IIB 

114TH CONGRESS 

1ST SESSION H. R. 3578 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2015 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘DHS Science and 

3 Technology Reform and Improvement Act of 2015’’. 

4 SEC. 2. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOME5 LAND SECURITY. 

6 (a) IN GENERAL.—Title III of the Homeland Secu7 rity Act of 2002 is amended— 

8 (1) in section 301 (6 U.S.C. 181)— 

9 (A) by striking ‘‘There’’ and inserting the 

10 following new subsection: 

11 ‘‘(a) IN GENERAL.—There’’; and 

12 (B) by adding at the end the following new 

13 subsection: 

14 ‘‘(b) MISSION.—The Directorate of Science and 

15 Technology shall be the primary research, development, 

16 testing, and evaluation arm of the Department, respon17 sible for coordinating the research, development, testing, 

18 and evaluation of the Department to strengthen the secu19 rity and resiliency of the United States. The Directorate 

20 shall— 

21 ‘‘(1) develop and deliver knowledge, analyses, 

22 and innovative solutions that are responsive to 

23 homeland security capability gaps and threats to the 

24 homeland identified by components and offices of the 

25 Department, the first responder community, and the 

26 Homeland Security Enterprise (as such term is deVerDate Sep 11 2014 22:17 Dec 14, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.RFS H3578

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1 fined in section 322) and that can be integrated into 

2 operations of the Department; 

3 ‘‘(2) seek innovative, system-based solutions to 

4 complex homeland security problems and threats; 

5 and 

6 ‘‘(3) build partnerships and leverage technology 

7 solutions developed by other Federal agencies and 

8 laboratories, State, local, and tribal governments, 

9 universities, and the private sector.’’; 

10 (2) in section 302 (6 U.S.C. 182)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘The Secretary, acting through the 

13 Under Secretary for Science and Technology, 

14 shall’’ and inserting the following new sub15 section: 

16 ‘‘(a) IN GENERAL.—The Secretary, acting through 

17 the Under Secretary for Science and Technology, shall 

18 carry out the mission described in subsection (b) of section 

19 301 and shall’’; 

20 (B) in subsection (a), as so amended by 

21 subparagraph (A) of this paragraph— 

22 (i) in paragraph (1), by inserting 

23 ‘‘and serving as the senior scientific advi24 sor to the Secretary’’ before the semicolon 

25 at the end; 


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1 (ii) in paragraph (2)— 

2 (I) by striking ‘‘national’’; 

3 (II) by striking ‘‘biological,,’’ and 

4 inserting ‘‘biological,’’; and 

5 (III) by inserting ‘‘that may 

6 serve as a basis of a national strat7 egy’’ after ‘‘terrorist threats’’; 

8 (iii) in paragraph (3)— 

9 (I) by striking ‘‘the Under Sec10 retary for Intelligence and Analysis 

11 and the Assistant Secretary for Infra12 structure Protection’’ and inserting 

13 ‘‘components and offices of the De14 partment’’; and 

15 (II) by inserting ‘‘terrorist’’ be16 fore ‘‘threats’’; 

17 (iv) in paragraph (4), by striking ‘‘ex18 cept that such responsibility does not ex19 tend to human health-related research and 

20 development activities’’ and inserting the 

21 following: ‘‘including coordinating with rel22 evant components and offices of the De23 partment appropriate to— 

24 ‘‘(A) identify and prioritize technical capa25 bility requirements and create solutions that inVerDate Sep 11 2014 22:17 Dec 14, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.RFS H3578

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1 clude researchers, the private sector, and oper2 ational end users; and 

3 ‘‘(B) develop capabilities to address issues 

4 on research, development, testing, evaluation, 

5 technology, and standards for the first re6 sponder community, 

7 except that such responsibility does not extend to 

8 the human health-related research and development 

9 activities;’’; 

10 (v) in paragraph (5)(A), by striking 

11 ‘‘biological,,’’ and inserting ‘‘biological,’’; 

12 (vi) by amending paragraph (12) to 

13 read as follows: 

14 ‘‘(12) coordinating and integrating all research, 

15 development, demonstration, testing, and evaluation 

16 activities of the Department, including through a 

17 centralized Federal clearinghouse established pursu18 ant to paragraph (1) of section 313(b) for informa19 tion relating to technologies that would further the 

20 mission of the Department, and providing advice, as 

21 necessary, regarding major acquisition programs;’’; 

22 (vii) in paragraph (13), by striking 

23 ‘‘and’’ at the end; 


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1 (viii) in paragraph (14), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (ix) by adding at the end the following 

5 new paragraphs: 

6 ‘‘(15) establishing a process that— 

7 ‘‘(A) includes consideration by Directorate 

8 leadership, senior component leadership, first 

9 responders, and outside expertise; 

10 ‘‘(B) is strategic, transparent, and repeat11 able with a goal of continuous improvement; 

12 ‘‘(C) through which research and develop13 ment projects undertaken by the Directorate 

14 are assessed on a regular basis; and 

15 ‘‘(D) includes consideration of metrics to 

16 ensure research and development projects meet 

17 Directorate and Department goals and inform 

18 departmental budget and program planning; 

19 ‘‘(16) developing and overseeing the administra20 tion of guidelines for periodic external review of de21 partmental research and development programs or 

22 activities, including through— 

23 ‘‘(A) consultation with experts, including 

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1 search and development activities conducted by 

2 the Directorate of Science and Technology; and 

3 ‘‘(B) biennial independent, external re4 view— 

5 ‘‘(i) initially at the division level; or 

6 ‘‘(ii) when divisions conduct multiple 

7 programs focused on significantly different 

8 subjects, at the program level; 

9 ‘‘(17) partnering with components and offices 

10 of the Department to develop and deliver knowledge, 

11 analyses, and innovative solutions that are respon12 sive to identified homeland security capability gaps 

13 and threats to the homeland and raise the science14 based, analytic capability and capacity of appro15 priate individuals throughout the Department by 

16 providing guidance on how to better identify home17 land security capability gaps and threats to the 

18 homeland that may be addressed through a techno19 logical solution and by partnering with such compo20 nents and offices to— 

