former 
Director of Brookhaven National Laboratory.

                        Committee Consideration

    The Committee met on September 30, 2015, to consider 
H.R.3578, and ordered the measure to be reported to the House 
with a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by 
Mr.Ratcliffe (#1); was AGREED TO, as amended, by voice vote.

 An Amendment by Member to the Amendment in the Nature of a 
Substitute (#1a); was WITHDRAWN by unanimous consent.

 An en bloc amendment to the Amendment in the Nature of a 
Substitute to H.R. 3578 offered by Mr. Thompson of Mississippi 
(#1A); was AGREED TO by voice vote.
     Consisting of the following amendments:
     Page 7, line 8, strike ``and''.
     Page 7, line 17, strike ``needs.'', the closing quotes, the 
semicolon, and ``and'' and insert ``needs; and''.
     Page 7, beginning line 18, insert the following: ``(19) 
coordinating with organizations that provide venture capital to 
businesses, particularly small businesses, as appropriate, to assist in 
the commercialization of innovative homeland security technologies that 
are expected to be ready for commercialization in the near term and 
within 36 months.''.
     Page 22, line 2, insert before the semicolon the following: ``, 
and enhanced coordination with organizations as specified in paragraph 
(19) of section 302, as appropriate''.

     Page 9, line 13, strike ``(B)''.
     Page 9, lines 14 and 18, redesignate clauses (i) and (ii) as 
subclauses (I) and (II), respectively, and move such subclauses two ems 
to the right.
     Page 9, beginning line 14, insert the following: (i) in 
subparagraph (B)-
     Page 9, beginning line 21, insert the following: (ii) by amending 
subparagraph (D) with a new paragraph entitled ``(D) Annual Report to 
Congress.''
     Page 37, beginning line 17, insert a new paragraph entitle ``(f) 
GAO Study of University-Based Centers.''

 An en bloc amendment to the Amendment in the Nature of a 
Substitute to H.R. 3578 offered by Mr. Langevin (#1B); was 
AGREED TO by voice vote.
     Consisting of the following amendments:
     Page 30, line 13, insert the following (and redesignate subsequent 
paragraphs accordingly and make necessary technical and conforming 
changes): ``(4) support, in coordination with private sector, the 
review of source code that underpins critical infrastructure 
information systems;''.

     Page 34, beginning line 16, insert a new section entitled ``Sec. 
324. Homeland Security-STEM Summer Internship Program.''

 An amendment to the Amendment in the Nature of a Substitute to 
H.R. 3578 offered by Mr. Higgins (#1C); was AGREED TO by voice 
vote.
      Page 9, line 17, insert: ``(which may include research into 
remote sensing and remote imaging)'' after ``detection''.;

 An amendment to the Amendment in the Nature of a Substitute to 
H.R. 3578 offered by Mr. Richmond (#1D); was AGREED TO by voice 
vote.
     Page 28, line 6, insert before the semicolon the following: ``or 
critical infrastructure sectors''.;

 An amendment to the Amendment in the Nature of a Substitute to 
H.R. 3578 offered by Mr. Donovan listed on the roster as by Mr. 
Marino (#1E); was AGREED TO by voice vote.
     Page 31, line 2, strike ``and''.

     Page 31, line 14, strike the period at the end and insert ``; 
and''.

     Page 31, beginning line 15, insert the following: (3) industry and 
academia.

                            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.
    No recorded votes were requested during consideration of 
H.R.3578.

                      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.

   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. 
3578, the DHS Science and Technology Reform and Improvements 
Act of 2015, 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, October 29, 2015.
Hon. Michael McCaul,
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. 3578, the DHS 
Science and Technology Reform and Improvement Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3578--DHS Science and Technology Reform and Improvement Act of 
        2015

    H.R. 3578 would direct the Department of Homeland Security 
(DHS) to establish a program to employ, for up to two years, 
current students or graduates of postgraduate programs in 
scientific or engineering fields. The bill also would require 
the Government Accountability Office (GAO) to report to the 
Congress on the department's use of universities to carry out 
DHS research.
    Based on information from DHS about previous efforts to 
hire students or recent graduates, CBO estimates that the new 
program would cost about $1 million annually. Based on the cost 
of similar reports, CBO also estimates that it would cost GAO 
less than $500,000 to prepare the report required by the bill. 
Such spending would be subject to the availability of 
appropriated funds.
    Because enacting the legislation would not affect direct 
spending or revenues, pay-as-you-go procedures do not apply. 
CBO also estimates that enacting H.R. 3578 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    H.R. 3578 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, 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. 3578 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    H.R. 3578 codifies the Directorate's portfolio review 
process to ensure research and development meets Directorate 
and Department goals and objectives. The bill states the 
Directorate's responsibility to act as a coordinating office 
for technology development for the Department and to define 
technological capability gaps, build partnerships, and help 
components and offices attain technology solutions. H.R. 3578 
updates the Homeland Security Science and Technology Advisory 
Committee to support stakeholder engagement in identifying 
homeland security research areas of importance for the 
Directorate. The bill requires DHS S&T to establish a process 
to identify, prioritize, and task research and development 
activities and report to Congress on a strategy and five year 
plan for the Directorate. H.R. 3578 ensures the Directorate 
utilizes the centralized Federal clearinghouse for technology 
to enhance cooperation between components, limit unnecessary 
duplication on research and development projects, and ensure 
technologies are accessible for the Department. The bill 
responds to critiques of the Directorate by requiring clear and 
strong communication between DHS S&T and its clients. Finally, 
H.R. 3578 codifies a mechanism for the Department to identify, 
coordinate, and align research and development efforts with 
departmental missions.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 3578 contains provisions that establish or 
reauthorize the following programs. GAO-12-342SP found that 
strategic planning is needed to better manage overlapping 
science, technology, engineering, and mathematics education 
programs across multiple agencies. The Homeland Security-
related (HS) STEM Summer Internship Program at the Department 
of Homeland Security was listed as a STEM education program in 
table 14 of the report. Since 2014, the Federal effort to 
coordinate and consolidate STEM programs has made significant 
progress. The DHS HS STEM Summer Internship program targets 
students with specific interest in homeland security-related 
STEM subjects and supports the homeland security enterprise 
workforce. This program is not duplicative of other Federal 
STEM education programs because of its specific goals and the 
students it serves.

   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.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3578 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3578 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation. However, H.R. 3578 updates expired authorities for 
the Homeland Security Science and Technology Advisory Committee 
(Homeland Security Act of 2002, sec. 311(6 U.S.C. 191)).

                  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

Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``DHS Science and Technology Reform and Improvements Act of 
2015''.

Sec. 2.   Science and Technology in Support of Homeland Security.

This section amends Section 301 of 6 U.S.C.:
    Section 301 is amended to establish a mission statement 
that codifies the Science and Technology Directorate as the 
primary research, development, testing, and evaluation arm of 
the Department that is responsible for coordinating the 
research and development of the Department. The mission also 
requires the Directorate to build partnerships and leverage 
solutions developed by other Federal agencies, the private 
sector, and academia.
    The Committee views the Science and Technology Directorate 
as the primary research and development component for the 
Department and the stated mission codifies that role. The 
Committee intends, to the extent practicable, technology 
solutions employed and leveraged by the Directorate be 
affordable, reliable and easily maintained.
    Committee hearings and outreach with stakeholders 
reinforced the invaluable nature of private sector and industry 
collaboration. The Committee supports these relationships and 
the Directorate's partnerships and encourages the Directorate 
to maintain and enhance current collaboration and partnership 
efforts.

