4:07 PM EDT

Yvette D. Clarke, D-NY 11th

Ms. CLARKE. Mr. Speaker, I move to suspend the rules and pass the bill (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, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows:

H.R. 4842

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..Research prioritization and requirements; professional development; milestones and feedback.

Sec..202..Testing, evaluation, and standards.

Sec..203..External 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..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 surveillance technology.

Sec..415..Homeland Security Science and Technology Fellows Program.

Sec..416..Biological threat agent assay equivalency.

Sec..417..Study of feasibility and benefit of expanding or establishing program to create a new cybersecurity capacity building track at certain institutions of higher education.

Sec..418..Sense of Congress regarding centers of excellence.

Sec..419..Assessment, research, testing, and evaluation of technologies to mitigate the threat of small vessel attack.

Sec..420..Research and development projects.

Sec..421..National Urban Security Technology Laboratory.

Sec..422..Homeland security science and technology advisory committee.

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 nuclear detection 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..603..GAO study of the implementation of the statutory relationship between the Department and the Department of Energy national laboratories.

Sec..604..Technical changes.

TITLE VII--COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND ELECTRONIC INFRASTRUCTURES

Sec..701..Commission on the Protection of Critical Electric and Electronic Infrastructures.

TITLE VIII--BORDER SECURITY TECHNOLOGY INNOVATION

Sec..801..Ensuring research activities of the Department of Homeland Security include appropriate concepts of operation.

Sec..802..Report on basic research needs for border and maritime security.

Sec..803..Incorporating unmanned aerial vehicles into border and maritime airspace.

Sec..804..Establishing a research program in tunnel detection.

Sec..805..Research in document security and authentication technologies.

Sec..806..Study on global positioning system technologies.

Sec..807..Study of mobile biometric technologies at the border.

Sec..808..Authorization of appropriations.

SEC. 3. DEFINITIONS.

In this Act:

(1) APPROPRIATE CONGRESSIONAL COMMITTEE.--The term ``appropriate congressional committee'' means the Committee on Homeland Security and the Committee on Science and Technology 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. RESEARCH PRIORITIZATION AND REQUIREMENTS; PROFESSIONAL DEVELOPMENT; MILESTONES AND FEEDBACK.

(a) In General.--Title III (6 U.S.C. 181 et seq.) is amended by adding at the end the following new sections:

``SEC. 318. RESEARCH PRIORITIZATION AND REQUIREMENTS.

``(a) Requirements.--The Secretary shall--

``(1) by not later than 180 days after the date of enactment of this section, establish requirements for 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, the Director

of the Domestic Nuclear Detection Office, and the heads of operational components of the Department; and

``(2) to the greatest extent possible, seek to publicize the requirements for the purpose of informing the Federal, State, and local governments, first responders, and the private sector.

``(b) Contents.--In the requirements, the Secretary shall-- [Page: H5761]

``(1) identify the Directorate of Science and Technology's customers within and outside of the Department;

``(2) describe the risk formula and risk assessment tools, including the risk assessment required under subsection (e)(1) that the Department considers to identify, prioritize, and fund homeland security research projects;

``(3) describe the considerations 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) describe the protocols to be used 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) describe the processes to be used by the Directorate to strengthen first responder participation in identifying and prioritizing homeland security technological gaps, including by--

``(A) soliciting feedback from appropriate national associations and advisory groups representing the first responder community and first responders within the components of the Department; and

``(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;

``(6) describe a mechanism to publicize the Department's funded and unfunded homeland security technology priorities; and

``(7) include such other requirements, policies, and practices as the Secretary considers necessary.

``(c) Activities in Support of the Research Prioritization and Requirements.--Not later than one year after the date of the issuance of the requirements, the Secretary shall--

``(1) carry out the requirements of subsection (a);

``(2) establish, through the Under Secretary for Science and Technology and Under Secretary for Management, 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 319(a)(2);

``(3) establish a system to collect feedback from customers of the Directorate on the performance of the Directorate; and

``(4) any other activities that the Secretary considers to be necessary to implement the requirements.

``(d) Biannual Updates on Implementation.--One hundred and eighty days after the date of enactment of this section, and on a biannually basis thereafter, the Inspector General of the Department shall submit a biannually update to the appropriate congressional committees on the status of implementation of the research prioritization and requirements and activities in support of such requirements.

``(e) Risk Assessment.--The Secretary shall--

``(1) submit to the appropriate congressional committees by not later than one year after the date of enactment of this subsection and annually thereafter--

``(A) a national-level risk assessment carried out by the Secretary, describing and prioritizing 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 assessment;

``(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, as appropriate;

``(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, as appropriate;

``(D) a description of how the analysis required under subparagraph (A) shall be used to inform, guide, and prioritize the Department's homeland security research and development activities, including recommendations for how the Directorate should modify or amend its existing research and development activities, including for purposes of reducing the risks to the homeland identified under subparagraph (A); and

``(E) 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 identified under paragraph (1)(A) 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.--Consistent with the Federal Acquisition Regulation and any other relevant Federal requirements, 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, as appropriate, the corresponding risk identified in subsection (e)(1)(A) that supports the decision to undertake that activity; and

``(B) describe any 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. 319. PROFESSIONAL DEVELOPMENT.

``(a) Reporting Requirement.--Sixty days before establishing the mandatory workforce program as required by section 318(c)(2), the Secretary shall report to the appropriate congressional committees on 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) A description of the training that should be provided to the Directorate's customers in the Department under the mandatory workforce program 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 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 318(c)(2), a training program for Department employees to be trained in requirements writing and acquisition, that--

``(A) is prepared in consultation with the Department of Veterans Affairs Acquisition Academy and the Defense Acquisition University; 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 those 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. 320. CUSTOMER FEEDBACK.

