(2) permit regulatory actions that would dupli-
cate, conflict with, or supercede existing regulatory re-
quirements, mandatory standards, or related proc-
esses. 
SEC. 204. PROHIBITION ON ADDITIONAL AUTHORIZATION 
OF APPROPRIATIONS. 
No additional funds are authorized to be appropriated 
to carry out this Act and the amendments made by this 
Act. This Act and such amendments shall be carried out 
using amounts otherwise available for such purposes. 
SEC. 205. PROHIBITION ON COLLECTION ACTIVITIES TO 
TRACK INDIVIDUALS’ PERSONALLY IDENTIFI-
ABLE INFORMATION. 
Nothing in this Act shall permit the Department of 
Homeland Security to engage in the monitoring, surveil-
lance, exfiltration, or other collection activities for the pur-
pose of tracking an individual’s personally identifiable in-
formation. 
SEC. 206. CYBERSECURITY SCHOLARS. 
The Secretary of Homeland Security shall determine 
the feasibility and potential benefit of developing a visiting 
security researchers program from academia, including cy-
bersecurity scholars at the Department of Homeland Secu-
rity’s Centers of Excellence, as designated by the Secretary, 
to enhance knowledge with respect to the unique challenges 
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of addressing cyber threats to critical infrastructure. Eligi-
ble candidates shall possess necessary security clearances 
and have a history of working with Federal agencies in 
matters of national or domestic security. 
SEC. 207. NATIONAL RESEARCH COUNCIL STUDY ON THE 
RESILIENCE AND RELIABILITY OF THE NA-
TION’S POWER GRID. 
(a) INDEPENDENT STUDY.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Homeland Security, in coordination with the heads of 
other departments and agencies, as necessary, shall enter 
into an agreement with the National Research Council to 
conduct research of the future resilience and reliability of 
the Nation’s electric power transmission and distribution 
system. The research under this subsection shall be known 
as the ‘‘Saving More American Resources Today Study’’ or 
the ‘‘SMART Study’’. In conducting such research, the Na-
tional Research Council shall— 
(1) research the options for improving the Na-
tion’s ability to expand and strengthen the capabili-
ties of the Nation’s power grid, including estimation 
of the cost, time scale for implementation, and identi-
fication of the scale and scope of any potential sig-
nificant health and environmental impacts; 
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(2) consider the forces affecting the grid, includ-
ing technical, economic, regulatory, environmental, 
and geopolitical factors, and how such forces are like-
ly to affect— 
(A) the efficiency, control, reliability and 
robustness of operation; 
(B) the ability of the grid to recover from 
disruptions, including natural disasters and ter-
rorist attacks; 
(C) the ability of the grid to incorporate 
greater reliance on distributed and intermittent 
power generation and electricity storage; 
(D) the ability of the grid to adapt to 
changing patterns of demand for electricity; and 
(E) the economic and regulatory factors af-
fecting the evolution of the grid; 
(3) review Federal, State, industry, and aca-
demic research and development programs and iden-
tify technological options that could improve the fu-
ture grid; 
(4) review the implications of increased reliance 
on digital information and control of the power grid 
for improving reliability, resilience, and congestion 
and for potentially increasing vulnerability to cyber 
attack; 
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(5) review regulatory, industry, and institu-
tional factors and programs affecting the future of the 
grid; 
(6) research the costs and benefits, as well as the 
strengths and weaknesses, of the options identified 
under paragraph (1) to address the emerging forces 
described in paragraph (2) that are shaping the grid; 
(7) identify the barriers to realizing the options 
identified and suggest strategies for overcoming those 
barriers including suggested actions, priorities, incen-
tives, and possible legislative and executive actions; 
and 
(8) research the ability of the grid to integrate 
existing and future infrastructure, including utilities, 
telecommunications lines, highways, and other crit-
ical infrastructure. 
(b) COOPERATION AND ACCESS TO INFORMATION AND 
PERSONNEL.—The Secretary shall ensure that the National 
Research Council receives full and timely cooperation, in-
cluding full access to information and personnel, from the 
Department of Homeland Security, the Department of En-
ergy, including the management and operating components 
of the Departments, and other Federal departments and 
agencies, as necessary, for the purposes of conducting the 
study described in subsection (a). 
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(c) REPORT.— 
(1) IN
GENERAL.—Not later than 18 months 
from the date on which the Secretary enters into the 
agreement with the National Research Council de-
scribed in subsection (a), the National Research 
Council shall submit to the Secretary and the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a report 
containing the findings of the research required by 
that subsection. 
(2) FORM OF REPORT.—The report under para-
graph (1) shall be submitted in unclassified form, but 
may include a classified annex. 
(d) FUNDING.—Of the amounts authorized to be ap-
propriated for 2014 for the Department of Homeland Secu-
rity, the Secretary of Homeland Security is authorized to 
obligate and expend not more than $2,000,000 for the Na-
tional Research Council report. 
TITLE III—HOMELAND SECURITY 
CYBERSECURITY WORKFORCE 
SEC. 301. HOMELAND SECURITY CYBERSECURITY WORK-
FORCE. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002, as amended by sections 101, 102, 
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103, 104, 105, and 201, is further amended by adding at 
the end the following new section: 
‘‘SEC. 230A. CYBERSECURITY OCCUPATION CATEGORIES, 
WORKFORCE ASSESSMENT, AND STRATEGY. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘Homeland Security Cybersecurity Boots-on-the-Ground 
Act’. 
‘‘(b) CYBERSECURITY OCCUPATION CATEGORIES.— 
‘‘(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this section, the Secretary 
shall develop and issue comprehensive occupation cat-
egories for individuals performing activities in fur-
therance of the cybersecurity mission of the Depart-
ment. 
‘‘(2) APPLICABILITY.—The Secretary shall ensure 
that the comprehensive occupation categories issued 
under paragraph (1) are used throughout the Depart-
ment and are made available to other Federal agen-
cies. 
‘‘(c) CYBERSECURITY WORKFORCE ASSESSMENT.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this section and an-
nually thereafter, the Secretary shall assess the readi-
ness and capacity of the workforce of the Department 
to meet its cybersecurity mission. 
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‘‘(2) CONTENTS.—The assessment required under 
paragraph (1) shall, at a minimum, include the fol-
lowing: 
‘‘(A) Information where cybersecurity posi-
tions are located within the Department, speci-
fied in accordance with the cybersecurity occupa-
tion categories issued under subsection (b). 
‘‘(B) Information on which cybersecurity 
positions are— 
‘‘(i) performed by— 
‘‘(I) permanent full time depart-
mental employees, together with demo-
graphic information about such em-
ployees’ race, ethnicity, gender, dis-
ability status, and veterans status; 
‘‘(II) individuals employed by 
independent contractors; and 
‘‘(III) individuals employed by 
other Federal agencies, including the 
National Security Agency; and 
‘‘(ii) vacant. 
‘‘(C) The number of individuals hired by 
the Department pursuant to the authority grant-
ed to the Secretary in 2009 to permit the Sec-
retary to fill 1,000 cybersecurity positions across 
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the Department over a three year period, and in-
formation on what challenges, if any, were en-
countered with respect to the implementation of 
such authority. 
‘‘(D) Information on vacancies within the 
Department’s cybersecurity supervisory work-
force, from first line supervisory positions 
through senior departmental cybersecurity posi-
tions. 
‘‘(E) Information on the percentage of indi-
viduals within each cybersecurity occupation 
category who received essential training to per-
form their jobs, and in cases in which such 
training is not received, information on what 
challenges, if any, were encountered with respect 
to the provision of such training. 
‘‘(F) Information on recruiting costs in-
curred with respect to efforts to fill cybersecurity 
positions across the Department in a manner 
that allows for tracking of overall recruiting and 
identifying areas for better coordination and 
leveraging of resources within the Department. 
‘‘(d) WORKFORCE STRATEGY.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this section, the Sec-
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retary shall develop, maintain, and, as necessary, up-
date, a comprehensive workforce strategy that en-
hances the readiness, capacity, training, recruitment, 
and retention of the cybersecurity workforce of the De-
partment. 
‘‘(2) CONTENTS.—The comprehensive workforce 
strategy developed under paragraph (1) shall in-
clude— 
‘‘(A) a multiphased recruitment plan, in-
cluding relating to experienced professionals, 
members of disadvantaged or underserved com-
munities, the unemployed, and veterans; 
‘‘(B) a 5-year implementation plan; 
‘‘(C) a 10-year projection of the Depart-
ment’s cybersecurity workforce needs; and 
‘‘(D) obstacles impeding the hiring and de-
velopment of a cybersecurity workforce at the De-
partment. 
‘‘(e) INFORMATION SECURITY TRAINING.—Not later 
than 270 days after the date of the enactment of this section, 
the Secretary shall establish and maintain a process to 
verify on an ongoing basis that individuals employed by 
independent contractors who serve in cybersecurity posi-
tions at the Department receive initial and recurrent infor-
mation security training comprised of general security 
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awareness training necessary to perform their job functions, 
and role-based security training that is commensurate with 
assigned responsibilities. The Secretary shall maintain doc-
umentation to ensure that training provided to an indi-
vidual under this subsection meets or exceeds requirements 
for such individual’s job function. 
‘‘(f) UPDATES.—The Secretary shall submit to the ap-
propriate congressional committees annual updates regard-
ing the cybersecurity workforce assessment required under 
subsection (c), information on the progress of carrying out 
the comprehensive workforce strategy developed under sub-
section (d), and information on the status of the implemen-
tation of the information security training required under 
subsection (e). 
‘‘(g) GAO STUDY.—The Secretary shall provide the 
Comptroller General of the United States with information 
on the cybersecurity workforce assessment required under 
subsection (c) and progress on carrying out the comprehen-
sive workforce strategy developed under subsection (d). The 
Comptroller General shall submit to the Secretary and the 
appropriate congressional committees a study on such as-
sessment and strategy. 
‘‘(h) CYBERSECURITY FELLOWSHIP PROGRAM.—Not 
later than 120 days after the date of the enactment of this 
section, the Secretary shall submit to the appropriate con-
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gressional committees a report on the feasibility of estab-
lishing a Cybersecurity Fellowship Program to offer a tui-
tion payment plan for undergraduate and doctoral can-
didates who agree to work for the Department for an agreed- 
upon period of time.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by adding after the item 
relating to section 230 (as added by section 201) the fol-
lowing new item: 
‘‘Sec. 230A. Cybersecurity occupation categories, workforce assessment, and strat-
egy.’’. 
SEC. 302. PERSONNEL AUTHORITIES. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002, as amended by sections 101, 102, 
103, 104, 105, 106, 201, and 301 is further amended by 
adding at the end the following new section: 
‘‘SEC. 230B. PERSONNEL AUTHORITIES. 
‘‘(a) IN GENERAL.— 
‘‘(1) PERSONNEL AUTHORITIES.—The Secretary 
may exercise with respect to qualified employees of the 
Department the same authority that the Secretary of 
Defense has with respect to civilian intelligence per-
sonnel and the scholarship program under sections 
1601, 1602, 1603, and 2200a of title 10, United 
States Code, to establish as positions in the excepted 
service, appoint individuals to such positions, fix 
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pay, and pay a retention bonus to any employee ap-
pointed under this section if the Secretary determines 
that such is needed to retain essential personnel. Be-
fore announcing the payment of a bonus under this 
paragraph, the Secretary shall submit to the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a writ-
ten explanation of such determination. Such author-
ity shall be exercised— 
‘‘(A) to the same extent and subject to the 
same conditions and limitations that the Sec-
retary of Defense may exercise such authority 
with respect to civilian intelligence personnel of 
the Department of Defense; and 
‘‘(B) in a manner consistent with the merit 
system principles set forth in section 2301 of 
title 5, United States Code. 
‘‘(2) CIVIL
SERVICE
PROTECTIONS.—Sections 
1221 and 2302, and chapter 75 of title 5, United 
States Code, shall apply to the positions established 
pursuant to the authorities provided under paragraph 
(1). 
‘‘(3) PLAN FOR EXECUTION OF AUTHORITIES.— 
Not later than 120 days after the date of the enact-
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ment of this section, the Secretary shall submit to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate a re-
port that contains a plan for the use of the authorities 
provided under this subsection. 
‘‘(b) ANNUAL REPORT.—Not later than one year after 
the date of the enactment of this section and annually there-
after for four years, the Secretary shall submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a detailed report (including 
appropriate metrics on actions occurring during the report-
ing period) that discusses the processes used by the Sec-
retary in implementing this section and accepting applica-
tions, assessing candidates, ensuring adherence to veterans’ 
preference, and selecting applicants for vacancies to be filled 
by a qualified employee. 
‘‘(c) DEFINITION OF QUALIFIED EMPLOYEE.—In this 
section, the term ‘qualified employee’ means an employee 
who performs functions relating to the security of Federal 
civilian information systems, critical infrastructure infor-
mation systems, or networks of either of such systems.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by adding after the item 
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relating to section 230A (as added by section 301) the fol-
lowing new item: 
‘‘Sec. 230B. Personnel authorities.’’. 
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Union Calendar No. 411 
113TH CONGRESS 
2D SESSION 
H. R. 3696 
[Report No. 113–550, Part I] 
A BILL 
To amend the Homeland Security Act of 2002 to 
make certain improvements regarding cybersecu-
rity and critical infrastructure protection, and for 
other purposes. 
JULY 23, 2014 
Reported from the Committee on Homeland Security 
with an amendment 
JULY 23, 2014 
The Committees on Science, Space, and Technology and 
Oversight and Government Reform discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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