This section amends Section 302 of 6 U.S.C.:
    Section 302 is amended with technical edits and to update 
the responsibilities of the Under Secretary for Science and 
Technology. These include ensuring that the Under Secretary 
carries out the mission established in section 301, serves as 
the senior scientific advisor to the Secretary, and develops a 
strategy to identify and develop countermeasures to terrorist 
threats that may serve as the basis for a national strategy.
    The Committee intends to support the Directorate in its 
work to strengthen coordination, collaboration and cooperation 
with all Department components and offices in order to create a 
research and development strategy for the Department. The 
Committee views the Directorate's role in coordination of 
research and development across the Department essential for 
the Department's continued ``unity of effort'' work and to 
ensure the reduction of unnecessary duplication of research and 
development. The Committee believes that the Department 
strategy established by the Science and Technology Directorate 
should serve as the basis for a national strategy on homeland 
security research and development.
    New sections of the Responsibilities and Authorities of the 
Under Secretary for Science and Technology include: 
coordinating and integrating all research, development, 
testing, and evaluation activities of the Department, including 
through a centralized Federal clearinghouse for information 
relating to technologies that would further the mission of the 
Department; establishing a process to engage senior Directorate 
and DHS leadership and assess R&D projects to ensure they meet 
Directorate and Department goals; developing and overseeing the 
administration of guidelines for periodic external review of 
Department research and development programs; partnering with 
components to provide guidance on how to identify capability 
gaps to build science-based, analytic capability and capacity 
throughout the Department; acting as a coordinating office for 
technology development for the Department; and coordinating 
with venture capital organizations to assist in the 
commercialization of innovative homeland security technologies.
    The Committee intends to codify the Directorate's portfolio 
review process that examines and assesses individual research 
and development projects and the overall portfolio. The 
portfolio review process ensures the Directorate's research and 
development portfolio reflects the highest-priority needs of 
the Homeland Security Enterprise and aligns with the 
Directorate's and the Department's strategic priorities.
    The Committee intends to codify the Directorate's work with 
venture capital organizations, including non-profit 
organizations, to ensure technology investments can be realized 
by federal government partners and the private sector. Targeted 
venture capital investments can accelerate product development 
and add mission-critical capabilities to deliver cutting-edge 
technologies quickly and efficiently. The Committee intends to 
codify the Department's activities in this area, and encourages 
the Department to continue to coordinate with venture capital 
organizations to provide support to business, especially small 
businesses, assisting in the commercialization of innovative 
homeland security technologies.
    This section also includes a reporting requirement for the 
Directorate to inform Congress on the implementation of its 
responsibilities and authorities.

This section amends Section 303 of 6 U.S.C.:
    Section 303 is amended to strike an obsolete reference.

This section amends Section 305 of 6 U.S.C.:
    Section 305 is amended to require the Secretary to review 
and revise the policies of the Department related to Federally 
Funded Research and Development Centers (FFRDCs) regarding 
personal conflicts of interest to prohibit employees from 
making or materially influencing research findings or agency 
decision making.

This section amends Section 306 of 6 U.S.C.:
    Section 306 is amended to include language to ensure 
Congress is notified prior to the Directorate establishing new 
regulations. This section also provides the Directorate with 
the same hiring authority for scientists and engineers as the 
Homeland Security Advanced Research Projects Agency (HSARPA).
    HSARPA currently uses this hiring authority to support the 
mission of the Department when recruiting qualified candidates. 
The Committee intends to allow this authority to extend across 
the Directorate to augment program work and allow the 
Directorate the flexibility to manage, prioritize, and assign 
new dimensions of technical skills and credibility across the 
Directorate.

This section amends Section 308 of 6 U.S.C.:
    Section 308 is amended so that the University-Based Centers 
criteria for designation includes nuclear, explosive 
countermeasures or detection (which may include research into 
remote sensing and remote imaging) and cybersecurity. This 
section amends the information required in the report to 
Congress to include Centers designated pursuant to the section, 
a description of how the designations enhance homeland 
security, information on decisions to revoke or modify 
designations, a description of research tasked and completed by 
Centers, a description of funding, and a description of plans 
for utilizing Centers.
    The Committee intends for S&T to provide Congress with 
additional information on the implementation of the University-
Based Centers program.
    This section establishes a Test, Evaluation, and Standards 
Division with a Director responsible for advising the Under 
Secretary for Science and Technology, as well as Secretary of 
Homeland Security and Under Secretary of Management, on test 
and evaluation or standards activities in the Department. The 
Director is required to establish and update policies on 
operational testing, oversee and ensure adequate test and 
evaluation activities, review major acquisition test reports 
and data, and review available test and evaluation 
infrastructure. The Division is not required to conduct 
operational testing of major acquisition programs. This section 
allows the Director to evaluate Department of Defense 
technologies to assess whether those technologies can be 
leveraged to address homeland security capability gaps.
    The Committee recognizes that current as well as future 
enhancements to our Nation's technical threat detection systems 
can be lengthy and deliberative to test, evaluate, and field. 
The Committee also recognizes that this process may take 
significant time to move from concept to commercialization, 
rendering some capabilities ``out of date'' by the time they 
are fielded. Constant advancements and evolution in the threat 
environment often subject new capabilities to new and enhanced 
threats beyond the original scope envisioned when initially 
deployed. The dynamic nature and rapid evolution of the threat 
environment can lead to a serious compromise in security 
posture for the Nation. The Department may consider tools or 
programs to expedite initial R&D to rapid fielding and 
deployment in the field to 4 years or less.

This section amends Section 309 of 6 U.S.C.:
    Section 309 is amended to clarify that funds from the 
Directorate to Department of Energy National Laboratories would 
not be treated as assisted acquisitions. The federal 
acquisition regulations (FAR) define assisted acquisitions as a 
type of interagency acquisition where a servicing agency 
performs acquisition activities on a requesting agency's 
behalf, such as awarding and administering a contract, task 
order, or delivery order (FAR 2.101). According to the FAR 17.5 
before a solicitation is issued, the servicing agency and the 
requesting agency must sign a written interagency agreement 
that establishes the general terms and conditions governing the 
relationship between the parties. The requesting agency must 
provide the servicing agency any unique terms, conditions, and 
applicable agency-specific statutes, regulations, directives, 
and other applicable requirements for incorporation into the 
order or contract (FAR 17.502).

This section amends Section 310 of 6 U.S.C.:
    Section 310 is amended to require that any successor 
facility to the Plum Island Animal Disease Center, including 
the National Bio and Argo-Defense Facility, which is intended 
to replace Plum Island, be subject to the requirements of this 
section.

This section amends Section 311 of 6 U.S.C.:
    Section 311 is amended with a number of updates to existing 
statute regarding the Homeland Security Science and Technology 
Advisory Committee. This section would establish a minimum of 
15 and a maximum of 30 members on the Committee and would 
ensure academia, national labs and private industry are 
represented on the Committee. The Committee would sunset after 
five years.
    The Committee intends to update the existing statutory 
language in support of the Homeland Security Science and 
Technology Advisory Committee to ensure outside expertise from 
the Advisory Committee will continue and be utilized by the 
Directorate. It is the Committee's understanding that the 
Directorate may be planning to include more than 30 experts on 
the board. If that has occurred prior to enactment of this 
legislation, it is expected that the Advisory Committee will 
lower its membership through natural attrition.

This section amends Section 313 of 6 U.S.C.:
    Section 313 is amended to require Science and Technology 
Directorate to utilize the centralized Federal clearinghouse to 
enhance cooperation between components, limit unnecessary 
duplication between components on research and development 
projects, ensure technologies are accessible for components, 
and for any additional purposes the Secretary finds necessary.
    The Committee intends to ensure the technology 
clearinghouse is used to encourage and support innovative 
solutions to enhance homeland security and to support 
coordination and collaboration on technologies across the 
Department.

