IIB 

111TH CONGRESS 

2D SESSION H. R. 4842 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2010 

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

Governmental Affairs 

AN ACT 

To authorize appropriations for the Directorate of Science 

and Technology of the Department of Homeland Security 

for fiscal years 2011 and 2012, and for other purposes. 

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 ‘‘Homeland Security 

3 Science and Technology Authorization Act of 2010’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. References. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Authorization of appropriations. 

TITLE II—MANAGEMENT AND ADMINISTRATION 

Sec. 201. Research prioritization and requirements; professional development; 

milestones and feedback. 

Sec. 202. Testing, evaluation, and standards. 

Sec. 203. External review. 

Sec. 204. Office of Public-Private Partnerships. 

TITLE III—REPORTS 

Sec. 301. Directorate of Science and Technology strategic plan. 

Sec. 302. Report on technology requirements. 

Sec. 303. Report on venture capital organization. 

TITLE IV—DIRECTORATE OF SCIENCE AND TECHNOLOGY 

PROGRAMS 

Sec. 401. Limitations on research. 

Sec. 402. University-based centers. 

Sec. 403. Review of university-based centers. 

Sec. 404. Cybersecurity research and development. 

Sec. 405. National Research Council study of cybersecurity incentives. 

Sec. 406. Research on cyber compromise of infrastructure. 

Sec. 407. Dual-use terrorist risks from synthetic genomics. 

Sec. 408. Underwater tunnel security demonstration project. 

Sec. 409. Threats research and development. 

Sec. 410. Maritime domain awareness and maritime security technology test, 

evaluation, and transition capabilities. 

Sec. 411. Rapid biological threat detection and identification. 

Sec. 412. Educating the public about radiological threats. 

Sec. 413. Rural resilience initiative. 

Sec. 414. Sense of Congress regarding the need for interoperability standards 

for Internet protocol video surveillance technology. 

Sec. 415. Homeland Security Science and Technology Fellows Program. 

Sec. 416. Biological threat agent assay equivalency. 


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Sec. 417. Study of feasibility and benefit of expanding or establishing program 

to create a new cybersecurity capacity building track at certain 

institutions of higher education. 

Sec. 418. Sense of Congress regarding centers of excellence. 

Sec. 419. Assessment, research, testing, and evaluation of technologies to mitigate the threat of small vessel attack. 

Sec. 420. Research and development projects. 

Sec. 421. National Urban Security Technology Laboratory. 

Sec. 422. Homeland security science and technology advisory committee. 

TITLE V—DOMESTIC NUCLEAR DETECTION OFFICE 

Sec. 501. Authorization of appropriations. 

Sec. 502. Domestic Nuclear Detection Office oversight. 

Sec. 503. Strategic plan and funding allocations for global nuclear detection architecture. 

Sec. 504. Radiation portal monitor alternatives. 

Sec. 505. Authorization of Securing the Cities Initiative. 

TITLE VI—CLARIFYING AMENDMENTS 

Sec. 601. Federally funded research and development centers. 

Sec. 602. Elimination of Homeland Security Institute. 

Sec. 603. GAO study of the implementation of the statutory relationship between the Department and the Department of Energy national 

laboratories. 

Sec. 604. Technical changes. 

TITLE VII—COMMISSION ON THE PROTECTION OF CRITICAL 

ELECTRIC AND ELECTRONIC INFRASTRUCTURES 

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

TITLE VIII—BORDER SECURITY TECHNOLOGY INNOVATION 

Sec. 801. Ensuring research activities of the Department of Homeland Security 

include appropriate concepts of operation. 

Sec. 802. Report on basic research needs for border and maritime security. 

Sec. 803. Incorporating unmanned aerial vehicles into border and maritime airspace. 

Sec. 804. Establishing a research program in tunnel detection. 

Sec. 805. Research in document security and authentication technologies. 

Sec. 806. Study on global positioning system technologies. 

Sec. 807. Study of mobile biometric technologies at the border. 

Sec. 808. Authorization of appropriations. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COM4 MITTEE.—The term ‘‘appropriate congressional com5 mittee’’ means the Committee on Homeland Security 


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1 and the Committee on Science and Technology of 

2 the House of Representatives and any committee of 

3 the House of Representatives or the Senate having 

4 legislative jurisdiction under the rules of the House 

5 of Representatives or Senate, respectively, over the 

6 matter concerned. 

7 (2) DEPARTMENT.—The term ‘‘Department’’ 

8 means the Department of Homeland Security. 

9 (3) DIRECTORATE.—The term ‘‘Directorate’’ 

10 means the Directorate of Science and Technology of 

11 the Department. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 (5) UNDER SECRETARY.—The term ‘‘Under 

15 Secretary’’ means the Under Secretary for Science 

16 and Technology of the Department. 

17 SEC. 4. REFERENCES. 

18 Except as otherwise specifically provided, whenever in 

19 this Act an amendment or repeal is expressed in terms 

20 of an amendment to, or repeal of, a provision, the ref21 erence shall be considered to be made to a provision of 

22 the Homeland Security Act of 2002 (6 U.S.C. 101 et 

23 seq.). 


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1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Under 

5 Secretary $1,121,664,000 for fiscal year 2011 and 

6 $1,155,313,920 for fiscal year 2012 for the necessary ex7 penses of the Directorate. 

8 TITLE II—MANAGEMENT AND 

9 ADMINISTRATION 

10 SEC. 201. RESEARCH PRIORITIZATION AND REQUIRE11 MENTS; PROFESSIONAL DEVELOPMENT; 

12 MILESTONES AND FEEDBACK. 

13 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 

14 is amended by adding at the end the following new sec15 tions: 

16 ‘‘SEC. 318. RESEARCH PRIORITIZATION AND REQUIRE17 MENTS. 

18 ‘‘(a) REQUIREMENTS.—The Secretary shall— 

19 ‘‘(1) by not later than 180 days after the date 

20 of enactment of this section, establish requirements 

21 for how basic and applied homeland security re22 search shall be identified, prioritized, funded, tasked, 

23 and evaluated by the Directorate of Science and 

24 Technology, including the roles and responsibilities 

25 of the Under Secretary for Science and Technology, 


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1 the Under Secretary for Policy, the Under Secretary 

2 for Management, the Director of the Office of Risk 

3 Management and Analysis, the Director of the Do4 mestic Nuclear Detection Office, and the heads of 

5 operational components of the Department; and 

6 ‘‘(2) to the greatest extent possible, seek to 

7 publicize the requirements for the purpose of inform8 ing the Federal, State, and local governments, first 

9 responders, and the private sector. 

10 ‘‘(b) CONTENTS.—In the requirements, the Secretary 

11 shall— 

12 ‘‘(1) identify the Directorate of Science and 

13 Technology’s customers within and outside of the 

14 Department; 

15 ‘‘(2) describe the risk formula and risk assess16 ment tools, including the risk assessment required 

17 under subsection (e)(1) that the Department con18 siders to identify, prioritize, and fund homeland se19 curity research projects; 

20 ‘‘(3) describe the considerations to be used by 

21 the Directorate to task projects to research entities, 

22 including the national laboratories, federally funded 

23 research and development centers, and university24 based centers; 


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1 ‘‘(4) describe the protocols to be used to assess 

2 off-the-shelf technology to determine if an identified 

3 homeland security capability gap can be addressed 

4 through the acquisition process instead of com5 mencing research and development of technology to 

6 address that capability gap; 

7 ‘‘(5) describe the processes to be used by the 

8 Directorate to strengthen first responder participa9 tion in identifying and prioritizing homeland security 

10 technological gaps, including by— 

11 ‘‘(A) soliciting feedback from appropriate 

12 national associations and advisory groups rep13 resenting the first responder community and 

14 first responders within the components of the 

15 Department; and 

16 ‘‘(B) establishing and promoting a publicly 

17 accessible portal to allow the first responder 

18 community to help the Directorate develop 

19 homeland security research and development 

20 goals; 

21 ‘‘(6) describe a mechanism to publicize the De22 partment’s funded and unfunded homeland security 

23 technology priorities; and 

24 ‘‘(7) include such other requirements, policies, 

25 and practices as the Secretary considers necessary. 


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1 ‘‘(c) ACTIVITIES IN SUPPORT OF THE RESEARCH

2 PRIORITIZATION AND REQUIREMENTS.—Not later than 

3 one year after the date of the issuance of the require4 ments, the Secretary shall— 

5 ‘‘(1) carry out the requirements of subsection 

6 (a); 

7 ‘‘(2) establish, through the Under Secretary for 

8 Science and Technology and Under Secretary for 

9 Management, a mandatory workforce program for 

10 the Directorate’s customers in the Department to 

11 better identify and prioritize homeland security ca12 pability gaps that may be addressed by a techno13 logical solution based on the assessment required 

14 under section 319(a)(2); 

15 ‘‘(3) establish a system to collect feedback from 

16 customers of the Directorate on the performance of 

17 the Directorate; and 

18 ‘‘(4) any other activities that the Secretary con19 siders to be necessary to implement the require20 ments. 

21 ‘‘(d) BIANNUAL UPDATES ON IMPLEMENTATION.— 

22 One hundred and eighty days after the date of enactment 

23 of this section, and on a biannually basis thereafter, the 

24 Inspector General of the Department shall submit a bian25 nually update to the appropriate congressional committees 


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1 on the status of implementation of the research 

2 prioritization and requirements and activities in support 

3 of such requirements. 

4 ‘‘(e) RISK ASSESSMENT.—The Secretary shall— 

5 ‘‘(1) submit to the appropriate congressional 

6 committees by not later than one year after the date 

7 of enactment of this subsection and annually there8 after— 

9 ‘‘(A) a national-level risk assessment car10 ried out by the Secretary, describing and 

11 prioritizing the greatest risks to the homeland, 

12 that includes vulnerability studies, asset values 

13 (including asset values for intangible assets), 

14 estimated rates of occurrence, countermeasures 

15 employed, loss expectancy, cost/benefit analyses, 

16 and other practices generally associated with 

17 producing a comprehensive risk assessment; 

18 ‘‘(B) an analysis of the Directorate’s ap19 proach to mitigating the homeland security 

20 risks identified under subparagraph (A) 

21 through basic and applied research, develop22 ment, demonstration, testing, and evaluation 

23 activities, as appropriate; 

24 ‘‘(C) an analysis, based on statistics and 

25 metrics, of the effectiveness of the Directorate 


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1 in reducing the homeland security risks identi2 fied under subparagraph (A) through the de3 ployment of homeland security technologies re4 searched or developed by the Directorate, as ap5 propriate; 

6 ‘‘(D) a description of how the analysis re7 quired under subparagraph (A) shall be used to 

8 inform, guide, and prioritize the Department’s 

9 homeland security research and development ac10 tivities, including recommendations for how the 

11 Directorate should modify or amend its existing 

12 research and development activities, including 

13 for purposes of reducing the risks to the home14 land identified under subparagraph (A); and 

15 ‘‘(E) a description of input from other rel16 evant Federal, State, or local agencies and rel17 evant private sector entities in conducting the 

18 risk assessment required by subparagraph (A); 

19 and 

20 ‘‘(2) conduct research and development on ways 

21 to most effectively communicate information regard22 ing the risks identified under paragraph (1)(A) to 

23 the media as well as directly to the public, both on 

24 an ongoing basis and during a terrorist attack or 

25 other incident. 


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1 ‘‘(f) REPORT ON HSARPA ACTIVITIES.— 

2 ‘‘(1) IN GENERAL.—Consistent with the Fed3 eral Acquisition Regulation and any other relevant 

4 Federal requirements, not later than 60 days after 

5 the date of enactment of this subsection and annu6 ally thereafter, the Secretary shall submit a report 

7 to the appropriate congressional committees con8 taining the research, development, testing, evalua9 tion, prototyping, and deployment activities under10 taken by the Homeland Security Advanced Research 

11 Projects Agency during the previous fiscal year, in12 cluding funds expended for such activities in the pre13 vious fiscal year. 

14 ‘‘(2) CONTENTS.—For each activity under15 taken, the report shall— 

16 ‘‘(A) describe, as appropriate, the cor17 responding risk identified in subsection 

18 (e)(1)(A) that supports the decision to under19 take that activity; and 

20 ‘‘(B) describe any efforts made to transi21 tion that activity into a Federal, State, or local 

22 acquisition program. 

23 ‘‘(3) ADDITIONAL ACTIVITIES.—The Secretary 

24 shall include in each report a description of each 

25 proposal that was reviewed in the period covered by 


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1 the report by the Director of the Homeland Security 

2 Advanced Research Projects Agency under section 

3 313(d)(3), including a statement of whether the pro4 posal received a grant, cooperative agreement, or 

5 contract from the Director. 

6 ‘‘SEC. 319. PROFESSIONAL DEVELOPMENT. 

7 ‘‘(a) REPORTING REQUIREMENT.—Sixty days before 

8 establishing the mandatory workforce program as required 

9 by section 318(c)(2), the Secretary shall report to the ap10 propriate congressional committees on the following: 

11 ‘‘(1) A description of how homeland security 

12 technological requirements are developed by the Di13 rectorate of Science and Technology’s customers 

14 within the Department. 

