[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3578 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
1st Session
H. R. 3578
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 14, 2015
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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 new subsection:
``(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 and threats to the homeland 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 threats; 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 new subsection:
``(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 amended 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)--
(I) by striking ``the Under
Secretary for Intelligence and Analysis
and the Assistant Secretary for
Infrastructure Protection'' and
inserting ``components and offices of
the Department''; and
(II) by inserting ``terrorist''
before ``threats'';
(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 threats to the homeland 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 and threats to the homeland 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 homeland security capability gaps
and terrorist threats;
``(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
subsections:
``(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 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 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
new subsection:
``(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
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 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 5 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 1
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)--
(I) by striking ``20 members'' and
inserting ``not fewer than 15 and not
more than 30''; 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''; and
(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 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'';
(E) in subsection (i), by inserting ``, except that
the Advisory Committee shall file a charter with
Congress every 2 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.''; and
(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 terrorist
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 or threat
to the homeland can be addressed through the
acquisition process instead of commencing research and
development of technology to address such capability
gap or threat; 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 or threats to the homeland 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 1 year after the date of
the enactment of this section, the Under Secretary for Science
and Technology shall develop and submit 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 a
strategy to guide the activities of the Directorate of Science
and Technology. Such strategy shall be updated at least once
every 5 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,
including those to address terrorist threats.
``(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 5
years, a 5-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 1 year after the date of the enactment
of this section.
``(2) Contents.--Each 5-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 5-fiscal-year period from 2016 through
2020, and for each 5-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 5-
year research and development plan;
``(C) indicate joint investments with other Federal
partners where applicable, and enhanced coordination,
as appropriate, with organizations as specified in
paragraph (19) of section 302;
``(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 or threats to the homeland
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 5-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.--The Under Secretary for Science and
Technology shall submit 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 an annual report for 7
years beginning not later than 1 year after the date of the
development of the initial 5-year research and development plan
under paragraph (1) on the status and results to date of the
implementation of such plan and the updates to such plan,
including--
``(A) a summary of the research and development
activities for the previous fiscal year in each mission
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 mission area or program, including those
mission areas or programs to address homeland security
risks, including threats, vulnerabilities, and
consequences, specifying which mission 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
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 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
5-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 2
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 the 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 or 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 2
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 or threats to the homeland 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 or threats to the
homeland within a specific mission area.
``(b) Congressional Oversight.--Not later than 2 years after the
date of enactment of this section, the Secretary shall provide 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 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, including threats to the
homeland, to encourage such students to pursue STEM careers in homeland
security related fields. Internships offered under the program shall be
for up to 10 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 1
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
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 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 or threat to the
homeland 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
those 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
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.
Passed the House of Representatives December 10, 2015.
Attest:
KAREN L. HAAS,
Clerk.