``In establishing a system to collect feedback under section 318(c)(3), the Secretary shall--

``(1) create a formal process for collecting feedback from customers on the effectiveness of the technology or services delivered by Directorate of Science and Technology, including through randomized sampling, focus groups, and other methods as appropriate;

``(2) develop metrics for measuring customer satisfaction and the usefulness of any technology or service provided by the Directorate; and

``(3) establish standards and performance measures to be met by the Directorate in order to provide high-quality customer service.

``SEC. 321. RESEARCH PROGRESS.

``(a) In General.--The Secretary shall establish a system to monitor the progress of Directorate for Science and Technology research, development, testing, and evaluation activities, including the establishment of initial and subsequent research milestones.

``(b) System.--The system established under subsection (a) shall--

``(1) identify and monitor the progress toward research milestones;

``(2) allow the Directorate to provide regular reports to its customers regarding the status and progress of research efforts of the Directorate;

``(3) allow the Secretary to evaluate how a technology or service produced as a result of the Directorate's programs has affected homeland security capability gaps; and

``(4) allow the Secretary to report the number of products and services developed by the Directorate that have been transitioned into acquisition programs. [Page: H5762]

``(c) Guidance.--The Under Secretary for Science and Technology shall publicize and implement guidance on setting valid initial and subsequent research milestones for homeland security research funded by the Directorate.

``SEC. 322. REPORT.

``(a) In General.--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 sections 320 and 321 identifying what actions have been taken to carry out the requirements of these sections; and

``(2) annually thereafter describing--

``(A) research milestones for each large project with a Federal cost share greater than $80,000,000 that have been successfully met and missed, including for each missed milestone, an explanation of why the milestone was missed; and

``(B) customer feedback collected and the success of the Directorate in meeting the customer service performance measures and standards, 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 striking ``office'' and inserting ``Office of Science and Technology''; and

(3) by adding at the end the following new items:

``Sec..318..Research prioritization and requirements.``Sec..319..Professional development.``Sec..320..Customer feedback.``Sec..321..Research progress.``Sec..322..Report.

SEC. 202. TESTING, EVALUATION, AND STANDARDS.

Section 308 (6 U.S.C. 188) is amended by adding at the end of the following new subsection:

``(d) Test, Evaluation, and Standards Division.--

``(1) ESTABLISHMENT.--There is established in the Directorate of Science and Technology a Test, Evaluation, and Standards Division.

``(2) DIRECTOR.--The Test, Evaluation, and Standards Division shall be headed by a Director of Test, Evaluation, and Standards, who shall be appointed by the Secretary and report to the Under Secretary for Science and Technology.

``(3) RESPONSIBILITIES, AUTHORITIES, AND FUNCTIONS.--The Director of Test, Evaluation, and Standards--

``(A) is the principal adviser 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 the Department; and

``(B) shall--

``(i) prescribe test and evaluation policies for the Department, which shall include policies to ensure that operational testing is done at facilities that already have relevant and appropriate safety and material certifications to the extent such facilities are available;

``(ii) oversee and ensure that adequate test and evaluation activities are planned and conducted by or on behalf of components of the Department in major acquisition programs of the Department, as designated by the Secretary, based on risk, acquisition level, novelty, complexity, and size of the acquisition program, or as otherwise established in statute;

``(iii) review major acquisition program test reports and test data to assess the adequacy of test and evaluation activities conducted by or on behalf of components of the Department; and

``(iv) review available test and evaluation infrastructure to determine whether the Department has adequate resources to carry out its testing and evaluation responsibilities, as established under this title.

``(4) DEPUTY DIRECTOR OF OPERATIONAL TEST AND EVALUATION.--Within the Division there shall be a Deputy Director of Operational Test and Evaluation, who--

``(A) is the principal operational test and evaluation official for the Department; and

``(B) shall--

``(i) monitor and review the operational testing and evaluation activities conducted by or on behalf of components of the Department in major acquisition programs of the Department, as designated by the Secretary, based on risk, acquisition level, novelty, complexity, and size of the acquisition program, or as otherwise established in statute;

``(ii) provide the Department with assessments of the adequacy of testing and evaluation activities conducted in support of major acquisitions programs; and

``(iii) have prompt and full access to test and evaluation documents, data, and test results of the Department that the Deputy Director considers necessary to review in order to carry out the duties of the Deputy Director under this section.

``(5) STANDARDS EXECUTIVE.--Within this Division, there shall be a Standards Executive as described in Office of Management and Budget Circular A-119. The Standards Executive shall--

``(A) implement the Department's standards policy as described in section 102(g); and

``(B) support the Department's use of technical standards that are developed or adopted by voluntary consensus standards bodies in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note).

``(6) LIMITATION.--The Division is not required to carry out operational testing.

``(7) EVALUATION OF DEPARTMENT OF DEFENSE TECHNOLOGIES.--The Director of Test, Evaluation, and Standards may evaluate technologies currently in use or being developed by the Department of Defense to assess whether they can be leveraged to address homeland security capability gaps.''.

SEC. 203. EXTERNAL 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 (13), 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 periodic external review of research and development programs or activities, including through--

``(A) consultation with experts, including scientists and practitioners, about the research and development activities conducted by the Directorate of Science and Technology; and

``(B) ongoing independent, external 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 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 on--

(1) the findings of the review; and

(2) any future efforts to ensure that the Department's research programs or activities are subject to external review, as 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 for Science and Technology.

