I 

111TH CONGRESS 

2D SESSION H. R. 4842 

To authorize appropriations for the Directorate of Science and Technology 

of the Department of Homeland Security for fiscal years 2011 and 

2012, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2010 

Ms. CLARKE (for herself, Mr. THOMPSON of Mississippi, and Mr. DANIEL E. 

LUNGREN of California) introduced the following bill; which was referred 

to the Committee on Homeland Security 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Science and Technology Authorization Act of 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 4842 IH

Sec. 4. References. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Authorization of appropriations. 

TITLE II—MANAGEMENT AND ADMINISTRATION 

Sec. 201. Management directive; professional development; milestones and feedback. 

Sec. 202. Office of Testing, Evaluation, and Standards. 

Sec. 203. Peer review. 

Sec. 204. Office of Public-Private Partnerships. 

TITLE III—REPORTS 

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

Sec. 302. Report on technology requirements. 

Sec. 303. Report on venture capital organization. 

TITLE IV—DIRECTORATE OF SCIENCE AND TECHNOLOGY 

PROGRAMS 

Sec. 401. Limitations on research. 

Sec. 402. University-based centers. 

Sec. 403. Review of university-based centers. 

Sec. 404. Cybersecurity research and development. 

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

Sec. 406. Research on cyber compromise of infrastructure. 

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

Sec. 408. Underwater tunnel security demonstration project. 

Sec. 409. Chemical and biological 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 survellance technology. 

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 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. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•HR 4842 IH

1 (1) APPROPRIATE CONGRESSIONAL COM2 MITTEE.—The term ‘‘appropriate congressional com3 mittee’’ means the Committee on Homeland Security 

4 of the House of Representatives and any committee 

5 of the House of Representatives or the Senate hav6 ing legislative jurisdiction under the rules of the 

7 House of Representatives or Senate, respectively, 

8 over the matter concerned. 

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

10 means the Department of Homeland Security. 

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

12 means the Directorate of Science and Technology of 

13 the Department. 

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

15 the Secretary of Homeland Security. 

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

17 Secretary’’ means the Under Secretary for Science 

18 and Technology of the Department. 

19 SEC. 4. REFERENCES. 

20 Except as otherwise specifically provided, whenever in 

21 this Act an amendment or repeal is expressed in terms 

22 of an amendment to, or repeal of, a provision, the ref23 erence shall be considered to be made to a provision of 

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

25 seq.). 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•HR 4842 IH

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. MANAGEMENT DIRECTIVE; PROFESSIONAL DE11 VELOPMENT; MILESTONES AND FEEDBACK. 

12 (a) IN GENERAL.—Subtitle D of title II (6 U.S.C. 

13 161 et seq.) is amended— 

14 (1) in the subtitle heading, by striking ‘‘Office 

15 of’’; 

16 (2) in the heading for section 231, by inserting 

17 ‘‘of Science and Technology’’ after ‘‘Office’’; and 

18 (3) by adding at the end the following new sec19 tions: 

20 ‘‘SEC. 236. MANAGEMENT DIRECTIVE. 

21 ‘‘(a) REQUIREMENT.—The Secretary shall— 

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

23 of enactment of this section, issue a management di24 rective detailing how basic and applied homeland se25 curity research shall be identified, prioritized, fundVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
5 

•HR 4842 IH

1 ed, tasked, and evaluated by the Directorate of 

2 Science and Technology, including the roles and re3 sponsibilities of the Under Secretary for Science and 

4 Technology, the Under Secretary for Policy, the 

5 Under Secretary for Management, the Director of 

6 the Office of Risk Management and Analysis, and 

7 the heads of operational components of the Depart8 ment; and 

9 ‘‘(2) to the greatest extent possible, the Sec10 retary shall seek to publicize the directive for the 

11 purpose of informing the Federal, State, and local 

12 governments, first responders, and the private sec13 tor. 

14 ‘‘(b) CONTENTS OF MANAGEMENT DIRECTIVE.—The 

15 management directive shall— 

16 ‘‘(1) identify the Directorate’s customers within 

17 and outside of the Department; 

18 ‘‘(2) describe the risk formula and risk assess19 ment tools that the Department considers to iden20 tify, prioritize, and fund homeland security research 

21 projects; 

22 ‘‘(3) describe the methodology to be used by the 

23 Directorate to task projects to research entities, in24 cluding the national laboratories, federally funded 


smartinez on DSKB9S0YB1PROD with BILLS
6 

•HR 4842 IH

1 research and development centers, and university2 based centers; 

3 ‘‘(4) require the Directorate to develop proto4 cols to assess off-the-shelf technology to determine if 

5 an identified homeland security capability gap can 

6 be addressed through the acquisition process instead 

7 of commencing research and development of tech8 nology to address that capability gap; 

9 ‘‘(5) require the Directorate to strengthen first 

10 responder participation in identifying and 

11 prioritizing homeland security technological gaps 

12 by— 

13 ‘‘(A) soliciting feedback from national as14 sociations and advisory groups representing the 

15 first responder community and first responders 

16 within the components of the Department; 

17 ‘‘(B) establishing and promoting a publicly 

18 accessible portal to allow the first responder 

19 community to help the Directorate develop 

20 homeland security research and development 

21 goals; and 

22 ‘‘(C) establishing a mechanism to publicize 

23 the Department’s funded and unfunded home24 land security technology priorities; and 


smartinez on DSKB9S0YB1PROD with BILLS
7 

•HR 4842 IH

1 ‘‘(6) include such other requirements, policies, 

2 and practices as the Secretary considers necessary. 

3 ‘‘(c) ACTIVITIES IN SUPPORT OF THE MANAGEMENT

4 DIRECTIVE.—Not later than 180 days after the date of 

5 the issuance of the management directive, the Secretary 

6 shall— 

7 ‘‘(1) establish a mandatory workforce program 

8 for the Directorate’s customers in the Department 

9 to better identify and prioritize homeland security 

10 capability gaps that may be addressed by a techno11 logical solution based on the assessment required 

12 under section 237(a)(2); 

13 ‘‘(2) establish a system to collect feedback from 

14 customers of the Directorate on the performance of 

15 the Directorate, that includes metrics for measuring 

16 customer satisfaction and the usefulness of any tech17 nology or service provided by the Directorate; and 

18 ‘‘(3) any other activities that the Secretary con19 siders to be necessary to implement the management 

20 directive. 

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

22 One hundred and twenty days after the date of enactment 

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

24 Inspector General of the Department shall submit a quar25 terly update to the appropriate congressional committees 


smartinez on DSKB9S0YB1PROD with BILLS
8 

•HR 4842 IH

1 on the status of implementation of the management direc2 tive and activities in support of the directive. 

