Homeland Security Science and Technology Authorization Act of 2010 - Title I: Authorization of Appropriations - (Sec. 101) Authorizes appropriations to the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) for the Directorate of Science and Technology for FY2011-FY2012.
Title II: Management and Administration - (Sec. 201) Directs the Secretary of DHS (the Secretary) to: (1) establish requirements for how basic and applied homeland security research shall be identified, prioritized, funded, tasked, and evaluated by the Directorate; (2) seek to publicize the requirements for the purpose of informing the federal government, state and local governments, first responders, and the private sector; (3) establish, through the Under Secretary for Science and Technology and the Under Secretary for Management, a mandatory workforce program for the Directorate's customers in DHS to better identify and prioritize homeland security capability gaps that may be addressed by a technological solution; and (4) establish a system to collect feedback from customers of the Directorate on its performance. Requires the Inspector General of DHS to submit a biannual update to the appropriate congressional committees on the status of the implementation of research prioritization, requirements, and activities.
Directs the Secretary to: (1) submit specified information annually, including a national-level risk assessment and a report on Homeland Security Advanced Research Projects Agency activities; (2) report specified information regarding professional development; (3) establish a system to create a formal process for collecting feedback from customers on the effectiveness of the technology or services delivered by the Directorate, develop metrics for measuring customer satisfaction and the usefulness of any technology or service provided by the Directorate, and establish standards and performance measures to be met by the Directorate; and (4) establish a system to monitor the Directorate's progress for research, development, testing, and evaluation activities, including the establishment of initial and subsequent research milestones. Directs the Under Secretary for Science and Technology to report to the appropriate congressional committees, within a year, regarding actions taken and, annually thereafter, describing: (1) research milestones for each large project with a federal cost share greater than $80 million that have been met or missed; and (2) customer feedback and the Directorate's success in meeting customer service performance measures and standards.
(Sec. 202) Establishes within the Directorate a Testing, Evaluation, and Standards Division. Provides for: (1) a Director of Test, Evaluation, and Standards to be the principal advisor to the Secretary, the Under Secretary of Management, and the Under Secretary for Science and Technology on all test and evaluation or standards activities in DHS; (2) a Deputy Director of Operational Test and Evaluation; and (3) a Standards Executive.
(Sec. 203) Requires: (1) the Under Secretary for Science and Technology to develop and oversee the administration of guidelines for periodic external review of research and development projects or activities; and (2) the Secretary to report to Congress on such review.
(Sec. 204) Establishes in the Directorate an Office of Public-Private Partnerships, headed by a Director, who shall report to the Under Secretary for Science and Technology. Requires the Director, in coordination with DHS's Private Sector Office, to: (1) engage and initiate proactive outreach efforts and provide guidance on how to pursue proposals to develop or deploy homeland security technologies; (2) coordinate with components of DHS to issue announcements seeking unique and innovative homeland security technologies to address homeland security capability gaps; (3) promote interaction between homeland security researchers and private sector companies to accelerate transition research or a prototype into a commercial product and streamline the handling of intellectual property; and (4) conduct technology research assessment and marketplace analysis for the purpose of identifying, leveraging, and integrating best-of-breed technologies and capabilities from industry, academia, and other federal government agencies and disseminate findings to federal, state, and local governments.
Establishes within the Office a Rapid Review Division, which shall: (1) be responsible for maintaining a capability to perform business and technical reviews to assist in screening unsolicited homeland security technology proposals submitted to the Secretary; and (2) assess the feasibility, scientific and technical merits, and estimated cost of such proposals. Requires the Division to: (1) maintain awareness of the technological requirements of the Directorate's customers; (2) establish and publicize accessible, streamlined procedures allowing a participant to have its technology assessed by the Division; (3) make knowledgeable assessments of a participant's technology after receiving a business plan, a technology proposal, and a list of corporate officers, directors, and employees with technical knowledge of the proposal, within 60 days of submission; (4) review proposals submitted by components of DHS to the Division; and (5) in reviewing proposals submitted tot he Secretary, give priority to any proposal submitted by a small business concern. Prohibits the Office from considering or evaluating homeland security technology proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement.
Authorizes the Under Secretary for Science and Technology, acting through the Director, to establish up to three satellite offices across the country to enhance DHS's outreach efforts. Directs the Secretary to establish rules to prevent the Director or any other Office employee from acting on matters where a conflict of interest may exist. Authorizes appropriations for the Office for FY2011-FY2012.
Title III: Reports - (Sec. 301) Directs the Under Secretary for Science and Technology to prepare a strategic plan for the activities of the Directorate.
(Sec. 302) Requires the Under Secretary to report within 90 days for each current project conducted by the Directorate having a federal cost share greater than $80 million, and on an ongoing basis thereafter for any new project conducted by the Directorate having a federal cost share greater than $80 million, providing the appropriate committees a description of: (1) DHS components and customers consulted during the development of the operational and technical requirements associated with the project; and (2) the extent to which the requirements incorporate the input of those components or customers.
Directs the Under Secretary to report within 90 days of enactment for each current project conducted by a DHS component besides the Directorate having a lifecycle cost greater than $1 trillion, and on an ongoing basis thereafter for any new project conducted by a DHS component besides the Directorate having a lifecycle cost greater than $1 trillion, providing the appropriate committees detailed operational and technical requirements associated with the project.
(Sec. 303) Directs the Secretary to report on the current role of the venture capital community in funding advanced homeland security technologies and to provide recommendations about creating a nonprofit organization for purposes of delivering advanced homeland security technologies to the homeland security community to further its missions. Encourages the Secretary to use a federally funded research and development center to produce the report. Authorizes appropriations for the report.
Title IV: Directorate of Science and Technology Programs - (Sec. 401) Limits research relevant to DHS to that which directly addresses a prioritized risk to the homeland as identified by a risk analysis.
(Sec. 402) Authorizes appropriations for FY2011-FY2012 to carry out the university based centers program of DHS. Includes within criteria for designation of a college or university as a center for homeland security demonstrated expertise in: (1) medical readiness training and research; (2) community resiliency for public health and healthcare critical infrastructure; and (3) explosive countermeasures or detection.
(Sec. 403) Directs the Comptroller General to initiate a study to assess the university-based Centers for Homeland Security program. Prohibits the Secretary from designating any new university-based centers prior to the completion of the review.
(Sec. 404) Directs the Under Secretary to: (1) support research, development, testing, evaluation, and transition of cybersecurity technology, including fundamental, long-term research to improve the ability of the United States to prevent, protect against, detect, respond to, and recover from acts of terrorism and cyber attacks, with an emphasis on research and development relevant to large-scale, high-impact attacks; and (2) coordinate activities with the Under Secretary for National Protection and Programs, and the heads of other relevant federal agencies.
Amends the Homeland Security Act of 2002 (HSA) to authorize the Secretary to establish a Cybersecurity Preparedness Consortium to: (1) provide training to state and local first responders and officials specifically for preparing and responding to cybersecurity attacks; (2) develop and update a curriculum and training model for state and local first responders and officials; (3) provide technical assistance services to build and sustain capabilities in support of cybersecurity preparedness and response; (4) conduct cybersecurity training and simulation exercises to defend from and respond to cyber attacks; and (5) coordinate all cybersecurity preparedness training activities conducted by DHS.
Authorizes the Secretary to establish a Cybersecurity Training Center to provide training courses and other resources for state and local first responders and officials to improve preparedness and response capabilities. Authorizes appropriations to DHS for FY2011-FY2012 for the cybersecurity research and development activities of the Directorate to prevent, detect, and respond to acts of terrorism and other large-scale disruptions to information infrastructure.
(Sec. 405) Directs the Under Secretary for Science and Technology and the Under Secretary for National Protection and Programs to seek to enter into an agreement with the National Academy of Sciences' National Research Council to conduct a study to assess methods that might be used to promote market mechanisms that further cybersecurity. Authorizes appropriations to DHS for FY2011.
