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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4842 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 4842

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Science and 
Technology Authorization Act of 2010''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. References.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.
                TITLE II--MANAGEMENT AND ADMINISTRATION

Sec. 201. Research prioritization and requirements; professional 
                            development; milestones and feedback.
Sec. 202. Testing, evaluation, and standards.
Sec. 203. External review.
Sec. 204. Office of Public-Private Partnerships.
                           TITLE III--REPORTS

Sec. 301. Directorate of Science and Technology strategic plan.
Sec. 302. Report on technology requirements.
Sec. 303. Report on venture capital organization.
        TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS

Sec. 401. Limitations on research.
Sec. 402. University-based centers.
Sec. 403. Review of university-based centers.
Sec. 404. Cybersecurity research and development.
Sec. 405. National Research Council study of cybersecurity incentives.
Sec. 406. Research on cyber compromise of infrastructure.
Sec. 407. Dual-use terrorist risks from synthetic genomics.
Sec. 408. Underwater tunnel security demonstration project.
Sec. 409. Threats research and development.
Sec. 410. Maritime domain awareness and maritime security technology 
                            test, evaluation, and transition 
                            capabilities.
Sec. 411. Rapid biological threat detection and identification.
Sec. 412. Educating the public about radiological threats.
Sec. 413. Rural resilience initiative.
Sec. 414. Sense of Congress regarding the need for interoperability 
                            standards for Internet protocol video 
                            surveillance technology.
Sec. 415. Homeland Security Science and Technology Fellows Program.
Sec. 416. Biological threat agent assay equivalency.
Sec. 417. Study of feasibility and benefit of expanding or establishing 
                            program to create a new cybersecurity 
                            capacity building track at certain 
                            institutions of higher education.
Sec. 418. Sense of Congress regarding centers of excellence.
Sec. 419. Assessment, research, testing, and evaluation of technologies 
                            to mitigate the threat of small vessel 
                            attack.
Sec. 420. Research and development projects.
Sec. 421. National Urban Security Technology Laboratory.
Sec. 422. Homeland security science and technology advisory committee.
               TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 501. Authorization of appropriations.
Sec. 502. Domestic Nuclear Detection Office oversight.
Sec. 503. Strategic plan and funding allocations for global nuclear 
                            detection architecture.
Sec. 504. Radiation portal monitor alternatives.
Sec. 505. Authorization of Securing the Cities Initiative.
                    TITLE VI--CLARIFYING AMENDMENTS

Sec. 601. Federally funded research and development centers.
Sec. 602. Elimination of Homeland Security Institute.
Sec. 603. GAO study of the implementation of the statutory relationship 
                            between the Department and the Department 
                            of Energy national laboratories.
Sec. 604. Technical changes.
   TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND 
                       ELECTRONIC INFRASTRUCTURES

Sec. 701. Commission on the Protection of Critical Electric and 
                            Electronic Infrastructures.
           TITLE VIII--BORDER SECURITY TECHNOLOGY INNOVATION

Sec. 801. Ensuring research activities of the Department of Homeland 
                            Security include appropriate concepts of 
                            operation.
Sec. 802. Report on basic research needs for border and maritime 
                            security.
Sec. 803. Incorporating unmanned aerial vehicles into border and 
                            maritime airspace.
Sec. 804. Establishing a research program in tunnel detection.
Sec. 805. Research in document security and authentication 
                            technologies.
Sec. 806. Study on global positioning system technologies.
Sec. 807. Study of mobile biometric technologies at the border.
Sec. 808. Authorization of appropriations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' means the Committee on 
        Homeland Security and the Committee on Science and Technology 
        of the House of Representatives and any committee of the House 
        of Representatives or the Senate having legislative 
        jurisdiction under the rules of the House of Representatives or 
        Senate, respectively, over the matter concerned.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Directorate.--The term ``Directorate'' means the 
        Directorate of Science and Technology of the Department.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Science and Technology of the 
        Department.

SEC. 4. REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision, the reference shall be considered to be made to a 
provision of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Under Secretary 
$1,121,664,000 for fiscal year 2011 and $1,155,313,920 for fiscal year 
2012 for the necessary expenses of the Directorate.

                TITLE II--MANAGEMENT AND ADMINISTRATION

SEC. 201. RESEARCH PRIORITIZATION AND REQUIREMENTS; PROFESSIONAL 
              DEVELOPMENT; MILESTONES AND FEEDBACK.

    (a) In General.--Title III (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following new sections:

``SEC. 318. RESEARCH PRIORITIZATION AND REQUIREMENTS.

    ``(a) Requirements.--The Secretary shall--
            ``(1) by not later than 180 days after the date of 
        enactment of this section, establish requirements for how basic 
        and applied homeland security research shall be identified, 
        prioritized, funded, tasked, and evaluated by the Directorate 
        of Science and Technology, including the roles and 
        responsibilities of the Under Secretary for Science and 
        Technology, the Under Secretary for Policy, the Under Secretary 
        for Management, the Director of the Office of Risk Management 
        and Analysis, the Director of the Domestic Nuclear Detection 
        Office, and the heads of operational components of the 
        Department; and
            ``(2) to the greatest extent possible, seek to publicize 
        the requirements for the purpose of informing the Federal, 
        State, and local governments, first responders, and the private 
        sector.
    ``(b) Contents.--In the requirements, the Secretary shall--
            ``(1) identify the Directorate of Science and Technology's 
        customers within and outside of the Department;
            ``(2) describe the risk formula and risk assessment tools, 
        including the risk assessment required under subsection (e)(1) 
        that the Department considers to identify, prioritize, and fund 
        homeland security research projects;
            ``(3) describe the considerations to be used by the 
        Directorate to task projects to research entities, including 
        the national laboratories, federally funded research and 
        development centers, and university-based centers;
            ``(4) describe the protocols to be used to assess off-the-
        shelf technology to determine if an identified homeland 
        security capability gap can be addressed through the 
        acquisition process instead of commencing research and 
        development of technology to address that capability gap;
            ``(5) describe the processes to be used by the Directorate 
        to strengthen first responder participation in identifying and 
        prioritizing homeland security technological gaps, including 
        by--
                    ``(A) soliciting feedback from appropriate national 
                associations and advisory groups representing the first 
                responder community and first responders within the 
                components of the Department; and
                    ``(B) establishing and promoting a publicly 
                accessible portal to allow the first responder 
                community to help the Directorate develop homeland 
                security research and development goals;
            ``(6) describe a mechanism to publicize the Department's 
        funded and unfunded homeland security technology priorities; 
        and
            ``(7) include such other requirements, policies, and 
        practices as the Secretary considers necessary.
    ``(c) Activities in Support of the Research Prioritization and 
Requirements.--Not later than one year after the date of the issuance 
of the requirements, the Secretary shall--
            ``(1) carry out the requirements of subsection (a);
            ``(2) establish, through the Under Secretary for Science 
        and Technology and Under Secretary for Management, a mandatory 
        workforce program for the Directorate's customers in the 
        Department to better identify and prioritize homeland security 
        capability gaps that may be addressed by a technological 
        solution based on the assessment required under section 
        319(a)(2);
            ``(3) establish a system to collect feedback from customers 
        of the Directorate on the performance of the Directorate; and
            ``(4) any other activities that the Secretary considers to 
        be necessary to implement the requirements.
    ``(d) Biannual Updates on Implementation.--One hundred and eighty 
days after the date of enactment of this section, and on a biannually 
basis thereafter, the Inspector General of the Department shall submit 
a biannually update to the appropriate congressional committees on the 
status of implementation of the research prioritization and 
requirements and activities in support of such requirements.
    ``(e) Risk Assessment.--The Secretary shall--
            ``(1) submit to the appropriate congressional committees by 
        not later than one year after the date of enactment of this 
        subsection and annually thereafter--
                    ``(A) a national-level risk assessment carried out 
                by the Secretary, describing and prioritizing the 
                greatest risks to the homeland, that includes 
                vulnerability studies, asset values (including asset 
                values for intangible assets), estimated rates of 
                occurrence, countermeasures employed, loss expectancy, 
                cost/benefit analyses, and other practices generally 
                associated with producing a comprehensive risk 
                assessment;
                    ``(B) an analysis of the Directorate's approach to 
                mitigating the homeland security risks identified under 
                subparagraph (A) through basic and applied research, 
                development, demonstration, testing, and evaluation 
                activities, as appropriate;
                    ``(C) an analysis, based on statistics and metrics, 
                of the effectiveness of the Directorate in reducing the 
                homeland security risks identified under subparagraph 
                (A) through the deployment of homeland security 
                technologies researched or developed by the 
                Directorate, as appropriate;
                    ``(D) a description of how the analysis required 
                under subparagraph (A) shall be used to inform, guide, 
                and prioritize the Department's homeland security 
                research and development activities, including 
                recommendations for how the Directorate should modify 
                or amend its existing research and development 
                activities, including for purposes of reducing the 
                risks to the homeland identified under subparagraph 
                (A); and
                    ``(E) a description of input from other relevant 
                Federal, State, or local agencies and relevant private 
                sector entities in conducting the risk assessment 
                required by subparagraph (A); and
            ``(2) conduct research and development on ways to most 
        effectively communicate information regarding the risks 
        identified under paragraph (1)(A) to the media as well as 
        directly to the public, both on an ongoing basis and during a 
        terrorist attack or other incident.
    ``(f) Report on HSARPA Activities.--
            ``(1) In general.--Consistent with the Federal Acquisition 
        Regulation and any other relevant Federal requirements, not 
        later than 60 days after the date of enactment of this 
        subsection and annually thereafter, the Secretary shall submit 
        a report to the appropriate congressional committees containing 
        the research, development, testing, evaluation, prototyping, 
        and deployment activities undertaken by the Homeland Security 
        Advanced Research Projects Agency during the previous fiscal 
        year, including funds expended for such activities in the 
        previous fiscal year.
            ``(2) Contents.--For each activity undertaken, the report 
        shall--
                    ``(A) describe, as appropriate, the corresponding 
                risk identified in subsection (e)(1)(A) that supports 
                the decision to undertake that activity; and
                    ``(B) describe any efforts made to transition that 
                activity into a Federal, State, or local acquisition 
                program.
            ``(3) Additional activities.--The Secretary shall include 
        in each report a description of each proposal that was reviewed 
        in the period covered by the report by the Director of the 
        Homeland Security Advanced Research Projects Agency under 
        section 313(d)(3), including a statement of whether the 
        proposal received a grant, cooperative agreement, or contract 
        from the Director.

``SEC. 319. PROFESSIONAL DEVELOPMENT.