15 ‘‘(2) A description of the training that should 

16 be provided to the Directorate’s customers in the 

17 Department under the mandatory workforce pro18 gram to allow them to identify, express, and 

19 prioritize homeland security capability gaps. 

20 ‘‘(3) A plan for how the Directorate, in coordi21 nation with the Domestic Nuclear Detection Office 

22 and other Department components, can enhance and 

23 improve technology requirements development and 

24 the technology acquisition process, to accelerate the 

25 delivery of effective, suitable technologies that meet 


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1 performance requirements and appropriately address 

2 an identified homeland security capability gap. 

3 ‘‘(4) An assessment of whether Congress should 

4 authorize, in addition to the program required under 

5 section 318(c)(2), a training program for Depart6 ment employees to be trained in requirements writ7 ing and acquisition, that— 

8 ‘‘(A) is prepared in consultation with the 

9 Department of Veterans Affairs Acquisition 

10 Academy and the Defense Acquisition Univer11 sity; and 

12 ‘‘(B) if the Secretary determines that such 

13 additional training should be authorized by 

14 Congress, includes specification about— 

15 ‘‘(i) the type, skill set, and job series 

16 of Department employees who would ben17 efit from such training, including an esti18 mate of the number of such employees; 

19 ‘‘(ii) a suggested curriculum for the 

20 training; 

21 ‘‘(iii) the type and skill set of edu22 cators who could most effectively teach 

23 those skills; 

24 ‘‘(iv) the length and duration of the 

25 training; 


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1 ‘‘(v) the advantages and disadvan2 tages of training employees in a live class3 room, or virtual classroom, or both; 

4 ‘‘(vi) cost estimates for the training; 

5 and 

6 ‘‘(vii) the role of the Directorate in 

7 supporting the training. 

8 ‘‘(b) USE OF RESEARCH AND DEVELOPMENT CEN9 TER.—The Secretary is encouraged to use a federally 

10 funded research and development center to assist the Sec11 retary in carrying out the requirements of this section. 

12 ‘‘SEC. 320. CUSTOMER FEEDBACK. 

13 ‘‘In establishing a system to collect feedback under 

14 section 318(c)(3), the Secretary shall— 

15 ‘‘(1) create a formal process for collecting feed16 back from customers on the effectiveness of the 

17 technology or services delivered by Directorate of 

18 Science and Technology, including through random19 ized sampling, focus groups, and other methods as 

20 appropriate; 

21 ‘‘(2) develop metrics for measuring customer 

22 satisfaction and the usefulness of any technology or 

23 service provided by the Directorate; and 


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1 ‘‘(3) establish standards and performance meas2 ures to be met by the Directorate in order to provide 

3 high-quality customer service. 

4 ‘‘SEC. 321. RESEARCH PROGRESS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

6 system to monitor the progress of Directorate for Science 

7 and Technology research, development, testing, and eval8 uation activities, including the establishment of initial and 

9 subsequent research milestones. 

10 ‘‘(b) SYSTEM.—The system established under sub11 section (a) shall— 

12 ‘‘(1) identify and monitor the progress toward 

13 research milestones; 

14 ‘‘(2) allow the Directorate to provide regular re15 ports to its customers regarding the status and 

16 progress of research efforts of the Directorate; 

17 ‘‘(3) allow the Secretary to evaluate how a tech18 nology or service produced as a result of the Direc19 torate’s programs has affected homeland security ca20 pability gaps; and 

21 ‘‘(4) allow the Secretary to report the number 

22 of products and services developed by the Direc23 torate that have been transitioned into acquisition 

24 programs. 


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1 ‘‘(c) GUIDANCE.—The Under Secretary for Science 

2 and Technology shall publicize and implement guidance on 

3 setting valid initial and subsequent research milestones for 

4 homeland security research funded by the Directorate. 

5 ‘‘SEC. 322. REPORT. 

6 ‘‘(a) IN GENERAL.—The Under Secretary shall sub7 mit a report to the appropriate congressional commit8 tees— 

9 ‘‘(1) by not later than one year after the date 

10 of enactment of sections 320 and 321 identifying 

11 what actions have been taken to carry out the re12 quirements of these sections; and 

13 ‘‘(2) annually thereafter describing— 

14 ‘‘(A) research milestones for each large 

15 project with a Federal cost share greater than 

16 $80,000,000 that have been successfully met 

17 and missed, including for each missed mile18 stone, an explanation of why the milestone was 

19 missed; and 

20 ‘‘(B) customer feedback collected and the 

21 success of the Directorate in meeting the cus22 tomer service performance measures and stand23 ards, including an evaluation of the effective24 ness of the technology or services delivered by 

25 the Directorate.’’. 


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1 (b) CLERICAL AMENDMENTS.—The table of contents 

2 in section 1(b) is amended in the items relating to subtitle 

3 D of title II— 

4 (1) in the item relating to the heading for the 

5 subtitle, by striking ‘‘Office of’’; 

6 (2) in the item relating to section 231, by strik7 ing ‘‘office’’ and inserting ‘‘Office of Science and 

8 Technology’’; and 

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

10 items: 

‘‘Sec. 318. Research prioritization and requirements. 

‘‘Sec. 319. Professional development. 

‘‘Sec. 320. Customer feedback. 

‘‘Sec. 321. Research progress. 

‘‘Sec. 322. Report. 

11 SEC. 202. TESTING, EVALUATION, AND STANDARDS. 

12 Section 308 (6 U.S.C. 188) is amended by adding 

13 at the end of the following new subsection: 

14 ‘‘(d) TEST, EVALUATION, AND STANDARDS DIVI15 SION.— 

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

17 the Directorate of Science and Technology a Test, 

18 Evaluation, and Standards Division. 

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

20 Standards Division shall be headed by a Director of 

21 Test, Evaluation, and Standards, who shall be ap22 pointed by the Secretary and report to the Under 

23 Secretary for Science and Technology. 


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1 ‘‘(3) RESPONSIBILITIES, AUTHORITIES, AND

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

3 Standards— 

4 ‘‘(A) is the principal adviser to the Sec5 retary, the Under Secretary of Management, 

6 and the Under Secretary for Science and Tech7 nology on all test and evaluation or standards 

8 activities in the Department; and 

9 ‘‘(B) shall— 

10 ‘‘(i) prescribe test and evaluation poli11 cies for the Department, which shall in12 clude policies to ensure that operational 

13 testing is done at facilities that already 

14 have relevant and appropriate safety and 

15 material certifications to the extent such 

16 facilities are available; 

17 ‘‘(ii) oversee and ensure that adequate 

18 test and evaluation activities are planned 

19 and conducted by or on behalf of compo20 nents of the Department in major acquisi21 tion programs of the Department, as des22 ignated by the Secretary, based on risk, 

23 acquisition level, novelty, complexity, and 

24 size of the acquisition program, or as oth25 erwise established in statute; 


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1 ‘‘(iii) review major acquisition pro2 gram test reports and test data to assess 

3 the adequacy of test and evaluation activi4 ties conducted by or on behalf of compo5 nents of the Department; and 

6 ‘‘(iv) review available test and evalua7 tion infrastructure to determine whether 

8 the Department has adequate resources to 

9 carry out its testing and evaluation respon10 sibilities, as established under this title. 

11 ‘‘(4) DEPUTY DIRECTOR OF OPERATIONAL TEST

12 AND EVALUATION.—Within the Division there shall 

13 be a Deputy Director of Operational Test and Eval14 uation, who— 

15 ‘‘(A) is the principal operational test and 

16 evaluation official for the Department; and 

17 ‘‘(B) shall— 

18 ‘‘(i) monitor and review the oper19 ational testing and evaluation activities 

20 conducted by or on behalf of components 

21 of the Department in major acquisition 

22 programs of the Department, as des23 ignated by the Secretary, based on risk, 

24 acquisition level, novelty, complexity, and 


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1 size of the acquisition program, or as oth2 erwise established in statute; 

3 ‘‘(ii) provide the Department with as4 sessments of the adequacy of testing and 

5 evaluation activities conducted in support 

6 of major acquisitions programs; and 

7 ‘‘(iii) have prompt and full access to 

8 test and evaluation documents, data, and 

9 test results of the Department that the 

10 Deputy Director considers necessary to re11 view in order to carry out the duties of the 

12 Deputy Director under this section. 

13 ‘‘(5) STANDARDS EXECUTIVE.—Within this Di14 vision, there shall be a Standards Executive as de15 scribed in Office of Management and Budget Cir16 cular A–119. The Standards Executive shall— 

17 ‘‘(A) implement the Department’s stand18 ards policy as described in section 102(g); and 

19 ‘‘(B) support the Department’s use of 

20 technical standards that are developed or adopt21 ed by voluntary consensus standards bodies in 

22 accordance with section 12(d) of the National 

23 Technology Transfer and Advancement Act of 

24 1995 (15 U.S.C. 272 note). 


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1 ‘‘(6) LIMITATION.—The Division is not required 

2 to carry out operational testing. 

3 ‘‘(7) EVALUATION OF DEPARTMENT OF DE4 FENSE TECHNOLOGIES.—The Director of Test, 

5 Evaluation, and Standards may evaluate tech6 nologies currently in use or being developed by the 

7 Department of Defense to assess whether they can 

8 be leveraged to address homeland security capability 

9 gaps.’’. 

10 SEC. 203. EXTERNAL REVIEW. 

11 (a) RESPONSIBILITIES AND AUTHORITIES OF THE

12 UNDER SECRETARY.—Section 302 (6 U.S.C. 183) is 

13 amended by striking ‘‘and’’ after the semicolon at the end 

14 of paragraph (13), by striking the period at the end of 

15 paragraph (14) and inserting ‘‘; and’’, and by adding at 

16 the end the following new paragraph: 

17 ‘‘(15) developing and overseeing the administra18 tion of guidelines for periodic external review of re19 search and development programs or activities, in20 cluding through— 

21 ‘‘(A) consultation with experts, including 

22 scientists and practitioners, about the research 

23 and development activities conducted by the Di24 rectorate of Science and Technology; and 


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1 ‘‘(B) ongoing independent, external re2 view— 

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

4 ‘‘(ii) when divisions conduct multiple 

5 programs focused on significantly different 

6 subjects, at the program level.’’. 

7 (b) REPORT.—The Secretary shall report to Congress 

8 not later than 60 days after the completion of the first 

9 review under section 302(15)(B) of the Homeland Secu10 rity Act of 2002, as amended by subsection (a) of this 

11 section on— 

12 (1) the findings of the review; and 

13 (2) any future efforts to ensure that the De14 partment’s research programs or activities are sub15 ject to external review, as appropriate. 

16 SEC. 204. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS. 

17 (a) ESTABLISHMENT.—Section 313 (6 U.S.C. 193) 

18 is amended to read as follows: 

19 ‘‘SEC. 313. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS. 

20 ‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab21 lished an Office of Public-Private Partnerships in the Di22 rectorate of Science and Technology. 

23 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di24 rector, who shall be appointed by the Secretary. The DiVerDate Mar 15 2010 02:08 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.RFS H4842

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1 rector shall report to the Under Secretary for Science and 

2 Technology. 

3 ‘‘(c) RESPONSIBILITIES.—The Director, in coordina4 tion with the Private Sector Office of the Department, 

5 shall— 

6 ‘‘(1) engage and initiate proactive outreach ef7 forts and provide guidance on how to pursue pro8 posals to develop or deploy homeland security tech9 nologies (including regarding Federal funding, regu10 lation, or acquisition), including to persons associ11 ated with small businesses (as that term is defined 

12 in the Small Business Act (15 U.S.C. 631 et seq.)); 

13 ‘‘(2) coordinate with components of the Depart14 ment to issue announcements seeking unique and in15 novative homeland security technologies to address 

16 homeland security capability gaps; 

17 ‘‘(3) promote interaction between homeland se18 curity researchers and private sector companies in 

19 order to accelerate transition research or a prototype 

20 into a commercial product and streamline the han21 dling of intellectual property; and 

22 ‘‘(4) conduct technology research assessment 

23 and marketplace analysis for the purpose of identi24 fying, leveraging, and integrating best-of-breed tech25 nologies and capabilities from industry, academia, 


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1 and other Federal Government agencies, and dis2 seminate research and findings to Federal, State, 

3 and local governments. 

4 ‘‘(d) RAPID REVIEW DIVISION.— 

5 ‘‘(1) ESTABLISHMENT.—There is established 

6 the Rapid Review Division within the Office of Pub7 lic-Private Partnerships. 

8 ‘‘(2) PURPOSE AND DUTIES.— 

9 ‘‘(A) IN GENERAL.—The Division— 

10 ‘‘(i) is responsible for maintaining a 

11 capability to perform business and tech12 nical reviews to assist in screening unsolic13 ited homeland security technology pro14 posals submitted to the Secretary; and 

15 ‘‘(ii) shall assess the feasibility, sci16 entific and technical merits, and estimated 

17 cost of such proposals. 

