I 

114TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2015 

Mr. RATCLIFFE (for himself and Mr. RICHMOND) introduced the following bill; 

which was referred to the Committee on Homeland Security 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Technology Reform and Improvement Act of 2015’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 3578 IH

1 SEC. 2. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOME2 LAND SECURITY. 

3 (a) IN GENERAL.—Title III of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended— 

5 (1) in section 301— 

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

7 following new subsection: 

8 ‘‘(a) IN GENERAL.—There’’; and 

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

10 subsection: 

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

12 Technology shall be the primary research, development, 

13 testing, and evaluation arm of the Department, respon14 sible for coordinating the research, development, testing, 

15 and evaluation of the Department to strengthen the secu16 rity and resiliency of the United States. The Directorate 

17 shall— 

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

19 and innovative solutions that are responsive to 

20 homeland security capability gaps identified by com21 ponents and offices of the Department, the first re22 sponder community, and the Homeland Security En23 terprise (as such term is defined in section 322) and 

24 that can be integrated into operations of the Depart25 ment; 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 3578 IH

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

2 complex homeland security problems; and 

3 ‘‘(3) build partnerships and leverage technology 

4 solutions developed by other Federal agencies and 

5 laboratories, State, local, and tribal governments, 

6 universities, and the private sector.’’; 

7 (2) in section 302— 

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

9 by striking ‘‘The Secretary’’ and inserting the 

10 following new subsection: 

11 ‘‘(a) IN GENERAL.—The Secretary’’; 

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

13 subparagraph (A) of this paragraph— 

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

15 ‘‘and serving as the senior scientific advi16 sor to the Secretary’’ before the semicolon 

17 at the end; 

18 (ii) in paragraph (2)— 

19 (I) by striking ‘‘national’’; 

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

21 inserting ‘‘biological,’’; and 

22 (III) by inserting ‘‘that may 

23 serve as a basis of a national strat24 egy’’ after ‘‘terrorist threats’’; 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 3578 IH

1 (iii) in paragraph (3), by striking ‘‘the 

2 Under Secretary for Intelligence and Anal3 ysis and the Assistant Secretary for Infra4 structure Protection’’ and inserting ‘‘com5 ponents and offices of the Department’’; 

6 (iv) in paragraph (4), by striking ‘‘ex7 cept that such responsibility does not ex8 tend to human health-related research and 

9 development activities’’ and inserting the 

10 following: ‘‘including coordinating with rel11 evant components and offices of the De12 partment appropriate to— 

13 ‘‘(A) identify and prioritize technical capa14 bility requirements and create solutions that in15 clude researchers and operational end users, 

16 and 

17 ‘‘(B) develop capabilities to address issues 

18 on research, development, testing, evaluation, 

19 technology, and standards for the first re20 sponder community, 

21 except that such responsibility does not extend to 

22 the human health-related research and development 

23 activities;’’; 

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

25 ‘‘biological,,’’ and inserting ‘‘biological,’’; 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 3578 IH

1 (vi) by amending paragraph (12) to 

2 read as follows: 

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

4 development, demonstration, testing, and evaluation 

5 activities of the Department, including through a 

6 centralized Federal clearinghouse established pursu7 ant to paragraph (1) of section 313(b), and pro8 viding advice, as necessary, regarding major acquisi9 tion programs;’’; 

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

11 ‘‘and’’ at the end; 

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

13 the period at the end and inserting a semi14 colon; and 

15 (ix) by adding at the end the following 

16 new paragraphs: 

17 ‘‘(15) establishing a process that— 

18 ‘‘(A) includes consideration by Directorate 

19 leadership, senior component leadership, first 

20 responders, and outside expertise; 

21 ‘‘(B) is strategic, transparent, and repeat22 able with a goal of continuous improvement; 

23 ‘‘(C) through which research and develop24 ment projects undertaken by the Directorate 

25 are assessed on a regular basis; and 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 3578 IH

1 ‘‘(D) includes consideration of metrics to 

2 ensure research and development projects meet 

3 Directorate and Department goals and inform 

4 departmental budget and program planning; 

5 ‘‘(16) developing and overseeing the administra6 tion of guidelines for periodic external review of de7 partmental research and development programs or 

