der and maritime security avoid duplication of ef-
forts, reduce unnecessary redundancies, streamline 
processes, increase efficiencies, and otherwise com-
plement existing Department and other efforts in bor-
der 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 Depart-
ment, to assess whether the development of screening capa-
bilities 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 Sec-
retary 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. 
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(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 pre-
paredness 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 ra-
diation 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 re-
sponse and recovery from a radiological attack. 
(2) Consideration of multiple attack scenarios, 
including a worst-case scenario. 
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(3) Consideration of multiple recovery strategies, 
including decontamination, demolition and removal, 
and relocation. 
(4) Consideration of economic, health, and psy-
chological 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 sec-
tion may include— 
(1) research and implementation through out-
reach 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 commu-
nity; 
(4) a plan to address community needs for resil-
ience; 
(5) an education program for community leaders 
and first responders about their resilience capacity 
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and mechanisms for mitigation, including via dis-
tance 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 INTER-
NET PROTOCOL VIDEO SURVEILLANCE TECH-
NOLOGY. 
It is the sense of Congress that— 
(1) video surveillance systems that operate over 
the Internet are an emerging homeland security tech-
nology that has the potential of significantly improv-
ing homeland security forensic and analytical capa-
bility; 
(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 other appro-
priate 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 Govern-
ment, which is one of the largest users of surveillance 
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technology, in detecting, deterring, preventing, and 
responding to terrorist attacks. 
SEC. 415. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY 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. 319. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY FELLOWS PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary, acting through 
the Under Secretary for Science and Technology, shall es-
tablish 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 
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component will reimburse the Directorate for the 
costs of such employment. 
‘‘(2) RESPONSIBILITIES.—Under such an agree-
ment— 
‘‘(A) the Under Secretary shall— 
‘‘(i) solicit and accept applications 
from individuals who are currently enrolled 
in or who are graduates of post-graduate 
programs 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; 
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tions on behalf of individuals whom such an association 
has determined may be qualified applicants under the pro-
gram.’’. 
(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. 319. Homeland Security Science and Technology Fellows Program.’’. 
SEC. 416. BIOLOGICAL THREAT AGENT ASSAY EQUIVA-
LENCY. 
(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. 320. BIOLOGICAL THREAT AGENT ASSAY EQUIVA-
LENCY PROGRAM. 
‘‘(a) IN GENERAL.—To facilitate equivalent biological 
threat agent identification among federally operated bio-
monitoring programs, the Under Secretary, in consultation 
with the Director of the Centers for Disease Control and 
Prevention, may implement an assay equivalency program 
for biological threat assays. 
‘‘(b) FEATURES.—In order to establish assay perform-
ance 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 
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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 de-
veloped 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 biologi-
cal 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. 320. Biological threat agent assay equivalency program.’’. 
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SEC. 417. STUDY OF FEASIBILITY AND BENEFIT OF EXPAND-
ING OR ESTABLISHING PROGRAM TO CREATE 
A NEW CYBERSECURITY CAPACITY BUILDING 
TRACK AT CERTAIN INSTITUTIONS OF HIGH-
ER EDUCATION. 
(a) IN GENERAL.—Within 90 days of enactment, the 
Secretary, in coordination with the National Science Foun-
dation, 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 assur-
ance capacity building track at institutions of higher edu-
cation that are not currently designated as a National Cen-
ter of Academic Excellence in Information Assurance Edu-
cation or a National Center of Academic Excellence in Re-
search. 
(b) SUBJECT MATTERS.—The study under subsection 
(a) shall include examinations of the following: 
(1) The feasibility and potential benefit of allow-
ing the following types of institutions into the exist-
ing 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. 
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(C) Institutions offering a certificate or in-
dustry-recognized credential. 
(2) The feasibility and potential benefit of estab-
lishing 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 in-
dustry-recognized credential. 
(3) The projected extent to which an expansion 
of the existing Federal Cyber Service program as de-
scribed in paragraph (1) would— 
(A) expand the availability of qualified in-
dividuals 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 edu-
cation to develop a new information assurance 
or cybersecurity education undergraduate degree 
programs, graduate degree programs, or pro-
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grams conferring a certificate or industry-recog-
nized credential; 
(C) increase the number of students grad-
uating annually from existing information as-
surance 
or 
cybersecurity 
education 
under-
graduate degree programs, graduate degree pro-
grams, 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 pro-
grams conferring a certificate or industry-recog-
nized credential. 