At the end of section 317 the following new sections are 
included:
            Sec. 318.  Identification and Prioritization of Research 
                    and Development.
    This section requires the Under Secretary for Science and 
Technology to establish a process to define, identify, 
prioritize, fund, and task the basic and applied homeland 
security research and development activities of the 
Directorate. This process would be responsive to near, mid, and 
long-term needs, including unanticipated needs to address 
emerging threats.
    The Committee intends for the Directorate to establish a 
clear process by which research and development is defined, 
identified and prioritized. Establishing such a process will 
facilitate the Directorate's mission, goals and work and 
support stronger coordination and collaboration on research and 
development across the Department. When establishing 
considerations to be used in selecting appropriate research 
entities, the Directorate should include total life cycle cost, 
return on investment, and opportunities for competition and re-
competition.
            Sec. 319.  Development of Directorate Strategy and Research 
                    and Development Plan.
    This section requires the Under Secretary for Science and 
Technology to develop and submit to Congress a strategy to 
guide the activities of the Directorate. This strategy would 
identify priorities and objectives for national development of 
civilian science and technology solutions and capabilities to 
address homeland security operational needs.
    This section requires the Under Secretary to develop and 
update a five-year research and development plan for the 
activities of the Directorate. This plan would define the 
Directorate's research, development, testing, and evaluation 
activities, priorities and performance metrics.
    The Committee intends for the Directorate to work with 
components and identify mission needs to inform the strategy 
and research and development plan.
            Sec. 320.  Monitoring of Progress.
    This section requires the Under Secretary for Science and 
Technology to establish a system to monitor the progress of 
research, development, testing, and evaluation activities 
undertaken by the Directorate and to report to Congress on 
these activities. The system must monitor progress toward 
project milestones, map progress toward deliverables identified 
in each five-year R&D plan, and allow the Under Secretary to 
report the number of products and services developed by the 
Directorate that have resulted in fielded technologies.
    The Committee views the establishment of a system to 
monitor the progress of research and development as necessary 
to ensure clear and strong communication between the 
Directorate and its clients. This system will address critiques 
of the Directorate.
            Sec. 321.  Homeland Security Science and Technology Fellows 
                    Program.
    This section requires the Secretary, acting through the 
Under Secretary for Science and Technology, to establish a 
Fellows program within the Department for the temporary 
placement of scientists in relevant scientific or technological 
fields for up to two years. Fellows would be placed in 
Department components that have a need for scientific and 
technological expertise.
    The Committee has concerns with the Department's 
suitability review process and encourages the Department to 
consider ways to better facilitate and expedite the process 
throughout the Department.
            Sec. 322.  Cybersecurity Research and Development.
    This section requires the Under Secretary for Science and 
Technology to support research, development, testing, 
evaluation, and transition of cybersecurity technologies to 
advance the development and deployment of secure information 
systems, create technologies to detect attacks or intrusions, 
support, in coordination with the private sector, the review of 
source code that underpins critical infrastructure information 
systems; assist the development of technologies to reduce 
vulnerabilities in industrial control systems, and support 
forensics and attack attribution. This section requires the 
Under Secretary to coordinate cybersecurity R&D efforts with 
other Federal agencies, including National Science Foundation, 
Defense Advanced Research Projects Agency, National Security 
Agency, Sector Specific Agencies and industry and academia. 
This section codifies the Transition to Practice program to 
support the life cycle of projects, research, development, 
test, evaluation, pilots, and transition. This section requires 
the Under Secretary to target federally funded research that 
demonstrates a high probability of successful transition to the 
commercial market within two years.
    The Committee intends for this R&D to address cybersecurity 
risks and incidents, including advancing the development and 
deployment of more secure information systems, creating 
technologies to detect and analyze intrusions and anomalous 
behavior, as well as manage data loss and manipulation, with 
attention to insider threats.
    The Committee intends to codify the transition to practice 
program to ensure labs have a more uniform way to conduct the 
transfer of technology relevant to the security of the 
homeland. The transition to practice program takes advantage of 
research already conducted and funds already spent to support 
robust cyber tools nationwide. The Committee intends federally 
funded to refer to federal labs, including Department of Energy 
and Federally Funded Research and Development Centers and 
academic institutions funded by the National Science Foundation 
(NSF) that the NSF recommends to DHS.
    The critical infrastructure sectors, as defined by the DHS, 
include the Chemical Sector; Commercial Facilities Sector; 
Communications Sector; Critical Manufacturing Sector; Dams 
Sector; Defense Industrial Base Sector; Emergency Services 
Sector; Energy Sector; Financial Services Sector; Food and 
Agriculture Sector; Government Facilities Sector; Healthcare 
and Public Health Sector; Information Technology Sector; 
Nuclear Reactors, Materials, and Waste Sector; Transportation 
Systems Sector; and Water and Wastewater Systems Sector.
            Sec. 323.  Integrated Product Teams.
    This section requires the Secretary to establish Integrated 
Product Teams (IPTs) to serve as a central mechanism for the 
Department to identify, coordinate, and align research and 
development efforts with Departmental missions. These IPTs will 
be managed by the Under Secretary for Science and Technology 
and relevant senior leadership of operational components and be 
responsible for identifying and prioritizing homeland security 
capability gaps, assessing the appropriateness of technology to 
address a specific mission area, and informing the annual 
budget process regarding technological solutions to address 
homeland security capability gaps. This section requires the 
Secretary to provide to Congress information on the impact and 
effectiveness of the IPTs.
    The Committee notes that DHS Secretary Jeh Johnson 
circulated a memorandum to all component heads that announced 
the establishment of Integrated Product Teams to ``improve 
acquisition and research and development (R&D) processes across 
DHS to deliver technologies and close identified capability 
gaps'' and explained that the IPTs would be ``aligned to the 
DHS mission areas and will incorporate an S&T-led technology 
assessment for all major acquisitions in the Department.'' The 
Committee intends for the Integrated Product Teams to support 
the Directorate's role in coordinating research and development 
across the Department. This section seeks to reform the current 
culture throughout the Department to ensure components are 
directly engaged with the Science and Technology Directorate in 
the conduct of R&D and ensures both are working together to 
identify mission gaps. This section would support the overall 
goal of strengthening R&D at the Department.
            Sec. 324. Homeland Security-STEM Summer Internship Program.
    This section codifies the Homeland Security STEM internship 
program. The program provides students with exposure to 
Department mission-relevant research areas to encourage 
students to pursue STEM careers in homeland security related 
fields. Interns must have successfully completed at least a 
year of higher education in a STEM field, be enrolled in a STEM 
course of study, plan to continue such course of study, and 
pursue career goals aligned with the Department's Mission, 
goals, and objectives. The Under Secretary must determine the 
academic requirements, and selection criteria and standards for 
successful completion of the internship. The program shall be 
administered with the university-based centers and ensure each 
intern is assigned a research mentor. The Under Secretary must 
conduct outreach to students who are members of groups under-
represented in STEM careers to encourage participation in the 
program. The term ``institution of higher education'' is 
defined.

    All amendments made by the bill would take effect 30 days 
after the date of enactment.
    The bill amends the table of contents of the Homeland 
Security Act.

This section amends Section 831 of 6 U.S.C.:
    Section 831 is amended to extend Other Transaction 
Authority (OTA) until 2020 and would require the Secretary to 
approve the OTA prior to its use. This section updates existing 
reporting requirements and requires training of acquisition 
staff in the use of OTA.

    Additionally, this bill updates the definition of 
``incident'' currently found in the second section 226 of the 
Homeland Security Act.
    The bill requires GAO to initiate a study to assess the 
university-based centers program authorized by section 
308(b)(2) of the Homeland Security Act.
    The bill requires the Secretary to make use of the prize 
authority existing under current law.
    No new funds are authorized to carry out the legislation.

         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 italics, and 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) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

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

     * * * * * * *
Sec. 318. Identification and prioritization of research and development.
Sec. 319. Development of Directorate strategy and research and 
          development plan.
Sec. 320. Monitoring of progress.
Sec. 321. Homeland Security Science and Technology Fellows Program.
Sec. 322. Cybersecurity research and development.
Sec. 323. Integrated product teams.
Sec. 324. Homeland Security-STEM summer internship program.

           *       *       *       *       *       *       *

TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

           *       *       *       *       *       *       *

Subtitle C--Information Security

           *       *       *       *       *       *       *

SEC. 226. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER.

