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tor 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 De-
partment shall submit to the appropriate congressional 
committees an update on the status of implementation of 
this section and activities in support of such implementa-
tion. 
SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS 
FOR GLOBAL NUCLEAR DETECTION ARCHI-
TECTURE. 
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 fol-
lowing: 
(1) A strategic plan for the global nuclear de-
tection architecture to deter and detect the transport 
of nuclear or radioactive materials by all means pos-
sible, with specific focus on establishing the goals, 
objectives, and cost projections for the next five 
years, including a discussion of— 
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(A) technological and nontechnological 
methods to increase detection capabilities; 
(B) the preventive nature of the global nu-
clear 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 de-
tection assets across all border and other path-
ways; and 
(E) any emerging threat vectors identified 
by the Director of the Domestic Nuclear Detec-
tion Office. 
(2) In consultation with the Secretary of De-
fense, the Secretary of Energy, the Secretary of 
State, the Nuclear Regulatory Commission, the In-
telligence Community, and the Attorney General, an 
analysis of overall budget allocations that determines 
whether Government wide nuclear detection re-
sources 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 Con-
gress that in view of the Secretary’s decision not to certify 
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advanced spectroscopic portal monitors for primary 
screening applications because they do not offer a signifi-
cant 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 re-
port 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 por-
tal monitors that would provide the Department with a 
significant increase in operational effectiveness for pri-
mary screening for radioactive materials. 
SEC. 505. AUTHORIZATION OF SECURING THE CITIES INI-
TIATIVE. 
(a) FINDINGS.—Congress finds the following: 
(1) The Securing the Cities Initiative of the De-
partment uses next generation radiation detection 
technology to detect the transport of nuclear and ra-
diological material in urban areas by terrorists or 
other unauthorized individuals. 
(2) The technology used by partners in the Se-
curing the Cities Initiative leverages radiation detec-
tion technology used at ports of entry. 
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(3) The Securing the Cities Initiative has fos-
tered unprecedented collaboration and coordination 
among its Federal, State, and local partners. 
(4) The Securing the Cities Initiative is a crit-
ical national capability to detect the dangerous intro-
duction 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 imple-
mented 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 partici-
pating in the Urban Area Security Initiative, such 
sums as may be necessary each fiscal year to imple-
ment and sustain each additional initiative. 
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TITLE VI—CLARIFYING 
AMENDMENTS 
SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS. 
Section 305 (6 U.S.C. 184) is amended— 
(1) by inserting ‘‘(a) ESTABLISHMENT.—’’ be-
fore the first sentence; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(b) CONGRESSIONAL TASKING.—Upon a request of 
the chairman and the ranking minority member of an ap-
propriate congressional committee, a federally funded re-
search and development center established under this sec-
tion may perform independent analysis of homeland secu-
rity issues and report its findings to the appropriate con-
gressional committees and the Secretary. 
‘‘(c) CONGRESSIONAL OVERSIGHT.—Federally fund-
ed research and development centers established under 
this section are encouraged, upon request of the chairman 
and the ranking minority member of an appropriate con-
gressional 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 De-
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partment relating to personnel conflicts of interest to en-
sure that such policies specifically address employees of 
federally funded research and development centers estab-
lished under this section who are in a position to make 
or materially influence research findings or agency deci-
sionmaking. 
‘‘(e) ANNUAL REPORTS.—Each federally funded re-
search and development center established under this sec-
tion shall transmit to the Secretary and appropriate con-
gressional committees an annual report on the activities 
of the center.’’. 
SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTI-
TUTE. 
(a) REPEAL.—Section 312 (6 U.S.C. 192) is re-
pealed. 
(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 EN-
ERGY 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— 
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(1) conduct a study to assess the implementa-
tion of the statutory relationship between the De-
partment 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 improve-
ments to such relationship. 
(b) STUDY SUBJECTS.—The study shall include the 
following: 
(1) Review of how the Department and the De-
partment 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, com-
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pared to other Department of Energy national lab-
oratory 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 INFRASTRUC-
TURES. 
(a) ESTABLISHMENT.—There is established the Com-
mission on the Protection of Critical Electric and Elec-
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tronic Infrastructures (in this section referred to as the 
‘‘Commission’’). 
(b) PURPOSES.— 
(1) IN GENERAL.—The purposes of the Com-
mission 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 infra-
structure sectors; 
(B) provide a clear and comprehensive 
strategy and specific recommendations for pro-
tecting these critical electric and electronic in-
frastructures; 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 infrastruc-
tures, including— 
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(A) cyber attacks or unintentional cyber 
disruption; 
(B) electromagnetic phenomena such as 
geomagnetically induced currents, intentional 
electromagnetic 
interference, 
and 
electro-
magnetic 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 com-
posed 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 Rep-
resentatives 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 Rep-
resentatives Committee on Energy and Com-
merce; 
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(E) 1 member shall be appointed by the 
Chairman of the Senate Committee on Home-
land Security and Governmental Affairs; 
(F) 1 member shall be appointed by the 
ranking minority member of the Senate Com-
mittee on Homeland Security and Govern-
mental 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 Com-
mittee on Energy and Natural Resources; and 
(I) 1 member who shall serve as the Chair-
man of the Commission, and who shall be ap-
pointed by the Speaker of the House of Rep-
resentatives with the concurrence of the Presi-
dent Pro Tempore of the Senate. 
(2) QUALIFICATIONS.—It is the sense of Con-
gress that individuals appointed to the Commission 
should have significant depth of experience in elec-
tric and electronic infrastructures, their function, 
and their protection, as well as the threats to these 
infrastructures as identified in subsection (b)(2). 
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(3) DEADLINE FOR APPOINTMENT.—All mem-
bers 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 Com-
mission 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 rel-
evant Federal, State, and local government depart-
ments and agencies with responsibilities for ensuring 
protection and reliability for electric and electronic 
infrastructures; 
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(3) the roles, missions, and structure of all rel-
evant 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 recov-
ery devices and measures. 
(e) POWERS OF COMMISSION.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose 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.— 
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(A) APPOINTMENT AND COMPENSATION.— 
The Chairman of the Commission, in accord-
ance with rules agreed upon by the Commis-
sion, 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, gov-
erning 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
EMPLOY-
EES.— 
(i) IN
GENERAL.—The executive di-
rector and any employees of the Commis-
sion 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. 
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(ii) MEMBERS OF COMMISSION.—Sub-
paragraph (A) shall not be construed to 
apply to members of the Commission. 
(C) DETAILEES.—Any Federal Govern-
ment employee may be detailed to the Commis-
sion without reimbursement from the Commis-
sion, and such detailee shall retain the rights, 
status, and privileges of his or her regular em-
ployment without interruption. 
(D) CONSULTANT
SERVICES.—The Com-
mission 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 Chair-
man shall place an emphasis on hiring and re-
taining employees, contractors, and detailees 
with active security clearances. For employees 
who do not have security clearances but are de-
termined by the Chairman to need them, the 
Central Intelligence Agency, Department of En-
ergy, Department of Defense, and any other 
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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 pre-
viously employed by the Commission to Assess 
the Threat to the United States from Electro-
magnetic 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, inde-
pendent establishment, or instrumentality of the 
Government, information, suggestions, esti-
mates, and statistics for the purposes of this 
section. Each department, bureau, agency, 
board, commission, office, independent estab-
lishment, 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 
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any member designated by a majority of the 
Commission. 
(B) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information shall only be re-
ceived, handled, stored, and disseminated by 
members of the Commission and its staff con-
sistent with all applicable statutes, regulations, 
and Executive orders. 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
able basis and as necessary, administrative sup-
port and other services for the performance of 
the Commission’s functions. 
(B) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance prescribed 
in paragraph (1), departments and agencies of 
the United States may provide to the Commis-
sion 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 prop-
erty. 
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