21 ‘‘(A) support technological assessments of 

22 major acquisition programs throughout the ac23 quisition lifecycle; 

24 ‘‘(B) help define appropriate technological 

25 requirements and perform feasibility analysis; 


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1 ‘‘(C) assist in evaluating new and emerging 

2 technologies against homeland security capa3 bility gaps and terrorist threats; 

4 ‘‘(D) support evaluation of alternatives; 

5 ‘‘(E) improve the use of technology De6 partment-wide; and 

7 ‘‘(F) provide technical assistance in the de8 velopment of acquisition lifecycle cost for tech9 nologies; 

10 ‘‘(18) acting as a coordinating office for tech11 nology development for the Department by helping 

12 components and offices define technological require13 ments, and building partnerships with appropriate 

14 entities (such as within the Department and with 

15 other Federal agencies and laboratories, State, local, 

16 and tribal governments, universities, and the private 

17 sector) to help each such component and office at18 tain the technology solutions it needs; and 

19 ‘‘(19) coordinating with organizations that pro20 vide venture capital to businesses, particularly small 

21 businesses, as appropriate, to assist in the commer22 cialization of innovative homeland security tech23 nologies that are expected to be ready for commer24 cialization in the near term and within 36 months.’’; 

25 and 


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1 (C) by adding at the end the following new 

2 subsections: 

3 ‘‘(b) REVIEW OF RESPONSIBILITIES.—Not later than 

4 180 days after the date of the enactment of this sub5 section, the Under Secretary for Science and Technology 

6 shall submit to the Committee on Homeland Security and 

7 the Committee on Science, Space, and Technology of the 

8 House of Representatives and the Committee on Home9 land Security and Governmental Affairs of the Senate a 

10 report on the implementation of paragraphs (2) (including 

11 how the policy and strategic plan under such paragraph 

12 may serve as a basis for a national strategy referred to 

13 in such paragraph), (11), (12), (13), (16), and (17) of 

14 subsection (a).’’; 

15 (3) in section 303(1) (6 U.S.C. 183(1)), by 

16 striking subparagraph (F); 

17 (4) in section 305 (6 U.S.C. 185)— 

18 (A) by striking ‘‘The’’ and inserting the 

19 following new subsection: 

20 ‘‘(a) ESTABLISHMENT.—The’’; and 

21 (B) by adding at the end the following new 

22 subsection: 

23 ‘‘(b) CONFLICTS OF INTEREST.—The Secretary shall 

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1 sure that such policies specifically address employees of 

2 federally funded research and development centers estab3 lished pursuant to subsection (a) who are in a position 

4 to make or materially influence research findings or agen5 cy decision making.’’; 

6 (5) in section 306 (6 U.S.C. 186)— 

7 (A) in subsection (c), by adding at the end 

8 the following new sentence: ‘‘If such regulations 

9 are issued, the Under Secretary shall report to 

10 the Committee on Homeland Security and the 

11 Committee on Science, Space, and Technology 

12 of the House of Representatives and the Com13 mittee on Homeland Security and Govern14 mental Affairs of the Senate prior to such 

15 issuance.’’; and 

16 (B) by amending subsection (d) to read as 

17 follows: 

18 ‘‘(d) PERSONNEL.—In hiring personnel for the Direc19 torate of Science and Technology, the Secretary shall have 

20 the hiring and management authorities described in sec21 tion 1101 of the Strom Thurmond National Defense Au22 thorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; 

23 Public Law 105–261). The term of appointments for em24 ployees under subsection (c)(1) of such section may not 


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1 exceed 5 years before the granting of any extension under 

2 subsection (c)(2) of such section.’’; 

3 (6) in section 308 (6 U.S.C. 188)— 

4 (A) in subsection (b)(2)— 

5 (i) in subparagraph (B)— 

6 (I) in clause (iv), by striking 

7 ‘‘and nuclear countermeasures or de8 tection’’ and inserting ‘‘nuclear, and 

9 explosives countermeasures or detec10 tion (which may include research into 

11 remote sensing and remote imaging)’’; 

12 and 

13 (II) by adding after clause (xiv) 

14 the following new clause: 

15 ‘‘(xv) Cybersecurity.’’; and 

16 (ii) by amending subparagraph (D) to 

17 read as follows: 

18 ‘‘(D) ANNUAL REPORT TO CONGRESS.— 

19 Not later than 1 year after the date of the en20 actment of this subparagraph and annually 

21 thereafter, the Secretary shall submit to Con22 gress a report on the implementation of this 

23 section. Each such report shall— 


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1 ‘‘(i) indicate which center or centers 

2 have been designated pursuant to this sec3 tion; 

4 ‘‘(ii) describe how such designation or 

5 designations enhance homeland security; 

6 ‘‘(iii) provide information on any deci7 sions to revoke or modify such designation 

8 or designations; 

9 ‘‘(iv) describe research that has been 

10 tasked and completed by each center that 

11 has been designated during the preceding 

12 year; 

13 ‘‘(v) describe funding provided by the 

14 Secretary for each center under clause (iv) 

15 for that year; and 

16 ‘‘(vi) describe plans for utilization of 

17 each center or centers in the forthcoming 

18 year.’’; and 

19 (B) by adding at the end the following new 

20 subsection: 

21 ‘‘(d) TEST, EVALUATION, AND STANDARDS DIVI22 SION.— 

23 ‘‘(1) ESTABLISHMENT.—There is established in 

24 the Directorate of Science and Technology a Test, 

25 Evaluation, and Standards Division. 


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1 ‘‘(2) DIRECTOR.—The Test, Evaluation, and 

2 Standards Division shall be headed by a Director of 

3 Test, Evaluation, and Standards, who shall be ap4 pointed by the Secretary and report to the Under 

5 Secretary for Science and Technology. 

6 ‘‘(3) RESPONSIBILITIES, AUTHORITIES, AND

7 FUNCTIONS.—The Director of Test, Evaluation, and 

8 Standards— 

9 ‘‘(A) through the Under Secretary for 

10 Science and Technology, serve as an adviser to 

11 the Secretary and the Under Secretary of Man12 agement on all test and evaluation or standards 