8 activities, including through— 

9 ‘‘(A) consultation with experts, including 

10 scientists and practitioners, regarding the re11 search and development activities conducted by 

12 the Directorate of Science and Technology; and 

13 ‘‘(B) biennial independent, external re14 view— 

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

16 ‘‘(ii) when divisions conduct multiple 

17 programs focused on significantly different 

18 subjects, at the program level; 

19 ‘‘(17) partnering with components and offices 

20 of the Department to develop and deliver knowledge, 

21 analyses, and innovative solutions that are respon22 sive to identified homeland security capability gaps 

23 and raise the science-based, analytic capability and 

24 capacity of appropriate individuals throughout the 

25 Department by providing guidance on how to better 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 3578 IH

1 identify homeland security capability gaps that may 

2 be addressed through a technological solution and by 

3 partnering with such components and offices to— 

4 ‘‘(A) support technological assessments of 

5 major acquisition programs throughout the ac6 quisition lifecycle; 

7 ‘‘(B) help define appropriate technological 

8 requirements and perform feasibility analysis; 

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

10 technologies against capability gaps; 

11 ‘‘(D) support evaluation of alternatives; 

12 ‘‘(E) improve the use of technology De13 partment-wide; and 

14 ‘‘(F) provide technical assistance in the de15 velopment of acquisition lifecycle cost for tech16 nologies; and 

17 ‘‘(18) identifying technologies that address an 

18 existing or imminent homeland security capability 

19 gap within the Department, identifying and sup20 porting incremental improvements, and increasing 

21 the utilization of such technologies through partner22 ships and development efforts.’’; and 

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

24 subsections: 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 3578 IH

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

2 180 days after the date of the enactment of this sub3 section, the Under Secretary for Science and Technology 

4 shall submit to the appropriate congressional committees 

5 a report on the implementation of paragraphs (2) (includ6 ing how the policy and strategic plan under such para7 graph may serve as a basis for a national strategy referred 

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

9 of subsection (a).’’; 

10 (3) in section 303(1), by striking subparagraph 

11 (F); 

12 (4) in section 305— 

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

14 following new subsection: 

15 ‘‘(a) ESTABLISHMENT.—The’’; and 

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

17 subsection: 

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

19 review and revise, as appropriate, the policies of the De20 partment relating to personnel conflicts of interest to en21 sure that such policies specifically address employees of 

22 federally funded research and development centers estab23 lished pursuant to subsection (a) who are in a position 

24 to make or materially influence research findings or agen25 cy decision making.’’; 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•HR 3578 IH

1 (5) in section 306(c), by adding at the end the 

2 following new sentence: ‘‘If such regulations are 

3 issued, the Under Secretary shall report to the ap4 propriate congressional committees prior to such 

5 issuance.’’; 

6 (6) in section 308— 

7 (A) in subsection (b)(2)(B)— 

8 (i) in clause (iv), by striking ‘‘and nu9 clear countermeasures or detection’’ and 

10 inserting ‘‘nuclear, and explosives counter11 measures or detection’’; and 

12 (ii) by adding after clause (xiv) the 

13 following new clause: 

14 ‘‘(xv) Cybersecurity.’’; and 

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

16 subsection: 

17 ‘‘(d) TEST, EVALUATION, AND STANDARDS DIVI18 SION.— 

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

20 the Directorate of Science and Technology a Test, 

21 Evaluation, and Standards Division. 

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

23 Standards Division shall be headed by a Director of 

24 Test, Evaluation, and Standards, who shall be apVerDate Sep 11 2014 05:24 Sep 24, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.IH H3578

smartinez on DSK4TPTVN1PROD with BILLS
10 

•HR 3578 IH

1 pointed by the Secretary and report to the Under 

2 Secretary for Science and Technology. 

3 ‘‘(3) RESPONSIBILITIES, AUTHORITIES, AND

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

5 Standards— 

6 ‘‘(A) through the Under Secretary for 

7 Science and Technology, serve as an adviser to 

8 the Secretary and the Under Secretary of Man9 agement on all test and evaluation or standards 