(Sec. 406) Directs the Secretary: (1) working with the heads of other national security and intelligence agencies, to conduct research and determine if the security of federally owned programmable electronic devices and communication networks essential to the reliable operation of critical electric infrastructure has been compromised; and (2) report to Congress.
(Sec. 407) Directs the Under Secretary for Science and Technology to report on the homeland security implications of the dual-use nature of synthetic genomics. Authorizes research in that area.
(Sec. 408) Directs the Under Secretary to: (1) conduct a demonstration project to test and assess the feasibility and effectiveness of certain technologies to enhance the security of underwater public transportation tunnels against terrorist attacks involving the use of improvised explosive devices, including testing of inflatable plugs that may be rapidly deployed to prevent flooding of an underwater public transportation tunnel; and (2) report to Congress.
(Sec. 409) Authorizes the Under Secretary to support research, development, testing, evaluation, and transition of technology: (1) that increases the nation's preparedness against chemical and biological threats and strengthens the nation's preparedness and collective response against those threats through improved threat awareness and advanced surveillance, detection, and protective countermeasures; and (2) to enhance the development of border security technology.
Authorizes the Under Secretary to: (1) conduct research to develop understanding, technologies, and systems needed to protect against biological attacks on the nation's population or infrastructure; (2) conduct research and development to enhance the protection of the nation's agriculture and food system against terrorist attacks and other emergency events through enhancement of current agricultural countermeasures, development of new agricultural countermeasures, and provision of safe, secure, state-of-the-art biocontainment laboratories for researching foreign animal and zoonotic diseases; and (3) develop technology to reduce the nation's vulnerability to chemical warfare agents and commonly used toxic industrial chemicals.
Directs the Under Secretary to produce risk assessments for biological and chemical threats and to coordinate with the Director of the Domestic Nuclear Detection Office, the Assistant Secretary of the Office of Health Affairs, and the Assistant Secretary of Infrastructure Protection on an integrated risk assessment, including regarding chemical, biological, radiological, nuclear, and explosive threats. Requires the assessments to be used to inform and guide the threat assessments and determinations by the Secretary regarding agents and toxins that shall be listed as "select agents" and to guide prioritization of other homeland defense activities. Directs the Under Secretary to convene an interagency task force of relevant subject matter experts to assess the proposed methodology to be used for each assessment and to provide recommendations as to the adequacy of such methodology.
Authorizes the Under Secretary to develop technology, in coordination with the Commissioner of Customs and Border Protection (CBP), to gain effective control of the international land borders of the United States within five years of this Act's enactment, ensuring coordination and integration between new technologies and those already utilized by CBP.
(Sec. 410) Directs the Secretary to establish capabilities for conducting global marine domain awareness and maritime security technology, test, evaluation, and transition, to: (1) direct activities in furtherance of border and maritime security; and (2) evaluate such technology in diverse environments.
(Sec. 411) Directs the Secretary: (1) to require the Under Secretary to assess whether the development of screening capabilities for pandemic influenza and other infectious diseases should be undertaken by the Directorate to support entry and exit screening at ports of entry; and (2) if the Under Secretary determines that development should be undertaken, to initiate development of safe and effective screening methods.
(Sec. 412) Directs the Secretary to develop: (1) a public awareness campaign to enhance preparedness and collective response to a radiological attack; and (2) a plan for post-event recovery from such an attack.
(Sec. 413) Directs the Under Secretary to conduct research intended to assist state, local, and tribal leaders and the private sector in developing the tools and methods to enhance preparation for, and response and resilience to, terrorist events and other incidents.
(Sec. 414) Expresses 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 improving homeland security forensic and analytical capability; (2) there should be interoperability standards for such technology; (3) the Directorate should encourage the private sector to develop such standards; and (4) such efforts will help the federal government in detecting, deterring, preventing, and responding to terrorist attacks.
(Sec. 415) Amends HSA to direct the Secretary, acting through the Under Secretary, to establish a Homeland Security Science and Technology Fellows Program, under which the Under Secretary shall facilitate the temporary placement of scientists in relevant scientific or technological fields for up to two years in components of DHS with a need for scientific and technological expertise.
(Sec. 416) Authorizes the Under Secretary to implement an assay equivalency program for biological threat assays.
(Sec. 417) Directs the Secretary: (1) in coordination with the National Science Foundation (NSF), to commission a study by a nonprofit research institution to determine the feasibility and potential benefit of expanding the Federal Cyber Service Scholarship for Service Program or establishing a parallel program as methods to create a new cybersecurity or information 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; and (2) report to Congress.
(Sec. 418) Expresses the sense of Congress that centers of excellence have the potential to: (1) be a very useful tool in developing defensive countermeasures to secure critical infrastructure and prevent terrorism; and (2) play a key role in DHS's efforts to research and develop new technologies to secure the homeland.
(Sec. 419) Authorizes the Under Secretary to: (1) assess what technologies are available to mitigate the threat of small vessel attack in secure zones of ports; and (2) conduct research, testing, and evaluation of new technologies that might be capable of tracking small vessels.
(Sec. 420) Extends through September 30, 2012 the Secretary's authority to make expenditures to carry out basic, applied, and advanced research and development projects through nonstandard acquisitions procedures, as opposed to procedures under the Federal Acquisition Regulation (other transaction authority). Requires an annual report to Congress regarding the exercise of other transaction authority. Directs the Secretary to develop a training program for acquisitions staff to ensure the appropriate use of other transaction authority.
(Sec. 421) Authorizes the National Urban Security Technology Laboratory (formerly the Environmental Measurements Laboratory) within the Directorate for FY2011-FY2012.
(Sec. 422) Amends HSA to establish a science and technology advisory committee within DHS to make recommendations regarding activities of the Under Secretary.
Title V: Domestic Nuclear Detection Office - (Sec. 501) Authorizes appropriations for the Domestic Nuclear Detection Office of DHS for FY2011-FY2012.
(Sec. 502) Expresses the sense of Congress that the Directorate should conduct basic and innovative research and nondevelopmental testing on behalf of the Office to advance next generation nuclear detection technologies. Requires the Director of the Office, the Under Secretary for Science and Technology, and the heads of all operational components of DHS that own, operate, or maintain nuclear or radiological detection equipment to: (1) begin an internal review of the methodology by which research, development, testing, and evaluation is identified, prioritized, and funded within DHS; and (2) report to Congress. Directs the DHS Inspector General to submit annual updates on the status of this section's implementation and activities in support of such implementation.
(Sec. 503) Directs the Secretary to submit to the appropriate committees a report containing: (1) a strategic plan for the global nuclear detection architecture to deter and detect the transport of nuclear or radioactive materials by all means possible, with specific focus on establishing the goals, objectives, and cost projections for the next five years; and (2) an analysis of overall budget allocations that determines whether government-wide nuclear detection resources clearly align with identified priorities to maximize results and minimize duplication of efforts.
(Sec. 504) Expresses the sense of Congress that the Director must attempt to identify viable alternatives to the use of advanced spectroscopic portal monitors for primary screening and report to Congress.
(Sec. 505) Authorizes appropriations to the Director for the Securing the Cities Initiative for FY2011-FY2012.
Title VI: Clarifying Amendments - (Sec. 601) Authorizes a federally funded research development center to perform independent analysis of homeland security issues and reports its findings to the appropriate committees and the Secretary, at the request of the chairman and ranking minority member of an appropriate congressional committee. Encourages such centers, upon such a request, to provide to the committee a copy of any report it produces for DHS or any of its components.
Directs: (1) the Secretary to review and revise DHS policies relating to personnel conflicts of interest to ensure that such policies specifically address employees of federally funded research and development centers who are in a position to make or materially influence research findings or agency decisionmaking; and (2) each such center to transmit to the Secretary and appropriate congressional committees an annual report on the center's activities.
(Sec. 602) Repeals provisions regarding the establishment of a Homeland Security Institute.
(Sec. 603) Directs the Comptroller of the United States to: (1) conduct a study to assess the implementation of the statutory relationship between DHS and the Department of Energy (DOE) national laboratories, as established under HSA; and (2) submit recommendations to the appropriate committees for improvements to that relationship.