    ``(a) Reporting Requirement.--Sixty days before establishing the 
mandatory workforce program as required by section 318(c)(2), the 
Secretary shall report to the appropriate congressional committees on 
the following:
            ``(1) A description of how homeland security technological 
        requirements are developed by the Directorate of Science and 
        Technology's customers within the Department.
            ``(2) A description of the training that should be provided 
        to the Directorate's customers in the Department under the 
        mandatory workforce program to allow them to identify, express, 
        and prioritize homeland security capability gaps.
            ``(3) A plan for how the Directorate, in coordination with 
        the Domestic Nuclear Detection Office and other Department 
        components, can enhance and improve technology requirements 
        development and the technology acquisition process, to 
        accelerate the delivery of effective, suitable technologies 
        that meet performance requirements and appropriately address an 
        identified homeland security capability gap.
            ``(4) An assessment of whether Congress should authorize, 
        in addition to the program required under section 318(c)(2), a 
        training program for Department employees to be trained in 
        requirements writing and acquisition, that--
                    ``(A) is prepared in consultation with the 
                Department of Veterans Affairs Acquisition Academy and 
                the Defense Acquisition University; and
                    ``(B) if the Secretary determines that such 
                additional training should be authorized by Congress, 
                includes specification about--
                            ``(i) the type, skill set, and job series 
                        of Department employees who would benefit from 
                        such training, including an estimate of the 
                        number of such employees;
                            ``(ii) a suggested curriculum for the 
                        training;
                            ``(iii) the type and skill set of educators 
                        who could most effectively teach those skills;
                            ``(iv) the length and duration of the 
                        training;
                            ``(v) the advantages and disadvantages of 
                        training employees in a live classroom, or 
                        virtual classroom, or both;
                            ``(vi) cost estimates for the training; and
                            ``(vii) the role of the Directorate in 
                        supporting the training.
    ``(b) Use of Research and Development Center.--The Secretary is 
encouraged to use a federally funded research and development center to 
assist the Secretary in carrying out the requirements of this section.

``SEC. 320. CUSTOMER FEEDBACK.

    ``In establishing a system to collect feedback under section 
318(c)(3), the Secretary shall--
            ``(1) create a formal process for collecting feedback from 
        customers on the effectiveness of the technology or services 
        delivered by Directorate of Science and Technology, including 
        through randomized sampling, focus groups, and other methods as 
        appropriate;
            ``(2) develop metrics for measuring customer satisfaction 
        and the usefulness of any technology or service provided by the 
        Directorate; and
            ``(3) establish standards and performance measures to be 
        met by the Directorate in order to provide high-quality 
        customer service.

``SEC. 321. RESEARCH PROGRESS.

    ``(a) In General.--The Secretary shall establish a system to 
monitor the progress of Directorate for Science and Technology 
research, development, testing, and evaluation activities, including 
the establishment of initial and subsequent research milestones.
    ``(b) System.--The system established under subsection (a) shall--
            ``(1) identify and monitor the progress toward research 
        milestones;
            ``(2) allow the Directorate to provide regular reports to 
        its customers regarding the status and progress of research 
        efforts of the Directorate;
            ``(3) allow the Secretary to evaluate how a technology or 
        service produced as a result of the Directorate's programs has 
        affected homeland security capability gaps; and
            ``(4) allow the Secretary to report the number of products 
        and services developed by the Directorate that have been 
        transitioned into acquisition programs.
    ``(c) Guidance.--The Under Secretary for Science and Technology 
shall publicize and implement guidance on setting valid initial and 
subsequent research milestones for homeland security research funded by 
the Directorate.

``SEC. 322. REPORT.

    ``(a) In General.--The Under Secretary shall submit a report to the 
appropriate congressional committees--
            ``(1) by not later than one year after the date of 
        enactment of sections 320 and 321 identifying what actions have 
        been taken to carry out the requirements of these sections; and
            ``(2) annually thereafter describing--
                    ``(A) research milestones for each large project 
                with a Federal cost share greater than $80,000,000 that 
                have been successfully met and missed, including for 
                each missed milestone, an explanation of why the 
                milestone was missed; and
                    ``(B) customer feedback collected and the success 
                of the Directorate in meeting the customer service 
                performance measures and standards, including an 
                evaluation of the effectiveness of the technology or 
                services delivered by the Directorate.''.
    (b) Clerical Amendments.--The table of contents in section 1(b) is 
amended in the items relating to subtitle D of title II--
            (1) in the item relating to the heading for the subtitle, 
        by striking ``Office of'';
            (2) in the item relating to section 231, by striking 
        ``office'' and inserting ``Office of Science and Technology''; 
        and
            (3) by adding at the end the following new items:

        ``Sec. 318. Research prioritization and requirements.
        ``Sec. 319. Professional development.
        ``Sec. 320. Customer feedback.
        ``Sec. 321. Research progress.
        ``Sec. 322. Report.

SEC. 202. TESTING, EVALUATION, AND STANDARDS.

    Section 308 (6 U.S.C. 188) is amended by adding at the end of the 
following new subsection:
    ``(d) Test, Evaluation, and Standards Division.--
            ``(1) Establishment.--There is established in the 
        Directorate of Science and Technology a Test, Evaluation, and 
        Standards Division.
            ``(2) Director.--The Test, Evaluation, and Standards 
        Division shall be headed by a Director of Test, Evaluation, and 
        Standards, who shall be appointed by the Secretary and report 
        to the Under Secretary for Science and Technology.
            ``(3) Responsibilities, authorities, and functions.--The 
        Director of Test, Evaluation, and Standards--
                    ``(A) is the principal adviser to the Secretary, 
                the Under Secretary of Management, and the Under 
                Secretary for Science and Technology on all test and 
                evaluation or standards activities in the Department; 
                and
                    ``(B) shall--
                            ``(i) prescribe test and evaluation 
                        policies for the Department, which shall 
                        include policies to ensure that operational 
                        testing is done at facilities that already have 
                        relevant and appropriate safety and material 
                        certifications to the extent such facilities 
                        are available;
                            ``(ii) oversee and ensure that adequate 
                        test and evaluation activities are planned and 
                        conducted by or on behalf of components of the 
                        Department in major acquisition programs of the 
                        Department, as designated by the Secretary, 
                        based on risk, acquisition level, novelty, 
                        complexity, and size of the acquisition 
                        program, or as otherwise established in 
                        statute;
                            ``(iii) review major acquisition program 
                        test reports and test data to assess the 
                        adequacy of test and evaluation activities 
                        conducted by or on behalf of components of the 
                        Department; and
                            ``(iv) review available test and evaluation 
                        infrastructure to determine whether the 
                        Department has adequate resources to carry out 
                        its testing and evaluation responsibilities, as 
                        established under this title.
            ``(4) Deputy director of operational test and evaluation.--
        Within the Division there shall be a Deputy Director of 
        Operational Test and Evaluation, who--
                    ``(A) is the principal operational test and 
                evaluation official for the Department; and
                    ``(B) shall--
                            ``(i) monitor and review the operational 
                        testing and evaluation activities conducted by 
                        or on behalf of components of the Department in 
                        major acquisition programs of the Department, 
                        as designated by the Secretary, based on risk, 
                        acquisition level, novelty, complexity, and 
                        size of the acquisition program, or as 
                        otherwise established in statute;
                            ``(ii) provide the Department with 
                        assessments of the adequacy of testing and 
                        evaluation activities conducted in support of 
                        major acquisitions programs; and
                            ``(iii) have prompt and full access to test 
                        and evaluation documents, data, and test 
                        results of the Department that the Deputy 
                        Director considers necessary to review in order 
                        to carry out the duties of the Deputy Director 
                        under this section.
            ``(5) Standards executive.--Within this Division, there 
        shall be a Standards Executive as described in Office of 
        Management and Budget Circular A-119. The Standards Executive 
        shall--
                    ``(A) implement the Department's standards policy 
                as described in section 102(g); and
                    ``(B) support the Department's use of technical 
                standards that are developed or adopted by voluntary 
                consensus standards bodies in accordance with section 
                12(d) of the National Technology Transfer and 
                Advancement Act of 1995 (15 U.S.C. 272 note).
            ``(6) Limitation.--The Division is not required to carry 
        out operational testing.
            ``(7) Evaluation of department of defense technologies.--
        The Director of Test, Evaluation, and Standards may evaluate 
        technologies currently in use or being developed by the 
        Department of Defense to assess whether they can be leveraged 
        to address homeland security capability gaps.''.

SEC. 203. EXTERNAL REVIEW.

    (a) Responsibilities and Authorities of the Under Secretary.--
Section 302 (6 U.S.C. 183) is amended by striking ``and'' after the 
semicolon at the end of paragraph (13), by striking the period at the 
end of paragraph (14) and inserting ``; and'', and by adding at the end 
the following new paragraph:
            ``(15) developing and overseeing the administration of 
        guidelines for periodic external review of research and 
        development programs or activities, including through--
                    ``(A) consultation with experts, including 
                scientists and practitioners, about the research and 
                development activities conducted by the Directorate of 
                Science and Technology; and
                    ``(B) ongoing independent, external review--
                            ``(i) initially at the division level; or
                            ``(ii) when divisions conduct multiple 
                        programs focused on significantly different 
                        subjects, at the program level.''.
    (b) Report.--The Secretary shall report to Congress not later than 
60 days after the completion of the first review under section 
302(15)(B) of the Homeland Security Act of 2002, as amended by 
subsection (a) of this section on--
            (1) the findings of the review; and
            (2) any future efforts to ensure that the Department's 
        research programs or activities are subject to external review, 
        as appropriate.

SEC. 204. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.

    (a) Establishment.--Section 313 (6 U.S.C. 193) is amended to read 
as follows:

``SEC. 313. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.

    ``(a) Establishment of Office.--There is established an Office of 
Public-Private Partnerships in the Directorate of Science and 
Technology.
    ``(b) Director.--The Office shall be headed by a Director, who 
shall be appointed by the Secretary. The Director shall report to the 
Under Secretary for Science and Technology.
    ``(c) Responsibilities.--The Director, in coordination with the 
Private Sector Office of the Department, shall--
            ``(1) engage and initiate proactive outreach efforts and 
        provide guidance on how to pursue proposals to develop or 
        deploy homeland security technologies (including regarding 
        Federal funding, regulation, or acquisition), including to 
        persons associated with small businesses (as that term is 
        defined in the Small Business Act (15 U.S.C. 631 et seq.));
            ``(2) coordinate with components of the Department to issue 
        announcements seeking unique and innovative homeland security 
        technologies to address homeland security capability gaps;
            ``(3) promote interaction between homeland security 
        researchers and private sector companies in order to accelerate 
        transition research or a prototype into a commercial product 
        and streamline the handling of intellectual property; and
            ``(4) conduct technology research assessment and 
        marketplace analysis for the purpose of identifying, 
        leveraging, and integrating best-of-breed technologies and 
        capabilities from industry, academia, and other Federal 
        Government agencies, and disseminate research and findings to 
        Federal, State, and local governments.
    ``(d) Rapid Review Division.--
            ``(1) Establishment.--There is established the Rapid Review 
        Division within the Office of Public-Private Partnerships.
            ``(2) Purpose and duties.--
                    ``(A) In general.--The Division--
                            ``(i) is responsible for maintaining a 
                        capability to perform business and technical 
                        reviews to assist in screening unsolicited 
                        homeland security technology proposals 
                        submitted to the Secretary; and
                            ``(ii) shall assess the feasibility, 
                        scientific and technical merits, and estimated 
                        cost of such proposals.
                    ``(B) Specific duties.--In carrying out those 
                duties, the Division shall--
                            ``(i) maintain awareness of the 
                        technological requirements of the Directorate's 
                        customers;
                            ``(ii) establish and publicize accessible, 
                        streamlined procedures allowing a participant 
                        to have their technology assessed by the 
                        Division;
                            ``(iii) make knowledgeable assessments of a 
                        participant's technology after receiving a 
                        business plan, a technology proposal, and a 
                        list of corporate officers, directors, and 
                        employees with technical knowledge of the 
                        proposal, within 60 days after such a 
                        submission;
                            ``(iv) review proposals submitted by 
                        components of the Department to the Division, 
                        subject to subsection (e); and
                            ``(v) in reviewing proposals submitted to 
                        the Secretary, give priority to any proposal 
                        submitted by a small business concern as 
                        defined under section 3 of the Small Business 
                        Act (15 U.S.C. 632).
            ``(3) Coordination.--The Director shall submit for 
        consideration promising homeland security technology research, 
        development, testing, and evaluation proposals, along with any 
        business and technical reviews, to the appropriate 
        subcomponents of the Directorate and the appropriate 
        operational components of the Department for consideration for 
        support.
    ``(e) Limitation on Consideration or Evaluation of Proposals.--The 
Office may not consider or evaluate homeland security technology 
proposals submitted in response to a solicitation for offers for a 
pending procurement or for a specific agency requirement.
    ``(f) Satellite Offices.--The Under Secretary, acting through the 
Director, may establish up to 3 satellite offices across the country to 
enhance the Department's outreach efforts. The Secretary shall notify 
the appropriate congressional committees in writing within 30 days 
after establishing any satellite office.
    ``(g) Personnel.--The Secretary shall establish rules to prevent 
the Director or any other employee of the Office from acting on matters 
where a conflict of interest may exist.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by striking the item relating to such section and inserting the 
following:

``Sec. 313. Office of Public-Private Partnerships.''.
    (c) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $30,000,000 for the 
Office of Public-Private Partnerships for each of fiscal years 2011 and 
2012.

                           TITLE III--REPORTS

SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY STRATEGIC PLAN.

    (a) In General.--Title III (6 U.S.C. 181 et seq.), as amended by 
section 201, is further amended by adding at the end the following new 
section:

``SEC. 323. STRATEGIC PLAN.

    ``(a) Requirement for Strategic Plan.--Not later than 1 year after 
the date of enactment of this section and every other year thereafter, 
the Under Secretary for Science and Technology shall prepare a 
strategic plan for the activities of the Directorate.
    ``(b) Contents.--The strategic plan required by subsection (a) 
shall be prepared in accordance with applicable Federal requirements, 
and shall include the following matters:
            ``(1) The long-term strategic goals of the Directorate.
            ``(2) Identification of the research programs of the 
        Directorate that support achievement of those strategic goals.
            ``(3) The connection of the activities and programs of the 
        Directorate to requirements or homeland security capability 
        gaps identified by customers within the Department and outside 
        of the Department, including the first responder community.
            ``(4) The role of the Department's risk analysis in the 
        activities and programs of the Directorate.
            ``(5) A technology transition strategy for the programs of 
        the Directorate.
            ``(6) A description of the policies of the Directorate on 
        the management, organization, and personnel of the Directorate.
    ``(c) Submission of Plan to Congress.--The Secretary shall submit 
to Congress any update to the strategic plan most recently prepared 
under subsection (a) at the same time that the President submits to 
Congress the budget for each even-numbered fiscal year.''.
    (b) Clerical Amendment.--The table of contents in section 1(b), as 
amended by section 201, is further amended by adding at the end of the 
items relating to title III the following new item:

``Sec. 323. Strategic plan.''.

SEC. 302. REPORT ON TECHNOLOGY REQUIREMENTS.

    Section 302 (6 U.S.C. 182) is amended by inserting ``(a) In 
General.--'' before the first sentence, and by adding at the end the 
following new subsection:
    ``(b) Report on Technology Requirements.--
            ``(1) In general.--Within 90 days after the date of 
        enactment, the Under Secretary shall, for each current project 
        conducted by the Directorate and having a Federal cost share 
        greater than $80,000,000, and on an ongoing basis thereafter 
        for any new project conducted by the Directorate and having a 
        Federal cost share greater than $80,000,000, provide to the 
        appropriate congressional committees a description of--
                    ``(A) the Department components and customers 
                consulted during the development of the operational and 
                technical requirements associated with the project; and
                    ``(B) the extent to which the requirements 
                incorporate the input of those components or customers.
            ``(2) Large projects.--Within 90 days after the date of 
        enactment, the Secretary shall, for each current project 
        conducted by a component of the Department besides the 
        Directorate, and having a life-cycle cost greater than 
        $1,000,000,000, and on an ongoing basis thereafter for any new 
        project conducted by a component of the Department besides the 
        Directorate, and having a life-cycle cost greater than 
        $1,000,000,000, provide to the appropriate congressional 
        committees detailed operational and technical requirements that 
        are associated with the project.''.

SEC. 303. REPORT ON VENTURE CAPITAL ORGANIZATION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit a report to the appropriate 
congressional committees--
            (1) assessing the current role of the venture capital 
        community in funding advanced homeland security technologies, 
        including technologies proposed by small business concerns as 
        defined under section 3 of the Small Business Act (15 U.S.C. 
        632); and
            (2) providing recommendations about creating a nonprofit 
        organization for the purposes of delivering advanced homeland 
        security technologies to the homeland security community to 
        further its missions.
    (b) Contents.--The report shall include the following:
            (1) An assessment of the current awareness and insight that 
        the Department has regarding advanced private sector homeland 
        security innovation, and the Department's ability to quickly 
        transition innovative products into acquisitions.
            (2) A description of how the Department currently finds and 
        works with emerging companies, particularly firms that have 
        never done business with the Federal Government, small business 
        concerns, small business concerns that are owned and operated 
        by women, small business concerns that are owned and operated 
        by veterans, and minority-owned and operated small business 
        concerns.
            (3) An assessment and analysis of the current role that 
        venture capitalists play in the development of homeland 
        security technologies, including an assessment of how the 
        venture capital community could be leveraged to accelerate 
        technology, foster development, and introduce new technologies 
        needed by the homeland security community.
            (4) An assessment of whether the Department could help 
        nascent commercial technologies mature into commercial-off-the-
        shelf products the homeland security community could acquire.
            (5) An analysis of whether the Central Intelligence 
        Agency's In-Q-Tel organization or the Department of Defense's 
        OnPoint Technologies organization could serve as a model for 
        the development of homeland security technology at the 
        Department.
            (6) Recommendations of the Secretary regarding how Congress 
        could authorize the establishment of a private, independent, 
        not-for-profit organization to bridge the gap between the 
        technology needs of the homeland security community and new 
        advances in commercial technology, including specifics on 
        potential funding levels, activities for the organization, 
        including the provision of technical assistance, and whether to 
        establish set-asides for small businesses that are minority-
        owned and operated or located in socially and economically 
        disadvantaged areas.
    (c) Use of Research and Development Center.--The Secretary is 
encouraged to use a federally funded research and development center to 
produce the report under this section.
    (d) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $500,000 for the 
report under this section.

        TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS

SEC. 401. LIMITATIONS ON RESEARCH.

    Section 302(a)(4), as designated by section 302, is further amended 
by inserting after ``extramural programs,'' the following: ``that, to 
the greatest extent possible, addresses a prioritized risk to the 
homeland as identified by a risk analysis under section 226(e) of this 
Act''.

SEC. 402. UNIVERSITY-BASED CENTERS.

    (a) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $40,000,000 for 
fiscal year 2011 and $41,200,000 for fiscal year 2012 to the Secretary 
to carry out the university-based centers program of the Department.
    (b) Criteria for Designation.--Section 308(b)(2)(B)(iii) (6 U.S.C. 
188(b)(2)(B)(iii)) is amended by inserting before the period at the end 
the following: ``, including medical readiness training and research, 
and community resiliency for public health and healthcare critical 
infrastructure''.
    (c) Explosive Countermeasures or Detection.--Section 
308(b)(2)(B)(iv) (6 U.S.C. 188(b)(2)(B)(iv)) is amended by striking 
``and nuclear'' and inserting ``nuclear, and explosive''.

SEC. 403. REVIEW OF UNIVERSITY-BASED CENTERS.

    (a) GAO Study of University-Based Centers.--Not later than 120 days 
after the date of enactment of this Act, the Comptroller General of the 
United States shall initiate a study to assess the university-based 
centers for homeland security program authorized by section 308(b)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), and provide 
recommendations to the appropriate congressional committees for 
appropriate improvements.
    (b) Subject Matters.--The study under subsection (a) shall include 
the following:
            (1) A review of the Department's efforts to identify key 
        areas of study needed to support the homeland security mission, 
        and criteria that the Department utilized to determine those 
        key areas for which the Department should maintain, establish, 
        or eliminate university-based centers.
            (2) A review of the method by which university-based 
        centers, federally funded research and development centers, and 
        Department of Energy national laboratories receive tasking from 
        the Department, including a review of how university-based 
        research is identified, prioritized, and funded.
            (3) A review of selection criteria for designating 
        university-based centers and a weighting of such criteria.
            (4) An examination of best practices from other agencies 
        efforts to organize and use university-based research to 
        support their missions.
            (5) A review of the Department's criteria and metrics to 
        measure demonstrable progress achieved by university-based 
        centers in fulfilling Department taskings, and mechanisms for 
        delivering and disseminating the research results of designated 
        university-based centers within the Department and to other 
        Federal, State, and local agencies.
            (6) An examination of the means by which academic 
        institutions that are not designated or associated with the 
        designated university-based centers can optimally contribute to 
        the research mission of the Directorate.
            (7) An assessment of the interrelationship between the 
        different university-based centers.
            (8) A review of any other essential elements of the 
        programs determined in the conduct of the study.
    (c) Moratorium on New University-Based Centers.--The Secretary may 
not designate any new university-based centers to research new areas in 
homeland security prior to the completion of the Comptroller General's 
review.

SEC. 404. CYBERSECURITY RESEARCH AND DEVELOPMENT.

    (a) In General.--The Under Secretary shall support research, 
development, testing, evaluation, and transition of cybersecurity 
technology, including fundamental, long-term research to improve the 
ability of the United States to prevent, protect against, detect, 
respond to, and recover from acts of terrorism and cyber attacks, with 
an emphasis on research and development relevant to large-scale, high-
impact attacks.
    (b) Activities.--The research and development supported under 
subsection (a) shall include work to--
            (1) advance the development and accelerate the deployment 
        of more secure versions of fundamental Internet protocols and 
        architectures, including for the domain name system and routing 
        protocols;
            (2) improve and create technologies for detecting attacks 
        or intrusions, including real-time monitoring and real-time 
        analytic technologies;
            (3) improve and create mitigation and recovery 
        methodologies, including techniques and policies for real-time 
        containment of attacks, and development of resilient networks 
        and systems that degrade gracefully;
            (4) develop and support infrastructure and tools to support 
        cybersecurity research and development efforts, including 
        modeling, testbeds, and data sets for assessment of new 
        cybersecurity technologies;
            (5) assist the development and support of technologies to 
        reduce vulnerabilities in process control systems;
            (6) develop and support cyber forensics and attack 
        attribution; and
            (7) test, evaluate, and facilitate the transfer of 
        technologies associated with the engineering of less vulnerable 
        software and securing the information technology software 
        development lifecycle.
    (c) Coordination.--In carrying out this section, the Under 
Secretary shall coordinate activities with--
            (1) the Under Secretary for National Protection and 
        Programs; and
            (2) the heads of other relevant Federal departments and 
        agencies, including the National Science Foundation, the 
        Defense Advanced Research Projects Agency, the Information 
        Assurance Directorate of the National Security Agency, the 
        National Institute of Standards and Technology, the Department 
        of Commerce, and other appropriate working groups established 
        by the President to identify unmet needs and cooperatively 
        support activities, as appropriate.
    (d) Authorization of Cybersecurity Preparedness Consortium and 
Training Center.--
            (1) Cybersecurity preparedness consortium.--Subtitle C of 
        title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et 
        seq.) is amended by adding at the end the following new 
        section:

``SEC. 226. CYBERSECURITY PREPAREDNESS CONSORTIUM.

    ``(a) In General.--To assist the Secretary in carrying out the 
requirements of section 404(a) of the Homeland Security Science and 
Technology Authorization Act of 2010, the Secretary may establish a 
consortium to be known as the `Cybersecurity Preparedness Consortium'.
    ``(b) Functions.--The Consortium shall--
            ``(1) provide training to State and local first responders 
        and officials specifically for preparing and responding to 
        cybersecurity attacks;
            ``(2) develop and update a curriculum and training model 
        for State and local first responders and officials;
            ``(3) provide technical assistance services to build and 
        sustain capabilities in support of cybersecurity preparedness 
        and response;
            ``(4) conduct cybersecurity training and simulation 
        exercises to defend from and respond to cyber attacks; and
            ``(5) coordinate all cybersecurity preparedness training 
        activities conducted by the Department.
    ``(c) Members.--The Consortium shall consist of academic, 
nonprofit, and government partners that--
            ``(1) have demonstrated expertise in developing and 
        delivering cybersecurity training in support of homeland 
        security;
            ``(2) have demonstrated ability to utilize existing courses 
        and expertise developed by the Department;
            ``(3) have demonstrated ability to coordinate with the 
        National Domestic Preparedness Consortium and other training 
        programs within the Department; and
            ``(4) include at least 3 academic institutions that are any 
        combination of historically Black colleges and universities, 
        Hispanic-serving institutions, or tribal colleges and 
        universities, that fulfill the criteria of paragraphs (1), (2) 
        and (3) of this subsection.
    ``(d) Definitions.--In this section:
            ``(1) Historically black college or university.--The term 
        `historically Black college or university' has the meaning 
        given the term `part B institution' in section 322(2) of the 
        Higher Education Act of 1965 (20 U.S.C. 1061(2)).
            ``(2) Hispanic-serving institution.--The term `Hispanic-
        serving institution' has the meaning given that term in section 
        502 of the Higher Education Act of 1965 (20 U.S.C. 1101(a)).
            ``(3) Tribal college or university.--The term `tribal 
        college or university' has the meaning given that term in 
        section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)).''.
            (2) Clerical amendment.--Section 1(b) of such Act is 
        further amended by adding at the end of the items relating to 
        such subtitle the following new item:

``Sec. 226. Cybersecurity Preparedness Consortium.''.
            (3) Cybersecurity training center.--Subtitle C of title II 
        of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is 
        further amended by adding at the end the following new section:

``SEC. 227. CYBERSECURITY TRAINING CENTER.

    ``The Secretary may establish where appropriate a Cybersecurity 
Training Center to provide training courses and other resources for 
State and local first responders and officials to improve preparedness 
and response capabilities.''.
            (4) Clerical amendment.--Section 1(b) of such Act is 
        further amended by adding at the end of the items relating to 
        such subtitle the following new item:

``Sec. 227. Cybersecurity Training Center.''.
    (e) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $75,000,000 to the 
Department for each of fiscal years 2011 and 2012 for the cybersecurity 
research and development activities of the Directorate to prevent, 
detect, and respond to acts of terrorism and other large-scale 
disruptions to information infrastructure.

SEC. 405. NATIONAL RESEARCH COUNCIL STUDY OF CYBERSECURITY INCENTIVES.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Under Secretary and the Under Secretary for National 
Protection and Programs of the Department shall seek to enter into an 
agreement with the National Research Council of the National Academy of 
Sciences to conduct a study to assess methods that might be used to 
promote market mechanisms that further cybersecurity and make 
recommendations for appropriate improvements thereto.
    (b) Subject Matters.--The study required under subsection (a) shall 
include the following:
            (1) Liability that subjects software and system vendors and 
        system operators to potential damages for system breaches.
            (2) Mandated reporting of security breaches that could 
        threaten critical functions, including provision of electricity 
        and resiliency of the financial sector.
            (3) Regulation that under threat of civil penalty, imposes 
        best practices on system operators of critical infrastructure.
            (4) Certification from standards bodies about conformance 
        to relevant cybersecurity standards that can be used as a 
        marketplace differentiation.
            (5) Accounting practices that require companies to report 
        their cybersecurity practices and postures and the results of 
        independently conducted red team simulated attacks or 
        exercises.
            (6) Cybersecurity risk insurance, including analysis of the 
        current marketplace and recommendations to promote 
        cybersecurity insurance.
    (c) Submission to Congress.--Not later than two years after the 
date of enactment of this Act, the Secretary shall submit to the 
appropriate congressional committees the results of the study required 
under subsection (a), together with any recommendations of the 
Secretary related thereto.
    (d) Authorization of Appropriations.--Of the amount authorized by 
section 101, there is authorized to be appropriated $500,000 to the 
Department for fiscal year 2011 to carry out this section.

SEC. 406. RESEARCH ON CYBER COMPROMISE OF INFRASTRUCTURE.

    (a) In General.--Pursuant to section 201 of the Homeland Security 
Act of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness 
for and collective response to a cyber attack by a terrorist or other 
person, the Secretary, working with the heads of other national 
security and intelligence agencies, shall periodically conduct research 
to determine if the security of federally owned programmable electronic 
devices and communication networks, including hardware, software, and 
data, essential to the reliable operation of critical electric 
infrastructure has been compromised.
    (b) Scope of Research.--The scope of the research required under 
subsection (a) shall include the following:
            (1) The extent of any compromise.
            (2) An identification of any attackers, including any 
        affiliations with terrorists, terrorist organizations, state 
        entities, and non-state entities.
            (3) The method of penetration.
            (4) Ramifications of any such compromise on future 
        operations of critical electric infrastructure.
            (5) Secondary ramifications of any such compromise on other 
        critical infrastructure sectors and the functioning of civil 
        society.
            (6) Ramifications of any such compromise on national 
        security, including war fighting capability.
            (7) Recommended mitigation activities.
    (c) Report.--Not later than 30 days after the date a determination 
has been made under subsection (a), the Secretary shall submit to the 
appropriate congressional committees a report on the findings of such 
determination. The report may contain a classified annex if the 
Secretary determines it to be appropriate.

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

    (a) Sense of Congress.--It is the sense of Congress that the field 
of synthetic genomics has the potential to facilitate enormous gains in 
fundamental discovery and biotechnological applications, but it also 
has inherent dual-use homeland security risks that must be managed.
    (b) Requirement.--The Under Secretary shall examine and report to 
the appropriate congressional committees by not later than one year 
after the date of enactment of this Act on the homeland security 
implications of the dual-use nature of synthetic genomics and, if the 
Under Secretary determines that such research is appropriate, may 
conduct research in that area, including--
            (1) determining the current capability of synthetic nucleic 
        acid providers to effectively differentiate a legitimate 
        customer from a potential terrorist or other malicious actor;
            (2) determining the current capability of synthetic nucleic 
        acid providers to effectively screen orders for sequences of 
        homeland security concern; and
            (3) making recommendations regarding screening software, 
        protocols, and other remaining capability gaps uncovered by the 
        study.

SEC. 408. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.

    (a) In General.--The Under Secretary, in consultation with the 
Assistant Secretary of the Transportation Security Administration, 
shall conduct a demonstration project to test and assess the 
feasibility and effectiveness of certain technologies to enhance the 
security of underwater public transportation tunnels against terrorist 
attacks involving the use of improvised explosive devices.
    (b) Inflatable Plugs.--At least one of the technologies tested 
under subsection (a) shall be inflatable plugs that may be rapidly 
deployed to prevent flooding of an underwater public transportation 
tunnel.
    (c) Report.--Not later than 180 days after the completion of the 
demonstration project under subsection (a), the Under Secretary shall 
submit to the appropriate congressional committees a report on the 
results of the demonstration project.

SEC. 409. THREATS RESEARCH AND DEVELOPMENT.

    (a) In General.--The Under Secretary, in carrying out 
responsibilities under section 302 of the Homeland Security Act of 2002 
(6 U.S.C. 182), may support research, development, testing, evaluation, 
and transition of technology that increases the Nation's preparedness 
against chemical and biological threats and strengthens the Nation's 
preparedness and collective response against those threats through 
improved threat awareness and advanced surveillance, detection, and 
protective countermeasures, and to enhance the development of border 
security technology.
    (b) Biological Security.--To carry out subsection (a), the Under 
Secretary may conduct research to develop understanding, technologies, 
and systems needed to protect against biological attacks on the 
Nation's population or infrastructure, including--
            (1) providing advanced planning tools, concepts of 
        operations (including alarm resolution protocols), and training 
        exercises for responding to and recovering from biological 
        attacks;
            (2) developing biological assays and improved detection 
        technology that will operate with faster detection times, lower 
        costs, and the potential for increased geographical coverage to 
        the Nation when compared to existing homeland security 
        technologies;
            (3) characterizing threats posed by biological weapons, 
        anticipating future threats, conducting comprehensive threat 
        and risk assessments to guide prioritization of the Nation's 
        biodefense investments, and developing population threat 
        assessments that inform the issuance of material threat 
        determinations;
            (4) conducting bioforensics research in support of criminal 
        investigations to aid attribution, apprehension, and 
        prosecution of a terrorist or other perpetrator of a biological 
        attack, and providing tools and facilities that Federal law 
        enforcement investigators need to analyze biological threat 
        evidence recovered, including operation of the National 
        Bioforensic Analysis Center; and
            (5) conducting appropriate research and studies that will 
        increase our understanding of and uncertainties associated with 
        risk and threats posed by biological agents through the 
        Biological Threat Characterization Center and other means as 
        determined by the Secretary.
    (c) Agricultural Security.--The Under Secretary may conduct 
research and development to enhance the protection of the Nation's 
agriculture and food system against terrorist attacks, and other 
emergency events through enhancement of current agricultural 
countermeasures, development of new agricultural countermeasures, and 
provision of safe, secure, state-of-the-art biocontainment laboratories 
for researching foreign animal and zoonotic diseases, including--
            (1) developing technologies to defend the Nation against 
        the natural and intentional introduction of selected foreign 
        animal diseases, developing next-generation vaccines and 
        diagnostics in coordination with the Department of Agriculture, 
        and modeling the spread of foreign animal diseases and their 
        economic impact to evaluate strategies for controlling 
        outbreaks; and
            (2) leading the Department effort to enhance interagency 
        coordination of research and development of agricultural 
        disease countermeasures.
    (d) Chemical Security.--The Under Secretary may develop technology 
to reduce the Nation's vulnerability to chemical warfare agents and 
commonly used toxic industrial chemicals, including--
            (1) developing a robust and enduring analytical capability 
        in support of chemical countermeasures development, including 
        developing and validating forensic methodologies and analytical 
        tools, conducting risk and vulnerability assessments based on 
        chemical threat properties, and maintaining infrastructure 
        including the Chemical Security Analysis Center;
            (2) developing technology to detect a chemical threat 
        release; and
            (3) developing technologies and guidance documents to 
        foster a coordinated approach to returning a chemically 
        contaminated area to a normal condition, and to foster analysis 
        of contaminated areas both before and after the restoration 
        process.
    (e) Risk Assessments.--
            (1) In general.--The Under Secretary shall produce risk 
        assessments for biological and chemical threats, and shall 
        coordinate with the Director of the Domestic Nuclear Detection 
        Office of the Department, the Assistant Secretary of the Office 
        of Health Affairs of the Department, and the Assistant 
        Secretary of Infrastructure Protection of the Department on an 
        integrated risk assessment, including regarding chemical, 
        biological, radiological, nuclear, and explosive threats.
            (2) Usage.--The assessments required under paragraph (1) 
        shall be used to inform and guide the threat assessments and 
        determinations by the Secretary regarding agents and toxins 
        pursuant to section 302(9) of the Homeland Security Act of 2002 
        (6 U.S.C. 182(9)), and to guide prioritization of other 
        homeland defense activities, as appropriate.
            (3) Task force.--The Under Secretary for Science and 
        Technology shall convene an interagency task force of relevant 
        subject matter experts to assess the proposed methodology to be 
        used for each assessment required under paragraph (1), and to 
        provide recommendations to the Under Secretary as to the 
        adequacy of such methodology.
    (f) Border Security.--The Under Secretary may develop technology, 
in coordination with the Commissioner of Customs and Border Protection, 
to gain effective control of the international land borders of the 
United States within 5 years after the date of enactment of this Act. 
In carrying out such development activities, the Under Secretary shall 
ensure coordination and integration between new technologies developed 
and those already utilized by U.S. Customs and Border Protection.

SEC. 410. MARITIME DOMAIN AWARENESS AND MARITIME SECURITY TECHNOLOGY 
              TEST, EVALUATION, AND TRANSITION CAPABILITIES.

    (a) Global Maritime Domain Awareness and Maritime Security 
Technology Test, Evaluation, and Transition Capabilities.--
            (1) Establishment.--The Secretary shall establish 
        capabilities for conducting global maritime domain awareness 
        and maritime security technology test, evaluation, and 
        transition, as provided in this subsection.
            (2) Purpose.--The purpose of such capabilities shall be 
        to--
                    (A) direct technology test, evaluation, and 
                transition activities in furtherance of border and 
                maritime security; and
                    (B) evaluate such technology in diverse 
                environments including coastal, seaport, and offshore 
                locations.
    (b) Coordination.--The Secretary, acting through the Under 
Secretary, shall ensure that--
            (1) technology test, evaluation, and transition efforts 
        funded by the Department in furtherance of border and maritime 
        security avoid duplication of efforts, reduce unnecessary 
        redundancies, streamline processes, increase efficiencies, and 
        otherwise complement existing Department and other efforts in 
        border and maritime security; and
            (2) the results of such efforts are shared with the 
        appropriate congressional committees and others as determined 
        appropriate by the Secretary.

SEC. 411. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION.

    (a) In General.--Notwithstanding section 302(4) of the Homeland 
Security Act of 2002 (6 U.S.C. 182(4)), the Secretary shall require the 
Under Secretary, in consultation with other relevant operational 
components of the Department, to assess whether the development of 
screening capabilities for pandemic influenza and other infectious 
diseases should be undertaken by the Directorate to support entry and 
exit screening at ports of entry and for other purposes.
    (b) Development of Methods.--If the Under Secretary determines that 
the development of such screening capabilities should be undertaken, 
the Secretary shall, to the extent possible, initiate development of 
safe and effective methods to rapidly screen incoming travelers at 
ports of entry for pandemic influenza and other infectious diseases.
    (c) Collaboration.--In developing methods under subsection (b), the 
Secretary may collaborate with other Federal agencies, as appropriate.

SEC. 412. EDUCATING THE PUBLIC ABOUT RADIOLOGICAL THREATS.

    (a) Public Awareness Campaign.--The Secretary shall develop a 
public awareness campaign to enhance preparedness and collective 
response to a radiological attack, including the following:
            (1) A clear explanation of the dangers associated with 
        radioactive materials.
            (2) Possible effects of different levels of radiation 
        exposure, including a clear description of the how radiation 
        exposure occurs and the amount of exposure necessary to be of 
        concern.
            (3) Actions that members of the public should take 
        regarding evacuation, personal decontamination, and medical 
        treatment.
    (b) Recovery.--The Secretary shall develop a plan for postevent 
recovery from a radiological attack. Such plan shall include the 
following:
            (1) A definition of the demarcation between response and 
        recovery from a radiological attack.
            (2) Consideration of multiple attack scenarios, including a 
        worst-case scenario.
            (3) Consideration of multiple recovery strategies, 
        including decontamination, demolition and removal, and 
        relocation.
            (4) Consideration of economic, health, and psychological 
        effects.

SEC. 413. RURAL RESILIENCE INITIATIVE.

    (a) In General.--The Under Secretary shall conduct research 
intended to assist State, local, and tribal leaders and the private 
sector in developing the tools and methods to enhance preparation for, 
and response and resilience to, terrorist events and other incidents.
    (b) Included Activities.--Activities under this section may 
include--
            (1) research and implementation through outreach activities 
        with rural communities;
            (2) an examination of how communities employ resilience 
        capabilities and response assets;
            (3) a community resilience baseline template for 
        determining the resilience capacity of a rural community;
            (4) a plan to address community needs for resilience;
            (5) an education program for community leaders and first 
        responders about their resilience capacity and mechanisms for 
        mitigation, including via distance learning; and
            (6) a mechanism by which this research can serve as a model 
        for adoption by communities across the Nation.

SEC. 414. SENSE OF CONGRESS REGARDING THE NEED FOR INTEROPERABILITY 
              STANDARDS FOR INTERNET PROTOCOL VIDEO SURVEILLANCE 
              TECHNOLOGY.

    It is the sense of Congress that--
            (1) video surveillance systems that operate over the 
        Internet are an emerging homeland security technology that has 
        the potential of significantly improving homeland security 
        forensic and analytical capability;
            (2) to realize the full security benefits of such emerging 
        homeland security technology, there should be interoperability 
        standards for such technology;
            (3) the Directorate, working with the National Institute of 
        Standards and Technology and any other appropriate Federal 
        agencies, should encourage the private sector to develop 
        interoperability standards for such emerging homeland security 
        technology; and
            (4) such efforts will help the Federal Government, which is 
        one of the largest users of surveillance technology, in 
        detecting, deterring, preventing, and responding to terrorist 
        attacks.

SEC. 415. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is further amended by adding at the end the 
following new section:

``SEC. 324. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall establish a fellows 
program, to be known as the Homeland Security Science and Technology 
Fellows Program, under which the Under Secretary shall facilitate the 
temporary placement of scientists in relevant scientific or 
technological fields for up to two years in components of the 
Department with a need for scientific and technological expertise.
    ``(b) Utilization of Fellows.--
            ``(1) In general.--Under the Program, the Under Secretary 
        may employ fellows--
                    ``(A) for the use of the Directorate of Science and 
                Technology; or
                    ``(B) for the use of Department components outside 
                the Directorate, under an agreement with the head of 
                such a component under which the component will 
                reimburse the Directorate for the costs of such 
                employment.
            ``(2) Responsibilities.--Under such an agreement--
                    ``(A) the Under Secretary shall--
                            ``(i) solicit and accept applications from 
                        individuals who are currently enrolled in 
                        graduate programs, or have received a graduate 
                        degree within 3 years prior to the time of 
                        application in scientific and engineering 
                        fields related to the promotion of securing the 
                        homeland, including--
                                    ``(I) biological, chemical, 
                                physical, behavioral, social, health, 
                                medical, and computational sciences;
                                    ``(II) geosciences;
                                    ``(III) all fields of engineering; 
                                and
                                    ``(IV) such other disciplines as 
                                are determined relevant by the 
                                Secretary;
                            ``(ii) screen applicant candidates and 
                        interview them as appropriate to ensure that 
                        they possess the appropriate level of 
                        scientific and engineering expertise and 
                        qualifications;
                            ``(iii) provide a list of qualified 
                        applicants to the heads of Department 
                        components seeking to utilize qualified 
                        fellows;
                            ``(iv) pay financial compensation to such 
                        fellows;
                            ``(v) coordinate with the Chief Security 
                        Officer to facilitate and expedite provision of 
                        security clearances to fellows, as appropriate; 
                        and
                            ``(vi) otherwise administer all aspects of 
                        the fellows' employment with the Department; 
                        and
                    ``(B) the head of the component utilizing the 
                fellow shall--
                            ``(i) select a fellow from the list of 
                        qualified applicants provided by the Under 
                        Secretary;
                            ``(ii) reimburse the Under Secretary for 
                        the costs of employing the fellow selected; and
                            ``(iii) be responsible for the day-to-day 
                        management of the fellow.
    ``(c) Applications From Associations.--The Under Secretary may 
accept applications under subsection (b)(2)(A) that are submitted by 
science or policy associations on behalf of individuals whom such an 
association has determined may be qualified applicants under the 
program.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to title III the following new item:

``Sec. 324. Homeland Security Science and Technology Fellows 
                            Program.''.

SEC. 416. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY.

    (a) In General.--Title III (6 U.S.C. 181 et seq.) is further 
amended by adding at the end the following new section:

``SEC. 325. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY PROGRAM.

    ``(a) In General.--To facilitate equivalent biological threat agent 
identification among federally operated biomonitoring programs, the 
Under Secretary, in consultation with other relevant Federal agencies, 
may implement an assay equivalency program for biological threat 
assays.
    ``(b) Features.--In order to establish assay performance 
equivalency to support homeland security and public health security 
decisions, the program may--
            ``(1) evaluate biological threat detection assays, their 
        protocols for use, and their associated response algorithms for 
        confirmation of biological threat agents, taking performance 
        measures and concepts of operation into consideration; and
            ``(2) develop assay equivalency standards based on the 
        findings of the evaluation under paragraph (1).
    ``(c) Update.--The Under Secretary shall update the program as 
necessary.
    ``(d) Implementation.--The Secretary shall--
            ``(1) require implementation of the standards developed 
        under subsection (b)(2) for all Department biomonitoring 
        programs; and
            ``(2) make such standards available to support all other 
        Federal biomonitoring programs.
    ``(e) Assay Defined.--In this section the term `assay' means any 
scientific test that is--
            ``(1) designed to detect the presence of a biological 
        threat agent; and
            ``(2) of a type selected under criteria established by the 
        Secretary.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 325. Biological threat agent assay equivalency program.''.

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.

    (a) In General.--Within 90 days of enactment, the Secretary, in 
coordination with the National Science Foundation, shall commission a 
study by a nonprofit research institution to determine the feasibility 
and potential benefit of expanding the Federal Cyber Service 
Scholarship for Service Program, or establishing a parallel program, as 
methods to create a new cybersecurity or information assurance capacity 
building track at institutions of higher education that are not 
currently designated as a National Center of Academic Excellence in 
Information Assurance Education or a National Center of Academic 
Excellence in Research.
    (b) Subject Matters.--The study under subsection (a) shall include 
examinations of the following:
            (1) The feasibility and potential benefit of allowing the 
        following types of institutions into the existing Federal Cyber 
        Service program:
                    (A) Community colleges.
                    (B) Institutions offering an undergraduate degree, 
                graduate degree, or post-graduate degree, but do not 
                qualify under the existing program.
                    (C) Institutions offering a certificate or 
                industry-recognized credential.
            (2) The feasibility and potential benefit of establishing a 
        new program modeled after the Federal Cyber Service program to 
        build capacity at--
                    (A) community colleges;
                    (B) institutions offering an undergraduate degree, 
                graduate degree, or post-graduate degree, but do not 
                qualify under the existing program; or
                    (C) institutions offering a certificate or 
                industry-recognized credential.
            (3) The projected extent to which an expansion of the 
        existing Federal Cyber Service program as described in 
        paragraph (1) would--
                    (A) expand the availability of qualified 
                individuals to work in information assurance and 
                cybersecurity within the Department and other Federal, 
                State, local, and tribal agencies, and the private 
                sector;
                    (B) encourage institutions of higher education to 
                develop a new information assurance or cybersecurity 
                education undergraduate degree programs, graduate 
                degree programs, or programs conferring a certificate 
                or industry-recognized credential;
                    (C) increase the number of students graduating 
                annually from existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential; or
                    (D) improve existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential.
            (4) The projected extent to which the establishment of a 
        new program modeled after the Federal Cyber Service program as 
        described in paragraph (2) would--
                    (A) expand the availability of qualified 
                individuals to work in information assurance and 
                cybersecurity within the Department and other Federal, 
                State, local, and tribal agencies, and the private 
                sector;
                    (B) encourage institutions of higher education to 
                develop a new information assurance or cybersecurity 
                education undergraduate degree programs, graduate 
                degree programs, or programs conferring a certificate 
                or industry-recognized credential;
                    (C) increase the number of students graduating 
                annually from existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential; or
                    (D) improve existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential.
    (c) Report.--Not later than 30 days after receiving the findings of 
the study, the Secretary shall transmit the findings, together with any 
comments thereon by the Secretary, to the appropriate congressional 
committees.

SEC. 418. SENSE OF CONGRESS REGARDING CENTERS OF EXCELLENCE.

    It is the sense of Congress that centers of excellence have the 
potential--
            (1) to be a very useful tool in developing defensive 
        countermeasures to secure critical infrastructure and prevent 
        terrorism; and
            (2) to play a key role in the Department's efforts to 
        research and develop new technologies to secure the homeland.

SEC. 419. ASSESSMENT, RESEARCH, TESTING, AND EVALUATION OF TECHNOLOGIES 
              TO MITIGATE THE THREAT OF SMALL VESSEL ATTACK.

    The Under Secretary may--
            (1) assess what technologies are available to mitigate the 
        threat of small vessel attack in secure zones of ports, 
        including the use of transponders or radio frequency 
        identification devices to track small vessels; and
            (2) conduct research, testing, and evaluation of new 
        technologies that might be capable of tracking small vessels.

SEC. 420. RESEARCH AND DEVELOPMENT PROJECTS.

    Section 831 (6 U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``2010,'' and inserting 
        ``2012,'';
            (2) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(3) Prior approval.--In any case in which the Under 
        Secretary for Science and Technology intends to exercise other 
        transaction authority, the Under Secretary must receive prior 
        approval from the Secretary after submitting to the Secretary a 
        proposal that includes the rationale for why a grant or 
        contract issued in accordance with the Federal Acquisition 
        Regulation is not feasible or appropriate and the amount to be 
        expended for such project. In such a case, the authority for 
        evaluating the proposal may not be delegated by the Secretary 
        to anyone other than the Under Secretary for Management.''; and
            (3) by redesignating subsection (e) as subsection (i), and 
        by inserting after subsection (d) the following new 
        subsections:
    ``(e) Annual Report on Exercise of Other Transaction Authority.--
            ``(1) In general.--The Secretary shall submit to the 
        appropriate congressional committees an annual report on the 
        exercise of other transaction authority.
            ``(2) Content.--The report shall include the following:
                    ``(A) The subject areas in which research projects 
                were conducted using other transaction authority.
                    ``(B) The extent of cost-sharing for such projects 
                among Federal and non-Federal sources.
                    ``(C) The extent to which use of other transaction 
                authority has addressed a homeland security capability 
                gap identified by the Department.
                    ``(D) The total amount of payments, if any, that 
                were received by the Federal Government as a result of 
                such exercise of other transaction authority during the 
                period covered by the report.
                    ``(E) The rationale for using other transaction 
                authority, including why grants or contracts issued in 
                accordance with the Federal Acquisition Regulation were 
                not feasible or appropriate.
                    ``(F) the amount expended for each such project.
    ``(f) Training.--The Secretary shall develop a training program for 
acquisitions staff in the use of other transaction authority to help 
ensure the appropriate use of such authority.
    ``(g) Review Authority.--The exercise of other transaction 
authority shall be subject to review by the Comptroller General of the 
United States to ensure that an agency is not attempting to avoid the 
requirements of procurement statutes and regulations.
    ``(h) Other Transaction Authority Defined.--In this section the 
term `other transaction authority' means authority under subsection 
(a).''.

SEC. 421. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.

    (a) In General.--The National Urban Security Technology Laboratory 
(formerly the Environmental Measurements Laboratory) is authorized 
within the Directorate for fiscal years 2011 and 2012.
    (b) Responsibilities.--The Under Secretary shall utilize the 
National Urban Security Technology Laboratory to test, evaluate, and 
analyze homeland security capabilities and serve as a technical 
authority to first responders and State and local entities, including 
by--
            (1) conducting test programs, pilots projects, 
        demonstrations, and other forms of evaluations of homeland 
        security technologies both in the field and in the laboratory;
            (2) applying knowledge of operational end-user environments 
        and support for operational integration to technology 
        development, including--
                    (A) training;
                    (B) exercises;
                    (C) equipment;
                    (D) tactics;
                    (E) techniques; and
                    (F) procedures;
            (3) representing interests and requirements between 
        technology developers and operational end-users; and
            (4) supporting development and use of homeland security 
        equipment and operational standards.

SEC. 422. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

    Section 301 of the Homeland Security Act of 2002 (6 U.S.C. 191) is 
amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:
    ``(a) There is established within the Department a science and 
technology advisory committee (in this section referred to as the 
`advisory committee'). The advisory committee shall make 
recommendations with respect to the activities of the under secretary 
for science and technology, including--
            ``(1) identifying research areas of potential importance to 
        the security of the Nation; and
            ``(2) providing advice in developing and updating the 
        strategic plan required under section 318.''.
            (2) by striking subsection (j).

               TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Domestic Nuclear 
Detection Office of the Department--
            (1) $305,840,000 for fiscal year 2011; and
            (2) $315,005,000 for fiscal year 2012.

SEC. 502. DOMESTIC NUCLEAR DETECTION OFFICE OVERSIGHT.

    (a) Sense of Congress.--It is the sense of Congress that the 
Directorate should conduct basic and innovative research and 
nondevelopmental testing on behalf of the Domestic Nuclear Detection 
Office (in this section referred to as ``DNDO''), in order to advance 
next generation nuclear detection technologies.
    (b) Internal Review of Project Selection and Evaluation 
Methodology.--Not later than 90 days after the date of enactment of 
this Act, the Director of the DNDO, the Under Secretary, and the heads 
of all operational components of the Department that own, operate, or 
maintain nuclear or radiological detection equipment shall begin an 
internal review of the methodology by which research, development, 
testing, and evaluation is identified, prioritized, and funded within 
the Department.
    (c) Contents of Review.--In carrying out the review under 
subsection (b), the Director of the DNDO shall--
            (1) identify the process by which basic and applied 
        research and operational testing that should be conducted in 
        concert and under agreement with the Directorate;
            (2) describe the roles, responsibilities, common 
        definitions, standard operating procedures, and decision 
        process for research, development, testing, and evaluation 
        activities;
            (3) describe and implement a transparent system for 
        tracking research, development, testing, and evaluation 
        requirements;
            (4) describe and implement a mechanism to provide regular 
        updates to components of the Department on the progress of such 
        research;
            (5) evaluate the degree to which needs of the operational 
        components of the Department and State and local first 
        responders are being adequately addressed by the existing 
        project selection process, and if not, how such process can be 
        improved;
            (6) establish a method to collect and evaluate Department 
        component feedback;
            (7) utilize departmental matrices and systems to determine 
        if technologies produced by the Directorate have enhanced the 
        ability of Department components to perform their missions;
            (8) identify appropriate five-year levels of investment in 
        basic and applied research and development, in particular among 
        the Department laboratories, federally funded research and 
        development centers, university-based centers, Department of 
        Energy national laboratories, and other Federal laboratories;
            (9) project balance of use of the entities referred to in 
        paragraph (8) among the Directorate and other Department 
        components; and
            (10) establish a formal merit review process, with external 
        peer review where appropriate.
    (d) Report.--Not later than one year after the completion of the 
review required by subsection (b), the Director of the DNDO shall 
submit to the Secretary and the appropriate congressional committees a 
report containing the findings of such review, together with 
information on the systems, methods, and mechanisms established, and 
recommendations for additional improvements.
    (e) Updates on Implementation.--One hundred and twenty days after 
the date of enactment of this Act, and annually thereafter, the 
Inspector General of the Department shall submit to the appropriate 
congressional committees an update on the status of implementation of 
this section and activities in support of such implementation.

SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS FOR GLOBAL NUCLEAR 
              DETECTION ARCHITECTURE.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall submit to the appropriate congressional committees 
a report containing the following:
            (1) A strategic plan for the global nuclear detection 
        architecture to deter and detect the transport of nuclear or 
        radioactive materials by all means possible, with specific 
        focus on establishing the goals, objectives, and cost 
        projections for the next five years, including a discussion 
        of--
                    (A) technological and nontechnological methods to 
                increase detection capabilities;
                    (B) the preventive nature of the global nuclear 
                detection architecture, including projected impact on 
                would-be terrorists;
                    (C) detection capability enhancements for the 
                various transportation modes, at ports of entry and 
                between ports of entry;
                    (D) balanced risk-based deployment of detection 
                assets across all border and other pathways; and
                    (E) any emerging threat vectors identified by the 
                Director of the Domestic Nuclear Detection Office.
            (2) In consultation with the Secretary of Defense, the 
        Secretary of Energy, the Secretary of State, the Nuclear 
        Regulatory Commission, the Intelligence Community, and the 
        Attorney General, an analysis of overall budget allocations 
        that determines whether Government wide nuclear detection 
        resources clearly align with identified priorities to maximize 
        results and minimize duplication of efforts.

SEC. 504. RADIATION PORTAL MONITOR ALTERNATIVES.

    (a) Sense of Congress.--It is the sense of Congress that in view of 
the Secretary's decision not to certify advanced spectroscopic portal 
monitors for primary screening applications because they do not offer a 
significant increase in operational effectiveness over existing 
technology, the Director must attempt to identify viable alternatives.
    (b) Analysis and Report.--The Director of the Domestic Nuclear 
Detection Office shall analyze and report to the appropriate 
congressional committees by not later than 90 days after the date of 
enactment of this Act on both existing and developmental alternatives 
to existing radiation portal monitors and advanced spectroscopic portal 
monitors that would provide the Department with a significant increase 
in operational effectiveness for primary screening for radioactive 
materials.

SEC. 505. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.

    (a) Findings.--Congress finds the following:
            (1) The Securing the Cities Initiative of the Department 
        uses next generation radiation detection technology to detect 
        the transport of nuclear and radiological material in urban 
        areas by terrorists or other unauthorized individuals.
            (2) The technology used by partners in the Securing the 
        Cities Initiative leverages radiation detection technology used 
        at ports of entry.
            (3) The Securing the Cities Initiative has fostered 
        unprecedented collaboration and coordination among its Federal, 
        State, and local partners.
            (4) The Securing the Cities Initiative is a critical 
        national capability to detect the dangerous introduction of 
        nuclear and radiological material.
    (b) Authorization of Appropriations.--Of amounts authorized by 
section 501, there is authorized to be appropriated to the Director of 
the Domestic Nuclear Detection Office of the Department for the 
Securing the Cities Initiative such sums as may be necessary for each 
of fiscal years 2011 and 2012, including--
            (1) for each city in which it has been implemented by 
        fiscal year 2009--
                    (A) $20,000,000 for fiscal year 2011; and
                    (B) $10,000,000 for fiscal year 2012; and
            (2) for additional Securing the Cities initiatives to be 
        implemented in not fewer than 2 sites participating in the 
        Urban Area Security Initiative, such sums as may be necessary 
        each fiscal year to implement and sustain each additional 
        initiative.

                    TITLE VI--CLARIFYING AMENDMENTS

SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

    Section 305 (6 U.S.C. 184) is amended--
            (1) by inserting ``(a) Establishment.--'' before the first 
        sentence; and
            (2) by adding at the end the following new subsections:
    ``(b) Congressional Tasking.--Upon a request of the chairman and 
the ranking minority member of an appropriate congressional committee, 
a federally funded research and development center established under 
this section may perform independent analysis of homeland security 
issues and report its findings to the appropriate congressional 
committees and the Secretary.
    ``(c) Congressional Oversight.--Federally funded research and 
development centers established under this section are encouraged, upon 
request of the chairman and the ranking minority member of an 
appropriate congressional committee, to provide to the committee a copy 
of any report it produces for the Department or any of its components.
    ``(d) Conflicts of Interest.--The Secretary shall review and 
revise, as appropriate, the policies of the Department relating to 
personnel conflicts of interest to ensure that such policies 
specifically address employees of federally funded research and 
development centers established under this section who are in a 
position to make or materially influence research findings or agency 
decisionmaking.
    ``(e) Annual Reports.--Each federally funded research and 
development center established under this section shall transmit to the 
Secretary and appropriate congressional committees an annual report on 
the activities of the center.''.

SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTITUTE.

    (a) Repeal.--Section 312 (6 U.S.C. 192) is repealed.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by striking the item relating to such section.

SEC. 603. GAO STUDY OF THE IMPLEMENTATION OF THE STATUTORY RELATIONSHIP 
              BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF ENERGY 
              NATIONAL LABORATORIES.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) conduct a study to assess the implementation of the 
        statutory relationship between the Department and the 
        Department of Energy national laboratories, as established by 
        section 309(a)(2) of the Homeland Security Act of 2002 (6 
        U.S.C. 189(a)(2)); and
            (2) submit recommendations to the appropriate congressional 
        committees for appropriate improvements to such relationship.
    (b) Study Subjects.--The study shall include the following:
            (1) Review of how the Department and the Department of 
        Energy national laboratories--
                    (A) communicate needs and capabilities; and
                    (B) select projects to be performed by the 
                Department of Energy national laboratories under such 
                statutory relationship.
            (2) Review of contracting mechanisms that the Department 
        and the Department of Energy national laboratories use to 
        initiate and track work under such statutory relationship.
            (3) Review of the fraction of Department of Energy national 
        laboratory work performed for the Department under such 
        statutory relationship, compared to other Department of Energy 
        national laboratory work performed for the Department on a 
        ``work for others'' basis.
            (4) Review the cost savings identified by the Department 
        and the Department of Energy achieved through use of such 
        statutory relationship, compared to other Department of Energy 
        national laboratory work performed for the Department on a 
        ``work for others'' basis.

SEC. 604. TECHNICAL CHANGES.

    Section 1902 of the Homeland Security Act (6 U.S.C. 592) is amended 
by--
            (1) striking paragraph (6); and
            (2) redesignating paragraphs (7) through (14) as paragraphs 
        (6) through (13), respectively.

   TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND 
                       ELECTRONIC INFRASTRUCTURES

SEC. 701. COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND 
              ELECTRONIC INFRASTRUCTURES.

    (a) Establishment.--There is established the Commission on the 
Protection of Critical Electric and Electronic Infrastructures (in this 
section referred to as the ``Commission'').
    (b) Purposes.--
            (1) In general.--The purposes of the Commission are to--
                    (A) assess vulnerabilities of electric and 
                electronic infrastructures, including--
                            (i) all components of the United States 
                        electric grid, including electricity 
                        generation, transmission, distribution and 
                        metering; and
                            (ii) all computerized control systems used 
                        in all United States critical infrastructure 
                        sectors;
                    (B) provide a clear and comprehensive strategy and 
                specific recommendations for protecting these critical 
                electric and electronic infrastructures; and
                    (C) test, evaluate, and report on specific 
                mitigation protection and recovery devices or methods.
            (2) In particular.--The Commission shall give particular 
        attention to threats that can disrupt or damage critical 
        electric and electronic infrastructures, including--
                    (A) cyber attacks or unintentional cyber 
                disruption;
                    (B) electromagnetic phenomena such as 
                geomagnetically induced currents, intentional 
                electromagnetic interference, and electromagnetic 
                pulses caused by nuclear weapons; and
                    (C) other physical attack, act of nature, or 
                accident.
    (c) Composition of Commission.--
            (1) Members.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 1 member shall be appointed by the Chairman of 
                the House of Representatives Committee on Homeland 
                Security;
                    (B) 1 member shall be appointed by the ranking 
                minority member of the House of Representatives 
                Committee on Homeland Security;
                    (C) 1 member shall be appointed by the Chairman of 
                the House of Representatives Committee on Energy and 
                Commerce;
                    (D) 1 member shall be appointed by the ranking 
                minority member of the House of Representatives 
                Committee on Energy and Commerce;
                    (E) 1 member shall be appointed by the Chairman of 
                the Senate Committee on Homeland Security and 
                Governmental Affairs;
                    (F) 1 member shall be appointed by the ranking 
                minority member of the Senate Committee on Homeland 
                Security and Governmental Affairs;
                    (G) 1 member shall be appointed by the Chairman of 
                the Senate Committee on Energy and Natural Resources;
                    (H) 1 member shall be appointed by the ranking 
                minority member of the Senate Committee on Energy and 
                Natural Resources; and
                    (I) 1 member who shall serve as the Chairman of the 
                Commission, and who shall be appointed by the Speaker 
                of the House of Representatives with the concurrence of 
                the President Pro Tempore of the Senate.
            (2) Qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should have significant 
        depth of experience in electric and electronic infrastructures, 
        their function, and their protection, as well as the threats to 
        these infrastructures as identified in subsection (b)(2).
            (3) Deadline for appointment.--All members of the 
        Commission shall be appointed within 30 days after the date of 
        enactment of this Act.
            (4) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable.
            (5) Quorum; vacancies.--After its initial meeting, the 
        Commission shall meet upon the call of the Chairman or a 
        majority of its members. Six members of the Commission shall 
        constitute a quorum. Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
    (d) Responsibilities of Commission.--The Commission shall address--
            (1) the quantification of the threats identified in 
        subsection (b)(2) to the United States electric and electronic 
        infrastructure, and a cost-benefit analysis of possible 
        protection and recovery strategies;
            (2) the roles, missions, and structure of all relevant 
        Federal, State, and local government departments and agencies 
        with responsibilities for ensuring protection and reliability 
        for electric and electronic infrastructures;
            (3) the roles, missions, and structure of all relevant 
        private sector entities with responsibilities for ensuring 
        protection and reliability for electric and electronic 
        infrastructures;
            (4) inter-agency coordination between and among the 
        entities identified in paragraphs (2) and (3); and
            (5) recommendations for protections and recovery devices 
        and measures.
    (e) Powers of Commission.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this section, 
        hold such hearings and sit and act at such times and places, 
        take such testimony, receive such evidence, and administer such 
        oaths as the Commission or such designated subcommittee or 
        designated member may determine advisable.
            (2) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriations Acts, enter into 
        contracts to enable the Commission to discharge its duties 
        under this subtitle.
            (3) Staff of commission.--
                    (A) Appointment and compensation.--The Chairman of 
                the Commission, in accordance with rules agreed upon by 
                the Commission, may appoint and fix the compensation of 
                a staff director and such other personnel as may be 
                necessary to enable the Commission to carry out its 
                functions, without regard to the provisions of title 5, 
                United States Code, governing appointments in the 
                competitive service, and without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of such title relating to classification and General 
                Schedule pay rates, except that no rate of pay fixed 
                under this subsection may exceed the equivalent of that 
                payable for a position at level I of the Executive 
                Schedule under section 5316 of title 5, United States 
                Code.
                    (B) Personnel as federal employees.--
                            (i) In general.--The executive director and 
                        any employees of the Commission shall be 
                        employees under section 2105 of title 5, United 
                        States Code, for purposes of chapters 63, 81, 
                        83, 84, 85, 87, 89, and 90 of that title.
                            (ii) Members of commission.--Subparagraph 
                        (A) shall not be construed to apply to members 
                        of the Commission.
                    (C) Detailees.--Any Federal Government employee may 
                be detailed to the Commission without reimbursement 
                from the Commission, and such detailee shall retain the 
                rights, status, and privileges of his or her regular 
                employment without interruption.
                    (D) Consultant services.--The Commission may 
                procure the services of experts and consultants in 
                accordance with section 3109 of title 5, United States 
                Code, but at rates not to exceed the daily rate paid a 
                person occupying a position at level I of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.
                    (E) Security clearances.--The Chairman shall place 
                an emphasis on hiring and retaining employees, 
                contractors, and detailees with active security 
                clearances. For employees who do not have security 
                clearances but are determined by the Chairman to need 
                them, the Central Intelligence Agency, Department of 
                Energy, Department of Defense, and any other relevant 
                agency shall expedite the necessary clearance 
                processes.
                    (F) Former emp commission staff and resources.--The 
                Chairman may make use of any existing and viable staff 
                and resources previously employed by the Commission to 
                Assess the Threat to the United States from 
                Electromagnetic Pulse Attack established by section 
                1401 of Public Law 106-398 (114 Stat. 1654A-345).
            (4) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any executive department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality of the Government, information, 
                suggestions, estimates, and statistics for the purposes 
                of this section. Each department, bureau, agency, 
                board, commission, office, independent establishment, 
                or instrumentality shall, to the extent authorized by 
                law, furnish such information, suggestions, estimates, 
                and statistics directly to the Commission, upon request 
                made by the Chairman, the chairman of any subcommittee 
                created by a majority of the Commission, or any member 
                designated by a majority of the Commission.
                    (B) Receipt, handling, storage, and 
                dissemination.--Information shall only be received, 
                handled, stored, and disseminated by members of the 
                Commission and its staff consistent with all applicable 
                statutes, regulations, and Executive orders.
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis and as necessary, 
                administrative support and other services for the 
                performance of the Commission's functions.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in paragraph (1), departments 
                and agencies of the United States may provide to the 
                Commission such services, funds, facilities, staff, and 
                other support services as they may determine advisable 
                and as may be authorized by law.
            (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
            (7) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
    (f) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate;
            (2) release public versions of the report required under 
        subsection (g); and
            (3) conduct any public hearing in a manner consistent with 
        the protection of sensitive or classified information provided 
        to or developed for or by the Commission as required by any 
        applicable statute, regulation, or Executive order.
    (g) Report.--Not later than 180 days after the appointment of the 
Commission, and annually thereafter, the Commission shall submit to the 
President and Congress a report containing such findings, conclusions, 
and recommendations for protection and recovery measures for electric 
and electronic infrastructures as have been agreed to by a majority of 
Commission members.
    (h) Funding.--Of the amounts authorized by section 101, there is 
authorized to be appropriated for the activities of the Commission 
under this section--
            (1) $4,000,000 for fiscal year 2011; and
            (2) $4,000,000 for fiscal year 2012.

           TITLE VIII--BORDER SECURITY TECHNOLOGY INNOVATION

SEC. 801. ENSURING RESEARCH ACTIVITIES OF THE DEPARTMENT OF HOMELAND 
              SECURITY INCLUDE APPROPRIATE CONCEPTS OF OPERATION.

    The Under Secretary shall ensure that any Federal Government 
interagency or intra-agency agreement entered into by the Under 
Secretary to develop and transition new technology explicitly 
characterizes the requirements, expected use, and concept of operations 
for that technology, including--
            (1) the manpower needed to effectively operate the 
        technology;
            (2) the expected training requirements; and
            (3) the expected operations and maintenance costs.

SEC. 802. REPORT ON BASIC RESEARCH NEEDS FOR BORDER AND MARITIME 
              SECURITY.

    Not later than 6 months after the date of enactment of this Act, 
the Under Secretary shall enter into an arrangement with the National 
Research Council for a one-year assessment of the basic science 
research needs in the border and maritime security domain. The 
assessment shall include consideration of--
            (1) detection, tracking, and identification technologies 
        for cargo and people;
            (2) personal protective equipment;
            (3) document security and authentication technologies;
            (4) nonradiological advanced screening technologies at 
        ports of entry; and
            (5) technologies for real time tactical scene awareness.

SEC. 803. INCORPORATING UNMANNED AERIAL VEHICLES INTO BORDER AND 
              MARITIME AIRSPACE.

    (a) Research and Development.--The Secretary and the Director of 
the Joint Planning and Development Office shall research and develop 
technologies to permit routine operation of unmanned aerial vehicles, 
including autonomously piloted drones, within the national airspace for 
border and maritime security missions without any degradation of 
existing levels of safety for all national airspace system users.
    (b) Pilot Projects.--The Secretary shall coordinate with the 
Administrator of the Federal Aviation Administration and the Director 
of the Joint Planning Office to enter into pilot projects in sparsely 
populated, low-density Class G air traffic airspace to conduct 
experiments and collect data in order to accelerate the safe 
integration of unmanned aircraft systems into the national airspace 
system as part of research activities of the Joint Planning and 
Development Office.

SEC. 804. ESTABLISHING A RESEARCH PROGRAM IN TUNNEL DETECTION.

    (a) Research and Development.--The Under Secretary shall research 
and develop technologies to permit detection of near surface voids, 
such as tunnels, with an emphasis on technologies with real time 
capability.
    (b) Coordination.--The Secretary shall coordinate with other 
appropriate Federal agencies, including the Department of Defense and 
the United States Geological Survey, and ensure the integration of 
activities under subsection (a) with relevant efforts of such other 
agencies and the Department's Centers of Excellence Program.

SEC. 805. RESEARCH IN DOCUMENT SECURITY AND AUTHENTICATION 
              TECHNOLOGIES.

    (a) Establishment of Program.--The Under Secretary, in coordination 
with the Director of the National Institute of Standards and 
Technology, shall conduct a research and development program on 
document security, validation, and authentication technologies and 
standards. The program may include assessment or development of 
imitation-resistant and tamper-resistant documentation, imitation-
resistant or tamper-resistant devices, document validation and 
authentication technologies, and document identification standards.
    (b) Coordination.--In carrying out the program in subsection (a), 
the Under Secretary shall coordinate with other Federal agencies 
engaged in similar activities, including Immigration and Customs 
Enforcement, the Department of State, the Department of Defense, the 
United States Coast Guard, and the Department of Justice.
    (c) Report to Congress.--Not later than 12 months after the date of 
enactment of this Act, the Under Secretary and the Director of the 
National Institute of Standards and Technology shall provide to the 
Committee on Homeland Security and the Committee on Science and 
Technology of the House of Representatives, and the Committee on 
Homeland Security and Government Affairs of the Senate, a report 
detailing the actions taken by the Under Secretary and the Director 
under this section.

SEC. 806. STUDY ON GLOBAL POSITIONING SYSTEM TECHNOLOGIES.

    (a) In General.--The Under Secretary shall conduct a study of the 
need for next generation global positioning system technology as it 
relates to border security, including--
            (1) conducting an analysis of the frequency of unintended 
        border crossings and the capability of global positioning 
        system technologies to address unintended border crossings by 
        government personnel;
            (2) undertaking an examination of the potential end user 
        requirements for global positioning system technologies, 
        including cost limitations, accessibility, and reliability; and
            (3) developing recommendations for potential near-term and 
        long-term research, development, testing, and evaluation of 
        border security-focused global positioning technologies.
    (b) Consultation.--In conducting the study under subsection (a), 
the Under Secretary shall consult with U.S. Customs and Border 
Protection, the National Institute of Standards and Technology and 
appropriate Federal, State, and local law enforcement officials.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Under Secretary shall report to Congress the findings of 
the study conducted under this section.

SEC. 807. STUDY OF MOBILE BIOMETRIC TECHNOLOGIES AT THE BORDER.

    (a) In General.--The Under Secretary, in coordination with the 
Commissioner of United States Customs and Border Protection, shall 
establish a research program on the use of mobile biometric technology 
at the Nation's borders between the ports of entry, including--
            (1) conducting an analysis of existing mobile biometric 
        technologies and the extent to which they can be deployed in 
        Border Patrol agents' vehicles and used at the border, in terms 
        of operability, reliability, cost, and overall benefit to 
        border operations;
            (2) undertaking an examination of the potential end-user 
        requirements of mobile biometric technology by the Border 
        Patrol and other relevant end-users;
            (3) developing recommendations for addressing capability 
        gaps in mobile biometric technologies; and
            (4) examining the feasibility of implementing a pilot 
        program for use of mobile biometric technologies at the border.
    (b) Consultation.--In conducting the research program under 
subsection (a), the Under Secretary shall consult the National 
Institute of Standards and Technology, other appropriate Federal 
agencies, and appropriate Federal, State, and local law enforcement 
officials.
    (c) Coordination.--The Secretary shall ensure that the research 
program is coordinated with other biometric identification programs 
within the Department.
    (d) Report.--Not later than 6 months after the date of enactment of 
this Act, the Under Secretary shall transmit to Congress a report on 
the findings of the research program conducted under this section.

SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

    Of the amount authorized by section 101 of this Act, such sums as 
may be necessary are authorized to be appropriated to carry out this 
title.

            Passed the House of Representatives July 20, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 4842

_______________________________________________________________________

                                 AN ACT

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