13 activities in the Department; and 

14 ‘‘(B) shall— 

15 ‘‘(i) establish and update as necessary 

16 test and evaluation policies for the Depart17 ment, including policies to ensure that 

18 operational testing is done at facilities that 

19 already have relevant and appropriate safe20 ty and material certifications to the extent 

21 such facilities are available; 

22 ‘‘(ii) oversee and ensure that adequate 

23 test and evaluation activities are planned 

24 and conducted by or on behalf of compo25 nents and offices of the Department with 


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1 respect to major acquisition programs of 

2 the Department, as designated by the Sec3 retary, based on risk, acquisition level, nov4 elty, complexity, and size of any such ac5 quisition program, or as otherwise estab6 lished in statute; 

7 ‘‘(iii) review major acquisition pro8 gram test reports and test data to assess 

9 the adequacy of test and evaluation activi10 ties conducted by or on behalf of compo11 nents and offices of the Department, in12 cluding test and evaluation activities 

13 planned or conducted pursuant to clause 

14 (ii); and 

15 ‘‘(iv) review available test and evalua16 tion infrastructure to determine whether 

17 the Department has adequate resources to 

18 carry out its testing and evaluation respon19 sibilities, as established under this title. 

20 ‘‘(4) LIMITATION.—The Test, Evaluation, and 

21 Standards Division is not required to carry out oper22 ational testing of major acquisition programs. 

23 ‘‘(5) EVALUATION OF DEPARTMENT OF DE24 FENSE TECHNOLOGIES.—The Director of Test, 

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1 nologies currently in use or being developed by the 

2 Department of Defense to assess whether such tech3 nologies can be leveraged to address homeland secu4 rity capability gaps.’’; 

5 (7) in section 309(a) (6 U.S.C. 189(a)), by add6 ing at the end the following new paragraph: 

7 ‘‘(3) TREATMENT OF CERTAIN FUNDS.—Not8 withstanding any other provision of law, any funds 

9 provided to a Department of Energy national labora10 tory by the Department may not be treated as an 

11 assisted acquisition.’’; 

12 (8) in section 310 (6 U.S.C. 190), by adding at 

13 the end the following new subsection: 

14 ‘‘(e) SUCCESSOR FACILITY.—Any successor facility 

15 to the Plum Island Animal Disease Center, including the 

16 National Bio and Agro-Defense Facility (NBAF) under 

17 construction as of the date of the enactment of this sub18 section, which is intended to the replace the Plum Island 

19 Animal Disease Center shall be subject to the require20 ments of this section in the same manner and to the same 

21 extent as the Plum Island Animal Disease Center under 

22 this section.’’; 

23 (9) in section 311 (6 U.S.C. 191)— 

24 (A) in subsection (b)— 

25 (i) in paragraph (1)— 


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1 (I) by striking ‘‘20 members’’ 

2 and inserting ‘‘not fewer than 15 and 

3 not more than 30’’; and 

4 (II) by inserting ‘‘academia, na5 tional labs, private industry, and’’ 

6 after ‘‘representatives of’’; 

7 (ii) by redesignating paragraph (2) as 

8 paragraph (3); and 

9 (iii) by inserting after paragraph (1) 

10 the following new paragraph: 

11 ‘‘(2) SUBCOMMITTEES.—The Advisory Com12 mittee may establish subcommittees that focus on 

13 research and development challenges, as appro14 priate.’’; 

15 (B) in subsection (c)— 

16 (i) in paragraph (1), by inserting ‘‘on 

17 a rotating basis’’ before the period at the 

18 end; 

19 (ii) by striking paragraph (2) and re20 designating paragraph (3) as paragraph 

21 (2); and 

22 (iii) in paragraph (2), as so redesig23 nated, by striking ‘‘be appointed’’ and in24 serting ‘‘serve’’; 


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1 (C) in subsection (e), in the second sen2 tence, by striking ‘‘the call of’’; 

3 (D) in subsection (h)— 

4 (i) in paragraph (1)— 

5 (I) in the first sentence— 

6 (aa) by striking ‘‘render’’ 

7 and inserting ‘‘submit’’; and 

8 (bb) by striking ‘‘Congress’’ 

9 and inserting ‘‘the appropriate 

10 congressional committees’’; and 

11 (II) in the second sentence, by 

12 inserting ‘‘, and incorporate the find13 ings and recommendations of the Ad14 visory Committee subcommittees,’’ be15 fore ‘‘during’’; and 

16 (ii) in paragraph (2)— 

17 (I) striking ‘‘render’’ and insert18 ing ‘‘submit’’; and 

19 (II) by striking ‘‘Congress’’ and 

20 inserting ‘‘the Committee on Home21 land Security and the Committee on 

22 Science, Space, and Technology of the 

23 House of Representatives and the 

24 Committee on Homeland Security and 

25 Governmental Affairs of the Senate’’; 


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1 (E) in subsection (i), by inserting ‘‘, except 

2 that the Advisory Committee shall file a charter 

3 with Congress every 2 years in accordance with 

4 subsection (b)(2) of such section (14)’’; 

5 (F) in subsection (j), by striking ‘‘2008’’ 

6 and inserting ‘‘2020’’; 

7 (10) in section 313 (6 U.S.C. 193)— 

8 (A) by redesignating subsection (c) as sub9 section (d); and 

10 (B) by inserting after subsection (b) the 

11 following new subsection: 

12 ‘‘(c) APPLICATION OF PROGRAM.—The Secretary, 

13 acting through the Under Secretary for Science and Tech14 nology, shall use the program established under subsection 

15 (a) to— 

16 ‘‘(1) enhance the cooperation between compo17 nents and offices of the Department on projects that 

18 have similar goals, timelines, or outcomes; 

19 ‘‘(2) ensure the coordination of technologies to 

20 eliminate unnecessary duplication of research and 

21 development; 

22 ‘‘(3) ensure technologies are accessible for com23 ponent and office use on a Department website; and 

24 ‘‘(4) carry out any additional purpose the Sec25 retary determines necessary.’’; and 


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1 (11) by adding after section 317 (6 U.S.C. 