10 activities in the Department; and 

11 ‘‘(B) shall— 

12 ‘‘(i) establish and update as necessary 

13 test and evaluation policies for the Depart14 ment, including policies to ensure that 

15 operational testing is done at facilities that 

16 already have relevant and appropriate safe17 ty and material certifications to the extent 

18 such facilities are available; 

19 ‘‘(ii) oversee and ensure that adequate 

20 test and evaluation activities are planned 

21 and conducted by or on behalf of compo22 nents and offices of the Department with 

23 respect to major acquisition programs of 

24 the Department, as designated by the Sec25 retary, based on risk, acquisition level, novVerDate Sep 11 2014 05:24 Sep 24, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.IH H3578

smartinez on DSK4TPTVN1PROD with BILLS
11 

•HR 3578 IH

1 elty, complexity, and size of any such ac2 quisition program, or as otherwise estab3 lished in statute; 

4 ‘‘(iii) review major acquisition pro5 gram test reports and test data to assess 

6 the adequacy of test and evaluation activi7 ties conducted by or on behalf of compo8 nents and offices of the Department, in9 cluding test and evaluation activities 

10 planned or conducted pursuant to clause 

11 (ii); and 

12 ‘‘(iv) review available test and evalua13 tion infrastructure to determine whether 

14 the Department has adequate resources to 

15 carry out its testing and evaluation respon16 sibilities, as established under this title. 

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

18 Standards Division is not required to carry out oper19 ational testing of major acquisition programs. 

20 ‘‘(5) EVALUATION OF DEPARTMENT OF DE21 FENSE TECHNOLOGIES.—The Director of Test, 

22 Evaluation, and Standards may evaluate tech23 nologies currently in use or being developed by the 

24 Department of Defense to assess whether such techVerDate Sep 11 2014 05:24 Sep 24, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.IH H3578

smartinez on DSK4TPTVN1PROD with BILLS
12 

•HR 3578 IH

1 nologies can be leveraged to address homeland secu2 rity capability gaps.’’; 

3 (7) in section 310, by adding at the end the fol4 lowing new subsection: 

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

6 to the Plum Island Animal Disease Center, including the 

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

8 construction as of the date of the enactment of this sub9 section, which is intended to the replace the Plum Island 

10 Animal Disease Center shall be subject to the require11 ments of this section in the same manner and to the same 

12 extent as the Plum Island Animal Disease Center under 

13 this section.’’; 

14 (8) in section 311— 

15 (A) in subsection (b)— 

16 (i) in paragraph (1)— 

17 (I) by striking ‘‘20 members’’ 

18 and inserting ‘‘not fewer than 15 and 

19 not more than 30’’; and 

20 (II) by inserting ‘‘academia, na21 tional labs, private industry, and’’ 

22 after ‘‘representatives of’’; 

23 (ii) by redesignating paragraph (2) as 

24 paragraph (3); and 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•HR 3578 IH

1 (iii) by inserting after paragraph (1) 

2 the following new paragraph: 

3 ‘‘(2) SUBCOMMITTEES.—The Advisory Com4 mittee may establish subcommittees that focus on 

5 research and development challenges, as appro6 priate.’’; 

7 (B) in subsection (c)— 

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

9 a rotating basis’’ before the period at the 

10 end; 

11 (ii) by striking paragraph (2) and re12 designating paragraph (3) as paragraph 

13 (2); and 

14 (iii) in paragraph (2), as so redesig15 nated, by striking ‘‘be appointed’’ and in16 serting ‘‘serve’’; 

17 (C) in subsection (e), in the second sen18 tence, by striking ‘‘the call of’’; 

19 (D) in subsection (h)— 

20 (i) in paragraph (1)— 

21 (I) in the first sentence— 

22 (aa) by striking ‘‘render’’ 

23 and inserting ‘‘submit’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•HR 3578 IH

1 (bb) by striking ‘‘Congress’’ 

2 and inserting ‘‘the appropriate 

3 congressional committees’’; and 

4 (II) in the second sentence, by 

5 inserting ‘‘, and incorporate the find6 ings and recommendations of the Ad7 visory Committee subcommittees,’’ be8 fore ‘‘during’’; and 

