plement existing Department and other efforts in 
border and maritime security; and 
(2) the results of such efforts are shared with 
the appropriate congressional committees and others 
as determined appropriate by the Secretary. 
SEC. 411. RAPID BIOLOGICAL THREAT DETECTION AND 
IDENTIFICATION. 
(a) IN GENERAL.—Notwithstanding section 302(4) 
of the Homeland Security Act of 2002 (6 U.S.C. 182(4)), 
the Secretary shall require the Under Secretary, in con-
sultation with other relevant operational components of 
the Department, to assess whether the development of 
screening capabilities for pandemic influenza and other in-
fectious diseases should be undertaken by the Directorate 
to support entry and exit screening at ports of entry and 
for other purposes. 
(b) DEVELOPMENT
OF METHODS.—If the Under 
Secretary determines that the development of such screen-
ing capabilities should be undertaken, the Secretary shall, 
to the extent possible, initiate development of safe and ef-
fective methods to rapidly screen incoming travelers at 
ports of entry for pandemic influenza and other infectious 
diseases.
(c) COLLABORATION.—In developing methods under 
subsection (b), the Secretary may collaborate with other 
Federal agencies, as appropriate. 
SEC. 412. EDUCATING THE PUBLIC ABOUT RADIOLOGICAL 
THREATS. 
(a) PUBLIC AWARENESS CAMPAIGN.—The Secretary 
shall develop a public awareness campaign to enhance pre-
paredness and collective response to a radiological attack, 
including the following: 
(1) A clear explanation of the dangers associ-
ated with radioactive materials. 
(2) Possible effects of different levels of radi-
ation exposure, including a clear description of the 
how radiation exposure occurs and the amount of ex-
posure necessary to be of concern. 
(3) Actions that members of the public should 
take regarding evacuation, personal decontamina-
tion, 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.
(3) Consideration of multiple recovery strate-
gies, including decontamination, demolition and re-
moval, and relocation. 
(4) Consideration of economic, health, and psy-
chological effects. 
SEC. 413. RURAL RESILIENCE INITIATIVE. 
(a) IN GENERAL.—The Under Secretary shall con-
duct 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 re-
silience to, terrorist events and other incidents. 
(b) INCLUDED ACTIVITIES.—Activities under this 
section 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 com-
munity; 
(4) a plan to address community needs for re-
silience; 
(5) an education program for community lead-
ers and first responders about their resilience capac-
ity 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 
technology that has the potential of significantly im-
proving homeland security forensic and analytical 
capability; 
(2) to realize the full security benefits of such 
emerging homeland security technology, there should 
be interoperability standards for such technology; 
(3) the Directorate, working with the National 
Institute of Standards and Technology and any 
other appropriate Federal agencies, should encour-
age the private sector to develop interoperability 
standards for such emerging homeland security tech-
nology; and
(4) such efforts will help the Federal Govern-
ment, which is one of the largest users of surveil-
lance 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 Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 
by adding at the end the following new section: 
‘‘SEC. 324. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY FELLOWS PROGRAM. 
‘‘(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Under Secretary for Science and Technology, 
shall establish a fellows program, to be known as the 
Homeland Security Science and Technology Fellows Pro-
gram, 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 techno-
logical 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 compo-
nents outside the Directorate, under an agree-
ment with the head of such a component under 
which the component will reimburse the Direc-
torate for the costs of such employment. 
‘‘(2) 
RESPONSIBILITIES.—Under 
such 
an 
agreement— 
‘‘(A) the Under Secretary shall— 
‘‘(i) solicit and accept applications 
from individuals who are currently enrolled 
in graduate programs, or have received a 
graduate degree within 3 years prior to the 
time of application in scientific and engi-
neering 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 Sec-
retary;
‘‘(ii) screen applicant candidates and 
interview them as appropriate to ensure 
that they possess the appropriate level of 
scientific and engineering expertise and 
qualifications; 
‘‘(iii) provide a list of qualified appli-
cants to the heads of Department compo-
nents seeking to utilize qualified fellows; 
‘‘(iv) pay financial compensation to 
such fellows; 
‘‘(v) coordinate with the Chief Secu-
rity Officer to facilitate and expedite provi-
sion of security clearances to fellows, as 
appropriate; and 
‘‘(vi) otherwise administer all aspects 
of the fellows’ employment with the De-
partment; and 
‘‘(B) the head of the component utilizing 
the fellow shall— 
‘‘(i) select a fellow from the list of 
qualified applicants provided by the Under 
Secretary; 
‘‘(ii) reimburse the Under Secretary 
for the costs of employing the fellow se-
lected; and
‘‘(iii) be responsible for the day-to-day 
management of the fellow. 
‘‘(c) APPLICATIONS
FROM
ASSOCIATIONS.—The 
Under Secretary may accept applications under subsection 
(b)(2)(A) that are submitted by science or policy associa-
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. 324. 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. 325. 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 consulta-
tion with other relevant Federal agencies, may implement 
an assay equivalency program for biological threat assays.
‘‘(b) FEATURES.—In order to establish assay per-
formance equivalency to support homeland security and 
public health security decisions, the program may— 
‘‘(1) evaluate biological threat detection assays, 
their protocols for use, and their associated response 
algorithms for confirmation of biological threat 
agents, taking performance measures and concepts 
of operation into consideration; and 
‘‘(2) develop assay equivalency standards based 
on the findings of the evaluation under paragraph 
(1). 
‘‘(c) UPDATE.—The Under Secretary shall update 
the program as necessary. 
‘‘(d) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) require implementation of the standards 
developed under subsection (b)(2) for all Depart-
ment 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 bio-
logical threat agent; and 
‘‘(2) of a type selected under criteria estab-
lished by the Secretary.’’.
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is further amended by adding at the end 
of the items relating to title III the following new item: 
‘‘Sec. 325. Biological threat agent assay equivalency program.’’. 
SEC. 417. STUDY OF FEASIBILITY AND BENEFIT OF EX-
PANDING OR ESTABLISHING PROGRAM TO 
CREATE A NEW CYBERSECURITY CAPACITY 
BUILDING TRACK AT CERTAIN INSTITUTIONS 
OF HIGHER EDUCATION. 
(a) IN GENERAL.—Within 90 days of enactment, the 
Secretary, in coordination with the National Science 
Foundation, shall commission a study by a nonprofit re-
search institution to determine the feasibility and potential 
benefit of expanding the Federal Cyber Service Scholar-
ship for Service Program, or establishing a parallel pro-
gram, as methods to create a new cybersecurity or infor-
mation assurance capacity building track at institutions 
of higher education that are not currently designated as 
a National Center of Academic Excellence in Information 
Assurance Education or a National Center of Academic 
Excellence in Research. 
(b) SUBJECT MATTERS.—The study under sub-
section (a) shall include examinations of the following: 
(1) The feasibility and potential benefit of al-
lowing the following types of institutions into the ex-
isting Federal Cyber Service program:
(A) Community colleges. 
(B) Institutions offering an undergraduate 
degree, graduate degree, or post-graduate de-
gree, but do not qualify under the existing pro-
gram. 
(C) Institutions offering a certificate or in-
dustry-recognized credential. 
(2) The feasibility and potential benefit of es-
tablishing 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 de-
gree, but do not qualify under the existing pro-
gram; 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 de-
gree programs, graduate degree programs, or 
programs conferring a certificate or industry- 
recognized credential; 
(C) increase the number of students grad-
uating annually from existing information as-
surance or cybersecurity education under-
graduate degree programs, graduate degree 
programs, or programs conferring a certificate 
or industry-recognized credential; or 
(D) improve existing information assur-
ance or cybersecurity education undergraduate 
degree programs, graduate degree programs, or 
programs conferring a certificate or industry- 
recognized credential. 
(4) The projected extent to which the 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 de-
gree programs, graduate degree programs, or 
programs conferring a certificate or industry- 
recognized credential; 
(C) increase the number of students grad-
uating annually from existing information as-
surance or cybersecurity education under-
graduate degree programs, graduate degree 
programs, or programs conferring a certificate 
or industry-recognized credential; or 
(D) improve existing information assur-
ance or cybersecurity education undergraduate 
degree programs, graduate degree programs, or 
programs conferring a certificate or industry- 
recognized credential. 
(c) REPORT.—Not later than 30 days after receiving 
the findings of the study, the Secretary shall transmit the 
findings, together with any comments thereon by the 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 
(2) to play a key role in the Department’s ef-
forts to research and develop new technologies to se-
cure 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 Secretary after submitting to the Secretary a 
proposal that includes the rationale for why a grant 
or contract issued in accordance with the Federal 
Acquisition Regulation is not feasible or appropriate 
and the amount to be expended for such project. In 
such a case, the authority for evaluating the pro-
posal may not be delegated by the Secretary to any-
one other than the Under Secretary for Manage-
ment.’’; and 
(3) by redesignating subsection (e) as sub-
section (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 
following: 
‘‘(A) The subject areas in which research 
projects were conducted using other transaction 
authority. 
‘‘(B) The extent of cost-sharing for such 
projects 
among 
Federal 
and 
non-Federal 
sources. 
‘‘(C) The extent to which use of other 
transaction authority has addressed a homeland 
security capability gap identified by the Depart-
ment. 
‘‘(D) The total amount of payments, if 
any, that were received by the Federal Govern-
ment as a result of such exercise of other trans-
action authority 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 
Acquisition Regulation were not feasible or ap-
propriate. 
‘‘(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 
transaction authority to help ensure the appropriate use 
of such authority. 
‘‘(g) REVIEW AUTHORITY.—The exercise of other 
transaction authority shall be subject to review by the 
Comptroller General of the United States to ensure that 
an agency is not attempting to avoid the requirements of 
procurement statutes and regulations. 
‘‘(h) OTHER TRANSACTION AUTHORITY DEFINED.— 
In this section the term ‘other transaction authority’ 
means authority under subsection (a).’’. 
SEC. 421. NATIONAL URBAN SECURITY TECHNOLOGY LAB-
ORATORY. 
(a) IN GENERAL.—The National Urban Security 
Technology Laboratory (formerly the Environmental 
Measurements Laboratory) is authorized within the Direc-
torate for fiscal years 2011 and 2012. 
(b) RESPONSIBILITIES.—The Under Secretary shall 
utilize the National Urban Security Technology Labora-
tory to test, evaluate, and analyze homeland security capa-
bilities and serve as a technical authority to first respond-
ers and State and local entities, including by— 
(1) conducting test programs, pilots projects, 
demonstrations, and other forms of evaluations of
homeland security technologies both in the field and 
in the laboratory; 
(2) applying knowledge of operational end-user 
environments and support for operational integration 
to technology development, including— 
(A) training; 
(B) exercises; 
(C) equipment; 
(D) tactics; 
(E) techniques; and 
(F) procedures; 
(3) representing interests and requirements be-
tween technology developers and operational end- 
users; and 
(4) supporting development and use of home-
land security equipment and operational standards. 
SEC. 422. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY ADVISORY COMMITTEE. 
Section 301 of the Homeland Security Act of 2002 
(6 U.S.C. 191) is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) There is established within the Department a 
science and technology advisory committee (in this section 
referred to as the ‘advisory committee’). The advisory
committee shall make recommendations with respect to 
the activities of the under secretary for science and tech-
nology, including— 
‘‘(1) identifying research areas of potential im-
portance to the security of the Nation; and 
‘‘(2) providing advice in developing and updat-
ing the strategic plan required under section 318.’’. 
(2) by striking subsection (j). 
TITLE V—DOMESTIC NUCLEAR 
DETECTION OFFICE 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Do-
mestic 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 Con-
gress that the Directorate should conduct basic and inno-
vative research and nondevelopmental testing on behalf of 
the Domestic Nuclear Detection Office (in this section re-
ferred to as ‘‘DNDO’’), in order to advance next genera-
tion nuclear detection technologies. 
(b) INTERNAL REVIEW OF PROJECT SELECTION AND 
EVALUATION METHODOLOGY.—Not later than 90 days
after the date of enactment of this Act, the Director of 
the DNDO, the Under Secretary, and the heads of all 
operational components of the Department that own, oper-
ate, or maintain nuclear or radiological detection equip-
ment shall begin an internal review of the methodology 
by which research, development, testing, and evaluation is 
identified, prioritized, and funded within the Department. 
(c) CONTENTS OF REVIEW.—In carrying out the 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 sys-
tem for tracking research, development, testing, and 
evaluation requirements; 
(4) describe and implement a mechanism to 
provide regular updates to components of the De-
partment on the progress of such research;
(5) evaluate the degree to which needs of the 
operational components of the Department and 
State and local first responders are being adequately 
addressed by the existing project selection process, 
and if not, how such process can be improved; 
(6) establish a method to collect and evaluate 
Department component feedback; 
(7) utilize departmental matrices and systems 
to determine if technologies produced by the Direc-
torate have enhanced the ability of Department com-
ponents to perform their missions; 
(8) identify appropriate five-year levels of in-
vestment in basic and applied research and develop-
ment, in particular among the Department labora-
tories, federally funded research and development 
centers, university-based centers, Department of En-
ergy national laboratories, and other Federal labora-
tories; 
(9) project balance of use of the entities re-
ferred 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 Direc-
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—
(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
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.
(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.
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-
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—
(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-
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-
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—
(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;
(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).
(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;
(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.—
(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.
(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
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
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.
(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 re-
quired under subsection (g); and 
(3) conduct any public hearing in a manner 
consistent with the protection of sensitive or classi-
fied information provided to or developed for or by 
the Commission as required by any applicable stat-
ute, 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 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 activi-
ties of the Commission under this section—
(1) $4,000,000 for fiscal year 2011; and 
(2) $4,000,000 for fiscal year 2012. 
TITLE VIII—BORDER SECURITY 
TECHNOLOGY INNOVATION 
SEC. 801. ENSURING RESEARCH ACTIVITIES OF THE DE-
PARTMENT OF HOMELAND SECURITY IN-
CLUDE APPROPRIATE CONCEPTS OF OPER-
ATION. 
The Under Secretary shall ensure that any Federal 
Government interagency or intra-agency agreement en-
tered into by the Under Secretary to develop and transi-
tion new technology explicitly characterizes the require-
ments, expected use, and concept of operations for that 
technology, including— 
(1) the manpower needed to effectively operate 
the technology; 
(2) the expected training requirements; and 
(3) the expected operations and maintenance 
costs. 
SEC. 802. REPORT ON BASIC RESEARCH NEEDS FOR BOR-
DER AND MARITIME SECURITY. 
Not later than 6 months after the date of enactment 
of this Act, the Under Secretary shall enter into an ar-
rangement with the National Research Council for a one- 
year assessment of the basic science research needs in the
border and maritime security domain. The assessment 
shall include consideration of— 
(1) detection, tracking, and identification tech-
nologies for cargo and people; 
(2) personal protective equipment; 
(3) document security and authentication tech-
nologies; 
(4) nonradiological advanced screening tech-
nologies at ports of entry; and 
(5) technologies for real time tactical scene 
awareness. 
SEC. 803. INCORPORATING UNMANNED AERIAL VEHICLES 
INTO BORDER AND MARITIME AIRSPACE. 
(a) RESEARCH AND DEVELOPMENT.—The Secretary 
and the Director of the Joint Planning and Development 
Office shall research and develop technologies to permit 
routine operation of unmanned aerial vehicles, including 
autonomously piloted drones, within the national airspace 
for border and maritime security missions without any 
degradation of existing levels of safety for all national air-
space system users. 
(b) PILOT PROJECTS.—The Secretary shall coordi-
nate with the Administrator of the Federal Aviation Ad-
ministration and the Director of the Joint Planning Office 
to enter into pilot projects in sparsely populated, low-den-
sity Class G air traffic airspace to conduct experiments 
and collect data in order to accelerate the safe integration 
of unmanned aircraft systems into the national airspace 
system as part of research activities of the Joint Planning 
and Development Office. 
SEC. 804. ESTABLISHING A RESEARCH PROGRAM IN TUN-
NEL DETECTION. 
(a) RESEARCH
AND DEVELOPMENT.—The Under 
Secretary shall research and develop technologies to per-
mit detection of near surface voids, such as tunnels, with 
an emphasis on technologies with real time capability. 
(b) COORDINATION.—The Secretary shall coordinate 
with other appropriate Federal agencies, including the De-
partment of Defense and the United States Geological 
Survey, and ensure the integration of activities under sub-
section (a) with relevant efforts of such other agencies and 
the Department’s Centers of Excellence Program. 
SEC. 805. RESEARCH IN DOCUMENT SECURITY AND AU-
THENTICATION TECHNOLOGIES. 
(a) ESTABLISHMENT OF PROGRAM.—The Under Sec-
retary, in coordination with the Director of the National 
Institute of Standards and Technology, shall conduct a re-
search and development program on document security, 
validation, and authentication technologies and standards. 
The program may include assessment or development of
imitation-resistant and tamper-resistant documentation, 
imitation-resistant or tamper-resistant devices, document 
validation and authentication technologies, and document 
identification standards. 
(b) COORDINATION.—In carrying out the program in 
subsection (a), the Under Secretary shall coordinate with 
other Federal agencies engaged in similar activities, in-
cluding Immigration and Customs Enforcement, the De-
partment of State, the Department of Defense, the United 
States Coast Guard, and the Department of Justice. 
(c) REPORT
TO CONGRESS.—Not later than 12 
months after the date of enactment of this Act, the Under 
Secretary and the Director of the National Institute of 
Standards and Technology shall provide to the Committee 
on Homeland Security and the Committee on Science and 
Technology of the House of Representatives, and the Com-
mittee on Homeland Security and Government Affairs of 
the Senate, a report detailing the actions taken by the 
Under Secretary and the Director under this section. 
SEC. 806. STUDY ON GLOBAL POSITIONING SYSTEM TECH-
NOLOGIES. 
(a) IN GENERAL.—The Under Secretary shall con-
duct a study of the need for next generation global posi-
tioning system technology as it relates to border security, 
including—
(1) conducting an analysis of the frequency of 
unintended border crossings and the capability of 
global positioning system technologies to address un-
intended border crossings by government personnel; 
(2) undertaking an examination of the potential 
end user requirements for global positioning system 
technologies, including cost limitations, accessibility, 
and reliability; and 
(3) developing recommendations for potential 
near-term and long-term research, development, test-
ing, and evaluation of border security-focused global 
positioning technologies. 
(b) CONSULTATION.—In conducting the study under 
subsection (a), the Under Secretary shall consult with 
U.S. Customs and Border Protection, the National Insti-
tute of Standards and Technology and appropriate Fed-
eral, State, and local law enforcement officials. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Under Secretary shall report 
to Congress the findings of the study conducted under this 
section. 
SEC. 807. STUDY OF MOBILE BIOMETRIC TECHNOLOGIES 
AT THE BORDER. 
(a) IN GENERAL.—The Under Secretary, in coordi-
nation with the Commissioner of United States Customs
(d) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Under Secretary shall trans-
mit to Congress a report on the findings of the research 
program conducted under this section. 
SEC. 808. AUTHORIZATION OF APPROPRIATIONS. 
Of the amount authorized by section 101 of this Act, 
such sums as may be necessary are authorized to be ap-
propriated to carry out this title. 
Passed the House of Representatives July 20, 2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 4842 
AN ACT 
To authorize appropriations for the Directorate of 
Science and Technology of the Department of 
Homeland Security for fiscal years 2011 and 
2012, and for other purposes.