``(c) Responsibilities.--The Director, in coordination with the Private Sector Office of the Department, shall--

``(1) engage and initiate proactive outreach efforts and 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 those 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;

``(iv) review proposals submitted by components of the Department to the Division, subject to subsection (e); and

``(v) in reviewing proposals submitted to the Secretary, give priority to any proposal submitted by a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632).

``(3) COORDINATION.--The Director shall submit for consideration promising homeland security technology research, development, testing, and evaluation proposals, [Page: H5763]

along with any business and technical reviews, to the appropriate subcomponents of the Directorate and the appropriate operational components of the Department 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.--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.), as amended by section 201, is further amended by adding at the end the following new section:

``SEC. 323. 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 for Science and Technology 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 applicable Federal requirements, 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 any update to 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), as amended by section 201, is further amended by adding at the end of the items relating to title III the following new item:

``Sec. 323..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, the Under Secretary shall, for each current project conducted by the Directorate and having a Federal cost share greater than $80,000,000, and on an ongoing basis thereafter for any new project conducted by the Directorate and having a Federal cost share greater than $80,000,000, provide to the appropriate congressional committees a description of--

``(A) the Department components and customers consulted during the development of the operational and technical requirements associated with the project; and

``(B) the extent to which the requirements incorporate the input of those components or customers.

``(2) LARGE PROJECTS.--Within 90 days after the date of enactment, the Secretary shall, for each current project conducted by a component of the Department besides the Directorate, and having a life-cycle cost greater than $1,000,000,000, and on an ongoing basis thereafter for any new project conducted by a component of the Department besides the Directorate, and having a life-cycle cost greater than $1,000,000,000, 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--

(1) assessing the current role of the venture capital community in funding advanced homeland security technologies, including technologies proposed by small business concerns as defined under section 3 of the Small Business Act (15 U.S.C. 632); and

(2) providing recommendations about creating a nonprofit organization for the purposes of delivering advanced homeland security technologies to the homeland security community to further its missions.

(b) Contents.--The report shall include the following:

(1) An assessment of the current awareness and insight that the Department has regarding 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, particularly firms that have never done business with the Federal Government, small business concerns, small business concerns that are owned and operated by women, small business concerns that are owned and operated by veterans, and minority-owned and operated small business concerns.

(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 or the Department of Defense's OnPoint Technologies organization could serve as a model for the development of homeland security technology at the Department.

(6) Recommendations of the Secretary regarding how Congress could authorize the establishment of 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, including specifics on potential funding levels, activities for the organization, including the provision of technical assistance, and whether to establish set-asides for small businesses that are minority-owned and operated

or located in socially and economically disadvantaged areas.

(c) Use of Research and Development Center.--The Secretary is encouraged to use a federally funded research and development center to produce the report under this section.

(d) Authorization of Appropriations.--Of the amount authorized by section 101, there is authorized to be appropriated $500,000 for the report under this section.

TITLE IV--DIRECTORATE OF SCIENCE AND TECHNOLOGY PROGRAMS

SEC. 401. LIMITATIONS ON RESEARCH.

Section 302(a)(4), as designated by section 302, is further amended by inserting after ``extramural programs,'' the following: ``that, to the greatest extent possible, 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.

(a) Authorization of Appropriations.--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 to carry out the university-based centers program of the Department.

(b) Criteria for Designation.--Section 308(b)(2)(B)(iii) (6 U.S.C. 188(b)(2)(B)(iii)) is amended by inserting before the period at the end the following: ``, including medical readiness training and research, and community resiliency for public health and healthcare critical infrastructure''.

(c) Explosive Countermeasures or Detection.--Section 308(b)(2)(B)(iv) (6 U.S.C. 188(b)(2)(B)(iv)) is amended by striking ``and nuclear'' and inserting ``nuclear, and explosive''.

SEC. 403. REVIEW OF UNIVERSITY-BASED CENTERS.

(a) GAO Study of University-Based Centers.--Not later than 120 days after the date of 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 the Department's efforts to identify key areas of study needed to support the homeland security mission, and criteria that the Department 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. [Page: H5764]

(3) A review of selection criteria for designating university-based centers and a weighting of such criteria.

(4) An examination of best practices from other agencies efforts to organize and use university-based research to support their missions.

(5) A review of the Department's 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 New University-Based Centers.--The Secretary may not designate any new university-based centers to research new areas in 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 real-time monitoring and real-time analytic technologies;

(3) improve and create mitigation and recovery methodologies, including techniques and policies for real-time 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;

(6) develop and support cyber forensics and attack attribution; and

(7) 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 Cybersecurity Preparedness Consortium and Training Center.--

(1) CYBERSECURITY PREPAREDNESS CONSORTIUM.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section:

``SEC. 226. CYBERSECURITY PREPAREDNESS CONSORTIUM.

``(a) In General.--To assist the Secretary in carrying out the requirements of section 404(a) of the Homeland Security Science and Technology Authorization Act of 2010, the Secretary may establish a consortium to be known as the `Cybersecurity Preparedness Consortium'.

``(b) Functions.--The Consortium shall--

``(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 the Department.

``(c) Members.--The Consortium shall consist of academic, nonprofit, and government partners that--

``(1) have demonstrated expertise in developing and delivering cybersecurity training in support of homeland security;

``(2) have demonstrated ability to utilize existing courses and expertise developed by the Department;

``(3) have demonstrated ability to coordinate with the National Domestic Preparedness Consortium and other training programs within the Department; and

``(4) include at least 3 academic institutions that are any combination of historically Black colleges and universities, Hispanic-serving institutions, or tribal colleges and universities, that fulfill the criteria of paragraphs (1), (2) and (3) of this subsection.

``(d) Definitions.--In this section:

``(1) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.--The term `historically Black college or university' has the meaning given the term `part B institution' in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).

``(2) HISPANIC-SERVING INSTITUTION.--The term `Hispanic-serving institution' has the meaning given that term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101(a)).

``(3) TRIBAL COLLEGE OR UNIVERSITY.--The term `tribal college or university' has the meaning given that term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).''.

(2) CLERICAL AMENDMENT.--Section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following new item:

``Sec..226..Cybersecurity Preparedness Consortium.''.

(3) CYBERSECURITY TRAINING CENTER.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the end the following new section:

``SEC. 227. CYBERSECURITY TRAINING CENTER.

``The Secretary may establish where appropriate 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.''.

(4) CLERICAL AMENDMENT.--Section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following new item:

``Sec..227..Cybersecurity Training Center.''.

(e) 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 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 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 functions, including provision of electricity and resiliency of the financial sector.

(3) Regulation that under threat of civil penalty, imposes 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, including analysis of the current marketplace and recommendations to promote cybersecurity insurance.

(c) Submission to Congress.--Not later than two years after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees 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 periodically conduct research to 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 has been compromised. [Page: H5765]

(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, including any affiliations with terrorists, terrorist organizations, state entities, and non-state entities.

(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 date 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, if the Under Secretary determines that such research is appropriate, may conduct 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.--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 under 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. 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), may 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 those threats through improved threat awareness and advanced surveillance, detection, and protective countermeasures,

and to enhance the development of border security technology.

(b) Biological Security.--To carry out subsection (a), the Under Secretary may 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;

(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; and

(5) conducting appropriate research and studies that will increase our understanding of and uncertainties associated with risk and threats posed by biological agents through the Biological Threat Characterization Center and other means as determined by the Secretary.

(c) Agricultural Security.--The Under Secretary may 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, 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 may 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.

(e) Risk Assessments.--

(1) IN GENERAL.--The Under Secretary shall produce risk assessments for biological and chemical threats, and shall coordinate with the Director of the Domestic Nuclear Detection Office of the Department, the Assistant Secretary of the Office of Health Affairs of the Department, and the Assistant Secretary of Infrastructure Protection of the Department on an integrated risk assessment, including regarding chemical, biological, radiological, nuclear, and explosive threats.

(2) USAGE.--The assessments required under paragraph (1) shall be used to inform and guide the threat assessments and determinations by the Secretary regarding agents and toxins pursuant to section 302(9) of the Homeland Security Act of 2002 (6 U.S.C. 182(9)), and to guide prioritization of other homeland defense activities, as appropriate.

(3) TASK FORCE.--The Under Secretary for Science and Technology shall convene an interagency task force of relevant subject matter experts to assess the proposed methodology to be used for each assessment required under paragraph (1), and to provide recommendations to the Under Secretary as to the adequacy of such methodology.

(f) Border Security.--The Under Secretary may develop technology, in coordination with the Commissioner of Customs and Border Protection, to gain effective control of the international land borders of the United States within 5 years after the date of enactment of this Act. In carrying out such development activities, the Under Secretary shall ensure coordination and integration between new technologies developed and those already utilized by U.S. Customs and Border Protection.

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, reduce unnecessary redundancies, streamline processes, increase efficiencies, and otherwise 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 (6 [Page: H5766]

U.S.C. 182(4)), the Secretary shall require the Under Secretary, in consultation with other relevant operational components of the Department, 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 for

other purposes.

(b) Development of Methods.--If the Under Secretary determines that the development of such screening capabilities should be undertaken, the Secretary shall, to the extent possible, initiate development of safe and effective methods to rapidly screen incoming travelers at ports of entry for pandemic influenza and other infectious diseases.

(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 postevent 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 and the private sector in developing the tools and methods to enhance preparation for, and response and resilience to, terrorist events and other incidents.

(b) Included Activities.--Activities under this section may 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 SURVEILLANCE 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 the National Institute of Standards and Technology and any other appropriate Federal agencies, should encourage the private sector to develop interoperability standards for such emerging homeland security technology; and

(4) such efforts will help the Federal Government, which is one of the largest users of surveillance technology, in detecting, deterring, preventing, and responding to terrorist attacks.

SEC. 415. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

(a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is further amended by adding at the end the following new section:

``SEC. 324. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

``(a) Establishment.--The Secretary, acting through the Under Secretary for Science and Technology, shall establish a fellows program, to be known as the Homeland Security Science and Technology Fellows Program, under which the Under Secretary shall facilitate the temporary placement of scientists in relevant scientific or technological fields for up to two years in components of the Department with a need for scientific and technological expertise.

``(b) Utilization of Fellows.--

``(1) IN GENERAL.--Under the Program, the Under Secretary may employ fellows--

``(A) for the use of the Directorate of Science and Technology; or

``(B) for the use of Department components outside the Directorate, under an agreement with the head of such a component under which the component will reimburse the Directorate for the costs of such employment.

``(2) RESPONSIBILITIES.--Under such an agreement--

``(A) the Under Secretary shall--

``(i) solicit and accept applications from individuals who are currently enrolled in graduate programs, or have received a graduate degree within 3 years prior to the time of application in scientific and engineering fields related to the promotion of securing the homeland, including--

``(I) biological, chemical, physical, behavioral, social, health, medical, and computational sciences;

``(II) geosciences;

``(III) all fields of engineering; and

``(IV) such other disciplines as are determined relevant by the Secretary;

``(ii) screen applicant candidates and interview them as appropriate to ensure that they possess the appropriate level of scientific and engineering expertise and qualifications;

``(iii) provide a list of qualified applicants to the heads of Department components seeking to utilize qualified fellows;

``(iv) pay financial compensation to such fellows;

``(v) coordinate with the Chief Security Officer to facilitate and expedite provision of security clearances to fellows, as appropriate; and

``(vi) otherwise administer all aspects of the fellows' employment with the Department; and

``(B) the head of the component utilizing the fellow shall--

``(i) select a fellow from the list of qualified applicants provided by the Under Secretary;

``(ii) reimburse the Under Secretary for the costs of employing the fellow selected; and

``(iii) be responsible for the day-to-day management of the fellow.

``(c) Applications From Associations.--The Under Secretary may accept applications under subsection (b)(2)(A) that are submitted by science or policy associations on behalf of individuals whom such an association has determined may be qualified applicants under the program.''.

(b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to title III the following new item:

``Sec..324..Homeland Security Science and Technology Fellows Program.''.

SEC. 416. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY.

(a) In General.--Title III (6 U.S.C. 181 et seq.) is further amended by adding at the end the following new section:

``SEC. 325. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY PROGRAM.

``(a) In General.--To facilitate equivalent biological threat agent identification among federally operated biomonitoring programs, the Under Secretary, in consultation with other relevant Federal agencies, may implement an assay equivalency program for biological threat assays.

``(b) Features.--In order to establish assay performance equivalency to support homeland security and public health security decisions, the program may--

``(1) evaluate biological threat detection assays, their protocols for use, and their associated response algorithms for confirmation of biological threat agents, taking performance me

4:07 PM EDT

Yvette D. Clarke, D-NY 11th

Ms. CLARKE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on the bill under consideration.

4:08 PM EDT

Yvette D. Clarke, D-NY 11th

Ms. CLARKE. I yield myself such time as I may consume.

Mr. Speaker, there are hundreds of thousands of Americans who work day in and day out to protect our communities and our Nation. They perform a wide range of services for the country, responding to emergencies, screening bags and cargo, watching our borders. They are outstanding public servants, and we thank them for their service. We know that without them we are less secure. They know that without science and technology they can't accomplish their mission.

So today we consider H.R. 4842, to acknowledge the importance of science and technology research, development, testing and evaluation, to ensuring the safety and security of the American people and our Nation.

[Time: 16:10]

H.R. 4842, the Homeland Security Science and Technology Authorization Act of 2010, reauthorizes the Department of Homeland Security, Science [Page: H5771]

and Technology Directorate, and Domestic Nuclear Detection Office through fiscal year 2012. Since 2003, S&T has been responsible for developing technologies to address Homeland Security capability gaps as identified by DHS and its operational components, most notably Customs and Border Protection, the U.S. Coast

Guard, the Transportation Security Administration, and the Federal Emergency Management Agency. DNDO was established in 2006 to develop detection technologies for nuclear and radiological devices, a high-consequence terrorist threat.

This bipartisan legislation reauthorizes the activities of S&T and DNDO and puts these two DHS components on a path to greater effectiveness and efficiency by requiring strategic plans, benchmarking, and accountability systems.

For nearly a year, Mr. LUNGREN and I worked with my colleagues on the committee to craft this bipartisan authorization bill, which would ensure that the Department of Homeland Security Science and Technology Directorate has the right tools available to be successful. Success in this context means delivering products into the hands of our first responders, law enforcement officials, or critical infrastructure owners, to help them achieve their mission and make America more secure.

In conducting our review, we examined the Homeland Security Act and the Department's use of the authorities the Congress has vested in it. We have also received insight and information from DHS leadership, stakeholders, the R&D community, private sector leaders, and independent analysts.

I believe that by reaching out to key stakeholders, we developed a very good bill that will authorize important management functions and programs within the S&T Directorate while emphasizing efficiency and cost savings.

Within this legislation, we institutionalize the process by which research and development is identified, prioritized, and funded within DHS. We emphasize the importance of strategic planning and require DHS S&T to do so every 2 years.

We establish training programs for developing technology requirements at DHS. We authorize an Office of Testing and Evaluation designed to prevent problems that occurred in major acquisition programs like SBInet, the infamous virtual fence, which will help curb wasteful spending in the Department.

We create an Office of Public-Private Partnerships and establish within S&T a streamlined review process for unsolicited proposals. We authorize twice the current amount of funding for cybersecurity R&D.

We explore alternatives for ASP technologies for detecting nuclear and radiological materials, and we affirm the committee's support for university programs and small businesses.

I look forward to discussing these and other matters with my colleagues today.

Finally, I want to express my appreciation and thanks to our chairman, Mr. Thompson, and Ranking Member King for their support of this important legislation.

Mr. LUNGREN was very instrumental in crafting the bill, and I thank him for working with me on it. I want to also thank the majority and minority committee and personal office staffs for their efforts.

We often say that Homeland Security is not a partisan issue, and that is evidenced today by this bipartisan legislation.

June 25, 2010.

Hon. BART GORDON,

Chairman, Committee on Science and Technology, House of Representatives, Rayburn House Office Building, Washington, DC.

DEAR MR. CHAIRMAN: I write to you regarding H.R. 4842, the ``Homeland Security Science and Technology Authorization Act of 2010.''

I agree that provisions in H.R. 4842 are of jurisdictional interest to the Committee on Science and Technology. I acknowledge that by forgoing further consideration, your Committee is not relinquishing its jurisdiction and I will fully support your request to be represented in a House-Senate conference on those provisions over which the Committee on Science and Technology has jurisdiction in H.R. 4842.

This exchange of letters will be inserted in the Congressional Record as part of the consideration of this legislation in the House.

I look forward to working with you on this legislation and other matters of great importance to this nation.

Sincerely,

Bennie G. Thompson,

Chairman.

--

Hon. BENNIE G. THOMPSON,

Chairman, Committee on Homeland Security,

Ford House Office Building, Washington, DC.

DEAR MR. CHAIRMAN: I am writing to you concerning the jurisdictional interest of the Committee on Science and Technology in H.R. 4842, the Homeland Security Science and Technology Authorization Act of 2010.

H.R. 4842 was favorably reported by the Committee on Homeland Security on May 18, 2010. I recognize and appreciate your desire to bring this legislation before the House in an expeditious manner, and, accordingly, I will waive further consideration of this bill in Committee. However, agreeing to waive consideration of this bill should not be construed as the Committee on Science and Technology waiving its jurisdiction over H.R. 4842.

Further, I request your support for the appointment of Science and Technology Committee conferees during any House-Senate conference convened on this legislation. I also ask that a copy of this letter and your response be placed in the Congressional Record during consideration of this bill on the House floor

Thank you for your attention to this matter.

Sincerely,

Bart Gordon,

Chairman.

Mr. Speaker, I reserve the balance of my time.

4:13 PM EDT

Dan Lungren, R-CA 3rd

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 4842, the Homeland Security Science and Technology Authorization Act of 2010. It gives me great pleasure to work with the gentlewoman in bringing forward this authorization bill to the floor.

This bipartisan legislation reauthorizes the Science and Technology Directorate and the Domestic Nuclear Detection Office for fiscal years 2011 and 2012, and I want to thank the chairwoman for her bipartisan leadership on this legislation.

This process started last summer with numerous stakeholder meetings, followed by meetings and recommendations from the Department of Homeland Security and concluding with the recent improvements and support of the House Science and Technology Committee. When it comes to homeland security, there is no room for partisanship. Chairwoman Clark and the chairman of our full committee, Chairman Thompson, working together with Mr. King from New York, the ranking Republican on the committee,

all deserve a great deal of credit for reaching out across the aisle to craft a more effective bill, and, I must say, it does include provisions of importance to our Republican members.

These provisions would include the establishment of research initiatives to bolster border and maritime security; the development of tools to enhance resilience to terrorist attacks and other incidents, especially in rural communities; research and testing of technologies to help secure the border and ensure the safety of our underground mass transit systems; as well as an assessment of how useful rapid screening tools for influenza and other biological threats would be at our border ports of

entry.

Our bill emphasizes management and administrative reforms that target the needs of the Science and Technology customers, those being the Border Patrol, TSA, Coast Guard, FEMA, and ICE, by most closely aligning the Directorate's research and development activities with identified homeland security risks so there will be a more rapid application of the technology to the true needs as identified by S&T's customers.

It will improve our homeland security by establishing a more rigorous process within the S&T Directorate for identifying, prioritizing, and funding these important research opportunities.

It recognizes the need to prioritize research around risk and authorizes the establishment of a Testing, Evaluation, and Standards Division within the S&T Directorate to help ensure that technology is properly evaluated.

So, Mr. Speaker, in order to foster closer collaboration between the Science and Technology Directorate and commercial companies with promising Homeland Security technologies, our bill authorizes the Office of Public-Private Partnerships to be established within the S&T Directorate. [Page: H5772]

Importantly, title VII of our legislation establishes a Commission on the Protection of Critical Electric and Electronic Infrastructures to assess the vulnerabilities of this infrastructure and make recommendations for better securing this critically important infrastructure in the future.

While we rely on the cyberworld for much of our embedded command and control systems, perhaps it is no more important than in the area of critical electric and electronic infrastructure, and it is our hope that this commission will help us in the Congress to prioritize those needs with respect to the vulnerabilities of the infrastructure and the protection of that infrastructure.

We depend on the Science and Technology Directorate to develop state-of-the-art technology to protect our citizens and critical infrastructure from terrorist attacks. Timely and accurate intelligence is always our best defense against the terror threat. However, when we have no actionable intelligence, we must rely on the skill of our personnel and the effectiveness of our technology in order to detect, deter, and defend against the terrorist enemy. The better technology we develop and deploy,

the stronger, therefore, our homeland security. We believe this legislation will help provide the necessary technology tools to bolster our homeland defenses.

Mr. Speaker, I would also like to highlight a very important provision in this bill that is critical to both Ranking Member King and the security of New York City, as well as to our Nation as a whole. It is the authorization and expansion of the Securing the Cities program.

Securing the Cities is a vital Homeland Security program to help prevent terrorist attacks in major cities using nuclear radiological weapons such as a dirty bomb. The program has enabled the establishment of a network ring of radiological detectors on highways, toll plazas, bridges, tunnels, and waterways leading into and out of New York City, which, as we know, is perhaps the top terrorist target for al Qaeda and affiliated terrorist organizations.

[Time: 16:20]

The detonation of a nuclear or dirty bomb in the New York City Tri-State area or any other major metropolitan area would inflict serious damage to our country's economy in addition to the terrible tragedy of the human lives involved, and it would be much like the 9/11 attacks.

Securing the Cities is a successful program that can and should be replicated in other areas around the country. That's why language in this bill would expand the program to at least two additional high-risk cities where these capabilities are most needed, therefore leveraging what we already have learned about building defenses against nuclear and radiological weapons in New York City to erect similar security perimeters in and around other cities.

I want to remind our colleagues that the threat of nuclear or radiological terrorism is real. It's not just an academic exercise. It's not just some fiction. It is real. The Weapons of Mass Destruction Commission, the WMD Commission, warned in 2008 that an attack using a weapon of mass destruction was likely to happen somewhere in the world by 2013. Commissioners Graham and Talent, appearing before our committee on April 21 of this year, repeated this warning.

The President's National Security Strategy that was released earlier this year concluded this: ``The American people face no greater or more urgent danger than a terrorist attack with a nuclear weapon. The potential of nuclear or radiological terrorism is a nightmare scenario that we must guard against with every available capability and resource. We believe that authorizing and expanding Securing the Cities will help protect our country, not just New York City but the entire country, from such

a danger.''

Now, let me close, Mr. Speaker, by saying that while I'm pleased we are considering this bill today, I do believe that the House should be considering a comprehensive authorization bill for the Department of Homeland Security. This House has not done so since 2007, with one of the reasons being that we, frankly, have too many committees and subcommittees having jurisdiction over homeland security.

The 9/11 Commission recommended, in 2004, that ``Congress should create a single, principal point of oversight review for homeland security.'' Unfortunately, the current jurisdictional web of congressional oversight under the Department of Homeland Security results in conflicting guidance to the Department and is a serious drain on its time and resources. And, Mr. Speaker, I don't say this as a Republican criticizing the majority in the House. This was true when the Republicans were in control.

It is the remaining recommendation by the 9/11 Commission that has not been enacted into law here by this House.

The chairman and the vice chairman of the 9/11 Commission, Governor Kean and Congressman Hamilton, testified that this jurisdictional maze is unworkable, and they said it could make our country less safe. Those are strong words, but they repeated them in their testimony before our committee.

I hope that we can streamline congressional jurisdiction moving forward so that Congress can enact a comprehensive authorization bill for the Department, which, I say, has not happened since its creation in 2003. The failure to do so jeopardizes our ability to ensure that our Nation's homeland security policies are as robust as they need to be to meet the evolving nature of terrorism.

I want to again thank Chairman THOMPSON, Chairwoman Clarke, and Ranking Member King for all their help in crafting a very good bipartisan bill that strengthens our homeland security capabilities, and I would, of course, urge all my colleagues to support passage of the bill.

Mr. Speaker, I reserve the balance of my time.

4:22 PM EDT

Yvette D. Clarke, D-NY 11th

Ms. CLARKE. Mr. Speaker, I yield 3 minutes to the gentlewoman from Texas, the subcommittee chairwoman of the Transportation Security and Infrastructure Protection Committee of Homeland Security, Ms. Jackson Lee.

4:22 PM EDT

Sheila Jackson-Lee, D-TX 18th

Ms. JACKSON LEE of Texas. I thank the gentlelady who chairs the Subcommittee on Cybersecurity and has done an excellent job. I thank the ranking member that shares that responsibility with her, Mr. LUNGREN.

I rise today to congratulate these members for the Homeland Security Science and Technology Authorization Act of 2010 and to make the point that under Chairman Thompson we have, in actuality, passed more authorization bills on our committee, and particularly those that relate to subcommittees. The Committee on Transportation Security has passed H.R. 2200 and is waiting for action in the Senate.

I join my friend from California and indicate that homeland security is not a partisan issue; it is a bipartisan issue, as he has indicated. And I join him in wondering when we can adhere to the 9/11 Commission report and get a more single-focused review of homeland security in the Homeland Security Committee. I hope that maybe we will have the opportunity to work in a bipartisan manner, to work with the other body, and to really accomplish the idea of maintaining homeland security issues in

the Homeland Security committees, both in the House and the Senate.

This legislation shows what our committee can do under the leadership of Chairwoman CLARKE and Ranking Member LUNGREN to be able to establish a roadmap for Science and Technology. After listening to the oversight findings of the Committee on Homeland Security, the GAO, and the DHS Inspector General, H.R. 4842 requires Science and Technology to establish requirements for how basic and applied homeland security research is identified, prioritized, funded, passed, and evaluated, and

emphasizes the need to prioritize research around risk.

We all know that Science and Technology really is the backbone of our homeland security efforts. It is to keep us ahead of the terrorists who want to do us harm. H.R. 4852 authorizes the establishment of a more quasi-autonomous Testing, Evaluations and Standards Division within S&T to help ensure that technology is properly evaluated.

Additionally, in an effort to foster better collaboration between S&T and the private sector firms--most especially small firms--with promising homeland security technologies, H.R. [Page: H5773]

4842 authorizes the Office of Public-Private Partnerships. I want to congratulate the chairwoman and the ranking member on this issue.

Before my committee, the Subcommittee on Transportation Security, many times small businesses will come before us and really act in angst about the fact that their new technology is languishing at the Department of Homeland Security. Now we have, because of this legislation, the Rapid Review Division that is in charge of establishing an accessible, streamlined system to conduct timely reviews of unsolicited technology proposals in order to more effectively harness the ingenuity of the American

private sector in an area where DHS continues to struggle. It is important that we do that.

4:26 PM EDT

Sheila Jackson-Lee, D-TX 18th

Ms. JACKSON LEE of Texas. I thank the gentlelady for her courtesy.

To be able to help our small businesses is a leap forward, and I congratulate them for this innovative division that will help move these technologies forward. I hope that small businesses are listening. They now have a rapid ear under Science and Technology to listen to them in the Department of Homeland Security.

I am very excited about handheld detectors for the Department of Homeland Security to do rapid detection of biological threats at ports and airports and the dual-use terrorist risks of synthetic genomics.

I think it is also important that we have enhancements to unmanned aerial surveillance technology for safe and effective deployment for border and maritime missions. We had a hearing on this just recently. Many of us questioned the safety or the results-oriented work of that unmanned aerial surveillance being used at the border. We need to have those results, and I believe that this legislation will help us do so.

So this is a great step forward, in addition to the authorization of $20 million for the Securing the Cities program for fiscal year 2011 and directs DNDO, in fiscal year 2012, to add at least two new cities, based on risk, to this radiation detection program in operation in New York City. We all know that the threat of nuclear attacks as a homeland security threat is evident, and radiation detection is crucial for us to be sure that we have a number of elements to assess the potential of that

kind of threat.

This legislation takes advantage of the concerns we all have of making sure our science and technology is an integral part of defending the homeland. I believe this legislation, H.R. 4842, takes a giant leap forward in being part of the work that we do for defending this Nation, the work that is done by this committee, led by Chairman Thompson and Ranking Member KING, and of course the work of this subcommittee, Chairwoman CLARKE and Ranking Member LUNGREN. I thank

them for their work and ask my colleagues to support this legislation, H.R. 4842.

4:28 PM EDT

Yvette D. Clarke, D-NY 11th

Ms. CLARKE. Mr. Speaker, I yield 3 minutes to the gentleman from Oregon (Mr. Wu), who is a leader on the Science and Technology Committee, who worked very closely with our committee to make this legislation a reality. We want to thank him for his leadership in that regard.

[Time: 16:30]

4:28 PM EDT

David Wu, D-OR 1st

Mr. WU. I thank the gentlewoman for her kind comments.

I rise in support of the Homeland Security Science and Technology Authorization Act of 2010, which reauthorizes [Page: H5774]

the activities of the Science and Technology Directorate and the DNDO at the Department of Homeland Security.

As the chair of the Science and Technology Committee's Subcommittee on Technology and Innovation, I very much appreciate the important role that technology plays in empowering DHS to carry out its very, very important mission. The Science and Technology Directorate is responsible for ensuring that those who are responsible for keeping us safe have the best tools and the most up-to-date technologies to get their job done.

Over the last year and a half, my subcommittee, the Technology and Innovation Subcommittee, has held multiple hearings on the work being carried out by the Science and Technology Directorate and the DNDO. Through these hearings, we were able to identify critical areas where the directorate could use new tools or, in some cases, new direction to help it achieve its mission effectively and efficiently.

I look forward to working with the Homeland Security Committee to address some of the issues that arose during my subcommittee's hearings, particularly those relating to the public's acceptance of new technologies.

For example, I remain very concerned about TSA's decision to spend hundreds of millions of dollars to deploy full-body scanners in airports across the country without fully understanding the potential reluctance of the public to accept these technologies. This research into acceptance should be done before purchase to avoid wasting taxpayer money.

I want to thank Chairman THOMPSON, Chairwoman CLARKE, Ranking Member KING, and Ranking Member Lungren for their work on this important legislation.

I am pleased that our committees were able to work together over the last couple of months to craft this important bipartisan legislation, and I hope that this reauthorization bill will improve the way the Department sets priorities for its research and involves the end users of equipment to ensure that new technology is actually deployable and usable in the field. This has been a gaping shortfall to date.

The reauthorization bill we are considering today takes important steps forward in improving the research and development conducted by DHS, and I look forward to having the Science and Technology Committee work with the chairwoman's subcommittee in exercising our oversight and in continuing to improve the vital research capacity at the Department of Homeland Security.

4:31 PM EDT

Steve Austria, R-OH 7th

Mr. AUSTRIA. I thank the gentleman from California for yielding.

Mr. Speaker, I rise in support of H.R. 4842, the Homeland Security Science and Technology Authorization Act of 2010. This bipartisan legislation is the first authorization bill for the Science and Technology Directorate of the Department of Homeland Security since the Department was created in 2002.

The Science and Technology Directorate is a critical component within the Department of Homeland Security as it works in collaboration with national laboratories, universities and other public and private entities to develop the technologies needed to address our Nation's security needs.

The Homeland Security Committee included an important amendment to this bill. It would add ``medical readiness and community resiliency for health care critical infrastructure'' to the existing criteria for the university-based Homeland Security Centers of Excellence program. In bringing together leading experts and researchers in university-based settings, the Centers of Excellence program has been successful in facilitating the development of homeland security solutions.

While this program does a good job in strengthening

the use of technology and the role of our first responders, such as law enforcement officers, firefighters and EMTs, when it comes to recovering from and responding to a man-made or natural disaster, it currently lacks a distinct focus on medical readiness and community resiliency for existing health care critical infrastructure.

First responders and medical care providers are critical to our Nation's ability to recover from a terrorist attack or from a natural disaster, and they deserve our support and the support of the Department of Homeland Security. In adding medical readiness to the criteria for the university-based Homeland Security Centers of Excellence program, this gap will be addressed, further advancing our country's homeland security initiatives.

Again, I strongly support this important and much needed piece of legislation.

I would like to thank Chairwoman CLARKE and Ranking Member LUNGREN for their hard work as well as Chairman Thompson and Ranking Member King.

4:34 PM EDT

Dan Lungren, R-CA 3rd

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I would just like to say in my remaining time that I hope that this is a unanimous vote in support of this legislation. It gives a framework to the S&T directorate, and it is an assertion of the proper jurisdiction of this committee and of this House, and I do believe this moves us in the right direction.

I have no further requests for time, and I yield back the balance of my time.

4:34 PM EDT

Yvette D. Clarke, D-NY 11th

Ms. CLARKE. I yield myself such time as I may consume.

Mr. Speaker, I urge my colleagues to support this important Homeland Security legislation. This legislation authorizes a program that has been very instrumental in keeping the City of New York and its environs safe, and that is securing the city. This initiative has proven to be an effective tool, and we are looking forward to a whole range of other important R&D programs to come forth as a result of this reauthorization. Securing the city should be expanded and will be expanded through this

authorization to other environs throughout this Nation that could use that level of security through our efforts, as has been the case with securing the cities.

So I am urging my colleagues, once again, to make sure that this authorization passes.