3 ‘‘(e) RISK ANALYSIS.—In carrying out subsection 

4 (b)(2), the Secretary shall— 

5 ‘‘(1) submit to the appropriate congressional 

6 committees by not later than 90 days after the date 

7 of enactment of this subsection and annually— 

8 ‘‘(A) a prioritized risk analysis describing 

9 the greatest risks to the homeland, that in10 cludes vulnerability studies, asset values (in11 cluding asset values for intangible assets), esti12 mated rates of occurrence, countermeasures em13 ployed, loss expectancy, cost/benefit analyses, 

14 and other practices generally associated with 

15 producing a comprehensive risk analysis; 

16 ‘‘(B) an analysis of the Directorate’s ap17 proach to mitigating the homeland security 

18 risks identified under subparagraph (A) 

19 through basic and applied research, develop20 ment, demonstration, testing, and evaluation 

21 activities; 

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

23 metrics, of the effectiveness of the Directorate 

24 in reducing the homeland security risks identi25 fied under subparagraph (A) through the deVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
9 

•HR 4842 IH

1 ployment of homeland security technologies re2 searched or developed by the Directorate; 

3 ‘‘(D) recommendations for how the Direc4 torate should modify or amend its research and 

5 development activities in order to reduce the 

6 risks to the homeland identified under subpara7 graph (A); 

8 ‘‘(E) a description of how the assessments 

9 required under subparagraph (A) shall be used 

10 to inform, guide, and prioritize the Depart11 ment’s homeland security research and develop12 ment activities; and 

13 ‘‘(F) a description of input from other rel14 evant Federal, State, or local agencies and rel15 evant private sector entities in conducting the 

16 risk assessment required by subparagraph (A); 

17 and 

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

19 to most effectively communicate information regard20 ing the risks associated with the various threats 

21 identified in paragraph (1) to the media as well as 

22 directly to the public, both on an ongoing basis and 

23 during a terrorist attack or other incident. 

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


smartinez on DSKB9S0YB1PROD with BILLS
10 

•HR 4842 IH

1 ‘‘(1) IN GENERAL.—Not later than 60 days 

2 after the date of enactment of this subsection and 

3 annually thereafter, the Secretary shall submit a re4 port to the appropriate congressional committees 

5 containing the research, development, testing, eval6 uation, prototyping, and deployment activities under7 taken by the Homeland Security Advanced Research 

8 Projects Agency during the previous fiscal year, in9 cluding funds expended for such activities in the pre10 vious fiscal year. 

11 ‘‘(2) CONTENTS.—For each activity under12 taken, the report shall— 

13 ‘‘(A) describe the corresponding risk anal14 ysis performed by the Department that sup15 ports the decision to undertake in that activity; 

16 and 

17 ‘‘(B) describe the efforts made to transi18 tion that activity into a Federal, State, or local 

19 acquisition program. 

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

21 shall include in each report a description of each 

22 proposal that was reviewed in the period covered by 

23 the report by the Director of the Homeland Security 

24 Advanced Research Projects Agency under section 

25 313(d)(3), including a statement of whether the proVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
11 

•HR 4842 IH

1 posal received a grant, cooperative agreement, or 

2 contract from the Director. 

3 ‘‘SEC. 237. PROFESSIONAL DEVELOPMENT. 

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

5 establishing the mandatory workforce program as required 

6 by section 236(c)(1), the Secretary shall submit a report 

7 to the appropriate congressional committees that includes 

8 the following: 

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

10 technological requirements are developed by the Di11 rectorate of Science and Technology’s customers 

12 within the Department. 

13 ‘‘(2) An assessment of whether Department em14 ployees receive adequate and appropriate job train15 ing to allow them to identify, express, and prioritize 

16 homeland security capability gaps. 

17 ‘‘(3) A plan for how the Directorate, in coordi18 nation with the Domestic Nuclear Detection Office 

19 and other Department components, can enhance and 

20 improve the technology requirements development 

21 and the technology acquisition process, to accelerate 

22 the delivery of effective, suitable technologies that 

23 meet performance requirements and appropriately 

24 address an identified homeland security capability 

25 gap. 


smartinez on DSKB9S0YB1PROD with BILLS
12 

•HR 4842 IH

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

2 authorize, in addition to the program required under 

3 section 236(c)(1), a training program for Depart4 ment employees to be trained in requirements writ5 ing and acquisition, that— 

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

7 Department of Veteran’s Affairs Acquisition 

8 Academy, the Defense Acquisition University, 

9 the Inspector General of the Department, and 

10 the Government Accountability Office; and 

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

12 additional training should be authorized by 

13 Congress, includes specification about— 

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

15 of Department employees who would ben16 efit from such training, including an esti17 mate of the number of such employees; 

18 ‘‘(ii) a suggested curriculum for the 

19 training; 

20 ‘‘(iii) the type and skill set of edu21 cators who could most effectively teach 

22 these skills; 

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

24 training; 


smartinez on DSKB9S0YB1PROD with BILLS
13 

•HR 4842 IH

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. 238. TRACKING SYSTEMS, RESEARCH MILESTONES, 

13 AND CUSTOMER FEEDBACK. 

14 ‘‘(a) IN GENERAL.—In establishing a system to col15 lect feedback under section 236(c)(2), the Secretary 

16 shall— 

17 ‘‘(1) establish a system to monitor and account 

18 for homeland security research milestones; and 

19 ‘‘(2) create a formal process for collecting feed20 back from customers on the effectiveness of the 

21 technology or services delivered by Directorate. 

22 ‘‘(b) SYSTEM.—The system established under sub23 section (a)(1) shall identify and account for research mile24 stones to monitor the progress of Directorate of Science 

25 and Technology research, development, testing, and evalVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
14 

•HR 4842 IH

1 uation activities, and collect information from the Direc2 torate’s customers about their level of satisfaction with the 

3 performance of the Directorate, including by— 

4 ‘‘(1) allowing the Directorate to provide regular 

5 reports to its customers regarding the status and 

6 progress of research efforts of the Directorate; 

7 ‘‘(2) collecting and evaluating customer feed8 back; 

9 ‘‘(3) allowing the Secretary to evaluate how a 

10 technology or service produced as a result of the Di11 rectorate’s programs have affected homeland secu12 rity capability gaps; and 

13 ‘‘(4) allowing the Secretary to report the num14 ber of products and services developed by the Direc15 torate that have been transitioned into acquisition 

16 programs. 

17 ‘‘(c) MANAGEMENT DIRECTIVE.—The Under Sec18 retary of Science and Technology shall issue a manage19 ment directive creating, publicizing, and implementing 

20 guidance for homeland security researchers funded by the 

21 Directorate on setting valid initial and subsequent re22 search milestones. The directive may include penalties for 

23 research milestones missed, disincentives for continuing 

24 projects that are unlikely to meet objectives, and financial 


smartinez on DSKB9S0YB1PROD with BILLS
15 

•HR 4842 IH

1 and professional incentives and awards for the timely com2 pletion of successful projects within budget. 

