(Sec. 4) Requires the NSF Director to award grants for CNS through: (1) basic research in innovative approaches to the structure of hardware and software; and (2) multidisciplinary research centers of institutions of higher education (IHEs) or consortia thereof which may partner with government laboratories or for-profit institutions.
(Sec. 5) Requires the NSF Director to establish programs of grants to IHEs for: (1) capacity-building of undergraduate and master's degree programs in CNS; (2) graduate traineeships in CNS research; and (3) CNS faculty development traineeship programs to enable graduate students to pursue academic careers in cyber security upon completion of doctoral degrees. Requires the Secretary to provide certain education-related grants under the Scientific and Advanced Technology Act of 1992, but authorizes funds only to support activities to improve education in CNS-related fields. Requires that CNS be included among the fields of specialization supported by NSF's Graduate Research Fellowships program under the National Science Foundation Act of 1950.
(Sec. 7) Amends the National Science Foundation Act of 1950 to require the NSF to take a leading role in supporting research and education activities to improve networked information systems' security.
(Sec. 8) Amends the National Institute of Standards and Technology Act (NISTA) to require the NIST Director, through the Director of the Office for Information Security Programs, to establish a program of assistance to IHEs that enter into partnerships with for-profit entities to support research to improve CNS. Authorizes the NIST Director to establish a program to award post-doctoral research fellowships, including senior fellowships, to individuals seeking research positions at institutions engaged in research activities related to CNS. Provides for periodic program review, as well as a comprehensive review after five program years.
Requires the NIST Director to develop CNS checklists for Federal Government computer hardware or software systems.
(Sec. 9) Amends NISTA to authorize appropriations to enable the Computer System Security and Privacy Advisory Board to: (1) identify emerging issues related to computer security, privacy, and cryptography; (2) convene public meetings, and (3) publish and disseminate information.
(Sec. 10) Requires NIST to carry out specified types of intramural computer security research.
(Sec. 11) Authorizes appropriations to the Secretary of Commerce for NIST for: (1) the CNS research program; and (2) intramural computer security research.
(Sec. 12) Requires the NIST Director to arrange with the National Research Council of the National Academy of Sciences to study and report to specified congressional committees on vulnerabilities of the Nation's network infrastructure and recommendations for improvements.
(Sec. 13) Requires the NSF and NIST Directors to: (1) coordinate the research programs under this Act; and (2) work with the Director of the Office of Science and Technology Policy to ensure that programs under this Act are taken into account in any Government-wide cyber security research effort.
(Sec. 16) Prohibits the award of grants or fellowships under this Act to: (1) individuals who are in violation of their status as nonimmigrants under the Immigration and Nationality Act (INA); (2) individuals who are aliens from a country that is a state sponsor of terrorism, under the Enhanced Border Security and VISA Entry Reform Act (EBSVERA); or (3) institutions that have materially failed to comply with recordkeeping and reporting requirements to receive nonimmigrant students or exchange visitor program participants under INA or the Illegal Immigration Reform and Responsibility Act of 1996, or have been suspended or terminated under EBSVERA.
(Sec. 17) Requires a report to Congress reviewing this Act to ensure that grants and fellowships are being awarded to individuals and institutions in compliance with INA in order to protect our national security.
[107th Congress Public Law 305]
[From the U.S. Government Publishing Office]
<DOC>
[DOCID: f:publ305.107]
[[Page 116 STAT. 2367]]
Public Law 107-305
107th Congress
An Act
To authorize funding for computer and network security research and
development and research fellowship programs, and for other
purposes. <<NOTE: Nov. 27, 2002 - [H.R. 3394]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Cyber Security Research and
Development Act.>> assembled,
SECTION 1. <<NOTE: Communications and tele- communications.>> SHORT
TITLE.
This Act may be cited as the ``Cyber Security Research and
Development Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Revolutionary advancements in computing and
communications technology have interconnected government,
commercial, scientific, and educational infrastructures--
including critical infrastructures for electric power, natural
gas and petroleum production and distribution,
telecommunications, transportation, water supply, banking and
finance, and emergency and government services--in a vast,
interdependent physical and electronic network.
(2) Exponential increases in interconnectivity have
facilitated enhanced communications, economic growth, and the
delivery of services critical to the public welfare, but have
also increased the consequences of temporary or prolonged
failure.
(3) A Department of Defense Joint Task Force concluded after
a 1997 United States information warfare exercise that the
results ``clearly demonstrated our lack of preparation for a
coordinated cyber and physical attack on our critical military
and civilian infrastructure''.
