H. Rept. 114-372 - DHS SCIENCE AND TECHNOLOGY REFORM AND IMPROVEMENT ACT OF 2015114th Congress (2015-2016)
Committee Report
| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.3578 |
| Committees: |
H. Rept. 114-372 - 114th Congress (2015-2016)
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House Report 114-372 - DHS SCIENCE AND TECHNOLOGY REFORM AND IMPROVEMENT ACT OF 2015
[House Report 114-372]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-372
======================================================================
DHS SCIENCE AND TECHNOLOGY REFORM AND IMPROVEMENT ACT OF 2015
_______
December 8, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 3578]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3578) to amend the Homeland Security Act of 2002
to strengthen and make improvements to the Directorate of
Science and Technology of the Department of Homeland Security,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Science and Technology Reform and
Improvement Act of 2015''.
SEC. 2. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY.
(a) In General.--Title III of the Homeland Security Act of 2002 is
amended--
(1) in section 301 (6 U.S.C. 181)--
(A) by striking ``There'' and inserting the
following:
``(a) In General.--There''; and
(B) by adding at the end the following new
subsection:
``(b) Mission.--The Directorate of Science and Technology shall be
the primary research, development, testing, and evaluation arm of the
Department, responsible for coordinating the research, development,
testing, and evaluation of the Department to strengthen the security
and resiliency of the United States. The Directorate shall--
``(1) develop and deliver knowledge, analyses, and innovative
solutions that are responsive to homeland security capability
gaps identified by components and offices of the Department,
the first responder community, and the Homeland Security
Enterprise (as such term is defined in section 322) and that
can be integrated into operations of the Department;
``(2) seek innovative, system-based solutions to complex
homeland security problems; and
``(3) build partnerships and leverage technology solutions
developed by other Federal agencies and laboratories, State,
local, and tribal governments, universities, and the private
sector.'';
(2) in section 302 (6 U.S.C. 182)--
(A) in the matter preceding paragraph (1), by
striking ``The Secretary, acting through the Under
Secretary for Science and Technology, shall'' and
inserting the following:
``(a) In General.--The Secretary, acting through the Under Secretary
for Science and Technology, shall carry out the mission described in
subsection (b) of section 301 and shall'';
(B) in subsection (a), as so designated by
subparagraph (A) of this paragraph--
(i) in paragraph (1), by inserting ``and
serving as the senior scientific advisor to the
Secretary'' before the semicolon at the end;
(ii) in paragraph (2)--
(I) by striking ``national'';
(II) by striking ``biological,,'' and
inserting ``biological,''; and
(III) by inserting ``that may serve
as a basis of a national strategy''
after ``terrorist threats'';
(iii) in paragraph (3), by striking ``the
Under Secretary for Intelligence and Analysis
and the Assistant Secretary for Infrastructure
Protection'' and inserting ``components and
offices of the Department'';
(iv) in paragraph (4), by striking ``except
that such responsibility does not extend to
human health-related research and development
activities'' and inserting the following:
``including coordinating with relevant
components and offices of the Department
appropriate to--
``(A) identify and prioritize technical capability
requirements and create solutions that include
researchers, the private sector, and operational end
users, and
``(B) develop capabilities to address issues on
research, development, testing, evaluation, technology,
and standards for the first responder community,
except that such responsibility does not extend to the human
health-related research and development activities''.
(v) in paragraph (5)(A), by striking
``biological,,'' and inserting ``biological,'';
(vi) by amending paragraph (12) to read as
follows:
``(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation activities
of the Department, including through a centralized Federal
clearinghouse established pursuant to paragraph (1) of section
313(b) for information relating to technologies that would
further the mission of the Department, and providing advice, as
necessary, regarding major acquisition programs;''.
(vii) in paragraph (13), by striking ``and''
at the end;
(viii) in paragraph (14), by striking the
period at the end and inserting a semicolon;
and
(ix) by adding at the end the following new
paragraphs:
``(15) establishing a process that--
``(A) includes consideration by Directorate
leadership, senior component leadership, first
responders, and outside expertise;
``(B) is strategic, transparent, and repeatable with
a goal of continuous improvement;
``(C) through which research and development projects
undertaken by the Directorate are assessed on a regular
basis; and
``(D) includes consideration of metrics to ensure
research and development projects meet Directorate and
Department goals and inform departmental budget and
program planning;
``(16) developing and overseeing the administration of
guidelines for periodic external review of departmental
research and development programs or activities, including
through--
``(A) consultation with experts, including scientists
and practitioners, regarding the research and
development activities conducted by the Directorate of
Science and Technology; and
``(B) biennial 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;
``(17) partnering with components and offices of the
Department to develop and deliver knowledge, analyses, and
innovative solutions that are responsive to identified homeland
security capability gaps and raise the science-based, analytic
capability and capacity of appropriate individuals throughout
the Department by providing guidance on how to better identify
homeland security capability gaps that may be addressed through
a technological solution and by partnering with such components
and offices to--
``(A) support technological assessments of major
acquisition programs throughout the acquisition
lifecycle;
``(B) help define appropriate technological
requirements and perform feasibility analysis;
``(C) assist in evaluating new and emerging
technologies against capability gaps;
``(D) support evaluation of alternatives;
``(E) improve the use of technology Department-wide;
and
``(F) provide technical assistance in the development
of acquisition lifecycle cost for technologies;
``(18) acting as a coordinating office for technology
development for the Department by helping components and
offices define technological requirements, and building
partnerships with appropriate entities (such as within the
Department and with other Federal agencies and laboratories,
State, local, and tribal governments, universities, and the
private sector) to help each such component and office attain
the technology solutions it needs; and
``(19) coordinating with organizations that provide venture
capital to businesses, particularly small businesses, as
appropriate, to assist in the commercialization of innovative
homeland security technologies that are expected to be ready
for commercialization in the near term and within 36 months.'';
and
(C) by adding at the end the following new
subsection:
``(b) Review of Responsibilities.--Not later than 180 days after the
date of the enactment of this subsection, the Under Secretary for
Science and Technology shall submit to the appropriate congressional
committees a report on the implementation of paragraphs (2) (including
how the policy and strategic plan under such paragraph may serve as a
basis for a national strategy referred to in such paragraph), (11),
(12), (13), (16), and (17) of subsection (a).'';
(3) in section 303(1) (6 U.S.C. 183(1)), by striking
subparagraph (F);
(4) in section 305 (6 U.S.C. 185)--
(A) by striking ``The'' and inserting the following:
``(a) Establishment.--The''; and
(B) by adding at the end the following new
subsection:
``(b) Conflicts of Interest.--The Secretary shall review and revise,
as appropriate, the policies of the Department relating to personnel
conflicts of interest to ensure that such policies specifically address
employees of federally funded research and development centers
established pursuant to subsection (a) who are in a position to make or
materially influence research findings or agency decision making.'';
(5) in section 306 (6 U.S.C. 186)--
(A) in subsection (c), by adding at the end the
following new sentence: ``If such regulations are
issued, the Under Secretary shall report to the
appropriate congressional committees prior to such
issuance.''; and
(B) by amending subsection (d) to read as follows:
``(d) Personnel.--In hiring personnel for the Directorate of Science
and Technology, the Secretary shall have the hiring and management
authorities described in section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note;
Public Law 105-261). The term of appointments for employees under
subsection (c)(1) of such section may not exceed five years before the
granting of any extension under subsection (c)(2) of such section.'';
(6) in section 308 (6 U.S.C. 188)--
(A) in subsection (b)(2)--
(i) in subparagraph (B)--
(I) in clause (iv), by striking ``and
nuclear countermeasures or detection''
and inserting ``nuclear, and explosives
countermeasures or detection (which may
include research into remote sensing
and remote imaging)''; and
(II) by adding after clause (xiv) the
following new clause:
``(xv) Cybersecurity.''; and
(ii) by amending subparagraph (D) to read as
follows:
``(D) Annual report to congress.--Not later than one
year after the date of the enactment of this
subparagraph and annually thereafter, the Secretary
shall submit to Congress a report on the implementation
of this section. Each such report shall--
``(i) indicate which center or centers have
been designated pursuant to this section;
``(ii) describe how such designation or
designations enhance homeland security;
``(iii) provide information on any decisions
to revoke or modify such designation or
designations;
``(iv) describe research that has been tasked
and completed by each center that has been
designated during the preceding year;
``(v) describe funding provided by the
Secretary for each center under clause (iv) for
that year; and
``(vi) describe plans for utilization of each
center or centers in the forthcoming year.'';
and
(B) by adding at the end 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) through the Under Secretary for Science and
Technology, serve as an adviser to the Secretary and
the Under Secretary of Management on all test and
evaluation or standards activities in the Department;
and
``(B) shall--
``(i) establish and update as necessary test
and evaluation policies for the Department,
including 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 and
offices of the Department with respect to major
acquisition programs of the Department, as
designated by the Secretary, based on risk,
acquisition level, novelty, complexity, and
size of any such 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 and offices of the
Department, including test and evaluation
activities planned or conducted pursuant to
clause (ii); 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) Limitation.--The Test, Evaluation, and Standards
Division is not required to carry out operational testing of
major acquisition programs.
``(5) 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 such technologies can
be leveraged to address homeland security capability gaps.'';
(7) in section 309(a) (6 U.S.C. 189(a)), by adding at the end
the following new paragraph:
``(3) Treatment of certain funds.--Notwithstanding any other
provision of law, any funds provided to a Department of Energy
national laboratory by the Department may not be treated as an
assisted acquisition.'';
(8) in section 310 (6 U.S.C. 190), by adding at the end the
following new subsection:
``(e) Successor Facility.--Any successor facility to the Plum Island
Animal Disease Center, including the National Bio and Agro-Defense
Facility (NBAF) under construction as of the date of the enactment of
this subsection, which is intended to the replace the Plum Island
Animal Disease Center shall be subject to the requirements of this
section in the same manner and to the same extent as the Plum Island
Animal Disease Center under this section.'';
(9) in section 311 (6 U.S.C. 191)--
(A) in subsection (b)--
(i) in paragraph (1), in the first sentence--
(I) by striking ``20 members'' and
inserting ``not fewer than 15 members
and not more than 30 members''; and
(II) by inserting ``academia,
national labs, private industry, and''
after ``representatives of'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following new paragraph:
``(2) Subcommittees.--The Advisory Committee may establish
subcommittees that focus on research and development
challenges, as appropriate.'';
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``on a
rotating basis'' before the period at the end;
(ii) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
and
(iii) in paragraph (2), as so redesignated,
by striking ``be appointed'' and inserting
``serve'';
(C) in subsection (e), in the second sentence, by
striking ``the call of'';
(D) in subsection (h)--
(i) in paragraph (1)--
(I) in the first sentence--
(aa) by striking ``render''
and inserting ``submit''; and
(bb) by striking ``Congress''
and inserting ``the appropriate
congressional committees'';
(II) in the second sentence, by
inserting ``, and incorporate the
findings and recommendations of the
Advisory Committee subcommittees,''
before ``during''; and
(ii) in paragraph (2)--
(I) striking ``render'' and inserting
``submit''; and
(II) by striking ``Congress'' and
inserting ``the appropriate
congressional committees'';
(E) in subsection (i), by inserting before the period
at the end the following: ``, except that the Advisory
Committee shall file a charter with Congress every two
years in accordance with subsection (b)(2) of such
section 14'';
(F) in subsection (j), by striking ``2008'' and
inserting ``2020'';
(10) in section 313 (6 U.S.C. 193)--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Application of Program.--The Secretary, acting through the
Under Secretary for Science and Technology, shall use the program
established under subsection (a) to--
``(1) enhance the cooperation between components and offices
of the Department on projects that have similar goals,
timelines, or outcomes;
``(2) ensure the coordination of technologies to eliminate
unnecessary duplication of research and development;
``(3) ensure technologies are accessible for component and
office use on a Department website; and
``(4) carry out any additional purpose the Secretary
determines necessary.'';
(11) by adding after section 317 (6 U.S.C. 195c) the
following new sections:
``SEC. 318. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND
DEVELOPMENT.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Under Secretary for Science and
Technology shall establish a process to define, identify, prioritize,
fund, and task the basic and applied homeland security research and
development activities of the Directorate of Science and Technology to
meet the needs of the components and offices of the Department, the
first responder community, and the Homeland Security Enterprise (as
such term is defined in section 322).
``(b) Process.--The process established under subsection (a) shall--
``(1) be responsive to near-, mid-, and long-term needs,
including unanticipated needs to address emerging threats;
``(2) utilize gap analysis and risk assessment tools where
available and applicable;
``(3) include protocols to assess--
``(A) 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 such capability gap; and
``(B) communication and collaboration for research
and development activities pursued by other executive
agencies, to determine if technology can be leveraged
to identify and address homeland security capability
gaps and avoid unnecessary duplication of efforts;
``(4) provide for documented and validated research and
development requirements;
``(5) strengthen first responder participation to identify
and prioritize 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 and offices of the Department; and
``(B) establishing and promoting a publicly
accessible portal to allow the first responder
community to help the Directorate of Science and
Technology develop homeland security research and
development goals;
``(6) institute a mechanism to publicize the Department's
homeland security technology priorities for the purpose of
informing Federal, State, and local governments, first
responders, and the private sector;
``(7) establish considerations to be used by the Directorate
in selecting appropriate research entities, including the
national laboratories, federally funded research and
development centers, university-based centers, and the private
sector, to carry out research and development requirements;
``(8) incorporate feedback derived as a result of the
mechanism established in section 323, ensuring the Directorate
is utilizing regular communication with components and offices
of the Department; and
``(9) include any other criteria or measures the Under
Secretary for Science and Technology considers necessary for
the identification and prioritization of research requirements.
``SEC. 319. DEVELOPMENT OF DIRECTORATE STRATEGY AND RESEARCH AND
DEVELOPMENT PLAN.