18 ‘‘(B) SPECIFIC DUTIES.—In carrying out 

19 those duties, the Division shall— 

20 ‘‘(i) maintain awareness of the techno21 logical requirements of the Directorate’s 

22 customers; 

23 ‘‘(ii) establish and publicize accessible, 

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1 pant to have their technology assessed by 

2 the Division; 

3 ‘‘(iii) make knowledgeable assessments 

4 of a participant’s technology after receiving 

5 a business plan, a technology proposal, and 

6 a list of corporate officers, directors, and 

7 employees with technical knowledge of the 

8 proposal, within 60 days after such a sub9 mission; 

10 ‘‘(iv) review proposals submitted by 

11 components of the Department to the Divi12 sion, subject to subsection (e); and 

13 ‘‘(v) in reviewing proposals submitted 

14 to the Secretary, give priority to any pro15 posal submitted by a small business con16 cern as defined under section 3 of the 

17 Small Business Act (15 U.S.C. 632). 

18 ‘‘(3) COORDINATION.—The Director shall sub19 mit for consideration promising homeland security 

20 technology research, development, testing, and eval21 uation proposals, along with any business and tech22 nical reviews, to the appropriate subcomponents of 

23 the Directorate and the appropriate operational com24 ponents of the Department for consideration for 

25 support. 


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1 ‘‘(e) LIMITATION ON CONSIDERATION OR EVALUA2 TION OF PROPOSALS.—The Office may not consider or 

3 evaluate homeland security technology proposals sub4 mitted in response to a solicitation for offers for a pending 

5 procurement or for a specific agency requirement. 

6 ‘‘(f) SATELLITE OFFICES.—The Under Secretary, 

7 acting through the Director, may establish up to 3 satellite 

8 offices across the country to enhance the Department’s 

9 outreach efforts. The Secretary shall notify the appro10 priate congressional committees in writing within 30 days 

11 after establishing any satellite office. 

12 ‘‘(g) PERSONNEL.—The Secretary shall establish 

13 rules to prevent the Director or any other employee of the 

14 Office from acting on matters where a conflict of interest 

15 may exist.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) is amended by striking the item relating 

18 to such section and inserting the following: 

‘‘Sec. 313. Office of Public-Private Partnerships.’’. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amount authorized by section 101, there is authorized to 

21 be appropriated $30,000,000 for the Office of Public-Pri22 vate Partnerships for each of fiscal years 2011 and 2012. 


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1 TITLE III—REPORTS 

2 SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY 

3 STRATEGIC PLAN. 

4 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.), 

5 as amended by section 201, is further amended by adding 

6 at the end the following new section: 

7 ‘‘SEC. 323. STRATEGIC PLAN. 

8 ‘‘(a) REQUIREMENT FOR STRATEGIC PLAN.—Not 

9 later than 1 year after the date of enactment of this sec10 tion and every other year thereafter, the Under Secretary 

11 for Science and Technology shall prepare a strategic plan 

12 for the activities of the Directorate. 

13 ‘‘(b) CONTENTS.—The strategic plan required by 

14 subsection (a) shall be prepared in accordance with appli15 cable Federal requirements, and shall include the following 

16 matters: 

17 ‘‘(1) The long-term strategic goals of the Direc18 torate. 

19 ‘‘(2) Identification of the research programs of 

20 the Directorate that support achievement of those 

21 strategic goals. 

22 ‘‘(3) The connection of the activities and pro23 grams of the Directorate to requirements or home24 land security capability gaps identified by customers 


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1 within the Department and outside of the Depart2 ment, including the first responder community. 

3 ‘‘(4) The role of the Department’s risk analysis 

4 in the activities and programs of the Directorate. 

5 ‘‘(5) A technology transition strategy for the 

6 programs of the Directorate. 

7 ‘‘(6) A description of the policies of the Direc8 torate on the management, organization, and per9 sonnel of the Directorate. 

10 ‘‘(c) SUBMISSION OF PLAN TO CONGRESS.—The Sec11 retary shall submit to Congress any update to the stra12 tegic plan most recently prepared under subsection (a) at 

13 the same time that the President submits to Congress the 

14 budget for each even-numbered fiscal year.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b), as amended by section 201, is further 

17 amended by adding at the end of the items relating to 

18 title III the following new item: 

‘‘Sec. 323. Strategic plan.’’. 

19 SEC. 302. REPORT ON TECHNOLOGY REQUIREMENTS. 

20 Section 302 (6 U.S.C. 182) is amended by inserting 

21 ‘‘(a) IN GENERAL.—’’ before the first sentence, and by 

22 adding at the end the following new subsection: 

23 ‘‘(b) REPORT ON TECHNOLOGY REQUIREMENTS.— 

24 ‘‘(1) IN GENERAL.—Within 90 days after the 

25 date of enactment, the Under Secretary shall, for 


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1 each current project conducted by the Directorate 

2 and having a Federal cost share greater than 

3 $80,000,000, and on an ongoing basis thereafter for 

4 any new project conducted by the Directorate and 

5 having a Federal cost share greater than 

6 $80,000,000, provide to the appropriate congres7 sional committees a description of— 

8 ‘‘(A) the Department components and cus9 tomers consulted during the development of the 

10 operational and technical requirements associ11 ated with the project; and 

12 ‘‘(B) the extent to which the requirements 

13 incorporate the input of those components or 

14 customers. 

15 ‘‘(2) LARGE PROJECTS.—Within 90 days after 

16 the date of enactment, the Secretary shall, for each 

17 current project conducted by a component of the De18 partment besides the Directorate, and having a life19 cycle cost greater than $1,000,000,000, and on an 

20 ongoing basis thereafter for any new project con21 ducted by a component of the Department besides 

22 the Directorate, and having a life-cycle cost greater 

23 than $1,000,000,000, provide to the appropriate 

24 congressional committees detailed operational and 


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1 technical requirements that are associated with the 

2 project.’’. 

3 SEC. 303. REPORT ON VENTURE CAPITAL ORGANIZATION. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary shall submit 

6 a report to the appropriate congressional committees— 

7 (1) assessing the current role of the venture 

8 capital community in funding advanced homeland se9 curity technologies, including technologies proposed 

10 by small business concerns as defined under section 

11 3 of the Small Business Act (15 U.S.C. 632); and 

12 (2) providing recommendations about creating a 

13 nonprofit organization for the purposes of delivering 

14 advanced homeland security technologies to the 

15 homeland security community to further its mis16 sions. 

17 (b) CONTENTS.—The report shall include the fol18 lowing: 

19 (1) An assessment of the current awareness 

20 and insight that the Department has regarding ad21 vanced private sector homeland security innovation, 

22 and the Department’s ability to quickly transition 

23 innovative products into acquisitions. 

24 (2) A description of how the Department cur25 rently finds and works with emerging companies, 


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1 particularly firms that have never done business 

2 with the Federal Government, small business con3 cerns, small business concerns that are owned and 

4 operated by women, small business concerns that are 

5 owned and operated by veterans, and minority6 owned and operated small business concerns. 

7 (3) An assessment and analysis of the current 

8 role that venture capitalists play in the development 

9 of homeland security technologies, including an as10 sessment of how the venture capital community 

11 could be leveraged to accelerate technology, foster 

12 development, and introduce new technologies needed 

13 by the homeland security community. 

14 (4) An assessment of whether the Department 

15 could help nascent commercial technologies mature 

16 into commercial-off-the-shelf products the homeland 

17 security community could acquire. 

18 (5) An analysis of whether the Central Intel19 ligence Agency’s In-Q-Tel organization or the De20 partment of Defense’s OnPoint Technologies organi21 zation could serve as a model for the development of 

22 homeland security technology at the Department. 

23 (6) Recommendations of the Secretary regard24 ing how Congress could authorize the establishment 

25 of a private, independent, not-for-profit organization 


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1 to bridge the gap between the technology needs of 

2 the homeland security community and new advances 

3 in commercial technology, including specifics on po4 tential funding levels, activities for the organization, 

5 including the provision of technical assistance, and 

6 whether to establish set-asides for small businesses 

7 that are minority-owned and operated or located in 

8 socially and economically disadvantaged areas. 

9 (c) USE OF RESEARCH AND DEVELOPMENT CEN10 TER.—The Secretary is encouraged to use a federally 

11 funded research and development center to produce the 

12 report under this section. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

14 amount authorized by section 101, there is authorized to 

15 be appropriated $500,000 for the report under this sec16 tion. 

17 TITLE IV—DIRECTORATE OF 

18 SCIENCE AND TECHNOLOGY 

19 PROGRAMS 

20 SEC. 401. LIMITATIONS ON RESEARCH. 

21 Section 302(a)(4), as designated by section 302, is 

22 further amended by inserting after ‘‘extramural pro23 grams,’’ the following: ‘‘that, to the greatest extent pos24 sible, addresses a prioritized risk to the homeland as iden25 tified by a risk analysis under section 226(e) of this Act’’. 


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1 SEC. 402. UNIVERSITY-BASED CENTERS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Of the 

3 amount authorized by section 101, there is authorized to 

4 be appropriated $40,000,000 for fiscal year 2011 and 

5 $41,200,000 for fiscal year 2012 to the Secretary to carry 

6 out the university-based centers program of the Depart7 ment. 

8 (b) CRITERIA FOR DESIGNATION.—Section 

9 308(b)(2)(B)(iii) (6 U.S.C. 188(b)(2)(B)(iii)) is amended 

10 by inserting before the period at the end the following: 

11 ‘‘, including medical readiness training and research, and 

12 community resiliency for public health and healthcare crit13 ical infrastructure’’. 

14 (c) EXPLOSIVE COUNTERMEASURES OR DETEC15 TION.—Section 308(b)(2)(B)(iv) (6 U.S.C. 

16 188(b)(2)(B)(iv)) is amended by striking ‘‘and nuclear’’ 

17 and inserting ‘‘nuclear, and explosive’’. 

18 SEC. 403. REVIEW OF UNIVERSITY-BASED CENTERS. 

19 (a) GAO STUDY OF UNIVERSITY-BASED CENTERS.— 

20 Not later than 120 days after the date of enactment of 

21 this Act, the Comptroller General of the United States 

22 shall initiate a study to assess the university-based centers 

23 for homeland security program authorized by section 

24 308(b)(2) of the Homeland Security Act of 2002 (6 

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


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1 appropriate congressional committees for appropriate im2 provements. 

3 (b) SUBJECT MATTERS.—The study under sub4 section (a) shall include the following: 

5 (1) A review of the Department’s efforts to 

6 identify key areas of study needed to support the 

7 homeland security mission, and criteria that the De8 partment utilized to determine those key areas for 

9 which the Department should maintain, establish, or 

10 eliminate university-based centers. 

11 (2) A review of the method by which university12 based centers, federally funded research and develop13 ment centers, and Department of Energy national 

14 laboratories receive tasking from the Department, 

15 including a review of how university-based research 

16 is identified, prioritized, and funded. 

17 (3) A review of selection criteria for designating 

18 university-based centers and a weighting of such cri19 teria. 

20 (4) An examination of best practices from other 

21 agencies efforts to organize and use university-based 

22 research to support their missions. 

23 (5) A review of the Department’s criteria and 

24 metrics to measure demonstrable progress achieved 

25 by university-based centers in fulfilling Department 


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1 taskings, and mechanisms for delivering and dis2 seminating the research results of designated univer3 sity-based centers within the Department and to 

4 other Federal, State, and local agencies. 

5 (6) An examination of the means by which aca6 demic institutions that are not designated or associ7 ated with the designated university-based centers 

8 can optimally contribute to the research mission of 

9 the Directorate. 

10 (7) An assessment of the interrelationship be11 tween the different university-based centers. 

12 (8) A review of any other essential elements of 

13 the programs determined in the conduct of the 

14 study. 

15 (c) MORATORIUM ON NEW UNIVERSITY-BASED CEN16 TERS.—The Secretary may not designate any new univer17 sity-based centers to research new areas in homeland secu18 rity prior to the completion of the Comptroller General’s 

19 review. 

20 SEC. 404. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

21 (a) IN GENERAL.—The Under Secretary shall sup22 port research, development, testing, evaluation, and tran23 sition of cybersecurity technology, including fundamental, 

24 long-term research to improve the ability of the United 

25 States to prevent, protect against, detect, respond to, and 


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1 recover from acts of terrorism and cyber attacks, with an 

2 emphasis on research and development relevant to large3 scale, high-impact attacks. 

4 (b) ACTIVITIES.—The research and development sup5 ported under subsection (a) shall include work to— 

6 (1) advance the development and accelerate the 

7 deployment of more secure versions of fundamental 

8 Internet protocols and architectures, including for 

9 the domain name system and routing protocols; 

10 (2) improve and create technologies for detect11 ing attacks or intrusions, including real-time moni12 toring and real-time analytic technologies; 

13 (3) improve and create mitigation and recovery 

14 methodologies, including techniques and policies for 

15 real-time containment of attacks, and development 

16 of resilient networks and systems that degrade 

17 gracefully; 

18 (4) develop and support infrastructure and tools 

19 to support cybersecurity research and development 

20 efforts, including modeling, testbeds, and data sets 

21 for assessment of new cybersecurity technologies; 

22 (5) assist the development and support of tech23 nologies to reduce vulnerabilities in process control 

24 systems; 


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1 (6) develop and support cyber forensics and at2 tack attribution; and 

3 (7) test, evaluate, and facilitate the transfer of 

4 technologies associated with the engineering of less 

5 vulnerable software and securing the information 

6 technology software development lifecycle. 