9 (ii) in paragraph (2)— 

10 (I) striking ‘‘render’’ and insert11 ing ‘‘submit’’; and 

12 (II) by striking ‘‘Congress’’ and 

13 inserting ‘‘the appropriate congres14 sional committees’’; 

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

16 that the Advisory Committee shall file a charter 

17 with Congress every two years in accordance 

18 with subsection (b)(2) of such section (14)’’; 

19 and 

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

21 and inserting ‘‘2020’’; and 

22 (9) by adding after section 317 the following 

23 new sections: 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•HR 3578 IH

1 ‘‘SEC. 318. IDENTIFICATION AND PRIORITIZATION OF RE2 SEARCH AND DEVELOPMENT. 

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

4 the date of the enactment of this section, the Under Sec5 retary for Science and Technology shall establish a process 

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

7 applied homeland security research and development ac8 tivities of the Directorate of Science and Technology. 

9 ‘‘(b) PROCESS.—The process established under sub10 section (a) shall— 

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

12 needs, including unanticipated needs to address 

13 emerging threats; 

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

15 tools where available and applicable; 

16 ‘‘(3) include protocols to assess— 

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

18 if an identified homeland security capability gap 

19 can be addressed through the acquisition proc20 ess instead of commencing research and devel21 opment of technology to address such capability 

22 gap; and 

23 ‘‘(B) communication and collaboration for 

24 research and development activities pursued by 

25 other executive agencies, to determine if tech26 nology can be leveraged to identify and address 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•HR 3578 IH

1 homeland security capability gaps and avoid un2 necessary duplication of efforts; 

3 ‘‘(4) provide for documented and validated re4 search and development requirements; 

5 ‘‘(5) strengthen first responder participation to 

6 identify and prioritize homeland security techno7 logical gaps, including by— 

8 ‘‘(A) soliciting feedback from appropriate 

9 national associations and advisory groups rep10 resenting the first responder community and 

11 first responders within the components of the 

12 Department; and 

13 ‘‘(B) establishing and promoting a publicly 

14 accessible portal to allow the first responder 

15 community to help the Directorate of Science 

16 and Technology develop homeland security re17 search and development goals; 

18 ‘‘(6) institute a mechanism to publicize the De19 partment’s homeland security technology priorities 

20 for the purpose of informing Federal, State, and 

21 local governments, first responders, and the private 

22 sector; 

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

24 Directorate in selecting appropriate research enti25 ties, including the national laboratories, federally 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•HR 3578 IH

1 funded research and development centers, university2 based centers, and the private sector, to carry out 

3 research and development requirements; and 

4 ‘‘(8) include any other criteria or measures the 

5 Under Secretary for Science and Technology con6 siders necessary for the identification and 

7 prioritization of research requirements. 

8 ‘‘SEC. 319. REPORTING REQUIREMENTS. 

9 ‘‘(a) STRATEGY.— 

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

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

12 Under Secretary for Science and Technology shall 

13 develop and submit to the appropriate congressional 

14 committees a strategy to guide the activities of the 

15 Directorate of Science and Technology. Such strat16 egy shall be updated at least once every five years 

17 and shall identify priorities and objectives for the de18 velopment of science and technology solutions and 

19 capabilities addressing homeland security operational 

20 needs. Such strategy shall take into account the pri21 orities and needs of stakeholders in the Homeland 

22 Security Enterprise (as such term is defined in sec23 tion 322). In developing such strategy, efforts shall 

24 be made to support collaboration and avoid unneces25 sary duplication across the Federal Government. 


smartinez on DSK4TPTVN1PROD with BILLS
18 

•HR 3578 IH

1 Such strategy shall be risk-based and aligned with 

2 other strategic guidance provided by— 

3 ‘‘(A) the National Strategy for Homeland 

4 Security; 

5 ‘‘(B) the Quadrennial Homeland Security 

6 Review; and 

7 ‘‘(C) any other relevant strategic planning 

8 documents, as determined by the Under Sec9 retary. 