(4) The projected extent to which the establish-
ment of a new program modeled after the Federal 
Cyber Service program as described in paragraph (2) 
would— 
(A) expand the availability of qualified in-
dividuals 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 edu-
cation to develop a new information assurance 
or cybersecurity education undergraduate degree 
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programs, graduate degree programs, or pro-
grams conferring a certificate or industry-recog-
nized credential; 
(C) increase the number of students grad-
uating annually from existing information as-
surance 
or 
cybersecurity 
education 
under-
graduate degree programs, graduate degree pro-
grams, 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 pro-
grams conferring a certificate or industry-recog-
nized 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 Sec-
retary, 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 defen-
sive countermeasures to secure critical infrastructure 
and prevent terrorism; and 
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(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 EVALUA-
TION 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 in-
tends to exercise other transaction authority, the 
Under Secretary must receive prior approval from the 
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Secretary after submitting to the Secretary a proposal 
that includes the rationale for why a grant or con-
tract issued in accordance with the Federal Acquisi-
tion 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 an-
nual report on the exercise of other transaction au-
thority. 
‘‘(2) CONTENT.—The report shall include the fol-
lowing: 
‘‘(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. 
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‘‘(C) The extent to which use of other trans-
action authority has addressed a homeland secu-
rity capability gap identified by the Department 
of Homeland Security. 
‘‘(D) The total amount of payments, if any, 
that were received by the Federal Government as 
a result of such exercise of other transaction au-
thority during the period covered by the report. 
‘‘(E) The rationale for using other trans-
action authority, including why grants or con-
tracts issued in accordance with the Federal Ac-
quisition Regulation were not feasible or appro-
priate. 
‘‘(F) the amount expended for each such 
project. 
‘‘(f) TRAINING.—The Secretary shall develop a train-
ing program for acquisitions staff in the use of other trans-
action authority to help ensure the appropriate use of such 
authority. 
‘‘(g) REVIEW AUTHORITY.—The exercise of other trans-
action authority shall be subject to review by the Comp-
troller General of the United States to ensure that an agen-
cy is not attempting to avoid the requirements of procure-
ment statutes and regulations. 
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‘‘(h) OTHER TRANSACTION AUTHORITY DEFINED.—In 
this section the term ‘other transaction authority’ means 
authority under subsection (a).’’. 
SEC. 421. NATIONAL URBAN SECURITY TECHNOLOGY LAB-
ORATORY. 
(a) IN GENERAL.—The National Urban Security Tech-
nology Laboratory (formerly the Environmental Measure-
ments 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; 
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(E) techniques; and 
(F) procedures; 
(3) representing interests and requirements be-
tween technology developers and operational end- 
users; and 
(4) supporting development and use of homeland 
security equipment and operational standards. 
TITLE V—DOMESTIC NUCLEAR 
DETECTION OFFICE 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Domes-
tic 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 OVER-
SIGHT. 
(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 Do-
mestic 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 
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shall begin an internal review of the methodology by which 
research, development, testing, and evaluation is identified, 
prioritized, and funded by the DNDO. In conducting such 
review, the Director shall consult with the Under Secretary 
and the heads of all operational components of the Depart-
ment that own, operate, or maintain nuclear or radiological 
detection technologies. 
(c) CONTENTS OF REVIEW.—In carrying out the re-
view under subsection (b), the Director of the DNDO shall— 
(1) identify the process by which basic and ap-
plied 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 deci-
sion process for research, development, testing, and 
evaluation activities; 
(3) describe and implement a transparent system 
for tracking research, development, testing, and eval-
uation requirements; 
(4) describe and implement a mechanism to pro-
vide 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 
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and local first responders are being adequately ad-
dressed by the existing project selection process, and 
if not, how such process can be improved; 
(6) establish a method to collect and evaluate De-
partment 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 invest-
ment 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 na-
tional 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 com-
pletion of the review required by subsection (b), the Director 
of the DNDO shall submit to the Secretary and the appro-
priate congressional committees a report containing the 
findings of such review, together with information on the 
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systems, methods, and mechanisms established, and rec-
ommendations 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 following: 
(1) A strategic plan for the global nuclear detec-
tion architecture to deter and detect the transport of 
nuclear or radioactive materials by all means pos-
sible, with specific focus on establishing the goals, ob-
jectives, and cost projections for the next five years, 
including a discussion of— 
(A) 
technological 
and 
nontechnological 
methods to increase detection capabilities; 
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(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 Intelligence 
Community, and the Attorney General, an analysis of 
overall budget allocations that determines whether 
Governmentwide 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 ad-
vanced spectroscopic portal monitors for primary screening 
applications because they do not offer a significant increase 
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in operational effectiveness over existing technology, the Di-
rector must attempt to identify viable alternatives. 
(b) ANALYSIS AND REPORT.—The Director of the Do-
mestic 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 exist-
ing and developmental alternatives to existing radiation 
portal monitors and advanced spectroscopic portal monitors 
that would provide the Department with a significant in-
crease in operational effectiveness for primary 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 radi-
ological 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. 
(3) The Securing the Cities Initiative has fos-
tered unprecedented collaboration and coordination 
among its Federal, State, and local partners. 
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(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 De-
tection 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. 
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.—’’ before 
the first sentence; and 
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sional 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 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 EN-
ERGY NATIONAL LABORATORIES. 
(a) IN GENERAL.—Not later than 120 days 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 improve-
ments to such relationship. 
(b) STUDY SUBJECTS.—The study shall include the fol-
lowing: 
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(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 En-
ergy national laboratory work performed for the De-
partment 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 of the cost savings to the Department 
and the Department of Energy achieved through use 
of such statutory relationship, compared to other De-
partment of Energy national laboratory work per-
formed for the Department on a ‘‘work for others’’ 
basis. 
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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-
tronic Infrastructures (in this section referred to as the 
‘‘Commission’’). 
(b) PURPOSES.— 
(1) IN GENERAL.—The purposes of the Commis-
sion are to— 
(A) assess vulnerabilities of electric and 
electronic infrastructures, including— 
(i) all components of the United States 
electric grid, including electricity genera-
tion, transmission, distribution and meter-
ing; 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-
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tecting these critical electric and electronic infra-
structures; 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 com-
posed of 9 members, of whom— 
(A) 1 member shall be appointed by the 
Chairman of the House of Representatives Com-
mittee on Homeland Security; 
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(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 Com-
mittee 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; 
(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 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 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-
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pointed by the Speaker of the House of Rep-
resentatives 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 
be United States citizens, with significant depth of ex-
perience in electric and electronic infrastructures, 
their function, and their protection, as well as the 
threats to these infrastructures as identified in sub-
section (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 meet-
ing, 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 va-
cancy 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— 
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(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; 
(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 Commission 
or, on the authority of the Commission, any sub-
committee 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 testi-
mony, receive such evidence, and administer such 
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oaths as the Commission or such designated sub-
committee or designated member may determine ad-
visable. 
(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 di-
rector and such other personnel as may be nec-
essary to enable the Commission to carry out its 
functions, without regard to the provisions of 
title 5, United States Code, governing appoint-
ments in the competitive service, and without re-
gard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, 
except that no rate of pay fixed under this sub-
section 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. 
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(B) PERSONNEL
AS
FEDERAL
EMPLOY-
EES.— 
(i) IN GENERAL.—The executive direc-
tor 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.—Sub-
paragraph (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 Commis-
sion may procure the services of experts and con-
sultants 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 posi-
tion at level I of the Executive Schedule under 
section 5315 of title 5, United States Code. 
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(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 rel-
evant agency shall expedite the necessary clear-
ance 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 se-
cure directly from any executive department, bu-
reau, agency, board, commission, office, inde-
pendent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this section. 
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Each department, bureau, agency, board, com-
mission, office, independent establishment, or in-
strumentality shall, to the extent authorized by 
law, furnish such information, suggestions, esti-
mates, and statistics directly to the Commission, 
upon request made by the Chairman, the chair-
man 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 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 
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the United States may provide to the Commis-
sion such services, funds, facilities, staff, and 
other support services as they may determine ad-
visable 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. 
(7) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as departments and agen-
cies 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 ex-
tent 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 ap-
pointment of the Commission, and annually thereafter, the 
Commission shall submit to the President and Congress a 
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report containing such findings, conclusions, and rec-
ommendations 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. 
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VerDate Mar 15 2010 
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Union Calendar No. 292 
111TH CONGRESS 
2D SESSION 
H. R. 4842 
[Report No. 111–486, Part I] 
A BILL 
To authorize appropriations for the Directorate of 
Science and Technology of the Department of 
Homeland Security for fiscal years 2011 and 
2012, and for other purposes. 
JUNE 25, 2010 
Committee on Science and Technology 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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