7 (c) COORDINATION.—In carrying out this section, the 

8 Under Secretary shall coordinate activities with— 

9 (1) the Under Secretary for National Protection 

10 and Programs; and 

11 (2) the heads of other relevant Federal depart12 ments and agencies, including the National Science 

13 Foundation, the Defense Advanced Research 

14 Projects Agency, the Information Assurance Direc15 torate of the National Security Agency, the National 

16 Institute of Standards and Technology, the Depart17 ment of Commerce, and other appropriate working 

18 groups established by the President to identify 

19 unmet needs and cooperatively support activities, as 

20 appropriate. 

21 (d) AUTHORIZATION OF CYBERSECURITY PREPARED22 NESS CONSORTIUM AND TRAINING CENTER.— 

23 (1) CYBERSECURITY PREPAREDNESS CONSOR24 TIUM.—Subtitle C of title II of the Homeland SecuVerDate Mar 15 2010 02:08 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.RFS H4842

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1 rity Act of 2002 (6 U.S.C. 121 et seq.) is amended 

2 by adding at the end the following new section: 

3 ‘‘SEC. 226. CYBERSECURITY PREPAREDNESS CONSORTIUM. 

4 ‘‘(a) IN GENERAL.—To assist the Secretary in car5 rying out the requirements of section 404(a) of the Home6 land Security Science and Technology Authorization Act 

7 of 2010, the Secretary may establish a consortium to be 

8 known as the ‘Cybersecurity Preparedness Consortium’. 

9 ‘‘(b) FUNCTIONS.—The Consortium shall— 

10 ‘‘(1) provide training to State and local first re11 sponders and officials specifically for preparing and 

12 responding to cybersecurity attacks; 

13 ‘‘(2) develop and update a curriculum and 

14 training model for State and local first responders 

15 and officials; 

16 ‘‘(3) provide technical assistance services to 

17 build and sustain capabilities in support of cyberse18 curity preparedness and response; 

19 ‘‘(4) conduct cybersecurity training and simula20 tion exercises to defend from and respond to cyber 

21 attacks; and 

22 ‘‘(5) coordinate all cybersecurity preparedness 

23 training activities conducted by the Department. 

24 ‘‘(c) MEMBERS.—The Consortium shall consist of 

25 academic, nonprofit, and government partners that— 


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1 ‘‘(1) have demonstrated expertise in developing 

2 and delivering cybersecurity training in support of 

3 homeland security; 

4 ‘‘(2) have demonstrated ability to utilize exist5 ing courses and expertise developed by the Depart6 ment; 

7 ‘‘(3) have demonstrated ability to coordinate 

8 with the National Domestic Preparedness Consor9 tium and other training programs within the De10 partment; and 

11 ‘‘(4) include at least 3 academic institutions 

12 that are any combination of historically Black col13 leges and universities, Hispanic-serving institutions, 

14 or tribal colleges and universities, that fulfill the cri15 teria of paragraphs (1), (2) and (3) of this sub16 section. 

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

18 ‘‘(1) HISTORICALLY BLACK COLLEGE OR UNI19 VERSITY.—The term ‘historically Black college or 

20 university’ has the meaning given the term ‘part B 

21 institution’ in section 322(2) of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1061(2)). 

23 ‘‘(2) HISPANIC-SERVING INSTITUTION.—The 

24 term ‘Hispanic-serving institution’ has the meaning 


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1 given that term in section 502 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1101(a)). 

3 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 

4 term ‘tribal college or university’ has the meaning 

5 given that term in section 316(b) of the Higher 

6 Education Act of 1965 (20 U.S.C. 1059c(b)).’’. 

7 (2) CLERICAL AMENDMENT.—Section 1(b) of 

8 such Act is further amended by adding at the end 

9 of the items relating to such subtitle the following 

10 new item: 

‘‘Sec. 226. Cybersecurity Preparedness Consortium.’’. 

11 (3) CYBERSECURITY TRAINING CENTER.—Sub12 title C of title II of the Homeland Security Act of 

13 2002 (6 U.S.C. 121 et seq.) is further amended by 

14 adding at the end the following new section: 

15 ‘‘SEC. 227. CYBERSECURITY TRAINING CENTER. 

16 ‘‘The Secretary may establish where appropriate a 

17 Cybersecurity Training Center to provide training courses 

18 and other resources for State and local first responders 

19 and officials to improve preparedness and response capa20 bilities.’’. 

21 (4) CLERICAL AMENDMENT.—Section 1(b) of 

22 such Act is further amended by adding at the end 

23 of the items relating to such subtitle the following 

24 new item: 

‘‘Sec. 227. Cybersecurity Training Center.’’. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amount authorized by section 101, there is authorized to 

3 be appropriated $75,000,000 to the Department for each 

4 of fiscal years 2011 and 2012 for the cybersecurity re5 search and development activities of the Directorate to 

6 prevent, detect, and respond to acts of terrorism and other 

7 large-scale disruptions to information infrastructure. 

8 SEC. 405. NATIONAL RESEARCH COUNCIL STUDY OF CY9 BERSECURITY INCENTIVES. 

10 (a) STUDY.—Not later than 90 days after the date 

11 of enactment of this Act, the Under Secretary and the 

12 Under Secretary for National Protection and Programs of 

13 the Department shall seek to enter into an agreement with 

14 the National Research Council of the National Academy 

15 of Sciences to conduct a study to assess methods that 

16 might be used to promote market mechanisms that further 

17 cybersecurity and make recommendations for appropriate 

18 improvements thereto. 

19 (b) SUBJECT MATTERS.—The study required under 

20 subsection (a) shall include the following: 

21 (1) Liability that subjects software and system 

22 vendors and system operators to potential damages 

23 for system breaches. 

24 (2) Mandated reporting of security breaches 

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1 vision of electricity and resiliency of the financial 

2 sector. 

3 (3) Regulation that under threat of civil pen4 alty, imposes best practices on system operators of 

5 critical infrastructure. 

6 (4) Certification from standards bodies about 

7 conformance to relevant cybersecurity standards that 

8 can be used as a marketplace differentiation. 

9 (5) Accounting practices that require companies 

10 to report their cybersecurity practices and postures 

11 and the results of independently conducted red team 

12 simulated attacks or exercises. 

13 (6) Cybersecurity risk insurance, including 

14 analysis of the current marketplace and rec15 ommendations to promote cybersecurity insurance. 

16 (c) SUBMISSION TO CONGRESS.—Not later than two 

17 years after the date of enactment of this Act, the Sec18 retary shall submit to the appropriate congressional com19 mittees the results of the study required under subsection 

20 (a), together with any recommendations of the Secretary 

21 related thereto. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

23 amount authorized by section 101, there is authorized to 

24 be appropriated $500,000 to the Department for fiscal 

25 year 2011 to carry out this section. 


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1 SEC. 406. RESEARCH ON CYBER COMPROMISE OF INFRA2 STRUCTURE. 

3 (a) IN GENERAL.—Pursuant to section 201 of the 

4 Homeland Security Act of 2002 (6 U.S.C. 121) and in 

5 furtherance of domestic preparedness for and collective re6 sponse to a cyber attack by a terrorist or other person, 

7 the Secretary, working with the heads of other national 

8 security and intelligence agencies, shall periodically con9 duct research to determine if the security of federally 

10 owned programmable electronic devices and communica11 tion networks, including hardware, software, and data, es12 sential to the reliable operation of critical electric infra13 structure has been compromised. 

14 (b) SCOPE OF RESEARCH.—The scope of the research 

15 required under subsection (a) shall include the following: 

16 (1) The extent of any compromise. 

17 (2) An identification of any attackers, including 

18 any affiliations with terrorists, terrorist organiza19 tions, state entities, and non-state entities. 

20 (3) The method of penetration. 

21 (4) Ramifications of any such compromise on 

22 future operations of critical electric infrastructure. 

23 (5) Secondary ramifications of any such com24 promise on other critical infrastructure sectors and 

25 the functioning of civil society. 


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1 (6) Ramifications of any such compromise on 

2 national security, including war fighting capability. 

3 (7) Recommended mitigation activities. 

4 (c) REPORT.—Not later than 30 days after the date 

5 a determination has been made under subsection (a), the 

6 Secretary shall submit to the appropriate congressional 

7 committees a report on the findings of such determination. 

8 The report may contain a classified annex if the Secretary 

9 determines it to be appropriate. 

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

11 GENOMICS. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the field of synthetic genomics has the potential 

14 to facilitate enormous gains in fundamental discovery and 

15 biotechnological applications, but it also has inherent dual16 use homeland security risks that must be managed. 

17 (b) REQUIREMENT.—The Under Secretary shall ex18 amine and report to the appropriate congressional com19 mittees by not later than one year after the date of enact20 ment of this Act on the homeland security implications 

21 of the dual-use nature of synthetic genomics and, if the 

22 Under Secretary determines that such research is appro23 priate, may conduct research in that area, including— 

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1 tiate a legitimate customer from a potential terrorist 

2 or other malicious actor; 

3 (2) determining the current capability of syn4 thetic nucleic acid providers to effectively screen or5 ders for sequences of homeland security concern; 

6 and 

7 (3) making recommendations regarding screen8 ing software, protocols, and other remaining capa9 bility gaps uncovered by the study. 

10 SEC. 408. UNDERWATER TUNNEL SECURITY DEMONSTRA11 TION PROJECT. 

12 (a) IN GENERAL.—The Under Secretary, in consulta13 tion with the Assistant Secretary of the Transportation 

14 Security Administration, shall conduct a demonstration 

15 project to test and assess the feasibility and effectiveness 

16 of certain technologies to enhance the security of under17 water public transportation tunnels against terrorist at18 tacks involving the use of improvised explosive devices. 

19 (b) INFLATABLE PLUGS.—At least one of the tech20 nologies tested under subsection (a) shall be inflatable 

21 plugs that may be rapidly deployed to prevent flooding of 

22 an underwater public transportation tunnel. 

23 (c) REPORT.—Not later than 180 days after the com24 pletion of the demonstration project under subsection (a), 

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1 gressional committees a report on the results of the dem2 onstration project. 

3 SEC. 409. THREATS RESEARCH AND DEVELOPMENT. 

4 (a) IN GENERAL.—The Under Secretary, in carrying 

5 out responsibilities under section 302 of the Homeland Se6 curity Act of 2002 (6 U.S.C. 182), may support research, 

7 development, testing, evaluation, and transition of tech8 nology that increases the Nation’s preparedness against 

9 chemical and biological threats and strengthens the Na10 tion’s preparedness and collective response against those 

11 threats through improved threat awareness and advanced 

12 surveillance, detection, and protective countermeasures, 

13 and to enhance the development of border security tech14 nology. 

15 (b) BIOLOGICAL SECURITY.—To carry out subsection 

16 (a), the Under Secretary may conduct research to develop 

17 understanding, technologies, and systems needed to pro18 tect against biological attacks on the Nation’s population 

19 or infrastructure, including— 

20 (1) providing advanced planning tools, concepts 

21 of operations (including alarm resolution protocols), 

22 and training exercises for responding to and recov23 ering from biological attacks; 

24 (2) developing biological assays and improved 

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1 tection times, lower costs, and the potential for in2 creased geographical coverage to the Nation when 

3 compared to existing homeland security technologies; 

4 (3) characterizing threats posed by biological 

5 weapons, anticipating future threats, conducting 

6 comprehensive threat and risk assessments to guide 

7 prioritization of the Nation’s biodefense investments, 

8 and developing population threat assessments that 

9 inform the issuance of material threat determina10 tions; 

11 (4) conducting bioforensics research in support 

12 of criminal investigations to aid attribution, appre13 hension, and prosecution of a terrorist or other per14 petrator of a biological attack, and providing tools 

15 and facilities that Federal law enforcement inves16 tigators need to analyze biological threat evidence re17 covered, including operation of the National Bio18 forensic Analysis Center; and 

19 (5) conducting appropriate research and studies 

20 that will increase our understanding of and uncer21 tainties associated with risk and threats posed by bi22 ological agents through the Biological Threat Char23 acterization Center and other means as determined 

24 by the Secretary. 


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1 (c) AGRICULTURAL SECURITY.—The Under Sec2 retary may conduct research and development to enhance 

3 the protection of the Nation’s agriculture and food system 

4 against terrorist attacks, and other emergency events 

5 through enhancement of current agricultural counter6 measures, development of new agricultural counter7 measures, and provision of safe, secure, state-of-the-art 

8 biocontainment laboratories for researching foreign animal 

9 and zoonotic diseases, including— 

10 (1) developing technologies to defend the Na11 tion against the natural and intentional introduction 

12 of selected foreign animal diseases, developing next13 generation vaccines and diagnostics in coordination 

14 with the Department of Agriculture, and modeling 

15 the spread of foreign animal diseases and their eco16 nomic impact to evaluate strategies for controlling 

17 outbreaks; and 

18 (2) leading the Department effort to enhance 

19 interagency coordination of research and develop20 ment of agricultural disease countermeasures. 