``(a) Strategy.--
``(1) In general.--Not later than one year after the date of
the enactment of this section, the Under Secretary for Science
and Technology shall develop and submit to the appropriate
congressional committees a strategy to guide the activities of
the Directorate of Science and Technology. Such strategy shall
be updated at least once every five years and shall identify
priorities and objectives for the development of science and
technology solutions and capabilities addressing homeland
security operational needs. Such strategy shall include the
coordination of such priorities and activities within the
Department. Such strategy shall take into account the
priorities and needs of stakeholders in the Homeland Security
Enterprise (as such term is defined in section 322). In
developing such strategy, efforts shall be made to support
collaboration and avoid unnecessary duplication across the
Federal Government. Such strategy shall be risk-based and
aligned with other strategic guidance provided by--
``(A) the National Strategy for Homeland Security;
``(B) the Quadrennial Homeland Security Review; and
``(C) any other relevant strategic planning
documents, as determined by the Under Secretary.
``(2) Contents.--The strategy required under paragraph (1)
shall be prepared in accordance with applicable Federal
requirements and guidelines, and shall include the following:
``(A) An identification of the long-term strategic
goals, objectives, and metrics of the Directorate.
``(B) A technology transition strategy for the
programs of the Directorate.
``(C) Short- and long-term strategic goals, and
objectives for increasing the number of designations
and certificates issued under subtitle G of title VIII,
including cybersecurity technologies that could
significantly reduce, or mitigate the effects of,
cybersecurity risks (as such term is defined in
subsection (a)(1) of the second section 226, relating
to the national cybersecurity and communications
integration center), without compromising the quality
of the evaluation of applications for such designations
and certificates.
``(b) Five-year Research and Development Plan.--
``(1) In general.--The Under Secretary for Science and
Technology shall develop, and update at least once every five
years, a five-year research and development plan for the
activities of the Directorate of Science and Technology. The
Under Secretary shall develop the first such plan by the date
that is not later than one year after the date of the enactment
of this section.
``(2) Contents.--Each five-year research and development plan
developed and revised under subsection (a) shall--
``(A) define the Directorate of Science and
Technology's research, development, testing, and
evaluation activities, priorities, performance metrics,
and key milestones and deliverables for, as the case
may be, the five-fiscal-year period from 2016 through
2020, and for each five-fiscal-year period thereafter;
``(B) describe, for the activities of the strategy
developed under subsection (a), the planned annual
funding levels for the period covered by each such
five-year research and development plan;
``(C) indicate joint investments with other Federal
partners where applicable, and enhanced coordination
with organizations as specified in paragraph (19) of
section 302, as appropriate;
``(D) analyze how the research programs of the
Directorate support achievement of the strategic goals
and objectives identified in the strategy required
under subsection (a);
``(E) describe how the activities and programs of the
Directorate meet the requirements or homeland security
capability gaps identified by customers within and
outside of the Department, including the first
responder community; and
``(F) describe the policies of the Directorate
regarding the management, organization, and personnel
of the Directorate.
``(3) Scope.--The Under Secretary for Science and Technology
shall ensure that each five-year research and development plan
developed and revised under subsection (a)--
``(A) reflects input from a wide range of
stakeholders; and
``(B) takes into account how research and development
by other Federal, State, private sector, and nonprofit
institutions contributes to the achievement of the
priorities identified in each plan, and avoids
unnecessary duplication with such efforts.
``(4) Reports.--At the time the President submits each annual
budget request under section 1105(a) of title 31, United States
Code, the Under Secretary for Science and Technology shall
submit to the appropriate congressional committees a report on
the status and results to date of implementation of the current
five-year research and development plan, including--
``(A) a summary of the research and development
activities for the previous fiscal year in each topic
area, including such activities to address homeland
security risks, including threats, vulnerabilities, and
consequences, and a summary of the coordination
activities undertaken by the Directorate of Science and
Technology for components and offices of the
Department, together with the results of the process
specified in paragraph (15) of section 302;
``(B) clear links between the Directorate's budget
and each topic area or program, including those topic
areas or programs to address homeland security risks,
including threats, vulnerabilities, and consequences,
specifying which topic areas or programs fall under
which budget lines, and clear links between Directorate
coordination work and priorities and annual
expenditures for such work and priorities, including
joint investments with other Federal partners, where
applicable;
``(C) an assessment of progress of the research and
development activities based on the performance metrics
and milestones set forth in such plan; and
``(D) any changes to such plan.
``SEC. 320. MONITORING OF PROGRESS.
``(a) In General.--The Under Secretary for Science and Technology
shall establish and utilize a system to track the progress of the
research, development, testing, and evaluation activities undertaken by
the Directorate of Science and Technology, and shall provide to the
appropriate congressional committees and customers of such activities,
at a minimum on a biannual basis, regular updates on such progress.
``(b) Requirements.--In order to provide the progress updates
required under subsection (a), the Under Secretary for Science and
Technology shall develop a system that--
``(1) monitors progress toward project milestones identified
by the Under Secretary;
``(2) maps progress toward deliverables identified in each
five-year research and development plan required under section
319(b);
``(3) generates up-to-date reports to customers that
transparently disclose the status and progress of research,
development, testing, and evaluation efforts of the Directorate
of Science and Technology; and
``(4) allows the Under Secretary to report the number of
products and services developed by the Directorate that have
been transitioned into acquisition programs and resulted in
successfully fielded technologies.
``(c) Evaluation Methods.--
``(1) External input, consultation, and review.--The Under
Secretary for Science and Technology shall implement procedures
to engage outside experts to assist in the evaluation of the
progress of research, development, testing, and evaluation
activities of the Directorate of Science and Technology,
including through--
``(A) consultation with experts, including scientists
and practitioners, to gather independent expert peer
opinion and advice on a project or on specific issues
or analyses conducted by the Directorate; and
``(B) periodic, independent, external review to
assess the quality and relevance of the Directorate's
programs and projects.
``(2) Component feedback.--The Under Secretary for Science
and Technology shall establish a formal process to collect
feedback from customers of the Directorate of Science and
Technology on the performance of the Directorate that
includes--
``(A) appropriate methodologies through which the
Directorate can assess the quality and usefulness of
technology and services delivered by the Directorate;
``(B) development of metrics for measuring the
usefulness of any technology or service provided by the
Directorate; and
``(C) standards for high-quality customer service.
``SEC. 321. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology and the Under Secretary for
Management, shall establish a fellows program, to be known as the
Homeland Security Science and Technology Fellows Program (in this
section referred to as the `Program'), under which the Under Secretary
for Science and Technology, in coordination with the Office of
University Programs of the Department, shall facilitate the placement
of fellows in relevant scientific or technological fields for up to two
years in components and offices of the Department with a need for
scientific and technological expertise.
``(b) Utilization of Fellows.--
``(1) In general.--Under the Program, the Department may
employ fellows--
``(A) for the use of the Directorate of Science and
Technology; or
``(B) for the use of a component or office of the
Department outside the Directorate, under a memorandum
of agreement with the head of such a component or
office under which such component or office will
reimburse the Directorate for the costs of such
employment.
``(2) Responsibilities.--Under an agreement referred to in
subparagraph (B) of paragraph (1)--
``(A) the Under Secretary for Science and Technology
and the Under Secretary for Management shall--
``(i) solicit and accept applications from
individuals who are currently enrolled in or
who are graduates of postgraduate programs in
scientific and engineering fields related to
the promotion of securing the homeland or
critical infrastructure sectors;
``(ii) screen applicants and interview them
as appropriate to ensure that such applicants
possess the appropriate level of scientific and
engineering expertise and qualifications;
``(iii) provide a list of qualified
applicants to the heads of components and
offices of the Department seeking to utilize
qualified fellows;
``(iv) subject to the availability of
appropriations, pay financial compensation to
such fellows;
``(v) coordinate with the Chief Security
Officer to facilitate and expedite provision of
security and suitability clearances to such
fellows, as appropriate; and
``(vi) otherwise administer all aspects of
the employment of such fellows with the
Department; and
``(B) the head of the component or office of the
Department utilizing a fellow shall--
``(i) select such fellow from the list of
qualified applicants provided by the Under
Secretary;
``(ii) reimburse the Under Secretary for the
costs of employing such fellow, including
administrative costs; and
``(iii) be responsible for the day-to-day
management of such fellow.
``(c) Applications From Nonprofit Organizations.--The Under Secretary
for Science and Technology may accept an application under subsection
(b)(2)(A) that is submitted by a nonprofit organization on behalf of
individuals whom such nonprofit organization has determined may be
qualified applicants under the Program.
``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and Technology
shall support research, development, testing, evaluation, and
transition of cybersecurity technology, including fundamental research
to improve the sharing of information, analytics, and methodologies
related to cybersecurity risks and incidents, consistent with current
law.
``(b) Activities.--The research and development supported under
subsection (a) shall serve the components of the Department and shall--
``(1) advance the development and accelerate the deployment
of more secure information systems;
``(2) improve and create technologies for detecting attacks
or intrusions, including real-time continuous diagnostics 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 information systems;
``(4) support, in coordination with private sector, the
review of source code that underpins critical infrastructure
information systems;
``(5) 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;
``(6) assist the development and support of technologies to
reduce vulnerabilities in industrial control systems; and
``(7) develop and support cyber forensics and attack
attribution.
``(c) Coordination.--In carrying out this section, the Under
Secretary for Science and Technology shall coordinate activities with--
``(1) the Under Secretary appointed pursuant to section
103(a)(1)(H);
``(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, the Networking and Information Technology Research
and Development Program Office, Sector Specific Agencies for
critical infrastructure, and other appropriate working groups
established by the President to identify unmet needs and
cooperatively support activities, as appropriate; and
``(3) industry and academia.
``(d) Transition to Practice.--The Under Secretary for Science and
Technology shall support projects through the full life cycle of such
projects, including research, development, testing, evaluation, pilots,
and transitions. The Under Secretary shall identify mature technologies
that address existing imminent cybersecurity gaps in public or private
information systems and networks of information systems, identify and
support necessary improvements identified during pilot programs and
testing and evaluation activities, and introduce new cybersecurity
technologies throughout the Homeland Security Enterprise through
partnerships and commercialization. The Under Secretary shall target
federally funded cybersecurity research that demonstrates a high
probability of successful transition to the commercial market within
two years and that is expected to have notable impact on the
cybersecurity of the information systems or networks of information
systems of the United States.
``(e) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk' has
the meaning given such term in the second section 226, relating
to the national cybersecurity and communications integration
center.
``(2) Homeland security enterprise.--The term `Homeland
Security Enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and tribal government
officials, private sector representatives, academics, and other
policy experts.
``(3) Incident.--The term `incident' has the meaning given
such term in the second section 226, relating to the national
cybersecurity and communications integration center.
``(4) Information system.--The term `information system' has
the meaning given that term in section 3502(8) of title 44,
United States Code.
``SEC. 323. INTEGRATED PRODUCT TEAMS.
``(a) In General.--The Secretary shall establish integrated product
teams to serve as a central mechanism for the Department to identify,
coordinate, and align research and development efforts with
departmental missions. Each team shall be managed by the Under
Secretary for Science and Technology and the relevant senior leadership
of operational components, and shall be responsible for the following:
``(1) Identifying and prioritizing homeland security
capability gaps within a specific mission area and
technological solutions to address such gaps.
``(2) Identifying ongoing departmental research and
development activities and component acquisitions of
technologies that are outside of departmental research and
development activities to address a specific mission area.
``(3) Assessing the appropriateness of a technology to
address a specific mission area.
``(4) Identifying unnecessary redundancy in departmental
research and development activities within a specific mission
area.
``(5) Informing the Secretary and the annual budget process
regarding whether certain technological solutions are able to
address homeland security capability gaps within a specific
mission area.
``(b) Congressional Oversight.--Not later than two years after the
date of enactment of this section, the Secretary shall provide to the
appropriate congressional committees information on the impact and
effectiveness of the mechanism described in subsection (a) on research
and development efforts, component relationships, and how the process
has informed the research and development budget and enhanced decision
making, including acquisition decision making, at the Department. The
Secretary shall seek feedback from the Under Secretary for Science and
Technology, Under Secretary for Management, and the senior leadership
of operational components regarding the impact and effectiveness of
such mechanism and include such feedback in the information provided
under this subsection.
``SEC. 324. HOMELAND SECURITY-STEM SUMMER INTERNSHIP PROGRAM.
``(a) In General.--The Under Secretary for Science and Technology
shall establish a Homeland Security-STEM internship program (in this
section referred to as the `program') to carry out the objectives of
this subtitle.
``(b) Program.--The program shall provide students with exposure to
Department mission-relevant research areas to encourage such students
to pursue STEM careers in homeland security related fields. Internships
offered under the program shall be for up to ten weeks during the
summer.
``(c) Eligibility.--The Under Secretary for Science and Technology
shall develop criteria for participation in the program, including the
following:
``(1) At the time of application, an intern shall--
``(A) have successfully completed not less than one
academic year of study at an institution of higher
education in a STEM field;
``(B) be enrolled in a course of study in a STEM
field at an institution of higher education; and
``(C) plan to continue such course of study or pursue
an additional course of study in a STEM field at an
institution of higher education in the academic year
following the internship.
``(2) An intern shall be pursuing career goals aligned with
the Department's mission, goals, and objectives.
``(3) Any other criteria the Under Secretary determines
appropriate.
``(d) Cooperation.--The program shall be administered in cooperation
with the university-based centers for homeland security under section
308. Interns in the program shall be provided hands-on research
experience and enrichment activities focused on Department research
areas.
``(e) Academic Requirements; Operation.--The Under Secretary for
Science and Technology shall determine the academic requirements, other
selection criteria, and standards for successful completion of each
internship period in the program. The Under Secretary shall be
responsible for the design, implementation, and operation of the
program.
``(f) Research Mentors.--The Under Secretary for Science and
Technology shall ensure that each intern in the program is assigned a
research mentor to act as counselor and advisor and provide career-
focused advice.
``(g) Outreach to Certain Under-represented Students.--The Under
Secretary for Science and Technology shall conduct outreach to students
who are members of groups under-represented in STEM careers to
encourage their participation in the program.
``(h) Institution of Higher Education Defined.--In this section, the
term `institution of higher education' has the meaning given the term
in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002),
except that the term does not include institutions described in
subparagraph (C) of such section 102(a)(1).''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect on the date that is 30 days after the date of the enactment of
this section.
(c) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 317 the following new items:
``Sec. 318. Identification and prioritization of research and
development.
``Sec. 319. Development of Directorate strategy and research and
development plan.
``Sec. 320. Monitoring of progress.
``Sec. 321. Homeland Security Science and Technology Fellows Program.
``Sec. 322. Cybersecurity research and development.
``Sec. 323. Integrated product teams.
``Sec. 324. Homeland Security-STEM summer internship program.''.
(d) Research and Development Projects.--Section 831 of the Homeland
Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``2015'' and inserting ``2020'';
(B) in paragraph (1), by striking the last sentence;
and
(C) by adding at the end the following new paragraph:
``(3) Prior approval.--In any case in which a component or
office of the Department seeks to utilize the authority under
this section, such office or component shall first receive
prior approval from the Secretary by providing to the Secretary
a proposal that includes the rationale for the use of such
authority, the funds to be spent on the use of such authority,
and the expected outcome for each project that is the subject
of the use of such authority. In such a case, the authority for
evaluating the proposal may not be delegated by the Secretary
to anyone other than the Under Secretary for Management.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``2015'' and inserting
``2020''; and
(B) by amending paragraph (2) to read as follows:
``(2) Report.--The Secretary shall annually submit to the
appropriate congressional committees a report detailing the
projects for which the authority granted by subsection (a) was
used, the rationale for such use, the funds spent using such
authority, the extent of cost-sharing for such projects among
Federal and non-federal sources, the extent to which use of
such authority has addressed a homeland security capability gap
identified by the Department, the total amount of payments, if
any, that were received by the Federal Government as a result
of the use of such authority during the period covered by each
such report, the outcome of each project for which such
authority was used, and the results of any audits of such
projects.''; and
(3) by adding at the end the following new subsections:
``(e) Training.--The Secretary shall develop a training program for
acquisitions staff in the use of other transaction authority to help
ensure the appropriate use of such authority.
``(f) Other Transaction Authority Defined.--In this section, the term
`other transaction authority' means authority under subsection (a).''.
(e) Amendment to Definition.--Paragraph (2) of subsection (a) of the
second section 226 of the Homeland Security Act of 2002 (6 U.S.C. 148;
relating to the national cybersecurity and communications integration
center) is amended to read as follows:
``(2) Incident.--The term `incident' means an occurrence that
actually or imminently jeopardizes, without lawful authority,
the integrity, confidentiality, or availability of information
on an information system, or actually or imminently
jeopardizes, without lawful authority, an information
system.''.
(f) GAO Study of University-based Centers.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall initiate a study to assess the university-
based centers for homeland security program authorized by
section 308(b)(2) of the Homeland Security Act of 2002 (6
U.S.C. 188(b)(2)), and provide recommendations to the Committee
on Homeland Security and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate for
appropriate improvements.
(2) Subject matters.--The study required under subsection (a)
shall include the following:
(A) A review of the Department of Homeland Security's
efforts to identify key areas of study needed to
support the homeland security mission, and criteria
that the Department utilized to determine such key
areas for which the Department should maintain,
establish, or eliminate university-based centers.
(B) 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 of Homeland
Security, including a review of how university-based
research is identified, prioritized, and funded.
(C) A review of selection criteria for designating
university-based centers and a weighting of such
criteria.
(D) An examination of best practices from other
departments' and agencies' efforts to organize and use
university-based research to support their missions.
(E) A review of the Department of Homeland Security'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.
(F) 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
of Science and Technology of the Department of Homeland
Security.
(G) An assessment of the interrelationship between
the different university-based centers and the degree
to which outreach and collaboration among a diverse
array of academic institutions is encouraged by the
Department of Homeland Security, particularly with
historically Black colleges and universities and
minority-serving institutions.
(H) A review of any other essential elements of the
programs determined in the conduct of the study.
(g) Prize Authority.--The Under Secretary for Science and Technology
of the Department of Homeland Security shall utilize, as appropriate,
prize authority granted pursuant to current law.
(h) Prohibition on New Funding.--No funds are authorized to be
appropriated to carry out this section and the amendments made by this
section. Such section and amendments shall be carried out using amounts
otherwise appropriated or made available for such purposes.
CONTENTS
Page
Purpose and Summary.............................................. 12
Background and Need for Legislation.............................. 12
Hearings......................................................... 15
Committee Consideration.......................................... 15
Committee Votes.................................................. 16
Committee Oversight Findings..................................... 16
New Budget Authority, Entitlement Authority, and Tax Expenditures 16
Congressional Budget Office Estimate............................. 16
Statement of General Performance Goals and Objectives............ 17
Duplicative Federal Programs..................................... 18
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 18
Federal Mandates Statement....................................... 18
Preemption Clarification......................................... 18
Disclosure of Directed Rule Makings.............................. 19
Advisory Committee Statement..................................... 19
Applicability to Legislative Branch.............................. 19
Section-by-Section Analysis of the Legislation................... 19
Changes in Existing Law Made by the Bill, as Reported............ 26
Purpose and Summary
The purpose of H.R. 3578 is to amend the Homeland Security
Act of 2002 to strengthen and make improvements to the
Directorate of Science and Technology of the Department of
Homeland Security, and for other purposes.
The DHS Science and Technology Reform and Improvement Act
of 2015 makes tailored improvements to how the Science and
Technology Directorate of the Department of Homeland Security
carries out its responsibility to conduct research and
development. No new funding is authorized in this legislation.
Background and Need for Legislation
The Department of Homeland Security's Directorate of
Science and Technology (DHS S&T) was established by Congress in
Title III of the Homeland Security Act (HSA) of 2002. DHS S&T
is the primary research and development arm of DHS. The
Directorate manages basic and applied research and development
of science and technology for the Department's operational
components and first responders that protect the Homeland. DHS
S&T conducts basic and applied research, development,
demonstration, testing, and evaluation activities relevant to
DHS.
Threats and technologies are always changing. DHS S&T
monitors those threats and utilizes technological advancements
to develop and deliver solutions and to address critical needs
of the Homeland Security Enterprise. DHS S&T focuses its work
in six primary areas: first responders, borders and maritime
security, cybersecurity, chemical and biological defense,
explosives, and resilience. The Directorate is organized into
four groups that work together to ensure each aspect of the
Directorate's work (operational analyses, requirements
generation, test and evaluation, technology development, and
acquisition support) is given the appropriate amount of
emphasis.
Within DHS S&T, the Support to the Homeland Security
Enterprise and First Responders Group is responsible for
technology interoperability and compatibility, the transfer of
technologies to first responders, and oversight of the National
Urban Security Technology Laboratory. The Homeland Security
Advanced Research Projects Agency (HSARPA) focuses on
identifying, developing, and transitioning technologies and
capabilities to counter chemical, biological, explosive, and
cyber terrorist threats, as well as protecting our nation's
borders and infrastructure. The Acquisition Support and
Operational Analysis Group provides analyses, engineering, and
test expertise and products connecting Research, Development,
and Acquisition to the operational end-user. The Research and
Development Partnerships Group builds partnerships that deliver
technology solutions to the Homeland Security Enterprise (HSE).
Within the Research and Development Partnerships Group, the
Homeland Security Science and Technology Advisory Committee
(HSSTAC) serves as a source of independent expert advice to the
Under Secretary for Science and Technology. The Interagency
Office supports the transition and transfer of the DHS S&T
solutions to customers. The Office of National Laboratories--
(ONL) develops and utilizes a coordinated network of DHS S&T
laboratories and Department of Energy National Laboratories to
facilitate the delivery of capabilities to DHS and the national
homeland security mission. And, the Office of University
Programs supports the Centers of Excellence, education programs
and minority serving institutions programs.
DHS S&T works to strengthen America's security and
resiliency by providing knowledge products and innovative
technology solutions for the Homeland Security Enterprise
(HSE). DHS S&T provides the HSE with strategic and focused
technology options and operational process enhancements. DHS
S&T seeks innovative, system-based solutions to complex
homeland security problems. DHS S&T has the technical depth and
reach to discover, adapt and leverage technology solutions
developed by federal agencies and laboratories, state, local
and tribal governments, universities, and the private sector--
across the United States and internationally.\1\
---------------------------------------------------------------------------
\1\ Department of Homeland Security, Science and Technology
Directorate, accessed at: http://www.dhs.gov/science-and-
technology-directorate.
---------------------------------------------------------------------------
The Directorate has a history of management challenges
resulting in several reorganizations by different Under
Secretaries. Coordination and collaboration with the DHS
components is a recurring issue.
One of the authorities and requirements given to the Under
Secretary for Science andTechnology in the Homeland Security
Act of 2002 is ``coordinating and integrating all research,
development, demonstration, testing and evaluation activities
of the Department.''\2\ Coordination of research across the
Department has been difficult to carry out, R&D is also
conducted by the Coast Guard and the Domestic Nuclear Detection
Office, two DHS components where the Under Secretary has
limited authority.\3\
---------------------------------------------------------------------------
\2\ Homeland Security Act of 2002 (Pub. L. 107-296), Sec. 302.
\3\ The DHS S&T Directorate: Selected Issues for Congress,
Congressional Research Service, April 14, 2014. http://www.crs.gov/
reports/pdf/R43064.
---------------------------------------------------------------------------
In 2012, the Government Accountability Office (GAO)
found\4\ fragmented R&D throughout DHS because S&T, Coast
Guard, and Domestic Nuclear Detection Office (DNDO) are each
given specific authority to conduct R&D by the Homeland
Security Act. The HSA states DHS components are allowed to
conduct R&D as long as efforts are coordinated through the
Under Secretary for Science and Technology.
---------------------------------------------------------------------------
\4\ Department of Homeland Security, Oversight and Coordination of
Research and Development Should Be Strengthened, Government
Accountability Office, Sept. 2012, GAO -12-837. http://www.gao.gov/
assets/650/648152.pdf.
---------------------------------------------------------------------------
Unlike many other industries with well-defined sets of
products, technologies, and customers, the Homeland Security
Industrial Base (HSIB) is a highly fragmented federation of
product and service providers serving a broad constituency.
Customers and their needs vary widely. This fragmentation means
that many companies with cutting-edge technologies are often
small businesses and are more challenging to locate and engage.
Simultaneously, federal, state, and local agencies are spending
less on R&D for next-generation technologies. Therefore, it is
critical that S&T collaborate with the HSIB to capitalize on
and leverage industry investments in R&D and encourage the
development of force multiplying solutions that defend, defeat,
and mitigate threats to the nation.
H.R. 3578 makes improvements to how the DHS S&T carries out
its responsibility to conduct homeland security research and
development. The bill defines a clear mission statement for S&T
and codifies the Directorate's portfolio review process to
engage key leadership and stakeholders in ensuring research and
development meet S&T and DHS goals and objectives. The bill
also ensures the Directorate: identifies technical capability
requirements and creates solutions with researchers and the
private sector; links the Directorate's budget with research
and development topic areas and programs, both within the
Directorate and across the Department; ensures cyber research
and development includes technologies for information sharing,
analytics and methodologies; requires S&T to establish a
process to identify, prioritize, and task research and
development activities; and requires clear and strong
communication between S&T and its clients.
Hearings
The Committee did not hold any hearings on H.R. 3578,
however the Committee held the following oversight hearings:
On February 12, 2015, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
hearing entitled ``Examining DHS Science and Technology
Directorate's Engagement with Academia and Industry.'' The
Subcommittee received testimony from Mr. Jake Parker, Director
Government Relations, Security Industry Association; Mr. Marc
Pearl, President and Chief Executive Officer, Homeland Security
and Defense Business Council; and Dr. Samuel H. Aronson,
President, American Physical Society.
On May 19, 2015, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
hearing entitled ``Examining the DHS Science and Technology
Directorate's Engagement with Academia and Industry.''
Witnesses included: Marc Pearl, President and CEO, Homeland
Security and Defense Business Council; Jake Parker, Director of
Government Relations, Security Industry Association; and Samuel
H. Aronson, President, American Physical Society and former
Director of Brookhaven National Laboratory.
Committee Consideration
The Committee met on September 30, 2015, to consider
H.R.3578, and ordered the measure to be reported to the House
with a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by
Mr.Ratcliffe (#1); was AGREED TO, as amended, by voice vote.
An Amendment by Member to the Amendment in the Nature of a
Substitute (#1a); was WITHDRAWN by unanimous consent.
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3578 offered by Mr. Thompson of Mississippi
(#1A); was AGREED TO by voice vote.
Consisting of the following amendments:
Page 7, line 8, strike ``and''.
Page 7, line 17, strike ``needs.'', the closing quotes, the
semicolon, and ``and'' and insert ``needs; and''.
Page 7, beginning line 18, insert the following: ``(19)
coordinating with organizations that provide venture capital to
businesses, particularly small businesses, as appropriate, to assist in
the commercialization of innovative homeland security technologies that
are expected to be ready for commercialization in the near term and
within 36 months.''.
Page 22, line 2, insert before the semicolon the following: ``,
and enhanced coordination with organizations as specified in paragraph
(19) of section 302, as appropriate''.
Page 9, line 13, strike ``(B)''.
Page 9, lines 14 and 18, redesignate clauses (i) and (ii) as
subclauses (I) and (II), respectively, and move such subclauses two ems
to the right.
Page 9, beginning line 14, insert the following: (i) in
subparagraph (B)-
Page 9, beginning line 21, insert the following: (ii) by amending
subparagraph (D) with a new paragraph entitled ``(D) Annual Report to
Congress.''
Page 37, beginning line 17, insert a new paragraph entitle ``(f)
GAO Study of University-Based Centers.''
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3578 offered by Mr. Langevin (#1B); was
AGREED TO by voice vote.
Consisting of the following amendments:
Page 30, line 13, insert the following (and redesignate subsequent
paragraphs accordingly and make necessary technical and conforming
changes): ``(4) support, in coordination with private sector, the
review of source code that underpins critical infrastructure
information systems;''.
Page 34, beginning line 16, insert a new section entitled ``Sec.
324. Homeland Security-STEM Summer Internship Program.''
An amendment to the Amendment in the Nature of a Substitute to
H.R. 3578 offered by Mr. Higgins (#1C); was AGREED TO by voice
vote.
Page 9, line 17, insert: ``(which may include research into
remote sensing and remote imaging)'' after ``detection''.;
An amendment to the Amendment in the Nature of a Substitute to
H.R. 3578 offered by Mr. Richmond (#1D); was AGREED TO by voice
vote.
Page 28, line 6, insert before the semicolon the following: ``or
critical infrastructure sectors''.;
An amendment to the Amendment in the Nature of a Substitute to
H.R. 3578 offered by Mr. Donovan listed on the roster as by Mr.
Marino (#1E); was AGREED TO by voice vote.
Page 31, line 2, strike ``and''.
Page 31, line 14, strike the period at the end and insert ``;
and''.
Page 31, beginning line 15, insert the following: (3) industry and
academia.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R.3578.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3578, the DHS Science and Technology Reform and Improvements
Act of 2015, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 29, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3578, the DHS
Science and Technology Reform and Improvement Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 3578--DHS Science and Technology Reform and Improvement Act of
2015
H.R. 3578 would direct the Department of Homeland Security
(DHS) to establish a program to employ, for up to two years,
current students or graduates of postgraduate programs in
scientific or engineering fields. The bill also would require
the Government Accountability Office (GAO) to report to the
Congress on the department's use of universities to carry out
DHS research.
Based on information from DHS about previous efforts to
hire students or recent graduates, CBO estimates that the new
program would cost about $1 million annually. Based on the cost
of similar reports, CBO also estimates that it would cost GAO
less than $500,000 to prepare the report required by the bill.
Such spending would be subject to the availability of
appropriated funds.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO also estimates that enacting H.R. 3578 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 3578 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 3578 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 3578 codifies the Directorate's portfolio review
process to ensure research and development meets Directorate
and Department goals and objectives. The bill states the
Directorate's responsibility to act as a coordinating office
for technology development for the Department and to define
technological capability gaps, build partnerships, and help
components and offices attain technology solutions. H.R. 3578
updates the Homeland Security Science and Technology Advisory
Committee to support stakeholder engagement in identifying
homeland security research areas of importance for the
Directorate. The bill requires DHS S&T to establish a process
to identify, prioritize, and task research and development
activities and report to Congress on a strategy and five year
plan for the Directorate. H.R. 3578 ensures the Directorate
utilizes the centralized Federal clearinghouse for technology
to enhance cooperation between components, limit unnecessary
duplication on research and development projects, and ensure
technologies are accessible for the Department. The bill
responds to critiques of the Directorate by requiring clear and
strong communication between DHS S&T and its clients. Finally,
H.R. 3578 codifies a mechanism for the Department to identify,
coordinate, and align research and development efforts with
departmental missions.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 3578 contains provisions that establish or
reauthorize the following programs. GAO-12-342SP found that
strategic planning is needed to better manage overlapping
science, technology, engineering, and mathematics education
programs across multiple agencies. The Homeland Security-
related (HS) STEM Summer Internship Program at the Department
of Homeland Security was listed as a STEM education program in
table 14 of the report. Since 2014, the Federal effort to
coordinate and consolidate STEM programs has made significant
progress. The DHS HS STEM Summer Internship program targets
students with specific interest in homeland security-related
STEM subjects and supports the homeland security enterprise
workforce. This program is not duplicative of other Federal
STEM education programs because of its specific goals and the
students it serves.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3578 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3578 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation. However, H.R. 3578 updates expired authorities for
the Homeland Security Science and Technology Advisory Committee
(Homeland Security Act of 2002, sec. 311(6 U.S.C. 191)).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``DHS Science and Technology Reform and Improvements Act of
2015''.
Sec. 2. Science and Technology in Support of Homeland Security.
This section amends Section 301 of 6 U.S.C.:
Section 301 is amended to establish a mission statement
that codifies the Science and Technology Directorate as the
primary research, development, testing, and evaluation arm of
the Department that is responsible for coordinating the
research and development of the Department. The mission also
requires the Directorate to build partnerships and leverage
solutions developed by other Federal agencies, the private
sector, and academia.
The Committee views the Science and Technology Directorate
as the primary research and development component for the
Department and the stated mission codifies that role. The
Committee intends, to the extent practicable, technology
solutions employed and leveraged by the Directorate be
affordable, reliable and easily maintained.
Committee hearings and outreach with stakeholders
reinforced the invaluable nature of private sector and industry
collaboration. The Committee supports these relationships and
the Directorate's partnerships and encourages the Directorate
to maintain and enhance current collaboration and partnership
efforts.
This section amends Section 302 of 6 U.S.C.:
Section 302 is amended with technical edits and to update
the responsibilities of the Under Secretary for Science and
Technology. These include ensuring that the Under Secretary
carries out the mission established in section 301, serves as
the senior scientific advisor to the Secretary, and develops a
strategy to identify and develop countermeasures to terrorist
threats that may serve as the basis for a national strategy.
The Committee intends to support the Directorate in its
work to strengthen coordination, collaboration and cooperation
with all Department components and offices in order to create a
research and development strategy for the Department. The
Committee views the Directorate's role in coordination of
research and development across the Department essential for
the Department's continued ``unity of effort'' work and to
ensure the reduction of unnecessary duplication of research and
development. The Committee believes that the Department
strategy established by the Science and Technology Directorate
should serve as the basis for a national strategy on homeland
security research and development.
New sections of the Responsibilities and Authorities of the
Under Secretary for Science and Technology include:
coordinating and integrating all research, development,
testing, and evaluation activities of the Department, including
through a centralized Federal clearinghouse for information
relating to technologies that would further the mission of the
Department; establishing a process to engage senior Directorate
and DHS leadership and assess R&D projects to ensure they meet
Directorate and Department goals; developing and overseeing the
administration of guidelines for periodic external review of
Department research and development programs; partnering with
components to provide guidance on how to identify capability
gaps to build science-based, analytic capability and capacity
throughout the Department; acting as a coordinating office for
technology development for the Department; and coordinating
with venture capital organizations to assist in the
commercialization of innovative homeland security technologies.
The Committee intends to codify the Directorate's portfolio
review process that examines and assesses individual research
and development projects and the overall portfolio. The
portfolio review process ensures the Directorate's research and
development portfolio reflects the highest-priority needs of
the Homeland Security Enterprise and aligns with the
Directorate's and the Department's strategic priorities.
The Committee intends to codify the Directorate's work with
venture capital organizations, including non-profit
organizations, to ensure technology investments can be realized
by federal government partners and the private sector. Targeted
venture capital investments can accelerate product development
and add mission-critical capabilities to deliver cutting-edge
technologies quickly and efficiently. The Committee intends to
codify the Department's activities in this area, and encourages
the Department to continue to coordinate with venture capital
organizations to provide support to business, especially small
businesses, assisting in the commercialization of innovative
homeland security technologies.
This section also includes a reporting requirement for the
Directorate to inform Congress on the implementation of its
responsibilities and authorities.
This section amends Section 303 of 6 U.S.C.:
Section 303 is amended to strike an obsolete reference.
This section amends Section 305 of 6 U.S.C.:
Section 305 is amended to require the Secretary to review
and revise the policies of the Department related to Federally
Funded Research and Development Centers (FFRDCs) regarding
personal conflicts of interest to prohibit employees from
making or materially influencing research findings or agency
decision making.
This section amends Section 306 of 6 U.S.C.:
Section 306 is amended to include language to ensure
Congress is notified prior to the Directorate establishing new
regulations. This section also provides the Directorate with
the same hiring authority for scientists and engineers as the
Homeland Security Advanced Research Projects Agency (HSARPA).
HSARPA currently uses this hiring authority to support the
mission of the Department when recruiting qualified candidates.
The Committee intends to allow this authority to extend across
the Directorate to augment program work and allow the
Directorate the flexibility to manage, prioritize, and assign
new dimensions of technical skills and credibility across the
Directorate.
This section amends Section 308 of 6 U.S.C.:
Section 308 is amended so that the University-Based Centers
criteria for designation includes nuclear, explosive
countermeasures or detection (which may include research into
remote sensing and remote imaging) and cybersecurity. This
section amends the information required in the report to
Congress to include Centers designated pursuant to the section,
a description of how the designations enhance homeland
security, information on decisions to revoke or modify
designations, a description of research tasked and completed by
Centers, a description of funding, and a description of plans
for utilizing Centers.
The Committee intends for S&T to provide Congress with
additional information on the implementation of the University-
Based Centers program.
This section establishes a Test, Evaluation, and Standards
Division with a Director responsible for advising the Under
Secretary for Science and Technology, as well as Secretary of
Homeland Security and Under Secretary of Management, on test
and evaluation or standards activities in the Department. The
Director is required to establish and update policies on
operational testing, oversee and ensure adequate test and
evaluation activities, review major acquisition test reports
and data, and review available test and evaluation
infrastructure. The Division is not required to conduct
operational testing of major acquisition programs. This section
allows the Director to evaluate Department of Defense
technologies to assess whether those technologies can be
leveraged to address homeland security capability gaps.
The Committee recognizes that current as well as future
enhancements to our Nation's technical threat detection systems
can be lengthy and deliberative to test, evaluate, and field.
The Committee also recognizes that this process may take
significant time to move from concept to commercialization,
rendering some capabilities ``out of date'' by the time they
are fielded. Constant advancements and evolution in the threat
environment often subject new capabilities to new and enhanced
threats beyond the original scope envisioned when initially
deployed. The dynamic nature and rapid evolution of the threat
environment can lead to a serious compromise in security
posture for the Nation. The Department may consider tools or
programs to expedite initial R&D to rapid fielding and
deployment in the field to 4 years or less.
This section amends Section 309 of 6 U.S.C.:
Section 309 is amended to clarify that funds from the
Directorate to Department of Energy National Laboratories would
not be treated as assisted acquisitions. The federal
acquisition regulations (FAR) define assisted acquisitions as a
type of interagency acquisition where a servicing agency
performs acquisition activities on a requesting agency's
behalf, such as awarding and administering a contract, task
order, or delivery order (FAR 2.101). According to the FAR 17.5
before a solicitation is issued, the servicing agency and the
requesting agency must sign a written interagency agreement
that establishes the general terms and conditions governing the
relationship between the parties. The requesting agency must
provide the servicing agency any unique terms, conditions, and
applicable agency-specific statutes, regulations, directives,
and other applicable requirements for incorporation into the
order or contract (FAR 17.502).
This section amends Section 310 of 6 U.S.C.:
Section 310 is amended to require that any successor
facility to the Plum Island Animal Disease Center, including
the National Bio and Argo-Defense Facility, which is intended
to replace Plum Island, be subject to the requirements of this
section.
This section amends Section 311 of 6 U.S.C.:
Section 311 is amended with a number of updates to existing
statute regarding the Homeland Security Science and Technology
Advisory Committee. This section would establish a minimum of
15 and a maximum of 30 members on the Committee and would
ensure academia, national labs and private industry are
represented on the Committee. The Committee would sunset after
five years.
The Committee intends to update the existing statutory
language in support of the Homeland Security Science and
Technology Advisory Committee to ensure outside expertise from
the Advisory Committee will continue and be utilized by the
Directorate. It is the Committee's understanding that the
Directorate may be planning to include more than 30 experts on
the board. If that has occurred prior to enactment of this
legislation, it is expected that the Advisory Committee will
lower its membership through natural attrition.
This section amends Section 313 of 6 U.S.C.:
Section 313 is amended to require Science and Technology
Directorate to utilize the centralized Federal clearinghouse to
enhance cooperation between components, limit unnecessary
duplication between components on research and development
projects, ensure technologies are accessible for components,
and for any additional purposes the Secretary finds necessary.
The Committee intends to ensure the technology
clearinghouse is used to encourage and support innovative
solutions to enhance homeland security and to support
coordination and collaboration on technologies across the
Department.
At the end of section 317 the following new sections are
included:
Sec. 318. Identification and Prioritization of Research
and Development.
This section requires the Under Secretary for Science and
Technology to establish a process to define, identify,
prioritize, fund, and task the basic and applied homeland
security research and development activities of the
Directorate. This process would be responsive to near, mid, and
long-term needs, including unanticipated needs to address
emerging threats.
The Committee intends for the Directorate to establish a
clear process by which research and development is defined,
identified and prioritized. Establishing such a process will
facilitate the Directorate's mission, goals and work and
support stronger coordination and collaboration on research and
development across the Department. When establishing
considerations to be used in selecting appropriate research
entities, the Directorate should include total life cycle cost,
return on investment, and opportunities for competition and re-
competition.
Sec. 319. Development of Directorate Strategy and Research
and Development Plan.
This section requires the Under Secretary for Science and
Technology to develop and submit to Congress a strategy to
guide the activities of the Directorate. This strategy would
identify priorities and objectives for national development of
civilian science and technology solutions and capabilities to
address homeland security operational needs.
This section requires the Under Secretary to develop and
update a five-year research and development plan for the
activities of the Directorate. This plan would define the
Directorate's research, development, testing, and evaluation
activities, priorities and performance metrics.
The Committee intends for the Directorate to work with
components and identify mission needs to inform the strategy
and research and development plan.
Sec. 320. Monitoring of Progress.
This section requires the Under Secretary for Science and
Technology to establish a system to monitor the progress of
research, development, testing, and evaluation activities
undertaken by the Directorate and to report to Congress on
these activities. The system must monitor progress toward
project milestones, map progress toward deliverables identified
in each five-year R&D plan, and allow the Under Secretary to
report the number of products and services developed by the
Directorate that have resulted in fielded technologies.
The Committee views the establishment of a system to
monitor the progress of research and development as necessary
to ensure clear and strong communication between the
Directorate and its clients. This system will address critiques
of the Directorate.
Sec. 321. Homeland Security Science and Technology Fellows
Program.
This section requires the Secretary, acting through the
Under Secretary for Science and Technology, to establish a
Fellows program within the Department for the temporary
placement of scientists in relevant scientific or technological
fields for up to two years. Fellows would be placed in
Department components that have a need for scientific and
technological expertise.
The Committee has concerns with the Department's
suitability review process and encourages the Department to
consider ways to better facilitate and expedite the process
throughout the Department.
Sec. 322. Cybersecurity Research and Development.
This section requires the Under Secretary for Science and
Technology to support research, development, testing,
evaluation, and transition of cybersecurity technologies to
advance the development and deployment of secure information
systems, create technologies to detect attacks or intrusions,
support, in coordination with the private sector, the review of
source code that underpins critical infrastructure information
systems; assist the development of technologies to reduce
vulnerabilities in industrial control systems, and support
forensics and attack attribution. This section requires the
Under Secretary to coordinate cybersecurity R&D efforts with
other Federal agencies, including National Science Foundation,
Defense Advanced Research Projects Agency, National Security
Agency, Sector Specific Agencies and industry and academia.
This section codifies the Transition to Practice program to
support the life cycle of projects, research, development,
test, evaluation, pilots, and transition. This section requires
the Under Secretary to target federally funded research that
demonstrates a high probability of successful transition to the
commercial market within two years.
The Committee intends for this R&D to address cybersecurity
risks and incidents, including advancing the development and
deployment of more secure information systems, creating
technologies to detect and analyze intrusions and anomalous
behavior, as well as manage data loss and manipulation, with
attention to insider threats.
The Committee intends to codify the transition to practice
program to ensure labs have a more uniform way to conduct the
transfer of technology relevant to the security of the
homeland. The transition to practice program takes advantage of
research already conducted and funds already spent to support
robust cyber tools nationwide. The Committee intends federally
funded to refer to federal labs, including Department of Energy
and Federally Funded Research and Development Centers and
academic institutions funded by the National Science Foundation
(NSF) that the NSF recommends to DHS.
The critical infrastructure sectors, as defined by the DHS,
include the Chemical Sector; Commercial Facilities Sector;
Communications Sector; Critical Manufacturing Sector; Dams
Sector; Defense Industrial Base Sector; Emergency Services
Sector; Energy Sector; Financial Services Sector; Food and
Agriculture Sector; Government Facilities Sector; Healthcare
and Public Health Sector; Information Technology Sector;
Nuclear Reactors, Materials, and Waste Sector; Transportation
Systems Sector; and Water and Wastewater Systems Sector.
Sec. 323. Integrated Product Teams.
This section requires the Secretary to establish Integrated
Product Teams (IPTs) to serve as a central mechanism for the
Department to identify, coordinate, and align research and
development efforts with Departmental missions. These IPTs will
be managed by the Under Secretary for Science and Technology
and relevant senior leadership of operational components and be
responsible for identifying and prioritizing homeland security
capability gaps, assessing the appropriateness of technology to
address a specific mission area, and informing the annual
budget process regarding technological solutions to address
homeland security capability gaps. This section requires the
Secretary to provide to Congress information on the impact and
effectiveness of the IPTs.
The Committee notes that DHS Secretary Jeh Johnson
circulated a memorandum to all component heads that announced
the establishment of Integrated Product Teams to ``improve
acquisition and research and development (R&D) processes across
DHS to deliver technologies and close identified capability
gaps'' and explained that the IPTs would be ``aligned to the
DHS mission areas and will incorporate an S&T-led technology
assessment for all major acquisitions in the Department.'' The
Committee intends for the Integrated Product Teams to support
the Directorate's role in coordinating research and development
across the Department. This section seeks to reform the current
culture throughout the Department to ensure components are
directly engaged with the Science and Technology Directorate in
the conduct of R&D and ensures both are working together to
identify mission gaps. This section would support the overall
goal of strengthening R&D at the Department.
Sec. 324. Homeland Security-STEM Summer Internship Program.
This section codifies the Homeland Security STEM internship
program. The program provides students with exposure to
Department mission-relevant research areas to encourage
students to pursue STEM careers in homeland security related
fields. Interns must have successfully completed at least a
year of higher education in a STEM field, be enrolled in a STEM
course of study, plan to continue such course of study, and
pursue career goals aligned with the Department's Mission,
goals, and objectives. The Under Secretary must determine the
academic requirements, and selection criteria and standards for
successful completion of the internship. The program shall be
administered with the university-based centers and ensure each
intern is assigned a research mentor. The Under Secretary must
conduct outreach to students who are members of groups under-
represented in STEM careers to encourage participation in the
program. The term ``institution of higher education'' is
defined.
All amendments made by the bill would take effect 30 days
after the date of enactment.
The bill amends the table of contents of the Homeland
Security Act.
This section amends Section 831 of 6 U.S.C.:
Section 831 is amended to extend Other Transaction
Authority (OTA) until 2020 and would require the Secretary to
approve the OTA prior to its use. This section updates existing
reporting requirements and requires training of acquisition
staff in the use of OTA.
Additionally, this bill updates the definition of
``incident'' currently found in the second section 226 of the
Homeland Security Act.
The bill requires GAO to initiate a study to assess the
university-based centers program authorized by section
308(b)(2) of the Homeland Security Act.
The bill requires the Secretary to make use of the prize
authority existing under current law.
No new funds are authorized to carry out the legislation.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
Sec. 318. Identification and prioritization of research and development.
Sec. 319. Development of Directorate strategy and research and
development plan.
Sec. 320. Monitoring of progress.
Sec. 321. Homeland Security Science and Technology Fellows Program.
Sec. 322. Cybersecurity research and development.
Sec. 323. Integrated product teams.
Sec. 324. Homeland Security-STEM summer internship program.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
* * * * * * *
Subtitle C--Information Security
* * * * * * *
SEC. 226. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER.
(a) Definitions.--In this section--
(1) the term ``cybersecurity risk'' means threats to
and vulnerabilities of information or information
systems and any related consequences caused by or
resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction
of information or information systems, including such
related consequences caused by an act of terrorism;
[(2) the term ``incident'' means an occurrence that--
[(A) actually or imminently jeopardizes,
without lawful authority, the integrity,
confidentiality, or availability of information
on an information system; or
[(B) constitutes a violation or imminent
threat of violation of law, security policies,
security procedures, or acceptable use
policies;]
(2) Incident.--The term ``incident'' means an
occurrence that actually or imminently jeopardizes,
without lawful authority, the integrity,
confidentiality, or availability of information on an
information system, or actually or imminently
jeopardizes, without lawful authority, an information
system.
(3) the term ``information sharing and analysis
organization'' has the meaning given that term in
section 212(5); and
(4) the term ``information system'' has the meaning
given that term in section 3502(8) of title 44, United
States Code.
(b) Center.--There is in the Department a national
cybersecurity and communications integration center (referred
to in this section as the ``Center'') to carry out certain
responsibilities of the Under Secretary appointed under section
103(a)(1)(H).
(c) Functions.--The cybersecurity functions of the Center
shall include--
(1) being a Federal civilian interface for the multi-
directional and cross-sector sharing of information
related to cybersecurity risks, incidents, analysis,
and warnings for Federal and non-Federal entities;
(2) providing shared situational awareness to enable
real-time, integrated, and operational actions across
the Federal Government and non-Federal entities to
address cybersecurity risks and incidents to Federal
and non-Federal entities;
(3) coordinating the sharing of information related
to cybersecurity risks and incidents across the Federal
Government;
(4) facilitating cross-sector coordination to address
cybersecurity risks and incidents, including
cybersecurity risks and incidents that may be related
or could have consequential impacts across multiple
sectors;
(5)(A) conducting integration and analysis, including
cross-sector integration and analysis, of cybersecurity
risks and incidents; and
(B) sharing the analysis conducted under subparagraph
(A) with Federal and non-Federal entities;
(6) upon request, providing timely technical
assistance, risk management support, and incident
response capabilities to Federal and non-Federal
entities with respect to cybersecurity risks and
incidents, which may include attribution, mitigation,
and remediation; and
(7) providing information and recommendations on
security and resilience measures to Federal and non-
Federal entities, including information and
recommendations to--
(A) facilitate information security; and
(B) strengthen information systems against
cybersecurity risks and incidents.
(d) Composition.--
(1) In general.--The Center shall be composed of--
(A) appropriate representatives of Federal
entities, such as--
(i) sector-specific agencies;
(ii) civilian and law enforcement
agencies; and
(iii) elements of the intelligence
community, as that term is defined
under section 3(4) of the National
Security Act of 1947 (50 U.S.C.
3003(4));
(B) appropriate representatives of non-
Federal entities, such as--
(i) State and local governments;
(ii) information sharing and analysis
organizations; and
(iii) owners and operators of
critical information systems;
(C) components within the Center that carry
out cybersecurity and communications
activities;
(D) a designated Federal official for
operational coordination with and across each
sector; and
(E) other appropriate representatives or
entities, as determined by the Secretary.
(2) Incidents.--In the event of an incident, during
exigent circumstances the Secretary may grant a Federal
or non-Federal entity immediate temporary access to the
Center.
(e) Principles.--In carrying out the functions under
subsection (c), the Center shall ensure--
(1) to the extent practicable, that--
(A) timely, actionable, and relevant
information related to cybersecurity risks,
incidents, and analysis is shared;
(B) when appropriate, information related to
cybersecurity risks, incidents, and analysis is
integrated with other relevant information and
tailored to the specific characteristics of a
sector;
(C) activities are prioritized and conducted
based on the level of risk;
(D) industry sector-specific, academic, and
national laboratory expertise is sought and
receives appropriate consideration;
(E) continuous, collaborative, and inclusive
coordination occurs--
(i) across sectors; and
(ii) with--
(I) sector coordinating
councils;
(II) information sharing and
analysis organizations; and
(III) other appropriate non-
Federal partners;
(F) as appropriate, the Center works to
develop and use mechanisms for sharing
information related to cybersecurity risks and
incidents that are technology-neutral,
interoperable, real-time, cost-effective, and
resilient; and
(G) the Center works with other agencies to
reduce unnecessarily duplicative sharing of
information related to cybersecurity risks and
incidents;
(2) that information related to cybersecurity risks
and incidents is appropriately safeguarded against
unauthorized access; and
(3) that activities conducted by the Center comply
with all policies, regulations, and laws that protect
the privacy and civil liberties of United States
persons.
(f) No Right or Benefit.--
(1) In general.--The provision of assistance or
information to, and inclusion in the Center of,
governmental or private entities under this section
shall be at the sole and unreviewable discretion of the
Under Secretary appointed under section 103(a)(1)(H).
(2) Certain assistance or information.--The provision
of certain assistance or information to, or inclusion
in the Center of, one governmental or private entity
pursuant to this section shall not create a right or
benefit, substantive or procedural, to similar
assistance or information for any other governmental or
private entity.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.
[There] (a) In General._There shall be in the Department a
Directorate of Science and Technology headed by an Under
Secretary for Science and Technology.
(b) Mission.--The Directorate of Science and Technology shall
be the primary research, development, testing, and evaluation
arm of the Department, responsible for coordinating the
research, development, testing, and evaluation of the
Department to strengthen the security and resiliency of the
United States. The Directorate shall--
(1) develop and deliver knowledge, analyses, and
innovative solutions that are responsive to homeland
security capability gaps identified by components and
offices of the Department, the first responder
community, and the Homeland Security Enterprise (as
such term is defined in section 322) and that can be
integrated into operations of the Department;
(2) seek innovative, system-based solutions to
complex homeland security problems; and
(3) build partnerships and leverage technology
solutions developed by other Federal agencies and
laboratories, State, local, and tribal governments,
universities, and the private sector.
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR
SCIENCE AND TECHNOLOGY.
[The Secretary, acting through the Under Secretary for
Science and Technology, shall] (a) In General._The Secretary,
acting through the Under Secretary for Science and Technology,
shall carry out the mission described in subsection (b) of
section 301 and shall have the responsibility for--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions and serving as the senior
scientific advisor to the Secretary;
(2) developing, in consultation with other
appropriate executive agencies, a [national] policy and
strategic plan for, identifying priorities, goals,
objectives and policies for, and coordinating the
Federal Government's civilian efforts to identify and
develop countermeasures to chemical, [biological,,]
biological, and other emerging terrorist threats that
may serve as a basis of a national strategy, including
the development of comprehensive, research-based
definable goals for such efforts and development of
annual measurable objectives and specific targets to
accomplish and evaluate the goals for such efforts;
(3) supporting [the Under Secretary for Intelligence
and Analysis and the Assistant Secretary for
Infrastructure Protection] components and offices of
the Department, by assessing and testing homeland
security vulnerabilities and possible threats;
(4) conducting basic and applied research,
development, demonstration, testing, and evaluation
activities that are relevant to any or all elements of
the Department, through both intramural and extramural
programs, [except that such responsibility does not
extend to human health-related research and development
activities] including coordinating with relevant
components and offices of the Department appropriate
to--
(A) identify and prioritize technical
capability requirements and create solutions
that include researchers, the private sector,
and operational end users, and
(B) develop capabilities to address issues on
research, development, testing, evaluation,
technology, and standards for the first
responder community,
except that such responsibility does not extend to the
human health-related research and development
activities;
(5) establishing priorities for, directing, funding,
and conducting national research, development, test and
evaluation, and procurement of technology and systems
for--
(A) preventing the importation of chemical,
[biological,,] biological, and related weapons
and material; and
(B) detecting, preventing, protecting
against, and responding to terrorist attacks;
(6) establishing a system for transferring homeland
security developments or technologies to Federal,
State, local government, and private sector entities;
(7) entering into work agreements, joint
sponsorships, contracts, or any other agreements with
the Department of Energy regarding the use of the
national laboratories or sites and support of the
science and technology base at those facilities;
(8) collaborating with the Secretary of Agriculture
and the Attorney General as provided in section 212 of
the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401), as amended by section 1709(b);
(9) collaborating with the Secretary of Health and
Human Services and the Attorney General in determining
any new biological agents and toxins that shall be
listed as ``select agents'' in Appendix A of part 72 of
title 42, Code of Federal Regulations, pursuant to
section 351A of the Public Health Service Act (42
U.S.C. 262a);
(10) supporting United States leadership in science
and technology;
(11) establishing and administering the primary
research and development activities of the Department,
including the long-term research and development needs
and capabilities for all elements of the Department;
[(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department;]
(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department, including through a
centralized Federal clearinghouse established pursuant
to paragraph (1) of section 313(b) for information
relating to technologies that would further the mission
of the Department, and providing advice, as necessary,
regarding major acquisition programs;
(13) coordinating with other appropriate executive
agencies in developing and carrying out the science and
technology agenda of the Department to reduce
duplication and identify unmet needs; [and]
(14) developing and overseeing the administration of
guidelines for merit review of research and development
projects throughout the Department, and for the
dissemination of research conducted or sponsored by the
Department[.];
(15) establishing a process that--
(A) includes consideration by Directorate
leadership, senior component leadership, first
responders, and outside expertise;
(B) is strategic, transparent, and repeatable
with a goal of continuous improvement;
(C) through which research and development
projects undertaken by the Directorate are
assessed on a regular basis; and
(D) includes consideration of metrics to
ensure research and development projects meet
Directorate and Department goals and inform
departmental budget and program planning;
(16) developing and overseeing the administration of
guidelines for periodic external review of departmental
research and development programs or activities,
including through--
(A) consultation with experts, including
scientists and practitioners, regarding the
research and development activities conducted
by the Directorate of Science and Technology;
and
(B) biennial 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;
(17) partnering with components and offices of the
Department to develop and deliver knowledge, analyses,
and innovative solutions that are responsive to
identified homeland security capability gaps and raise
the science-based, analytic capability and capacity of
appropriate individuals throughout the Department by
providing guidance on how to better identify homeland
security capability gaps that may be addressed through
a technological solution and by partnering with such
components and offices to--
(A) support technological assessments of
major acquisition programs throughout the
acquisition lifecycle;
(B) help define appropriate technological
requirements and perform feasibility analysis;
(C) assist in evaluating new and emerging
technologies against capability gaps;
(D) support evaluation of alternatives;
(E) improve the use of technology Department-
wide; and
(F) provide technical assistance in the
development of acquisition lifecycle cost for
technologies;
(18) acting as a coordinating office for technology
development for the Department by helping components
and offices define technological requirements, and
building partnerships with appropriate entities (such
as within the Department and with other Federal
agencies and laboratories, State, local, and tribal
governments, universities, and the private sector) to
help each such component and office attain the
technology solutions it needs; and
(19) coordinating with organizations that provide
venture capital to businesses, particularly small
businesses, as appropriate, to assist in the
commercialization of innovative homeland security
technologies that are expected to be ready for
commercialization in the near term and within 36
months.
(b) Review of Responsibilities.--Not later than 180 days
after the date of the enactment of this subsection, the Under
Secretary for Science and Technology shall submit to the
appropriate congressional committees a report on the
implementation of paragraphs (2) (including how the policy and
strategic plan under such paragraph may serve as a basis for a
national strategy referred to in such paragraph), (11), (12),
(13), (16), and (17) of subsection (a).
SEC. 303. FUNCTIONS TRANSFERRED.
In accordance with title XV, there shall be transferred to
the Secretary the functions, personnel, assets, and liabilities
of the following entities:
(1) The following programs and activities of the
Department of Energy, including the functions of the
Secretary of Energy relating thereto (but not including
programs and activities relating to the strategic
nuclear defense posture of the United States):
(A) The chemical and biological national
security and supporting programs and activities
of the nonproliferation and verification
research and development program.
(B) The nuclear smuggling programs and
activities within the proliferation detection
program of the nonproliferation and
verification research and development program.
The programs and activities described in this
subparagraph may be designated by the President
either for transfer to the Department or for
joint operation by the Secretary and the
Secretary of Energy.
(C) The nuclear assessment program and
activities of the assessment, detection, and
cooperation program of the international
materials protection and cooperation program.
(D) Such life sciences activities of the
biological and environmental research program
related to microbial pathogens as may be
designated by the President for transfer to the
Department.
(E) The Environmental Measurements
Laboratory.
[(F) The advanced scientific computing
research program and activities at Lawrence
Livermore National Laboratory.]
(2) The National Bio-Weapons Defense Analysis Center
of the Department of Defense, including the functions
of the Secretary of Defense related thereto.
* * * * * * *
SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
[The] (a) Establishment._The Secretary, acting through the
Under Secretary for Science and Technology, shall have the
authority to establish or contract with 1 or more federally
funded research and development centers to provide independent
analysis of homeland security issues, or to carry out other
responsibilities under this Act, including coordinating and
integrating both the extramural and intramural programs
described in section 308.
(b) Conflicts of Interest.--The Secretary shall review and
revise, as appropriate, the policies of the Department relating
to personnel conflicts of interest to ensure that such policies
specifically address employees of federally funded research and
development centers established pursuant to subsection (a) who
are in a position to make or materially influence research
findings or agency decision making.
SEC. 306. MISCELLANEOUS PROVISIONS.
(a) Classification.--To the greatest extent practicable,
research conducted or supported by the Department shall be
unclassified.
(b) Construction.--Nothing in this title shall be construed
to preclude any Under Secretary of the Department from carrying
out research, development, demonstration, or deployment
activities, as long as such activities are coordinated through
the Under Secretary for Science and Technology.
(c) Regulations.--The Secretary, acting through the Under
Secretary for Science and Technology, may issue necessary
regulations with respect to research, development,
demonstration, testing, and evaluation activities of the
Department, including the conducting, funding, and reviewing of
such activities. If such regulations are issued, the Under
Secretary shall report to the appropriate congressional
committees prior to such issuance.
[(d) Notification of Presidential Life Sciences
Designations.--Not later than 60 days before effecting any
transfer of Department of Energy life sciences activities
pursuant to section 303(1)(D) of this Act, the President shall
notify the appropriate congressional committees of the proposed
transfer and shall include the reasons for the transfer and a
description of the effect of the transfer on the activities of
the Department of Energy.]
(d) Personnel.--In hiring personnel for the Directorate of
Science and Technology, the Secretary shall have the hiring and
management authorities described in section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (5 U.S.C. 3104 note; Public Law 105-261). The term of
appointments for employees under subsection (c)(1) of such
section may not exceed five years before the granting of any
extension under subsection (c)(2) of such section.
* * * * * * *
SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND
EVALUATION.
(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the
responsibilities under section 302(4) through both extramural
and intramural programs.
(b) Extramural Programs.--
(1) In general.--The Secretary, acting through the
Under Secretary for Science and Technology, shall
operate extramural research, development,
demonstration, testing, and evaluation programs so as
to--
(A) ensure that colleges, universities,
private research institutes, and companies (and
consortia thereof) from as many areas of the
United States as practicable participate;
(B) ensure that the research funded is of
high quality, as determined through merit
review processes developed under section
302(14); and
(C) distribute funds through grants,
cooperative agreements, and contracts.
(2) University-based centers for homeland security.--
(A) Designation.--The Secretary, acting
through the Under Secretary for Science and
Technology, shall designate a university-based
center or several university-based centers for
homeland security. The purpose of the center or
these centers shall be to establish a
coordinated, university-based system to enhance
the Nation's homeland security.
(B) Criteria for designation.--Criteria for
the designation of colleges or universities as
a center for homeland security, shall include,
but are not limited to, demonstrated expertise
in--
(i) The training of first responders.
(ii) Responding to incidents
involving weapons of mass destruction
and biological warfare.
(iii) Emergency and diagnostic
medical services.
(iv) Chemical, biological,
radiological, [and nuclear
countermeasures or detection] nuclear,
and explosives countermeasures or
detection (which may include research
into remote sensing and remote
imaging).
(v) Animal and plant health and
diagnostics.
(vi) Food safety.
(vii) Water and wastewater
operations.
(viii) Port and waterway security.
(ix) Multi-modal transportation.
(x) Information security and
information engineering.
(xi) Engineering.
(xii) Educational outreach and
technical assistance.
(xiii) Border transportation and
security.
(xiv) The public policy implications
and public dissemination of homeland
security related research and
development.
(xv) Cybersecurity.
(C) Discretion of secretary.--To the extent
that exercising such discretion is in the
interest of homeland security, and with respect
to the designation of any given university-
based center for homeland security, the
Secretary may except certain criteria as
specified in section 308(b)(2)(B) and consider
additional criteria beyond those specified in
section 308(b)(2)(B). Upon designation of a
university-based center for homeland security,
the Secretary shall that day publish in the
Federal Register the criteria that were
excepted or added in the selection process and
the justification for the set of criteria that
were used for that designation.
[(D) Report to congress.--The Secretary shall
report annually, from the date of enactment, to
Congress concerning the implementation of this
section. That report shall indicate which
center or centers have been designated and how
the designation or designations enhance
homeland security, as well as report any
decisions to revoke or modify such
designations.]
(D) Annual report to congress.--Not later
than one year after the date of the enactment
of this subparagraph and annually thereafter,
the Secretary shall submit to Congress a report
on the implementation of this section. Each
such report shall--
(i) indicate which center or centers
have been designated pursuant to this
section;
(ii) describe how such designation or
designations enhance homeland security;
(iii) provide information on any
decisions to revoke or modify such
designation or designations;
(iv) describe research that has been
tasked and completed by each center
that has been designated during the
preceding year;
(v) describe funding provided by the
Secretary for each center under clause
(iv) for that year; and
(vi) describe plans for utilization
of each center or centers in the
forthcoming year.
(E) Authorization of appropriations.--There
are authorized to be appropriated such sums as
may be necessary to carry out this paragraph.
(c) Intramural Programs.--
(1) Consultation.--In carrying out the duties under
section 302, the Secretary, acting through the Under
Secretary for Science and Technology, may draw upon the
expertise of any laboratory of the Federal Government,
whether operated by a contractor or the Government.
(2) Laboratories.--The Secretary, acting through the
Under Secretary for Science and Technology, may
establish a headquarters laboratory for the Department
at any laboratory or site and may establish additional
laboratory units at other laboratories or sites.
(3) Criteria for headquarters laboratory.--If the
Secretary chooses to establish a headquarters
laboratory pursuant to paragraph (2), then the
Secretary shall do the following:
(A) Establish criteria for the selection of
the headquarters laboratory in consultation
with the National Academy of Sciences,
appropriate Federal agencies, and other
experts.
(B) Publish the criteria in the Federal
Register.
(C) Evaluate all appropriate laboratories or
sites against the criteria.
(D) Select a laboratory or site on the basis
of the criteria.
(E) Report to the appropriate congressional
committees on which laboratory was selected,
how the selected laboratory meets the published
criteria, and what duties the headquarters
laboratory shall perform.
(4) Limitation on operation of laboratories.--No
laboratory shall begin operating as the headquarters
laboratory of the Department until at least 30 days
after the transmittal of the report required by
paragraph (3)(E).
(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) through the Under Secretary for Science
and Technology, serve as an adviser to the
Secretary and the Under Secretary of Management
on all test and evaluation or standards
activities in the Department; and
(B) shall--
(i) establish and update as necessary
test and evaluation policies for the
Department, including 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 and offices of the
Department with respect to major
acquisition programs of the Department,
as designated by the Secretary, based
on risk, acquisition level, novelty,
complexity, and size of any such
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 and offices of
the Department, including test and
evaluation activities planned or
conducted pursuant to clause (ii); 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) Limitation.--The Test, Evaluation, and Standards
Division is not required to carry out operational
testing of major acquisition programs.
(5) 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 such technologies can be leveraged to address
homeland security capability gaps.
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL LABORATORIES AND
SITES IN SUPPORT OF HOMELAND SECURITY ACTIVITIES.
(a) Authority to Utilize National Laboratories and Sites.--
(1) In general.--In carrying out the missions of the
Department, the Secretary may utilize the Department of
Energy national laboratories and sites through any 1 or
more of the following methods, as the Secretary
considers appropriate:
(A) A joint sponsorship arrangement referred
to in subsection (b).
(B) A direct contract between the Department
and the applicable Department of Energy
laboratory or site, subject to subsection (c).
(C) Any ``work for others'' basis made
available by that laboratory or site.
(D) Any other method provided by law.
(2) Acceptance and Performance by Labs and Sites.--
Notwithstanding any other law governing the
administration, mission, use, or operations of any of
the Department of Energy national laboratories and
sites, such laboratories and sites are authorized to
accept and perform work for the Secretary, consistent
with resources provided, and perform such work on an
equal basis to other missions at the laboratory and not
on a noninterference basis with other missions of such
laboratory or site.
(3) Treatment of certain funds.--Notwithstanding any
other provision of law, any funds provided to a
Department of Energy national laboratory by the
Department may not be treated as an assisted
acquisition.
(b) Joint Sponsorship Arrangements.--
(1) Laboratories.--The Department may be a joint
sponsor, under a multiple agency sponsorship
arrangement with the Department of Energy, of 1 or more
Department of Energy national laboratories in the
performance of work.
(2) Sites.--The Department may be a joint sponsor of
a Department of Energy site in the performance of work
as if such site were a federally funded research and
development center and the work were performed under a
multiple agency sponsorship arrangement with the
Department.
(3) Primary sponsor.--The Department of Energy shall
be the primary sponsor under a multiple agency
sponsorship arrangement referred to in paragraph (1) or
(2).
(4) Lead agent.--The Secretary of Energy shall act as
the lead agent in coordinating the formation and
performance of a joint sponsorship arrangement under
this subsection between the Department and a Department
of Energy national laboratory or site.
(5) Federal acquisition regulation.--Any work
performed by a Department of Energy national laboratory
or site under a joint sponsorship arrangement under
this subsection shall comply with the policy on the use
of federally funded research and development centers
under the Federal Acquisition Regulations.
(6) Funding.--The Department shall provide funds for
work at the Department of Energy national laboratories
or sites, as the case may be, under a joint sponsorship
arrangement under this subsection under the same terms
and conditions as apply to the primary sponsor of such
national laboratory under section 303(b)(1)(C) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(b)(1)(C)) or of such site to the
extent such section applies to such site as a federally
funded research and development center by reason of
this subsection.
(c) Separate Contracting.--To the extent that programs or
activities transferred by this Act from the Department of
Energy to the Department of Homeland Security are being carried
out through direct contracts with the operator of a national
laboratory or site of the Department of Energy, the Secretary
of Homeland Security and the Secretary of Energy shall ensure
that direct contracts for such programs and activities between
the Department of Homeland Security and such operator are
separate from the direct contracts of the Department of Energy
with such operator.
(d) Authority With Respect to Cooperative Research and
Development Agreements and Licensing Agreements.--In connection
with any utilization of the Department of Energy national
laboratories and sites under this section, the Secretary may
permit the director of any such national laboratory or site to
enter into cooperative research and development agreements or
to negotiate licensing agreements with any person, any agency
or instrumentality, of the United States, any unit of State or
local government, and any other entity under the authority
granted by section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be
transferred to a non-Federal party to such an agreement
consistent with the provisions of sections 11 and 12 of that
Act (15 U.S.C. 3710, 3710a).
(e) Reimbursement of Costs.--In the case of an activity
carried out by the operator of a Department of Energy national
laboratory or site in connection with any utilization of such
laboratory or site under this section, the Department of
Homeland Security shall reimburse the Department of Energy for
costs of such activity through a method under which the
Secretary of Energy waives any requirement for the Department
of Homeland Security to pay administrative charges or personnel
costs of the Department of Energy or its contractors in excess
of the amount that the Secretary of Energy pays for an activity
carried out by such contractor and paid for by the Department
of Energy.
(f) Laboratory Directed Research and Development by the
Department of Energy.--No funds authorized to be appropriated
or otherwise made available to the Department in any fiscal
year may be obligated or expended for laboratory directed
research and development activities carried out by the
Department of Energy unless such activities support the
missions of the Department of Homeland Security.
(g) Office for National Laboratories.--There is established
within the Directorate of Science and Technology an Office for
National Laboratories, which shall be responsible for the
coordination and utilization of the Department of Energy
national laboratories and sites under this section in a manner
to create a networked laboratory system for the purpose of
supporting the missions of the Department.
(h) Department of Energy Coordination on Homeland Security
Related Research.--The Secretary of Energy shall ensure that
any research, development, test, and evaluation activities
conducted within the Department of Energy that are directly or
indirectly related to homeland security are fully coordinated
with the Secretary to minimize duplication of effort and
maximize the effective application of Federal budget resources.
SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF
AGRICULTURE.
(a) In General.--In accordance with title XV, the Secretary
of Agriculture shall transfer to the Secretary of Homeland
Security the Plum Island Animal Disease Center of the
Department of Agriculture, including the assets and liabilities
of the Center.
(b) Continued Department of Agriculture Access.--On
completion of the transfer of the Plum Island Animal Disease
Center under subsection (a), the Secretary of Homeland Security
and the Secretary of Agriculture shall enter into an agreement
to ensure that the Department of Agriculture is able to carry
out research, diagnostic, and other activities of the
Department of Agriculture at the Center.
(c) Direction of Activities.--The Secretary of Agriculture
shall continue to direct the research, diagnostic, and other
activities of the Department of Agriculture at the Center
described in subsection (b).
(d) Notification.--
(1) In general.--At least 180 days before any change
in the biosafety level at the Plum Island Animal
Disease Center, the President shall notify Congress of
the change and describe the reasons for the change.
(2) Limitation.--No change described in paragraph (1)
may be made earlier than 180 days after the completion
of the transition period (as defined in section 1501).
(e) Successor Facility.--Any successor facility to the Plum
Island Animal Disease Center, including the National Bio and
Agro-Defense Facility (NBAF) under construction as of the date
of the enactment of this subsection, which is intended to the
replace the Plum Island Animal Disease Center shall be subject
to the requirements of this section in the same manner and to
the same extent as the Plum Island Animal Disease Center under
this section.
SEC. 311. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.
(a) Establishment.--There is established within the
Department a Homeland Security Science and Technology Advisory
Committee (in this section referred to as the ``Advisory
Committee''). The Advisory Committee shall make recommendations
with respect to the activities of the Under Secretary for
Science and Technology, including identifying research areas of
potential importance to the security of the Nation.
(b) Membership.--
(1) Appointment.--The Advisory Committee shall
consist of [20 members] not fewer than 15 members and
not more than 30 members appointed by the Under
Secretary for Science and Technology, which shall
include emergency first-responders or representatives
of academia, national labs, private industry, and
organizations or associations of emergency first-
responders. The Advisory Committee shall also include
representatives of citizen groups, including
economically disadvantaged communities. The individuals
appointed as members of the Advisory Committee--
(A) shall be eminent in fields such as
emergency response, research, engineering, new
product development, business, and management
consulting;
(B) shall be selected solely on the basis of
established records of distinguished service;
(C) shall not be employees of the Federal
Government; and
(D) shall be so selected as to provide
representation of a cross-section of the
research, development, demonstration, and
deployment activities supported by the Under
Secretary for Science and Technology.
(2) Subcommittees.--The Advisory Committee may
establish subcommittees that focus on research and
development challenges, as appropriate.
[(2)] (3) National research council.--The Under
Secretary for Science and Technology may enter into an
arrangement for the National Research Council to select
members of the Advisory Committee, but only if the
panel used by the National Research Council reflects
the representation described in paragraph (1).
(c) Terms of Office.--
(1) In general.--Except as otherwise provided in this
subsection, the term of office of each member of the
Advisory Committee shall be 3 years on a rotating
basis.
[(2) Original appointments.--The original members of
the Advisory Committee shall be appointed to three
classes. One class of six shall have a term of 1 year,
one class of seven a term of 2 years, and one class of
seven a term of 3 years.]
[(3)] (2) Vacancies.--A member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall [be
appointed] serve for the remainder of such term.
(d) Eligibility.--A person who has completed two consecutive
full terms of service on the Advisory Committee shall
thereafter be ineligible for appointment during the 1-year
period following the expiration of the second such term.
(e) Meetings.--The Advisory Committee shall meet at least
quarterly at the call of the Chair or whenever one-third of the
members so request in writing. Each member shall be given
appropriate notice of [the call of] each meeting, whenever
possible not less than 15 days before the meeting.
(f) Quorum.--A majority of the members of the Advisory
Committee not having a conflict of interest in the matter being
considered by the Advisory Committee shall constitute a quorum.
(g) Conflict of Interest Rules.--The Advisory Committee shall
establish rules for determining when 1 of its members has a
conflict of interest in a matter being considered by the
Advisory Committee.
(h) Reports.--
(1) Annual report.--The Advisory Committee shall
[render] submit an annual report to the Under Secretary
for Science and Technology for transmittal to
[Congress] the appropriate congressional committees on
or before January 31 of each year. Such report shall
describe the activities and recommendations of the
Advisory Committee, and incorporate the findings and
recommendations of the Advisory Committee
subcommittees, during the previous year.
(2) Additional reports.--The Advisory Committee may
[render] submit to the Under Secretary for transmittal
to [Congress] the appropriate congressional committees
such additional reports on specific policy matters as
it considers appropriate.
(i) Federal Advisory Committee Act Exemption.--Section 14 of
the Federal Advisory Committee Act shall not apply to the
Advisory Committee, except that the Advisory Committee shall
file a charter with Congress every two years in accordance with
subsection (b)(2) of such section 14.
(j) Termination.--The Department of Homeland Security Science
and Technology Advisory Committee shall terminate on December
31, [2008] 2020.
* * * * * * *
SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT INNOVATIVE
SOLUTIONS TO ENHANCE HOMELAND SECURITY.
(a) Establishment of Program.--The Secretary, acting through
the Under Secretary for Science and Technology, shall establish
and promote a program to encourage technological innovation in
facilitating the mission of the Department (as described in
section 101).
(b) Elements of Program.--The program described in subsection
(a) shall include the following components:
(1) The establishment of a centralized Federal
clearinghouse for information relating to technologies
that would further the mission of the Department for
dissemination, as appropriate, to Federal, State, and
local government and private sector entities for
additional review, purchase, or use.
(2) The issuance of announcements seeking unique and
innovative technologies to advance the mission of the
Department.
(3) The establishment of a technical assistance team
to assist in screening, as appropriate, proposals
submitted to the Secretary (except as provided in
subsection (c)(2)) to assess the feasibility,
scientific and technical merits, and estimated cost of
such proposals, as appropriate.
(4) The provision of guidance, recommendations, and
technical assistance, as appropriate, to assist
Federal, State, and local government and private sector
efforts to evaluate and implement the use of
technologies described in paragraph (1) or (2).
(5) The provision of information for persons seeking
guidance on how to pursue proposals to develop or
deploy technologies that would enhance homeland
security, including information relating to Federal
funding, regulation, or acquisition.
(c) Application of Program.--The Secretary, acting through
the Under Secretary for Science and Technology, shall use the
program established under subsection (a) to--
(1) enhance the cooperation between components and
offices of the Department on projects that have similar
goals, timelines, or outcomes;
(2) ensure the coordination of technologies to
eliminate unnecessary duplication of research and
development;
(3) ensure technologies are accessible for component
and office use on a Department website; and
(4) carry out any additional purpose the Secretary
determines necessary.
[(c)] (d) Miscellaneous Provisions.--
(1) In general.--Nothing in this section shall be
construed as authorizing the Secretary or the technical
assistance team established under subsection (b)(3) to
set standards for technology to be used by the
Department, any other executive agency, any State or
local government entity, or any private sector entity.
(2) Certain proposals.--The technical assistance team
established under subsection (b)(3) shall not consider
or evaluate proposals submitted in response to a
solicitation for offers for a pending procurement or
for a specific agency requirement.
(3) Coordination.--In carrying out this section, the
Secretary shall coordinate with the Technical Support
Working Group (organized under the April 1982 National
Security Decision Directive Numbered 30).
* * * * * * *
SEC. 318. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND
DEVELOPMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this section, the Under Secretary for Science
and Technology shall establish a process to define, identify,
prioritize, fund, and task the basic and applied homeland
security research and development activities of the Directorate
of Science and Technology to meet the needs of the components
and offices of the Department, the first responder community,
and the Homeland Security Enterprise (as such term is defined
in section 322).
(b) Process.--The process established under subsection (a)
shall--
(1) be responsive to near-, mid-, and long-term
needs, including unanticipated needs to address
emerging threats;
(2) utilize gap analysis and risk assessment tools
where available and applicable;
(3) include protocols to assess--
(A) 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 such
capability gap; and
(B) communication and collaboration for
research and development activities pursued by
other executive agencies, to determine if
technology can be leveraged to identify and
address homeland security capability gaps and
avoid unnecessary duplication of efforts;
(4) provide for documented and validated research and
development requirements;
(5) strengthen first responder participation to
identify and prioritize 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 and
offices of the Department; and
(B) establishing and promoting a publicly
accessible portal to allow the first responder
community to help the Directorate of Science
and Technology develop homeland security
research and development goals;
(6) institute a mechanism to publicize the
Department's homeland security technology priorities
for the purpose of informing Federal, State, and local
governments, first responders, and the private sector;
(7) establish considerations to be used by the
Directorate in selecting appropriate research entities,
including the national laboratories, federally funded
research and development centers, university-based
centers, and the private sector, to carry out research
and development requirements;
(8) incorporate feedback derived as a result of the
mechanism established in section 323, ensuring the
Directorate is utilizing regular communication with
components and offices of the Department; and
(9) include any other criteria or measures the Under
Secretary for Science and Technology considers
necessary for the identification and prioritization of
research requirements.
SEC. 319. DEVELOPMENT OF DIRECTORATE STRATEGY AND RESEARCH AND
DEVELOPMENT PLAN.
(a) Strategy.--
(1) In general.--Not later than one year after the
date of the enactment of this section, the Under
Secretary for Science and Technology shall develop and
submit to the appropriate congressional committees a
strategy to guide the activities of the Directorate of
Science and Technology. Such strategy shall be updated
at least once every five years and shall identify
priorities and objectives for the development of
science and technology solutions and capabilities
addressing homeland security operational needs. Such
strategy shall include the coordination of such
priorities and activities within the Department. Such
strategy shall take into account the priorities and
needs of stakeholders in the Homeland Security
Enterprise (as such term is defined in section 322). In
developing such strategy, efforts shall be made to
support collaboration and avoid unnecessary duplication
across the Federal Government. Such strategy shall be
risk-based and aligned with other strategic guidance
provided by--
(A) the National Strategy for Homeland
Security;
(B) the Quadrennial Homeland Security Review;
and
(C) any other relevant strategic planning
documents, as determined by the Under
Secretary.
(2) Contents.--The strategy required under paragraph
(1) shall be prepared in accordance with applicable
Federal requirements and guidelines, and shall include
the following:
(A) An identification of the long-term
strategic goals, objectives, and metrics of the
Directorate.
(B) A technology transition strategy for the
programs of the Directorate.
(C) Short- and long-term strategic goals, and
objectives for increasing the number of
designations and certificates issued under
subtitle G of title VIII, including
cybersecurity technologies that could
significantly reduce, or mitigate the effects
of, cybersecurity risks (as such term is
defined in subsection (a)(1) of the second
section 226, relating to the national
cybersecurity and communications integration
center), without compromising the quality of
the evaluation of applications for such
designations and certificates.
(b) Five-year Research and Development Plan.--
(1) In general.--The Under Secretary for Science and
Technology shall develop, and update at least once
every five years, a five-year research and development
plan for the activities of the Directorate of Science
and Technology. The Under Secretary shall develop the
first such plan by the date that is not later than one
year after the date of the enactment of this section.
(2) Contents.--Each five-year research and
development plan developed and revised under subsection
(a) shall--
(A) define the Directorate of Science and
Technology's research, development, testing,
and evaluation activities, priorities,
performance metrics, and key milestones and
deliverables for, as the case may be, the five-
fiscal-year period from 2016 through 2020, and
for each five-fiscal-year period thereafter;
(B) describe, for the activities of the
strategy developed under subsection (a), the
planned annual funding levels for the period
covered by each such five-year research and
development plan;
(C) indicate joint investments with other
Federal partners where applicable, and enhanced
coordination with organizations as specified in
paragraph (19) of section 302, as appropriate;
(D) analyze how the research programs of the
Directorate support achievement of the
strategic goals and objectives identified in
the strategy required under subsection (a);
(E) describe how the activities and programs
of the Directorate meet the requirements or
homeland security capability gaps identified by
customers within and outside of the Department,
including the first responder community; and
(F) describe the policies of the Directorate
regarding the management, organization, and
personnel of the Directorate.
(3) Scope.--The Under Secretary for Science and
Technology shall ensure that each five-year research
and development plan developed and revised under
subsection (a)--
(A) reflects input from a wide range of
stakeholders; and
(B) takes into account how research and
development by other Federal, State, private
sector, and nonprofit institutions contributes
to the achievement of the priorities identified
in each plan, and avoids unnecessary
duplication with such efforts.
(4) Reports.--At the time the President submits each
annual budget request under section 1105(a) of title
31, United States Code, the Under Secretary for Science
and Technology shall submit to the appropriate
congressional committees a report on the status and
results to date of implementation of the current five-
year research and development plan, including--
(A) a summary of the research and development
activities for the previous fiscal year in each
topic area, including such activities to
address homeland security risks, including
threats, vulnerabilities, and consequences, and
a summary of the coordination activities
undertaken by the Directorate of Science and
Technology for components and offices of the
Department, together with the results of the
process specified in paragraph (15) of section
302;
(B) clear links between the Directorate's
budget and each topic area or program,
including those topic areas or programs to
address homeland security risks, including
threats, vulnerabilities, and consequences,
specifying which topic areas or programs fall
under which budget lines, and clear links
between Directorate coordination work and
priorities and annual expenditures for such
work and priorities, including joint
investments with other Federal partners, where
applicable;
(C) an assessment of progress of the research
and development activities based on the
performance metrics and milestones set forth in
such plan; and
(D) any changes to such plan.
SEC. 320. MONITORING OF PROGRESS.
(a) In General.--The Under Secretary for Science and
Technology shall establish and utilize a system to track the
progress of the research, development, testing, and evaluation
activities undertaken by the Directorate of Science and
Technology, and shall provide to the appropriate congressional
committees and customers of such activities, at a minimum on a
biannual basis, regular updates on such progress.
(b) Requirements.--In order to provide the progress updates
required under subsection (a), the Under Secretary for Science
and Technology shall develop a system that--
(1) monitors progress toward project milestones
identified by the Under Secretary;
(2) maps progress toward deliverables identified in
each five-year research and development plan required
under section 319(b);
(3) generates up-to-date reports to customers that
transparently disclose the status and progress of
research, development, testing, and evaluation efforts
of the Directorate of Science and Technology; and
(4) allows the Under Secretary to report the number
of products and services developed by the Directorate
that have been transitioned into acquisition programs
and resulted in successfully fielded technologies.
(c) Evaluation Methods.--
(1) External input, consultation, and review.--The
Under Secretary for Science and Technology shall
implement procedures to engage outside experts to
assist in the evaluation of the progress of research,
development, testing, and evaluation activities of the
Directorate of Science and Technology, including
through--
(A) consultation with experts, including
scientists and practitioners, to gather
independent expert peer opinion and advice on a
project or on specific issues or analyses
conducted by the Directorate; and
(B) periodic, independent, external review to
assess the quality and relevance of the
Directorate's programs and projects.
(2) Component feedback.--The Under Secretary for
Science and Technology shall establish a formal process
to collect feedback from customers of the Directorate
of Science and Technology on the performance of the
Directorate that includes--
(A) appropriate methodologies through which
the Directorate can assess the quality and
usefulness of technology and services delivered
by the Directorate;
(B) development of metrics for measuring the
usefulness of any technology or service
provided by the Directorate; and
(C) standards for high-quality customer
service.
SEC. 321. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.
(a) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology and the Under Secretary
for Management, shall establish a fellows program, to be known
as the Homeland Security Science and Technology Fellows Program
(in this section referred to as the ``Program''), under which
the Under Secretary for Science and Technology, in coordination
with the Office of University Programs of the Department, shall
facilitate the placement of fellows in relevant scientific or
technological fields for up to two years in components and
offices of the Department with a need for scientific and
technological expertise.
(b) Utilization of Fellows.--
(1) In general.--Under the Program, the Department
may employ fellows--
(A) for the use of the Directorate of Science
and Technology; or
(B) for the use of a component or office of
the Department outside the Directorate, under a
memorandum of agreement with the head of such a
component or office under which such component
or office will reimburse the Directorate for
the costs of such employment.
(2) Responsibilities.--Under an agreement referred to
in subparagraph (B) of paragraph (1)--
(A) the Under Secretary for Science and
Technology and the Under Secretary for
Management shall--
(i) solicit and accept applications
from individuals who are currently
enrolled in or who are graduates of
postgraduate programs in scientific and
engineering fields related to the
promotion of securing the homeland or
critical infrastructure sectors;
(ii) screen applicants and interview
them as appropriate to ensure that such
applicants possess the appropriate
level of scientific and engineering
expertise and qualifications;
(iii) provide a list of qualified
applicants to the heads of components
and offices of the Department seeking
to utilize qualified fellows;
(iv) subject to the availability of
appropriations, pay financial
compensation to such fellows;
(v) coordinate with the Chief
Security Officer to facilitate and
expedite provision of security and
suitability clearances to such fellows,
as appropriate; and
(vi) otherwise administer all aspects
of the employment of such fellows with
the Department; and
(B) the head of the component or office of
the Department utilizing a fellow shall--
(i) select such fellow from the list
of qualified applicants provided by the
Under Secretary;
(ii) reimburse the Under Secretary
for the costs of employing such fellow,
including administrative costs; and
(iii) be responsible for the day-to-
day management of such fellow.
(c) Applications From Nonprofit Organizations.--The Under
Secretary for Science and Technology may accept an application
under subsection (b)(2)(A) that is submitted by a nonprofit
organization on behalf of individuals whom such nonprofit
organization has determined may be qualified applicants under
the Program.
SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary for Science and
Technology shall support research, development, testing,
evaluation, and transition of cybersecurity technology,
including fundamental research to improve the sharing of
information, analytics, and methodologies related to
cybersecurity risks and incidents, consistent with current law.
(b) Activities.--The research and development supported under
subsection (a) shall serve the components of the Department and
shall--
(1) advance the development and accelerate the
deployment of more secure information systems;
(2) improve and create technologies for detecting
attacks or intrusions, including real-time continuous
diagnostics 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 information systems;
(4) support, in coordination with private sector, the
review of source code that underpins critical
infrastructure information systems;
(5) 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;
(6) assist the development and support of
technologies to reduce vulnerabilities in industrial
control systems; and
(7) develop and support cyber forensics and attack
attribution.
(c) Coordination.--In carrying out this section, the Under
Secretary for Science and Technology shall coordinate
activities with--
(1) the Under Secretary appointed pursuant to section
103(a)(1)(H);
(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,
the Networking and Information Technology Research and
Development Program Office, Sector Specific Agencies
for critical infrastructure, and other appropriate
working groups established by the President to identify
unmet needs and cooperatively support activities, as
appropriate; and
(3) industry and academia.
(d) Transition to Practice.--The Under Secretary for Science
and Technology shall support projects through the full life
cycle of such projects, including research, development,
testing, evaluation, pilots, and transitions. The Under
Secretary shall identify mature technologies that address
existing imminent cybersecurity gaps in public or private
information systems and networks of information systems,
identify and support necessary improvements identified during
pilot programs and testing and evaluation activities, and
introduce new cybersecurity technologies throughout the
Homeland Security Enterprise through partnerships and
commercialization. The Under Secretary shall target federally
funded cybersecurity research that demonstrates a high
probability of successful transition to the commercial market
within two years and that is expected to have notable impact on
the cybersecurity of the information systems or networks of
information systems of the United States.
(e) Definitions.--In this section:
(1) Cybersecurity risk.--The term ``cybersecurity
risk'' has the meaning given such term in the second
section 226, relating to the national cybersecurity and
communications integration center.
(2) Homeland security enterprise.--The term
``Homeland Security Enterprise'' means relevant
governmental and nongovernmental entities involved in
homeland security, including Federal, State, local, and
tribal government officials, private sector
representatives, academics, and other policy experts.
(3) Incident.--The term ``incident'' has the meaning
given such term in the second section 226, relating to
the national cybersecurity and communications
integration center.
(4) Information system.--The term ``information
system'' has the meaning given that term in section
3502(8) of title 44, United States Code.
SEC. 323. INTEGRATED PRODUCT TEAMS.
(a) In General.--The Secretary shall establish integrated
product teams to serve as a central mechanism for the
Department to identify, coordinate, and align research and
development efforts with departmental missions. Each team shall
be managed by the Under Secretary for Science and Technology
and the relevant senior leadership of operational components,
and shall be responsible for the following:
(1) Identifying and prioritizing homeland security
capability gaps within a specific mission area and
technological solutions to address such gaps.
(2) Identifying ongoing departmental research and
development activities and component acquisitions of
technologies that are outside of departmental research
and development activities to address a specific
mission area.
(3) Assessing the appropriateness of a technology to
address a specific mission area.
(4) Identifying unnecessary redundancy in
departmental research and development activities within
a specific mission area.
(5) Informing the Secretary and the annual budget
process regarding whether certain technological
solutions are able to address homeland security
capability gaps within a specific mission area.
(b) Congressional Oversight.--Not later than two years after
the date of enactment of this section, the Secretary shall
provide to the appropriate congressional committees information
on the impact and effectiveness of the mechanism described in
subsection (a) on research and development efforts, component
relationships, and how the process has informed the research
and development budget and enhanced decision making, including
acquisition decision making, at the Department. The Secretary
shall seek feedback from the Under Secretary for Science and
Technology, Under Secretary for Management, and the senior
leadership of operational components regarding the impact and
effectiveness of such mechanism and include such feedback in
the information provided under this subsection.
SEC. 324. HOMELAND SECURITY-STEM SUMMER INTERNSHIP PROGRAM.
(a) In General.--The Under Secretary for Science and
Technology shall establish a Homeland Security-STEM internship
program (in this section referred to as the ``program'') to
carry out the objectives of this subtitle.
(b) Program.--The program shall provide students with
exposure to Department mission-relevant research areas to
encourage such students to pursue STEM careers in homeland
security related fields. Internships offered under the program
shall be for up to ten weeks during the summer.
(c) Eligibility.--The Under Secretary for Science and
Technology shall develop criteria for participation in the
program, including the following:
(1) At the time of application, an intern shall--
(A) have successfully completed not less than
one academic year of study at an institution of
higher education in a STEM field;
(B) be enrolled in a course of study in a
STEM field at an institution of higher
education; and
(C) plan to continue such course of study or
pursue an additional course of study in a STEM
field at an institution of higher education in
the academic year following the internship.
(2) An intern shall be pursuing career goals aligned
with the Department's mission, goals, and objectives.
(3) Any other criteria the Under Secretary determines
appropriate.
(d) Cooperation.--The program shall be administered in
cooperation with the university-based centers for homeland
security under section 308. Interns in the program shall be
provided hands-on research experience and enrichment activities
focused on Department research areas.
(e) Academic Requirements; Operation.--The Under Secretary
for Science and Technology shall determine the academic
requirements, other selection criteria, and standards for
successful completion of each internship period in the program.
The Under Secretary shall be responsible for the design,
implementation, and operation of the program.
(f) Research Mentors.--The Under Secretary for Science and
Technology shall ensure that each intern in the program is
assigned a research mentor to act as counselor and advisor and
provide career-focused advice.
(g) Outreach to Certain Under-represented Students.--The
Under Secretary for Science and Technology shall conduct
outreach to students who are members of groups under-
represented in STEM careers to encourage their participation in
the program.
(h) Institution of Higher Education Defined.--In this
section, the term ``institution of higher education'' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002), except that the term does not
include institutions described in subparagraph (C) of such
section 102(a)(1).
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TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle D--Acquisitions
SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--Until September 30, [2015] 2020, and subject
to subsection (d), the Secretary may carry out a pilot program
under which the Secretary may exercise the following
authorities:
(1) In general.--When the Secretary carries out
basic, applied, and advanced research and development
projects, including the expenditure of funds for such
projects, the Secretary may exercise the same authority
(subject to the same limitations and conditions) with
respect to such research and projects as the Secretary
of Defense may exercise under section 2371 of title 10,
United States Code (except for subsections (b) and
(f)), after making a determination that the use of a
contract, grant, or cooperative agreement for such
project is not feasible or appropriate. [The annual
report required under subsection (b) of this section,
as applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the
Speaker of the House of Representatives.]
(2) Prototype projects.--The Secretary may, under the
authority of paragraph (1), carry out prototype
projects in accordance with the requirements and
conditions provided for carrying out prototype projects
under section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160). In
applying the authorities of that section 845,
subsection (c) of that section shall apply with respect
to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary
of Defense under subsection (d) thereof.
(3) Prior approval.--In any case in which a component
or office of the Department seeks to utilize the
authority under this section, such office or component
shall first receive prior approval from the Secretary
by providing to the Secretary a proposal that includes
the rationale for the use of such authority, the funds
to be spent on the use of such authority, and the
expected outcome for each project that is the subject
of the use of such authority. In such a case, the
authority for evaluating the proposal may not be
delegated by the Secretary to anyone other than the
Under Secretary for Management.
(b) Procurement of Temporary and Intermittent Services.--The
Secretary may--
(1) procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United
States Code; and
(2) whenever necessary due to an urgent homeland
security need, procure temporary (not to exceed 1 year)
or intermittent personal services, including the
services of experts or consultants (or organizations
thereof), without regard to the pay limitations of such
section 3109.
(c) Additional Requirements.--
(1) In general.--The authority of the Secretary under
this section shall terminate September 30, [2015] 2020,
unless before that date the Secretary--
(A) issues policy guidance detailing the
appropriate use of that authority; and
(B) provides training to each employee that
is authorized to exercise that authority.
[(2) Report.--The Secretary shall provide an annual
report to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the
House of Representatives detailing the projects for
which the authority granted by subsection (a) was used,
the rationale for its use, the funds spent using that
authority, the outcome of each project for which that
authority was used, and the results of any audits of
such projects.]
(2) Report.--The Secretary shall annually submit to
the appropriate congressional committees a report
detailing the projects for which the authority granted
by subsection (a) was used, the rationale for such use,
the funds spent using such authority, the extent of
cost-sharing for such projects among Federal and non-
federal sources, the extent to which use of such
authority has addressed a homeland security capability
gap identified by the Department, the total amount of
payments, if any, that were received by the Federal
Government as a result of the use of such authority
during the period covered by each such report, the
outcome of each project for which such authority was
used, and the results of any audits of such projects.
(d) Definition of Nontraditional Government Contractor.--In
this section, the term ``nontraditional Government contractor''
has the same meaning as the term ``nontraditional defense
contractor'' as defined in section 845(e) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note).
(e) Training.--The Secretary shall develop a training program
for acquisitions staff in the use of other transaction
authority to help ensure the appropriate use of such authority.
(f) Other Transaction Authority Defined.--In this section,
the term ``other transaction authority'' means authority under
subsection (a).
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