3 ‘‘(d) REPORT.—The Under Secretary shall submit a 

4 report to the appropriate congressional committees— 

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

6 of enactment of this Act identifying what actions 

7 have been taken to carry out the requirements of 

8 this section; and 

9 ‘‘(2) annually thereafter describing— 

10 ‘‘(A) research milestones in the conduct of 

11 research and development by the Directorate 

12 that have been met and missed, including a de13 scription of any incentives, awards, disincen14 tives, or penalties implemented as a result of 

15 those met and missed milestones; and 

16 ‘‘(B) customer feedback collected, includ17 ing an evaluation of the effectiveness of the 

18 technology or services delivered by the Direc19 torate.’’. 

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

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

22 D of title II— 

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

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


smartinez on DSKB9S0YB1PROD with BILLS
16 

•HR 4842 IH

1 (2) in the item relating to section 231, by in2 serting ‘‘of Science and Technology’’ after ‘‘Office’’; 

3 and 

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

5 items: 

‘‘Sec. 236. Management directive. 

‘‘Sec. 237. Professional development. 

‘‘Sec. 238. Tracking systems, research milestones, and customer feedback.’’. 

6 SEC. 202. OFFICE OF TESTING, EVALUATION, AND STAND7 ARDS. 

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

9 at the end the following new subsection: 

10 ‘‘(d) OFFICE OF TESTING, EVALUATION, AND

11 STANDARDS.— 

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

13 within the Directorate of Science and Technology an 

14 Office of Testing, Evaluation, and Standards, which 

15 shall be headed by a Director. 

16 ‘‘(2) PURPOSE.—The purpose of the Office is to 

17 assist the components of the Department and other 

18 customers in developing plans, processes, and proce19 dures for conducting operational testing and per20 formance testing to verify attainment of technical 

21 performance specifications and operational effective22 ness and suitability. 

23 ‘‘(3) LIMITATIONS.—The Office is not required 

24 to carry out its own operational testing. 


smartinez on DSKB9S0YB1PROD with BILLS
17 

•HR 4842 IH

1 ‘‘(4) RESPONSIBILITIES.—The Director of the 

2 Office shall be responsible for the following activities 

3 at the Department: 

4 ‘‘(A) TESTING AND EVALUATION POLI5 CIES.— 

6 ‘‘(i) Establishing policies and pro7 grams to support the development, coordi8 nation, and operational management of 

9 testing and evaluation standards for the 

10 Department. 

11 ‘‘(ii) Establishing policy, on behalf of 

12 the Secretary, under which operation and 

13 evaluation testing are reviewed and ap14 proved by the Secretary. 

15 ‘‘(iii) Integrating, coordinating, and 

16 leveraging public and private sector testing 

17 and evaluation infrastructure to meet the 

18 Department’s current and future tech19 nology development needs. 

20 ‘‘(iv) Advise the Secretary as to 

21 whether the plans, processes, and proce22 dures proposed for testing and evaluation 

23 that components of the Department intend 

24 to utilize should be approved. 

25 ‘‘(B) STANDARDS DEVELOPMENT.— 


smartinez on DSKB9S0YB1PROD with BILLS
18 

•HR 4842 IH

1 ‘‘(i) Developing and coordinating the 

2 adoption of national standards and appro3 priate evaluation methods for technology to 

4 address homeland security capability gaps. 

5 ‘‘(ii) Developing and implementing an 

6 overarching strategy for the qualification 

7 and certification of homeland security tech8 nologies and accreditation of facilities and 

9 programs of the Department. 

10 ‘‘(iii) Encouraging investments and 

11 competition in homeland security tech12 nologies by fostering standardization of 

13 performance metrics and quality measures 

14 for first responder technologies. 

15 ‘‘(iv) Providing guidance, rec16 ommendations, and technical assistance, as 

17 appropriate, to assist Federal, State, and 

18 local government and private sector efforts 

19 to evaluate and implement the use of 

20 homeland security technologies.’’. 

21 SEC. 203. PEER REVIEW. 

22 (a) RESPONSIBILITIES AND AUTHORITIES OF THE

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

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

25 of paragraph (1), by striking the period at the end of paraVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
19 

•HR 4842 IH

1 graph (14) and inserting ‘‘; and’’, and by adding at the 

2 end the following new paragraph: 

3 ‘‘(15) developing and overseeing the administra4 tion of guidelines for peer review of research and de5 velopment projects, including by— 

6 ‘‘(A) consulting with experts, including sci7 entists and practitioners, about the research 

8 and development conducted by the Directorate 

9 of Science and Technology; and 

10 ‘‘(B) performing ongoing independent, ex11 ternal, scientific peer review— 

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

13 ‘‘(ii) when divisions conduct multiple 

14 programs focused on significantly different 

15 subjects, at the program level.’’. 

16 (b) REPORT.—The Secretary shall submit a report to 

17 Congress not later than 60 days after the completion of 

18 the first review under section 302(15)(B) of the Homeland 

19 Security Act of 2002, as amended by subsection (a) of 

20 this section, that— 

21 (1) summarizes the findings of the review; and 

22 (2) describes future efforts to ensure that the 

23 Department’s research projects are peer reviewed, 

24 where appropriate. 


smartinez on DSKB9S0YB1PROD with BILLS
20 

•HR 4842 IH

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

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

3 is amended to read as follows: 

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

5 ‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab6 lished an Office of Public-Private Partnerships in the Di7 rectorate of Science and Technology. 

8 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di9 rector, who shall be appointed by the Secretary. The Di10 rector shall report to the Under Secretary. 

11 ‘‘(c) RESPONSIBILITIES.—The Director shall have 

12 the authority to— 

13 ‘‘(1) provide guidance on how to pursue pro14 posals to develop or deploy homeland security tech15 nologies (including regarding Federal funding, regu16 lation, or acquisition), including to persons associ17 ated with small businesses (as that term is defined 

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

19 ‘‘(2) coordinate with components of the Depart20 ment to issue announcements seeking unique and in21 novative homeland security technologies to address 

22 homeland security capability gaps; 

23 ‘‘(3) promote interaction between homeland se24 curity researchers and private sector companies in 

25 order to accelerate transition research or a prototype 


smartinez on DSKB9S0YB1PROD with BILLS
21 

•HR 4842 IH

1 into a commercial product and streamline the han2 dling of intellectual property; and 

3 ‘‘(4) conduct technology research assessment 

4 and marketplace analysis for the purpose of identi5 fying, leveraging, and integrating best-of-breed tech6 nologies and capabilities from industry, academia, 

7 and other Federal Government agencies, and dis8 seminate research and findings to Federal, State, 

9 and local governments. 

10 ‘‘(d) RAPID REVIEW DIVISION.— 

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

12 the Rapid Review Division within the Office of Pub13 lic-Private Partnerships. 

14 ‘‘(2) PURPOSE AND DUTIES.— 

15 ‘‘(A) IN GENERAL.—The Division— 

16 ‘‘(i) is responsible for maintaining a 

17 capability to perform business and tech18 nical reviews to assist in screening unsolic19 ited homeland security technology pro20 posals submitted to the Secretary; and 

21 ‘‘(ii) shall assess the feasibility, sci22 entific and technical merits, and estimated 

23 cost of such proposals. 

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

25 these duties, the Division shall— 


smartinez on DSKB9S0YB1PROD with BILLS
22 

•HR 4842 IH

1 ‘‘(i) maintain awareness of the techno2 logical requirements of the Directorate’s 

3 customers; 

4 ‘‘(ii) establish and publicize accessible, 

5 streamlined procedures allowing a partici6 pant to have their technology assessed by 

7 the Division; 

8 ‘‘(iii) make knowledgeable assessments 

9 of a participant’s technology after receiving 

10 a business plan, a technology proposal, and 

11 a list of corporate officers, directors, and 

12 employees with technical knowledge of the 

13 proposal, within 60 days after such a sub14 mission; and 

15 ‘‘(iv) review proposals submitted by 

16 components of the Department to the Divi17 sion, subject to subsection (e). 

18 ‘‘(3) COORDINATION.—The Director shall refer 

19 promising homeland security technology research, 

20 development, testing, and evaluation proposals, along 

21 with any business and technical reviews, to the Di22 rector of the Homeland Security Advanced Research 

23 Projects Agency and appropriate Department com24 ponents for consideration for support. 


smartinez on DSKB9S0YB1PROD with BILLS
23 

•HR 4842 IH

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.— 

13 ‘‘(1) USE OF EXISTING AUTHORITY.—The Sec14 retary may use the hiring and management authori15 ties described in section 307(b)(6) to hire personnel 

16 for the Office. 

17 ‘‘(2) CONFLICTS OF INTEREST.—The Secretary 

18 shall establish rules to prevent the Director or any 

19 other employee of the Office from acting on matters 

20 where a conflict of interest may exist.’’. 

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

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

23 to such section and inserting the following: 

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

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

25 amount authorized by section 101, there is authorized to 


smartinez on DSKB9S0YB1PROD with BILLS
24 

•HR 4842 IH

1 be appropriated $30,000,000 for the Office of Public-Pri2 vate Partnerships for each of fiscal years 2011 and 2012. 

3 TITLE III—REPORTS 

4 SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY 

5 STRATEGIC PLAN. 

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

7 is amended by adding at the end the following new section: 

8 ‘‘SEC. 318. STRATEGIC PLAN. 

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

10 later than 1 year after the date of enactment of this sec11 tion and every other year thereafter, the Under Secretary 

12 shall prepare a strategic plan for the activities of the Di13 rectorate. 

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

15 subsection (a) shall be prepared in accordance with Office 

16 of Management and Budget Circular A–11, and shall in17 clude the following matters: 

18 ‘‘(1) The long-term strategic goals of the Direc19 torate. 

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

21 the Directorate that support achievement of those 

22 strategic goals. 

23 ‘‘(3) The connection of the activities and pro24 grams of the Directorate to requirements or home25 land security capability gaps identified by customers 


smartinez on DSKB9S0YB1PROD with BILLS
25 

•HR 4842 IH

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 the strategic plan most 

12 recently prepared under subsection (a) at the same time 

13 that the President submits to Congress the budget for 

14 each even-numbered fiscal year.’’. 

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

16 in section 1(b) is amended by adding at the end of the 

17 items relating to title III the following new item: 

‘‘Sec. 318. Strategic plan.’’. 

18 SEC. 302. REPORT ON TECHNOLOGY REQUIREMENTS. 

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

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

21 adding at the end the following new subsection: 

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

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

24 date of enactment of this subsection, and biannually 

25 thereafter, the Under Secretary shall, for each 


smartinez on DSKB9S0YB1PROD with BILLS
26 

•HR 4842 IH

1 project conducted or funded by the Directorate, pro2 vide to the appropriate congressional committees a 

3 list of detailed operational and technical require4 ments that are associated with the project. 

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

6 the date of enactment of this subsection, and bian7 nually thereafter, the Secretary shall, for each 

8 project conducted or funded by a component of the 

9 Department, other than the Directorate of Science 

10 and Technology, having a Federal cost share greater 

11 than $1,000,000, provide to the appropriate congres12 sional committees detailed operational and technical 

13 requirements that are associated with the project.’’. 

14 SEC. 303. REPORT ON VENTURE CAPITAL ORGANIZATION. 

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

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

17 a report to the appropriate congressional committees as18 sessing the current role of the venture capital community 

19 in funding advanced homeland security technologies, and 

20 providing recommendations to the appropriate congres21 sional activities about creating a nonprofit organization 

22 for the purposes of delivering advanced homeland security 

23 technologies to the homeland security community to fur24 ther their missions. 


smartinez on DSKB9S0YB1PROD with BILLS
27 

•HR 4842 IH

1 (b) CONTENTS.—The report shall include the fol2 lowing: 

3 (1) An assessment of the current awareness 

4 and insight that the Department has into advanced 

5 private sector homeland security innovation, and the 

6 Department’s ability to quickly transition innovative 

7 products into acquisitions. 

8 (2) A description of how the Department cur9 rently finds and works with emerging companies, 

10 particular those who have never done business with 

11 the Federal Government. 

12 (3) An assessment and analysis of the current 

13 role that venture capitalists play in the development 

14 of homeland security technologies, including an as15 sessment of how the venture capital community 

16 could be leveraged to accelerate technology, foster 

17 development, and introduce new technologies needed 

18 by the homeland security community. 

19 (4) An assessment of whether the Department 

20 could help nascent commercial technologies mature 

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

22 security community could acquire. 

23 (5) An analysis of whether the Central Intel24 ligence Agency’s In-Q-Tel organization could serve 


smartinez on DSKB9S0YB1PROD with BILLS
28 

•HR 4842 IH

1 as a model for the development of homeland security 

2 technology at the Department. 

3 (6) Recommendations of the Secretary regard4 ing whether Congress should create a private, inde5 pendent, not-for-profit organization to bridge the 

6 gap between the technology needs of the homeland 

7 security community and new advances in commercial 

8 technology. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—The Sec10 retary is encouraged to use a federally funded research 

11 and development center to produce the report under this 

12 section. Of the amount authorized by section 101, there 

13 is authorized $500,000 for the report. 

14 TITLE IV—DIRECTORATE OF 

15 SCIENCE AND TECHNOLOGY 

16 PROGRAMS 

17 SEC. 401. LIMITATIONS ON RESEARCH. 

18 Section 302(4) (6 U.S.C. 182(4)) is amended by in19 serting after ‘‘extramural programs,’’ the following: ‘‘that 

20 directly addresses a prioritized risk to the homeland as 

21 identified by a risk analysis under section 226(e) of this 

22 Act’’. 

23 SEC. 402. UNIVERSITY-BASED CENTERS. 

24 Of the amount authorized by section 101, there is 

25 authorized to be appropriated $40,000,000 for fiscal year 


smartinez on DSKB9S0YB1PROD with BILLS
29 

•HR 4842 IH

1 2011 and $41,200,000 for fiscal year 2012 to the Sec2 retary for each of fiscal years 2011 and 2012 to carry 

3 out the university-based centers program of the Depart4 ment. 

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

6 (a) GAO STUDY OF UNIVERSITY CENTERS.—Not 

7 later than 120 days after the date of the enactment of 

8 this Act, the Comptroller General of the United States 

9 shall initiate a study to assess the university-based Cen10 ters for Homeland Security program authorized by section 

11 308(b)(2) of the Homeland Security Act of 2002 (6 

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

13 appropriate congressional committees for appropriate im14 provements. 

15 (b) SUBJECT MATTERS.—The study under sub16 section (a) shall include the following: 

17 (1) A review of key areas of study needed to 

18 support the homeland security mission, and criteria 

19 that should be utilized to determine those key areas 

20 for which the Department should maintain, estab21 lish, or eliminate university-based centers. 

22 (2) A review of the method by which university23 based centers, federally funded research and develop24 ment centers, and Department of Energy national 

25 laboratories receive tasking from the Department, 


smartinez on DSKB9S0YB1PROD with BILLS
30 

•HR 4842 IH

1 including a review of how university-based research 

2 is identified, prioritized, and funded. 

3 (3) A review of selection criteria for designating 

4 university-based centers and a weighting of such cri5 teria. 

6 (4) An examination of the optimal organization 

7 and role of the university-based centers in sup8 porting the mission of the Directorate and the De9 partment components. 

10 (5) An identification of the most appropriate 

11 review criteria and metrics to measure demonstrable 

12 progress achieved by university-based centers in ful13 filling Department taskings, and mechanisms for de14 livering and disseminating the research results of 

15 designated university-based centers within the De16 partment and to other Federal, State, and local 

17 agencies. 

18 (6) An examination of the means by which aca19 demic institutions that are not designated or associ20 ated with the designated university-based centers 

21 can optimally contribute to the research mission of 

22 the Directorate. 

23 (7) An assessment of the interrelationship be24 tween the different university-based centers. 


smartinez on DSKB9S0YB1PROD with BILLS
31 

•HR 4842 IH

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

2 the programs determined in the conduct of the 

3 study. 

4 (c) MORATORIUM ON UNIVERSITY CENTERS.—The 

5 Secretary may not designate any new university-based 

6 centers for homeland security prior to the completion of 

7 the Comptroller General’s review. 

8 SEC. 404. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

9 (a) IN GENERAL.—The Under Secretary shall sup10 port research, development, testing, evaluation, and tran11 sition of cybersecurity technology, including fundamental, 

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

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

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

15 emphasis on research and development relevant to large16 scale, high-impact attacks. 

17 (b) ACTIVITIES.—The research and development sup18 ported under subsection (a) shall include work to— 

19 (1) advance the development and accelerate the 

20 deployment of more secure versions of fundamental 

21 Internet protocols and architectures, including for 

22 the domain name system and routing protocols; 

23 (2) improve and create technologies for detect24 ing attacks or intrusions, including monitoring tech25 nologies; 


smartinez on DSKB9S0YB1PROD with BILLS
32 

•HR 4842 IH

1 (3) improve and create mitigation and recovery 

2 methodologies, including techniques for containment 

3 of attacks and development of resilient networks and 

4 systems that degrade gracefully; 

5 (4) develop and support infrastructure and tools 

6 to support cybersecurity research and development 

7 efforts, including modeling, testbeds, and data sets 

8 for assessment of new cybersecurity technologies; 

9 (5) assist the development and support of tech10 nologies to reduce vulnerabilities in process control 

11 systems; and 

12 (6) test, evaluate, and facilitate the transfer of 

13 technologies associated with the engineering of less 

14 vulnerable software and securing the information 

15 technology software development lifecycle. 

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

17 Under Secretary shall coordinate activities with— 

18 (1) the Under Secretary for National Protection 

19 and Programs; and 

20 (2) the heads of other relevant Federal depart21 ments and agencies, including the National Science 

22 Foundation, the Defense Advanced Research 

23 Projects Agency, the Information Assurance Direc24 torate of the National Security Agency, the National 

25 Institute of Standards and Technology, the DepartVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
33 

•HR 4842 IH

1 ment of Commerce, and other appropriate working 

2 groups established by the President to identify 

3 unmet needs and cooperatively support activities, as 

4 appropriate. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

6 amount authorized by section 101, there is authorized to 

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

8 of fiscal years 2011 and 2012 for the cybersecurity re9 search and development activities of the Directorate of 

10 Science and Technology to prevent, detect, and respond 

11 to acts of terrorism and other large-scale disruptions to 

12 information infrastructure. 

13 SEC. 405. NATIONAL RESEARCH COUNCIL STUDY OF CY14 BERSECURITY INCENTIVES. 

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

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

17 Under Secretary for National Protection and Programs of 

18 the Department shall seek to enter into an agreement with 

19 the National Research Council of the National Academy 

20 of Sciences to conduct a study to assess methods that 

21 might be used to promote market mechanisms that further 

22 cybersecurity and make recommendations for appropriate 

23 improvements thereto. 

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

25 subsection (a) shall include the following: 


smartinez on DSKB9S0YB1PROD with BILLS
34 

•HR 4842 IH

1 (1) Liability that subjects software and system 

2 vendors and system operators to potential damages 

3 for system breaches. 

4 (2) Mandated reporting of security breaches 

5 that could threaten critical societal functions. 

6 (3) Regulation that imposes under threat of 

7 civil penalty best practices on system operators of 

8 critical infrastructure. 

9 (4) Certification from standards bodies about 

10 conformance to relevant cybersecurity standards that 

11 can be used as a marketplace differentiation. 

12 (5) Accounting practices that require companies 

13 to report their cybersecurity practices and postures 

14 and the results of independently conducted red team 

15 simulated attacks or exercises. 

16 (6) Cybersecurity risk insurance. 

17 (c) REPORT.—Not later than two years after the date 

18 of the enactment of this Act, the Secretary shall submit 

19 to the appropriate congressional committees a report con20 taining the results of the study required under subsection 

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

22 related thereto. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

24 amount authorized by section 101, there is authorized to 


smartinez on DSKB9S0YB1PROD with BILLS
35 

•HR 4842 IH

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

2 year 2011 to carry out this section. 

3 SEC. 406. RESEARCH ON CYBER COMPROMISE OF INFRA4 STRUCTURE. 

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

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

7 furtherance of domestic preparedness for and collective re8 sponse to a cyber attack by a terrorist or other person, 

9 the Secretary, working with the heads of other national 

10 security and intelligence agencies, shall conduct research 

11 and determine if the security of federally owned program12 mable electronic devices and communication networks, in13 cluding hardware, software, and data, essential to the reli14 able operation of critical electric infrastructure have been 

15 compromised. 

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

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

18 (1) The extent of any compromise. 

19 (2) An identification of any attackers. 

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. 


smartinez on DSKB9S0YB1PROD with BILLS
36 

•HR 4842 IH

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 a de5 termination has been made under subsection (a), the Sec6 retary shall submit to the appropriate congressional com7 mittees 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 fund re22 search in that area, including— 

23 (1) determining the current capability of syn24 thetic nucleic acid providers to effectively differenVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
37 

•HR 4842 IH

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.—Not later than 180 days after the 

13 date of the enactment of this Act, the Under Secretary, 

14 in consultation with the Assistant Secretary of the Trans15 portation Security Administration, shall conduct a dem16 onstration project to test and assess the feasibility and 

17 effectiveness of certain technologies to enhance the secu18 rity of underwater public transportation tunnels against 

19 terrorist attacks involving the use of improvised explosive 

20 devices. 

21 (b) INFLATABLE PLUGS.—At least one of the tech22 nologies tested in accordance with subsection (a) shall be 

23 inflatable plugs that may be rapidly deployed to prevent 

24 flooding of an underwater public transportation tunnel. 


smartinez on DSKB9S0YB1PROD with BILLS
38 

•HR 4842 IH

1 (c) REPORT.—Not later than 180 days after the com2 pletion of the demonstration project under subsection (a), 

3 the Under Secretary shall submit to the appropriate con4 gressional committees a report on the results of the dem5 onstration project. 

6 SEC. 409. CHEMICAL AND BIOLOGICAL THREATS RE7 SEARCH AND DEVELOPMENT. 

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

9 out responsibilities under section 302 of the Homeland Se10 curity Act of 2002 (6 U.S.C. 182), shall support research, 

11 development, testing, evaluation, and transition of tech12 nology that increases the Nation’s preparedness against 

13 chemical and biological threats and strengthens the Na14 tion’s preparedness and collective response against these 

15 threats through improved threat awareness and advanced 

16 surveillance, detection, and protective countermeasures. 

17 (b) BIOLOGICAL SECURITY.—To carry out the re18 quirements of subsection (a), the Under Secretary shall 

19 conduct research to develop understanding, technologies, 

20 and systems needed to protect against biological attacks 

21 on the Nation’s population or infrastructure, including— 

22 (1) providing advanced planning tools, concepts 

23 of operations (including alarm resolution protocols), 

24 and training exercises for responding to and recov25 ering from biological attacks; 


smartinez on DSKB9S0YB1PROD with BILLS
39 

•HR 4842 IH

1 (2) developing biological assays and improved 

2 detection technology that will operate with faster de3 tection times, lower costs, and the potential for in4 creased geographical coverage to the Nation when 

5 compared to existing homeland security technologies; 

6 (3) characterizing threats posed by biological 

7 weapons, anticipating future threats, conducting 

8 comprehensive threat and risk assessments to guide 

9 prioritization of the Nation’s biodefense investments, 

10 and developing population threat assessments that 

11 inform the issuance of material threat determina12 tions; and 

13 (4) conducting bioforensics research in support 

14 of criminal investigations to aid attribution, appre15 hension, and prosecution of a terrorist or other per16 petrator of a biological attack, and providing tools 

17 and facilities that Federal law enforcement inves18 tigators need to analyze biological threat evidence re19 covered, including operation of the National Bio20 forensic Analysis Center. 

21 (c) AGRICULTURAL SECURITY.—The Under Sec22 retary shall conduct research and development to enhance 

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

24 against terrorist attacks, major disasters, and other emer25 gencies through enhancement of current agricultural counVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
40 

•HR 4842 IH

1 termeasures, development of new agricultural counter2 measures, and provision of safe, secure, state-of-the-art 

3 biocontainment laboratories for researching foreign animal 

4 and zoonotic diseases, including— 

5 (1) developing technologies to defend the Na6 tion against the natural and intentional introduction 

7 of selected foreign animal diseases, developing next8 generation vaccines and diagnostics in coordination 

9 with the Department of Agriculture, and modeling 

10 the spread of foreign animal diseases and their eco11 nomic impact to evaluate strategies for controlling 

12 outbreaks; and 

13 (2) leading the Department effort to enhance 

14 interagency coordination of research and develop15 ment of agricultural disease countermeasures. 

16 (d) CHEMICAL SECURITY.—The Under Secretary 

17 shall develop technology to reduce the Nation’s vulner18 ability to chemical warfare agents and commonly used 

19 toxic industrial chemicals, including— 

20 (1) developing a robust and enduring analytical 

21 capability in support of chemical countermeasures 

22 development, including developing and validating fo23 rensic methodologies and analytical tools, conducting 

24 risk and vulnerability assessments based on chemical 


smartinez on DSKB9S0YB1PROD with BILLS
41 

•HR 4842 IH

1 threat properties, and maintaining infrastructure in2 cluding the Chemical Security Analysis Center; 

3 (2) developing technology to detect a chemical 

4 threat release; and 

5 (3) developing technologies and guidance docu6 ments to foster a coordinated approach to returning 

7 a chemically contaminated area to a normal condi8 tion, and to foster analysis of contaminated areas 

9 both before and after the restoration process. 

10 SEC. 410. MARITIME DOMAIN AWARENESS AND MARITIME 

11 SECURITY TECHNOLOGY TEST, EVALUATION, 

12 AND TRANSITION CAPABILITIES. 

13 (a) GLOBAL MARITIME DOMAIN AWARENESS AND

14 MARITIME SECURITY TECHNOLOGY TEST, EVALUATION, 

15 AND TRANSITION CAPABILITIES.— 

16 (1) ESTABLISHMENT.—The Secretary shall es17 tablish capabilities for conducting global maritime 

18 domain awareness and maritime security technology 

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

20 subsection. 

21 (2) PURPOSE.—The purpose of such capabili22 ties shall be to— 

23 (A) direct technology test, evaluation, and 

24 transition activities in furtherance of border 

25 and maritime security; and 


smartinez on DSKB9S0YB1PROD with BILLS
42 

•HR 4842 IH

1 (B) evaluate such technology in diverse en2 vironments including coastal, seaport, and off3 shore locations. 

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

5 the Under Secretary, shall ensure that— 

6 (1) technology test, evaluation, and transition 

7 efforts funded by the Department in furtherance of 

8 border and maritime security avoid duplication of ef9 forts and complement existing Department and 

10 other efforts in border and maritime security; and 

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

12 the appropriate congressional committees and others 

13 as determined appropriate by the Secretary. 

14 SEC. 411. RAPID BIOLOGICAL THREAT DETECTION AND 

15 IDENTIFICATION. 

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

17 of the Homeland Security Act of 2002, the Secretary shall 

18 require the Under Secretary, in consultation with other 

19 relevant operational components of the Department, to 

20 pursue the development of screening capabilities for pan21 demic influenza and other infectious diseases to support 

22 entry and exit screening at ports of entry and for other 

23 purposes. 

24 (b) DEVELOPMENT OF METHODS.—Not later than 

25 60 days after the date of enactment of this Act, the SecVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
43 

•HR 4842 IH

1 retary shall, to the extent possible, initiate development 

2 of safe and effective methods to rapidly screen incoming 

3 travelers at ports of entry for pandemic influenza and 

4 other infectious diseases. 

5 (c) COLLABORATION.—In developing methods under 

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

7 Federal agencies, as appropriate. 

8 SEC. 412. EDUCATING THE PUBLIC ABOUT RADIOLOGICAL 

9 THREATS. 

10 (a) PUBLIC AWARENESS CAMPAIGN.—The Secretary 

11 shall develop a public awareness campaign to enhance pre12 paredness and collective response to a radiological attack, 

13 including the following: 

14 (1) A clear explanation of the dangers associ15 ated with radioactive materials. 

16 (2) Possible effects of different levels of radi17 ation exposure, including a clear description of the 

18 how radiation exposure occurs and the amount of ex19 posure necessary to be of concern. 

20 (3) Actions that members of the public should 

21 take regarding evacuation, personal decontamina22 tion, and medical treatment. 

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

24 for post-event recovery from a radiological attack. Such 

25 plan shall include the following: 


smartinez on DSKB9S0YB1PROD with BILLS
44 

•HR 4842 IH

1 (1) A definition of the demarcation between re2 sponse and recovery from a radiological attack. 

3 (2) Consideration of multiple attack scenarios, 

4 including a worst-case scenario. 

5 (3) Consideration of multiple recovery strate6 gies, including decontamination, demolition and re7 moval, and relocation. 

8 (4) Consideration of economic, health, and psy9 chological effects. 

10 SEC. 413. RURAL RESILIENCE INITIATIVE. 

11 (a) IN GENERAL.—The Under Secretary shall con12 duct research intended to assist State, local, and tribal 

13 leaders in developing the tools and methods to enhance 

14 preparation for, and response and resilience to, terrorist 

15 events and other incidents. 

16 (b) INCLUDED ACTIVITIES.—Activities under this 

17 section shall include— 

18 (1) research and implementation through out19 reach activities with rural communities; 

20 (2) an examination of how communities employ 

21 resilience capabilities and response assets; 

22 (3) a community resilience baseline template for 

23 determining the resilience capacity of a rural com24 munity; 


smartinez on DSKB9S0YB1PROD with BILLS
45 

•HR 4842 IH

1 (4) a plan to address community needs for re2 silience; 

3 (5) an education program for community lead4 ers and first responders about their resilience capac5 ity and mechanisms for mitigation, including via dis6 tance learning; and 

7 (6) a mechanism by which this research can 

8 serve as a model for adoption by communities across 

9 the Nation. 

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

11 INTEROPERABILITY STANDARDS FOR INTER12 NET PROTOCOL VIDEO SURVELLANCE TECH13 NOLOGY. 

14 It is the sense of Congress that— 

15 (1) video surveillance systems that operate over 

16 the Internet are an emerging homeland security 

17 technology that has the potential of significantly im18 proving homeland security forensic and analytical 

19 capability; 

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

21 emerging homeland security technology, there should 

22 be interoperability standards for such technology; 

23 (3) the Directorate, working with other appro24 priate Federal agencies, should encourage the priVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
46 

•HR 4842 IH

1 vate sector to develop interoperability standards 

2 such emerging homeland security technology; and 

3 (4) such efforts will help the Federal Govern4 ment, which is one of the largest users of surveil5 lance technology, in detecting, deterring, preventing, 

6 responding to terrorist attacks. 

7 TITLE V—DOMESTIC NUCLEAR 

8 DETECTION OFFICE 

9 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated for the Do11 mestic Nuclear Detection Office of the Department— 

12 (1) $305,840,000 for fiscal year 2011; and 

13 (2) $315,005,000 for fiscal year 2012. 

14 SEC. 502. DOMESTIC NUCLEAR DETECTION OFFICE OVER15 SIGHT. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Domestic Nuclear Detection Office of the 

18 Department (in this section referred to as the ‘‘DNDO’’) 

19 should work through the Directorate in conducting basic 

20 and innovative research and non-developmental testing, in 

21 order to advance next generation nuclear detection tech22 nologies. 

23 (b) INTERNAL REVIEW OF PROJECT SELECTION AND

24 EVALUATION METHODOLOGY.—Not later than 90 days 

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


smartinez on DSKB9S0YB1PROD with BILLS
47 

•HR 4842 IH

1 of the DNDO shall begin an internal review of the method2 ology by which research, development, testing, and evalua3 tion is identified, prioritized, and funded by the DNDO. 

4 In conducting such review, the Director shall consult with 

5 the Under Secretary and the heads of all operational com6 ponents of the Department that own, operate, or maintain 

7 nuclear or radiological detection technologies. 

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

10 DNDO shall— 

11 (1) identify basic and innovative research and 

12 any non-developmental testing that should be con13 ducted in concert and under agreement with the Di14 rectorate; 

15 (2) produce a charter delineating roles, respon16 sibilities, common definitions, standard operating 

17 procedures, and decision rules for research, develop18 ment, testing, and evaluation activities; 

19 (3) implement a transparent system for track20 ing research, development, testing, and evaluation 

21 requirements; 

22 (4) establish a mechanism to provide regular 

23 updates to components of the Department on the 

24 progress of such research; 


smartinez on DSKB9S0YB1PROD with BILLS
48 

•HR 4842 IH

1 (5) establish a mechanism to facilitate training 

2 Department components in subjects such as 

3 prioritizing homeland security capability gaps and 

4 requirements development and analysis; 

5 (6) determine whether technical needs of the 

6 operational components of the Department and 

7 State and local first responders are being adequately 

8 addressed by the existing project selection process, 

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

10 (7) establish a method to collect and evaluate 

11 Department component feedback; 

12 (8) developing matrices for and conducting im13 pact evaluations to determine if technologies pro14 duced by the Directorate have enhanced the ability 

15 of Department components to perform their mis16 sions; 

17 (9) identify appropriate five-year levels of in18 vestment in basic and applied research and develop19 ment, in particular among the Department labora20 tories, federally funded research and development 

21 centers, university-based centers, Department of En22 ergy national laboratories, and other Federal labora23 tories; 


smartinez on DSKB9S0YB1PROD with BILLS
49 

•HR 4842 IH

1 (10) projected balance of use of the entities re2 ferred to in paragraph (9) among the Directorate 

3 and other Department components; and 

4 (11) establish a formal merit review process, 

5 with external peer review where appropriate. 