2 195c) the following new sections: 

3 ‘‘SEC. 318. IDENTIFICATION AND PRIORITIZATION OF RE4 SEARCH AND DEVELOPMENT. 

5 ‘‘(a) IN GENERAL.—Not later than 180 days after 

6 the date of the enactment of this section, the Under Sec7 retary for Science and Technology shall establish a process 

8 to define, identify, prioritize, fund, and task the basic and 

9 applied homeland security research and development ac10 tivities of the Directorate of Science and Technology to 

11 meet the needs of the components and offices of the De12 partment, the first responder community, and the Home13 land Security Enterprise (as such term is defined in sec14 tion 322). 

15 ‘‘(b) PROCESS.—The process established under sub16 section (a) shall— 

17 ‘‘(1) be responsive to near-, mid-, and long-term 

18 needs, including unanticipated needs to address 

19 emerging terrorist threats; 

20 ‘‘(2) utilize gap analysis and risk assessment 

21 tools where available and applicable; 

22 ‘‘(3) include protocols to assess— 

23 ‘‘(A) off-the-shelf technology to determine 

24 if an identified homeland security capability gap 

25 or threat to the homeland can be addressed 


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1 through the acquisition process instead of com2 mencing research and development of tech3 nology to address such capability gap or threat; 

4 and 

5 ‘‘(B) communication and collaboration for 

6 research and development activities pursued by 

7 other executive agencies, to determine if tech8 nology can be leveraged to identify and address 

9 homeland security capability gaps or threats to 

10 the homeland and avoid unnecessary duplication 

11 of efforts; 

12 ‘‘(4) provide for documented and validated re13 search and development requirements; 

14 ‘‘(5) strengthen first responder participation to 

15 identify and prioritize homeland security techno16 logical gaps, including by— 

17 ‘‘(A) soliciting feedback from appropriate 

18 national associations and advisory groups rep19 resenting the first responder community and 

20 first responders within the components and of21 fices of the Department; and 

22 ‘‘(B) establishing and promoting a publicly 

23 accessible portal to allow the first responder 

24 community to help the Directorate of Science 


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1 and Technology develop homeland security re2 search and development goals; 

3 ‘‘(6) institute a mechanism to publicize the De4 partment’s homeland security technology priorities 

5 for the purpose of informing Federal, State, and 

6 local governments, first responders, and the private 

7 sector; 

8 ‘‘(7) establish considerations to be used by the 

9 Directorate in selecting appropriate research enti10 ties, including the national laboratories, federally 

11 funded research and development centers, university12 based centers, and the private sector, to carry out 

13 research and development requirements; 

14 ‘‘(8) incorporate feedback derived as a result of 

15 the mechanism established in section 323, ensuring 

16 the Directorate is utilizing regular communication 

17 with components and offices of the Department; and 

18 ‘‘(9) include any other criteria or measures the 

19 Under Secretary for Science and Technology con20 siders necessary for the identification and 

21 prioritization of research requirements. 

22 ‘‘SEC. 319. DEVELOPMENT OF DIRECTORATE STRATEGY 

23 AND RESEARCH AND DEVELOPMENT PLAN. 

24 ‘‘(a) STRATEGY.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this section, the Under 

3 Secretary for Science and Technology shall develop 

4 and submit to the Committee on Homeland Security 

5 and the Committee on Science, Space, and Tech6 nology of the House of Representatives and the 

7 Committee on Homeland Security and Governmental 

8 Affairs of the Senate a strategy to guide the activi9 ties of the Directorate of Science and Technology. 

10 Such strategy shall be updated at least once every 

11 5 years and shall identify priorities and objectives 

12 for the development of science and technology solu13 tions and capabilities addressing homeland security 

14 operational needs. Such strategy shall include the 

15 coordination of such priorities and activities within 

16 the Department. Such strategy shall take into ac17 count the priorities and needs of stakeholders in the 

18 Homeland Security Enterprise (as such term is de19 fined in section 322). In developing such strategy, 

20 efforts shall be made to support collaboration and 

21 avoid unnecessary duplication across the Federal 

22 Government. Such strategy shall be risk-based and 

23 aligned with other strategic guidance provided by— 

24 ‘‘(A) the National Strategy for Homeland 

25 Security; 


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1 ‘‘(B) the Quadrennial Homeland Security 

2 Review; and 

3 ‘‘(C) any other relevant strategic planning 

4 documents, as determined by the Under Sec5 retary. 

6 ‘‘(2) CONTENTS.—The strategy required under 

7 paragraph (1) shall be prepared in accordance with 

8 applicable Federal requirements and guidelines, and 

9 shall include the following: 

10 ‘‘(A) An identification of the long-term 

11 strategic goals, objectives, and metrics of the 

12 Directorate, including those to address terrorist 

13 threats. 

14 ‘‘(B) A technology transition strategy for 

15 the programs of the Directorate. 

16 ‘‘(C) Short- and long-term strategic goals, 

17 and objectives for increasing the number of des18 ignations and certificates issued under subtitle 

19 G of title VIII, including cybersecurity tech20 nologies that could significantly reduce, or miti21 gate the effects of, cybersecurity risks (as such 

22 term is defined in subsection (a)(1) of the sec23 ond section 226, relating to the national cyber24 security and communications integration cen25 ter), without compromising the quality of the 


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1 evaluation of applications for such designations 

2 and certificates. 

3 ‘‘(b) FIVE-YEAR RESEARCH AND DEVELOPMENT

4 PLAN.— 

5 ‘‘(1) IN GENERAL.—The Under Secretary for 

6 Science and Technology shall develop, and update at 

7 least once every 5 years, a 5-year research and de8 velopment plan for the activities of the Directorate 

9 of Science and Technology. The Under Secretary 

10 shall develop the first such plan by the date that is 

11 not later than 1 year after the date of the enactment 

12 of this section. 