(Sec. 604) Amends HSA to repeal a provision that includes within the mission of the Domestic Nuclear Detection Office to conduct a transformational research and development program to generate and improve technologies to detect and prevent the illicit entry or potential use within the United States of a nuclear explosive device or fissile or radiological material and to coordinate with the Under Secretary for Science and Technology on research and development efforts relevant to the mission of both organizations.
Title VII: Commission on the Protection of Critical Electric and Electronic Infrastructures - (Sec. 701) Establishes the Commission on the Protection of Critical Electric and Electronic Infrastructures to: (1) assess vulnerabilities of electric and electronic infrastructures; (2) provide a clear and comprehensive strategy and specific recommendations for protecting such infrastructures; and (3) test, evaluate, and report on specific mitigation protection and recovery devices or methods. Directs the Commission to give particular attention to threats that can disrupt or damage critical electric and electronic infrastructures.
Requires the Commission to address: (1) the quantification of specified threats (i.e., cyber attacks or unintentional cyber disruption, electromagnetic phenomena such as geomagnetically induced currents, intentional electromagnetic interference, and electromagnetic pulses caused by nuclear weapons, and other physical attacks, acts of nature, or accidents) to the U.S. electric and electronic infrastructure; (2) the roles, missions, and structure of all relevant federal, state, and local government agencies with responsibilities for ensuring protection and reliability for electric and electronic infrastructures; (3) the roles, missions, and structure of all relevant private sector entities with responsibilities for ensuring protection and reliability for such infrastructures; (4) interagency coordination between and among those government and private sector entities; and (5) recommendations for protections and recovery devices and measures.
Requires the Commission to report annually to the President and Congress on its findings, conclusions, and recommendations for protection and recovery measures for electric and electronic infrastructures as agreed to by a majority of Commission members. Authorizes appropriations for Commission activities for FY2011-FY2012.
Title VIII: Border Security Technology Innovation - (Sec. 801) Directs the Under Secretary for Science and Technology to ensure that any federal interagency or intra-agency agreement entered into by the Under Secretary to develop and transition new technology explicitly characterizes the requirements, expected use, and concept of operations for that technology.
(Sec. 802) Directs the Under Secretary to enter into an arrangement with the National Research Council for a one-year assessment of the basic science research needs in the border and maritime security domain.
(Sec. 803) Requires the Secretary and the Director of the Joint Planning and Development Office to 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 airspace system users.
Directs the Secretary to coordinate with the Administrator of the Federal Aviation Administration (FAA) and the Director of the Joint Planning Office to enter into pilot projects in sparsely populated, low-density 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) Directs: (1) the Under Secretary to research and develop technologies to permit detection of near surface voids, such as tunnels, with an emphasis on technologies with real time capability; and (2) the Secretary to coordinate with other appropriate federal agencies and ensure the integration of such activities with relevant efforts of such other agencies and DHS's Centers of Excellence Program.
(Sec. 805) Requires the Under Secretary: (1) in coordination with the Director of the National Institute of Standards and Technology (NIST), to conduct a research and development program on document security, validation, and authentication technologies and standards; and (2) in carrying out the program, to coordinate with other federal agencies engaged in similar activities. Directs the Under Secretary and the Director of NIST to report to specified committees detailing their actions under this section.
(Sec. 806) Directs the Under Secretary to study and report to Congress on the need for next generation global position system technology as it relates to border security.
(Sec. 807) Requires: (1) the Under Secretary, in coordination with the Commissioner of CBP, to establish a research program on the use of mobile biometric technology at the nation's borders between the ports of entry and report to Congress; and (2) the Secretary to ensure that the research program is coordinated with other biometric identification programs within DHS.
(Sec. 808) Authorizes appropriations.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4842 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4842
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2010
Ms. Clarke (for herself, Mr. Thompson of Mississippi, and Mr. Daniel E.
Lungren of California) introduced the following bill; which was
referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To authorize appropriations for the Directorate of Science and
Technology of the Department of Homeland Security for fiscal years 2011
and 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Science and
Technology Authorization Act of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. References.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations.
TITLE II--MANAGEMENT AND ADMINISTRATION
Sec. 201. Management directive; professional development; milestones
and feedback.
Sec. 202. Office of Testing, Evaluation, and Standards.
Sec. 203. Peer review.
Sec. 204. Office of Public-Private Partnerships.
TITLE III--REPORTS
Sec. 301. Directorate of Science and Technology strategic plan.
Sec. 302. Report on technology requirements.
Sec. 303. Report on venture capital organization.
TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS
Sec. 401. Limitations on research.
Sec. 402. University-based centers.
Sec. 403. Review of university-based centers.
Sec. 404. Cybersecurity research and development.
Sec. 405. National Research Council study of cybersecurity incentives.
Sec. 406. Research on cyber compromise of infrastructure.
Sec. 407. Dual-use terrorist risks from synthetic genomics.
Sec. 408. Underwater tunnel security demonstration project.
Sec. 409. Chemical and biological threats research and development.
Sec. 410. Maritime domain awareness and maritime security technology
test, evaluation, and transition
capabilities.
Sec. 411. Rapid biological threat detection and identification.
Sec. 412. Educating the public about radiological threats.
Sec. 413. Rural resilience initiative.
Sec. 414. Sense of Congress regarding the need for interoperability
standards for Internet protocol video
survellance technology.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 501. Authorization of appropriations.
Sec. 502. Domestic Nuclear Detection Office oversight.
Sec. 503. Strategic plan and funding allocations for global
architecture.
Sec. 504. Radiation portal monitor alternatives.
Sec. 505. Authorization of Securing the Cities Initiative.
TITLE VI--CLARIFYING AMENDMENTS
Sec. 601. Federally funded research and development centers.
Sec. 602. Elimination of Homeland Security Institute.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means the Committee on
Homeland Security of the House of Representatives and any
committee of the House of Representatives or the Senate having
legislative jurisdiction under the rules of the House of
Representatives or Senate, respectively, over the matter
concerned.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Directorate.--The term ``Directorate'' means the
Directorate of Science and Technology of the Department.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Science and Technology of the
Department.
SEC. 4. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Under Secretary
$1,121,664,000 for fiscal year 2011 and $1,155,313,920 for fiscal year
2012 for the necessary expenses of the Directorate.
TITLE II--MANAGEMENT AND ADMINISTRATION
SEC. 201. MANAGEMENT DIRECTIVE; PROFESSIONAL DEVELOPMENT; MILESTONES
AND FEEDBACK.
(a) In General.--Subtitle D of title II (6 U.S.C. 161 et seq.) is
amended--
(1) in the subtitle heading, by striking ``Office of'';
(2) in the heading for section 231, by inserting ``of
Science and Technology'' after ``Office''; and
(3) by adding at the end the following new sections:
``SEC. 236. MANAGEMENT DIRECTIVE.
``(a) Requirement.--The Secretary shall--
``(1) by not later than 180 days after the date of
enactment of this section, issue a management directive
detailing how basic and applied homeland security research
shall be identified, prioritized, funded, tasked, and evaluated
by the Directorate of Science and Technology, including the
roles and responsibilities of the Under Secretary for Science
and Technology, the Under Secretary for Policy, the Under
Secretary for Management, the Director of the Office of Risk
Management and Analysis, and the heads of operational
components of the Department; and
``(2) to the greatest extent possible, the Secretary shall
seek to publicize the directive for the purpose of informing
the Federal, State, and local governments, first responders,
and the private sector.
``(b) Contents of Management Directive.--The management directive
shall--
``(1) identify the Directorate's customers within and
outside of the Department;
``(2) describe the risk formula and risk assessment tools
that the Department considers to identify, prioritize, and fund
homeland security research projects;
``(3) describe the methodology to be used by the
Directorate to task projects to research entities, including
the national laboratories, federally funded research and
development centers, and university-based centers;
``(4) require the Directorate to develop protocols to
assess off-the-shelf technology to determine if an identified
homeland security capability gap can be addressed through the
acquisition process instead of commencing research and
development of technology to address that capability gap;
``(5) require the Directorate to strengthen first responder
participation in identifying and prioritizing homeland security
technological gaps by--
``(A) soliciting feedback from national
associations and advisory groups representing the first
responder community and first responders within the
components of the Department;
``(B) establishing and promoting a publicly
accessible portal to allow the first responder
community to help the Directorate develop homeland
security research and development goals; and
``(C) establishing a mechanism to publicize the
Department's funded and unfunded homeland security
technology priorities; and
``(6) include such other requirements, policies, and
practices as the Secretary considers necessary.
``(c) Activities in Support of the Management Directive.--Not later
than 180 days after the date of the issuance of the management
directive, the Secretary shall--
``(1) establish a mandatory workforce program for the
Directorate's customers in the Department to better identify
and prioritize homeland security capability gaps that may be
addressed by a technological solution based on the assessment
required under section 237(a)(2);
``(2) establish a system to collect feedback from customers
of the Directorate on the performance of the Directorate, that
includes metrics for measuring customer satisfaction and the
usefulness of any technology or service provided by the
Directorate; and
``(3) any other activities that the Secretary considers to
be necessary to implement the management directive.
``(d) Quarterly Updates on Implementation.--One hundred and twenty
days after the date of enactment of this section, and on a quarterly
basis thereafter, the Inspector General of the Department shall submit
a quarterly update to the appropriate congressional committees on the
status of implementation of the management directive and activities in
support of the directive.
``(e) Risk Analysis.--In carrying out subsection (b)(2), the
Secretary shall--
``(1) submit to the appropriate congressional committees by
not later than 90 days after the date of enactment of this
subsection and annually--
``(A) a prioritized risk analysis describing the
greatest risks to the homeland, that includes
vulnerability studies, asset values (including asset
values for intangible assets), estimated rates of
occurrence, countermeasures employed, loss expectancy,
cost/benefit analyses, and other practices generally
associated with producing a comprehensive risk
analysis;
``(B) an analysis of the Directorate's approach to
mitigating the homeland security risks identified under
subparagraph (A) through basic and applied research,
development, demonstration, testing, and evaluation
activities;
``(C) an analysis, based on statistics and metrics,
of the effectiveness of the Directorate in reducing the
homeland security risks identified under subparagraph
(A) through the deployment of homeland security
technologies researched or developed by the
Directorate;
``(D) recommendations for how the Directorate
should modify or amend its research and development
activities in order to reduce the risks to the homeland
identified under subparagraph (A);
``(E) a description of how the assessments required
under subparagraph (A) shall be used to inform, guide,
and prioritize the Department's homeland security
research and development activities; and
``(F) a description of input from other relevant
Federal, State, or local agencies and relevant private
sector entities in conducting the risk assessment
required by subparagraph (A); and
``(2) conduct research and development on ways to most
effectively communicate information regarding the risks
associated with the various threats identified in paragraph (1)
to the media as well as directly to the public, both on an
ongoing basis and during a terrorist attack or other incident.
``(f) Report on HSARPA Activities.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection and annually thereafter, the
Secretary shall submit a report to the appropriate
congressional committees containing the research, development,
testing, evaluation, prototyping, and deployment activities
undertaken by the Homeland Security Advanced Research Projects
Agency during the previous fiscal year, including funds
expended for such activities in the previous fiscal year.
``(2) Contents.--For each activity undertaken, the report
shall--
``(A) describe the corresponding risk analysis
performed by the Department that supports the decision
to undertake in that activity; and
``(B) describe the efforts made to transition that
activity into a Federal, State, or local acquisition
program.
``(3) Additional activities.--The Secretary shall include
in each report a description of each proposal that was reviewed
in the period covered by the report by the Director of the
Homeland Security Advanced Research Projects Agency under
section 313(d)(3), including a statement of whether the
proposal received a grant, cooperative agreement, or contract
from the Director.
``SEC. 237. PROFESSIONAL DEVELOPMENT.
``(a) Reporting Requirement.--Sixty days before establishing the
mandatory workforce program as required by section 236(c)(1), the
Secretary shall submit a report to the appropriate congressional
committees that includes the following:
``(1) A description of how homeland security technological
requirements are developed by the Directorate of Science and
Technology's customers within the Department.
``(2) An assessment of whether Department employees receive
adequate and appropriate job training to allow them to
identify, express, and prioritize homeland security capability
gaps.
``(3) A plan for how the Directorate, in coordination with
the Domestic Nuclear Detection Office and other Department
components, can enhance and improve the technology requirements
development and the technology acquisition process, to
accelerate the delivery of effective, suitable technologies
that meet performance requirements and appropriately address an
identified homeland security capability gap.
``(4) An assessment of whether Congress should authorize,
in addition to the program required under section 236(c)(1), a
training program for Department employees to be trained in
requirements writing and acquisition, that--
``(A) is prepared in consultation with the
Department of Veteran's Affairs Acquisition Academy,
the Defense Acquisition University, the Inspector
General of the Department, and the Government
Accountability Office; and
``(B) if the Secretary determines that such
additional training should be authorized by Congress,
includes specification about--
``(i) the type, skill set, and job series
of Department employees who would benefit from
such training, including an estimate of the
number of such employees;
``(ii) a suggested curriculum for the
training;
``(iii) the type and skill set of educators
who could most effectively teach these skills;
``(iv) the length and duration of the
training;
``(v) the advantages and disadvantages of
training employees in a live classroom, or
virtual classroom, or both;
``(vi) cost estimates for the training; and
``(vii) the role of the Directorate in
supporting the training.
``(b) Use of Research and Development Center.--The Secretary is
encouraged to use a federally funded research and development center to
assist the Secretary in carrying out the requirements of this section.
``SEC. 238. TRACKING SYSTEMS, RESEARCH MILESTONES, AND CUSTOMER
FEEDBACK.
``(a) In General.--In establishing a system to collect feedback
under section 236(c)(2), the Secretary shall--
``(1) establish a system to monitor and account for
homeland security research milestones; and
``(2) create a formal process for collecting feedback from
customers on the effectiveness of the technology or services
delivered by Directorate.
``(b) System.--The system established under subsection (a)(1) shall
identify and account for research milestones to monitor the progress of
Directorate of Science and Technology research, development, testing,
and evaluation activities, and collect information from the
Directorate's customers about their level of satisfaction with the
performance of the Directorate, including by--
``(1) allowing the Directorate to provide regular reports
to its customers regarding the status and progress of research
efforts of the Directorate;
``(2) collecting and evaluating customer feedback;
``(3) allowing the Secretary to evaluate how a technology
or service produced as a result of the Directorate's programs
have affected homeland security capability gaps; and
``(4) allowing the Secretary to report the number of
products and services developed by the Directorate that have
been transitioned into acquisition programs.
``(c) Management Directive.--The Under Secretary of Science and
Technology shall issue a management directive creating, publicizing,
and implementing guidance for homeland security researchers funded by
the Directorate on setting valid initial and subsequent research
milestones. The directive may include penalties for research milestones
missed, disincentives for continuing projects that are unlikely to meet
objectives, and financial and professional incentives and awards for
the timely completion of successful projects within budget.
``(d) Report.--The Under Secretary shall submit a report to the
appropriate congressional committees--
``(1) by not later than one year after the date of
enactment of this Act identifying what actions have been taken
to carry out the requirements of this section; and
``(2) annually thereafter describing--
``(A) research milestones in the conduct of
research and development by the Directorate that have
been met and missed, including a description of any
incentives, awards, disincentives, or penalties
implemented as a result of those met and missed
milestones; and
``(B) customer feedback collected, including an
evaluation of the effectiveness of the technology or
services delivered by the Directorate.''.
(b) Clerical Amendments.--The table of contents in section 1(b) is
amended in the items relating to subtitle D of title II--
(1) in the item relating to the heading for the subtitle,
by striking ``Office of'';
(2) in the item relating to section 231, by inserting ``of
Science and Technology'' after ``Office''; and
(3) by adding at the end the following new items:
``Sec. 236. Management directive.
``Sec. 237. Professional development.
``Sec. 238. Tracking systems, research milestones, and customer
feedback.''.
SEC. 202. OFFICE OF TESTING, EVALUATION, AND STANDARDS.
Section 308 (6 U.S.C. 188) is amended by adding at the end the
following new subsection:
``(d) Office of Testing, Evaluation, and Standards.--
``(1) Establishment.--There is established within the
Directorate of Science and Technology an Office of Testing,
Evaluation, and Standards, which shall be headed by a Director.
``(2) Purpose.--The purpose of the Office is to assist the
components of the Department and other customers in developing
plans, processes, and procedures for conducting operational
testing and performance testing to verify attainment of
technical performance specifications and operational
effectiveness and suitability.
``(3) Limitations.--The Office is not required to carry out
its own operational testing.
``(4) Responsibilities.--The Director of the Office shall
be responsible for the following activities at the Department:
``(A) Testing and evaluation policies.--
``(i) Establishing policies and programs to
support the development, coordination, and
operational management of testing and
evaluation standards for the Department.
``(ii) Establishing policy, on behalf of
the Secretary, under which operation and
evaluation testing are reviewed and approved by
the Secretary.
``(iii) Integrating, coordinating, and
leveraging public and private sector testing
and evaluation infrastructure to meet the
Department's current and future technology
development needs.
``(iv) Advise the Secretary as to whether
the plans, processes, and procedures proposed
for testing and evaluation that components of
the Department intend to utilize should be
approved.
``(B) Standards development.--
``(i) Developing and coordinating the
adoption of national standards and appropriate
evaluation methods for technology to address
homeland security capability gaps.
``(ii) Developing and implementing an
overarching strategy for the qualification and
certification of homeland security technologies
and accreditation of facilities and programs of
the Department.
``(iii) Encouraging investments and
competition in homeland security technologies
by fostering standardization of performance
metrics and quality measures for first
responder technologies.
``(iv) Providing guidance, recommendations,
and technical assistance, as appropriate, to
assist Federal, State, and local government and
private sector efforts to evaluate and
implement the use of homeland security
technologies.''.
SEC. 203. PEER REVIEW.
(a) Responsibilities and Authorities of the Under Secretary.--
Section 302 (6 U.S.C. 183) is amended by striking ``and'' after the
semicolon at the end of paragraph (1), by striking the period at the
end of paragraph (14) and inserting ``; and'', and by adding at the end
the following new paragraph:
``(15) developing and overseeing the administration of
guidelines for peer review of research and development
projects, including by--
``(A) consulting with experts, including scientists
and practitioners, about the research and development
conducted by the Directorate of Science and Technology;
and
``(B) performing ongoing independent, external,
scientific peer review--
``(i) initially at the division level; or
``(ii) when divisions conduct multiple
programs focused on significantly different
subjects, at the program level.''.
(b) Report.--The Secretary shall submit a report to Congress not
later than 60 days after the completion of the first review under
section 302(15)(B) of the Homeland Security Act of 2002, as amended by
subsection (a) of this section, that--
(1) summarizes the findings of the review; and
(2) describes future efforts to ensure that the
Department's research projects are peer reviewed, where
appropriate.
SEC. 204. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.
(a) Establishment.--Section 313 (6 U.S.C. 193) is amended to read
as follows:
``SEC. 313. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS.
``(a) Establishment of Office.--There is established an Office of
Public-Private Partnerships in the Directorate of Science and
Technology.
``(b) Director.--The Office shall be headed by a Director, who
shall be appointed by the Secretary. The Director shall report to the
Under Secretary.
``(c) Responsibilities.--The Director shall have the authority to--
``(1) provide guidance on how to pursue proposals to
develop or deploy homeland security technologies (including
regarding Federal funding, regulation, or acquisition),
including to persons associated with small businesses (as that
term is defined in the Small Business Act (15 U.S.C. 631 et
seq.));
``(2) coordinate with components of the Department to issue
announcements seeking unique and innovative homeland security
technologies to address homeland security capability gaps;
``(3) promote interaction between homeland security
researchers and private sector companies in order to accelerate
transition research or a prototype into a commercial product
and streamline the handling of intellectual property; and
``(4) conduct technology research assessment and
marketplace analysis for the purpose of identifying,
leveraging, and integrating best-of-breed technologies and
capabilities from industry, academia, and other Federal
Government agencies, and disseminate research and findings to
Federal, State, and local governments.
``(d) Rapid Review Division.--
``(1) Establishment.--There is established the Rapid Review
Division within the Office of Public-Private Partnerships.
``(2) Purpose and duties.--
``(A) In general.--The Division--
``(i) is responsible for maintaining a
capability to perform business and technical
reviews to assist in screening unsolicited
homeland security technology proposals
submitted to the Secretary; and
``(ii) shall assess the feasibility,
scientific and technical merits, and estimated
cost of such proposals.
``(B) Specific duties.--In carrying out these
duties, the Division shall--
``(i) maintain awareness of the
technological requirements of the Directorate's
customers;
``(ii) establish and publicize accessible,
streamlined procedures allowing a participant
to have their technology assessed by the
Division;
``(iii) make knowledgeable assessments of a
participant's technology after receiving a
business plan, a technology proposal, and a
list of corporate officers, directors, and
employees with technical knowledge of the
proposal, within 60 days after such a
submission; and
``(iv) review proposals submitted by
components of the Department to the Division,
subject to subsection (e).
``(3) Coordination.--The Director shall refer promising
homeland security technology research, development, testing,
and evaluation proposals, along with any business and technical
reviews, to the Director of the Homeland Security Advanced
Research Projects Agency and appropriate Department components
for consideration for support.
``(e) Limitation on Consideration or Evaluation of Proposals.--The
Office may not consider or evaluate homeland security technology
proposals submitted in response to a solicitation for offers for a
pending procurement or for a specific agency requirement.
``(f) Satellite Offices.--The Under Secretary, acting through the
Director, may establish up to 3 satellite offices across the country to
enhance the Department's outreach efforts. The Secretary shall notify
the appropriate congressional committees in writing within 30 days
after establishing any satellite office.
``(g) Personnel.--
``(1) Use of existing authority.--The Secretary may use the
hiring and management authorities described in section
307(b)(6) to hire personnel for the Office.
``(2) Conflicts of interest.--The Secretary shall establish
rules to prevent the Director or any other employee of the
Office from acting on matters where a conflict of interest may
exist.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by striking the item relating to such section and inserting the
following:
``Sec. 313. Office of Public-Private Partnerships.''.
(c) Authorization of Appropriations.--Of the amount authorized by
section 101, there is authorized to be appropriated $30,000,000 for the
Office of Public-Private Partnerships for each of fiscal years 2011 and
2012.
TITLE III--REPORTS
SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY STRATEGIC PLAN.
(a) In General.--Title III (6 U.S.C. 181 et seq.) is amended by
adding at the end the following new section:
``SEC. 318. STRATEGIC PLAN.
``(a) Requirement for Strategic Plan.--Not later than 1 year after
the date of enactment of this section and every other year thereafter,
the Under Secretary shall prepare a strategic plan for the activities
of the Directorate.
``(b) Contents.--The strategic plan required by subsection (a)
shall be prepared in accordance with Office of Management and Budget
Circular A-11, and shall include the following matters:
``(1) The long-term strategic goals of the Directorate.
``(2) Identification of the research programs of the
Directorate that support achievement of those strategic goals.
``(3) The connection of the activities and programs of the
Directorate to requirements or homeland security capability
gaps identified by customers within the Department and outside
of the Department, including the first responder community.
``(4) The role of the Department's risk analysis in the
activities and programs of the Directorate.
``(5) A technology transition strategy for the programs of
the Directorate.
``(6) A description of the policies of the Directorate on
the management, organization, and personnel of the Directorate.
``(c) Submission of Plan to Congress.--The Secretary shall submit
to Congress the strategic plan most recently prepared under subsection
(a) at the same time that the President submits to Congress the budget
for each even-numbered fiscal year.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by adding at the end of the items relating to title III the
following new item:
``Sec. 318. Strategic plan.''.
SEC. 302. REPORT ON TECHNOLOGY REQUIREMENTS.
Section 302 (6 U.S.C. 182) is amended by inserting ``(a) In
General.--'' before the first sentence, and by adding at the end the
following new subsection:
``(b) Report on Technology Requirements.--
``(1) In general.--Within 90 days after the date of
enactment of this subsection, and biannually thereafter, the
Under Secretary shall, for each project conducted or funded by
the Directorate, provide to the appropriate congressional
committees a list of detailed operational and technical
requirements that are associated with the project.
``(2) Large projects.--Within 90 days after the date of
enactment of this subsection, and biannually thereafter, the
Secretary shall, for each project conducted or funded by a
component of the Department, other than the Directorate of
Science and Technology, having a Federal cost share greater
than $1,000,000, provide to the appropriate congressional
committees detailed operational and technical requirements that
are associated with the project.''.
SEC. 303. REPORT ON VENTURE CAPITAL ORGANIZATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees assessing the current role of the venture
capital community in funding advanced homeland security technologies,
and providing recommendations to the appropriate congressional
activities about creating a nonprofit organization for the purposes of
delivering advanced homeland security technologies to the homeland
security community to further their missions.
(b) Contents.--The report shall include the following:
(1) An assessment of the current awareness and insight that
the Department has into advanced private sector homeland
security innovation, and the Department's ability to quickly
transition innovative products into acquisitions.
(2) A description of how the Department currently finds and
works with emerging companies, particular those who have never
done business with the Federal Government.
(3) An assessment and analysis of the current role that
venture capitalists play in the development of homeland
security technologies, including an assessment of how the
venture capital community could be leveraged to accelerate
technology, foster development, and introduce new technologies
needed by the homeland security community.
(4) An assessment of whether the Department could help
nascent commercial technologies mature into commercial-off-the-
shelf products the homeland security community could acquire.
(5) An analysis of whether the Central Intelligence
Agency's In-Q-Tel organization could serve as a model for the
development of homeland security technology at the Department.
(6) Recommendations of the Secretary regarding whether
Congress should create a private, independent, not-for-profit
organization to bridge the gap between the technology needs of
the homeland security community and new advances in commercial
technology.
(c) Authorization of Appropriations.--The Secretary is encouraged
to use a federally funded research and development center to produce
the report under this section. Of the amount authorized by section 101,
there is authorized $500,000 for the report.
TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS
SEC. 401. LIMITATIONS ON RESEARCH.
Section 302(4) (6 U.S.C. 182(4)) is amended by inserting after
``extramural programs,'' the following: ``that directly addresses a
prioritized risk to the homeland as identified by a risk analysis under
section 226(e) of this Act''.
SEC. 402. UNIVERSITY-BASED CENTERS.
Of the amount authorized by section 101, there is authorized to be
appropriated $40,000,000 for fiscal year 2011 and $41,200,000 for
fiscal year 2012 to the Secretary for each of fiscal years 2011 and
2012 to carry out the university-based centers program of the
Department.
SEC. 403. REVIEW OF UNIVERSITY-BASED CENTERS.
(a) GAO Study of University Centers.--Not later than 120 days after
the date of the enactment of this Act, the Comptroller General of the
United States shall initiate a study to assess the university-based
Centers for Homeland Security program authorized by section 308(b)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), and provide
recommendations to the appropriate congressional committees for
appropriate improvements.
(b) Subject Matters.--The study under subsection (a) shall include
the following:
(1) A review of key areas of study needed to support the
homeland security mission, and criteria that should be utilized
to determine those key areas for which the Department should
maintain, establish, or eliminate university-based centers.
(2) A review of the method by which university-based
centers, federally funded research and development centers, and
Department of Energy national laboratories receive tasking from
the Department, including a review of how university-based
research is identified, prioritized, and funded.
(3) A review of selection criteria for designating
university-based centers and a weighting of such criteria.
(4) An examination of the optimal organization and role of
the university-based centers in supporting the mission of the
Directorate and the Department components.
(5) An identification of the most appropriate review
criteria and metrics to measure demonstrable progress achieved
by university-based centers in fulfilling Department taskings,
and mechanisms for delivering and disseminating the research
results of designated university-based centers within the
Department and to other Federal, State, and local agencies.
(6) An examination of the means by which academic
institutions that are not designated or associated with the
designated university-based centers can optimally contribute to
the research mission of the Directorate.
(7) An assessment of the interrelationship between the
different university-based centers.
(8) A review of any other essential elements of the
programs determined in the conduct of the study.
(c) Moratorium on University Centers.--The Secretary may not
designate any new university-based centers for homeland security prior
to the completion of the Comptroller General's review.
SEC. 404. CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary shall support research,
development, testing, evaluation, and transition of cybersecurity
technology, including fundamental, long-term research to improve the
ability of the United States to prevent, protect against, detect,
respond to, and recover from acts of terrorism and cyber attacks, with
an emphasis on research and development relevant to large-scale, high-
impact attacks.
(b) Activities.--The research and development supported under
subsection (a) shall include work to--
(1) advance the development and accelerate the deployment
of more secure versions of fundamental Internet protocols and
architectures, including for the domain name system and routing
protocols;
(2) improve and create technologies for detecting attacks
or intrusions, including monitoring technologies;
(3) improve and create mitigation and recovery
methodologies, including techniques for containment of attacks
and development of resilient networks and systems that degrade
gracefully;
(4) develop and support infrastructure and tools to support
cybersecurity research and development efforts, including
modeling, testbeds, and data sets for assessment of new
cybersecurity technologies;
(5) assist the development and support of technologies to
reduce vulnerabilities in process control systems; and
(6) test, evaluate, and facilitate the transfer of
technologies associated with the engineering of less vulnerable
software and securing the information technology software
development lifecycle.
(c) Coordination.--In carrying out this section, the Under
Secretary shall coordinate activities with--
(1) the Under Secretary for National Protection and
Programs; and
(2) the heads of other relevant Federal departments and
agencies, including the National Science Foundation, the
Defense Advanced Research Projects Agency, the Information
Assurance Directorate of the National Security Agency, the
National Institute of Standards and Technology, the Department
of Commerce, and other appropriate working groups established
by the President to identify unmet needs and cooperatively
support activities, as appropriate.
(d) Authorization of Appropriations.--Of the amount authorized by
section 101, there is authorized to be appropriated $75,000,000 to the
Department for each of fiscal years 2011 and 2012 for the cybersecurity
research and development activities of the Directorate of Science and
Technology to prevent, detect, and respond to acts of terrorism and
other large-scale disruptions to information infrastructure.
SEC. 405. NATIONAL RESEARCH COUNCIL STUDY OF CYBERSECURITY INCENTIVES.
(a) Study.--Not later than 90 days after the date of the enactment
of this Act, the Under Secretary and the Under Secretary for National
Protection and Programs of the Department shall seek to enter into an
agreement with the National Research Council of the National Academy of
Sciences to conduct a study to assess methods that might be used to
promote market mechanisms that further cybersecurity and make
recommendations for appropriate improvements thereto.
(b) Subject Matters.--The study required under subsection (a) shall
include the following:
(1) Liability that subjects software and system vendors and
system operators to potential damages for system breaches.
(2) Mandated reporting of security breaches that could
threaten critical societal functions.
(3) Regulation that imposes under threat of civil penalty
best practices on system operators of critical infrastructure.
(4) Certification from standards bodies about conformance
to relevant cybersecurity standards that can be used as a
marketplace differentiation.
(5) Accounting practices that require companies to report
their cybersecurity practices and postures and the results of
independently conducted red team simulated attacks or
exercises.
(6) Cybersecurity risk insurance.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report containing the results of the study
required under subsection (a), together with any recommendations of the
Secretary related thereto.
(d) Authorization of Appropriations.--Of the amount authorized by
section 101, there is authorized to be appropriated $500,000 to the
Department for fiscal year 2011 to carry out this section.
SEC. 406. RESEARCH ON CYBER COMPROMISE OF INFRASTRUCTURE.
(a) In General.--Pursuant to section 201 of the Homeland Security
Act of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness
for and collective response to a cyber attack by a terrorist or other
person, the Secretary, working with the heads of other national
security and intelligence agencies, shall conduct research and
determine if the security of federally owned programmable electronic
devices and communication networks, including hardware, software, and
data, essential to the reliable operation of critical electric
infrastructure have been compromised.
(b) Scope of Research.--The scope of the research required under
subsection (a) shall include the following:
(1) The extent of any compromise.
(2) An identification of any attackers.
(3) The method of penetration.
(4) Ramifications of any such compromise on future
operations of critical electric infrastructure.
(5) Secondary ramifications of any such compromise on other
critical infrastructure sectors and the functioning of civil
society.
(6) Ramifications of any such compromise on national
security, including war fighting capability.
(7) Recommended mitigation activities.
(c) Report.--Not later than 30 days after the a determination has
been made under subsection (a), the Secretary shall submit to the
appropriate congressional committees a report on the findings of such
determination. The report may contain a classified annex if the
Secretary determines it to be appropriate.
SEC. 407. DUAL-USE TERRORIST RISKS FROM SYNTHETIC GENOMICS.
(a) Sense of Congress.--It is the sense of Congress that the field
of synthetic genomics has the potential to facilitate enormous gains in
fundamental discovery and biotechnological applications, but it also
has inherent dual-use homeland security risks that must be managed.
(b) Requirement.--The Under Secretary shall examine and report to
the appropriate congressional committees by not later than one year
after the date of enactment of this Act on the homeland security
implications of the dual-use nature of synthetic genomics and fund
research in that area, including--
(1) determining the current capability of synthetic nucleic
acid providers to effectively differentiate a legitimate
customer from a potential terrorist or other malicious actor;
(2) determining the current capability of synthetic nucleic
acid providers to effectively screen orders for sequences of
homeland security concern; and
(3) making recommendations regarding screening software,
protocols, and other remaining capability gaps uncovered by the
study.
SEC. 408. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary, in consultation with the
Assistant Secretary of the Transportation Security Administration,
shall conduct a demonstration project to test and assess the
feasibility and effectiveness of certain technologies to enhance the
security of underwater public transportation tunnels against terrorist
attacks involving the use of improvised explosive devices.
(b) Inflatable Plugs.--At least one of the technologies tested in
accordance with subsection (a) shall be inflatable plugs that may be
rapidly deployed to prevent flooding of an underwater public
transportation tunnel.
(c) Report.--Not later than 180 days after the completion of the
demonstration project under subsection (a), the Under Secretary shall
submit to the appropriate congressional committees a report on the
results of the demonstration project.
SEC. 409. CHEMICAL AND BIOLOGICAL THREATS RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary, in carrying out
responsibilities under section 302 of the Homeland Security Act of 2002
(6 U.S.C. 182), shall support research, development, testing,
evaluation, and transition of technology that increases the Nation's
preparedness against chemical and biological threats and strengthens
the Nation's preparedness and collective response against these threats
through improved threat awareness and advanced surveillance, detection,
and protective countermeasures.
(b) Biological Security.--To carry out the requirements of
subsection (a), the Under Secretary shall conduct research to develop
understanding, technologies, and systems needed to protect against
biological attacks on the Nation's population or infrastructure,
including--
(1) providing advanced planning tools, concepts of
operations (including alarm resolution protocols), and training
exercises for responding to and recovering from biological
attacks;
(2) developing biological assays and improved detection
technology that will operate with faster detection times, lower
costs, and the potential for increased geographical coverage to
the Nation when compared to existing homeland security
technologies;
(3) characterizing threats posed by biological weapons,
anticipating future threats, conducting comprehensive threat
and risk assessments to guide prioritization of the Nation's
biodefense investments, and developing population threat
assessments that inform the issuance of material threat
determinations; and
(4) conducting bioforensics research in support of criminal
investigations to aid attribution, apprehension, and
prosecution of a terrorist or other perpetrator of a biological
attack, and providing tools and facilities that Federal law
enforcement investigators need to analyze biological threat
evidence recovered, including operation of the National
Bioforensic Analysis Center.
(c) Agricultural Security.--The Under Secretary shall conduct
research and development to enhance the protection of the Nation's
agriculture and food system against terrorist attacks, major disasters,
and other emergencies through enhancement of current agricultural
countermeasures, development of new agricultural countermeasures, and
provision of safe, secure, state-of-the-art biocontainment laboratories
for researching foreign animal and zoonotic diseases, including--
(1) developing technologies to defend the Nation against
the natural and intentional introduction of selected foreign
animal diseases, developing next-generation vaccines and
diagnostics in coordination with the Department of Agriculture,
and modeling the spread of foreign animal diseases and their
economic impact to evaluate strategies for controlling
outbreaks; and
(2) leading the Department effort to enhance interagency
coordination of research and development of agricultural
disease countermeasures.
(d) Chemical Security.--The Under Secretary shall develop
technology to reduce the Nation's vulnerability to chemical warfare
agents and commonly used toxic industrial chemicals, including--
(1) developing a robust and enduring analytical capability
in support of chemical countermeasures development, including
developing and validating forensic methodologies and analytical
tools, conducting risk and vulnerability assessments based on
chemical threat properties, and maintaining infrastructure
including the Chemical Security Analysis Center;
(2) developing technology to detect a chemical threat
release; and
(3) developing technologies and guidance documents to
foster a coordinated approach to returning a chemically
contaminated area to a normal condition, and to foster analysis
of contaminated areas both before and after the restoration
process.
SEC. 410. MARITIME DOMAIN AWARENESS AND MARITIME SECURITY TECHNOLOGY
TEST, EVALUATION, AND TRANSITION CAPABILITIES.
(a) Global Maritime Domain Awareness and Maritime Security
Technology Test, Evaluation, and Transition Capabilities.--
(1) Establishment.--The Secretary shall establish
capabilities for conducting global maritime domain awareness
and maritime security technology test, evaluation, and
transition, as provided in this subsection.
(2) Purpose.--The purpose of such capabilities shall be
to--
(A) direct technology test, evaluation, and
transition activities in furtherance of border and
maritime security; and
(B) evaluate such technology in diverse
environments including coastal, seaport, and offshore
locations.
(b) Coordination.--The Secretary, acting through the Under
Secretary, shall ensure that--
(1) technology test, evaluation, and transition efforts
funded by the Department in furtherance of border and maritime
security avoid duplication of efforts and complement 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, the Secretary shall require the Under Secretary,
in consultation with other relevant operational components of the
Department, to pursue the development of screening capabilities for
pandemic influenza and other infectious diseases to support entry and
exit screening at ports of entry and for other purposes.
(b) Development of Methods.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall, to the extent possible,
initiate development of safe and effective methods to rapidly screen
incoming travelers at ports of entry for pandemic influenza and other
infectious diseases.
(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 preparedness and collective
response to a radiological attack, including the following:
(1) A clear explanation of the dangers associated with
radioactive materials.
(2) Possible effects of different levels of radiation
exposure, including a clear description of the how radiation
exposure occurs and the amount of exposure necessary to be of
concern.
(3) Actions that members of the public should take
regarding evacuation, personal decontamination, and medical
treatment.
(b) Recovery.--The Secretary shall develop a plan for post-event
recovery from a radiological attack. Such plan shall include the
following:
(1) A definition of the demarcation between response and
recovery from a radiological attack.
(2) Consideration of multiple attack scenarios, including a
worst-case scenario.
(3) Consideration of multiple recovery strategies,
including decontamination, demolition and removal, and
relocation.
(4) Consideration of economic, health, and psychological
effects.
SEC. 413. RURAL RESILIENCE INITIATIVE.
(a) In General.--The Under Secretary shall conduct research
intended to assist State, local, and tribal leaders in developing the
tools and methods to enhance preparation for, and response and
resilience to, terrorist events and other incidents.
(b) Included Activities.--Activities under this section shall
include--
(1) research and implementation through outreach 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 community;
(4) a plan to address community needs for resilience;
(5) an education program for community leaders and first
responders about their resilience capacity and mechanisms for
mitigation, including via distance 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 INTERNET PROTOCOL VIDEO SURVELLANCE
TECHNOLOGY.
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 improving 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 other appropriate Federal
agencies, should encourage the private sector to develop
interoperability standards such emerging homeland security
technology; and
(4) such efforts will help the Federal Government, which is
one of the largest users of surveillance technology, in
detecting, deterring, preventing, responding to terrorist
attacks.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Domestic 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 OVERSIGHT.
(a) Sense of Congress.--It is the sense of Congress that the
Domestic Nuclear Detection Office of the Department (in this section
referred to as the ``DNDO'') should work through the Directorate in
conducting basic and innovative research and non-developmental testing,
in order to advance next generation nuclear detection technologies.
(b) Internal Review of Project Selection and Evaluation
Methodology.--Not later than 90 days after the date of the enactment of
this Act, the Director of the DNDO shall begin an internal review of
the methodology by which research, development, testing, and evaluation
is identified, prioritized, and funded by the DNDO. In conducting such
review, the Director shall consult with the Under Secretary and the
heads of all operational components of the Department that own,
operate, or maintain nuclear or radiological detection technologies.
(c) Contents of Review.--In carrying out the review required under
subsection (b), the Director of the DNDO shall--
(1) identify basic and innovative research and any non-
developmental testing that should be conducted in concert and
under agreement with the Directorate;
(2) produce a charter delineating roles, responsibilities,
common definitions, standard operating procedures, and decision
rules for research, development, testing, and evaluation
activities;
(3) implement a transparent system for tracking research,
development, testing, and evaluation requirements;
(4) establish a mechanism to provide regular updates to
components of the Department on the progress of such research;
(5) establish a mechanism to facilitate training Department
components in subjects such as prioritizing homeland security
capability gaps and requirements development and analysis;
(6) determine whether technical 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;
(7) establish a method to collect and evaluate Department
component feedback;
(8) developing matrices for and conducting impact
evaluations to determine if technologies produced by the
Directorate have enhanced the ability of Department components
to perform their missions;
(9) identify appropriate five-year levels of investment in
basic and applied research and development, in particular among
the Department laboratories, federally funded research and
development centers, university-based centers, Department of
Energy national laboratories, and other Federal laboratories;
(10) projected balance of use of the entities referred to
in paragraph (9) among the Directorate and other Department
components; and
(11) establish a formal merit review process, with external
peer review where appropriate.
(d) Report.--Not later than one year after the completion of the
review required under subsection (b), the Director 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) Directive.--Not later than 90 days after receipt of the review
under subsection (d), the Secretary shall issue a departmental
management directive institutionalizing the processes and procedures of
the Department for identifying, prioritizing, and funding research,
development, testing, and evaluation at the DNDO consistent with the
analyses and recommendations under section 236 of the Homeland Security
Act of 2002, as amended by this Act.
(f) Quarterly Updates on Implementation.--One hundred and twenty
days after the date of enactment of this Act, and on a quarterly basis
thereafter, the Inspector General of the Department shall submit a
quarterly update to the appropriate congressional committees on the
status of implementation of this section and activities in support of
such implementation.
SEC. 503. STRATEGIC PLAN AND FUNDING ALLOCATIONS FOR GLOBAL
ARCHITECTURE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional
committees a report containing the following:
(1) A strategic plan for a domestic component of the global
nuclear detection strategy, with specific focus on establishing
time frames and costs for--
(A) land border areas between ports of entry;
(B) aviation including passenger, cargo, and
general aviation;
(C) rail transportation modes including passenger
and freight trains;
(D) small maritime vessels; and
(E) any emerging threat vectors identified by the
Director of the Domestic Nuclear Detection Office.
(2) In consultation with the Secretary of Defense, the
Secretary of Energy, the Secretary of State, the Nuclear
Regulatory Commission, and the Attorney General, an analysis of
overall budget allocations that determines whether Government-
wide nuclear detection resources clearly align with identified
priorities to maximize results and minimize duplication of
efforts.
(3) An assessment of the effectiveness, cost, and
feasibility of a maritime radiological and nuclear pilot
program, and undertake additional planning to identify future
steps, including how and where a broader strategy would be
implemented, what technology would be needed, what
organizations should be involved, and how such efforts would be
sustained.
SEC. 504. RADIATION PORTAL MONITOR ALTERNATIVES.
(a) Sense of Congress.--It is the sense of Congress that in view of
the Secretary's decision not to certify advanced spectroscopic portal
monitors for primary screening applications because they do not offer a
significant increase in operational effectiveness over existing
technology, the Director must attempt to identify viable alternatives.
(b) In General.--The Director of the Domestic Nuclear Detection
Office shall analyze and report to the appropriate congressional
committees by not later than 90 days after the date of enactment of
this Act on both existing and developmental alternatives to existing
radiation portal monitors and advanced spectroscopic portal monitors
that would provide the Department with a significant increase in
operational effectiveness for primary screening for radioactive
materials.
SEC. 505. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.
(a) Findings.--Congress finds the following:
(1) The Securing the Cities Initiative of the Department
uses next generation radiation detection technology to detect
the transport of nuclear and radiological material in urban
areas by terrorists or other unauthorized individuals.
(2) The technology used by partners in the Securing the
Cities Initiative leverages radiation detection technology used
at ports of entry.
(3) The Securing the Cities Initiative has fostered
unprecedented collaboration and coordination among its Federal,
State, and local partners.
(4) The Securing the Cities Initiative is a critical
national capability to detect the dangerous introduction 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 implemented 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 participating in the
Urban Area Security Initiative, such sums as may be necessary
each fiscal year to implement and sustain each additional
initiative.
TITLE VI--CLARIFYING AMENDMENTS
SEC. 601. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
Section 305 (6 U.S.C. 184) is amended--
(1) by inserting ``(a) Establishment.--'' before the first
sentence; and
(2) by adding at the end the following new subsections:
``(b) Congressional Tasking.--Upon a request of the chairman and
the ranking minority member of an appropriate congressional committee,
a federally funded research and development center established under
this section is encouraged to perform independent analysis of homeland
security issues and report its findings to the appropriate
congressional committees and the Secretary.
``(c) Congressional Oversight.--Federally funded research and
development centers established under this section are encouraged, upon
request of the chairman and the ranking minority member of an
appropriate congressional 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 Department relating to
personnel conflicts of interest to ensure that such policies
specifically address employees of federally funded research and
development centers established under this section who are in a
position to make or materially influence research findings or agency
decisionmaking.
``(e) Annual Reports.--Each federally funded research and
development center established under this section shall transmit to the
Secretary and appropriate congressional committees an annual report on
the activities of the center.''.
SEC. 602. ELIMINATION OF HOMELAND SECURITY INSTITUTE.
(a) Repeal.--Section 312 (6 U.S.C. 192) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by striking the item relating to such section.
<all>
Referred to the Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology.
Referred to the Subcommittee on Border, Maritime, and Global Counterterrorism.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 0.
Reported (Amended) by the Committee on 111-486, Part I.
Reported (Amended) by the Committee on 111-486, Part I.
Referred sequentially to the House Committee on Science and Technology for a period ending not later than June 18, 2010 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(o), rule X.
House Committee on Science and Technology Granted an extension for further consideration ending not later than June 25, 2010.
Committee on Science and Technology discharged.
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Committee on Science and Technology discharged.
Placed on the Union Calendar, Calendar No. 292.
Ms. Clarke moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5760-5775)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4842.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5760-5770)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5760-5770)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.