6 (d) REPORT.—Not later than one year after the com7 pletion of the review required under subsection (b), the 

8 Director of the DNDO shall submit to the Secretary and 

9 the appropriate congressional committees a report con10 taining the findings of such review, together with informa11 tion on the systems, methods, and mechanisms estab12 lished, and recommendations for additional improvements. 

13 (e) DIRECTIVE.—Not later than 90 days after receipt 

14 of the review under subsection (d), the Secretary shall 

15 issue a departmental management directive institutional16 izing the processes and procedures of the Department for 

17 identifying, prioritizing, and funding research, develop18 ment, testing, and evaluation at the DNDO consistent 

19 with the analyses and recommendations under section 236 

20 of the Homeland Security Act of 2002, as amended by 

21 this Act. 

22 (f) QUARTERLY UPDATES ON IMPLEMENTATION.— 

23 One hundred and twenty days after the date of enactment 

24 of this Act, and on a quarterly basis thereafter, the In25 spector General of the Department shall submit a quarVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
50 

•HR 4842 IH

1 terly update to the appropriate congressional committees 

2 on the status of implementation of this section and activi3 ties in support of such implementation. 

4 SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS 

5 FOR GLOBAL ARCHITECTURE. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary shall submit to the appro8 priate congressional committees a report containing the 

9 following: 

10 (1) A strategic plan for a domestic component 

11 of the global nuclear detection strategy, with specific 

12 focus on establishing time frames and costs for— 

13 (A) land border areas between ports of 

14 entry; 

15 (B) aviation including passenger, cargo, 

16 and general aviation; 

17 (C) rail transportation modes including 

18 passenger and freight trains; 

19 (D) small maritime vessels; and 

20 (E) any emerging threat vectors identified 

21 by the Director of the Domestic Nuclear Detec22 tion Office. 

23 (2) In consultation with the Secretary of De24 fense, the Secretary of Energy, the Secretary of 

25 State, the Nuclear Regulatory Commission, and the 


smartinez on DSKB9S0YB1PROD with BILLS
51 

•HR 4842 IH

1 Attorney General, an analysis of overall budget allo2 cations that determines whether Government-wide 

3 nuclear detection resources clearly align with identi4 fied priorities to maximize results and minimize du5 plication of efforts. 

6 (3) An assessment of the effectiveness, cost, 

7 and feasibility of a maritime radiological and nuclear 

8 pilot program, and undertake additional planning to 

9 identify future steps, including how and where a 

10 broader strategy would be implemented, what tech11 nology would be needed, what organizations should 

12 be involved, and how such efforts would be sus13 tained. 

14 SEC. 504. RADIATION PORTAL MONITOR ALTERNATIVES. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that in view of the Secretary’s decision not to certify 

17 advanced spectroscopic portal monitors for primary 

18 screening applications because they do not offer a signifi19 cant increase in operational effectiveness over existing 

20 technology, the Director must attempt to identify viable 

21 alternatives. 

22 (b) IN GENERAL.—The Director of the Domestic Nu23 clear Detection Office shall analyze and report to the ap24 propriate congressional committees by not later than 90 

25 days after the date of enactment of this Act on both existVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
52 

•HR 4842 IH

1 ing and developmental alternatives to existing radiation 

2 portal monitors and advanced spectroscopic portal mon3 itors that would provide the Department with a significant 

4 increase in operational effectiveness for primary screening 

5 for radioactive materials. 

6 SEC. 505. AUTHORIZATION OF SECURING THE CITIES INI7 TIATIVE. 

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

9 (1) The Securing the Cities Initiative of the De10 partment uses next generation radiation detection 

11 technology to detect the transport of nuclear and ra12 diological material in urban areas by terrorists or 

13 other unauthorized individuals. 

14 (2) The technology used by partners in the Se15 curing the Cities Initiative leverages radiation detec16 tion technology used at ports of entry. 

17 (3) The Securing the Cities Initiative has fos18 tered unprecedented collaboration and coordination 

19 among its Federal, State, and local partners. 

20 (4) The Securing the Cities Initiative is a crit21 ical national capability to detect the dangerous intro22 duction of nuclear and radiological material. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Of 

24 amounts authorized by section 501, there is authorized to 

25 be appropriated to the Director of the Domestic Nuclear 


smartinez on DSKB9S0YB1PROD with BILLS
53 

•HR 4842 IH

1 Detection Office of the Department for the Securing the 

2 Cities Initiative such sums as may be necessary for each 

3 of fiscal years 2011 and 2012, including— 

4 (1) for each city in which it has been imple5 mented by fiscal year 2009— 

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

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

8 (2) for additional Securing the Cities initiatives 

9 to be implemented in not fewer than 2 sites partici10 pating in the Urban Area Security Initiative, such 

11 sums as may be necessary each fiscal year to imple12 ment and sustain each additional initiative. 

13 TITLE VI—CLARIFYING 

14 AMENDMENTS 

15 SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOP16 MENT CENTERS. 

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

18 (1) by inserting ‘‘(a) ESTABLISHMENT.—’’ be19 fore the first sentence; and 

20 (2) by adding at the end the following new sub21 sections: 

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

23 the chairman and the ranking minority member of an ap24 propriate congressional committee, a federally funded re25 search and development center established under this secVerDate Nov 24 2008 02:23 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4842.IH H4842

smartinez on DSKB9S0YB1PROD with BILLS
54 

•HR 4842 IH

1 tion is encouraged to perform independent analysis of 

2 homeland security issues and report its findings to the ap3 propriate congressional committees and the Secretary. 

4 ‘‘(c) CONGRESSIONAL OVERSIGHT.—Federally fund5 ed research and development centers established under 

6 this section are encouraged, upon request of the chairman 

7 and the ranking minority member of an appropriate con8 gressional committee, to provide to the committee a copy 

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

10 its components. 

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

12 review and revise, as appropriate, the policies of the De13 partment relating to personnel conflicts of interest to en14 sure that such policies specifically address employees of 

15 federally funded research and development centers estab16 lished under this section who are in a position to make 

17 or materially influence research findings or agency deci18 sionmaking. 

19 ‘‘(e) ANNUAL REPORTS.—Each federally funded re20 search and development center established under this sec21 tion shall transmit to the Secretary and appropriate con22 gressional committees an annual report on the activities 

23 of the center.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
55 

•HR 4842 IH

1 SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTI2 TUTE. 

3 (a) REPEAL.—Section 312 (6 U.S.C. 192) is re4 pealed. 

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

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

7 to such section. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS