catastrophic events with human, animal, agricul-
tural, or environmental health consequences; 
‘‘(10) integrating into the end-to-end plans de-
veloped under paragraph (9), Department of Health 
and Human Services’ efforts to identify and deploy 
medical assets (including human, fixed, and material 
assets) used in preparation for or response to na-
tional disasters and catastrophes, and to enable ac-
cess to patient electronic medical records by medical 
personnel to aid treatment of displaced persons in 
such circumstance, in order to assure that actions of 
both Departments are combined for maximum effec-
tiveness during an emergency consistent with the 
National Response Plan and applicable emergency 
support functions; 
‘‘(11) performing other duties relating to such 
responsibilities as the Secretary may require; and 
‘‘(12) directing and maintaining a coordinated 
system for medical support of the Department’s 
operational activities.’’. 
SEC. 602. IMPROVING THE MATERIAL THREATS PROCESS. 
(a) IN GENERAL.—Section 319F–2(c)(2)(A) of the 
Public Health Service Act (42 U.S.C. 247d–6b(c)(2)(A)) 
is amended—
(1) by redesignating clauses (i) and (ii) as sub-
clauses (I) and (II), respectively; 
(2) by moving each of such subclauses two ems 
to the right; 
(3) by striking ‘‘(A) MATERIAL THREAT.—The 
Homeland Security Secretary’’ and inserting the fol-
lowing: 
‘‘(A) MATERIAL THREAT.—
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security’’; and 
(4) by adding at the end the following clauses: 
‘‘(ii) USE OF EXISTING RISK ASSESS-
MENTS.—For the purpose of satisfying the 
requirements of clause (i) as expeditiously 
as possible, the Secretary of Homeland Se-
curity shall, as practicable, utilize existing 
risk assessments that the Secretary of 
Homeland Security, in consultation with 
the Secretaries of Health and Human 
Services, Defense, and Agriculture, and the 
heads of other appropriate Federal agen-
cies, considers credible. 
‘‘(iii) ORDER OF ASSESSMENTS.—
‘‘(I) GROUPINGS TO FACILITATE 
ASSESSMENT
OF
COUNTER-
MEASURES.—In conducting threat as-
sessments and determinations under 
clause (i) of chemical, biological, radi-
ological, and nuclear agents, the Sec-
retary of Homeland Security shall, to 
the extent practicable and appro-
priate, consider the completion of such 
assessments and determinations for 
groups of agents toward the goal of 
facilitating the assessment of counter-
measures under paragraph (3) by the 
Secretary of Health and Human Serv-
ices. 
‘‘(II) CATEGORIES OF COUNTER-
MEASURES.—The grouping of agents 
under subclause (I) by the Secretary 
of Homeland Security shall be de-
signed to facilitate assessments under 
paragraph (3) by the Secretary of 
Health and Human Services regarding 
the following two categories of coun-
termeasures: 
‘‘(aa) Countermeasures that 
may address more than one
agent identified under clause 
(i)(II). 
‘‘(bb) Countermeasures that 
may address adverse health con-
sequences that are common to 
exposure to different agents. 
‘‘(III) 
RULE
OF
CONSTRUC-
TION.—A 
particular 
grouping 
of 
agents pursuant to subclause (II) is 
not required under such subclause to 
facilitate assessments of both cat-
egories of countermeasures described 
in such subclause. A grouping may 
concern one category and not the 
other. 
‘‘(iv) DEADLINE FOR COMPLETION OF 
CERTAIN MATERIAL THREAT DETERMINA-
TIONS.—With respect to chemical, biologi-
cal, radiological, and nuclear agents known 
to the Secretary of Homeland Security as 
of the day before the date of the enactment 
of this clause, and which such Secretary 
considers to be capable of significantly af-
fecting national security, such Secretary 
shall complete the determinations under
clause (i)(II) not later than December 31, 
2007. 
‘‘(v) REPORT
TO
CONGRESS.—Not 
later than 30 days after the date on which 
the Secretary of Homeland Security com-
pletes a material threat assessment under 
clause (i), the Secretary shall submit to 
Congress a report containing the results of 
such assessment. 
‘‘(vi) DEFINITION.—For purposes of 
this subparagraph, the term ‘risk assess-
ment’ means a scientific, technically-based 
analysis of agents that incorporates threat, 
vulnerability, and consequence informa-
tion.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
521(d) of the Homeland Security Act of 2002 (6 U.S.C. 
321j(d)) is amended—
(1) in paragraph (1), by striking ‘‘2006,’’ and 
inserting ‘‘2009,’’; and 
(2) by adding at the end the following: 
‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO-
PRIATIONS
REGARDING
CERTAIN
THREAT
ASSESS-
MENTS.—For the purpose of providing an additional 
amount to the Secretary to assist the Secretary in
meeting the requirements of clause (iv) of section 
319F–2(c)(2)(A) of the Public Health Service Act 
(relating to time frames), there are authorized to be 
appropriated such sums as may be necessary for fis-
cal year 2008, in addition to the authorization of ap-
propriations established in paragraph (1). The pur-
poses for which such additional amount may be ex-
pended include conducting risk assessments regard-
ing clause (i)(II) of such section when there are no 
existing risk assessments that the Secretary con-
siders credible.’’. 
SEC. 603. STUDY ON NATIONAL BIODEFENSE TRAINING. 
(a) STUDY REQUIRED.—The Secretary of Homeland 
Security shall, in consultation with the Secretary of De-
fense and the Secretary for Health and Human Services, 
conduct a joint study to determine the staffing and train-
ing requirements for pending capital programs to con-
struct biodefense laboratories (including agriculture and 
animal laboratories) at Biosafety Level 3 and Biosafety 
Level 4 or to expand current biodefense laboratories to 
such biosafety levels. 
(b) ELEMENTS.—In conducting the study, the Secre-
taries shall address the following: 
(1) The number of trained personnel, by dis-
cipline and qualification level, required for existing
biodefense laboratories at Biosafety Level 3 and Bio-
safety Level 4, including the number trained in 
Good Laboratory Practices (GLP). 
(2) The number of research and support staff, 
including researchers, laboratory technicians, animal 
handlers, facility managers, facility or equipment 
maintainers, safety and security personnel (including 
biosafety, physical security, and cybersecurity per-
sonnel), and other safety personnel required to man-
age biodefense research efforts to combat bioter-
rorism at the planned biodefense laboratories de-
scribed in subsection (a). 
(3) The training required to provide the per-
sonnel described by paragraphs (1) and (2), includ-
ing the type of training (whether classroom, labora-
tory, or field training) required, the length of train-
ing required by discipline, and the curriculum re-
quired to be developed for such training. 
(4) Training schedules necessary to meet the 
scheduled openings of the biodefense laboratories de-
scribed in subsection (a), including schedules for re-
fresher training and continuing education that may 
be necessary for that purpose.
(c) REPORT.—Not later than December 31, 2007, the 
Secretaries shall submit to Congress a report setting forth 
the results of the study conducted under this section. 
SEC. 604. NATIONAL BIOSURVEILLANCE INTEGRATION 
CENTER. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION 
CENTER. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a National Biosurveillance Integration Center (re-
ferred to in this section as the ‘NBIC’) to enhance the 
capability of the Federal Government to rapidly identify, 
characterize, and localize a biological event by integrating 
and analyzing data related to human health, animals, 
plants, food, and the environment. The NBIC shall be 
headed by a Director. 
‘‘(b) INTEGRATED BIOSURVEILLANCE NETWORK.—
As part of the NBIC, the Director shall develop, operate, 
and maintain an integrated network to detect, as early as 
possible, a biological event that presents a risk to the 
United States or the infrastructure or key assets of the 
United States. The network shall—
‘‘(1) consolidate data from all relevant surveil-
lance systems maintained by the Department and 
other governmental and private sources, both foreign 
and domestic, to the extent practicable; and 
‘‘(2) use an information technology system that 
uses the best available statistical and other analyt-
ical tools to identify and characterize biological 
events in as close to real-time as possible. 
‘‘(c) RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—The Director shall—
‘‘(A) monitor on an ongoing basis the 
availability and appropriateness of candidate 
data feeds and solicit new surveillance systems 
with data that would enhance biological situa-
tional awareness or overall performance of the 
NBIC; 
‘‘(B) review and seek to improve on an on-
going basis the statistical and other analytical 
methods used by the NBIC; 
‘‘(C) establish a procedure to enable Fed-
eral, State and local government, and private 
sector entities to report suspicious events that 
could warrant further assessments by the 
NBIC;
‘‘(D) receive and consider all relevant 
homeland security information; and 
‘‘(E) provide technical assistance, as ap-
propriate, to all Federal, State, and local gov-
ernment entities and private sector entities that 
contribute data relevant to the operation of the 
NBIC. 
‘‘(2) ASSESSMENTS.—The Director shall—
‘‘(A) continuously evaluate available data 
for evidence of a biological event; and 
‘‘(B) integrate homeland security informa-
tion with NBIC data to provide overall biologi-
cal situational awareness and determine wheth-
er a biological event has occurred. 
‘‘(3) INFORMATION
SHARING.—The Director 
shall—
‘‘(A) establish a mechanism for real-time 
communication with the National Operations 
Center; 
‘‘(B) provide integrated information to the 
heads of the departments and agencies with 
which the Director has entered into an agree-
ment under subsection (d); 
‘‘(C) notify the Secretary, the head of the 
National Operations Center, and the heads of
appropriate Federal, State, tribal, and local en-
tities of any significant biological event identi-
fied by the NBIC; 
‘‘(D) provide reports on NBIC assessments 
to Federal, State, and local government entities, 
including departments and agencies with which 
the Director has entered into an agreement 
under subsection (d), and any private sector en-
tities, as considered appropriate by the Direc-
tor; and 
‘‘(E) use information sharing networks 
available to the Department for distributing 
NBIC incident or situational awareness reports. 
‘‘(d) INTERAGENCY AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall, where 
feasible, enter into agreements with the heads of ap-
propriate Federal departments and agencies, includ-
ing the Department of Health and Human Services, 
Department of Defense, the Department of Agri-
culture, the Department of State, the Department of 
Interior, and the Intelligence Community. 
‘‘(2) CONTENT
OF
AGREEMENTS.—Under an 
agreement entered into under paragraph (1), the 
head of a Federal department or agency shall agree 
to—
‘‘(A) use the best efforts of the department 
or agency to integrate biosurveillance informa-
tion capabilities through NBIC; 
‘‘(B) provide timely, evaluated information 
to assist the NBIC in maintaining biological sit-
uational awareness for timely and accurate de-
tection and response purposes; 
‘‘(C) provide connectivity for the bio-
surveillance data systems of the department or 
agency to the NBIC network under mutually 
agreed protocols; 
‘‘(D) detail, if practicable, to the NBIC de-
partment or agency personnel with relevant ex-
pertise in human, animal, plant, food, or envi-
ronmental disease analysis and interpretation; 
‘‘(E) retain responsibility for the surveil-
lance and intelligence systems of that depart-
ment or agency, if applicable; and 
‘‘(F) participate in forming the strategy 
and policy for the operation and information 
sharing practices of the NBIC. 
‘‘(e) NOTIFICATION OF DIRECTOR.—The Secretary 
shall ensure that the Director is notified of homeland secu-
rity information relating to any significant biological
threat and receives all classified and unclassified reports 
related to such a threat in a timely manner. 
‘‘(f) ADMINISTRATIVE AUTHORITIES.—
‘‘(1) PRIVACY.—The Secretary shall—
‘‘(A) designate the NBIC as a public 
health authority; 
‘‘(B) ensure that the NBIC complies with 
any applicable requirements of the Health In-
surance Portability and Accountability Act of 
1996; and 
‘‘(C) ensure that all applicable privacy reg-
ulations are strictly adhered to in the operation 
of the NBIC and the sharing of any informa-
tion related to the NBIC. 
‘‘(2) 
COLLECTION
OF
INFORMATION.—The 
NBIC, as a public health authority with a public 
health mission, is authorized to collect or receive 
health information, including such information pro-
tected under the Health Insurance Portability and 
Accountability Act of 1996, for the purpose of pre-
venting or controlling disease, injury, or disability. 
‘‘(g) NBIC INTERAGENCY WORKING GROUP.—The 
Director shall—
‘‘(1) establish an interagency working group to 
facilitate interagency cooperation to advise the Di-
rector on recommendations to enhance the bio-
surveillance capabilities of the Department; and 
‘‘(2) invite officials of Federal agencies that 
conduct biosurveillance programs, including officials 
of the departments and agencies with which the Sec-
retary has entered into an agreement under sub-
section (d), to participate in the working group. 
‘‘(h) ANNUAL REPORT REQUIRED.—Not later than 
December 31 of each year, the Secretary shall submit to 
Congress a report that contains each of the following: 
‘‘(1) A list of departments, agencies, and pri-
vate or nonprofit entities participating in the NBIC 
and a description of the data that each entity has 
contributed to the NBIC during the preceding fiscal 
year. 
‘‘(2) The schedule for obtaining access to any 
relevant biosurveillance information not received by 
the NBIC as of the date on which the report is sub-
mitted. 
‘‘(3) A list of Federal, State, and local govern-
ment entities and private sector entities that have 
direct or indirect access to the information that is 
integrated by the NBIC. 
‘‘(4) For any year before the NBIC is fully im-
plemented or any year in which any major structural
or institutional change is made to the NBIC, an im-
plementation plan for the NBIC that includes cost, 
schedule, key milestones, and the status of such 
milestones. 
‘‘(i) RELATIONSHIP TO OTHER DEPARTMENTS AND 
AGENCIES.—The authority of the Secretary under this 
section shall not affect an authority or responsibility of 
any other Federal department or agency with respect to 
biosurveillance activities under any program administered 
by that department or agency. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each fiscal year. 
‘‘(k) BIOLOGICAL EVENT.—For purposes of this sec-
tion, the term ‘biological event’ means—
‘‘(1) an act of terrorism involving biological 
agents or toxins of known or unknown origin; or 
‘‘(2) a naturally occurring outbreak of an infec-
tious disease that may be of potential national sig-
nificance.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the items relating to such title the following:
‘‘Sec. 316. National Biosurveillance Integration Center.’’.
(c) DEADLINE
FOR IMPLEMENTATION.—The Na-
tional Biosurveillance Integration Center required under
section 316 of the Homeland Security Act of 2002, as 
added by subsection (a), shall be fully operational by not 
later than September 30, 2008. 
SEC. 605. RISK ANALYSIS PROCESS AND INTEGRATED CBRN 
RISK ASSESSMENT. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 
by adding at the end the following: 
‘‘SEC. 317. RISK ANALYSIS PROCESS AND INTEGRATED 
CBRN RISK ASSESSMENT. 
‘‘(a) RISK ANALYSIS PROCESS.—The Secretary shall 
develop a risk analysis process that utilizes a scientific, 
quantitative methodology to assess and manage risks 
posed by chemical, biological, radiological, and nuclear 
(CBRN) agents. 
‘‘(b) INTEGRATED CBRN RISK ASSESSMENT.—The 
Secretary shall use the process developed under subsection 
(a) to conduct a risk assessment that shall support the 
integration of chemical, biological, radiological, and nu-
clear agents. 
‘‘(c) PURPOSE.—The purpose of the risk analysis 
process developed under subsection (a) and the integrated 
risk assessment conducted under subsection (b) shall be 
to identify high risk agents, determine how best to miti-
gate those risks, and guide resource allocation. Such risk 
analysis shall—
‘‘(1) facilitate satisfaction of the requirements 
of section 602; 
‘‘(2) guide research, development, acquisition, 
and deployment of applicable countermeasures, in-
cluding detection systems; 
‘‘(3) 
identify 
key 
knowledge 
gaps 
or 
vulnerabilities in the CBRN defense posture of the 
Department; 
‘‘(4) enable rebalancing and refining of invest-
ments within individual classes of threat agents as 
well as across such classes; and 
‘‘(5) support end-to-end assessments of the 
overall CBRN defense policy of the Department, 
taking into account the full spectrum of counter-
measures available, including prevention, prepared-
ness, planning, response and recovery activities, to 
better steer investments to strategies with the great-
est potential for mitigating identified risks. 
‘‘(d) RISK INFORMATION.—
‘‘(1) CLASSES OF THREAT AGENTS.—In devel-
oping the risk analysis process under subsection (a) 
and conducting the risk assessment under subsection
(b), the Secretary shall consider risks posed by the 
following classes of threats: 
‘‘(A) Chemical threats, including—
‘‘(i) toxic industrial materials and 
chemicals; 
‘‘(ii) 
traditional 
chemical 
warfare 
agents; and 
‘‘(iii) non-traditional agents, which 
are defined as novel chemical threat agents 
or toxicants requiring adapted counter-
measures. 
‘‘(B) Biological threats, including—
‘‘(i) traditional agents listed by the 
Centers of Disease Control and Prevention 
as Category A, B, and C pathogens and 
toxins; 
‘‘(ii) enhanced agents, which are de-
fined as traditional agents that have been 
modified or selected to enhance their abil-
ity to harm human populations or cir-
cumvent current countermeasures; 
‘‘(iii) emerging agents, which are de-
fined as previously unrecognized pathogens 
that may be naturally occurring and
present a serious risk to human popu-
lations; and 
‘‘(iv) advanced or engineered agents, 
which are defined as novel pathogens or 
other materials of biological nature that 
have been artificially engineered in the lab-
oratory to bypass traditional counter-
measures or produce a more severe or oth-
erwise enhanced spectrum of disease. 
‘‘(C) Nuclear and radiological threats, in-
cluding fissile and other radiological material 
that could be incorporated into an improvised 
nuclear device or a radiological dispersal device 
or released into a wide geographic area by dam-
age to a nuclear reactor. 
‘‘(D) Threats to the agriculture sector and 
food and water supplies. 
‘‘(E) Other threat agents the Secretary de-
termines appropriate. 
‘‘(2) SOURCES.—The risk analysis process de-
veloped under subsection (a) shall be informed by 
findings of the intelligence and law enforcement 
communities and integrated with expert input from 
the scientific, medical, and public health commu-
nities, including from relevant components of the 
Department and other Federal agencies. 
‘‘(3) DATA QUALITY, SPECIFICITY, AND CON-
FIDENCE.—In developing the risk analysis process 
under subsection (a), the Secretary shall consider 
the degree of uncertainty and variability in the avail-
able scientific information and other information 
about the classes of threat agents under paragraph 
(1). An external review shall be conducted to assess 
the ability of the risk analysis process developed by 
the Secretary to address areas of large degrees of 
uncertainty. 
‘‘(4) NEW INFORMATION.—The Secretary shall 
frequently and systematically update the risk assess-
ment conducted under subsection (b), as needed, to 
incorporate emerging intelligence information or 
technological changes in order to keep pace with 
evolving threats and rapid scientific advances. 
‘‘(e) METHODOLOGY.—The risk analysis process de-
veloped by the Secretary under subsection (a) shall—
‘‘(1) consider, as variables—
‘‘(A) threat, or the likelihood that a type 
of attack that might be attempted; 
‘‘(B) vulnerability, or the likelihood that an 
attacker would succeed; and
‘‘(C) consequence, or the likely impact of 
an attack; 
‘‘(2) evaluate the consequence component of 
risk as it relates to mortality, morbidity, and eco-
nomic effects; 
‘‘(3) allow for changes in assumptions to evalu-
ate a full range of factors, including technological, 
economic, and social trends, which may alter the fu-
ture security environment; 
‘‘(4) contain a well-designed sensitivity analysis 
to address high degrees of uncertainty associated 
with the risk analyses of certain CBRN agents; 
‘‘(5) utilize red teaming analysis to identify 
vulnerabilities an adversary may discover and exploit 
in technology, training, and operational procedures 
and to identify open-source information that could 
be used by those attempting to defeat the counter-
measures; and 
‘‘(6) incorporate an interactive interface that 
makes results and limitations transparent and useful 
to decision makers for identifying appropriate risk 
management activities. 
‘‘(f) COORDINATION.—The Secretary shall ensure 
that all risk analysis activities with respect to radiological
or nuclear materials shall be conducted in coordination 
with the Domestic Nuclear Detection Office. 
‘‘(g) TIMEFRAME; REPORTS TO CONGRESS.—
‘‘(1) INITIAL REPORT.—By not later than June 
2008, the Secretary shall complete the first formal, 
integrated, CBRN risk assessment required under 
subsection (b) and shall submit to Congress a report 
summarizing the findings of such assessment and 
identifying improvements that could be made to en-
hance the transparency and usability of the risk 
analysis process developed under subsection (a). 
‘‘(2) UPDATES
TO
REPORT.—The Secretary 
shall submit to Congress updates to the findings and 
report in paragraph (1), when appropriate, but by 
not later than two years after the date on which the 
initial report is submitted. Such updates shall reflect 
improvements in the risk analysis process developed 
under subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the items relating to such title the following:
‘‘Sec. 317. Risk analysis process and integrated CBRN risk assessment.’’.
TITLE 
VII—HOMELAND 
SECU-
RITY 
CYBERSECURITY 
IM-
PROVEMENTS 
SEC. 701. CYBERSECURITY AND COMMUNICATIONS. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002 (6 U.S.C. 141 et seq.) is amend-
ed by adding at the end the following new section: 
‘‘SEC. 226. OFFICE OF CYBERSECURITY AND COMMUNICA-
TIONS. 
‘‘(a) IN GENERAL.—There shall be within the De-
partment of Homeland Security an Office of Cybersecurity 
and Communications, which shall be headed by the Assist-
ant Secretary for Cybersecurity and Communications. 
‘‘(b) DUTY OF THE ASSISTANT SECRETARY.—The 
Assistant Secretary shall assist the Secretary in carrying 
out the responsibilities of the Department regarding 
cybersecurity and communications. 
‘‘(c) RESPONSIBILITIES.—The Assistant Secretary 
shall be responsible for overseeing preparation, situational 
awareness, response, reconstitution, and mitigation nec-
essary for cybersecurity and to protect communications 
from terrorist attacks, major disasters, and other emer-
gencies, including large-scale disruptions, and shall con-
duct the following activities to execute those responsibil-
ities:
‘‘(1) PREPARATION AND SITUATIONAL AWARE-
NESS.—
‘‘(A) Establish and maintain a capability 
within the Department for ongoing activities to 
identify threats to critical information infra-
structure to aid in detection of vulnerabilities 
and warning of potential acts of terrorism and 
other attacks. 
‘‘(B) Conduct risk assessments on critical 
information infrastructure with respect to acts 
of terrorism and other large-scale disruptions, 
identify and prioritize vulnerabilities in critical 
information infrastructure, and coordinate the 
mitigation of such vulnerabilities. 
‘‘(C) Develop a plan for the continuation 
of critical information operations in the event of 
a cyber attack or other large-scale disruption of 
the information infrastructure of the United 
States. 
‘‘(D) Oversee an emergency communica-
tions system in the event of an act of terrorism 
or other large-scale disruption of the informa-
tion infrastructure of the United States. 
‘‘(2) RESPONSE AND RECONSTITUTION.—
‘‘(A) Define what qualifies as a cyber inci-
dent of national significance for purposes of the 
National Response Plan. 
‘‘(B) Ensure that the Department’s prior-
ities, procedures, and resources are in place to 
reconstitute critical information infrastructures 
in the event of an act of terrorism or other 
large-scale disruption. 
‘‘(3) MITIGATION.—
‘‘(A) Develop a national cybersecurity 
awareness, training, and education program 
that promotes cybersecurity awareness within 
the Federal Government and throughout the 
Nation. 
‘‘(B) Consult and coordinate with the 
Under Secretary for Science and Technology on 
cybersecurity research and development to 
strengthen critical information infrastructure 
against acts of terrorism and other large-scale 
disruptions. 
‘‘(d) DEFINITION.—In this section the term ‘critical 
information infrastructure’ means systems and assets, 
whether physical or virtual, used in processing, transfer-
ring, and storing information so vital to the United States 
that the incapacity or destruction of such systems and as-
100
sets would have a debilitating impact on security, national 
economic security, national public health or safety, or any 
combination of those matters.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting at the 
end of the items relating to subtitle C of title II the fol-
lowing:
‘‘Sec. 226. Office of Cybersecurity and Communications.’’.
SEC. 702. CYBERSECURITY RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Under Secretary for Science 
and Technology shall support research, development, test-
ing, 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 emphasis on research and development 
relevant to large-scale, high-impact attacks. 
(b) ACTIVITIES.—The research and development sup-
ported 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 detect-
ing attacks or intrusions, including monitoring tech-
nologies;
101
(3) improve and create mitigation and recovery 
methodologies, including techniques for 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 tech-
nologies to reduce vulnerabilities in process control 
systems (PCS); and 
(6) test, evaluate, and facilitate the transfer of 
technologies associated with the engineering of less 
vulnerable software and securing the IT software de-
velopment lifecycle. 
(c) COORDINATION.—In carrying out this section, the 
Under Secretary for Science and Technology shall coordi-
nate activities with—
(1) the Assistant Secretary for Cybersecurity 
and Communications; and 
(2) other Federal agencies, including the Na-
tional Science Foundation, the Defense Advanced 
Research Projects Agency, the Information Assur-
ance Directorate of the National Security Agency, 
the National Institute of Standards and Technology,
102
the Department of Commerce, and other appropriate 
working groups established by the President to iden-
tify unmet needs and cooperatively support activi-
ties, as appropriate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized by section 101, there is authorized to 
be appropriated for the Department of Homeland Security 
for fiscal year 2008, $50,000,000, for the cybersecurity 
research and development activities of the Directorate for 
Science and Technology to prevent, detect, and respond 
to acts of terrorism and other large-scale disruptions to 
information infrastructure. 
SEC. 703. COLLABORATION. 
In carrying out this title, the Assistant Secretary of 
Homeland Security for Cybersecurity and Communica-
tions shall collaborate with any Federal entity that, under 
law, has authority over the activities set forth in this title. 
TITLE VIII—SCIENCE AND 
TECHNOLOGY IMPROVEMENTS 
SEC. 801. REPORT TO CONGRESS ON STRATEGIC PLAN. 
Not later than 120 days after the date of enactment 
of this Act, the Under Secretary for Science and Tech-
nology shall transmit to Congress the strategic plan de-
scribed in section 302(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 182(2)). In addition to the require-
103
ments described in that section 302(2), the strategic plan 
transmitted under this section shall include—
(1) a strategy to enhance the Directorate for 
Science and Technology workforce, including edu-
cation and training programs, improving morale, 
minimizing turnover, strengthening workforce re-
cruitment, and securing institutional knowledge; 
(2) the Department policy describing the proce-
dures by which the Directorate for Science and 
Technology hires and administers assignments to in-
dividuals assigned to the Department as detailees 
under an arrangement described in subchapter VI of 
chapter 33 of title 5, United States Code; 
(3) the Department policy governing the re-
sponsibilities of the Under Secretary for Science and 
Technology, the Under Secretary for Policy, and the 
Under Secretary for Management, and the oper-
ational components of the Department regarding re-
search, development, testing, evaluation, and pro-
curement of homeland security technologies; 
(4) a description of the methodology by which 
research, development, testing, and evaluation is 
prioritized and funded by the Directorate for Science 
and Technology;
104
(5) a description of the performance measure-
ments to be used or a plan to develop performance 
measurements that can be used to annually evaluate 
the Directorate for Science and Technology’s activi-
ties, mission performance, and stewardship of re-
sources; 
(6) a plan for domestic and international co-
ordination of all related programs and activities 
within the Department and throughout Federal 
agencies, State, local, and tribal governments, the 
emergency responder community, industry, and aca-
demia; 
(7) a plan for leveraging the expertise of the 
National Laboratories, the process for allocating 
funding to the National Laboratories, and a plan for 
fulfilling existing National Laboratory infrastructure 
commitments to maintain current capabilities and 
meet mission needs; and 
(8) a strategy for the Homeland Security Ad-
vanced Research Projects Agency that includes—
(A) a mission statement; 
(B) a description of the Department’s high 
risk and high payoff research, development, 
test, and evaluation strategy; and
105
(C) internal policies designed to encourage 
innovative solutions. 
SEC. 802. CENTERS OF EXCELLENCE PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized by section 101, there is authorized to 
be appropriated to the Secretary of Homeland Security for 
carrying out the Centers of Excellence Program 
$31,000,000 for fiscal year 2008 such that each center 
that received funding in fiscal year 2007 shall receive, at 
a minimum, the same amount it received in fiscal year 
2007. 
(b) MINORITY SERVING INSTITUTIONS PROGRAM.—
Of the amount authorized by section 101, there is author-
ized to be appropriated to the Secretary of Homeland Se-
curity for carrying out the Minority Serving Institutions 
Program $8,000,000 for fiscal year 2008. 
(c) CENTERS OF EXCELLENCE PROGRAM PARTICIPA-
TION.—
(1) REQUIREMENT.—If, by the date of the en-
actment of this Act, the Secretary of Homeland Se-
curity has not selected a Minority Serving Institu-
tion to participate as a Center of Excellence under 
the Department of Homeland Security Centers of 
Excellence Program, at least one of the next four 
Centers of Excellence selected after the date of en-
106
actment of this Act shall be an otherwise eligible ap-
plicant that is a Minority Serving Institution. 
(2) MINORITY
SERVING
INSTITUTION
DE-
FINED.—In this subsection the term ‘‘Minority Serv-
ing Institution’’ means—
(A) an historically black college or univer-
sity that receives assistance under part B of 
title III of the Higher Education Act of 1965 
(20 U.S.C. 106 et seq.); 
(B) an Hispanic-serving institution (as 
that term is defined in section 502 of the High-
er Education Act of 1965 (20 U.S.C. 1101a); 
or 
(C) a tribally controlled college or univer-
sity (as that term is defined in section 2 of the 
Tribally Controlled College or University Assist-
ance Act of 1978 (25 U.S.C. 1801)). 
SEC. 803. NATIONAL RESEARCH COUNCIL STUDY OF UNI-
VERSITY PROGRAMS. 
(a) STUDY.—Not later than 3 months after the date 
of enactment of this Act, the Under Secretary for Science 
and Technology of the Department of Homeland Security 
shall seek to enter into an agreement with the National 
Research Council of the National Academy of Sciences to 
conduct a study to assess the University Programs of the
107
Department, with an emphasis on the Centers of Excel-
lence Program and the future plans for these programs, 
and make recommendations for appropriate improve-
ments. 
(b) SUBJECTS.—The study shall include—
(1) a review of key areas of study needed to 
support the homeland security mission, and criteria 
that should be utilized to determine those key areas 
for which the Department should maintain or estab-
lish Centers of Excellence; 
(2) a review of selection criteria and weighting 
of such criteria for Centers of Excellence; 
(3) an examination of the optimal role of Cen-
ters of Excellence in supporting the mission of the 
Directorate of Science and Technology and the most 
advantageous relationship between the Centers of 
Excellence and the Directorate and the Department 
components the Directorate serves; 
(4) an examination of the length of time the 
Centers of Excellence should be awarded funding 
and the frequency of the review cycle in order to 
maintain such funding, particularly given their focus 
on basic, long term research; 
(5) identification of the most appropriate review 
criteria and metrics to measure demonstrable
108
progress, and mechanisms for delivering and dis-
seminating the research results of established Cen-
ters of Excellence within the Department, and to 
other Federal, State, and local agencies; 
(6) an examination of the means by which aca-
demic institutions that are not designated or associ-
ated with Centers of Excellence can optimally con-
tribute to the research mission of the Directorate; 
(7) an assessment of the interrelationship be-
tween the different University Programs; and 
(8) a review of any other essential elements of 
the University Programs to be determined in the 
conduct of the study. 
(c) REPORT.—The Under Secretary for Science and 
Technology shall transmit a report containing the results 
of the study and recommendations required by subsection 
(a) and the Under Secretary’s response to the rec-
ommendations, to the appropriate Congressional commit-
tees not later than 24 months after the date of enactment 
of this Act. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized in section 101, there is authorized to 
be appropriated to carry out this section $500,000.
109
SEC. 
804. 
STREAMLINING 
OF 
SAFETY 
ACT 
AND 
ANTITERRORISM 
TECHNOLOGY 
PROCURE-
MENT PROCESSES. 
(a) PERSONNEL.—The Secretary of Homeland Secu-
rity shall ensure that, in addition to any personnel en-
gaged in technical evaluations that may be appropriate, 
a sufficient number of full-time equivalent personnel, who 
are properly trained and qualified to apply legal, economic, 
and risk analyses, are involved in the review and 
prioritization of antiterrorism technologies for the purpose 
of determining whether such technologies may be des-
ignated by the Secretary as qualified antiterrorism tech-
nologies under section 862(b) of the SAFETY Act (6 
U.S.C. 441(b)) or certified by the Secretary under section 
863(d) of such Act (6 U.S.C. 442(d)). 
(b) COORDINATION WITHIN DEPARTMENT OF HOME-
LAND SECURITY.—The Secretary of Homeland Security 
shall—
(1) establish a formal coordination process that 
includes the official of the Department of Homeland 
Security with primary responsibility for the imple-
mentation of the SAFETY Act, the Chief Procure-
ment Officer of the Department, the Under Sec-
retary for Science and Technology, the Under Sec-
retary for Policy, and the Department of Homeland 
Security General Counsel to ensure the application
110
of the litigation and risk management provisions of 
the SAFETY Act to antiterrorism technologies pro-
cured by the Department; and 
(2) promote awareness and utilization of the 
litigation and risk management provisions of the 
SAFETY Act in the procurement of antiterrorism 
technologies. 
(c) ISSUANCE OF DEPARTMENTAL DIRECTIVE.—The 
Secretary of Homeland Security shall, in accordance with 
the final rule implementing the SAFETY Act, issue a De-
partmental management directive providing for coordina-
tion between Department procurement officials and any 
other Department official responsible for implementing 
the SAFETY Act in advance of any Department procure-
ment of an antiterrorism technology, as required under 
subsection (b). 
SEC. 805. PROMOTING ANTITERRORISM THROUGH INTER-
NATIONAL COOPERATION ACT. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 
by adding at the end the following: 
‘‘SEC. 319. PROMOTING ANTITERRORISM THROUGH INTER-
NATIONAL COOPERATION PROGRAM. 
‘‘(a) DEFINITIONS.—In this section:
111
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director selected under subsection (b)(2). 
‘‘(2) INTERNATIONAL
COOPERATIVE
ACTIV-
ITY.—The term ‘international cooperative activity’ 
includes—
‘‘(A) coordinated research projects, joint 
research projects, or joint ventures; 
‘‘(B) joint studies or technical demonstra-
tions; 
‘‘(C) coordinated field exercises, scientific 
seminars, conferences, symposia, and work-
shops; 
‘‘(D) training of scientists and engineers; 
‘‘(E) visits and exchanges of scientists, en-
gineers, or other appropriate personnel; 
‘‘(F) exchanges or sharing of scientific and 
technological information; and 
‘‘(G) joint use of laboratory facilities and 
equipment. 
‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECU-
RITY
INTERNATIONAL
COOPERATIVE
PROGRAMS
OF-
FICE.—
‘‘(1) ESTABLISHMENT.—The Under Secretary 
shall establish the Science and Technology Home-
112
land Security International Cooperative Programs 
Office. 
‘‘(2) DIRECTOR.—The Office shall be headed by 
a Director, who—
‘‘(A) shall be selected by and shall report 
to the Under Secretary; and 
‘‘(B) may be an officer of the Department 
serving in another position. 
‘‘(3) RESPONSIBILITIES.—
‘‘(A) DEVELOPMENT
OF
MECHANISMS.—
The Director shall be responsible for devel-
oping, in consultation with the Department of 
State, understandings or agreements that allow 
and support international cooperative activity in 
support of homeland security research, develop-
ment, and comparative testing. 
‘‘(B) PRIORITIES.—The Director shall be 
responsible for developing, in coordination with 
the Directorate of Science and Technology, the 
other components of the Department of Home-
land Security, and other Federal agencies, stra-
tegic priorities for international cooperative ac-
tivity in support of homeland security research, 
development, and comparative testing.
113
‘‘(C) ACTIVITIES.—The Director shall fa-
cilitate the planning, development, and imple-
mentation of international cooperative activity 
to address the strategic priorities developed 
under subparagraph (B) through mechanisms 
the Under Secretary considers appropriate, in-
cluding grants, cooperative agreements, or con-
tracts to or with foreign public or private enti-
ties, governmental organizations, businesses, 
federally funded research and development cen-
ters, and universities. 
‘‘(D) IDENTIFICATION
OF
PARTNERS.—
The Director shall facilitate the matching of 
United States entities engaged in homeland se-
curity research with non-United States entities 
engaged in homeland security research so that 
they may partner in homeland security research 
activities. 
‘‘(4) COORDINATION.—The Director shall en-
sure that the activities under this subsection are co-
ordinated with those of other relevant research agen-
cies, and may run projects jointly with other agen-
cies. 
‘‘(5) CONFERENCES
AND
WORKSHOPS.—The 
Director may hold international homeland security
114
technology workshops and conferences to improve 
contact among the international community of tech-
nology developers and to help establish direction for 
future technology goals. 
‘‘(c) INTERNATIONAL COOPERATIVE ACTIVITIES.—
‘‘(1) AUTHORIZATION.—The Under Secretary is 
authorized to carry out international cooperative ac-
tivities to support the responsibilities specified under 
section 302. 
‘‘(2) MECHANISMS AND EQUITABILITY.—In car-
rying out this section, the Under Secretary may 
award grants to and enter into cooperative agree-
ments or contracts with United States governmental 
organizations, businesses (including small businesses 
and small and disadvantaged businesses), federally 
funded research and development centers, institu-
tions of higher education, and foreign public or pri-
vate entities. The Under Secretary shall ensure that 
funding and resources expended in international co-
operative activities will be equitably matched by the 
foreign partner organization through direct funding 
or funding of complementary activities, or through 
provision of staff, facilities, materials, or equipment. 
‘‘(3) LOANS OF EQUIPMENT.—The Under Sec-
retary may make or accept loans of equipment for
115
research and development and comparative testing 
purposes. 
‘‘(4) COOPERATION.—The Under Secretary is 
authorized to conduct international cooperative ac-
tivities jointly with other agencies. 
‘‘(5) FOREIGN
PARTNERS.—Partners may in-
clude Israel, the United Kingdom, Canada, Aus-
tralia, Singapore, and other allies in the global war 
on terrorism, as appropriate. 
‘‘(6) EXOTIC DISEASES.—As part of the inter-
national cooperative activities authorized in this sec-
tion, the Under Secretary, in coordination with the 
Chief Medical Officer, may facilitate the develop-
ment of information sharing and other types of co-
operative mechanisms with foreign countries, includ-
ing nations in Africa, to strengthen American pre-
paredness against threats to the Nation’s agricul-
tural and public health sectors from exotic diseases. 
‘‘(d) BUDGET ALLOCATION.—There is authorized to 
be appropriated to the Secretary, to be derived from 
amounts otherwise authorized for the Directorate of 
Science and Technology, $25,000,000 for each of the fis-
cal years 2008 through 2011 for activities under this sec-
tion.
116
‘‘(e) FOREIGN REIMBURSEMENTS.—Whenever the 
Science and Technology Homeland Security International 
Cooperative Programs Office participates in an inter-
national cooperative activity with a foreign country on a 
cost-sharing basis, any reimbursements or contributions 
received from that foreign country to meet its share of 
the project may, subject to the availability of appropria-
tions for such purpose, be credited to appropriate current 
appropriations accounts of the Directorate of Science and 
Technology. 
‘‘(f) REPORT TO CONGRESS ON INTERNATIONAL CO-
OPERATIVE ACTIVITIES.—
‘‘(1) INITIAL
REPORT.—Not later than 180 
days after the date of enactment of this section, the 
Under Secretary, acting through the Director, shall 
transmit to the Congress a report containing—
‘‘(A) a brief description of each partner-
ship formed under subsection (b)(4), including 
the participants, goals, and amount and sources 
of funding; and 
‘‘(B) a list of international cooperative ac-
tivities underway, including the participants, 
goals, expected duration, and amount and 
sources of funding, including resources provided
117
to support the activities in lieu of direct fund-
ing. 
‘‘(2) UPDATES.—At the end of the fiscal year 
that occurs 5 years after the transmittal of the re-
port under subsection (a), and every 5 years there-
after, the Under Secretary, acting through the Di-
rector, shall transmit to the Congress an update of 
the report required under subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Homeland Security Act of 2002 is further amended 
by adding at the end of the items relating to such title 
the following new item:
‘‘Sec. 319. Promoting antiterrorism through international cooperation pro-
gram.’’.
SEC. 806. AVAILABILITY OF TESTING FACILITIES AND 
EQUIPMENT. 
(a) AUTHORITY.—The Under Secretary for Science 
and Technology or his designee may make available to any 
person or entity, for an appropriate fee, the services of 
any Department of Homeland Security owned and oper-
ated center, or other testing facility for the testing of ma-
terials, equipment, models, computer software, and other 
items designed to advance the homeland security mission. 
(b) INTERFERENCE WITH FEDERAL PROGRAMS.—
The Under Secretary for Science and Technology shall en-
sure that the testing of materiel and other items not
118
owned by the Government shall not cause government per-
sonnel or other government resources to be diverted from 
scheduled tests of Government materiel or otherwise inter-
fere with Government mission requirements. 
(c) CONFIDENTIALITY OF TEST RESULTS.—The re-
sults of tests performed with services made available under 
subsection (a) and any associated data provided by the 
person or entity for the conduct of such tests are trade 
secrets or commercial or financial information that is priv-
ileged or confidential within the meaning of section 
552b(4) of title 5, United States Code, and may not be 
disclosed outside the Federal Government without the con-
sent of the person or entity for whom the tests are per-
formed. 
(d) FEES.—The fees for exercising the authorities 
under subsection (a) may not exceed the amount necessary 
to recoup the direct and indirect costs involved, such as 
direct costs of utilities, contractor support, and salaries 
of personnel that are incurred by the United States to pro-
vide for the testing. 
(e) USE OF FEES.—The fees for exercising the au-
thorities under subsection (a) shall be credited to the ap-
propriations or other funds of the Directorate of Science 
and Technology.