13 ‘‘(2) CONTENTS.—Each 5-year research and de14 velopment plan developed and revised under sub15 section (a) shall— 

16 ‘‘(A) define the Directorate of Science and 

17 Technology’s research, development, testing, 

18 and evaluation activities, priorities, performance 

19 metrics, and key milestones and deliverables 

20 for, as the case may be, the 5-fiscal-year period 

21 from 2016 through 2020, and for each 5-fiscal22 year period thereafter; 

23 ‘‘(B) describe, for the activities of the 

24 strategy developed under subsection (a), the 

25 planned annual funding levels for the period 


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1 covered by each such 5-year research and devel2 opment plan; 

3 ‘‘(C) indicate joint investments with other 

4 Federal partners where applicable, and en5 hanced coordination, as appropriate, with orga6 nizations as specified in paragraph (19) of sec7 tion 302; 

8 ‘‘(D) analyze how the research programs of 

9 the Directorate support achievement of the 

10 strategic goals and objectives identified in the 

11 strategy required under subsection (a); 

12 ‘‘(E) describe how the activities and pro13 grams of the Directorate meet the requirements 

14 or homeland security capability gaps or threats 

15 to the homeland identified by customers within 

16 and outside of the Department, including the 

17 first responder community; and 

18 ‘‘(F) describe the policies of the Direc19 torate regarding the management, organization, 

20 and personnel of the Directorate. 

21 ‘‘(3) SCOPE.—The Under Secretary for Science 

22 and Technology shall ensure that each 5-year re23 search and development plan developed and revised 

24 under subsection (a)— 


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1 ‘‘(A) reflects input from a wide range of 

2 stakeholders; and 

3 ‘‘(B) takes into account how research and 

4 development by other Federal, State, private 

5 sector, and nonprofit institutions contributes to 

6 the achievement of the priorities identified in 

7 each plan, and avoids unnecessary duplication 

8 with such efforts. 

9 ‘‘(4) REPORTS.—The Under Secretary for 

10 Science and Technology shall submit to the Com11 mittee on Homeland Security and the Committee on 

12 Science, Space, and Technology of the House of 

13 Representatives and the Committee on Homeland 

14 Security and Governmental Affairs of the Senate an 

15 annual report for 7 years beginning not later than 

16 1 year after the date of the development of the ini17 tial 5-year research and development plan under 

18 paragraph (1) on the status and results to date of 

19 the implementation of such plan and the updates to 

20 such plan, including— 

21 ‘‘(A) a summary of the research and devel22 opment activities for the previous fiscal year in 

23 each mission area, including such activities to 

24 address homeland security risks, including 

25 threats, vulnerabilities, and consequences, and a 


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1 summary of the coordination activities under2 taken by the Directorate of Science and Tech3 nology for components and offices of the De4 partment, together with the results of the proc5 ess specified in paragraph (15) of section 302; 

6 ‘‘(B) clear links between the Directorate’s 

7 budget and each mission area or program, in8 cluding those mission areas or programs to ad9 dress homeland security risks, including 

10 threats, vulnerabilities, and consequences, speci11 fying which mission areas or programs fall 

12 under which budget lines, and clear links be13 tween Directorate coordination work and prior14 ities and annual expenditures for such work and 

15 priorities, including joint investments with other 

16 Federal partners, where applicable; 

17 ‘‘(C) an assessment of progress of the re18 search and development activities based on the 

19 performance metrics and milestones set forth in 

20 such plan; and 

21 ‘‘(D) any changes to such plan. 

22 ‘‘SEC. 320. MONITORING OF PROGRESS. 

23 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

24 and Technology shall establish and utilize a system to 

25 track the progress of the research, development, testing, 


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1 and evaluation activities undertaken by the Directorate of 

2 Science and Technology, and shall provide to the Com3 mittee on Homeland Security and the Committee on 

4 Science, Space, and Technology of the House of Rep5 resentatives and the Committee on Homeland Security 

6 and Governmental Affairs of the Senate and customers of 

7 such activities, at a minimum on a biannual basis, regular 

8 updates on such progress. 

9 ‘‘(b) REQUIREMENTS.—In order to provide the 

10 progress updates required under subsection (a), the Under 

11 Secretary for Science and Technology shall develop a sys12 tem that— 

13 ‘‘(1) monitors progress toward project mile14 stones identified by the Under Secretary; 

15 ‘‘(2) maps progress toward deliverables identi16 fied in each 5-year research and development plan 

17 required under section 319(b); 

18 ‘‘(3) generates up-to-date reports to customers 

19 that transparently disclose the status and progress 

20 of research, development, testing, and evaluation ef21 forts of the Directorate of Science and Technology; 

22 and 

23 ‘‘(4) allows the Under Secretary to report the 

24 number of products and services developed by the 

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1 tion programs and resulted in successfully fielded 

2 technologies. 

3 ‘‘(c) EVALUATION METHODS.— 

4 ‘‘(1) EXTERNAL INPUT, CONSULTATION, AND

5 REVIEW.—The Under Secretary for Science and 

6 Technology shall implement procedures to engage 

7 outside experts to assist in the evaluation of the 

8 progress of research, development, testing, and eval9 uation activities of the Directorate of Science and 

10 Technology, including through— 

11 ‘‘(A) consultation with experts, including 

12 scientists and practitioners, to gather inde13 pendent expert peer opinion and advice on a 

14 project or on specific issues or analyses con15 ducted by the Directorate; and 

16 ‘‘(B) periodic, independent, external review 

17 to assess the quality and relevance of the Direc18 torate’s programs and projects. 

19 ‘‘(2) COMPONENT FEEDBACK.—The Under Sec20 retary for Science and Technology shall establish a 

21 formal process to collect feedback from customers of 

22 the Directorate of Science and Technology on the 

23 performance of the Directorate that includes— 

24 ‘‘(A) appropriate methodologies through 

25 which the Directorate can assess the quality 


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1 and usefulness of technology and services deliv2 ered by the Directorate; 

3 ‘‘(B) development of metrics for measuring 

4 the usefulness of any technology or service pro5 vided by the Directorate; and 

6 ‘‘(C) standards for high-quality customer 

7 service. 

8 ‘‘SEC. 321. HOMELAND SECURITY SCIENCE AND TECH9 NOLOGY FELLOWS PROGRAM. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

11 through the Under Secretary for Science and Technology 

12 and the Under Secretary for Management, shall establish 

13 a fellows program, to be known as the Homeland Security 

14 Science and Technology Fellows Program (in this section 

15 referred to as the ‘Program’), under which the Under Sec16 retary for Science and Technology, in coordination with 

17 the Office of University Programs of the Department, 

18 shall facilitate the placement of fellows in relevant sci19 entific or technological fields for up to 2 years in compo20 nents and offices of the Department with a need for sci21 entific and technological expertise. 

22 ‘‘(b) UTILIZATION OF FELLOWS.— 

23 ‘‘(1) IN GENERAL.—Under the Program, the 

24 Department may employ fellows— 


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1 ‘‘(A) for the use of the Directorate of 

2 Science and Technology; or 

3 ‘‘(B) for the use of a component or office 

4 of the Department outside the Directorate, 

5 under a memorandum of agreement with the 

6 head of such a component or office under which 

7 such component or office will reimburse the Di8 rectorate for the costs of such employment. 

9 ‘‘(2) RESPONSIBILITIES.—Under an agreement 

10 referred to in subparagraph (B) of paragraph (1)— 

11 ‘‘(A) the Under Secretary for Science and 

12 Technology and the Under Secretary for Man13 agement shall— 

14 ‘‘(i) solicit and accept applications 

15 from individuals who are currently enrolled 

16 in or who are graduates of postgraduate 

17 programs in scientific and engineering 

18 fields related to the promotion of securing 

19 the homeland or critical infrastructure sec20 tors; 

21 ‘‘(ii) screen applicants and interview 

22 them as appropriate to ensure that such 

23 applicants possess the appropriate level of 

24 scientific and engineering expertise and 

25 qualifications; 


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1 ‘‘(iii) provide a list of qualified appli2 cants to the heads of components and of3 fices of the Department seeking to utilize 

4 qualified fellows; 

5 ‘‘(iv) subject to the availability of ap6 propriations, pay financial compensation to 

7 such fellows; 

8 ‘‘(v) coordinate with the Chief Secu9 rity Officer to facilitate and expedite provi10 sion of security and suitability clearances 

11 to such fellows, as appropriate; and 

12 ‘‘(vi) otherwise administer all aspects 

13 of the employment of such fellows with the 

14 Department; and 

15 ‘‘(B) the head of the component or office 

16 of the Department utilizing a fellow shall— 

17 ‘‘(i) select such fellow from the list of 

18 qualified applicants provided by the Under 

19 Secretary; 

20 ‘‘(ii) reimburse the Under Secretary 

21 for the costs of employing such fellow, in22 cluding administrative costs; and 

23 ‘‘(iii) be responsible for the day-to-day 

24 management of such fellow. 


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1 ‘‘(c) APPLICATIONS FROM NONPROFIT ORGANIZA2 TIONS.—The Under Secretary for Science and Technology 

3 may accept an application under subsection (b)(2)(A) that 

4 is submitted by a nonprofit organization on behalf of indi5 viduals whom such nonprofit organization has determined 

6 may be qualified applicants under the Program. 

7 ‘‘SEC. 322. CYBERSECURITY RESEARCH AND DEVELOP8 MENT. 

9 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

10 and Technology shall support research, development, test11 ing, evaluation, and transition of cybersecurity technology, 

12 including fundamental research to improve the sharing of 

13 information, analytics, and methodologies related to cyber14 security risks and incidents, consistent with current law. 

15 ‘‘(b) ACTIVITIES.—The research and development 

16 supported under subsection (a) shall serve the components 

17 of the Department and shall— 

18 ‘‘(1) advance the development and accelerate 

19 the deployment of more secure information systems; 

20 ‘‘(2) improve and create technologies for detect21 ing attacks or intrusions, including real-time contin22 uous diagnostics and real-time analytic technologies; 

23 ‘‘(3) improve and create mitigation and recov24 ery methodologies, including techniques and policies 


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1 for real-time containment of attacks, and develop2 ment of resilient networks and information systems; 

3 ‘‘(4) support, in coordination with the private 

4 sector, the review of source code that underpins crit5 ical infrastructure information systems; 

6 ‘‘(5) develop and support infrastructure and 

7 tools to support cybersecurity research and develop8 ment efforts, including modeling, testbeds, and data 

9 sets for assessment of new cybersecurity tech10 nologies; 

11 ‘‘(6) assist the development and support of 

12 technologies to reduce vulnerabilities in industrial 

13 control systems; and 

14 ‘‘(7) develop and support cyber forensics and 

15 attack attribution. 

16 ‘‘(c) COORDINATION.—In carrying out this section, 

17 the Under Secretary for Science and Technology shall co18 ordinate activities with— 

19 ‘‘(1) the Under Secretary appointed pursuant to 

20 section 103(a)(1)(H); 

21 ‘‘(2) the heads of other relevant Federal depart22 ments and agencies, including the National Science 

23 Foundation, the Defense Advanced Research 

24 Projects Agency, the Information Assurance Direc25 torate of the National Security Agency, the National 


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1 Institute of Standards and Technology, the Depart2 ment of Commerce, the Networking and Information 

3 Technology Research and Development Program Of4 fice, Sector Specific Agencies for critical infrastruc5 ture, and other appropriate working groups estab6 lished by the President to identify unmet needs and 

7 cooperatively support activities, as appropriate; and 

8 ‘‘(3) industry and academia. 

9 ‘‘(d) TRANSITION TO PRACTICE.—The Under Sec10 retary for Science and Technology shall support projects 

11 through the full life cycle of such projects, including re12 search, development, testing, evaluation, pilots, and tran13 sitions. The Under Secretary shall identify mature tech14 nologies that address existing or imminent cybersecurity 

15 gaps in public or private information systems and net16 works of information systems, identify and support nec17 essary improvements identified during pilot programs and 

18 testing and evaluation activities, and introduce new cyber19 security technologies throughout the Homeland Security 

20 Enterprise through partnerships and commercialization. 

21 The Under Secretary shall target federally funded cyberse22 curity research that demonstrates a high probability of 

23 successful transition to the commercial market within 2 

24 years and that is expected to have notable impact on the 


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1 cybersecurity of the information systems or networks of 

2 information systems of the United States. 

3 ‘‘(e) DEFINITIONS.—In this section: 

4 ‘‘(1) CYBERSECURITY RISK.—The term ‘cyber5 security risk’ has the meaning given such term in 

6 the second section 226, relating to the national cy7 bersecurity and communications integration center. 

8 ‘‘(2) HOMELAND SECURITY ENTERPRISE.—The 

9 term ‘Homeland Security Enterprise’ means relevant 

10 governmental and nongovernmental entities involved 

11 in homeland security, including Federal, State, local, 

12 and tribal government officials, private sector rep13 resentatives, academics, and other policy experts. 

14 ‘‘(3) INCIDENT.—The term ‘incident’ has the 

15 meaning given such term in the second section 226, 

16 relating to the national cybersecurity and commu17 nications integration center. 

18 ‘‘(4) INFORMATION SYSTEM.—The term ‘infor19 mation system’ has the meaning given that term in 

20 section 3502(8) of title 44, United States Code. 

21 ‘‘SEC. 323. INTEGRATED PRODUCT TEAMS. 

22 ‘‘(a) IN GENERAL.—The Secretary shall establish in23 tegrated product teams to serve as a central mechanism 

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1 sions. Each team shall be managed by the Under Sec2 retary for Science and Technology and the relevant senior 

3 leadership of operational components, and shall be respon4 sible for the following: 

5 ‘‘(1) Identifying and prioritizing homeland secu6 rity capability gaps or threats to the homeland with7 in a specific mission area and technological solutions 

8 to address such gaps. 

9 ‘‘(2) Identifying ongoing departmental research 

10 and development activities and component acquisi11 tions of technologies that are outside of depart12 mental research and development activities to ad13 dress a specific mission area. 

14 ‘‘(3) Assessing the appropriateness of a tech15 nology to address a specific mission area. 

16 ‘‘(4) Identifying unnecessary redundancy in de17 partmental research and development activities with18 in a specific mission area. 

19 ‘‘(5) Informing the Secretary and the annual 

20 budget process regarding whether certain techno21 logical solutions are able to address homeland secu22 rity capability gaps or threats to the homeland with23 in a specific mission area. 

24 ‘‘(b) CONGRESSIONAL OVERSIGHT.—Not later than 2 

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1 retary shall provide to the Committee on Homeland Secu2 rity and the Committee on Science, Space, and Technology 

3 of the House of Representatives and the Committee on 

4 Homeland Security and Governmental Affairs of the Sen5 ate information on the impact and effectiveness of the 

6 mechanism described in subsection (a) on research and de7 velopment efforts, component relationships, and how the 

8 process has informed the research and development budget 

9 and enhanced decision making, including acquisition deci10 sion making, at the Department. The Secretary shall seek 

11 feedback from the Under Secretary for Science and Tech12 nology, Under Secretary for Management, and the senior 

13 leadership of operational components regarding the impact 

14 and effectiveness of such mechanism and include such 

15 feedback in the information provided under this sub16 section. 

17 ‘‘SEC. 324. HOMELAND SECURITY-STEM SUMMER INTERN18 SHIP PROGRAM. 

19 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

20 and Technology shall establish a Homeland Security21 STEM internship program (in this section referred to as 

22 the ‘program’) to carry out the objectives of this subtitle. 

23 ‘‘(b) PROGRAM.—The program shall provide students 

24 with exposure to Department mission-relevant research 

25 areas, including threats to the homeland, to encourage 


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1 such students to pursue STEM careers in homeland secu2 rity related fields. Internships offered under the program 

3 shall be for up to 10 weeks during the summer. 

4 ‘‘(c) ELIGIBILITY.—The Under Secretary for Science 

5 and Technology shall develop criteria for participation in 

6 the program, including the following: 

7 ‘‘(1) At the time of application, an intern 

8 shall— 

9 ‘‘(A) have successfully completed not less 

10 than 1 academic year of study at an institution 

11 of higher education in a STEM field; 

12 ‘‘(B) be enrolled in a course of study in a 

13 STEM field at an institution of higher edu14 cation; and 

15 ‘‘(C) plan to continue such course of study 

16 or pursue an additional course of study in a 

17 STEM field at an institution of higher edu18 cation in the academic year following the in19 ternship. 

20 ‘‘(2) An intern shall be pursuing career goals 

21 aligned with the Department’s mission, goals, and 

22 objectives. 

23 ‘‘(3) Any other criteria the Under Secretary de24 termines appropriate. 


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1 ‘‘(d) COOPERATION.—The program shall be adminis2 tered in cooperation with the university-based centers for 

3 homeland security under section 308. Interns in the pro4 gram shall be provided hands-on research experience and 

5 enrichment activities focused on Department research 

6 areas. 

7 ‘‘(e) ACADEMIC REQUIREMENTS; OPERATION.—The 

8 Under Secretary for Science and Technology shall deter9 mine the academic requirements, other selection criteria, 

10 and standards for successful completion of each internship 

11 period in the program. The Under Secretary shall be re12 sponsible for the design, implementation, and operation of 

13 the program. 

14 ‘‘(f) RESEARCH MENTORS.—The Under Secretary 

15 for Science and Technology shall ensure that each intern 

16 in the program is assigned a research mentor to act as 

17 counselor and advisor and provide career-focused advice. 

18 ‘‘(g) OUTREACH TO CERTAIN UNDER-REPRESENTED

19 STUDENTS.—The Under Secretary for Science and Tech20 nology shall conduct outreach to students who are mem21 bers of groups under-represented in STEM careers to en22 courage their participation in the program. 

23 ‘‘(h) INSTITUTION OF HIGHER EDUCATION DE24 FINED.—In this section, the term ‘institution of higher 

25 education’ has the meaning given the term in section 102 


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1 of the Higher Education Act of 1965 (20 U.S.C. 1002), 

2 except that the term does not include institutions de3 scribed in subparagraph (C) of such section 102(a)(1).’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 subsection (a) shall take effect on the date that is 30 days 

6 after the date of the enactment of this section. 

7 (c) CLERICAL AMENDMENT.—The table of contents 

8 in section 1(b) of the Homeland Security Act of 2002 is 

9 amended by inserting after the item relating to section 

10 317 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.’’. 