  (a) Definitions.--In this section--
          (1) the term ``cybersecurity risk'' means threats to 
        and vulnerabilities of information or information 
        systems and any related consequences caused by or 
        resulting from unauthorized access, use, disclosure, 
        degradation, disruption, modification, or destruction 
        of information or information systems, including such 
        related consequences caused by an act of terrorism;
          [(2) the term ``incident'' means an occurrence that--
                  [(A) actually or imminently jeopardizes, 
                without lawful authority, the integrity, 
                confidentiality, or availability of information 
                on an information system; or
                  [(B) constitutes a violation or imminent 
                threat of violation of law, security policies, 
                security procedures, or acceptable use 
                policies;]
          (2) Incident.--The term ``incident'' means an 
        occurrence that actually or imminently jeopardizes, 
        without lawful authority, the integrity, 
        confidentiality, or availability of information on an 
        information system, or actually or imminently 
        jeopardizes, without lawful authority, an information 
        system.
          (3) the term ``information sharing and analysis 
        organization'' has the meaning given that term in 
        section 212(5); and
          (4) the term ``information system'' has the meaning 
        given that term in section 3502(8) of title 44, United 
        States Code.
  (b) Center.--There is in the Department a national 
cybersecurity and communications integration center (referred 
to in this section as the ``Center'') to carry out certain 
responsibilities of the Under Secretary appointed under section 
103(a)(1)(H).
  (c) Functions.--The cybersecurity functions of the Center 
shall include--
          (1) being a Federal civilian interface for the multi-
        directional and cross-sector sharing of information 
        related to cybersecurity risks, incidents, analysis, 
        and warnings for Federal and non-Federal entities;
          (2) providing shared situational awareness to enable 
        real-time, integrated, and operational actions across 
        the Federal Government and non-Federal entities to 
        address cybersecurity risks and incidents to Federal 
        and non-Federal entities;
          (3) coordinating the sharing of information related 
        to cybersecurity risks and incidents across the Federal 
        Government;
          (4) facilitating cross-sector coordination to address 
        cybersecurity risks and incidents, including 
        cybersecurity risks and incidents that may be related 
        or could have consequential impacts across multiple 
        sectors;
          (5)(A) conducting integration and analysis, including 
        cross-sector integration and analysis, of cybersecurity 
        risks and incidents; and
          (B) sharing the analysis conducted under subparagraph 
        (A) with Federal and non-Federal entities;
          (6) upon request, providing timely technical 
        assistance, risk management support, and incident 
        response capabilities to Federal and non-Federal 
        entities with respect to cybersecurity risks and 
        incidents, which may include attribution, mitigation, 
        and remediation; and
          (7) providing information and recommendations on 
        security and resilience measures to Federal and non-
        Federal entities, including information and 
        recommendations to--
                  (A) facilitate information security; and
                  (B) strengthen information systems against 
                cybersecurity risks and incidents.
  (d) Composition.--
          (1) In general.--The Center shall be composed of--
                  (A) appropriate representatives of Federal 
                entities, such as--
                          (i) sector-specific agencies;
                          (ii) civilian and law enforcement 
                        agencies; and
                          (iii) elements of the intelligence 
                        community, as that term is defined 
                        under section 3(4) of the National 
                        Security Act of 1947 (50 U.S.C. 
                        3003(4));
                  (B) appropriate representatives of non-
                Federal entities, such as--
                          (i) State and local governments;
                          (ii) information sharing and analysis 
                        organizations; and
                          (iii) owners and operators of 
                        critical information systems;
                  (C) components within the Center that carry 
                out cybersecurity and communications 
                activities;
                  (D) a designated Federal official for 
                operational coordination with and across each 
                sector; and
                  (E) other appropriate representatives or 
                entities, as determined by the Secretary.
          (2) Incidents.--In the event of an incident, during 
        exigent circumstances the Secretary may grant a Federal 
        or non-Federal entity immediate temporary access to the 
        Center.
  (e) Principles.--In carrying out the functions under 
subsection (c), the Center shall ensure--
          (1) to the extent practicable, that--
                  (A) timely, actionable, and relevant 
                information related to cybersecurity risks, 
                incidents, and analysis is shared;
                  (B) when appropriate, information related to 
                cybersecurity risks, incidents, and analysis is 
                integrated with other relevant information and 
                tailored to the specific characteristics of a 
                sector;
                  (C) activities are prioritized and conducted 
                based on the level of risk;
                  (D) industry sector-specific, academic, and 
                national laboratory expertise is sought and 
                receives appropriate consideration;
                  (E) continuous, collaborative, and inclusive 
                coordination occurs--
                          (i) across sectors; and
                          (ii) with--
                                  (I) sector coordinating 
                                councils;
                                  (II) information sharing and 
                                analysis organizations; and
                                  (III) other appropriate non-
                                Federal partners;
                  (F) as appropriate, the Center works to 
                develop and use mechanisms for sharing 
                information related to cybersecurity risks and 
                incidents that are technology-neutral, 
                interoperable, real-time, cost-effective, and 
                resilient; and
                  (G) the Center works with other agencies to 
                reduce unnecessarily duplicative sharing of 
                information related to cybersecurity risks and 
                incidents;
          (2) that information related to cybersecurity risks 
        and incidents is appropriately safeguarded against 
        unauthorized access; and
          (3) that activities conducted by the Center comply 
        with all policies, regulations, and laws that protect 
        the privacy and civil liberties of United States 
        persons.
  (f) No Right or Benefit.--
          (1) In general.--The provision of assistance or 
        information to, and inclusion in the Center of, 
        governmental or private entities under this section 
        shall be at the sole and unreviewable discretion of the 
        Under Secretary appointed under section 103(a)(1)(H).
          (2) Certain assistance or information.--The provision 
        of certain assistance or information to, or inclusion 
        in the Center of, one governmental or private entity 
        pursuant to this section shall not create a right or 
        benefit, substantive or procedural, to similar 
        assistance or information for any other governmental or 
        private entity.

           *       *       *       *       *       *       *

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

SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.

   [There] (a)  In General._There shall be in the Department a 
Directorate of Science and Technology headed by an Under 
Secretary for Science and Technology.
  (b) Mission.--The Directorate of Science and Technology shall 
be the primary research, development, testing, and evaluation 
arm of the Department, responsible for coordinating the 
research, development, testing, and evaluation of the 
Department to strengthen the security and resiliency of the 
United States. The Directorate shall--
          (1) develop and deliver knowledge, analyses, and 
        innovative solutions that are responsive to homeland 
        security capability gaps identified by components and 
        offices of the Department, the first responder 
        community, and the Homeland Security Enterprise (as 
        such term is defined in section 322) and that can be 
        integrated into operations of the Department;
          (2) seek innovative, system-based solutions to 
        complex homeland security problems; and
          (3) build partnerships and leverage technology 
        solutions developed by other Federal agencies and 
        laboratories, State, local, and tribal governments, 
        universities, and the private sector.

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

    [The Secretary, acting through the Under Secretary for 
Science and Technology, shall] (a)  In General._The Secretary, 
acting through the Under Secretary for Science and Technology, 
shall carry out the mission described in subsection (b) of 
section 301 and shall have the responsibility for--
          (1) advising the Secretary regarding research and 
        development efforts and priorities in support of the 
        Department's missions and serving as the senior 
        scientific advisor to the Secretary;
          (2) developing, in consultation with other 
        appropriate executive agencies, a [national] policy and 
        strategic plan for, identifying priorities, goals, 
        objectives and policies for, and coordinating the 
        Federal Government's civilian efforts to identify and 
        develop countermeasures to chemical, [biological,,] 
        biological, and other emerging terrorist threats that 
        may serve as a basis of a national strategy, including 
        the development of comprehensive, research-based 
        definable goals for such efforts and development of 
        annual measurable objectives and specific targets to 
        accomplish and evaluate the goals for such efforts;
          (3) supporting [the Under Secretary for Intelligence 
        and Analysis and the Assistant Secretary for 
        Infrastructure Protection] components and offices of 
        the Department, by assessing and testing homeland 
        security vulnerabilities and possible threats;
          (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, [except that such responsibility does not 
        extend to human health-related research and development 
        activities] including coordinating with relevant 
        components and offices of the Department appropriate 
        to-- 
                  (A) identify and prioritize technical 
                capability requirements and create solutions 
                that include researchers, the private sector, 
                and operational end users, and
                  (B) develop capabilities to address issues on 
                research, development, testing, evaluation, 
                technology, and standards for the first 
                responder community,
        except that such responsibility does not extend to the 
        human health-related research and development 
        activities;
          (5) establishing priorities for, directing, funding, 
        and conducting national research, development, test and 
        evaluation, and procurement of technology and systems 
        for--
                  (A) preventing the importation of chemical, 
                [biological,,] biological, and related weapons 
                and material; and
                  (B) detecting, preventing, protecting 
                against, and responding to terrorist attacks;
          (6) establishing a system for transferring homeland 
        security developments or technologies to Federal, 
        State, local government, and private sector entities;
          (7) entering into work agreements, joint 
        sponsorships, contracts, or any other agreements with 
        the Department of Energy regarding the use of the 
        national laboratories or sites and support of the 
        science and technology base at those facilities;
          (8) collaborating with the Secretary of Agriculture 
        and the Attorney General as provided in section 212 of 
        the Agricultural Bioterrorism Protection Act of 2002 (7 
        U.S.C. 8401), as amended by section 1709(b);
          (9) collaborating with the Secretary of Health and 
        Human Services and the Attorney General in determining 
        any new biological agents and toxins that shall be 
        listed as ``select agents'' in Appendix A of part 72 of 
        title 42, Code of Federal Regulations, pursuant to 
        section 351A of the Public Health Service Act (42 
        U.S.C. 262a);
          (10) supporting United States leadership in science 
        and technology;
          (11) establishing and administering the primary 
        research and development activities of the Department, 
        including the long-term research and development needs 
        and capabilities for all elements of the Department;
          [(12) coordinating and integrating all research, 
        development, demonstration, testing, and evaluation 
        activities of the Department;]
          (12) coordinating and integrating all research, 
        development, demonstration, testing, and evaluation 
        activities of the Department, including through a 
        centralized Federal clearinghouse established pursuant 
        to paragraph (1) of section 313(b) for information 
        relating to technologies that would further the mission 
        of the Department, and providing advice, as necessary, 
        regarding major acquisition programs;
          (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[.];
          (15) establishing a process that--
                  (A) includes consideration by Directorate 
                leadership, senior component leadership, first 
                responders, and outside expertise;
                  (B) is strategic, transparent, and repeatable 
                with a goal of continuous improvement;
                  (C) through which research and development 
                projects undertaken by the Directorate are 
                assessed on a regular basis; and
                  (D) includes consideration of metrics to 
                ensure research and development projects meet 
                Directorate and Department goals and inform 
                departmental budget and program planning;
          (16) developing and overseeing the administration of 
        guidelines for periodic external review of departmental 
        research and development programs or activities, 
        including through--
                  (A) consultation with experts, including 
                scientists and practitioners, regarding the 
                research and development activities conducted 
                by the Directorate of Science and Technology; 
                and
                  (B) biennial independent, external review--
                          (i) initially at the division level; 
                        or
                          (ii) when divisions conduct multiple 
                        programs focused on significantly 
                        different subjects, at the program 
                        level;
          (17) partnering with components and offices of the 
        Department to develop and deliver knowledge, analyses, 
        and innovative solutions that are responsive to 
        identified homeland security capability gaps and raise 
        the science-based, analytic capability and capacity of 
        appropriate individuals throughout the Department by 
        providing guidance on how to better identify homeland 
        security capability gaps that may be addressed through 
        a technological solution and by partnering with such 
        components and offices to--
                  (A) support technological assessments of 
                major acquisition programs throughout the 
                acquisition lifecycle;
                  (B) help define appropriate technological 
                requirements and perform feasibility analysis;
                  (C) assist in evaluating new and emerging 
                technologies against capability gaps;
                  (D) support evaluation of alternatives;
                  (E) improve the use of technology Department-
                wide; and
                  (F) provide technical assistance in the 
                development of acquisition lifecycle cost for 
                technologies;
          (18) acting as a coordinating office for technology 
        development for the Department by helping components 
        and offices define technological requirements, and 
        building partnerships with appropriate entities (such 
        as within the Department and with other Federal 
        agencies and laboratories, State, local, and tribal 
        governments, universities, and the private sector) to 
        help each such component and office attain the 
        technology solutions it needs; and
          (19) coordinating with organizations that provide 
        venture capital to businesses, particularly small 
        businesses, as appropriate, to assist in the 
        commercialization of innovative homeland security 
        technologies that are expected to be ready for 
        commercialization in the near term and within 36 
        months.
  (b) Review of Responsibilities.--Not later than 180 days 
after the date of the enactment of this subsection, the Under 
Secretary for Science and Technology shall submit to the 
appropriate congressional committees a report on the 
implementation of paragraphs (2) (including how the policy and 
strategic plan under such paragraph may serve as a basis for a 
national strategy referred to in such paragraph), (11), (12), 
(13), (16), and (17) of subsection (a).

SEC. 303. FUNCTIONS TRANSFERRED.

   In accordance with title XV, there shall be transferred to 
the Secretary the functions, personnel, assets, and liabilities 
of the following entities:
          (1) The following programs and activities of the 
        Department of Energy, including the functions of the 
        Secretary of Energy relating thereto (but not including 
        programs and activities relating to the strategic 
        nuclear defense posture of the United States):
                  (A) The chemical and biological national 
                security and supporting programs and activities 
                of the nonproliferation and verification 
                research and development program.
                  (B) The nuclear smuggling programs and 
                activities within the proliferation detection 
                program of the nonproliferation and 
                verification research and development program. 
                The programs and activities described in this 
                subparagraph may be designated by the President 
                either for transfer to the Department or for 
                joint operation by the Secretary and the 
                Secretary of Energy.
                  (C) The nuclear assessment program and 
                activities of the assessment, detection, and 
                cooperation program of the international 
                materials protection and cooperation program.
                  (D) Such life sciences activities of the 
                biological and environmental research program 
                related to microbial pathogens as may be 
                designated by the President for transfer to the 
                Department.
                  (E) The Environmental Measurements 
                Laboratory.
                  [(F) The advanced scientific computing 
                research program and activities at Lawrence 
                Livermore National Laboratory.]
          (2) The National Bio-Weapons Defense Analysis Center 
        of the Department of Defense, including the functions 
        of the Secretary of Defense related thereto.

           *       *       *       *       *       *       *

SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

   [The] (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) Conflicts of Interest.--The Secretary shall review and 
revise, as appropriate, the policies of the Department relating 
to personnel conflicts of interest to ensure that such policies 
specifically address employees of federally funded research and 
development centers established pursuant to subsection (a) who 
are in a position to make or materially influence research 
findings or agency decision making.

SEC. 306. MISCELLANEOUS PROVISIONS.

  (a) Classification.--To the greatest extent practicable, 
research conducted or supported by the Department shall be 
unclassified.
  (b) Construction.--Nothing in this title shall be construed 
to preclude any Under Secretary of the Department from carrying 
out research, development, demonstration, or deployment 
activities, as long as such activities are coordinated through 
the Under Secretary for Science and Technology.
  (c) Regulations.--The Secretary, acting through the Under 
Secretary for Science and Technology, may issue necessary 
regulations with respect to research, development, 
demonstration, testing, and evaluation activities of the 
Department, including the conducting, funding, and reviewing of 
such activities. If such regulations are issued, the Under 
Secretary shall report to the appropriate congressional 
committees prior to such issuance.
  [(d) Notification of Presidential Life Sciences 
Designations.--Not later than 60 days before effecting any 
transfer of Department of Energy life sciences activities 
pursuant to section 303(1)(D) of this Act, the President shall 
notify the appropriate congressional committees of the proposed 
transfer and shall include the reasons for the transfer and a 
description of the effect of the transfer on the activities of 
the Department of Energy.]
  (d) Personnel.--In hiring personnel for the Directorate of 
Science and Technology, the Secretary shall have the hiring and 
management authorities described in section 1101 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999 (5 U.S.C. 3104 note; Public Law 105-261). The term of 
appointments for employees under subsection (c)(1) of such 
section may not exceed five years before the granting of any 
extension under subsection (c)(2) of such section.

           *       *       *       *       *       *       *

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

  (a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall carry out the 
responsibilities under section 302(4) through both extramural 
and intramural programs.
  (b) Extramural Programs.--
          (1) In general.--The Secretary, acting through the 
        Under Secretary for Science and Technology, shall 
        operate extramural research, development, 
        demonstration, testing, and evaluation programs so as 
        to--
                  (A) ensure that colleges, universities, 
                private research institutes, and companies (and 
                consortia thereof) from as many areas of the 
                United States as practicable participate;
                  (B) ensure that the research funded is of 
                high quality, as determined through merit 
                review processes developed under section 
                302(14); and
                  (C) distribute funds through grants, 
                cooperative agreements, and contracts.
          (2) University-based centers for homeland security.--
                  (A) Designation.--The Secretary, acting 
                through the Under Secretary for Science and 
                Technology, shall designate a university-based 
                center or several university-based centers for 
                homeland security. The purpose of the center or 
                these centers shall be to establish a 
                coordinated, university-based system to enhance 
                the Nation's homeland security.
                  (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) The training of first responders.
                          (ii) Responding to incidents 
                        involving weapons of mass destruction 
                        and biological warfare.
                          (iii) Emergency and diagnostic 
                        medical services.
                          (iv) Chemical, biological, 
                        radiological, [and nuclear 
                        countermeasures or detection] nuclear, 
                        and explosives countermeasures or 
                        detection (which may include research 
                        into remote sensing and remote 
                        imaging).
                          (v) Animal and plant health and 
                        diagnostics.
                          (vi) Food safety.
                          (vii) Water and wastewater 
                        operations.
                          (viii) Port and waterway security.
                          (ix) Multi-modal transportation.
                          (x) Information security and 
                        information engineering.
                          (xi) Engineering.
                          (xii) Educational outreach and 
                        technical assistance.
                          (xiii) Border transportation and 
                        security.
                          (xiv) The public policy implications 
                        and public dissemination of homeland 
                        security related research and 
                        development.
                          (xv) Cybersecurity.
                  (C) Discretion of secretary.--To the extent 
                that exercising such discretion is in the 
                interest of homeland security, and with respect 
                to the designation of any given university-
                based center for homeland security, the 
                Secretary may except certain criteria as 
                specified in section 308(b)(2)(B) and consider 
                additional criteria beyond those specified in 
                section 308(b)(2)(B). Upon designation of a 
                university-based center for homeland security, 
                the Secretary shall that day publish in the 
                Federal Register the criteria that were 
                excepted or added in the selection process and 
                the justification for the set of criteria that 
                were used for that designation.
                  [(D) Report to congress.--The Secretary shall 
                report annually, from the date of enactment, to 
                Congress concerning the implementation of this 
                section. That report shall indicate which 
                center or centers have been designated and how 
                the designation or designations enhance 
                homeland security, as well as report any 
                decisions to revoke or modify such 
                designations.]
                  (D) Annual report to congress.--Not later 
                than one year after the date of the enactment 
                of this subparagraph and annually thereafter, 
                the Secretary shall submit to Congress a report 
                on the implementation of this section. Each 
                such report shall--
                          (i) indicate which center or centers 
                        have been designated pursuant to this 
                        section;
                          (ii) describe how such designation or 
                        designations enhance homeland security;
                          (iii) provide information on any 
                        decisions to revoke or modify such 
                        designation or designations;
                          (iv) describe research that has been 
                        tasked and completed by each center 
                        that has been designated during the 
                        preceding year;
                          (v) describe funding provided by the 
                        Secretary for each center under clause 
                        (iv) for that year; and
                          (vi) describe plans for utilization 
                        of each center or centers in the 
                        forthcoming year.
                  (E) Authorization of appropriations.--There 
                are authorized to be appropriated such sums as 
                may be necessary to carry out this paragraph.
  (c) Intramural Programs.--
          (1) Consultation.--In carrying out the duties under 
        section 302, the Secretary, acting through the Under 
        Secretary for Science and Technology, may draw upon the 
        expertise of any laboratory of the Federal Government, 
        whether operated by a contractor or the Government.
          (2) Laboratories.--The Secretary, acting through the 
        Under Secretary for Science and Technology, may 
        establish a headquarters laboratory for the Department 
        at any laboratory or site and may establish additional 
        laboratory units at other laboratories or sites.
          (3) Criteria for headquarters laboratory.--If the 
        Secretary chooses to establish a headquarters 
        laboratory pursuant to paragraph (2), then the 
        Secretary shall do the following:
                  (A) Establish criteria for the selection of 
                the headquarters laboratory in consultation 
                with the National Academy of Sciences, 
                appropriate Federal agencies, and other 
                experts.
                  (B) Publish the criteria in the Federal 
                Register.
                  (C) Evaluate all appropriate laboratories or 
                sites against the criteria.
                  (D) Select a laboratory or site on the basis 
                of the criteria.
                  (E) Report to the appropriate congressional 
                committees on which laboratory was selected, 
                how the selected laboratory meets the published 
                criteria, and what duties the headquarters 
                laboratory shall perform.
          (4) Limitation on operation of laboratories.--No 
        laboratory shall begin operating as the headquarters 
        laboratory of the Department until at least 30 days 
        after the transmittal of the report required by 
        paragraph (3)(E).
  (d) Test, Evaluation, and Standards Division.--
          (1) Establishment.--There is established in the 
        Directorate of Science and Technology a Test, 
        Evaluation, and Standards Division.
          (2) Director.--The Test, Evaluation, and Standards 
        Division shall be headed by a Director of Test, 
        Evaluation, and Standards, who shall be appointed by 
        the Secretary and report to the Under Secretary for 
        Science and Technology.
          (3) Responsibilities, authorities, and functions.--
        The Director of Test, Evaluation, and Standards--
                  (A) through the Under Secretary for Science 
                and Technology, serve as an adviser to the 
                Secretary and the Under Secretary of Management 
                on all test and evaluation or standards 
                activities in the Department; and
                  (B) shall--
                          (i) establish and update as necessary 
                        test and evaluation policies for the 
                        Department, including policies to 
                        ensure that operational testing is done 
                        at facilities that already have 
                        relevant and appropriate safety and 
                        material certifications to the extent 
                        such facilities are available;
                          (ii) oversee and ensure that adequate 
                        test and evaluation activities are 
                        planned and conducted by or on behalf 
                        of components and offices of the 
                        Department with respect to major 
                        acquisition programs of the Department, 
                        as designated by the Secretary, based 
                        on risk, acquisition level, novelty, 
                        complexity, and size of any such 
                        acquisition program, or as otherwise 
                        established in statute;
                          (iii) review major acquisition 
                        program test reports and test data to 
                        assess the adequacy of test and 
                        evaluation activities conducted by or 
                        on behalf of components and offices of 
                        the Department, including test and 
                        evaluation activities planned or 
                        conducted pursuant to clause (ii); and
                          (iv) review available test and 
                        evaluation infrastructure to determine 
                        whether the Department has adequate 
                        resources to carry out its testing and 
                        evaluation responsibilities, as 
                        established under this title.
          (4) Limitation.--The Test, Evaluation, and Standards 
        Division is not required to carry out operational 
        testing of major acquisition programs.
          (5) Evaluation of department of defense 
        technologies.--The Director of Test, Evaluation, and 
        Standards may evaluate technologies currently in use or 
        being developed by the Department of Defense to assess 
        whether such technologies can be leveraged to address 
        homeland security capability gaps.

SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL LABORATORIES AND 
                    SITES IN SUPPORT OF HOMELAND SECURITY ACTIVITIES.

  (a) Authority to Utilize National Laboratories and Sites.--
          (1) In general.--In carrying out the missions of the 
        Department, the Secretary may utilize the Department of 
        Energy national laboratories and sites through any 1 or 
        more of the following methods, as the Secretary 
        considers appropriate:
                  (A) A joint sponsorship arrangement referred 
                to in subsection (b).
                  (B) A direct contract between the Department 
                and the applicable Department of Energy 
                laboratory or site, subject to subsection (c).
                  (C) Any ``work for others'' basis made 
                available by that laboratory or site.
                  (D) Any other method provided by law.
          (2) Acceptance and Performance by Labs and Sites.--
        Notwithstanding any other law governing the 
        administration, mission, use, or operations of any of 
        the Department of Energy national laboratories and 
        sites, such laboratories and sites are authorized to 
        accept and perform work for the Secretary, consistent 
        with resources provided, and perform such work on an 
        equal basis to other missions at the laboratory and not 
        on a noninterference basis with other missions of such 
        laboratory or site.
          (3) Treatment of certain funds.--Notwithstanding any 
        other provision of law, any funds provided to a 
        Department of Energy national laboratory by the 
        Department may not be treated as an assisted 
        acquisition.
  (b) Joint Sponsorship Arrangements.--
          (1) Laboratories.--The Department may be a joint 
        sponsor, under a multiple agency sponsorship 
        arrangement with the Department of Energy, of 1 or more 
        Department of Energy national laboratories in the 
        performance of work.
          (2) Sites.--The Department may be a joint sponsor of 
        a Department of Energy site in the performance of work 
        as if such site were a federally funded research and 
        development center and the work were performed under a 
        multiple agency sponsorship arrangement with the 
        Department.
          (3) Primary sponsor.--The Department of Energy shall 
        be the primary sponsor under a multiple agency 
        sponsorship arrangement referred to in paragraph (1) or 
        (2).
          (4) Lead agent.--The Secretary of Energy shall act as 
        the lead agent in coordinating the formation and 
        performance of a joint sponsorship arrangement under 
        this subsection between the Department and a Department 
        of Energy national laboratory or site.
          (5) Federal acquisition regulation.--Any work 
        performed by a Department of Energy national laboratory 
        or site under a joint sponsorship arrangement under 
        this subsection shall comply with the policy on the use 
        of federally funded research and development centers 
        under the Federal Acquisition Regulations.
          (6) Funding.--The Department shall provide funds for 
        work at the Department of Energy national laboratories 
        or sites, as the case may be, under a joint sponsorship 
        arrangement under this subsection under the same terms 
        and conditions as apply to the primary sponsor of such 
        national laboratory under section 303(b)(1)(C) of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 253(b)(1)(C)) or of such site to the 
        extent such section applies to such site as a federally 
        funded research and development center by reason of 
        this subsection.
  (c) Separate Contracting.--To the extent that programs or 
activities transferred by this Act from the Department of 
Energy to the Department of Homeland Security are being carried 
out through direct contracts with the operator of a national 
laboratory or site of the Department of Energy, the Secretary 
of Homeland Security and the Secretary of Energy shall ensure 
that direct contracts for such programs and activities between 
the Department of Homeland Security and such operator are 
separate from the direct contracts of the Department of Energy 
with such operator.
  (d) Authority With Respect to Cooperative Research and 
Development Agreements and Licensing Agreements.--In connection 
with any utilization of the Department of Energy national 
laboratories and sites under this section, the Secretary may 
permit the director of any such national laboratory or site to 
enter into cooperative research and development agreements or 
to negotiate licensing agreements with any person, any agency 
or instrumentality, of the United States, any unit of State or 
local government, and any other entity under the authority 
granted by section 12 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be 
transferred to a non-Federal party to such an agreement 
consistent with the provisions of sections 11 and 12 of that 
Act (15 U.S.C. 3710, 3710a).
  (e) Reimbursement of Costs.--In the case of an activity 
carried out by the operator of a Department of Energy national 
laboratory or site in connection with any utilization of such 
laboratory or site under this section, the Department of 
Homeland Security shall reimburse the Department of Energy for 
costs of such activity through a method under which the 
Secretary of Energy waives any requirement for the Department 
of Homeland Security to pay administrative charges or personnel 
costs of the Department of Energy or its contractors in excess 
of the amount that the Secretary of Energy pays for an activity 
carried out by such contractor and paid for by the Department 
of Energy.
  (f) Laboratory Directed Research and Development by the 
Department of Energy.--No funds authorized to be appropriated 
or otherwise made available to the Department in any fiscal 
year may be obligated or expended for laboratory directed 
research and development activities carried out by the 
Department of Energy unless such activities support the 
missions of the Department of Homeland Security.
  (g) Office for National Laboratories.--There is established 
within the Directorate of Science and Technology an Office for 
National Laboratories, which shall be responsible for the 
coordination and utilization of the Department of Energy 
national laboratories and sites under this section in a manner 
to create a networked laboratory system for the purpose of 
supporting the missions of the Department.
  (h) Department of Energy Coordination on Homeland Security 
Related Research.--The Secretary of Energy shall ensure that 
any research, development, test, and evaluation activities 
conducted within the Department of Energy that are directly or 
indirectly related to homeland security are fully coordinated 
with the Secretary to minimize duplication of effort and 
maximize the effective application of Federal budget resources.

SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF 
                    AGRICULTURE.

  (a) In General.--In accordance with title XV, the Secretary 
of Agriculture shall transfer to the Secretary of Homeland 
Security the Plum Island Animal Disease Center of the 
Department of Agriculture, including the assets and liabilities 
of the Center.
  (b) Continued Department of Agriculture Access.--On 
completion of the transfer of the Plum Island Animal Disease 
Center under subsection (a), the Secretary of Homeland Security 
and the Secretary of Agriculture shall enter into an agreement 
to ensure that the Department of Agriculture is able to carry 
out research, diagnostic, and other activities of the 
Department of Agriculture at the Center.
  (c) Direction of Activities.--The Secretary of Agriculture 
shall continue to direct the research, diagnostic, and other 
activities of the Department of Agriculture at the Center 
described in subsection (b).
  (d) Notification.--
          (1) In general.--At least 180 days before any change 
        in the biosafety level at the Plum Island Animal 
        Disease Center, the President shall notify Congress of 
        the change and describe the reasons for the change.
          (2) Limitation.--No change described in paragraph (1) 
        may be made earlier than 180 days after the completion 
        of the transition period (as defined in section 1501).
  (e) Successor Facility.--Any successor facility to the Plum 
Island Animal Disease Center, including the National Bio and 
Agro-Defense Facility (NBAF) under construction as of the date 
of the enactment of this subsection, which is intended to the 
replace the Plum Island Animal Disease Center shall be subject 
to the requirements of this section in the same manner and to 
the same extent as the Plum Island Animal Disease Center under 
this section.

SEC. 311. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

  (a) Establishment.--There is established within the 
Department a Homeland Security Science and Technology Advisory 
Committee (in this section referred to as the ``Advisory 
Committee''). The Advisory Committee shall make recommendations 
with respect to the activities of the Under Secretary for 
Science and Technology, including identifying research areas of 
potential importance to the security of the Nation.
  (b) Membership.--
          (1) Appointment.--The Advisory Committee shall 
        consist of [20 members] not fewer than 15 members and 
        not more than 30 members appointed by the Under 
        Secretary for Science and Technology, which shall 
        include emergency first-responders or representatives 
        of academia, national labs, private industry, and 
        organizations or associations of emergency first-
        responders. The Advisory Committee shall also include 
        representatives of citizen groups, including 
        economically disadvantaged communities. The individuals 
        appointed as members of the Advisory Committee--
                  (A) shall be eminent in fields such as 
                emergency response, research, engineering, new 
                product development, business, and management 
                consulting;
                  (B) shall be selected solely on the basis of 
                established records of distinguished service;
                  (C) shall not be employees of the Federal 
                Government; and
                  (D) shall be so selected as to provide 
                representation of a cross-section of the 
                research, development, demonstration, and 
                deployment activities supported by the Under 
                Secretary for Science and Technology.
          (2) Subcommittees.--The Advisory Committee may 
        establish subcommittees that focus on research and 
        development challenges, as appropriate.
          [(2)] (3) National research council.--The Under 
        Secretary for Science and Technology may enter into an 
        arrangement for the National Research Council to select 
        members of the Advisory Committee, but only if the 
        panel used by the National Research Council reflects 
        the representation described in paragraph (1).
  (c) Terms of Office.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the term of office of each member of the 
        Advisory Committee shall be 3 years on a rotating 
        basis.
          [(2) Original appointments.--The original members of 
        the Advisory Committee shall be appointed to three 
        classes. One class of six shall have a term of 1 year, 
        one class of seven a term of 2 years, and one class of 
        seven a term of 3 years.]
          [(3)] (2) Vacancies.--A member appointed to fill a 
        vacancy occurring before the expiration of the term for 
        which the member's predecessor was appointed shall [be 
        appointed] serve for the remainder of such term.
  (d) Eligibility.--A person who has completed two consecutive 
full terms of service on the Advisory Committee shall 
thereafter be ineligible for appointment during the 1-year 
period following the expiration of the second such term.
  (e) Meetings.--The Advisory Committee shall meet at least 
quarterly at the call of the Chair or whenever one-third of the 
members so request in writing. Each member shall be given 
appropriate notice of [the call of] each meeting, whenever 
possible not less than 15 days before the meeting.
  (f) Quorum.--A majority of the members of the Advisory 
Committee not having a conflict of interest in the matter being 
considered by the Advisory Committee shall constitute a quorum.
  (g) Conflict of Interest Rules.--The Advisory Committee shall 
establish rules for determining when 1 of its members has a 
conflict of interest in a matter being considered by the 
Advisory Committee.
  (h) Reports.--
          (1) Annual report.--The Advisory Committee shall 
        [render] submit an annual report to the Under Secretary 
        for Science and Technology for transmittal to 
        [Congress] the appropriate congressional committees on 
        or before January 31 of each year. Such report shall 
        describe the activities and recommendations of the 
        Advisory Committee, and incorporate the findings and 
        recommendations of the Advisory Committee 
        subcommittees, during the previous year.
          (2) Additional reports.--The Advisory Committee may 
        [render] submit to the Under Secretary for transmittal 
        to [Congress] the appropriate congressional committees 
        such additional reports on specific policy matters as 
        it considers appropriate.
  (i) Federal Advisory Committee Act Exemption.--Section 14 of 
the Federal Advisory Committee Act shall not apply to the 
Advisory Committee, except that the Advisory Committee shall 
file a charter with Congress every two years in accordance with 
subsection (b)(2) of such section 14.
  (j) Termination.--The Department of Homeland Security Science 
and Technology Advisory Committee shall terminate on December 
31, [2008] 2020.

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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) Application of Program.--The Secretary, acting through 
the Under Secretary for Science and Technology, shall use the 
program established under subsection (a) to--
          (1) enhance the cooperation between components and 
        offices of the Department on projects that have similar 
        goals, timelines, or outcomes;
          (2) ensure the coordination of technologies to 
        eliminate unnecessary duplication of research and 
        development;
          (3) ensure technologies are accessible for component 
        and office use on a Department website; and
          (4) carry out any additional purpose the Secretary 
        determines necessary.
  [(c)] (d) 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).

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

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

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

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

SEC. 320. MONITORING OF PROGRESS.

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

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

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

SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.

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

SEC. 323. INTEGRATED PRODUCT TEAMS.

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

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

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

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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, [2015] 2020, and subject 
to subsection (d), the Secretary may carry out a pilot program 
under which the Secretary may exercise the following 
authorities:
          (1) In general.--When the Secretary carries out 
        basic, applied, and advanced research and development 
        projects, including the expenditure of funds for such 
        projects, the Secretary may exercise the same authority 
        (subject to the same limitations and conditions) with 
        respect to such research and projects as the Secretary 
        of Defense may exercise under section 2371 of title 10, 
        United States Code (except for subsections (b) and 
        (f)), after making a determination that the use of a 
        contract, grant, or cooperative agreement for such 
        project is not feasible or appropriate. [The annual 
        report required under subsection (b) of this section, 
        as applied to the Secretary by this paragraph, shall be 
        submitted to the President of the Senate and the 
        Speaker of the House of Representatives.]
          (2) Prototype projects.--The Secretary may, under the 
        authority of paragraph (1), carry out prototype 
        projects in accordance with the requirements and 
        conditions provided for carrying out prototype projects 
        under section 845 of the National Defense Authorization 
        Act for Fiscal Year 1994 (Public Law 103-160). In 
        applying the authorities of that section 845, 
        subsection (c) of that section shall apply with respect 
        to prototype projects under this paragraph, and the 
        Secretary shall perform the functions of the Secretary 
        of Defense under subsection (d) thereof.
          (3) Prior approval.--In any case in which a component 
        or office of the Department seeks to utilize the 
        authority under this section, such office or component 
        shall first receive prior approval from the Secretary 
        by providing to the Secretary a proposal that includes 
        the rationale for the use of such authority, the funds 
        to be spent on the use of such authority, and the 
        expected outcome for each project that is the subject 
        of the use of such authority. In such a case, the 
        authority for evaluating the proposal may not be 
        delegated by the Secretary to anyone other than the 
        Under Secretary for Management.
  (b) Procurement of Temporary and Intermittent Services.--The 
Secretary may--
          (1) procure the temporary or intermittent services of 
        experts or consultants (or organizations thereof) in 
        accordance with section 3109(b) of title 5, United 
        States Code; and
          (2) whenever necessary due to an urgent homeland 
        security need, procure temporary (not to exceed 1 year) 
        or intermittent personal services, including the 
        services of experts or consultants (or organizations 
        thereof), without regard to the pay limitations of such 
        section 3109.
  (c) Additional Requirements.--
          (1) In general.--The authority of the Secretary under 
        this section shall terminate September 30, [2015] 2020, 
        unless before that date the Secretary--
                  (A) issues policy guidance detailing the 
                appropriate use of that authority; and
                  (B) provides training to each employee that 
                is authorized to exercise that authority.
          [(2) Report.--The Secretary shall provide an annual 
        report to the Committees on Appropriations of the 
        Senate and the House of Representatives, the Committee 
        on Homeland Security and Governmental Affairs of the 
        Senate, and the Committee on Homeland Security of the 
        House of Representatives detailing the projects for 
        which the authority granted by subsection (a) was used, 
        the rationale for its use, the funds spent using that 
        authority, the outcome of each project for which that 
        authority was used, and the results of any audits of 
        such projects.]
          (2) Report.--The Secretary shall annually submit to 
        the appropriate congressional committees a report 
        detailing the projects for which the authority granted 
        by subsection (a) was used, the rationale for such use, 
        the funds spent using such authority, the extent of 
        cost-sharing for such projects among Federal and non-
        federal sources, the extent to which use of such 
        authority has addressed a homeland security capability 
        gap identified by the Department, the total amount of 
        payments, if any, that were received by the Federal 
        Government as a result of the use of such authority 
        during the period covered by each such report, the 
        outcome of each project for which such authority was 
        used, and the results of any audits of such projects.
  (d) 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).
  (e) Training.--The Secretary shall develop a training program 
for acquisitions staff in the use of other transaction 
authority to help ensure the appropriate use of such authority.
  (f) Other Transaction Authority Defined.--In this section, 
the term ``other transaction authority'' means authority under 
subsection (a).

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```