(4) Computer security technology and systems implementation
lack--
(A) sufficient long term research funding;
(B) adequate coordination across Federal and State
government agencies and among government, academia, and
industry; and
(C) sufficient numbers of outstanding researchers in
the field.
(5) Accordingly, Federal investment in computer and network
security research and development must be significantly
increased to--
(A) improve vulnerability assessment and
technological and systems solutions;
[[Page 116 STAT. 2368]]
(B) expand and improve the pool of information
security professionals, including researchers, in the
United States workforce; and
(C) better coordinate information sharing and
collaboration among industry, government, and academic
research projects.
(6) While African-Americans, Hispanics, and Native Americans
constitute 25 percent of the total United States workforce and
30 percent of the college-age population, members of these
minorities comprise less than 7 percent of the United States
computer and information science workforce.
SEC. 3. <<NOTE: 15 USC 7402.>> DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Institution of higher education.--The term ``institution
of higher education'' has the meaning given that term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 4. <<NOTE: 15 USC 7403.>> NATIONAL SCIENCE FOUNDATION RESEARCH.
(a) Computer and Network Security Research Grants.--
(1) In general.--The Director shall award grants for basic
research on innovative approaches to the structure of computer
and network hardware and software that are aimed at enhancing
computer security. Research areas may include--
(A) authentication, cryptography, and other secure
data communications technology;
(B) computer forensics and intrusion detection;
(C) reliability of computer and network
applications, middleware, operating systems, control
systems, and communications infrastructure;
(D) privacy and confidentiality;
(E) network security architecture, including tools
for security administration and analysis;
(F) emerging threats;
(G) vulnerability assessments and techniques for
quantifying risk;
(H) remote access and wireless security; and
(I) enhancement of law enforcement ability to
detect, investigate, and prosecute cyber-crimes,
including those that involve piracy of intellectual
property.
(2) Merit review; competition.--Grants shall be awarded
under this section on a merit-reviewed competitive basis.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $35,000,000 for fiscal year 2003;
(B) $40,000,000 for fiscal year 2004;
(C) $46,000,000 for fiscal year 2005;
(D) $52,000,000 for fiscal year 2006; and
(E) $60,000,000 for fiscal year 2007.
(b) Computer and Network Security Research Centers.--
(1) In general.--The Director shall award multiyear grants,
subject to the availability of appropriations, to institutions
of higher education, nonprofit research institutions, or
[[Page 116 STAT. 2369]]
consortia thereof to establish multidisciplinary Centers for
Computer and Network Security Research. Institutions of higher
education, nonprofit research institutions, or consortia thereof
receiving such grants may partner with 1 or more government
laboratories or for-profit institutions, or other institutions
of higher education or nonprofit research institutions.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed competitive basis.
(3) Purpose.--The purpose of the Centers shall be to
generate innovative approaches to computer and network security
by conducting cutting-edge, multidisciplinary research in
computer and network security, including the research areas
described in subsection (a)(1).
(4) Applications.--An institution of higher education,
nonprofit research institution, or consortia thereof seeking
funding under this subsection shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may require. The application shall
include, at a minimum, a description of--
(A) the research projects that will be undertaken by
the Center and the contributions of each of the
participating entities;
(B) how the Center will promote active collaboration
among scientists and engineers from different
disciplines, such as computer scientists, engineers,
mathematicians, and social science researchers;
(C) how the Center will contribute to increasing the
number and quality of computer and network security
researchers and other professionals, including
individuals from groups historically underrepresented in
these fields; and
(D) how the center will disseminate research results
quickly and widely to improve cyber security in
information technology networks, products, and services.
(5) Criteria.--In evaluating the applications submitted
under paragraph (4), the Director shall consider, at a minimum--
(A) the ability of the applicant to generate
innovative approaches to computer and network security
and effectively carry out the research program;
(B) the experience of the applicant in conducting
research on computer and network security and the
capacity of the applicant to foster new
multidisciplinary collaborations;
(C) the capacity of the applicant to attract and
provide adequate support for a diverse group of
undergraduate and graduate students and postdoctoral
fellows to pursue computer and network security
research; and
(D) the extent to which the applicant will partner
with government laboratories, for-profit entities, other
institutions of higher education, or nonprofit research
institutions, and the role the partners will play in the
research undertaken by the Center.
(6) Annual meeting.--The Director shall convene an annual
meeting of the Centers in order to foster collaboration and
communication between Center participants.
[[Page 116 STAT. 2370]]
(7) Authorization of appropriations.--There are authorized
to be appropriated for the National Science Foundation to carry
out this subsection--
(A) $12,000,000 for fiscal year 2003;
(B) $24,000,000 for fiscal year 2004;
(C) $36,000,000 for fiscal year 2005;
(D) $36,000,000 for fiscal year 2006; and
(E) $36,000,000 for fiscal year 2007.
SEC. 5. <<NOTE: 15 USC 7404.>> NATIONAL SCIENCE FOUNDATION COMPUTER AND
NETWORK SECURITY PROGRAMS.
(a) Computer and Network Security Capacity Building Grants.--
(1) In general.--The Director shall establish a program to
award grants to institutions of higher education (or consortia
thereof) to establish or improve undergraduate and master's
degree programs in computer and network security, to increase
the number of students, including the number of students from
groups historically underrepresented in these fields, who pursue
undergraduate or master's degrees in fields related to computer
and network security, and to provide students with experience in
government or industry related to their computer and network
security studies.
(2) Merit review.--Grants shall be awarded under this
subsection on a merit-reviewed competitive basis.
(3) Use of funds.--Grants awarded under this subsection
shall be used for activities that enhance the ability of an
institution of higher education (or consortium thereof) to
provide high-quality undergraduate and master's degree programs
in computer and network security and to recruit and retain
increased numbers of students to such programs. Activities may
include--
(A) revising curriculum to better prepare
undergraduate and master's degree students for careers
in computer and network security;
(B) establishing degree and certificate programs in
computer and network security;
(C) creating opportunities for undergraduate
students to participate in computer and network security
research projects;
(D) acquiring equipment necessary for student
instruction in computer and network security, including
the installation of testbed networks for student use;
(E) providing opportunities for faculty to work with
local or Federal Government agencies, private industry,
nonprofit research institutions, or other academic
institutions to develop new expertise or to formulate
new research directions in computer and network
security;
(F) establishing collaborations with other academic
institutions or academic departments that seek to
establish, expand, or enhance programs in computer and
network security;
(G) establishing student internships in computer and
network security at government agencies or in private
industry;
(H) establishing collaborations with other academic
institutions to establish or enhance a web-based
collection
[[Page 116 STAT. 2371]]
of computer and network security courseware and
laboratory exercises for sharing with other institutions
of higher education, including community colleges;
(I) establishing or enhancing bridge programs in
computer and network security between community colleges
and universities; and
(J) any other activities the Director determines
will accomplish the goals of this subsection.
(4) Selection process.--
(A) Application.--An institution of higher education
(or a consortium thereof) seeking funding under this
subsection shall submit an application to the Director
at such time, in such manner, and containing such
information as the Director may require. The application
shall include, at a minimum--
(i) a description of the applicant's computer
and network security research and instructional
capacity, and in the case of an application from a
consortium of institutions of higher education, a
description of the role that each member will play
in implementing the proposal;
(ii) a comprehensive plan by which the
institution or consortium will build instructional
capacity in computer and information security;
(iii) a description of relevant collaborations
with government agencies or private industry that
inform the instructional program in computer and
network security;
(iv) a survey of the applicant's historic
student enrollment and placement data in fields
related to computer and network security and a
study of potential enrollment and placement for
students enrolled in the proposed computer and
network security program; and
(v) a plan to evaluate the success of the
proposed computer and network security program,
including post-graduation assessment of graduate
school and job placement and retention rates as
well as the relevance of the instructional program
to graduate study and to the workplace.
(B) Awards.--(i) The Director shall ensure, to the
extent practicable, that grants are awarded under this
subsection in a wide range of geographic areas and
categories of institutions of higher education,
including minority serving institutions.
(ii) The Director shall award grants under this
subsection for a period not to exceed 5 years.
(5) Assessment <<NOTE: Deadline.>> required.--The Director
shall evaluate the program established under this subsection no
later than 6 years after the establishment of the program. At a
minimum, the Director shall evaluate the extent to which the
program achieved its objectives of increasing the quality and
quantity of students, including students from groups
historically underrepresented in computer and network security
related disciplines, pursuing undergraduate or master's degrees
in computer and network security.
[[Page 116 STAT. 2372]]
(6) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $15,000,000 for fiscal year 2003;
(B) $20,000,000 for fiscal year 2004;
(C) $20,000,000 for fiscal year 2005;
(D) $20,000,000 for fiscal year 2006; and
(E) $20,000,000 for fiscal year 2007.
(b) Scientific and Advanced Technology Act of 1992.--
(1) Grants.--The Director shall provide grants under the
Scientific and Advanced Technology Act of 1992 (42 U.S.C. 1862i)
for the purposes of section 3(a) and (b) of that Act, except
that the activities supported pursuant to this subsection shall
be limited to improving education in fields related to computer
and network security.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $1,000,000 for fiscal year 2003;
(B) $1,250,000 for fiscal year 2004;
(C) $1,250,000 for fiscal year 2005;
(D) $1,250,000 for fiscal year 2006; and
(E) $1,250,000 for fiscal year 2007.
(c) Graduate Traineeships in Computer and Network Security
Research.--
(1) In general.--The Director shall establish a program to
award grants to institutions of higher education to establish
traineeship programs for graduate students who pursue computer
and network security research leading to a doctorate degree by
providing funding and other assistance, and by providing
graduate students with research experience in government or
industry related to the students' computer and network security
studies.
(2) Merit review.--Grants shall be provided under this
subsection on a merit-reviewed competitive basis.
(3) Use of funds.--An institution of higher education shall
use grant funds for the purposes of--
(A) providing traineeships to students who are
citizens, nationals, or lawfully admitted permanent
resident aliens of the United States and are pursuing
research in computer or network security leading to a
doctorate degree;
(B) paying tuition and fees for students receiving
traineeships under subparagraph (A);
(C) establishing scientific internship programs for
students receiving traineeships under subparagraph (A)
in computer and network security at for-profit
institutions, nonprofit research institutions, or
government laboratories; and
(D) other costs associated with the administration
of the program.
(4) Traineeship amount.--Traineeships provided under
paragraph (3)(A) shall be in the amount of $25,000 per year, or
the level of the National Science Foundation Graduate Research
Fellowships, whichever is greater, for up to 3 years.
[[Page 116 STAT. 2373]]
(5) Selection process.--An institution of higher education
seeking funding under this subsection shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may require. The
application shall include, at a minimum, a description of--
(A) the instructional program and research
opportunities in computer and network security available
to graduate students at the applicant's institution; and
(B) the internship program to be established,
including the opportunities that will be made available
to students for internships at for-profit institutions,
nonprofit research institutions, and government
laboratories.
(6) Review of applications.--In evaluating the applications
submitted under paragraph (5), the Director shall consider--
(A) the ability of the applicant to effectively
carry out the proposed program;
(B) the quality of the applicant's existing research
and education programs;
(C) the likelihood that the program will recruit
increased numbers of students, including students from
groups historically underrepresented in computer and
network security related disciplines, to pursue and earn
doctorate degrees in computer and network security;
(D) the nature and quality of the internship program
established through collaborations with government
laboratories, nonprofit research institutions, and for-
profit institutions;
(E) the integration of internship opportunities into
graduate students' research; and
(F) the relevance of the proposed program to current
and future computer and network security needs.
(7) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $10,000,000 for fiscal year 2003;
(B) $20,000,000 for fiscal year 2004;
(C) $20,000,000 for fiscal year 2005;
(D) $20,000,000 for fiscal year 2006; and
(E) $20,000,000 for fiscal year 2007.
(d) Graduate Research Fellowships Program Support.--Computer and
network security shall be included among the fields of specialization
supported by the National Science Foundation's Graduate Research
Fellowships program under section 10 of the National Science Foundation
Act of 1950 (42 U.S.C. 1869).
(e) Cyber Security Faculty Development Traineeship Program.--
(1) In general.--The Director shall establish a program to
award grants to institutions of higher education to establish
traineeship programs to enable graduate students to pursue
academic careers in cyber security upon completion of doctoral
degrees.
(2) Merit review; competition.--Grants shall be awarded
under this section on a merit-reviewed competitive basis.
(3) Application.--Each institution of higher education
desiring to receive a grant under this subsection shall submit
[[Page 116 STAT. 2374]]
an application to the Director at such time, in such manner, and
containing such information as the Director shall require.
(4) Use of funds.--Funds received by an institution of
higher education under this paragraph shall--
(A) be made available to individuals on a merit-
reviewed competitive basis and in accordance with the
requirements established in paragraph (7);
(B) be in an amount that is sufficient to cover
annual tuition and fees for doctoral study at an
institution of higher education for the duration of the
graduate traineeship, and shall include, in addition, an
annual living stipend of $25,000; and
(C) be provided to individuals for a duration of no
more than 5 years, the specific duration of each
graduate traineeship to be determined by the institution
of higher education, on a case-by-case basis.
(5) Repayment.--Each graduate traineeship shall--
(A) subject to paragraph (5)(B), be subject to full
repayment upon completion of the doctoral degree
according to a repayment schedule established and
administered by the institution of higher education;
(B) be forgiven at the rate of 20 percent of the
total amount of the graduate traineeship assistance
received under this section for each academic year that
a recipient is employed as a full-time faculty member at
an institution of higher education for a period not to
exceed 5 years; and
(C) be monitored by the institution of higher
education receiving a grant under this subsection to
ensure compliance with this subsection.
(6) Exceptions.--The Director may provide for the partial or
total waiver or suspension of any service obligation or payment
by an individual under this section whenever compliance by the
individual is impossible or would involve extreme hardship to
the individual, or if enforcement of such obligation with
respect to the individual would be unconscionable.
(7) Eligibility.--To be eligible to receive a graduate
traineeship under this section, an individual shall--
(A) be a citizen, national, or lawfully admitted
permanent resident alien of the United States; and
(B) demonstrate a commitment to a career in higher
education.
(8) Consideration.--In making selections for graduate
traineeships under this paragraph, an institution receiving a
grant under this subsection shall consider, to the extent
possible, a diverse pool of applicants whose interests are of an
interdisciplinary nature, encompassing the social scientific as
well as the technical dimensions of cyber security.
(9) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this paragraph $5,000,000 for each of fiscal years 2003
through 2007.
SEC. 6. <<NOTE: 15 USC 7405.>> CONSULTATION.
In carrying out sections 4 and 5, the Director shall consult with
other Federal agencies.
[[Page 116 STAT. 2375]]
SEC. 7. FOSTERING RESEARCH AND EDUCATION IN COMPUTER AND NETWORK
SECURITY.
Section 3(a) of the National Science Foundation Act of 1950 (42
U.S.C. 1862(a)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking ``Congress.'' in paragraph (7) and inserting
``Congress ; and''; and
(3) by adding at the end the following:
``(8) to take a leading role in fostering and supporting
research and education activities to improve the security of
networked information systems.''.
SEC. 8. <<NOTE: 15 USC 7406.>> NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY PROGRAMS.
(a) Research Program.--The National Institute of Standards and
Technology Act (15 U.S.C. 271 et seq.) is amended--
(1) <<NOTE: 15 USC 278h, 278q.>> by moving section 22 to the
end of the Act and redesignating it as section 32; and
(2) by inserting after section 21 the following new section:
``sec. 22. research <<NOTE: 15 usc 278h.>> program on security of
computer systems
``(a) Establishment.--The Director shall establish a program of
assistance to institutions of higher education that enter into
partnerships with for-profit entities to support research to improve the
security of computer systems. The partnerships may also include
government laboratories and nonprofit research institutions. The program
shall--
``(1) include multidisciplinary, long-term research;
``(2) include research directed toward addressing needs
identified through the activities of the Computer System
Security and Privacy Advisory Board under section 20(f); and
``(3) promote the development of a robust research community
working at the leading edge of knowledge in subject areas
relevant to the security of computer systems by providing
support for graduate students, post-doctoral researchers, and
senior researchers.
``(b) Fellowships.--
``(1) Post-doctoral research fellowships.--The Director is
authorized to establish a program to award post-doctoral
research fellowships to individuals who are citizens, nationals,
or lawfully admitted permanent resident aliens of the United
States and are seeking research positions at institutions,
including the Institute, engaged in research activities related
to the security of computer systems, including the research
areas described in section 4(a)(1) of the Cyber Security
Research and Development Act.
``(2) Senior research fellowships.--The Director is
authorized to establish a program to award senior research
fellowships to individuals seeking research positions at
institutions, including the Institute, engaged in research
activities related to the security of computer systems,
including the research areas described in section 4(a)(1) of the
Cyber Security Research and Development Act. Senior research
fellowships shall be made available for established researchers
at institutions of higher education who seek to change research
fields and pursue studies related to the security of computer
systems.
``(3) Eligibility.--
[[Page 116 STAT. 2376]]
``(A) In general.--To be eligible for an award under
this subsection, an individual shall submit an
application to the Director at such time, in such
manner, and containing such information as the Director
may require.
``(B) Stipends.--Under this subsection, the Director
is authorized to provide stipends for post-doctoral
research fellowships at the level of the Institute's
Post Doctoral Research Fellowship Program and senior
research fellowships at levels consistent with support
for a faculty member in a sabbatical position.
``(c) Awards; Applications.--
``(1) In general.--The Director is authorized to award
grants or cooperative agreements to institutions of higher
education to carry out the program established under subsection
(a). No funds made available under this section shall be made
available directly to any for-profit partners.
``(2) Eligibility.--To be eligible for an award under this
section, an institution of higher education shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may require. The
application shall include, at a minimum, a description of--
``(A) the number of graduate students anticipated to
participate in the research project and the level of
support to be provided to each;
``(B) the number of post-doctoral research positions
included under the research project and the level of
support to be provided to each;
``(C) the number of individuals, if any, intending
to change research fields and pursue studies related to
the security of computer systems to be included under
the research project and the level of support to be
provided to each; and
``(D) how the for-profit entities, nonprofit
research institutions, and any other partners will
participate in developing and carrying out the research
and education agenda of the partnership.
``(d) Program Operation.--
``(1) Management.--The program established under subsection
(a) shall be managed by individuals who shall have both
expertise in research related to the security of computer
systems and knowledge of the vulnerabilities of existing
computer systems. The Director shall designate such individuals
as program managers.
``(2) Managers may be employees.--Program managers
designated under paragraph (1) may be new or existing employees
of the Institute or individuals on assignment at the Institute
under the Intergovernmental Personnel Act of 1970, except that
individuals on assignment at the Institute under the
Intergovernmental Personnel Act of 1970 shall not directly
manage such employees.
``(3) Manager responsibility.--Program managers designated
under paragraph (1) shall be responsible for--
``(A) establishing and publicizing the broad
research goals for the program;
``(B) soliciting applications for specific research
projects to address the goals developed under
subparagraph (A);
[[Page 116 STAT. 2377]]
``(C) selecting research projects for support under
the program from among applications submitted to the
Institute, following consideration of--
``(i) the novelty and scientific and technical
merit of the proposed projects;
``(ii) the demonstrated capabilities of the
individual or individuals submitting the
applications to successfully carry out the
proposed research;
``(iii) the impact the proposed projects will
have on increasing the number of computer security
researchers;
``(iv) the nature of the participation by for-
profit entities and the extent to which the
proposed projects address the concerns of
industry; and
``(v) other criteria determined by the
Director, based on information specified for
inclusion in applications under subsection (c);
and
``(D) monitoring the progress of research projects
supported under the program.
``(4) Reports.--The Director shall report to the Senate
Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Science annually on the use and
responsibility of individuals on assignment at the Institute
under the Intergovernmental Personnel Act of 1970 who are
performing duties under subsection (d).
``(e) Review of Program.--
``(1) Periodic review.--The Director shall periodically
review the portfolio of research awards monitored by each
program manager designated in accordance with subsection (d). In
conducting those reviews, the Director shall seek the advice of
the Computer System Security and Privacy Advisory Board,
established under section 21, on the appropriateness of the
research goals and on the quality and utility of research
projects managed by program managers in accordance with
subsection (d).
``(2) Comprehensive 5-year review.--The Director shall also
contract with the National Research Council for a comprehensive
review of the program established under subsection (a) during
the 5th year of the program. Such review shall include an
assessment of the scientific quality of the research conducted,
the relevance of the research results obtained to the goals of
the program established under subsection (d)(3)(A), and the
progress of the program in promoting the development of a
substantial academic research community working at the leading
edge of knowledge in the field. <<NOTE: Reports. Deadline.>> The
Director shall submit to Congress a report on the results of the
review under this paragraph no later than 6 years after the
initiation of the program.
``(f) Definitions.--In this section:
``(1) Computer system.--The term `computer system' has the
meaning given that term in section 20(d)(1).
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).''.
[[Page 116 STAT. 2378]]
(b) Amendment of Computer system Definition.--Section 20(d)(1)(B)(i)
of National Institute of Standards and Technology Act (15 U.S.C. 278g-
3(d)(1)(B)(i)) is amended to read as follows:
``(i) computers and computer networks;''.
(c) Checklists for Government Systems.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall develop, and revise as necessary,
a checklist setting forth settings and option selections that
minimize the security risks associated with each computer
hardware or software system that is, or is likely to become,
widely used within the Federal Government.
(2) Priorities for development; excluded systems.--The
Director of the National Institute of Standards and Technology
may establish priorities for the development of checklists under
this paragraph on the basis of the security risks associated
with the use of the system, the number of agencies that use a
particular system, the usefulness of the checklist to Federal
agencies that are users or potential users of the system, or
such other factors as the Director determines to be appropriate.
The Director of the National Institute of Standards and
Technology may exclude from the application of paragraph (1) any
computer hardware or software system for which the Director of
the National Institute of Standards and Technology determines
that the development of a checklist is inappropriate because of
the infrequency of use of the system, the obsolescence of the
system, or the inutility or impracticability of developing a
checklist for the system.
(3) Dissemination of checklists.--The Director of the
National Institute of Standards and Technology shall make any
checklist developed under this paragraph for any computer
hardware or software system available to each Federal agency
that is a user or potential user of the system.
(4) Agency use requirements.--The development of a checklist
under paragraph (1) for a computer hardware or software system
does not--
(A) require any Federal agency to select the
specific settings or options recommended by the
checklist for the system;
(B) establish conditions or prerequisites for
Federal agency procurement or deployment of any such
system;
(C) represent an endorsement of any such system by
the Director of the National Institute of Standards and
Technology; nor
(D) preclude any Federal agency from procuring or
deploying other computer hardware or software systems
for which no such checklist has been developed.
(d) Federal Agency Information Security Programs.--
(1) In general.--In developing the agencywide information
security program required by section 3534(b) of title 44, United
States Code, an agency that deploys a computer hardware or
software system for which the Director of the National Institute
of Standards and Technology has developed a checklist under
subsection (c) of this section--
(A) shall include in that program an explanation of
how the agency has considered such checklist in
deploying that system; and
[[Page 116 STAT. 2379]]
(B) may treat the explanation as if it were a
portion of the agency's annual performance plan properly
classified under criteria established by an Executive
Order (within the meaning of section 1115(d) of title
31, United States Code).
(2) Limitation.--Paragraph (1) does not apply to any
computer hardware or software system for which the National
Institute of Standards and Technology does not have
responsibility under section 20(a)(3) of the National Institute
of Standards and Technology Act (15 U.S.C.278g-3(a)(3)).
SEC. 9. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION.
Section 20 of the National Institute of Standards and Technology Act
(15 U.S.C. 278g-3) is amended by adding at the end the following new
subsection:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $1,060,000 for fiscal year 2003 and
$1,090,000 for fiscal year 2004 to enable the Computer System Security
and Privacy Advisory Board, established by section 21, to identify
emerging issues, including research needs, related to computer security,
privacy, and cryptography and, as appropriate, to convene public
meetings on those subjects, receive presentations, and publish reports,
digests, and summaries for public distribution on those subjects.''.
SEC. 10. INTRAMURAL SECURITY RESEARCH.
Section 20 of the National Institute of Standards and Technology Act
(15 U.S.C. 278g-3), as amended by this Act, is further amended by
redesignating subsection (e) as subsection (f), and by inserting after
subsection (d) the following:
``(e) Intramural Security Research.--As part of the research
activities conducted in accordance with subsection (b)(4), the Institute
shall--
``(1) conduct a research program to address emerging
technologies associated with assembling a networked computer
system from components while ensuring it maintains desired
security properties;
``(2) carry out research associated with improving the
security of real-time computing and communications systems for
use in process control; and
``(3) carry out multidisciplinary, long-term, high-risk
research on ways to improve the security of computer systems.''.
SEC. 11. <<NOTE: 15 USC 7407.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Commerce
for the National Institute of Standards and Technology--
(1) for activities under section 22 of the National
Institute of Standards and Technology Act, as added by section 8
of this Act--
(A) $25,000,000 for fiscal year 2003;
(B) $40,000,000 for fiscal year 2004;
(C) $55,000,000 for fiscal year 2005;
(D) $70,000,000 for fiscal year 2006;
(E) $85,000,000 for fiscal year 2007; and
(2) for activities under section 20(f) of the National
Institute of Standards and Technology Act, as added by section
10 of this Act--
[[Page 116 STAT. 2380]]
(A) $6,000,000 for fiscal year 2003;
(B) $6,200,000 for fiscal year 2004;
(C) $6,400,000 for fiscal year 2005;
(D) $6,600,000 for fiscal year 2006; and
(E) $6,800,000 for fiscal year 2007.
SEC. 12. <<NOTE: 15 USC 7408.>> NATIONAL ACADEMY OF SCIENCES STUDY ON
COMPUTER AND NETWORK SECURITY IN CRITICAL INFRASTRUCTURES.
(a) Study.--Not <<NOTE: Deadline. Contracts.>> later than 3 months
after the date of the enactment of this Act, the Director of the
National Institute of Standards and Technology shall enter into an
arrangement with the National Research Council of the National Academy
of Sciences to conduct a study of the vulnerabilities of the Nation's
network infrastructure and make recommendations for appropriate
improvements. The National Research Council shall--
(1) review existing studies and associated data on the
architectural, hardware, and software vulnerabilities and
interdependencies in United States critical infrastructure
networks;
(2) identify and assess gaps in technical capability for
robust critical infrastructure network security and make
recommendations for research priorities and resource
requirements; and
(3) review any and all other essential elements of computer
and network security, including security of industrial process
controls, to be determined in the conduct of the study.
(b) Report.--The <<NOTE: Deadline.>> Director of the National
Institute of Standards and Technology shall transmit a report containing
the results of the study and recommendations required by subsection (a)
to the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science not later than 21 months
after the date of enactment of this Act.
(c) Security.--The Director of the National Institute of Standards
and Technology shall ensure that no information that is classified is
included in any publicly released version of the report required by this
section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the National Institute of
Standards and Technology for the purposes of carrying out this section,
$700,000.
SEC. 13. <<NOTE: 15 USC 7409.>> COORDINATION OF FEDERAL CYBER SECURITY
RESEARCH AND DEVELOPMENT
The Director of the National Science Foundation and the Director of
the National Institute of Standards and Technology shall coordinate the
research programs authorized by this Act or pursuant to amendments made
by this Act. The Director of the Office of Science and Technology Policy
shall work with the Director of the National Science Foundation and the
Director of the National Institute of Standards and Technology to ensure
that programs authorized by this Act or pursuant to amendments made by
this Act are taken into account in any government-wide cyber security
research effort.
SEC. 14. OFFICE OF SPACE COMMERCIALIZATION.
Section 8(a) of the Technology Administration Act of 1998 (15 U.S.C.
1511e(a)) is amended by inserting ``the Technology Administration of''
after ``within''.
[[Page 116 STAT. 2381]]
SEC. 15. <<NOTE: 15 USC 7301.>> TECHNICAL CORRECTION OF NATIONAL
CONSTRUCTION SAFETY TEAM ACT.
Section 2(c)(1)(d) of the National Construction Safety Team Act is
amended by striking ``section 8;'' and inserting ``section 7;''.
SEC. 16. <<NOTE: 15 USC 7410.>> GRANT ELIGIBILITY REQUIREMENTS AND
COMPLIANCE WITH IMMIGRATION LAWS.
(a) Immigration Status.--No grant or fellowship may be awarded under
this Act, directly or indirectly, to any individual who is in violation
of the terms of his or her status as a nonimmigrant under section
101(a)(15)(F), (M), or (J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(F), (M), or (J)).
(b) Aliens from Certain Countries.--No grant or fellowship may be
awarded under this Act, directly or indirectly, to any alien from a
country that is a state sponsor of international terrorism, as defined
under section 306(b) of the Enhanced Border Security and VISA Entry
Reform Act (8 U.S.C. 1735(b)), unless the Secretary of State determines,
in consultation with the Attorney General and the heads of other
appropriate agencies, that such alien does not pose a threat to the
safety or national security of the United States.
(c) Non-complying Institutions.--No grant or fellowship may be
awarded under this Act, directly or indirectly, to any institution of
higher education or non-profit institution (or consortia thereof) that
has--
(1) materially failed to comply with the recordkeeping and
reporting requirements to receive nonimmigrant students or
exchange visitor program participants under section
101(a)(15)(F), (M), or (J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)), or section 641 of
the Illegal Immigration Reform and Responsibility Act of 1996 (8
U.S.C. 1372), as required by section 502 of the Enhanced Border
Security and VISA Entry Reform Act (8 U.S.C. 1762); or
(2) been suspended or terminated pursuant to section 502(c)
of the Enhanced Border Security and VISA Entry Reform Act (8
U.S.C 1762(c)).
SEC. 17. <<NOTE: 15 USC 7411.>> REPORT ON GRANT AND FELLOWSHIP PROGRAMS.
Within 24 months after the date of enactment of this Act, the
Director, in consultation with the Assistant to the President for
National Security Affairs, shall submit to Congress a report reviewing
this Act to ensure that the programs and fellowships are being awarded
under this Act to individuals and institutions of higher education who
are in compliance with the Immigration
[[Page 116 STAT. 2382]]
and Nationality Act (8 U.S.C. 1101 et seq.) in order to protect our
national security.
Approved November 27, 2002.
LEGISLATIVE HISTORY--H.R. 3394 (S. 2182):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-355, Pt. 1 (Comm. on Science).
SENATE REPORTS: No. 107-239 accompanyinig S. 2182 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Feb. 7, considered and passed House.
Oct. 16, considered and passed Senate, amended, in lieu of
S. 2182.
Nov. 12, House concurred in Senate amendment.
<all>
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.
Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S10599-10601)
Senate struck all after the Enacting Clause and substituted the language of S. 2182 amended.
Passed/agreed to in Senate: Passed Senate in lieu of S. 2182 with an amendment by Unanimous Consent.
Passed Senate in lieu of S. 2182 with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Mr. Boehlert moved that the House suspend the rules and agree to the Senate amendment.
DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 3394.
Enacted as Public Law 107-305
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Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(consideration: CR H8067-8079; text as House agreed to Senate amendment: CR H8067-8070)
On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (consideration: CR H8067-8079; text as House agreed to Senate amendment: CR H8067-8070)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 107-305.
Became Public Law No: 107-305.