11 (d) RESEARCH AND DEVELOPMENT PROJECTS.— 

12 Section 831 of the Homeland Security Act of 2002 (6 

13 U.S.C. 391) is amended— 

14 (1) in subsection (a)— 

15 (A) in the matter preceding paragraph (1), 

16 by striking ‘‘2015’’ and inserting ‘‘2020’’; 

17 (B) in paragraph (1), by striking the last 

18 sentence; and 

19 (C) by adding at the end the following new 

20 paragraph: 


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1 ‘‘(3) PRIOR APPROVAL.—In any case in which 

2 a component or office of the Department seeks to 

3 utilize the authority under this section, such office 

4 or component shall first receive prior approval from 

5 the Secretary by providing to the Secretary a pro6 posal that includes the rationale for the use of such 

7 authority, the funds to be spent on the use of such 

8 authority, and the expected outcome for each project 

9 that is the subject of the use of such authority. In 

10 such a case, the authority for evaluating the pro11 posal may not be delegated by the Secretary to any12 one other than the Under Secretary for Manage13 ment.’’; 

14 (2) in subsection (c)— 

15 (A) in paragraph (1), in the matter pre16 ceding subparagraph (A), by striking ‘‘2015’’ 

17 and inserting ‘‘2020’’; and 

18 (B) by amending paragraph (2) to read as 

19 follows: 

20 ‘‘(2) REPORT.—The Secretary shall annually 

21 submit to the Committee on Homeland Security and 

22 the Committee on Science, Space, and Technology of 

23 the House of Representatives and the Committee on 

24 Homeland Security and Governmental Affairs of the 

25 Senate a report detailing the projects for which the 


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1 authority granted by subsection (a) was used, the 

2 rationale for such use, the funds spent using such 

3 authority, the extent of cost-sharing for such 

4 projects among Federal and non-Federal sources, 

5 the extent to which use of such authority has ad6 dressed a homeland security capability gap or threat 

7 to the homeland identified by the Department, the 

8 total amount of payments, if any, that were received 

9 by the Federal Government as a result of the use of 

10 such authority during the period covered by each 

11 such report, the outcome of each project for which 

12 such authority was used, and the results of any au13 dits of such projects.’’; and 

14 (3) by adding at the end the following new sub15 sections: 

16 ‘‘(e) TRAINING.—The Secretary shall develop a train17 ing program for acquisitions staff in the use of other 

18 transaction authority to help ensure the appropriate use 

19 of such authority. 

20 ‘‘(f) OTHER TRANSACTION AUTHORITY DEFINED.— 

21 In this section, the term ‘other transaction authority’ 

22 means authority under subsection (a).’’. 

23 (e) AMENDMENT TO DEFINITION.—Paragraph (2) of 

24 subsection (a) of the second section 226 of the Homeland 

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1 tional cybersecurity and communications integration cen2 ter) is amended to read as follows: 

3 ‘‘(2) INCIDENT.—The term ‘incident’ means an 

4 occurrence that actually or imminently jeopardizes, 

5 without lawful authority, the integrity, confiden6 tiality, or availability of information on an informa7 tion system, or actually or imminently jeopardizes, 

8 without lawful authority, an information system.’’. 

9 (f) GAO STUDY OF UNIVERSITY-BASED CENTERS.— 

10 (1) IN GENERAL.—Not later than 120 days 

11 after the date of the enactment of this Act, the 

12 Comptroller General of the United States shall ini13 tiate a study to assess the university-based centers 

14 for homeland security program authorized by section 

15 308(b)(2) of the Homeland Security Act of 2002 (6 

16 U.S.C. 188(b)(2)), and provide recommendations to 

17 the Committee on Homeland Security and the Com18 mittee on Science, Space, and Technology of the 

19 House of Representatives and the Committee on 

20 Homeland Security and Governmental Affairs of the 

21 Senate for appropriate improvements. 

22 (2) SUBJECT MATTERS.—The study required 

23 under subsection (a) shall include the following: 

24 (A) A review of the Department of Home25 land Security’s efforts to identify key areas of 


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1 study needed to support the homeland security 

2 mission, and criteria that the Department uti3 lized to determine those key areas for which the 

4 Department should maintain, establish, or 

5 eliminate university-based centers. 

6 (B) A review of the method by which uni7 versity-based centers, federally funded research 

8 and development centers, and Department of 

9 Energy national laboratories receive tasking 

10 from the Department of Homeland Security, in11 cluding a review of how university-based re12 search is identified, prioritized, and funded. 

13 (C) A review of selection criteria for desig14 nating university-based centers and a weighting 

15 of such criteria. 

16 (D) An examination of best practices from 

17 other agencies’ efforts to organize and use uni18 versity-based research to support their missions. 

19 (E) A review of the Department of Home20 land Security’s criteria and metrics to measure 

21 demonstrable progress achieved by university22 based centers in fulfilling Department taskings, 

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1 versity-based centers within the Department 

2 and to other Federal, State, and local agencies. 

3 (F) An examination of the means by which 

4 academic institutions that are not designated or 

5 associated with the designated university-based 

6 centers can optimally contribute to the research 

7 mission of the Directorate of Science and Tech8 nology of the Department of Homeland Secu9 rity. 

10 (G) An assessment of the interrelationship 

11 between the different university-based centers 

12 and the degree to which outreach and collabora13 tion among a diverse array of academic institu14 tions is encouraged by the Department of 

15 Homeland Security, particularly with histori16 cally Black colleges and universities and minor17 ity-serving institutions. 

18 (H) A review of any other essential ele19 ments of the programs determined in the con20 duct of the study. 

21 (g) PRIZE AUTHORITY.—The Under Secretary for 

22 Science and Technology of the Department of Homeland 

23 Security shall utilize, as appropriate, prize authority 

24 granted pursuant to current law. 


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1 (h) PROHIBITION ON NEW FUNDING.—No funds are 

2 authorized to be appropriated to carry out this section and 

3 the amendments made by this section. Such section and 

4 amendments shall be carried out using amounts otherwise 

5 appropriated or made available for such purposes. 

Passed the House of Representatives December 10, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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