IB 

Union Calendar No. 292 

111TH CONGRESS 

2D SESSION H. R. 4842 

[Report No. 111–486, Part I] 

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 

MAY 18, 2010 

Reported with an amendment and referred to the Committee on Science and 

Technology for a period ending not later than June 18, 2010, for consideration of such provisions of the bill and amendment as fall within the 

jurisdiction of that committee pursuant to clause 1(o), rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 18, 2010 

Referral to the Committee on Science and Technology extended for a period 

ending not later than June 25, 2010 

JUNE 25, 2010 

Additional sponsors: Mr. KING of New York, Ms. RICHARDSON, Mr. LUJA ́N, 

Mr. AL GREEN of Texas, Mr. PASCRELL, and Ms. KILROY

JUNE 25, 2010 

Committee on Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on March 15, 2010] 


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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. 


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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. 

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. 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. 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. 


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

Sec. 416. Biological threat agent assay equivalency. 

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. 

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. 

TITLE VII—COMMISSION ON THE PROTECTION OF CRITICAL 

ELECTRIC AND ELECTRONIC INFRASTRUCTURES 

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

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 

6 of the House of Representatives and any committee of 

7 the House of Representatives or the Senate having leg8 islative jurisdiction under the rules of the House of 

9 Representatives or Senate, respectively, over the mat10 ter concerned. 


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

2 means the Department of Homeland Security. 

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

4 means the Directorate of Science and Technology of 

5 the Department. 

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

7 the Secretary of Homeland Security. 

8 (5) UNDER SECRETARY.—The term ‘‘Under Sec9 retary’’ means the Under Secretary for Science and 

10 Technology of the Department. 

11 SEC. 4. REFERENCES. 

12 Except as otherwise specifically provided, whenever in 

13 this Act an amendment or repeal is expressed in terms of 

14 an amendment to, or repeal of, a provision, the reference 

15 shall be considered to be made to a provision of the Home16 land Security Act of 2002 (6 U.S.C. 101 et seq.). 

17 TITLE I—AUTHORIZATION OF 

18 APPROPRIATIONS 

19 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to the Under 

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

22 $1,155,313,920 for fiscal year 2012 for the necessary ex23 penses of the Directorate. 


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1 TITLE II—MANAGEMENT AND 

2 ADMINISTRATION 

3 SEC. 201. RESEARCH PRIORITIZATION AND REQUIRE4 MENTS; PROFESSIONAL DEVELOPMENT; 

5 MILESTONES AND FEEDBACK. 

6 (a) IN GENERAL.—Subtitle D of title II (6 U.S.C. 161 

7 et seq.) is amended— 

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

9 of’’; 

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

11 ‘‘OF SCIENCE AND TECHNOLOGY’’ after ‘‘OF12 FICE’’; and 

13 (3) by adding at the end the following new sec14 tions: 

15 ‘‘SEC. 238. RESEARCH PRIORITIZATION AND REQUIRE16 MENTS. 

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

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

19 enactment of this section, establish requirements for 

20 how basic and applied homeland security research 

21 shall be identified, prioritized, funded, tasked, and 

22 evaluated by the Directorate of Science and Tech23 nology, including the roles and responsibilities of the 

24 Under Secretary for Science and Technology, the 

25 Under Secretary for Policy, the Under Secretary for 


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1 Management, the Director of the Office of Risk Man2 agement and Analysis, and the heads of operational 

3 components of the Department; and 

4 ‘‘(2) to the greatest extent possible, seek to pub5 licize the requirements for the purpose of informing 

6 the Federal, State, and local governments, first re7 sponders, and the private sector. 

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

9 shall— 

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

11 Technology’s customers within and outside of the De12 partment; 

13 ‘‘(2) describe the risk formula and risk assess14 ment tools that the Department considers to identify, 

15 prioritize, and fund homeland security research 

16 projects; 

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

18 Directorate to task projects to research entities, in19 cluding the national laboratories, federally funded re20 search and development centers, and university-based 

21 centers; 

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

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

24 homeland security capability gap can be addressed 

25 through the acquisition process instead of commencing 


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1 research and development of technology to address 

2 that capability gap; 

3 ‘‘(5) describe the processes to be used by the Di4 rectorate to strengthen first responder participation 

5 in identifying and prioritizing homeland security 

6 technological gaps by— 

7 ‘‘(A) soliciting feedback from appropriate 

8 national associations and advisory groups rep9 resenting the first responder community and 

10 first responders within the components of the De11 partment; 

12 ‘‘(B) establishing and promoting a publicly 

13 accessible portal to allow the first responder com14 munity to help the Directorate develop homeland 

15 security research and development goals; and 

16 ‘‘(C) establishing a mechanism to publicize 

17 the Department’s funded and unfunded home18 land security technology priorities; and 

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

20 and practices as the Secretary considers necessary. 

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

22 PRIORITIZATION AND REQUIREMENTS.—Not later than one 

23 year after the date of the issuance of the requirements, the 

24 Secretary shall— 


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1 ‘‘(1) establish, through the Under Secretary for 

2 Science and Technology and Under Secretary for 

3 Management, a mandatory workforce program for the 

4 Directorate’s customers in the Department to better 

5 identify and prioritize homeland security capability 

6 gaps that may be addressed by a technological solu7 tion based on the assessment required under section 

8 239(a)(2); 

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

10 customers of the Directorate on the performance of the 

11 Directorate, that includes metrics for measuring cus12 tomer satisfaction and the usefulness of any tech13 nology or service provided by the Directorate; and 

14 ‘‘(3) any other activities that the Secretary con15 siders to be necessary to implement the requirements. 

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

17 One hundred and twenty days after the date of enactment 

18 of this section, and on a quarterly basis thereafter, the In19 spector General of the Department shall submit a quarterly 

20 update to the appropriate congressional committees on the 

21 status of implementation of the research prioritization and 

22 requirements and activities in support of such require23 ments. 

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

25 (b)(2), the Secretary shall— 


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1 ‘‘(1) submit to the appropriate congressional 

2 committees by not later than one year after the date 

3 of enactment of this subsection and annually there4 after— 

5 ‘‘(A) a national-level risk assessment, de6 scribing and prioritizing the greatest risks to the 

7 homeland, that includes vulnerability studies, 

8 asset values (including asset values for intangible 

9 assets), estimated rates of occurrence, counter10 measures employed, loss expectancy, cost/benefit 

11 analyses, and other practices generally associated 

12 with producing a comprehensive risk analysis; 

13 ‘‘(B) an analysis of the Directorate’s ap14 proach to mitigating the homeland security risks 

15 identified under subparagraph (A) through basic 

16 and applied research, development, demonstra17 tion, testing, and evaluation activities; 

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

19 metrics, of the effectiveness of the Directorate in 

20 reducing the homeland security risks identified 

21 under subparagraph (A) through the deployment 

22 of homeland security technologies researched or 

23 developed by the Directorate; 

24 ‘‘(D) recommendations for how the Direc25 torate should modify or amend its research and 


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1 development activities in order to reduce the 

2 risks to the homeland identified under subpara3 graph (A); 

4 ‘‘(E) a description of how the analysis re5 quired under subparagraph (A) shall be used to 

6 inform, guide, and prioritize the Department’s 

7 homeland security research and development ac8 tivities; and 

9 ‘‘(F) a description of input from other rel10 evant Federal, State, or local agencies and rel11 evant private sector entities in conducting the 

12 risk analysis required by subparagraph (A); and 

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

14 to most effectively communicate information regard15 ing the risks identified under paragraph (1) to the 

16 media as well as directly to the public, both on an on17 going basis and during a terrorist attack or other in18 cident. 

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

20 ‘‘(1) IN GENERAL.—Consistent with the Federal 

21 Acquisition Regulation and any other relevant Fed22 eral requirements, not later than 60 days after the 

23 date of enactment of this subsection and annually 

24 thereafter, the Secretary shall submit a report to the 

25 appropriate congressional committees containing the 


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1 research, development, testing, evaluation, proto2 typing, and deployment activities undertaken by the 

3 Homeland Security Advanced Research Projects Agen4 cy during the previous fiscal year, including funds 

5 expended for such activities in the previous fiscal 

6 year. 

7 ‘‘(2) CONTENTS.—For each activity undertaken, 

8 the report shall— 

9 ‘‘(A) describe the corresponding risk anal10 ysis performed by the Department that supports 

11 the decision to undertake that activity; and 

12 ‘‘(B) describe the efforts made to transition 

13 that activity into a Federal, State, or local ac14 quisition program. 

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

16 shall include in each report a description of each pro17 posal that was reviewed in the period covered by the 

18 report by the Director of the Homeland Security Ad19 vanced Research Projects Agency under section 

20 313(d)(3), including a statement of whether the pro21 posal received a grant, cooperative agreement, or con22 tract from the Director. 

23 ‘‘SEC. 239. PROFESSIONAL DEVELOPMENT. 

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

25 establishing the mandatory workforce program as required 


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1 by section 238(c)(1), the Secretary shall report to the appro2 priate congressional committees on the following: 

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

4 technological requirements are developed by the Direc5 torate of Science and Technology’s customers within 

6 the Department. 

7 ‘‘(2) An assessment of whether Department em8 ployees receive adequate and appropriate job training 

9 to allow them to identify, express, and prioritize 

10 homeland security capability gaps. 

11 ‘‘(3) A plan for how the Directorate, in coordina12 tion with the Domestic Nuclear Detection Office and 

13 other Department components, can enhance and im14 prove technology requirements development and the 

15 technology acquisition process, to accelerate the deliv16 ery of effective, suitable technologies that meet per17 formance requirements and appropriately address an 

18 identified homeland security capability gap. 

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

20 authorize, in addition to the program required under 

21 section 238(c)(1), a training program for Department 

22 employees to be trained in requirements writing and 

23 acquisition, that— 

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

25 Department of Veterans Affairs Acquisition 


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1 Academy and the Defense Acquisition Univer2 sity; and 

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

4 additional training should be authorized by Con5 gress, includes specification about— 

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

7 Department employees who would benefit 

8 from such training, including an estimate 

9 of the number of such employees; 

10 ‘‘(ii) a suggested curriculum for the 

11 training; 

12 ‘‘(iii) the type and skill set of edu13 cators who could most effectively teach those 

14 skills; 

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

16 training; 

17 ‘‘(v) the advantages and disadvantages 

18 of training employees in a live classroom, 

19 or virtual classroom, or both; 

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

21 and 

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

23 supporting the training. 

24 ‘‘(b) USE OF RESEARCH AND DEVELOPMENT CEN25 TER.—The Secretary is encouraged to use a federally fundVerDate Mar 15 2010 21:09 Jun 25, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H4842.RH H4842

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1 ed research and development center to assist the Secretary 

2 in carrying out the requirements of this section. 

3 ‘‘SEC. 240. TRACKING SYSTEMS, RESEARCH MILESTONES, 

4 AND CUSTOMER FEEDBACK. 

5 ‘‘(a) IN GENERAL.—In establishing a system to collect 

6 feedback under section 238(c)(2), the Secretary shall— 

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

8 for homeland security research milestones; 

9 ‘‘(2) create a formal process for collecting feed10 back from customers on the effectiveness of the tech11 nology or services delivered by Directorate of Science 

12 and Technology, including through randomized sam13 pling, focus groups, and other methods as appro14 priate; and 

15 ‘‘(3) establish standards and performance meas16 ures to be met by the Directorate in order to provide 

17 high-quality customer service. 

18 ‘‘(b) SYSTEM.—The system established under sub19 section (a)(1) shall identify and account for research mile20 stones to monitor the progress of Directorate of Science and 

21 Technology research, development, testing, and evaluation 

22 activities, and collect information from the Directorate’s 

23 customers about their level of satisfaction with the perform24 ance of the Directorate, including by— 


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

2 reports to its customers regarding the status and 

3 progress of research efforts of the Directorate; 

4 ‘‘(2) collecting and evaluating customer feedback; 

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

6 technology or service produced as a result of the Di7 rectorate’s programs has affected homeland security 

8 capability gaps; and 

9 ‘‘(4) allowing the Secretary to report the number 

10 of products and services developed by the Directorate 

11 that have been transitioned into acquisition pro12 grams. 

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

14 and Technology shall publicize and implement guidance for 

15 homeland security researchers funded by the Directorate on 

16 setting valid initial and subsequent research milestones. 

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

18 report to the appropriate congressional committees— 

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

20 enactment of this section identifying what actions 

21 have been taken to carry out the requirements of this 

22 section; and 

23 ‘‘(2) annually thereafter describing— 

24 ‘‘(A) research milestones for each large 

25 project with a Federal cost share greater than 


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1 $80,000,000 that has been successfully met and 

2 missed, including for each missed milestone, an 

3 explanation of why the milestone was missed; 

4 and 

5 ‘‘(B) customer feedback collected and the 

6 success of the Directorate in meeting the cus7 tomer service performance measures and stand8 ards, including an evaluation of the effectiveness 

9 of the technology or services delivered by the Di10 rectorate.’’. 

11 (b) CLERICAL AMENDMENTS.—The table of contents in 

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

13 of title II— 

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

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

16 (2) in the item relating to section 231, by strik17 ing ‘‘office’’ and inserting ‘‘Office of Science and 

18 Technology’’; and 

19 (3) by adding at the end the following new items: 

‘‘Sec. 238. Research prioritization and requirements. 

‘‘Sec. 239. Professional development. 

‘‘Sec. 240. Tracking systems, research milestones, and customer feedback.’’. 

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

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

22 the end of the following new subsection: 

23 ‘‘(d) TEST, EVALUATION, AND STANDARDS DIVI24 SION.— 


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

2 the Directorate of Science and Technology a Test, 

3 Evaluation, and Standards Division. 

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

5 Standards Division shall be headed by a Director of 

6 Test, Evaluation, and Standards, who shall be ap7 pointed by the Secretary and report to the Under Sec8 retary for Science and Technology. 

9 ‘‘(3) RESPONSIBILITIES, AUTHORITIES, AND

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

11 Standards— 

12 ‘‘(A) is the principal adviser to the Sec13 retary, the Under Secretary of Management, and 

14 the Under Secretary for Science and Technology 

15 on all test and evaluation or standards activities 

16 in the Department; and 

17 ‘‘(B) shall— 

18 ‘‘(i) prescribe test and evaluation poli19 cies for the Department, which shall include 

20 policies to ensure that operational testing is 

21 done at facilities that already have relevant 

22 and appropriate safety and material certifi23 cations to the extent such facilities are 

24 available; 


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1 ‘‘(ii) oversee and ensure that adequate 

2 test and evaluation activities are planned 

3 and conducted by or on behalf of compo4 nents of the Department in major acquisi5 tion programs of the Department, as des6 ignated by the Secretary, based on risk, ac7 quisition level, novelty, complexity, and size 

8 of the acquisition program, or as otherwise 

9 established in statute; 

10 ‘‘(iii) review major acquisition pro11 gram test reports and test data to assess the 

12 adequacy of test and evaluation activities 

13 conducted by or on behalf of components of 

14 the Department; and 

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

17 Department has adequate resources to carry 

18 out its testing and evaluation responsibil19 ities, as established under this title. 

20 ‘‘(4) DEPUTY DIRECTOR OF OPERATIONAL TEST

21 AND EVALUATION.—Within the Division there shall be 

22 a Deputy Director of Operational Test and Evalua23 tion, who— 

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

25 evaluation official for the Department; and 


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1 ‘‘(B) shall— 

2 ‘‘(i) monitor and review the oper3 ational testing and evaluation activities 

4 conducted by or on behalf of components of 

5 the Department in major acquisition pro6 grams of the Department, as designated by 

7 the Secretary, based on risk, acquisition 

8 level, novelty, complexity, and size of the ac9 quisition program, or as otherwise estab10 lished in statute; 

11 ‘‘(ii) provide the Department with 

12 independent and objective assessments of the 

13 adequacy of testing and evaluation activi14 ties conducted in support of major acquisi15 tions programs; and 

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

17 test and evaluation documents, data, and 

18 test results of the Department that the Dep19 uty Director considers necessary to review 

20 in order to carry out the duties of the Dep21 uty Director under this section. 

22 ‘‘(5) STANDARDS EXECUTIVE.—Within this Divi23 sion, there shall be a Standards Executive as de24 scribed in Office of Management and Budget Circular 

25 A–119. The Standards Executive shall— 


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1 ‘‘(A) implement the Department’s standards 

2 policy as described in section 102(g); and 

3 ‘‘(B) support the development and adoption 

4 of voluntary standards in accordance with sec5 tion 12(d) of the National Technology Transfer 

6 and Advancement Act of 1995 (15 U.S.C. 272 

7 note). 

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

9 to carry out operational testing. 

10 ‘‘(7) EVALUATION OF DEPARTMENT OF DEFENSE

11 TECHNOLOGIES.—The Director of Test, Evaluation, 

12 and Standards may evaluate technologies currently in 

13 use or being developed by the Department of Defense 

14 to assess whether they can be leveraged to address 

15 homeland security capability gaps.’’. 

16 SEC. 203. PEER REVIEW. 

17 (a) RESPONSIBILITIES AND AUTHORITIES OF THE

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

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

20 of paragraph (13), by striking the period at the end of para21 graph (14) and inserting ‘‘; and’’, and by adding at the 

22 end the following new paragraph: 

23 ‘‘(15) developing and overseeing the administra24 tion of guidelines for peer review of research and de25 velopment projects, including by— 


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1 ‘‘(A) consulting with experts, including sci2 entists and practitioners, about the research and 

3 development conducted by the Directorate of 

4 Science and Technology; and 

5 ‘‘(B) performing ongoing independent, ex6 ternal, scientific peer review— 

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

8 ‘‘(ii) when divisions conduct multiple 

9 programs focused on significantly different 

10 subjects, at the program level.’’. 

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

12 not later than 60 days after the completion of the first re13 view under section 302(15)(B) of the Homeland Security 

14 Act of 2002, as amended by subsection (a) of this section 

15 on— 

16 (1) the findings of the review; and 

17 (2) any future efforts to ensure that the Depart18 ment’s research projects are peer reviewed, as appro19 priate. 

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

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

22 amended to read as follows: 


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

2 ‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab3 lished an Office of Public-Private Partnerships in the Di4 rectorate of Science and Technology. 

5 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di6 rector, who shall be appointed by the Secretary. The Direc7 tor shall report to the Under Secretary for Science and 

8 Technology. 

9 ‘‘(c) RESPONSIBILITIES.—The Director, in coordina10 tion with the Private Sector Office of the Department, 

11 shall— 

12 ‘‘(1) engage and initiate proactive outreach ef13 forts and 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 associated 

17 with small businesses (as that term is defined in the 

18 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 secu24 rity researchers and private sector companies in order 

25 to accelerate transition research or a prototype into 


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1 a commercial product and streamline the handling of 

2 intellectual property; and 

3 ‘‘(4) conduct technology research assessment and 

4 marketplace analysis for the purpose of identifying, 

5 leveraging, and integrating best-of-breed technologies 

6 and capabilities from industry, academia, and other 

7 Federal Government agencies, and disseminate re8 search and findings to Federal, State, and local gov9 ernments. 

10 ‘‘(d) RAPID REVIEW DIVISION.— 

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

12 Rapid Review Division within the Office of Public13 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 technical 

18 reviews to assist in screening unsolicited 

19 homeland security technology proposals sub20 mitted 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 those duties, the Division shall— 


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1 ‘‘(i) maintain awareness of the techno2 logical requirements of the Directorate’s cus3 tomers; 

4 ‘‘(ii) establish and publicize accessible, 

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

7 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; 

15 ‘‘(iv) review proposals submitted by 

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

18 ‘‘(v) in reviewing proposals submitted 

19 to the Secretary, give priority to any pro20 posal submitted by a small business concern 

21 as defined under section 3 of the Small 

22 Business Act (15 U.S.C. 632). 

23 ‘‘(3) COORDINATION.—The Director shall submit 

24 for consideration promising homeland security tech25 nology research, development, testing, and evaluation 


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1 proposals, along with any business and technical re2 views, to the Director of the Homeland Security Ad3 vanced Research Projects Agency and appropriate De4 partment components for consideration for support. 

5 ‘‘(e) LIMITATION ON CONSIDERATION OR EVALUATION

6 OF PROPOSALS.—The Office may not consider or evaluate 

7 homeland security technology proposals submitted in re8 sponse to a solicitation for offers for a pending procurement 

9 or for a specific agency requirement. 

10 ‘‘(f) SATELLITE OFFICES.—The Under Secretary, act11 ing through the Director, may establish up to 3 satellite 

12 offices across the country to enhance the Department’s out13 reach efforts. The Secretary shall notify the appropriate 

14 congressional committees in writing within 30 days after 

15 establishing any satellite office. 

16 ‘‘(g) PERSONNEL.—The Secretary shall establish rules 

17 to prevent the Director or any other employee of the Office 

18 from acting on matters where a conflict of interest may 

19 exist.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents in 

21 section 1(b) is amended by striking the item relating to such 

22 section and inserting the following: 

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

23 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

24 amount authorized by section 101, there is authorized to 


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1 be appropriated $30,000,000 for the Office of Public-Private 

2 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.) is 

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

8 ‘‘SEC. 318. STRATEGIC PLAN. 

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

10 than 1 year after the date of enactment of this section and 

11 every other year thereafter, the Under Secretary for Science 

12 and Technology shall prepare a strategic plan for the activi13 ties of the Directorate. 

14 ‘‘(b) CONTENTS.—The strategic plan required by sub15 section (a) shall be prepared in accordance with applicable 

16 Federal requirements, and shall include the following mat17 ters: 

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 homeland 

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1 in the Department and outside of the Department, in2 cluding 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 pro6 grams 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 strategic 

12 plan most recently prepared under subsection (a) at the 

13 same time that the President submits to Congress the budget 

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

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

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

17 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 add21 ing 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 project 


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1 having a Federal cost share greater than $80,000,000 

2 that is conducted or funded by the Directorate of 

3 Science and Technology, provide to the appropriate 

4 congressional committees a list of detailed operational 

5 and technical requirements that are associated with 

6 the project. 

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

8 the date of enactment of this subsection, and bian9 nually thereafter, the Secretary shall, for each project 

10 conducted or funded by a component of the Depart11 ment, other than the Directorate of Science and Tech12 nology, having a life-cycle cost greater than 

13 $1,000,000,000, provide to the appropriate congres14 sional committees detailed operational and technical 

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

16 SEC. 303. REPORT ON VENTURE CAPITAL ORGANIZATION. 

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

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

19 to the appropriate congressional committees— 

20 (1) assessing the current role of the venture cap21 ital community in funding advanced homeland secu22 rity technologies, including technologies proposed by 

23 small business concerns as defined under section 3 of 

24 the Small Business Act (15 U.S.C. 632); and 


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1 (2) providing recommendations about creating a 

2 nonprofit organization for the purposes of delivering 

3 advanced homeland security technologies to the home4 land security community to further its missions. 

5 (b) CONTENTS.—The report shall include the following: 

6 (1) An assessment of the current awareness and 

7 insight that the Department has regarding advanced 

8 private sector homeland security innovation, and the 

9 Department’s ability to quickly transition innovative 

10 products into acquisitions. 

11 (2) A description of how the Department cur12 rently finds and works with emerging companies, 

13 particularly firms that have never done business with 

14 the Federal Government, small business concerns, 

15 small business concerns that are owned and operated 

16 by women, small business concerns that are owned 

17 and operated by veterans, and minority-owned and 

18 operated small business concerns. 

19 (3) An assessment and analysis of the current 

20 role that venture capitalists play in the development 

21 of homeland security technologies, including an as22 sessment of how the venture capital community could 

23 be leveraged to accelerate technology, foster develop24 ment, and introduce new technologies needed by the 

25 homeland security community. 


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1 (4) An assessment of whether the Department 

2 could help nascent commercial technologies mature 

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

4 security community could acquire. 

5 (5) An analysis of whether the Central Intel6 ligence Agency’s In-Q-Tel organization or the Depart7 ment of Defense’s OnPoint Technologies organization 

8 could serve as a model for the development of home9 land security technology at the Department. 

10 (6) Recommendations of the Secretary regarding 

11 how Congress could authorize the establishment of a 

12 private, independent, not-for-profit organization to 

13 bridge the gap between the technology needs of the 

14 homeland security community and new advances in 

15 commercial technology, including specifics on poten16 tial funding levels, activities for the organization, in17 cluding the provision of technical assistance, and 

18 whether to establish set-asides for small businesses 

19 that are minority-owned and operated or located in 

20 socially and economically disadvantaged areas. 

21 (c) USE OF RESEARCH AND DEVELOPMENT CEN22 TER.—The Secretary is encouraged to use a federally fund23 ed research and development center to produce the report 

24 under this section. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amount authorized by section 101, there is authorized 

3 $500,000 for the report. 

4 TITLE IV—DIRECTORATE OF 

5 SCIENCE AND TECHNOLOGY 

6 PROGRAMS 

7 SEC. 401. LIMITATIONS ON RESEARCH. 

8 Section 302(a)(4), as designated by section 302, is fur9 ther amended by inserting after ‘‘extramural programs,’’ 

10 the following: ‘‘that, to the greatest extent possible, addresses 

11 a prioritized risk to the homeland as identified by a risk 

12 analysis under section 226(e) of this Act’’. 

13 SEC. 402. UNIVERSITY-BASED CENTERS. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Of the 

15 amount authorized by section 101, there is authorized to 

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

17 $41,200,000 for fiscal year 2012 to the Secretary to carry 

18 out the university-based centers program of the Department. 

19 (b) CRITERIA FOR DESIGNATION.—Section 

20 308(b)(2)(B)(iii) (6 U.S.C. 188(b)(2)(B)(iii)) is amended 

21 by inserting before the period at the end the following: ‘‘, 

22 including medical readiness training and research, and 

23 community resiliency for public health and healthcare crit24 ical infrastructure’’. 


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1 (c) EXPLOSIVE COUNTERMEASURES OR DETECTION.— 

2 Section 308(b)(2)(B)(iv) (6 U.S.C. 188(b)(2)(B)(iv)) is 

3 amended by striking ‘‘and nuclear’’ and inserting ‘‘nuclear, 

4 and explosive’’. 

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

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

7 Not later than 120 days after the date of enactment of this 

8 Act, the Comptroller General of the United States shall ini9 tiate a study to assess the university-based centers for home10 land security program authorized by section 308(b)(2) of 

11 the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), 

12 and provide recommendations to the appropriate congres13 sional committees for appropriate improvements. 

14 (b) SUBJECT MATTERS.—The study under subsection 

15 (a) shall include the following: 

16 (1) A review of key areas of study needed to sup17 port the homeland security mission, and criteria that 

18 should be utilized to determine those key areas for 

19 which the Department should maintain, establish, or 

20 eliminate university-based centers. 

21 (2) A review of the method by which university22 based centers, federally funded research and develop23 ment centers, and Department of Energy national 

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1 cluding a review of how university-based research is 

2 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 supporting 

8 the mission of the Directorate and the Department 

9 components. 

10 (5) An identification of the most appropriate re11 view 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 des15 ignated university-based centers within the Depart16 ment and to other Federal, State, and local agencies. 

17 (6) An examination of the means by which aca18 demic institutions that are not designated or associ19 ated with the designated university-based centers can 

20 optimally contribute to the research mission of the 

21 Directorate. 

22 (7) An assessment of the interrelationship be23 tween the different university-based centers. 

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

25 the programs determined in the conduct of the study. 


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1 (c) MORATORIUM ON NEW UNIVERSITY-BASED CEN2 TERS.—The Secretary may not designate any new univer3 sity-based centers to research new areas in homeland secu4 rity prior to the completion of the Comptroller General’s 

5 review. 

6 SEC. 404. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

7 (a) IN GENERAL.—The Under Secretary shall support 

8 research, development, testing, evaluation, and transition of 

9 cybersecurity technology, including fundamental, long-term 

10 research to improve the ability of the United States to pre11 vent, protect against, detect, respond to, and recover from 

12 acts of terrorism and cyber attacks, with an emphasis on 

13 research and development relevant to large-scale, high-im14 pact attacks. 

15 (b) ACTIVITIES.—The research and development sup16 ported under subsection (a) shall include work to— 

17 (1) advance the development and accelerate the 

18 deployment of more secure versions of fundamental 

19 Internet protocols and architectures, including for the 

20 domain name system and routing protocols; 

21 (2) improve and create technologies for detecting 

22 attacks or intrusions, including real-time monitoring 

23 and real-time analytic technologies; 

24 (3) improve and create mitigation and recovery 

25 methodologies, including techniques and policies for 


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1 real-time containment of attacks, and development of 

2 resilient networks and systems that degrade grace3 fully; 

4 (4) develop and support infrastructure and tools 

5 to support cybersecurity research and development ef6 forts, including modeling, testbeds, and data sets for 

7 assessment of new cybersecurity technologies; 

8 (5) assist the development and support of tech9 nologies to reduce vulnerabilities in process control 

10 systems; 

11 (6) develop and support cyber forensics and at12 tack attribution; and 

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

14 technologies associated with the engineering of less 

15 vulnerable software and securing the information 

16 technology software development lifecycle. 

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

18 Under Secretary shall coordinate activities with— 

19 (1) the Under Secretary for National Protection 

20 and Programs; and 

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

23 Foundation, the Defense Advanced Research Projects 

24 Agency, the Information Assurance Directorate of the 

25 National Security Agency, the National Institute of 


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1 Standards and Technology, the Department of Com2 merce, and other appropriate working groups estab3 lished by the President to identify unmet needs and 

4 cooperatively support activities, as appropriate. 

5 (d) AUTHORIZATION OF CYBERSECURITY PREPARED6 NESS CONSORTIUM AND TRAINING CENTER.— 

7 (1) CYBERSECURITY PREPAREDNESS CONSOR8 TIUM.—Subtitle C of title II of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 121 et seq.) is amended by 

10 adding at the end the following new section: 

11 ‘‘SEC. 226. CYBERSECURITY PREPAREDNESS CONSORTIUM. 

12 ‘‘(a) IN GENERAL.—To assist the Secretary in car13 rying out the requirements of section 404(a) of the Home14 land Security Science and Technology Authorization Act of 

15 2010, the Secretary may establish a consortium to be known 

16 as the ‘Cybersecurity Preparedness Consortium’. 

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

18 ‘‘(1) provide training to State and local first re19 sponders and officials specifically for preparing and 

20 responding to cybersecurity attacks; 

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

22 training model for State and local first responders 

23 and officials; 


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1 ‘‘(3) provide technical assistance services to build 

2 and sustain capabilities in support of cybersecurity 

3 preparedness and response; 

4 ‘‘(4) conduct cybersecurity training and simula5 tion exercises to defend from and respond to cyber at6 tacks; and 

7 ‘‘(5) coordinate all cybersecurity preparedness 

8 training activities conducted by the Department. 

9 ‘‘(c) MEMBERS.—The Consortium shall consist of aca10 demic, nonprofit, and government partners that— 

11 ‘‘(1) have demonstrated expertise in developing 

12 and delivering cybersecurity training in support of 

13 homeland security; 

14 ‘‘(2) have demonstrated ability to utilize existing 

15 courses and expertise developed by the Department; 

16 ‘‘(3) have demonstrated ability to coordinate 

17 with the National Domestic Preparedness Consortium 

18 and other training programs within the Department; 

19 and 

20 ‘‘(4) include at least 3 academic institutions that 

21 are any combination of historically Black colleges and 

22 universities, Hispanic-serving institutions, or Tribal 

23 Colleges and Universities, that fulfill the criteria of 

24 paragraphs (1), (2) and (3) of this subsection. 

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


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1 ‘‘(1) HISTORICALLY BLACK COLLEGE OR UNIVER2 SITY.—The term ‘historically Black college or univer3 sity’ has the meaning given the term ‘part B institu4 tion’ in section 322(2) of the Higher Education Act 

5 of 1965 (20 U.S.C. 1061(2)). 

6 ‘‘(2) HISPANIC-SERVING INSTITUTION.—The term 

7 ‘Hispanic-serving institution’ has the meaning given 

8 that term in section 502 of the Higher Education Act 

9 of 1965 (20 U.S.C. 1101(a)). 

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

11 term ‘Tribal College or University’ has the meaning 

12 given that term in section 316(b) of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1059c(b)).’’. 

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

15 such Act is further amended by adding at the end of 

16 the items relating to such subtitle the following new 

17 item: 

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

18 (3) CYBERSECURITY TRAINING CENTER.—Sub19 title C of title II of the Homeland Security Act of 

20 2002 (6 U.S.C. 121 et seq.) is further amended by 

21 adding at the end the following new section: 

22 ‘‘SEC. 227. CYBERSECURITY TRAINING CENTER. 

23 ‘‘The Secretary may establish where appropriate a Cy24 bersecurity Training Center to provide training courses and 


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1 other resources for State and local first responders and offi2 cials to improve preparedness and response capabilities.’’. 

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

4 such Act is further amended by adding at the end of 

5 the items relating to such subtitle the following new 

6 item: 

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

7 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

8 amount authorized by section 101, there is authorized to 

9 be appropriated $75,000,000 to the Department for each of 

10 fiscal years 2011 and 2012 for the cybersecurity research 

11 and development activities of the Directorate to prevent, de12 tect, and respond to acts of terrorism and other large-scale 

13 disruptions to information infrastructure. 

14 SEC. 405. NATIONAL RESEARCH COUNCIL STUDY OF CYBER15 SECURITY INCENTIVES. 

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

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

18 Secretary for National Protection and Programs of the De19 partment shall seek to enter into an agreement with the Na20 tional Research Council of the National Academy of 

21 Sciences to conduct a study to assess methods that might 

22 be used to promote market mechanisms that further cyberse23 curity and make recommendations for appropriate im24 provements thereto. 


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

2 subsection (a) shall include the following: 

3 (1) Liability that subjects software and system 

4 vendors and system operators to potential damages 

5 for system breaches. 

6 (2) Mandated reporting of security breaches that 

7 could threaten critical functions, including provision 

8 of electricity and resiliency of the financial sector. 

9 (3) Regulation that under threat of civil penalty, 

10 imposes best practices on system operators of critical 

11 infrastructure. 

12 (4) Certification from standards bodies about 

13 conformance to relevant cybersecurity standards that 

14 can be used as a marketplace differentiation. 

15 (5) Accounting practices that require companies 

16 to report their cybersecurity practices and postures 

17 and the results of independently conducted red team 

18 simulated attacks or exercises. 

19 (6) Cybersecurity risk insurance, including anal20 ysis of the current marketplace and recommendations 

21 to promote cybersecurity insurance. 

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

23 years after the date of enactment of this Act, the Secretary 

24 shall submit to the appropriate congressional committees 

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1 gether with any recommendations of the Secretary related 

2 thereto. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

4 amount authorized by section 101, there is authorized to 

5 be appropriated $500,000 to the Department for fiscal year 

6 2011 to carry out this section. 

7 SEC. 406. RESEARCH ON CYBER COMPROMISE OF INFRA8 STRUCTURE. 

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

10 Homeland Security Act of 2002 (6 U.S.C. 121) and in fur11 therance of domestic preparedness for and collective re12 sponse to a cyber attack by a terrorist or other person, the 

13 Secretary, working with the heads of other national security 

14 and intelligence agencies, shall conduct research and deter15 mine if the security of federally owned programmable elec16 tronic devices and communication networks, including 

17 hardware, software, and data, essential to the reliable oper18 ation of critical electric infrastructure has been com19 promised. 

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

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

22 (1) The extent of any compromise. 

23 (2) An identification of any attackers, including 

24 any affiliations with terrorists, terrorist organiza25 tions, state entities, and non-state entities. 


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1 (3) The method of penetration. 

2 (4) Ramifications of any such compromise on fu3 ture operations of critical electric infrastructure. 

4 (5) Secondary ramifications of any such com5 promise on other critical infrastructure sectors and 

6 the functioning of civil society. 

7 (6) Ramifications of any such compromise on 

8 national security, including war fighting capability. 

9 (7) Recommended mitigation activities. 

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

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

12 Secretary shall submit to the appropriate congressional 

13 committees a report on the findings of such determination. 

14 The report may contain a classified annex if the Secretary 

15 determines it to be appropriate. 

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

17 GENOMICS. 

18 (a) SENSE OF CONGRESS.—It is the sense of Congress 

19 that the field of synthetic genomics has the potential to fa20 cilitate enormous gains in fundamental discovery and bio21 technological applications, but it also has inherent dual22 use homeland security risks that must be managed. 

23 (b) REQUIREMENT.—The Under Secretary shall exam24 ine and report to the appropriate congressional committees 

25 by not later than one year after the date of enactment of 


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1 this Act on the homeland security implications of the dual2 use nature of synthetic genomics and, if the Under Sec3 retary determines that such research is appropriate, may 

4 conduct research in that area, including— 

5 (1) determining the current capability of syn6 thetic nucleic acid providers to effectively differentiate 

7 a legitimate customer from a potential terrorist or 

8 other malicious actor; 

9 (2) determining the current capability of syn10 thetic nucleic acid providers to effectively screen or11 ders for sequences of homeland security concern; and 

12 (3) making recommendations regarding screen13 ing software, protocols, and other remaining capa14 bility gaps uncovered by the study. 

15 SEC. 408. UNDERWATER TUNNEL SECURITY DEMONSTRA16 TION PROJECT. 

17 (a) IN GENERAL.—The Under Secretary, in consulta18 tion with the Assistant Secretary of the Transportation Se19 curity Administration, shall conduct a demonstration 

20 project to test and assess the feasibility and effectiveness of 

21 certain technologies to enhance the security of underwater 

22 public transportation tunnels against terrorist attacks in23 volving the use of improvised explosive devices. 

24 (b) INFLATABLE PLUGS.—At least one of the tech25 nologies tested under subsection (a) shall be inflatable plugs 


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1 that may be rapidly deployed to prevent flooding of an un2 derwater public transportation tunnel. 

3 (c) REPORT.—Not later than 180 days after the com4 pletion of the demonstration project under subsection (a), 

5 the Under Secretary shall submit to the appropriate con6 gressional committees a report on the results of the dem7 onstration project. 

8 SEC. 409. THREATS RESEARCH AND DEVELOPMENT. 

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

10 out responsibilities under section 302 of the Homeland Se11 curity Act of 2002 (6 U.S.C. 182), may support research, 

12 development, testing, evaluation, and transition of tech13 nology that increases the Nation’s preparedness against 

14 chemical and biological threats and strengthens the Nation’s 

15 preparedness and collective response against those threats 

16 through improved threat awareness and advanced surveil17 lance, detection, and protective countermeasures, and to en18 hance the development of border security technology. 

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

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

21 understanding, technologies, and systems needed to protect 

22 against biological attacks on the Nation’s population or in23 frastructure, including— 

24 (1) providing advanced planning tools, concepts 

25 of operations (including alarm resolution protocols), 


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1 and training exercises for responding to and recov2 ering from biological attacks; 

3 (2) developing biological assays and improved 

4 detection technology that will operate with faster de5 tection times, lower costs, and the potential for in6 creased geographical coverage to the Nation when 

7 compared to existing homeland security technologies; 

8 (3) characterizing threats posed by biological 

9 weapons, anticipating future threats, conducting com10 prehensive threat and risk assessments to guide 

11 prioritization of the Nation’s biodefense investments, 

12 and developing population threat assessments that in13 form the issuance of material threat determinations; 

14 (4) conducting bioforensics research in support of 

15 criminal investigations to aid attribution, apprehen16 sion, and prosecution of a terrorist or other perpe17 trator of a biological attack, and providing tools and 

18 facilities that Federal law enforcement investigators 

19 need to analyze biological threat evidence recovered, 

20 including operation of the National Bioforensic Anal21 ysis Center; and 

22 (5) conducting appropriate research and studies 

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1 terization Center and other means as determined by 

2 the Secretary. 

3 (c) AGRICULTURAL SECURITY.—The Under Secretary 

4 may conduct research and development to enhance the pro5 tection of the Nation’s agriculture and food system against 

6 terrorist attacks, and other emergency events through en7 hancement of current agricultural countermeasures, devel8 opment of new agricultural countermeasures, and provision 

9 of safe, secure, state-of-the-art biocontainment laboratories 

10 for researching foreign animal and zoonotic diseases, in11 cluding— 

12 (1) developing technologies to defend the Nation 

13 against the natural and intentional introduction of 

14 selected foreign animal diseases, developing next-gen15 eration vaccines and diagnostics in coordination with 

16 the Department of Agriculture, and modeling the 

17 spread of foreign animal diseases and their economic 

18 impact to evaluate strategies for controlling outbreaks; 

19 and 

20 (2) leading the Department effort to enhance 

21 interagency coordination of research and development 

22 of agricultural disease countermeasures. 

23 (d) CHEMICAL SECURITY.—The Under Secretary may 

24 develop technology to reduce the Nation’s vulnerability to 


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1 chemical warfare agents and commonly used toxic indus2 trial chemicals, including— 

3 (1) developing a robust and enduring analytical 

4 capability in support of chemical countermeasures de5 velopment, including developing and validating foren6 sic methodologies and analytical tools, conducting 

7 risk and vulnerability assessments based on chemical 

8 threat properties, and maintaining infrastructure in9 cluding the Chemical Security Analysis Center; 

10 (2) developing technology to detect a chemical 

11 threat release; and 

12 (3) developing technologies and guidance docu13 ments to foster a coordinated approach to returning 

14 a chemically contaminated area to a normal condi15 tion, and to foster analysis of contaminated areas 

16 both before and after the restoration process. 

17 (e) RISK ASSESSMENTS.— 

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

19 produce risk assessments for biological and chemical 

20 threats, and shall coordinate with the Director of the 

21 Domestic Nuclear Detection Office of the Department, 

22 the Assistant Secretary of the Office of Health Affairs 

23 of the Department, and the Assistant Secretary of In24 frastructure Protection of the Department on an inteVerDate Mar 15 2010 21:09 Jun 25, 2010 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\H4842.RH H4842

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1 grated risk assessment, including regarding chemical, 

2 biological, radiological, nuclear, and explosive threats. 

3 (2) USAGE.—The assessments required under 

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

5 threat assessments and determinations by the Sec6 retary of Homeland Security regarding agents and 

7 toxins pursuant to section 302(9) of the Homeland 

8 Security Act of 2002 (6 U.S.C. 182(9)), and to guide 

9 prioritization of other homeland defense activities, as 

10 appropriate. 

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

12 Science and Technology shall convene an interagency 

13 task force of relevant subject matter experts to assess 

14 the proposed methodology to be used for each assess15 ment required under paragraph (1), and to provide 

16 recommendations to the Under Secretary as to the 

17 adequacy of such methodology. 

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

19 develop technology, in coordination with the Commissioner 

20 of Customs and Border Protection, to gain effective control 

21 of the international land borders of the United States with22 in 5 years after the date of enactment of this Act. In car23 rying out such development activities, the Under Secretary 

24 shall ensure coordination and integration between new techVerDate Mar 15 2010 21:09 Jun 25, 2010 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H4842.RH H4842

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1 nologies developed and those already utilized by U.S. Cus2 toms and Border Protection. 

3 SEC. 410. MARITIME DOMAIN AWARENESS AND MARITIME 

4 SECURITY TECHNOLOGY TEST, EVALUATION, 

5 AND TRANSITION CAPABILITIES. 

6 (a) GLOBAL MARITIME DOMAIN AWARENESS AND

7 MARITIME SECURITY TECHNOLOGY TEST, EVALUATION, 

8 AND TRANSITION CAPABILITIES.— 

9 (1) ESTABLISHMENT.—The Secretary shall estab10 lish capabilities for conducting global maritime do11 main awareness and maritime security technology 

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

13 subsection. 

14 (2) PURPOSE.—The purpose of such capabilities 

15 shall be to— 

16 (A) direct technology test, evaluation, and 

17 transition activities in furtherance of border and 

18 maritime security; and 

19 (B) evaluate such technology in diverse en20 vironments including coastal, seaport, and off21 shore locations. 

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

23 the Under Secretary, shall ensure that— 

24 (1) technology test, evaluation, and transition ef25 forts funded by the Department in furtherance of borVerDate Mar 15 2010 21:09 Jun 25, 2010 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H4842.RH H4842

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1 der and maritime security avoid duplication of ef2 forts, reduce unnecessary redundancies, streamline 

3 processes, increase efficiencies, and otherwise com4 plement existing Department and other efforts in bor5 der and maritime security; and 

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

7 appropriate congressional committees and others as 

8 determined appropriate by the Secretary. 

9 SEC. 411. RAPID BIOLOGICAL THREAT DETECTION AND 

10 IDENTIFICATION. 

11 (a) IN GENERAL.—Notwithstanding section 302(4) of 

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

13 Secretary shall require the Under Secretary, in consultation 

14 with other relevant operational components of the Depart15 ment, to assess whether the development of screening capa16 bilities for pandemic influenza and other infectious diseases 

17 should be undertaken by the Directorate to support entry 

18 and exit screening at ports of entry and for other purposes. 

19 (b) DEVELOPMENT OF METHODS.—If the Under Sec20 retary determines that the development of such screening 

21 capabilities should be undertaken, the Secretary shall, to the 

22 extent possible, initiate development of safe and effective 

23 methods to rapidly screen incoming travelers at ports of 

24 entry for pandemic influenza and other infectious 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 associated 

11 with radioactive materials. 

12 (2) Possible effects of different levels of radiation 

13 exposure, including a clear description of the how ra14 diation exposure occurs and the amount of exposure 

15 necessary to be of concern. 

16 (3) Actions that members of the public should 

17 take regarding evacuation, personal decontamination, 

18 and medical treatment. 

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

20 for postevent recovery from a radiological attack. Such plan 

21 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 strategies, 

2 including decontamination, demolition and removal, 

3 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 conduct 

8 research intended to assist State, local, and tribal leaders 

9 and the private sector in developing the tools and methods 

10 to enhance preparation for, and response and resilience to, 

11 terrorist events and other incidents. 

12 (b) INCLUDED ACTIVITIES.—Activities under this sec13 tion 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 commu20 nity; 

21 (4) a plan to address community needs for resil22 ience; 

23 (5) an education program for community leaders 

24 and first responders about their resilience capacity 


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1 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 tech13 nology that has the potential of significantly improv14 ing homeland security forensic and analytical capa15 bility; 

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 other appro20 priate Federal agencies, should encourage the private 

21 sector to develop interoperability standards for such 

22 emerging homeland security technology; and 

23 (4) such efforts will help the Federal Govern24 ment, which is one of the largest users of surveillance 


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1 technology, in detecting, deterring, preventing, and 

2 responding to terrorist attacks. 

3 SEC. 415. HOMELAND SECURITY SCIENCE AND TECH4 NOLOGY FELLOWS PROGRAM. 

5 (a) IN GENERAL.—Title III of the Homeland Security 

6 Act of 2002 (6 U.S.C. 181 et seq.) is further amended by 

7 adding at the end the following new section: 

8 ‘‘SEC. 319. HOMELAND SECURITY SCIENCE AND TECH9 NOLOGY FELLOWS PROGRAM. 

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

11 the Under Secretary for Science and Technology, shall es12 tablish a fellows program, to be known as the Homeland 

13 Security Science and Technology Fellows Program, under 

14 which the Under Secretary shall facilitate the temporary 

15 placement of scientists in relevant scientific or technological 

16 fields for up to two years in components of the Department 

17 with a need for scientific and technological expertise. 

18 ‘‘(b) UTILIZATION OF FELLOWS.— 

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

20 Under Secretary may employ fellows— 

21 ‘‘(A) for the use of the Directorate of Science 

22 and Technology; or 

23 ‘‘(B) for the use of Department components 

24 outside the Directorate, under an agreement with 

25 the head of such a component under which the 


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1 component will reimburse the Directorate for the 

2 costs of such employment. 

3 ‘‘(2) RESPONSIBILITIES.—Under such an agree4 ment— 

5 ‘‘(A) the Under Secretary shall— 

6 ‘‘(i) solicit and accept applications 

7 from individuals who are currently enrolled 

8 in or who are graduates of post-graduate 

9 programs in scientific and engineering 

10 fields related to the promotion of securing 

11 the homeland, including— 

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

13 behavioral, social, health, medical, and 

14 computational sciences; 

15 ‘‘(II) geosciences; 

16 ‘‘(III) all fields of engineering; 

17 and 

18 ‘‘(IV) such other disciplines as are 

19 determined relevant by the Secretary; 

20 ‘‘(ii) screen applicant candidates and 

21 interview them as appropriate to ensure 

22 that they possess the appropriate level of 

23 scientific and engineering expertise and 

24 qualifications; 


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1 ‘‘(iii) provide a list of qualified appli2 cants to the heads of Department compo3 nents seeking to utilize qualified fellows; 

4 ‘‘(iv) pay financial compensation to 

5 such fellows; 

6 ‘‘(v) coordinate with the Chief Security 

7 Officer to facilitate and expedite provision 

8 of security clearances to fellows, as appro9 priate; and 

10 ‘‘(vi) otherwise administer all aspects 

11 of the fellows’ employment with the Depart12 ment; and 

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

14 fellow shall— 

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

16 qualified applicants provided by the Under 

17 Secretary; 

18 ‘‘(ii) reimburse the Under Secretary 

19 for the costs of employing the fellow selected; 

20 and 

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

22 management of the fellow. 

23 ‘‘(c) APPLICATIONS FROM ASSOCIATIONS.—The Under 

24 Secretary may accept applications under subsection 

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1 tions on behalf of individuals whom such an association 

2 has determined may be qualified applicants under the pro3 gram.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents in 

5 section 1(b) of such Act is further amended by adding at 

6 the end of the items relating to title III the following new 

7 item: 

‘‘Sec. 319. Homeland Security Science and Technology Fellows Program.’’. 

8 SEC. 416. BIOLOGICAL THREAT AGENT ASSAY EQUIVA9 LENCY. 

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

11 further amended by adding at the end the following new 

12 section: 

13 ‘‘SEC. 320. BIOLOGICAL THREAT AGENT ASSAY EQUIVA14 LENCY PROGRAM. 

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

16 threat agent identification among federally operated bio17 monitoring programs, the Under Secretary, in consultation 

18 with the Director of the Centers for Disease Control and 

19 Prevention, may implement an assay equivalency program 

20 for biological threat assays. 

21 ‘‘(b) FEATURES.—In order to establish assay perform22 ance equivalency to support homeland security and public 

23 health security decisions, the program may— 

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

25 their protocols for use, and their associated response 


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1 algorithms for confirmation of biological threat 

2 agents, taking performance measures and concepts of 

3 operation into consideration; and 

4 ‘‘(2) develop assay equivalency standards based 

5 on the findings of the evaluation under paragraph 

6 (1). 

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

8 program as necessary. 

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

10 ‘‘(1) require implementation of the standards de11 veloped under subsection (b)(2) for all Department 

12 biomonitoring programs; and 

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

14 all other Federal biomonitoring programs. 

15 ‘‘(e) ASSAY DEFINED.—In this section the term ‘assay’ 

16 means any scientific test that is— 

17 ‘‘(1) designed to detect the presence of a biologi18 cal threat agent; and 

19 ‘‘(2) of a type selected under criteria established 

20 by the Secretary.’’. 

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

22 section 1(b) is further amended by adding at the end of 

23 the items relating to title III the following new item: 

‘‘Sec. 320. Biological threat agent assay equivalency program.’’. 


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1 SEC. 417. STUDY OF FEASIBILITY AND BENEFIT OF EXPAND2 ING OR ESTABLISHING PROGRAM TO CREATE 

3 A NEW CYBERSECURITY CAPACITY BUILDING 

4 TRACK AT CERTAIN INSTITUTIONS OF HIGH5 ER EDUCATION. 

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

7 Secretary, in coordination with the National Science Foun8 dation, shall commission a study by a nonprofit research 

9 institution to determine the feasibility and potential benefit 

10 of expanding the Federal Cyber Service Scholarship for 

11 Service Program, or establishing a parallel program, as 

12 methods to create a new cybersecurity or information assur13 ance capacity building track at institutions of higher edu14 cation that are not currently designated as a National Cen15 ter of Academic Excellence in Information Assurance Edu16 cation or a National Center of Academic Excellence in Re17 search. 

18 (b) SUBJECT MATTERS.—The study under subsection 

19 (a) shall include examinations of the following: 

20 (1) The feasibility and potential benefit of allow21 ing the following types of institutions into the exist22 ing Federal Cyber Service program: 

23 (A) Community colleges. 

24 (B) Institutions offering an undergraduate 

25 degree, graduate degree, or post-graduate degree, 

26 but do not qualify under the existing program. 


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1 (C) Institutions offering a certificate or in2 dustry-recognized credential. 

3 (2) The feasibility and potential benefit of estab4 lishing a new program modeled after the Federal 

5 Cyber Service program to build capacity at— 

6 (A) community colleges; 

7 (B) institutions offering an undergraduate 

8 degree, graduate degree, or post-graduate degree, 

9 but do not qualify under the existing program; 

10 or 

11 (C) institutions offering a certificate or in12 dustry-recognized credential. 

13 (3) The projected extent to which an expansion 

14 of the existing Federal Cyber Service program as de15 scribed in paragraph (1) would— 

16 (A) expand the availability of qualified in17 dividuals to work in information assurance and 

18 cybersecurity within the Department and other 

19 Federal, State, local, and tribal agencies, and the 

20 private sector; 

21 (B) encourage institutions of higher edu22 cation to develop a new information assurance 

23 or cybersecurity education undergraduate degree 

24 programs, graduate degree programs, or proVerDate Mar 15 2010 21:09 Jun 25, 2010 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H4842.RH H4842

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1 grams conferring a certificate or industry-recog2 nized credential; 

3 (C) increase the number of students grad4 uating annually from existing information as5 surance or cybersecurity education under6 graduate degree programs, graduate degree pro7 grams, or programs conferring a certificate or 

8 industry-recognized credential; or 

9 (D) improve existing information assurance 

10 or cybersecurity education undergraduate degree 

11 programs, graduate degree programs, or pro12 grams conferring a certificate or industry-recog13 nized credential. 

14 (4) The projected extent to which the establish15 ment of a new program modeled after the Federal 

16 Cyber Service program as described in paragraph (2) 

17 would— 

18 (A) expand the availability of qualified in19 dividuals to work in information assurance and 

20 cybersecurity within the Department and other 

21 Federal, State, local, and tribal agencies, and the 

22 private sector; 

23 (B) encourage institutions of higher edu24 cation to develop a new information assurance 

25 or cybersecurity education undergraduate degree 


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1 programs, graduate degree programs, or pro2 grams conferring a certificate or industry-recog3 nized credential; 

4 (C) increase the number of students grad5 uating annually from existing information as6 surance or cybersecurity education under7 graduate degree programs, graduate degree pro8 grams, or programs conferring a certificate or 

9 industry-recognized credential; or 

10 (D) improve existing information assurance 

11 or cybersecurity education undergraduate degree 

12 programs, graduate degree programs, or pro13 grams conferring a certificate or industry-recog14 nized credential. 

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

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

17 findings, together with any comments thereon by the Sec18 retary, to the appropriate congressional committees. 

19 SEC. 418. SENSE OF CONGRESS REGARDING CENTERS OF 

20 EXCELLENCE. 

21 It is the sense of Congress that centers of excellence 

22 have the potential— 

23 (1) to be a very useful tool in developing defen24 sive countermeasures to secure critical infrastructure 

25 and prevent terrorism; and 


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1 (2) to play a key role in the Department’s efforts 

2 to research and develop new technologies to secure the 

3 homeland. 

4 SEC. 419. ASSESSMENT, RESEARCH, TESTING, AND EVALUA5 TION OF TECHNOLOGIES TO MITIGATE THE 

6 THREAT OF SMALL VESSEL ATTACK. 

7 The Under Secretary may— 

8 (1) assess what technologies are available to 

9 mitigate the threat of small vessel attack in secure 

10 zones of ports, including the use of transponders or 

11 radio frequency identification devices to track small 

12 vessels; and 

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

14 new technologies that might be capable of tracking 

15 small vessels. 

16 SEC. 420. RESEARCH AND DEVELOPMENT PROJECTS. 

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

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

19 inserting ‘‘2012,’’; 

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

21 following new paragraph: 

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

23 the Under Secretary for Science and Technology in24 tends to exercise other transaction authority, the 

25 Under Secretary must receive prior approval from the 


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1 Secretary after submitting to the Secretary a proposal 

2 that includes the rationale for why a grant or con3 tract issued in accordance with the Federal Acquisi4 tion Regulation is not feasible or appropriate and the 

5 amount to be expended for such project. In such a 

6 case, the authority for evaluating the proposal may 

7 not be delegated by the Secretary to anyone other 

8 than the Under Secretary for Management.’’; and 

9 (3) by redesignating subsection (e) as subsection 

10 (i), and by inserting after subsection (d) the following 

11 new subsections: 

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

13 TRANSACTION AUTHORITY.— 

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

15 to the appropriate congressional committees an an16 nual report on the exercise of other transaction au17 thority. 

18 ‘‘(2) CONTENT.—The report shall include the fol19 lowing: 

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

21 projects were conducted using other transaction 

22 authority. 

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

24 projects among Federal and non-Federal sources. 


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1 ‘‘(C) The extent to which use of other trans2 action authority has addressed a homeland secu3 rity capability gap identified by the Department 

4 of Homeland Security. 

5 ‘‘(D) The total amount of payments, if any, 

6 that were received by the Federal Government as 

7 a result of such exercise of other transaction au8 thority during the period covered by the report. 

9 ‘‘(E) The rationale for using other trans10 action authority, including why grants or con11 tracts issued in accordance with the Federal Ac12 quisition Regulation were not feasible or appro13 priate. 

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

15 project. 

16 ‘‘(f) TRAINING.—The Secretary shall develop a train17 ing program for acquisitions staff in the use of other trans18 action authority to help ensure the appropriate use of such 

19 authority. 

20 ‘‘(g) REVIEW AUTHORITY.—The exercise of other trans21 action authority shall be subject to review by the Comp22 troller General of the United States to ensure that an agen23 cy is not attempting to avoid the requirements of procure24 ment statutes and regulations. 


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1 ‘‘(h) OTHER TRANSACTION AUTHORITY DEFINED.—In 

2 this section the term ‘other transaction authority’ means 

3 authority under subsection (a).’’. 

4 SEC. 421. NATIONAL URBAN SECURITY TECHNOLOGY LAB5 ORATORY. 

6 (a) IN GENERAL.—The National Urban Security Tech7 nology Laboratory (formerly the Environmental Measure8 ments Laboratory) is authorized within the Directorate for 

9 fiscal years 2011 and 2012. 

10 (b) RESPONSIBILITIES.—The Under Secretary shall 

11 utilize the National Urban Security Technology Laboratory 

12 to test, evaluate, and analyze homeland security capabilities 

13 and serve as a technical authority to first responders and 

14 State and local entities, including by— 

15 (1) conducting test programs, pilots projects, 

16 demonstrations, and other forms of evaluations of 

17 homeland security technologies both in the field and 

18 in the laboratory; 

19 (2) applying knowledge of operational end-user 

20 environments and support for operational integration 

21 to technology development, including— 

22 (A) training; 

23 (B) exercises; 

24 (C) equipment; 

25 (D) tactics; 


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1 (E) techniques; and 

2 (F) procedures; 

3 (3) representing interests and requirements be4 tween technology developers and operational end5 users; and 

6 (4) supporting development and use of homeland 

7 security equipment and operational standards. 

8 TITLE V—DOMESTIC NUCLEAR 

9 DETECTION OFFICE 

10 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated for the Domes12 tic Nuclear Detection Office of the Department— 

13 (1) $305,840,000 for fiscal year 2011; and 

14 (2) $315,005,000 for fiscal year 2012. 

15 SEC. 502. DOMESTIC NUCLEAR DETECTION OFFICE OVER16 SIGHT. 

17 (a) SENSE OF CONGRESS.—It is the sense of Congress 

18 that the Directorate should conduct basic and innovative 

19 research and nondevelopmental testing on behalf of the Do20 mestic Nuclear Detection Office (in this section referred to 

21 as ‘‘DNDO’’), in order to advance next generation nuclear 

22 detection technologies. 

23 (b) INTERNAL REVIEW OF PROJECT SELECTION AND

24 EVALUATION METHODOLOGY.—Not later than 90 days after 

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


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1 shall begin an internal review of the methodology by which 

2 research, development, testing, and evaluation is identified, 

3 prioritized, and funded by the DNDO. In conducting such 

4 review, the Director shall consult with the Under Secretary 

5 and the heads of all operational components of the Depart6 ment that own, operate, or maintain nuclear or radiological 

7 detection technologies. 

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

10 (1) identify the process by which basic and ap11 plied research and operational testing that should be 

12 conducted in concert and under agreement with the 

13 Directorate; 

14 (2) describe the roles, responsibilities, common 

15 definitions, standard operating procedures, and deci16 sion process for research, development, testing, and 

17 evaluation activities; 

18 (3) describe and implement a transparent system 

19 for tracking research, development, testing, and eval20 uation requirements; 

21 (4) describe and implement a mechanism to pro22 vide regular updates to components of the Department 

23 on the progress of such research; 

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

25 operational components of the Department and State 


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1 and local first responders are being adequately ad2 dressed by the existing project selection process, and 

3 if not, how such process can be improved; 

4 (6) establish a method to collect and evaluate De5 partment component feedback; 

6 (7) utilize departmental matrices and systems to 

7 determine if technologies produced by the Directorate 

8 have enhanced the ability of Department components 

9 to perform their missions; 

10 (8) identify appropriate five-year levels of invest11 ment in basic and applied research and development, 

12 in particular among the Department laboratories, 

13 federally funded research and development centers, 

14 university-based centers, Department of Energy na15 tional laboratories, and other Federal laboratories; 

16 (9) project balance of use of the entities referred 

17 to in paragraph (8) among the Directorate and other 

18 Department components; and 

19 (10) establish a formal merit review process, 

20 with external peer review where appropriate. 

21 (d) REPORT.—Not later than one year after the com22 pletion of the review required by subsection (b), the Director 

23 of the DNDO shall submit to the Secretary and the appro24 priate congressional committees a report containing the 

25 findings of such review, together with information on the 


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1 systems, methods, and mechanisms established, and rec2 ommendations for additional improvements. 

3 (e) UPDATES ON IMPLEMENTATION.—One hundred 

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

5 and annually thereafter, the Inspector General of the De6 partment shall submit to the appropriate congressional 

7 committees an update on the status of implementation of 

8 this section and activities in support of such implementa9 tion. 

10 SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS 

11 FOR GLOBAL NUCLEAR DETECTION ARCHI12 TECTURE. 

13 Not later than 180 days after the date of enactment 

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

15 congressional committees a report containing the following: 

16 (1) A strategic plan for the global nuclear detec17 tion architecture to deter and detect the transport of 

18 nuclear or radioactive materials by all means pos19 sible, with specific focus on establishing the goals, ob20 jectives, and cost projections for the next five years, 

21 including a discussion of— 

22 (A) technological and nontechnological 

23 methods to increase detection capabilities; 


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1 (B) the preventive nature of the global nu2 clear detection architecture, including projected 

3 impact on would-be terrorists; 

4 (C) detection capability enhancements for 

5 the various transportation modes, at ports of 

6 entry and between ports of entry; 

7 (D) balanced risk-based deployment of de8 tection assets across all border and other path9 ways; and 

10 (E) any emerging threat vectors identified 

11 by the Director of the Domestic Nuclear Detec12 tion Office. 

13 (2) In consultation with the Secretary of De14 fense, the Secretary of Energy, the Secretary of State, 

15 the Nuclear Regulatory Commission, the Intelligence 

16 Community, and the Attorney General, an analysis of 

17 overall budget allocations that determines whether 

18 Governmentwide nuclear detection resources clearly 

19 align with identified priorities to maximize results 

20 and minimize duplication of efforts. 

21 SEC. 504. RADIATION PORTAL MONITOR ALTERNATIVES. 

22 (a) SENSE OF CONGRESS.—It is the sense of Congress 

23 that in view of the Secretary’s decision not to certify ad24 vanced spectroscopic portal monitors for primary screening 

25 applications because they do not offer a significant increase 


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1 in operational effectiveness over existing technology, the Di2 rector must attempt to identify viable alternatives. 

3 (b) ANALYSIS AND REPORT.—The Director of the Do4 mestic Nuclear Detection Office shall analyze and report to 

5 the appropriate congressional committees by not later than 

6 90 days after the date of enactment of this Act on both exist7 ing and developmental alternatives to existing radiation 

8 portal monitors and advanced spectroscopic portal monitors 

9 that would provide the Department with a significant in10 crease in operational effectiveness for primary screening for 

11 radioactive materials. 

12 SEC. 505. AUTHORIZATION OF SECURING THE CITIES INI13 TIATIVE. 

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

15 (1) The Securing the Cities Initiative of the De16 partment uses next generation radiation detection 

17 technology to detect the transport of nuclear and radi18 ological material in urban areas by terrorists or other 

19 unauthorized individuals. 

20 (2) The technology used by partners in the Se21 curing the Cities Initiative leverages radiation detec22 tion technology used at ports of entry. 

23 (3) The Securing the Cities Initiative has fos24 tered unprecedented collaboration and coordination 

25 among its Federal, State, and local partners. 


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1 (4) The Securing the Cities Initiative is a crit2 ical national capability to detect the dangerous intro3 duction of nuclear and radiological material. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Of 

5 amounts authorized by section 501, there is authorized to 

6 be appropriated to the Director of the Domestic Nuclear De7 tection Office of the Department for the Securing the Cities 

8 Initiative such sums as may be necessary for each of fiscal 

9 years 2011 and 2012, including— 

10 (1) for each city in which it has been imple11 mented by fiscal year 2009— 

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

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

14 (2) for additional Securing the Cities initiatives 

15 to be implemented in not fewer than 2 sites partici16 pating in the Urban Area Security Initiative, such 

17 sums as may be necessary each fiscal year to imple18 ment and sustain each additional initiative. 

19 TITLE VI—CLARIFYING 

20 AMENDMENTS 

21 SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOP22 MENT CENTERS. 

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

24 (1) by inserting ‘‘(a) ESTABLISHMENT.—’’ before 

25 the first sentence; and 


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

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

4 the chairman and the ranking minority member of an ap5 propriate congressional committee, a federally funded re6 search and development center established under this section 

7 may perform independent analysis of homeland security 

8 issues and report its findings to the appropriate congres9 sional committees and the Secretary. 

10 ‘‘(c) CONGRESSIONAL OVERSIGHT.—Federally funded 

11 research and development centers established under this sec12 tion are encouraged, upon request of the chairman and the 

13 ranking minority member of an appropriate congressional 

14 committee, to provide to the committee a copy of any report 

15 it produces for the Department or any of its components. 

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

17 review and revise, as appropriate, the policies of the De18 partment relating to personnel conflicts of interest to ensure 

19 that such policies specifically address employees of federally 

20 funded research and development centers established under 

21 this section who are in a position to make or materially 

22 influence research findings or agency decisionmaking. 

23 ‘‘(e) ANNUAL REPORTS.—Each federally funded re24 search and development center established under this section 

25 shall transmit to the Secretary and appropriate congresVerDate Mar 15 2010 21:09 Jun 25, 2010 Jkt 089200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\H4842.RH H4842

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1 sional committees an annual report on the activities of the 

2 center.’’. 

3 SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTI4 TUTE. 

5 (a) REPEAL.—Section 312 (6 U.S.C. 192) is repealed. 

6 (b) CLERICAL AMENDMENT.—The table of contents in 

7 section 1(b) is amended by striking the item relating to such 

8 section. 

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

10 STATUTORY RELATIONSHIP BETWEEN THE 

11 DEPARTMENT AND THE DEPARTMENT OF EN12 ERGY NATIONAL LABORATORIES. 

13 (a) IN GENERAL.—Not later than 120 days after the 

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

15 of the United States shall— 

16 (1) conduct a study to assess the implementation 

17 of the statutory relationship between the Department 

18 and the Department of Energy national laboratories, 

19 as established by section 309(a)(2) of the Homeland 

20 Security Act of 2002 (6 U.S.C. 189(a)(2)); and 

21 (2) submit recommendations to the appropriate 

22 congressional committees for appropriate improve23 ments to such relationship. 

24 (b) STUDY SUBJECTS.—The study shall include the fol25 lowing: 


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1 (1) Review of how the Department and the De2 partment of Energy national laboratories— 

3 (A) communicate needs and capabilities; 

4 and 

5 (B) select projects to be performed by the 

6 Department of Energy national laboratories 

7 under such statutory relationship. 

8 (2) Review of contracting mechanisms that the 

9 Department and the Department of Energy national 

10 laboratories use to initiate and track work under such 

11 statutory relationship. 

12 (3) Review of the fraction of Department of En13 ergy national laboratory work performed for the De14 partment under such statutory relationship, compared 

15 to other Department of Energy national laboratory 

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

17 others’’ basis. 

18 (4) Review of the cost savings to the Department 

19 and the Department of Energy achieved through use 

20 of such statutory relationship, compared to other De21 partment of Energy national laboratory work per22 formed for the Department on a ‘‘work for others’’ 

23 basis. 


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1 TITLE VII—COMMISSION ON THE 

2 PROTECTION OF CRITICAL 

3 ELECTRIC AND ELECTRONIC 

4 INFRASTRUCTURES 

5 SEC. 701. COMMISSION ON THE PROTECTION OF CRITICAL 

6 ELECTRIC AND ELECTRONIC INFRASTRUC7 TURES. 

8 (a) ESTABLISHMENT.—There is established the Com9 mission on the Protection of Critical Electric and Elec10 tronic Infrastructures (in this section referred to as the 

11 ‘‘Commission’’). 

12 (b) PURPOSES.— 

13 (1) IN GENERAL.—The purposes of the Commis14 sion are to— 

15 (A) assess vulnerabilities of electric and 

16 electronic infrastructures, including— 

17 (i) all components of the United States 

18 electric grid, including electricity genera19 tion, transmission, distribution and meter20 ing; and 

21 (ii) all computerized control systems 

22 used in all United States critical infra23 structure sectors; 

24 (B) provide a clear and comprehensive 

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1 tecting these critical electric and electronic infra2 structures; and 

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

4 mitigation protection and recovery devices or 

5 methods. 

6 (2) IN PARTICULAR.—The Commission shall give 

7 particular attention to threats that can disrupt or 

8 damage critical electric and electronic infrastructures, 

9 including— 

10 (A) cyber attacks or unintentional cyber 

11 disruption; 

12 (B) electromagnetic phenomena such as 

13 geomagnetically induced currents, intentional 

14 electromagnetic interference, and electromagnetic 

15 pulses caused by nuclear weapons; and 

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

17 accident. 

18 (c) COMPOSITION OF COMMISSION.— 

19 (1) MEMBERS.—The Commission shall be com20 posed of 9 members, of whom— 

21 (A) 1 member shall be appointed by the 

22 Chairman of the House of Representatives Com23 mittee on Homeland Security; 


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1 (B) 1 member shall be appointed by the 

2 ranking minority member of the House of Rep3 resentatives Committee on Homeland Security; 

4 (C) 1 member shall be appointed by the 

5 Chairman of the House of Representatives Com6 mittee on Energy and Commerce; 

7 (D) 1 member shall be appointed by the 

8 ranking minority member of the House of Rep9 resentatives Committee on Energy and Com10 merce; 

11 (E) 1 member shall be appointed by the 

12 Chairman of the Senate Committee on Home13 land Security and Governmental Affairs; 

14 (F) 1 member shall be appointed by the 

15 ranking minority member of the Senate Com16 mittee on Homeland Security and Governmental 

17 Affairs; 

18 (G) 1 member shall be appointed by the 

19 Chairman of the Senate Committee on Energy 

20 and Natural Resources; 

21 (H) 1 member shall be appointed by the 

22 ranking minority member of the Senate Com23 mittee on Energy and Natural Resources; and 

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1 pointed by the Speaker of the House of Rep2 resentatives with the concurrence of the President 

3 Pro Tempore of the Senate. 

4 (2) QUALIFICATIONS.—It is the sense of Congress 

5 that individuals appointed to the Commission should 

6 be United States citizens, with significant depth of ex7 perience in electric and electronic infrastructures, 

8 their function, and their protection, as well as the 

9 threats to these infrastructures as identified in sub10 section (b)(2). 

11 (3) DEADLINE FOR APPOINTMENT.—All members 

12 of the Commission shall be appointed within 30 days 

13 after the date of enactment of this Act. 

14 (4) INITIAL MEETING.—The Commission shall 

15 meet and begin the operations of the Commission as 

16 soon as practicable. 

17 (5) QUORUM; VACANCIES.—After its initial meet18 ing, the Commission shall meet upon the call of the 

19 Chairman or a majority of its members. Six members 

20 of the Commission shall constitute a quorum. Any va21 cancy in the Commission shall not affect its powers, 

22 but shall be filled in the same manner in which the 

23 original appointment was made. 

24 (d) RESPONSIBILITIES OF COMMISSION.—The Com25 mission shall address— 


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1 (1) the quantification of the threats identified in 

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

3 electronic infrastructure, and a cost-benefit analysis 

4 of possible protection and recovery strategies; 

5 (2) the roles, missions, and structure of all rel6 evant Federal, State, and local government depart7 ments and agencies with responsibilities for ensuring 

8 protection and reliability for electric and electronic 

9 infrastructures; 

10 (3) the roles, missions, and structure of all rel11 evant private sector entities with responsibilities for 

12 ensuring protection and reliability for electric and 

13 electronic infrastructures; 

14 (4) inter-agency coordination between and 

15 among the entities identified in paragraphs (2) and 

16 (3); and 

17 (5) recommendations for protections and recov18 ery devices and measures. 

19 (e) POWERS OF COMMISSION.— 

20 (1) HEARINGS AND EVIDENCE.—The Commission 

21 or, on the authority of the Commission, any sub22 committee or member thereof, may, for the purpose of 

23 carrying out this section, hold such hearings and sit 

24 and act at such times and places, take such testi25 mony, receive such evidence, and administer such 


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1 oaths as the Commission or such designated sub2 committee or designated member may determine ad3 visable. 

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

5 such extent and in such amounts as are provided in 

6 appropriations Acts, enter into contracts to enable the 

7 Commission to discharge its duties under this subtitle. 

8 (3) STAFF OF COMMISSION.— 

9 (A) APPOINTMENT AND COMPENSATION.— 

10 The Chairman of the Commission, in accordance 

11 with rules agreed upon by the Commission, may 

12 appoint and fix the compensation of a staff di13 rector and such other personnel as may be nec14 essary to enable the Commission to carry out its 

15 functions, without regard to the provisions of 

16 title 5, United States Code, governing appoint17 ments in the competitive service, and without re18 gard to the provisions of chapter 51 and sub19 chapter III of chapter 53 of such title relating to 

20 classification and General Schedule pay rates, 

21 except that no rate of pay fixed under this sub22 section may exceed the equivalent of that payable 

23 for a position at level I of the Executive Schedule 

24 under section 5316 of title 5, United States Code. 


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1 (B) PERSONNEL AS FEDERAL EMPLOY2 EES.— 

3 (i) IN GENERAL.—The executive direc4 tor and any employees of the Commission 

5 shall be employees under section 2105 of 

6 title 5, United States Code, for purposes of 

7 chapters 63, 81, 83, 84, 85, 87, 89, and 90 

8 of that title. 

9 (ii) MEMBERS OF COMMISSION.—Sub10 paragraph (A) shall not be construed to 

11 apply to members of the Commission. 

12 (C) DETAILEES.—Any Federal Government 

13 employee may be detailed to the Commission 

14 without reimbursement from the Commission, 

15 and such detailee shall retain the rights, status, 

16 and privileges of his or her regular employment 

17 without interruption. 

18 (D) CONSULTANT SERVICES.—The Commis19 sion may procure the services of experts and con20 sultants in accordance with section 3109 of title 

21 5, United States Code, but at rates not to exceed 

22 the daily rate paid a person occupying a posi23 tion at level I of the Executive Schedule under 

24 section 5315 of title 5, United States Code. 


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1 (E) SECURITY CLEARANCES.—The Chair2 man shall place an emphasis on hiring and re3 taining employees, contractors, and detailees 

4 with active security clearances. For employees 

5 who do not have security clearances but are de6 termined by the Chairman to need them, the 

7 Central Intelligence Agency, Department of En8 ergy, Department of Defense, and any other rel9 evant agency shall expedite the necessary clear10 ance processes. 

11 (F) FORMER EMP COMMISSION STAFF AND

12 RESOURCES.—The Chairman may make use of 

13 any existing and viable staff and resources pre14 viously employed by the Commission to Assess 

15 the Threat to the United States from Electro16 magnetic Pulse Attack established by section 

17 1401 of Public Law 106–398 (114 Stat. 1654A– 

18 345). 

19 (4) INFORMATION FROM FEDERAL AGENCIES.— 

20 (A) IN GENERAL.—The Commission may se21 cure directly from any executive department, bu22 reau, agency, board, commission, office, inde23 pendent establishment, or instrumentality of the 

24 Government, information, suggestions, estimates, 

25 and statistics for the purposes of this section. 


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1 Each department, bureau, agency, board, com2 mission, office, independent establishment, or in3 strumentality shall, to the extent authorized by 

4 law, furnish such information, suggestions, esti5 mates, and statistics directly to the Commission, 

6 upon request made by the Chairman, the chair7 man of any subcommittee created by a majority 

8 of the Commission, or any member designated by 

9 a majority of the Commission. 

10 (B) RECEIPT, HANDLING, STORAGE, AND

11 DISSEMINATION.—Information shall only be re12 ceived, handled, stored, and disseminated by 

13 members of the Commission and its staff con14 sistent with all applicable statutes, regulations, 

15 and Executive orders. 

16 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

17 (A) GENERAL SERVICES ADMINISTRA18 TION.—The Administrator of General Services 

19 shall provide to the Commission on a reimburs20 able basis and as necessary, administrative sup21 port and other services for the performance of the 

22 Commission’s functions. 

23 (B) OTHER DEPARTMENTS AND AGEN24 CIES.—In addition to the assistance prescribed 

25 in paragraph (1), departments and agencies of 


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1 the United States may provide to the Commis2 sion such services, funds, facilities, staff, and 

3 other support services as they may determine ad4 visable and as may be authorized by law. 

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

6 and dispose of gifts or donations of services or prop7 erty. 

8 (7) POSTAL SERVICES.—The Commission may 

9 use the United States mails in the same manner and 

10 under the same conditions as departments and agen11 cies of the United States. 

12 (f) PUBLIC MEETINGS AND RELEASE OF PUBLIC

13 VERSIONS OF REPORTS.—The Commission shall— 

14 (1) hold public hearings and meetings to the ex15 tent appropriate; 

16 (2) release public versions of the report required 

17 under subsection (g); and 

18 (3) conduct any public hearing in a manner 

19 consistent with the protection of sensitive or classified 

20 information provided to or developed for or by the 

21 Commission as required by any applicable statute, 

22 regulation, or Executive order. 

23 (g) REPORT.—Not later than 180 days after the ap24 pointment of the Commission, and annually thereafter, the 

25 Commission shall submit to the President and Congress a 


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1 report containing such findings, conclusions, and rec2 ommendations for protection and recovery measures for 

3 electric and electronic infrastructures as have been agreed 

4 to by a majority of Commission members. 

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

6 101, there is authorized to be appropriated for the activities 

7 of the Commission under this section— 

8 (1) $4,000,000 for fiscal year 2011; and 

9 (2) $4,000,000 for fiscal year 2012. 


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Union Calendar No. 292 

111TH CONGRESS 

2D SESSION H. R. 4842 

[Report No. 111–486, Part I] 

A BILL 

To authorize appropriations for the Directorate of 

2012, and for other purposes. Homeland Security for fiscal years 2011 and Science and Technology of the Department of 

JUNE 25, 2010 

Committee on Science and Technology discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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