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

11 paragraph (1) shall be prepared in accordance with 

12 applicable Federal requirements and guidelines, and 

13 shall include the following: 

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

15 strategic goals, objectives, and metrics of the 

16 Directorate. 

17 ‘‘(B) The role of risk analysis activities 

18 and programs of the Directorate. 

19 ‘‘(C) A technology transition strategy for 

20 the programs of the Directorate. 

21 ‘‘(D) Short- and long-term strategic goals, 

22 and objectives for increasing the number of des23 ignations and certificates issued under subtitle 

24 G of title VIII, including cybersecurity tech25 nologies that could significantly reduce, or mitiVerDate Sep 11 2014 05:24 Sep 24, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.IH H3578

smartinez on DSK4TPTVN1PROD with BILLS
19 

•HR 3578 IH

1 gate the effects of, cybersecurity risks (as such 

2 term is defined in subsection (a)(1) of the sec3 ond section 226, relating to the national cyber4 security and communications integration cen5 ter), without compromising the quality of the 

6 evaluation of applications for such designations 

7 and certificates. 

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

9 PLAN.— 

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

11 Science and Technology shall develop, and update at 

12 least once every five years, a five-year research and 

13 development plan for the activities of the Directorate 

14 of Science and Technology. The Under Secretary 

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

16 not later than one year after the date of the enact17 ment of this section. 

18 ‘‘(2) CONTENTS.—Each five-year research and 

19 development plan developed and revised under sub20 section (a) shall— 

21 ‘‘(A) define the Directorate’s research, de22 velopment, testing, and evaluation activities, 

23 priorities, performance metrics, and key mile24 stones and deliverables for, as the case may be, 

25 the five-fiscal-year period from 2016 through 


smartinez on DSK4TPTVN1PROD with BILLS
20 

•HR 3578 IH

1 2020, and for each five-fiscal-year period there2 after; 

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

4 strategy developed under subsection (a), the 

5 planned annual funding levels for the period 

6 covered by each such five-year research and de7 velopment plan; 

8 ‘‘(C) indicate joint investments with other 

9 Federal partners where applicable; 

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

11 the Directorate support achievement of the 

12 strategic goals and objectives identified in the 

13 strategy required under subsection (a); 

14 ‘‘(E) describe how the activities and pro15 grams of the Directorate meet the requirements 

16 or homeland security capability gaps identified 

17 by customers within and outside of the Depart18 ment, including the first responder community; 

19 and 

20 ‘‘(F) describe the policies of the Direc21 torate regarding the management, organization, 

22 and personnel of the Directorate. 

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

24 and Technology shall ensure that each five-year reVerDate Sep 11 2014 05:24 Sep 24, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.IH H3578

smartinez on DSK4TPTVN1PROD with BILLS
21 

•HR 3578 IH

1 search and development plan developed and revised 

2 under subsection (a)— 

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

4 stakeholders; and 

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

6 development by other Federal, State, private 

7 sector, and nonprofit institutions contributes to 

8 the achievement of the priorities identified in 

9 each plan, and avoids unnecessary duplication 

10 with such efforts. 

11 ‘‘(4) REPORTS.—At the time the President sub12 mits each annual budget request under section 

13 1105(a) of title 31, United States Code, the Under 

14 Secretary for Science and Technology shall submit 

15 to the appropriate congressional committees a report 

16 on the status and results to date of implementation 

17 of the current five-year research and development 

18 plan, including— 

19 ‘‘(A) a summary of the research and devel20 opment activities for the previous fiscal year in 

21 each topic area, together with the results of the 

22 process specified in paragraph (15) of section 

23 302; 

24 ‘‘(B) the annual expenditures in each topic 

25 area; 


smartinez on DSK4TPTVN1PROD with BILLS
22 

•HR 3578 IH

1 ‘‘(C) an assessment of progress of the re2 search and development activities based on the 

3 performance metrics and milestones set forth in 

4 such plan; and 

5 ‘‘(D) any changes to such plan. 

6 ‘‘SEC. 320. MONITORING OF PROGRESS. 

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

8 and Technology shall establish and utilize a system to 

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

10 and evaluation activities undertaken by the Directorate of 

11 Science and Technology, and shall provide to the appro12 priate congressional committees and customers of such ac13 tivities, at a minimum on a biannual basis, regular up14 dates on such progress. 

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

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

17 Secretary for Science and Technology shall develop a sys18 tem that— 

19 ‘‘(1) monitors progress toward project mile20 stones identified by the Under Secretary; 

21 ‘‘(2) maps progress toward deliverables identi22 fied in each five-year research and development plan 

23 required under section 319(b); 

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

25 that transparently disclose the status and progress 


smartinez on DSK4TPTVN1PROD with BILLS
23 

•HR 3578 IH

1 of research, development, testing, and evaluation ef2 forts of the Directorate of Science and Technology; 

3 and 

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

5 number of products and services developed by the 

6 Directorate that have been transitioned into acquisi7 tion programs and resulted in successfully fielded 

8 technologies. 

9 ‘‘(c) EVALUATION METHODS.— 

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

11 REVIEW.—The Under Secretary for Science and 

12 Technology shall implement procedures to engage 

13 outside experts to assist in the evaluation of the 

14 progress of research, development, testing, and eval15 uation activities of the Directorate of Science and 

16 Technology, including through— 

17 ‘‘(A) consultation with experts, including 

18 scientists and practitioners, to gather inde19 pendent expert peer opinion and advice on a 

20 project or on specific issues or analyses con21 ducted by the Directorate; and 

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

23 to assess the quality and relevance of the Direc24 torate’s programs and projects. 


smartinez on DSK4TPTVN1PROD with BILLS
24 

•HR 3578 IH

1 ‘‘(2) COMPONENT FEEDBACK.—The Under Sec2 retary for Science and Technology shall establish a 

3 formal process to collect feedback from customers of 

4 the Directorate of Science and Technology on the 

5 performance of the Directorate that includes— 

6 ‘‘(A) appropriate methodologies through 

7 which the Directorate can assess the quality 

8 and usefulness of technology and services deliv9 ered by the Directorate; 

10 ‘‘(B) development of metrics for measuring 

11 the usefulness of any technology or service pro12 vided by the Directorate; and 

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

14 service. 

15 ‘‘SEC. 321. HOMELAND SECURITY SCIENCE AND TECH16 NOLOGY FELLOWS PROGRAM. 

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

18 through the Under Secretary for Science and Technology 

19 and the Under Secretary for Management, shall establish 

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

21 Science and Technology Fellows Program (in this section 

22 referred to as the ‘Program’), under which the Under Sec23 retary for Science and Technology, in coordination with 

24 the Office of University Programs of the Department, 

25 shall facilitate the placement of fellows in relevant sciVerDate Sep 11 2014 05:24 Sep 24, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.IH H3578

smartinez on DSK4TPTVN1PROD with BILLS
25 

•HR 3578 IH

1 entific or technological fields for up to two years in compo2 nents and offices of the Department with a need for sci3 entific and technological expertise. 

4 ‘‘(b) UTILIZATION OF FELLOWS.— 

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

6 Department may employ fellows— 

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

8 Science and Technology; or 

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

10 of the Department outside the Directorate, 

11 under a memorandum of agreement with the 

12 head of such a component or office under which 

13 such component or office will reimburse the Di14 rectorate for the costs of such employment. 

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

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

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

18 Technology and the Under Secretary for Man19 agement shall— 

20 ‘‘(i) solicit and accept applications 

21 from individuals who are currently enrolled 

22 in or who are graduates of postgraduate 

23 programs in scientific and engineering 

24 fields related to the promotion of securing 

25 the homeland; 


smartinez on DSK4TPTVN1PROD with BILLS
26 

•HR 3578 IH

1 ‘‘(ii) screen applicants and interview 

2 them as appropriate to ensure that such 

3 applicants possess the appropriate level of 

4 scientific and engineering expertise and 

5 qualifications; 

6 ‘‘(iii) provide a list of qualified appli7 cants to the heads of components and of8 fices of the Department seeking to utilize 

9 qualified fellows; 

10 ‘‘(iv) subject to the availability of ap11 propriations, pay financial compensation to 

12 such fellows; 

13 ‘‘(v) coordinate with the Chief Secu14 rity Officer to facilitate and expedite provi15 sion of security and suitability clearances 

16 to such fellows, as appropriate; and 

17 ‘‘(vi) otherwise administer all aspects 

18 of the employment of such fellows with the 

19 Department; and 

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

21 of the Department utilizing a fellow shall— 

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

23 qualified applicants provided by the Under 

24 Secretary; 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•HR 3578 IH

1 ‘‘(ii) reimburse the Under Secretary 

2 for the costs of employing such fellow, in3 cluding administrative costs; and 

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

5 management of such fellow. 