21 (d) CHEMICAL SECURITY.—The Under Secretary 

22 may develop technology to reduce the Nation’s vulner23 ability to chemical warfare agents and commonly used 

24 toxic industrial chemicals, including— 


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1 (1) developing a robust and enduring analytical 

2 capability in support of chemical countermeasures 

3 development, including developing and validating fo4 rensic methodologies and analytical tools, conducting 

5 risk and vulnerability assessments based on chemical 

6 threat properties, and maintaining infrastructure in7 cluding the Chemical Security Analysis Center; 

8 (2) developing technology to detect a chemical 

9 threat release; and 

10 (3) developing technologies and guidance docu11 ments to foster a coordinated approach to returning 

12 a chemically contaminated area to a normal condi13 tion, and to foster analysis of contaminated areas 

14 both before and after the restoration process. 

15 (e) RISK ASSESSMENTS.— 

16 (1) IN GENERAL.—The Under Secretary shall 

17 produce risk assessments for biological and chemical 

18 threats, and shall coordinate with the Director of the 

19 Domestic Nuclear Detection Office of the Depart20 ment, the Assistant Secretary of the Office of 

21 Health Affairs of the Department, and the Assistant 

22 Secretary of Infrastructure Protection of the De23 partment on an integrated risk assessment, includ24 ing regarding chemical, biological, radiological, nu25 clear, and explosive threats. 


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1 (2) USAGE.—The assessments required under 

2 paragraph (1) shall be used to inform and guide the 

3 threat assessments and determinations by the Sec4 retary regarding agents and toxins pursuant to sec5 tion 302(9) of the Homeland Security Act of 2002 

6 (6 U.S.C. 182(9)), and to guide prioritization of 

7 other homeland defense activities, as appropriate. 

8 (3) TASK FORCE.—The Under Secretary for 

9 Science and Technology shall convene an interagency 

10 task force of relevant subject matter experts to as11 sess the proposed methodology to be used for each 

12 assessment required under paragraph (1), and to 

13 provide recommendations to the Under Secretary as 

14 to the adequacy of such methodology. 

15 (f) BORDER SECURITY.—The Under Secretary may 

16 develop technology, in coordination with the Commissioner 

17 of Customs and Border Protection, to gain effective con18 trol of the international land borders of the United States 

19 within 5 years after the date of enactment of this Act. 

20 In carrying out such development activities, the Under 

21 Secretary shall ensure coordination and integration be22 tween new technologies developed and those already uti23 lized by U.S. Customs and Border Protection. 


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1 SEC. 410. MARITIME DOMAIN AWARENESS AND MARITIME 

2 SECURITY TECHNOLOGY TEST, EVALUATION, 

3 AND TRANSITION CAPABILITIES. 

4 (a) GLOBAL MARITIME DOMAIN AWARENESS AND

5 MARITIME SECURITY TECHNOLOGY TEST, EVALUATION, 

6 AND TRANSITION CAPABILITIES.— 

7 (1) ESTABLISHMENT.—The Secretary shall es8 tablish capabilities for conducting global maritime 

9 domain awareness and maritime security technology 

10 test, evaluation, and transition, as provided in this 

11 subsection. 

12 (2) PURPOSE.—The purpose of such capabili13 ties shall be to— 

14 (A) direct technology test, evaluation, and 

15 transition activities in furtherance of border 

16 and maritime security; and 

17 (B) evaluate such technology in diverse en18 vironments including coastal, seaport, and off19 shore locations. 

20 (b) COORDINATION.—The Secretary, acting through 

21 the Under Secretary, shall ensure that— 

22 (1) technology test, evaluation, and transition 

23 efforts funded by the Department in furtherance of 

24 border and maritime security avoid duplication of ef25 forts, reduce unnecessary redundancies, streamline 

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1 plement existing Department and other efforts in 

2 border and maritime security; and 

3 (2) the results of such efforts are shared with 

4 the appropriate congressional committees and others 

5 as determined appropriate by the Secretary. 

6 SEC. 411. RAPID BIOLOGICAL THREAT DETECTION AND 

7 IDENTIFICATION. 

8 (a) IN GENERAL.—Notwithstanding section 302(4) 

9 of the Homeland Security Act of 2002 (6 U.S.C. 182(4)), 

10 the Secretary shall require the Under Secretary, in con11 sultation with other relevant operational components of 

12 the Department, to assess whether the development of 

13 screening capabilities for pandemic influenza and other in14 fectious diseases should be undertaken by the Directorate 

15 to support entry and exit screening at ports of entry and 

16 for other purposes. 

17 (b) DEVELOPMENT OF METHODS.—If the Under 

18 Secretary determines that the development of such screen19 ing capabilities should be undertaken, the Secretary shall, 

20 to the extent possible, initiate development of safe and ef21 fective methods to rapidly screen incoming travelers at 

22 ports of entry for pandemic influenza and other infectious 

23 diseases. 


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1 (c) COLLABORATION.—In developing methods under 

2 subsection (b), the Secretary may collaborate with other 

3 Federal agencies, as appropriate. 

4 SEC. 412. EDUCATING THE PUBLIC ABOUT RADIOLOGICAL 

5 THREATS. 

6 (a) PUBLIC AWARENESS CAMPAIGN.—The Secretary 

7 shall develop a public awareness campaign to enhance pre8 paredness and collective response to a radiological attack, 

9 including the following: 

10 (1) A clear explanation of the dangers associ11 ated with radioactive materials. 

12 (2) Possible effects of different levels of radi13 ation exposure, including a clear description of the 

14 how radiation exposure occurs and the amount of ex15 posure necessary to be of concern. 

16 (3) Actions that members of the public should 

17 take regarding evacuation, personal decontamina18 tion, and medical treatment. 

19 (b) RECOVERY.—The Secretary shall develop a plan 

20 for postevent recovery from a radiological attack. Such 

21 plan shall include the following: 

22 (1) A definition of the demarcation between re23 sponse and recovery from a radiological attack. 

24 (2) Consideration of multiple attack scenarios, 

25 including a worst-case scenario. 


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1 (3) Consideration of multiple recovery strate2 gies, including decontamination, demolition and re3 moval, and relocation. 

4 (4) Consideration of economic, health, and psy5 chological effects. 

6 SEC. 413. RURAL RESILIENCE INITIATIVE. 

7 (a) IN GENERAL.—The Under Secretary shall con8 duct research intended to assist State, local, and tribal 

9 leaders and the private sector in developing the tools and 

10 methods to enhance preparation for, and response and re11 silience to, terrorist events and other incidents. 

12 (b) INCLUDED ACTIVITIES.—Activities under this 

13 section may include— 

14 (1) research and implementation through out15 reach activities with rural communities; 

16 (2) an examination of how communities employ 

17 resilience capabilities and response assets; 

18 (3) a community resilience baseline template for 

19 determining the resilience capacity of a rural com20 munity; 

21 (4) a plan to address community needs for re22 silience; 

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1 ity and mechanisms for mitigation, including via dis2 tance learning; and 

3 (6) a mechanism by which this research can 

4 serve as a model for adoption by communities across 

5 the Nation. 

6 SEC. 414. SENSE OF CONGRESS REGARDING THE NEED FOR 

7 INTEROPERABILITY STANDARDS FOR INTER8 NET PROTOCOL VIDEO SURVEILLANCE TECH9 NOLOGY. 

10 It is the sense of Congress that— 

11 (1) video surveillance systems that operate over 

12 the Internet are an emerging homeland security 

13 technology that has the potential of significantly im14 proving homeland security forensic and analytical 

15 capability; 

16 (2) to realize the full security benefits of such 

17 emerging homeland security technology, there should 

18 be interoperability standards for such technology; 

19 (3) the Directorate, working with the National 

20 Institute of Standards and Technology and any 

21 other appropriate Federal agencies, should encour22 age the private sector to develop interoperability 

23 standards for such emerging homeland security tech24 nology; and 


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1 (4) such efforts will help the Federal Govern2 ment, which is one of the largest users of surveil3 lance technology, in detecting, deterring, preventing, 

4 and responding to terrorist attacks. 

5 SEC. 415. HOMELAND SECURITY SCIENCE AND TECH6 NOLOGY FELLOWS PROGRAM. 

7 (a) IN GENERAL.—Title III of the Homeland Secu8 rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 

9 by adding at the end the following new section: 

10 ‘‘SEC. 324. HOMELAND SECURITY SCIENCE AND TECH11 NOLOGY FELLOWS PROGRAM. 

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

13 through the Under Secretary for Science and Technology, 

14 shall establish a fellows program, to be known as the 

15 Homeland Security Science and Technology Fellows Pro16 gram, under which the Under Secretary shall facilitate the 

17 temporary placement of scientists in relevant scientific or 

18 technological fields for up to two years in components of 

19 the Department with a need for scientific and techno20 logical expertise. 

21 ‘‘(b) UTILIZATION OF FELLOWS.— 

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

23 Under Secretary may employ fellows— 

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

25 Science and Technology; or 


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1 ‘‘(B) for the use of Department compo2 nents outside the Directorate, under an agree3 ment with the head of such a component under 

4 which the component will reimburse the Direc5 torate for the costs of such employment. 

6 ‘‘(2) RESPONSIBILITIES.—Under such an 

7 agreement— 

8 ‘‘(A) the Under Secretary shall— 

9 ‘‘(i) solicit and accept applications 

10 from individuals who are currently enrolled 

11 in graduate programs, or have received a 

12 graduate degree within 3 years prior to the 

13 time of application in scientific and engi14 neering fields related to the promotion of 

15 securing the homeland, including— 

16 ‘‘(I) biological, chemical, physical, 

17 behavioral, social, health, medical, and 

18 computational sciences; 

19 ‘‘(II) geosciences; 

20 ‘‘(III) all fields of engineering; 

21 and 

22 ‘‘(IV) such other disciplines as 

23 are determined relevant by the Sec24 retary; 


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1 ‘‘(ii) screen applicant candidates and 

2 interview them as appropriate to ensure 

3 that they 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 Department compo8 nents seeking to utilize qualified fellows; 

9 ‘‘(iv) pay financial compensation to 

10 such fellows; 

11 ‘‘(v) coordinate with the Chief Secu12 rity Officer to facilitate and expedite provi13 sion of security clearances to fellows, as 

14 appropriate; and 

15 ‘‘(vi) otherwise administer all aspects 

16 of the fellows’ employment with the De17 partment; and 

18 ‘‘(B) the head of the component utilizing 

19 the fellow shall— 

20 ‘‘(i) select a fellow from the list of 

21 qualified applicants provided by the Under 

22 Secretary; 

23 ‘‘(ii) reimburse the Under Secretary 

24 for the costs of employing the fellow se25 lected; and 


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

2 management of the fellow. 

3 ‘‘(c) APPLICATIONS FROM ASSOCIATIONS.—The 

4 Under Secretary may accept applications under subsection 

5 (b)(2)(A) that are submitted by science or policy associa6 tions on behalf of individuals whom such an association 

7 has determined may be qualified applicants under the pro8 gram.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of such Act is further amended by adding 

11 at the end of the items relating to title III the following 

12 new item: 

‘‘Sec. 324. Homeland Security Science and Technology Fellows Program.’’. 

13 SEC. 416. BIOLOGICAL THREAT AGENT ASSAY EQUIVA14 LENCY. 

15 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 

16 is further amended by adding at the end the following new 

17 section: 

18 ‘‘SEC. 325. BIOLOGICAL THREAT AGENT ASSAY EQUIVA19 LENCY PROGRAM. 

20 ‘‘(a) IN GENERAL.—To facilitate equivalent biological 

21 threat agent identification among federally operated bio22 monitoring programs, the Under Secretary, in consulta23 tion with other relevant Federal agencies, may implement 

24 an assay equivalency program for biological threat assays. 


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1 ‘‘(b) FEATURES.—In order to establish assay per2 formance equivalency to support homeland security and 

3 public health security decisions, the program may— 

4 ‘‘(1) evaluate biological threat detection assays, 

5 their protocols for use, and their associated response 

6 algorithms for confirmation of biological threat 

7 agents, taking performance measures and concepts 

8 of operation into consideration; and 

9 ‘‘(2) develop assay equivalency standards based 

10 on the findings of the evaluation under paragraph 

11 (1). 

12 ‘‘(c) UPDATE.—The Under Secretary shall update 

13 the program as necessary. 

14 ‘‘(d) IMPLEMENTATION.—The Secretary shall— 

15 ‘‘(1) require implementation of the standards 

16 developed under subsection (b)(2) for all Depart17 ment biomonitoring programs; and 

18 ‘‘(2) make such standards available to support 

19 all other Federal biomonitoring programs. 

20 ‘‘(e) ASSAY DEFINED.—In this section the term 

21 ‘assay’ means any scientific test that is— 

22 ‘‘(1) designed to detect the presence of a bio23 logical threat agent; and 

24 ‘‘(2) of a type selected under criteria estab25 lished by the Secretary.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) is further amended by adding at the end 

3 of the items relating to title III the following new item: 

‘‘Sec. 325. Biological threat agent assay equivalency program.’’. 

4 SEC. 417. STUDY OF FEASIBILITY AND BENEFIT OF EX5 PANDING OR ESTABLISHING PROGRAM TO 

6 CREATE A NEW CYBERSECURITY CAPACITY 

7 BUILDING TRACK AT CERTAIN INSTITUTIONS 

8 OF HIGHER EDUCATION. 

9 (a) IN GENERAL.—Within 90 days of enactment, the 

10 Secretary, in coordination with the National Science 

11 Foundation, shall commission a study by a nonprofit re12 search institution to determine the feasibility and potential 

13 benefit of expanding the Federal Cyber Service Scholar14 ship for Service Program, or establishing a parallel pro15 gram, as methods to create a new cybersecurity or infor16 mation assurance capacity building track at institutions 

17 of higher education that are not currently designated as 

18 a National Center of Academic Excellence in Information 

19 Assurance Education or a National Center of Academic 

20 Excellence in Research. 

21 (b) SUBJECT MATTERS.—The study under sub22 section (a) shall include examinations of the following: 

23 (1) The feasibility and potential benefit of al24 lowing the following types of institutions into the ex25 isting Federal Cyber Service program: 


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1 (A) Community colleges. 

2 (B) Institutions offering an undergraduate 

3 degree, graduate degree, or post-graduate de4 gree, but do not qualify under the existing pro5 gram. 

6 (C) Institutions offering a certificate or in7 dustry-recognized credential. 

8 (2) The feasibility and potential benefit of es9 tablishing a new program modeled after the Federal 

10 Cyber Service program to build capacity at— 

11 (A) community colleges; 

12 (B) institutions offering an undergraduate 

13 degree, graduate degree, or post-graduate de14 gree, but do not qualify under the existing pro15 gram; or 

16 (C) institutions offering a certificate or in17 dustry-recognized credential. 

18 (3) The projected extent to which an expansion 

19 of the existing Federal Cyber Service program as de20 scribed in paragraph (1) would— 

21 (A) expand the availability of qualified in22 dividuals to work in information assurance and 

23 cybersecurity within the Department and other 

24 Federal, State, local, and tribal agencies, and 

25 the private sector; 


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1 (B) encourage institutions of higher edu2 cation to develop a new information assurance 

3 or cybersecurity education undergraduate de4 gree programs, graduate degree programs, or 

5 programs conferring a certificate or industry6 recognized credential; 

7 (C) increase the number of students grad8 uating annually from existing information as9 surance or cybersecurity education under10 graduate degree programs, graduate degree 

11 programs, or programs conferring a certificate 

12 or industry-recognized credential; or 

13 (D) improve existing information assur14 ance or cybersecurity education undergraduate 

15 degree programs, graduate degree programs, or 

16 programs conferring a certificate or industry17 recognized credential. 

18 (4) The projected extent to which the establish19 ment of a new program modeled after the Federal 

20 Cyber Service program as described in paragraph 

21 (2) would— 

22 (A) expand the availability of qualified in23 dividuals to work in information assurance and 

24 cybersecurity within the Department and other 


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1 Federal, State, local, and tribal agencies, and 

2 the private sector; 

3 (B) encourage institutions of higher edu4 cation to develop a new information assurance 

5 or cybersecurity education undergraduate de6 gree programs, graduate degree programs, or 

7 programs conferring a certificate or industry8 recognized credential; 

9 (C) increase the number of students grad10 uating annually from existing information as11 surance or cybersecurity education under12 graduate degree programs, graduate degree 

13 programs, or programs conferring a certificate 

14 or industry-recognized credential; or 

15 (D) improve existing information assur16 ance or cybersecurity education undergraduate 

17 degree programs, graduate degree programs, or 

18 programs conferring a certificate or industry19 recognized credential. 

20 (c) REPORT.—Not later than 30 days after receiving 

21 the findings of the study, the Secretary shall transmit the 

22 findings, together with any comments thereon by the Sec23 retary, to the appropriate congressional committees. 


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1 SEC. 418. SENSE OF CONGRESS REGARDING CENTERS OF 

2 EXCELLENCE. 

3 It is the sense of Congress that centers of excellence 

4 have the potential— 

5 (1) to be a very useful tool in developing defen6 sive countermeasures to secure critical infrastructure 

7 and prevent terrorism; and 

8 (2) to play a key role in the Department’s ef9 forts to research and develop new technologies to se10 cure the homeland. 

11 SEC. 419. ASSESSMENT, RESEARCH, TESTING, AND EVALUA12 TION OF TECHNOLOGIES TO MITIGATE THE 

13 THREAT OF SMALL VESSEL ATTACK. 

14 The Under Secretary may— 

15 (1) assess what technologies are available to 

16 mitigate the threat of small vessel attack in secure 

17 zones of ports, including the use of transponders or 

18 radio frequency identification devices to track small 

19 vessels; and 

20 (2) conduct research, testing, and evaluation of 

21 new technologies that might be capable of tracking 

22 small vessels. 

23 SEC. 420. RESEARCH AND DEVELOPMENT PROJECTS. 

24 Section 831 (6 U.S.C. 391) is amended— 

25 (1) in subsection (a), by striking ‘‘2010,’’ and 

26 inserting ‘‘2012,’’; 


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1 (2) in subsection (a), by adding at the end the 

2 following new paragraph: 

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

4 the Under Secretary for Science and Technology in5 tends to exercise other transaction authority, the 

6 Under Secretary must receive prior approval from 

7 the Secretary after submitting to the Secretary a 

8 proposal that includes the rationale for why a grant 

9 or contract issued in accordance with the Federal 

10 Acquisition Regulation is not feasible or appropriate 

11 and the amount to be expended for such project. In 

12 such a case, the authority for evaluating the pro13 posal may not be delegated by the Secretary to any14 one other than the Under Secretary for Manage15 ment.’’; and 

16 (3) by redesignating subsection (e) as sub17 section (i), and by inserting after subsection (d) the 

18 following new subsections: 

19 ‘‘(e) ANNUAL REPORT ON EXERCISE OF OTHER

20 TRANSACTION AUTHORITY.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall submit 

22 to the appropriate congressional committees an an23 nual report on the exercise of other transaction au24 thority. 


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1 ‘‘(2) CONTENT.—The report shall include the 

2 following: 

3 ‘‘(A) The subject areas in which research 

4 projects were conducted using other transaction 

5 authority. 

6 ‘‘(B) The extent of cost-sharing for such 

7 projects among Federal and non-Federal 

8 sources. 

9 ‘‘(C) The extent to which use of other 

10 transaction authority has addressed a homeland 

11 security capability gap identified by the Depart12 ment. 

13 ‘‘(D) The total amount of payments, if 

14 any, that were received by the Federal Govern15 ment as a result of such exercise of other trans16 action authority during the period covered by 

17 the report. 

18 ‘‘(E) The rationale for using other trans19 action authority, including why grants or con20 tracts issued in accordance with the Federal 

21 Acquisition Regulation were not feasible or ap22 propriate. 

23 ‘‘(F) the amount expended for each such 

24 project. 


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1 ‘‘(f) TRAINING.—The Secretary shall develop a train2 ing program for acquisitions staff in the use of other 

3 transaction authority to help ensure the appropriate use 

4 of such authority. 

5 ‘‘(g) REVIEW AUTHORITY.—The exercise of other 

6 transaction authority shall be subject to review by the 

7 Comptroller General of the United States to ensure that 

8 an agency is not attempting to avoid the requirements of 

9 procurement statutes and regulations. 

10 ‘‘(h) OTHER TRANSACTION AUTHORITY DEFINED.— 

11 In this section the term ‘other transaction authority’ 

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

13 SEC. 421. NATIONAL URBAN SECURITY TECHNOLOGY LAB14 ORATORY. 

15 (a) IN GENERAL.—The National Urban Security 

16 Technology Laboratory (formerly the Environmental 

17 Measurements Laboratory) is authorized within the Direc18 torate for fiscal years 2011 and 2012. 

19 (b) RESPONSIBILITIES.—The Under Secretary shall 

20 utilize the National Urban Security Technology Labora21 tory to test, evaluate, and analyze homeland security capa22 bilities and serve as a technical authority to first respond23 ers and State and local entities, including by— 

24 (1) conducting test programs, pilots projects, 

25 demonstrations, and other forms of evaluations of 


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1 homeland security technologies both in the field and 

2 in the laboratory; 

3 (2) applying knowledge of operational end-user 

4 environments and support for operational integration 

5 to technology development, including— 

6 (A) training; 

7 (B) exercises; 

8 (C) equipment; 

9 (D) tactics; 

10 (E) techniques; and 

11 (F) procedures; 

12 (3) representing interests and requirements be13 tween technology developers and operational end14 users; and 

15 (4) supporting development and use of home16 land security equipment and operational standards. 

17 SEC. 422. HOMELAND SECURITY SCIENCE AND TECH18 NOLOGY ADVISORY COMMITTEE. 

19 Section 301 of the Homeland Security Act of 2002 

20 (6 U.S.C. 191) is amended— 

21 (1) by striking subsection (a) and inserting the 

22 following new subsection: 

23 ‘‘(a) There is established within the Department a 

24 science and technology advisory committee (in this section 

25 referred to as the ‘advisory committee’). The advisory 


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1 committee shall make recommendations with respect to 

2 the activities of the under secretary for science and tech3 nology, including— 

4 ‘‘(1) identifying research areas of potential im5 portance to the security of the Nation; and 

6 ‘‘(2) providing advice in developing and updat7 ing the strategic plan required under section 318.’’. 

8 (2) by striking subsection (j). 

9 TITLE V—DOMESTIC NUCLEAR 

10 DETECTION OFFICE 

11 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

12 There is authorized to be appropriated for the Do13 mestic Nuclear Detection Office of the Department— 

14 (1) $305,840,000 for fiscal year 2011; and 

15 (2) $315,005,000 for fiscal year 2012. 

16 SEC. 502. DOMESTIC NUCLEAR DETECTION OFFICE OVER17 SIGHT. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that the Directorate should conduct basic and inno20 vative research and nondevelopmental testing on behalf of 

21 the Domestic Nuclear Detection Office (in this section re22 ferred to as ‘‘DNDO’’), in order to advance next genera23 tion nuclear detection technologies. 

24 (b) INTERNAL REVIEW OF PROJECT SELECTION AND

25 EVALUATION METHODOLOGY.—Not later than 90 days 


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1 after the date of enactment of this Act, the Director of 

2 the DNDO, the Under Secretary, and the heads of all 

3 operational components of the Department that own, oper4 ate, or maintain nuclear or radiological detection equip5 ment shall begin an internal review of the methodology 

6 by which research, development, testing, and evaluation is 

7 identified, prioritized, and funded within the Department. 

8 (c) CONTENTS OF REVIEW.—In carrying out the re9 view under subsection (b), the Director of the DNDO 

10 shall— 

11 (1) identify the process by which basic and ap12 plied research and operational testing that should be 

13 conducted in concert and under agreement with the 

14 Directorate; 

15 (2) describe the roles, responsibilities, common 

16 definitions, standard operating procedures, and deci17 sion process for research, development, testing, and 

18 evaluation activities; 

19 (3) describe and implement a transparent sys20 tem for tracking research, development, testing, and 

21 evaluation requirements; 

22 (4) describe and implement a mechanism to 

23 provide regular updates to components of the De24 partment on the progress of such research; 


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1 (5) evaluate the degree to which needs of the 

2 operational components of the Department and 

3 State and local first responders are being adequately 

4 addressed by the existing project selection process, 

5 and if not, how such process can be improved; 

6 (6) establish a method to collect and evaluate 

7 Department component feedback; 

8 (7) utilize departmental matrices and systems 

9 to determine if technologies produced by the Direc10 torate have enhanced the ability of Department com11 ponents to perform their missions; 

12 (8) identify appropriate five-year levels of in13 vestment in basic and applied research and develop14 ment, in particular among the Department labora15 tories, federally funded research and development 

16 centers, university-based centers, Department of En17 ergy national laboratories, and other Federal labora18 tories; 

19 (9) project balance of use of the entities re20 ferred to in paragraph (8) among the Directorate 

21 and other Department components; and 

22 (10) establish a formal merit review process, 

23 with external peer review where appropriate. 

24 (d) REPORT.—Not later than one year after the com25 pletion of the review required by subsection (b), the DirecVerDate Mar 15 2010 02:08 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.RFS H4842

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1 tor of the DNDO shall submit to the Secretary and the 

2 appropriate congressional committees a report containing 

3 the findings of such review, together with information on 

4 the systems, methods, and mechanisms established, and 

5 recommendations for additional improvements. 

6 (e) UPDATES ON IMPLEMENTATION.—One hundred 

7 and twenty days after the date of enactment of this Act, 

8 and annually thereafter, the Inspector General of the De9 partment shall submit to the appropriate congressional 

10 committees an update on the status of implementation of 

11 this section and activities in support of such implementa12 tion. 

13 SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS 

14 FOR GLOBAL NUCLEAR DETECTION ARCHI15 TECTURE. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Secretary shall submit to the appropriate 

18 congressional committees a report containing the fol19 lowing: 

20 (1) A strategic plan for the global nuclear de21 tection architecture to deter and detect the transport 

22 of nuclear or radioactive materials by all means pos23 sible, with specific focus on establishing the goals, 

24 objectives, and cost projections for the next five 

25 years, including a discussion of— 


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1 (A) technological and nontechnological 

2 methods to increase detection capabilities; 

3 (B) the preventive nature of the global nu4 clear detection architecture, including projected 

5 impact on would-be terrorists; 

6 (C) detection capability enhancements for 

7 the various transportation modes, at ports of 

8 entry and between ports of entry; 

9 (D) balanced risk-based deployment of de10 tection assets across all border and other path11 ways; and 

12 (E) any emerging threat vectors identified 

13 by the Director of the Domestic Nuclear Detec14 tion Office. 

15 (2) In consultation with the Secretary of De16 fense, the Secretary of Energy, the Secretary of 

17 State, the Nuclear Regulatory Commission, the In18 telligence Community, and the Attorney General, an 

19 analysis of overall budget allocations that determines 

20 whether Government wide nuclear detection re21 sources clearly align with identified priorities to 

22 maximize results and minimize duplication of efforts. 

23 SEC. 504. RADIATION PORTAL MONITOR ALTERNATIVES. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that in view of the Secretary’s decision not to certify 


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1 advanced spectroscopic portal monitors for primary 

2 screening applications because they do not offer a signifi3 cant increase in operational effectiveness over existing 

4 technology, the Director must attempt to identify viable 

5 alternatives. 

6 (b) ANALYSIS AND REPORT.—The Director of the 

7 Domestic Nuclear Detection Office shall analyze and re8 port to the appropriate congressional committees by not 

9 later than 90 days after the date of enactment of this Act 

10 on both existing and developmental alternatives to existing 

11 radiation portal monitors and advanced spectroscopic por12 tal monitors that would provide the Department with a 

13 significant increase in operational effectiveness for pri14 mary screening for radioactive materials. 

15 SEC. 505. AUTHORIZATION OF SECURING THE CITIES INI16 TIATIVE. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) The Securing the Cities Initiative of the De19 partment uses next generation radiation detection 

20 technology to detect the transport of nuclear and ra21 diological material in urban areas by terrorists or 

22 other unauthorized individuals. 

23 (2) The technology used by partners in the Se24 curing the Cities Initiative leverages radiation detec25 tion technology used at ports of entry. 


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1 (3) The Securing the Cities Initiative has fos2 tered unprecedented collaboration and coordination 

3 among its Federal, State, and local partners. 

4 (4) The Securing the Cities Initiative is a crit5 ical national capability to detect the dangerous intro6 duction of nuclear and radiological material. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Of 

8 amounts authorized by section 501, there is authorized to 

9 be appropriated to the Director of the Domestic Nuclear 

10 Detection Office of the Department for the Securing the 

11 Cities Initiative such sums as may be necessary for each 

12 of fiscal years 2011 and 2012, including— 

13 (1) for each city in which it has been imple14 mented by fiscal year 2009— 

15 (A) $20,000,000 for fiscal year 2011; and 

16 (B) $10,000,000 for fiscal year 2012; and 

17 (2) for additional Securing the Cities initiatives 

18 to be implemented in not fewer than 2 sites partici19 pating in the Urban Area Security Initiative, such 

20 sums as may be necessary each fiscal year to imple21 ment and sustain each additional initiative. 


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1 TITLE VI—CLARIFYING 

2 AMENDMENTS 

3 SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOP4 MENT CENTERS. 

5 Section 305 (6 U.S.C. 184) is amended— 

6 (1) by inserting ‘‘(a) ESTABLISHMENT.—’’ be7 fore the first sentence; and 

8 (2) by adding at the end the following new sub9 sections: 

10 ‘‘(b) CONGRESSIONAL TASKING.—Upon a request of 

11 the chairman and the ranking minority member of an ap12 propriate congressional committee, a federally funded re13 search and development center established under this sec14 tion may perform independent analysis of homeland secu15 rity issues and report its findings to the appropriate con16 gressional committees and the Secretary. 

17 ‘‘(c) CONGRESSIONAL OVERSIGHT.—Federally fund18 ed research and development centers established under 

19 this section are encouraged, upon request of the chairman 

20 and the ranking minority member of an appropriate con21 gressional committee, to provide to the committee a copy 

22 of any report it produces for the Department or any of 

23 its components. 

24 ‘‘(d) CONFLICTS OF INTEREST.—The Secretary shall 

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1 partment relating to personnel conflicts of interest to en2 sure that such policies specifically address employees of 

3 federally funded research and development centers estab4 lished under this section who are in a position to make 

5 or materially influence research findings or agency deci6 sionmaking. 

7 ‘‘(e) ANNUAL REPORTS.—Each federally funded re8 search and development center established under this sec9 tion shall transmit to the Secretary and appropriate con10 gressional committees an annual report on the activities 

11 of the center.’’. 

12 SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTI13 TUTE. 

14 (a) REPEAL.—Section 312 (6 U.S.C. 192) is re15 pealed. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) is amended by striking the item relating 

18 to such section. 

19 SEC. 603. GAO STUDY OF THE IMPLEMENTATION OF THE 

20 STATUTORY RELATIONSHIP BETWEEN THE 

21 DEPARTMENT AND THE DEPARTMENT OF EN22 ERGY NATIONAL LABORATORIES. 

23 (a) IN GENERAL.—Not later than one year after the 

24 date of the enactment of this Act, the Comptroller General 

25 of the United States shall— 


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1 (1) conduct a study to assess the implementa2 tion of the statutory relationship between the De3 partment and the Department of Energy national 

4 laboratories, as established by section 309(a)(2) of 

5 the Homeland Security Act of 2002 (6 U.S.C. 

6 189(a)(2)); and 

7 (2) submit recommendations to the appropriate 

8 congressional committees for appropriate improve9 ments to such relationship. 

10 (b) STUDY SUBJECTS.—The study shall include the 

11 following: 

12 (1) Review of how the Department and the De13 partment of Energy national laboratories— 

14 (A) communicate needs and capabilities; 

15 and 

16 (B) select projects to be performed by the 

17 Department of Energy national laboratories 

18 under such statutory relationship. 

19 (2) Review of contracting mechanisms that the 

20 Department and the Department of Energy national 

21 laboratories use to initiate and track work under 

22 such statutory relationship. 

23 (3) Review of the fraction of Department of 

24 Energy national laboratory work performed for the 

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1 pared to other Department of Energy national lab2 oratory work performed for the Department on a 

3 ‘‘work for others’’ basis. 

4 (4) Review the cost savings identified by the 

5 Department and the Department of Energy achieved 

6 through use of such statutory relationship, compared 

7 to other Department of Energy national laboratory 

8 work performed for the Department on a ‘‘work for 

9 others’’ basis. 

10 SEC. 604. TECHNICAL CHANGES. 

11 Section 1902 of the Homeland Security Act (6 U.S.C. 

12 592) is amended by— 

13 (1) striking paragraph (6); and 

14 (2) redesignating paragraphs (7) through (14) 

15 as paragraphs (6) through (13), respectively. 

16 TITLE VII—COMMISSION ON THE 

17 PROTECTION OF CRITICAL 

18 ELECTRIC AND ELECTRONIC 

19 INFRASTRUCTURES 

20 SEC. 701. COMMISSION ON THE PROTECTION OF CRITICAL 

21 ELECTRIC AND ELECTRONIC INFRASTRUC22 TURES. 

23 (a) ESTABLISHMENT.—There is established the Com24 mission on the Protection of Critical Electric and ElecVerDate Mar 15 2010 02:08 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.RFS H4842

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1 tronic Infrastructures (in this section referred to as the 

2 ‘‘Commission’’). 

3 (b) PURPOSES.— 

4 (1) IN GENERAL.—The purposes of the Com5 mission are to— 

6 (A) assess vulnerabilities of electric and 

7 electronic infrastructures, including— 

8 (i) all components of the United 

9 States electric grid, including electricity 

10 generation, transmission, distribution and 

11 metering; and 

12 (ii) all computerized control systems 

13 used in all United States critical infra14 structure sectors; 

15 (B) provide a clear and comprehensive 

16 strategy and specific recommendations for pro17 tecting these critical electric and electronic in18 frastructures; and 

19 (C) test, evaluate, and report on specific 

20 mitigation protection and recovery devices or 

21 methods. 

22 (2) IN PARTICULAR.—The Commission shall 

23 give particular attention to threats that can disrupt 

24 or damage critical electric and electronic infrastruc25 tures, including— 


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1 (A) cyber attacks or unintentional cyber 

2 disruption; 

3 (B) electromagnetic phenomena such as 

4 geomagnetically induced currents, intentional 

5 electromagnetic interference, and electro6 magnetic pulses caused by nuclear weapons; 

7 and 

8 (C) other physical attack, act of nature, or 

9 accident. 

10 (c) COMPOSITION OF COMMISSION.— 

11 (1) MEMBERS.—The Commission shall be com12 posed of 9 members, of whom— 

13 (A) 1 member shall be appointed by the 

14 Chairman of the House of Representatives 

15 Committee on Homeland Security; 

16 (B) 1 member shall be appointed by the 

17 ranking minority member of the House of Rep18 resentatives Committee on Homeland Security; 

19 (C) 1 member shall be appointed by the 

20 Chairman of the House of Representatives 

21 Committee on Energy and Commerce; 

22 (D) 1 member shall be appointed by the 

23 ranking minority member of the House of Rep24 resentatives Committee on Energy and Com25 merce; 


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1 (E) 1 member shall be appointed by the 

2 Chairman of the Senate Committee on Home3 land Security and Governmental Affairs; 

4 (F) 1 member shall be appointed by the 

5 ranking minority member of the Senate Com6 mittee on Homeland Security and Govern7 mental Affairs; 

8 (G) 1 member shall be appointed by the 

9 Chairman of the Senate Committee on Energy 

10 and Natural Resources; 

11 (H) 1 member shall be appointed by the 

12 ranking minority member of the Senate Com13 mittee on Energy and Natural Resources; and 

14 (I) 1 member who shall serve as the Chair15 man of the Commission, and who shall be ap16 pointed by the Speaker of the House of Rep17 resentatives with the concurrence of the Presi18 dent Pro Tempore of the Senate. 

19 (2) QUALIFICATIONS.—It is the sense of Con20 gress that individuals appointed to the Commission 

21 should have significant depth of experience in elec22 tric and electronic infrastructures, their function, 

23 and their protection, as well as the threats to these 

24 infrastructures as identified in subsection (b)(2). 


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1 (3) DEADLINE FOR APPOINTMENT.—All mem2 bers of the Commission shall be appointed within 30 

3 days after the date of enactment of this Act. 

4 (4) INITIAL MEETING.—The Commission shall 

5 meet and begin the operations of the Commission as 

6 soon as practicable. 

7 (5) QUORUM; VACANCIES.—After its initial 

8 meeting, the Commission shall meet upon the call of 

9 the Chairman or a majority of its members. Six 

10 members of the Commission shall constitute a 

11 quorum. Any vacancy in the Commission shall not 

12 affect its powers, but shall be filled in the same 

13 manner in which the original appointment was 

14 made. 

15 (d) RESPONSIBILITIES OF COMMISSION.—The Com16 mission shall address— 

17 (1) the quantification of the threats identified 

18 in subsection (b)(2) to the United States electric and 

19 electronic infrastructure, and a cost-benefit analysis 

20 of possible protection and recovery strategies; 

21 (2) the roles, missions, and structure of all rel22 evant Federal, State, and local government depart23 ments and agencies with responsibilities for ensuring 

24 protection and reliability for electric and electronic 

25 infrastructures; 


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1 (3) the roles, missions, and structure of all rel2 evant private sector entities with responsibilities for 

3 ensuring protection and reliability for electric and 

4 electronic infrastructures; 

5 (4) inter-agency coordination between and 

6 among the entities identified in paragraphs (2) and 

7 (3); and 

8 (5) recommendations for protections and recov9 ery devices and measures. 

10 (e) POWERS OF COMMISSION.— 

11 (1) HEARINGS AND EVIDENCE.—The Commis12 sion or, on the authority of the Commission, any 

13 subcommittee or member thereof, may, for the pur14 pose of carrying out this section, hold such hearings 

15 and sit and act at such times and places, take such 

16 testimony, receive such evidence, and administer 

17 such oaths as the Commission or such designated 

18 subcommittee or designated member may determine 

19 advisable. 

20 (2) CONTRACTING.—The Commission may, to 

21 such extent and in such amounts as are provided in 

22 appropriations Acts, enter into contracts to enable 

23 the Commission to discharge its duties under this 

24 subtitle. 

25 (3) STAFF OF COMMISSION.— 


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1 (A) APPOINTMENT AND COMPENSATION.— 

2 The Chairman of the Commission, in accord3 ance with rules agreed upon by the Commis4 sion, may appoint and fix the compensation of 

5 a staff director and such other personnel as 

6 may be necessary to enable the Commission to 

7 carry out its functions, without regard to the 

8 provisions of title 5, United States Code, gov9 erning appointments in the competitive service, 

10 and without regard to the provisions of chapter 

11 51 and subchapter III of chapter 53 of such 

12 title relating to classification and General 

13 Schedule pay rates, except that no rate of pay 

14 fixed under this subsection may exceed the 

15 equivalent of that payable for a position at level 

16 I of the Executive Schedule under section 5316 

17 of title 5, United States Code. 

18 (B) PERSONNEL AS FEDERAL EMPLOY19 EES.— 

20 (i) IN GENERAL.—The executive di21 rector and any employees of the Commis22 sion shall be employees under section 2105 

23 of title 5, United States Code, for purposes 

24 of chapters 63, 81, 83, 84, 85, 87, 89, and 

25 90 of that title. 


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1 (ii) MEMBERS OF COMMISSION.—Sub2 paragraph (A) shall not be construed to 

3 apply to members of the Commission. 

4 (C) DETAILEES.—Any Federal Govern5 ment employee may be detailed to the Commis6 sion without reimbursement from the Commis7 sion, and such detailee shall retain the rights, 

8 status, and privileges of his or her regular em9 ployment without interruption. 

10 (D) CONSULTANT SERVICES.—The Com11 mission may procure the services of experts and 

12 consultants in accordance with section 3109 of 

13 title 5, United States Code, but at rates not to 

14 exceed the daily rate paid a person occupying a 

15 position at level I of the Executive Schedule 

16 under section 5315 of title 5, United States 

17 Code. 

18 (E) SECURITY CLEARANCES.—The Chair19 man shall place an emphasis on hiring and re20 taining employees, contractors, and detailees 

21 with active security clearances. For employees 

22 who do not have security clearances but are de23 termined by the Chairman to need them, the 

24 Central Intelligence Agency, Department of En25 ergy, Department of Defense, and any other 


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1 relevant agency shall expedite the necessary 

2 clearance processes. 

3 (F) FORMER EMP COMMISSION STAFF AND

4 RESOURCES.—The Chairman may make use of 

5 any existing and viable staff and resources pre6 viously employed by the Commission to Assess 

7 the Threat to the United States from Electro8 magnetic Pulse Attack established by section 

9 1401 of Public Law 106–398 (114 Stat. 

10 1654A–345). 

11 (4) INFORMATION FROM FEDERAL AGENCIES.— 

12 (A) IN GENERAL.—The Commission may 

13 secure directly from any executive department, 

14 bureau, agency, board, commission, office, inde15 pendent establishment, or instrumentality of the 

16 Government, information, suggestions, esti17 mates, and statistics for the purposes of this 

18 section. Each department, bureau, agency, 

19 board, commission, office, independent estab20 lishment, or instrumentality shall, to the extent 

21 authorized by law, furnish such information, 

22 suggestions, estimates, and statistics directly to 

23 the Commission, upon request made by the 

24 Chairman, the chairman of any subcommittee 

25 created by a majority of the Commission, or 


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1 any member designated by a majority of the 

2 Commission. 

3 (B) RECEIPT, HANDLING, STORAGE, AND

4 DISSEMINATION.—Information shall only be re5 ceived, handled, stored, and disseminated by 

6 members of the Commission and its staff con7 sistent with all applicable statutes, regulations, 

8 and Executive orders. 

9 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

10 (A) GENERAL SERVICES ADMINISTRA11 TION.—The Administrator of General Services 

12 shall provide to the Commission on a reimburs13 able basis and as necessary, administrative sup14 port and other services for the performance of 

15 the Commission’s functions. 

16 (B) OTHER DEPARTMENTS AND AGEN17 CIES.—In addition to the assistance prescribed 

18 in paragraph (1), departments and agencies of 

19 the United States may provide to the Commis20 sion such services, funds, facilities, staff, and 

21 other support services as they may determine 

22 advisable and as may be authorized by law. 

23 (6) GIFTS.—The Commission may accept, use, 

24 and dispose of gifts or donations of services or prop25 erty. 


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1 (7) POSTAL SERVICES.—The Commission may 

2 use the United States mails in the same manner and 

3 under the same conditions as departments and agen4 cies of the United States. 

5 (f) PUBLIC MEETINGS AND RELEASE OF PUBLIC

6 VERSIONS OF REPORTS.—The Commission shall— 

7 (1) hold public hearings and meetings to the ex8 tent appropriate; 

9 (2) release public versions of the report re10 quired under subsection (g); and 

11 (3) conduct any public hearing in a manner 

12 consistent with the protection of sensitive or classi13 fied information provided to or developed for or by 

14 the Commission as required by any applicable stat15 ute, regulation, or Executive order. 

16 (g) REPORT.—Not later than 180 days after the ap17 pointment of the Commission, and annually thereafter, the 

18 Commission shall submit to the President and Congress 

19 a report containing such findings, conclusions, and rec20 ommendations for protection and recovery measures for 

21 electric and electronic infrastructures as have been agreed 

22 to by a majority of Commission members. 

23 (h) FUNDING.—Of the amounts authorized by section 

24 101, there is authorized to be appropriated for the activi25 ties of the Commission under this section— 


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1 (1) $4,000,000 for fiscal year 2011; and 

2 (2) $4,000,000 for fiscal year 2012. 

3 TITLE VIII—BORDER SECURITY 

4 TECHNOLOGY INNOVATION 

5 SEC. 801. ENSURING RESEARCH ACTIVITIES OF THE DE6 PARTMENT OF HOMELAND SECURITY IN7 CLUDE APPROPRIATE CONCEPTS OF OPER8 ATION. 

9 The Under Secretary shall ensure that any Federal 

10 Government interagency or intra-agency agreement en11 tered into by the Under Secretary to develop and transi12 tion new technology explicitly characterizes the require13 ments, expected use, and concept of operations for that 

14 technology, including— 

15 (1) the manpower needed to effectively operate 

16 the technology; 

17 (2) the expected training requirements; and 

18 (3) the expected operations and maintenance 

19 costs. 

20 SEC. 802. REPORT ON BASIC RESEARCH NEEDS FOR BOR21 DER AND MARITIME SECURITY. 

22 Not later than 6 months after the date of enactment 

23 of this Act, the Under Secretary shall enter into an ar24 rangement with the National Research Council for a one25 year assessment of the basic science research needs in the 


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1 border and maritime security domain. The assessment 

2 shall include consideration of— 

3 (1) detection, tracking, and identification tech4 nologies for cargo and people; 

5 (2) personal protective equipment; 

6 (3) document security and authentication tech7 nologies; 

8 (4) nonradiological advanced screening tech9 nologies at ports of entry; and 

10 (5) technologies for real time tactical scene 

11 awareness. 

12 SEC. 803. INCORPORATING UNMANNED AERIAL VEHICLES 

13 INTO BORDER AND MARITIME AIRSPACE. 

14 (a) RESEARCH AND DEVELOPMENT.—The Secretary 

15 and the Director of the Joint Planning and Development 

16 Office shall research and develop technologies to permit 

17 routine operation of unmanned aerial vehicles, including 

18 autonomously piloted drones, within the national airspace 

19 for border and maritime security missions without any 

20 degradation of existing levels of safety for all national air21 space system users. 

22 (b) PILOT PROJECTS.—The Secretary shall coordi23 nate with the Administrator of the Federal Aviation Ad24 ministration and the Director of the Joint Planning Office 

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1 sity Class G air traffic airspace to conduct experiments 

2 and collect data in order to accelerate the safe integration 

3 of unmanned aircraft systems into the national airspace 

4 system as part of research activities of the Joint Planning 

5 and Development Office. 

6 SEC. 804. ESTABLISHING A RESEARCH PROGRAM IN TUN7 NEL DETECTION. 

8 (a) RESEARCH AND DEVELOPMENT.—The Under 

9 Secretary shall research and develop technologies to per10 mit detection of near surface voids, such as tunnels, with 

11 an emphasis on technologies with real time capability. 

12 (b) COORDINATION.—The Secretary shall coordinate 

13 with other appropriate Federal agencies, including the De14 partment of Defense and the United States Geological 

15 Survey, and ensure the integration of activities under sub16 section (a) with relevant efforts of such other agencies and 

17 the Department’s Centers of Excellence Program. 

18 SEC. 805. RESEARCH IN DOCUMENT SECURITY AND AU19 THENTICATION TECHNOLOGIES. 

20 (a) ESTABLISHMENT OF PROGRAM.—The Under Sec21 retary, in coordination with the Director of the National 

22 Institute of Standards and Technology, shall conduct a re23 search and development program on document security, 

24 validation, and authentication technologies and standards. 

25 The program may include assessment or development of 


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1 imitation-resistant and tamper-resistant documentation, 

2 imitation-resistant or tamper-resistant devices, document 

3 validation and authentication technologies, and document 

4 identification standards. 

5 (b) COORDINATION.—In carrying out the program in 

6 subsection (a), the Under Secretary shall coordinate with 

7 other Federal agencies engaged in similar activities, in8 cluding Immigration and Customs Enforcement, the De9 partment of State, the Department of Defense, the United 

10 States Coast Guard, and the Department of Justice. 

11 (c) REPORT TO CONGRESS.—Not later than 12 

12 months after the date of enactment of this Act, the Under 

13 Secretary and the Director of the National Institute of 

14 Standards and Technology shall provide to the Committee 

15 on Homeland Security and the Committee on Science and 

16 Technology of the House of Representatives, and the Com17 mittee on Homeland Security and Government Affairs of 

18 the Senate, a report detailing the actions taken by the 

19 Under Secretary and the Director under this section. 

20 SEC. 806. STUDY ON GLOBAL POSITIONING SYSTEM TECH21 NOLOGIES. 

22 (a) IN GENERAL.—The Under Secretary shall con23 duct a study of the need for next generation global posi24 tioning system technology as it relates to border security, 

25 including— 


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1 (1) conducting an analysis of the frequency of 

2 unintended border crossings and the capability of 

3 global positioning system technologies to address un4 intended border crossings by government personnel; 

5 (2) undertaking an examination of the potential 

6 end user requirements for global positioning system 

7 technologies, including cost limitations, accessibility, 

8 and reliability; and 

9 (3) developing recommendations for potential 

10 near-term and long-term research, development, test11 ing, and evaluation of border security-focused global 

12 positioning technologies. 

13 (b) CONSULTATION.—In conducting the study under 

14 subsection (a), the Under Secretary shall consult with 

15 U.S. Customs and Border Protection, the National Insti16 tute of Standards and Technology and appropriate Fed17 eral, State, and local law enforcement officials. 

18 (c) REPORT.—Not later than 1 year after the date 

19 of enactment of this Act, the Under Secretary shall report 

20 to Congress the findings of the study conducted under this 

21 section. 

22 SEC. 807. STUDY OF MOBILE BIOMETRIC TECHNOLOGIES 

23 AT THE BORDER. 

24 (a) IN GENERAL.—The Under Secretary, in coordi25 nation with the Commissioner of United States Customs 


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1 and Border Protection, shall establish a research program 

2 on the use of mobile biometric technology at the Nation’s 

3 borders between the ports of entry, including— 

4 (1) conducting an analysis of existing mobile bi5 ometric technologies and the extent to which they 

6 can be deployed in Border Patrol agents’ vehicles 

7 and used at the border, in terms of operability, reli8 ability, cost, and overall benefit to border operations; 

9 (2) undertaking an examination of the potential 

10 end-user requirements of mobile biometric tech11 nology by the Border Patrol and other relevant end12 users; 

13 (3) developing recommendations for addressing 

14 capability gaps in mobile biometric technologies; and 

15 (4) examining the feasibility of implementing a 

16 pilot program for use of mobile biometric tech17 nologies at the border. 

18 (b) CONSULTATION.—In conducting the research pro19 gram under subsection (a), the Under Secretary shall con20 sult the National Institute of Standards and Technology, 

21 other appropriate Federal agencies, and appropriate Fed22 eral, State, and local law enforcement officials. 

23 (c) COORDINATION.—The Secretary shall ensure that 

24 the research program is coordinated with other biometric 

25 identification programs within the Department. 


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1 (d) REPORT.—Not later than 6 months after the date 

2 of enactment of this Act, the Under Secretary shall trans3 mit to Congress a report on the findings of the research 

4 program conducted under this section. 

5 SEC. 808. AUTHORIZATION OF APPROPRIATIONS. 

6 Of the amount authorized by section 101 of this Act, 

7 such sums as may be necessary are authorized to be ap8 propriated to carry out this title. 

Passed the House of Representatives July 20, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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