6 ‘‘(c) APPLICATIONS FROM NONPROFIT ORGANIZA7 TIONS.—The Under Secretary for Science and Technology 

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

9 is submitted by a nonprofit organization on behalf of indi10 viduals whom such nonprofit organization has determined 

11 may be qualified applicants under the Program. 

12 ‘‘SEC. 322. CYBERSECURITY RESEARCH AND DEVELOP13 MENT. 

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

15 and Technology shall support research, development, test16 ing, evaluation, and transition of cybersecurity technology, 

17 including fundamental, long-term research to improve the 

18 sharing of information related to cybersecurity risks and 

19 incidents, consistent with current law. 

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

21 supported under subsection (a) shall serve the components 

22 of the Department and shall— 

23 ‘‘(1) advance the development and accelerate 

24 the deployment of more secure information systems; 


smartinez on DSK4TPTVN1PROD with BILLS
28 

•HR 3578 IH

1 ‘‘(2) improve and create technologies for detect2 ing attacks or intrusions, including real-time contin3 uous diagnostics and real-time analytic technologies; 

4 ‘‘(3) improve and create mitigation and recov5 ery methodologies, including techniques and policies 

6 for real-time containment of attacks, and develop7 ment of resilient networks and information systems; 

8 ‘‘(4) develop and support infrastructure and 

9 tools to support cybersecurity research and develop10 ment efforts, including modeling, testbeds, and data 

11 sets for assessment of new cybersecurity tech12 nologies; 

13 ‘‘(5) assist the development and support of 

14 technologies to reduce vulnerabilities in industrial 

15 control systems; and 

16 ‘‘(6) develop and support cyber forensics and 

17 attack attribution. 

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

19 the Under Secretary for Science and Technology shall co20 ordinate activities with— 

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

22 section 103(a)(1)(H); and 

23 ‘‘(2) the heads of other relevant Federal depart24 ments and agencies, including the National Science 

25 Foundation, the Defense Advanced Research 


smartinez on DSK4TPTVN1PROD with BILLS
29 

•HR 3578 IH

1 Projects Agency, the Information Assurance Direc2 torate of the National Security Agency, the National 

3 Institute of Standards and Technology, the Depart4 ment of Commerce, the Networking and Information 

5 Technology Research and Development Program Of6 fice, and other appropriate working groups estab7 lished by the President to identify unmet needs and 

8 cooperatively support activities, as appropriate. 

9 ‘‘(d) DEFINITIONS.—In this section: 

10 ‘‘(1) CYBERSECURITY RISK.—The term ‘cyber11 security risk’ has the meaning given such term in 

12 the second section 226, relating to the national cy13 bersecurity and communications integration center. 

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

15 term ‘Homeland Security Enterprise’ means relevant 

16 governmental and nongovernmental entities involved 

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

18 and tribal government officials, private sector rep19 resentatives, academics, and other policy experts. 

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

21 meaning given such term in the second section 226, 

22 relating to the national cybersecurity and commu23 nications integration center. 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•HR 3578 IH

1 ‘‘(4) INFORMATION SYSTEM.—The term ‘infor2 mation system’ has the meaning given that term in 

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

4 ‘‘SEC. 323. INTEGRATED PRODUCT TEAMS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall establish in6 tegrated product teams to serve as a central mechanism 

7 for the Department to identify, coordinate, and align re8 search and development efforts with departmental mis9 sions. Each team shall be managed by the Under Sec10 retary for Science and Technology and the relevant senior 

11 leadership of operational components, and shall be respon12 sible for the following: 

13 ‘‘(1) Identifying and prioritizing homeland secu14 rity capability gaps within a specific mission area 

15 and technological solutions to address such gaps. 

16 ‘‘(2) Identifying ongoing departmental research 

17 and development activities and component acquisi18 tions of technologies that are outside of depart19 mental research and development activities to ad20 dress a specific mission area. 

21 ‘‘(3) Assessing the appropriateness of a tech22 nology to address a specific mission area. 

23 ‘‘(4) Identifying unnecessary redundancy in de24 partmental research and development activities with25 in a specific mission area. 


smartinez on DSK4TPTVN1PROD with BILLS
31 

•HR 3578 IH

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

2 budget process regarding whether certain techno3 logical solutions are able to address homeland secu4 rity capability gaps within a specific mission area. 

5 ‘‘(b) CONGRESSIONAL OVERSIGHT.—Not later than 

6 two years after the date of enactment of this section, the 

7 Secretary shall provide to the appropriate congressional 

8 committees information on the impact and effectiveness 

9 of the mechanism described in subsection (a) on research 

10 and development efforts, component relationships, and 

11 how the process has informed the research and develop12 ment budget and enhanced decision making, including ac13 quisition decision making, at the Department. The Sec14 retary shall seek feedback from the Under Secretary for 

15 Science and Technology, Under Secretary for Manage16 ment, and the senior leadership of operational components 

17 regarding the impact and effectiveness of such mechanism 

18 and include such feedback in the information provided 

19 under this subsection.’’. 

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

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

22 after the date of the enactment of this section. 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
32 

•HR 3578 IH

1 amended by inserting after the item relating to section 

2 317 the following new items: 

‘‘Sec. 318. Identification and prioritization of research and development. 

‘‘Sec. 319. Reporting requirements. 

‘‘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.’’. 

3 (d) RESEARCH AND DEVELOPMENT PROJECTS.— 

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

5 U.S.C. 391) is amended— 

6 (1) in subsection (a)— 

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

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

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

10 sentence; and 

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

12 paragraph: 

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

14 a component or office of the Department seeks to 

15 utilize the authority under this section, such office 

16 or component shall first receive prior approval from 

17 the Secretary by providing to the Secretary a pro18 posal that includes the rationale for the use of such 

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

20 authority, and the expected outcome for each project 

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

22 such a case, the authority for evaluating the proVerDate Sep 11 2014 05:24 Sep 24, 2015 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3578.IH H3578

smartinez on DSK4TPTVN1PROD with BILLS
33 

•HR 3578 IH

1 posal may not be delegated by the Secretary to any2 one other than the Under Secretary for Manage3 ment.’’; 

4 (2) in subsection (c)— 

5 (A) in paragraph (1), in the matter pre6 ceding subparagraph (A), by striking ‘‘2015’’ 

7 and inserting ‘‘2020’’; and 

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

9 follows: 

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

11 submit to the appropriate congressional committees 

12 a report detailing the projects for which the author13 ity granted by subsection (a) was used, the rationale 

14 for such use, the funds spent using such authority, 

15 the extent of cost-sharing for such projects among 

16 Federal and non-Federal sources, the extent to 

17 which use of such authority has addressed a home18 land security capability gap identified by the Depart19 ment, the total amount of payments, if any, that 

20 were received by the Federal Government as a result 

21 of the use of such authority during the period cov22 ered by each such report, the outcome of each 

23 project for which such authority was used, and the 

24 results of any audits of such projects.’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
34 

•HR 3578 IH

1 (3) by adding at the end the following new sub2 sections: 

3 ‘‘(e) TRAINING.—The Secretary shall develop a train4 ing program for acquisitions staff in the use of other 

5 transaction authority to help ensure the appropriate use 

6 of such authority. 

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

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

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

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

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

12 Security Act of 2002 (6 U.S.C. 148; relating to the na13 tional cybersecurity and communications integration cen14 ter) is amended to read as follows: 

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

16 occurrence that actually or imminently jeopardizes, 

17 without lawful authority, the integrity, confiden18 tiality, or availability of information on an informa19 tion system, or actually or imminently jeopardizes, 

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

21 (f) 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. 


smartinez on DSK4TPTVN1PROD with BILLS
35 

•HR 3578 IH

1 (g) 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. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS