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108hr4852ih | IAIP personnel recruitment
(a) In general
Chapter 97 of title 5, United States Code, is amended by adding after section 9701 the following: 9702. Recruitment bonuses
(a) In general
Notwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. |
108hr4852ih | (b) Bonus amount
(1) In general
The amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment
A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule
For purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. |
108hr4852ih | (c) Service agreements
Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. |
108hr4852ih | (d) Eligibility
A bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. |
108hr4852ih | (e) Termination
The authority to pay bonuses under this section shall terminate on September 30, 2007. 9703. Reemployed annuitants
(a) In general
If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. |
108hr4852ih | (b) Applicability
This section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. |
108hr4852ih | (c) Definition
For purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate. 9704. Regulations
The Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703.. (b) Clerical amendment
The analysis for chapter 97 of title 5, United States Code, is amended by adding after the item relating to section 9701 the following: 9702. |
108hr4852ih | Recruitment bonuses 9703. Reemployed annuitants 9704. Regulations. 9702. Recruitment bonuses
(a) In general
Notwithstanding any provision of chapter 57, the Secretary of Homeland Security, acting through the Under Secretary for Information Analysis and Infrastructure Protection, may pay a bonus to an individual in order to recruit such individual for a position that— (1) is within the Directorate for Information Analysis and Infrastructure Protection; and (2) would otherwise be difficult to fill in the absence of such a bonus. |
108hr4852ih | (b) Bonus amount
(1) In general
The amount of a bonus under this section shall be determined under regulations of the Secretary of Homeland Security, but may not exceed 50 percent of the annual rate of basic pay of the position involved. (2) Form of payment
A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (3) Computation rule
For purposes of paragraph (1), the annual rate of basic pay of a position does not include any comparability payment under section 5304 or any similar authority. |
108hr4852ih | (c) Service agreements
Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Department of Homeland Security. The agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. |
108hr4852ih | (d) Eligibility
A bonus under this section may not be paid to recruit an individual for— (1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. |
108hr4852ih | (e) Termination
The authority to pay bonuses under this section shall terminate on September 30, 2007. 9703. Reemployed annuitants
(a) In general
If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Homeland Security, the annuitant’s annuity shall continue. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. |
108hr4852ih | (b) Applicability
This section shall apply— (1) during the 3-year period beginning on the date of the enactment of this section, to annuitants holding positions within the Directorate for Information Analysis and Infrastructure Protection; and (2) after the end of the 3-year period described in paragraph (1), to annuitants holding positions within such directorate or other parts of the Department of Homeland Security as the Secretary of Homeland Security may designate. |
108hr4852ih | (c) Definition
For purposes of this section, the term annuitant has the meaning given such term under section 8331 or 8401, whichever is appropriate. 9704. Regulations
The Secretary of Homeland Security, in consultation with the Director of the Office of Personnel Management, may prescribe any regulations necessary to carry out section 9702 or 9703. 106. Participation of the Department in the Terrorist Threat Integration Center
(a) Assignment of personnel
Section 201(e) of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 121(e) ) is amended by adding at the end the following new paragraph: (4) Assignment of personnel to ttic
Personnel of the Department may be assigned to the Terrorist Threat Integration Center (or any successor entity) only for the purpose of performing analytic functions and related duties. (b) Report on participation in Terrorist Threat Integration Center
(1) In general
Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to each appropriate congressional committee an unclassified report that describes in detail the nature and scope of the participation of the Department of Homeland Security in, |
108hr4852ih | and interaction with, the Terrorist Threat Integration Center. (2) Contents
The report required by paragraph (1) shall include the following information: (A) The total funding that has been provided by the Department to the Center and the cost of any personnel, services, or materials the Department has provided to the Center. (B) The number, expertise, and employing component of Department personnel assigned to the Center. (C) Any non-Department regulation, policy or directive that governs the qualifications, job performance, or conduct of Department personnel assigned to the Center. |
108hr4852ih | (D) A description of all analytic products originated by the Center that are routinely disseminated to the Department, including the entities or officials within the Department that routinely receive such products, and the means by which such products are disseminated. (E) A description of how each analytic product provided to the Department by the Center is utilized by the Department, including a specification of which, if any, such products the Department routinely disseminates to State, local, or private sector officials. (3) Form of submission
The report required by this section shall be submitted in unclassified form, but may include a classified annex. |
108hr4852ih | (4) Definitions
In this subsection: (A) Secretary
The term Secretary means the Secretary of Homeland Security. (B) Appropriate congressional committees
The term appropriate congressional committee has the meaning given that term in section 2(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(2) ). (C) Center
The term Center means the Terrorist Threat Integration Center. 201. Cybersecurity defined
(a) Paperwork reduction Act
Section 3502 of title 44, United States Code, |
108hr4852ih | is amended by striking and after the semicolon at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ; and , and by adding at the end the following: (15) (A) the term cybersecurity means the prevention of damage to, the protection of, and the restoration of computers, electronic communications systems, electronic communication services, wire communications, and electronic communications, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation; |
108hr4852ih | and (B) in this paragraph— (i) each of the terms damage and computer has the meaning that term has in section 1030 of title 18, United States Code; and (ii) each of the terms electronic communications system , electronic communication service , wire communication , and electronic communication has the meaning that term has in section 2510 of title 18, United States Code. (b) Homeland Security Act of 2002
Section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 101 ) is amended by adding at the end the following: (17) (A) The term cybersecurity has the meaning given that term in section 3502 of title 44, United States Code, as in effect on the date of the enactment of the Department of Homeland Security Authorization Act for Fiscal Year 2005.. 202. Assistant Secretary for Cybersecurity
(a) In general
Subtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 203. |
108hr4852ih | Assistant Secretary for Cybersecurity
(a) In general
There shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the Assistant Secretary ), who shall assist the Secretary in promoting cybersecurity for the Nation. (b) General authority
The Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. |
108hr4852ih | (c) Responsibilities
The responsibilities of the Assistant Secretary shall include the following: (1) To establish and manage— (A) a national cybersecurity response system that includes the ability to— (i) analyze the effect of cybersecurity threat information on national critical infrastructure; and (ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; (B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; |
108hr4852ih | (C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; (D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and (E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. (2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. |
108hr4852ih | (3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. (4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(6) ) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. |
108hr4852ih | (5) To develop processes for information sharing with the private sector, consistent with section 214, that— (A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and (B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. (6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers. |
108hr4852ih | (7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. (8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. (9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. (10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. |
108hr4852ih | (d) Authority over the National Communications System
The Assistant Secretary shall have primary authority within the Department over the National Communications System.. (b) Clerical amendment
The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to subtitle A of title II the following: 203. Assistant Secretary for Cybersecurity. 203. |
108hr4852ih | Assistant Secretary for Cybersecurity
(a) In general
There shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the Assistant Secretary ), who shall assist the Secretary in promoting cybersecurity for the Nation. (b) General authority
The Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. |
108hr4852ih | (c) Responsibilities
The responsibilities of the Assistant Secretary shall include the following: (1) To establish and manage— (A) a national cybersecurity response system that includes the ability to— (i) analyze the effect of cybersecurity threat information on national critical infrastructure; and (ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; (B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; |
108hr4852ih | (C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; (D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and (E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. (2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. |
108hr4852ih | (3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. (4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(6) ) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. |
108hr4852ih | (5) To develop processes for information sharing with the private sector, consistent with section 214, that— (A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and (B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. (6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers. |
108hr4852ih | (7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. (8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. (9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. (10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. |
108hr4852ih | (d) Authority over the National Communications System
The Assistant Secretary shall have primary authority within the Department over the National Communications System. 301. Homeland Security Institute extension
Section 312(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 192(g) ) is amended to read as follows: (g) Termination
The Homeland Security Institute shall terminate 10 years after its establishment.. 302. Special access programs
For the purposes of carrying out the responsibilities of the Secretary under section 302 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 182 ), the Secretary is authorized to establish and maintain special access programs associated with research, development, test and evaluation, and acquisition of technology or systems. Access to knowledge of such programs shall be strictly limited, and such programs shall be subject to restricted reporting requirements in the manner described in section 119 of title 10, United States Code. Nothing in this section shall be construed to alter or diminish the effect of section 306(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 186(a) ). 303. |
108hr4852ih | Homeland Security Science and Technology Advisory Committee
Section 311(c)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 191(c)(2) ) is amended to read as follows: (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.. 304. |
108hr4852ih | Additional budget-related submissions
(a) In general
Beginning in fiscal year 2006, and annually thereafter, the Secretary of Homeland Security shall submit to the Congress budget request information for the Directorate of Science and Technology that includes research portfolio-based budget submissions and estimated funding summaries for each of— (1) the Office of Research and Development; (2) the Office of Homeland Security Advanced Research Projects Agency; (3) the Office of Systems Engineering Development; (4) the Office of Plans, Programs, and Budget; and (5) such other major Directorate components as the Secretary may establish. |
108hr4852ih | (b) Submission
The Secretary shall submit the information required under subsection (a) at the same time as the submission of the President’s annual budget request to the Congress. 305. Technology-related solicitations, contracts, and grants
Not later than 60 days after the end of each fiscal year, the Under Secretary for Science and Technology shall transmit to the Congress a summary of the solicitations and resulting contracts and grants awarded by the Directorate of Science and Technology in the past fiscal year, including— (1) a description of each solicitation offered, the number of proposals received in response to each solicitation, |
108hr4852ih | and the number of proposals selected for funding for each solicitation; (2) a description of the process used for proposal selection in each solicitation, including the role of peer review; (3) the status of contract funding with respect to each selected proposal; (4) a breakdown of the types of organizations receiving funding, such as institutions of higher education, small businesses, private industry, and nonprofit organizations; and (5) the number of transactions entered into as authorized under section 831(a)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 391(a)(1) ) and a description of the benefits of the use of this authority by the Directorate of Science and Technology. 306. Homeland security science investment
(a) Assessment
The Secretary of Homeland Security shall conduct an assessment of— (1) the development of national capabilities in homeland security science and technology to address basic scientific research needs, which shall— (A) identify the most important scientific and technological challenges and priorities for homeland security; (B) assess the extent to which the Department of Homeland Security research and development agenda is addressing the challenges and priorities identified under subparagraph (A); |
108hr4852ih | (C) assess whether the Department is effectively coordinating Federal research and development efforts in homeland security, particularly in the areas identified under subparagraph (A); (D) assess the extent to which the agenda of the Department for basic research ensures that the Nation undertakes appropriate science investments to meet the long-term homeland security needs of the Nation, and recommend the extent to which such investments should be undertaken; and (E) identify the criteria used for setting the optimal level of investment in basic research; and (2) the methods used by the Directorate of Science and Technology for the prioritization of science and technology projects among, and within, research portfolios, |
108hr4852ih | including the selection and execution of such projects, which shall— (A) evaluate the process by which the Directorate obtains classified and unclassified threat and vulnerability information, and how that information is used to inform decisions on resource and funding allocations; (B) evaluate the usefulness of following a cost/benefit analysis to allocate funding among those portfolios and Directorate components; and (C) evaluate the current methodology for selecting, funding, and awarding homeland security science programs at the national laboratories and academic institutions, and whether optimal use of such laboratories and institutions is being made. |
108hr4852ih | (b) Deadline
Not later than one year after the date of enactment of this Act, the Secretary shall transmit to the Congress the findings of the Department’s assessment under subsection (a), including recommendations for improvements where necessary. 307. |
108hr4852ih | Cybersecurity training programs and equipment
(a) In general
The Secretary of Homeland Security, acting through the Assistant Secretary for Cybersecurity, may establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for— (1) the establishment or expansion of cybersecurity professional development programs; (2) the establishment or expansion of associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs. |
108hr4852ih | (b) Roles
(1) Department of Homeland Security
The Secretary, acting through the Assistant Secretary for Cybersecurity and in consultation with the Director of the National Science Foundation, shall establish the goals for the program established under this section and the criteria for awarding grants under the program. (2) National Science Foundation
The Director of the National Science Foundation shall operate the program established under this section consistent with the goals and criteria established under paragraph (1), including soliciting applicants, reviewing applications, and making and administering grant awards. The Director may consult with the Assistant Secretary for Cybersecurity in selecting awardees. |
108hr4852ih | (3) Funding
The Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section. (c) Grant awards
(1) Peer review
All grant awards under this section shall be made on a competitive, merit-reviewed basis. (2) Focus
In making grant awards under this section, the Director shall, to the extent practicable, ensure geographic diversity and the participation of women and underrepresented minorities. |
108hr4852ih | (3) Preference
In making grant awards under this section, the Director shall give preference to applications submitted by consortia of institutions to encourage as many students and professionals as possible to benefit from this program. (d) Authorization of appropriations
There is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for fiscal year 2005. (e) Definitions
In this section, the term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). 308. |
108hr4852ih | Joint development of counterterrorism and homeland security technologies, products, and services
(a) Authorization
For the purpose of jointly developing counterterrorism and homeland security technologies, products, and services, the Secretary of Homeland Security may enter into agreements or partnerships with foreign governments that are allies of the United States in the war on terrorism and have extensive experience in counterterrorism activities, including the Government of Israel and the Government of the United Kingdom. |
108hr4852ih | (b) Funding
Of the amounts appropriated for programs administered by the Directorate of Science and Technology of the Department of Homeland Security for fiscal year 2005, there is authorized up to $20,000,000 to carry out this section. 309. Geospatial information
(a) Coordination of geospatial information
With respect to geospatial technology, and interoperability of such technology, the Secretary of Homeland Security shall— (1) identify the homeland security-related geospatial information needs of the Department of Homeland Security; (2) evaluate the geospatial information gathering activities of the Directorates of the Department, |
108hr4852ih | and take appropriate actions to enhance information sharing, integration, or consolidation with respect to such activities within the Department; (3) evaluate geospatial technologies, including information, data, systems, services, hardware, and software, that are utilized by or available to the Department; (4) evaluate whether geospatial information collected under projects for which the Department has provided grant funds is available to the Department; (5) ensure that the Department is participating in and coordinating with the Federal Geographic Data Committee and other similar entities; (6) identify the homeland security-related geospatial information that is being collected by other Federal agencies, |
108hr4852ih | and evaluate its usefulness to the Department; (7) coordinate geospatial information sharing processes between the Department and other Federal, State, and local agencies; and (8) to the extent practicable, utilize commercial geospatial data and services to meet the geospatial information needs of the Department or to supplement the geospatial activities of the Department and its directorates. (b) Geospatial Management Office
The Secretary of Homeland Security shall establish a Geospatial Management Office. |
108hr4852ih | The head of such office shall be the Geospatial Information Officer, who shall be responsible for coordinating the geospatial information activities of the Department of Homeland Security, with support and assistance from other Directorates and offices within the Department. (c) Defined terms
As used in this subsection: (1) Geospatial information
The term geospatial information means graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, remote sensing data, and images. |
108hr4852ih | (2) Geospatial technology
The term geospatial technology means any technology utilized by analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or engineers for the collection, storage, retrieval, or dissemination of geospatial information, including global satellite surveillance systems, global position systems (GPS), geographic information systems (GIS), mapping equipment, geocoding technology, and remote sensing devices. 310. |
108hr4852ih | Interoperable communications
(a) Coordination of public safety interoperable communications programs
The Secretary of Homeland Security shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall— (1) establish a comprehensive national approach to achieving public safety interoperable communications; (2) coordinate with other Federal agencies in carrying out paragraph (1); (3) develop, in consultation with other appropriate Federal agencies and State and local authorities, an appropriate baseline of communications interoperability for Federal, State, and local public safety agencies; (4) accelerate, in consultation with other Federal agencies, |
108hr4852ih | including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications; (5) encourage the development of flexible and open architectures, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability; (6) assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications; (7) identify priorities within the Department for research, development, and testing and evaluation with regard to public safety interoperable communications; |
108hr4852ih | (8) establish coordinated guidance for Federal grant programs for public safety interoperable communications; (9) provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability; (10) develop and disseminate best practices to improve public safety communications interoperability; and (11) develop appropriate performance measures and milestones to systematically measure the Nation’s progress towards achieving public safety communications interoperability, including the development of national voluntary consensus standards. |
108hr4852ih | (b) Office of Public Safety Interoperable Communications
(1) Establishment
The Secretary may establish an Office of Public Safety Interoperable Communications to carry out this section. (2) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to advisory groups established and maintained by the Office. |
108hr4852ih | (c) Report
Not later than 120 days after the date of the enactment of this Act, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications, a schedule of milestones for such development, and achievements of such development. 311. Technology development and transfer
(a) Transfer program
Section 313 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 193 ) is amended— (1) by adding at the end of subsection (b) the following new paragraph: (6) The establishment of a homeland security technology and equipment transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by Federal, State, and local governmental agencies, emergency response providers, and the private sector. (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection: (c) Technology transfer program
In developing the program described in subsection (b)(6), the Secretary, |
108hr4852ih | acting through the Under Secretary for Science and Technology, shall— (1) in consultation with the Under Secretary for Emergency Preparedness and Response and the Director of the Office for Domestic Preparedness, on an ongoing basis— (A) conduct surveys and reviews of available appropriate technologies that have been developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, or the private sector, and that may be useful in assisting Federal, State, and local governmental agencies, emergency response providers, or the private sector to prevent, prepare for, or respond to acts of terrorism; (B) conduct or support tests, evaluations, |
108hr4852ih | or demonstrations as appropriate of technologies identified under subparagraph (A), including any necessary modifications to such technologies for counterterrorism use; and (C) communicate to Federal, State, and local governmental agencies, emergency response providers, or the private sector the availability of such technologies for counterterrorism use; and (2) in support of the activities described in paragraph (1)— (A) consult with Federal, State, and local emergency response providers; (B) consult with government and nationally recognized standards organizations as appropriate; (C) enter into agreements and coordinate with other Federal agencies as the Secretary determines appropriate, |
108hr4852ih | in order to maximize the effectiveness of such technologies or to facilitate commercialization of such technologies; and (D) consult with existing technology transfer programs and Federal and State training centers that test, evaluate, and transfer military and other technologies for use by emergency response providers. (b) Report
Not later than one year after the date of enactment of this Act, the Under Secretary for Science and Technology shall transmit to the Congress a description of the progress the Department has made in implementing the provisions of section 313 of the Homeland Security Act of 2002, as amended by this Act, |
108hr4852ih | including a description of the process used to review unsolicited proposals received as described in subsection (b)(3) of such section. (c) Savings Clause
Nothing in this section (including the amendments made by this section) shall be construed to alter or diminish the effect of the limitation on the authority of the Secretary of Homeland Security under section 302(4) of the Homeland Security Act of 2002 ( 6 U.S.C. 182(4) ) with respect to human health-related research and development activities. 401. |
108hr4852ih | Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection
(a) In general
Title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: E Miscellaneous
251. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection
(a) Establishment
There is hereby established the Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection, which shall be evidenced by a medal of such design, materials, and inscriptions as the Secretary may prescribe. |
108hr4852ih | (b) Making and presentation of award
(1) In general
The President (on the basis of recommendations received from the Secretary), or the Secretary, shall periodically make the award to companies and other organizations that in the judgment of the President or the Secretary significantly enhance the security of critical infrastructure through implementing innovative solutions, improvements, or practices, creating a competitive atmosphere for industry to adopt the most comprehensive homeland security solutions and systems, and that as a consequence are deserving of special recognition. |
108hr4852ih | (2) Presentation
The presentation of the award shall be made by the President or the Secretary with such ceremonies as the President or the Secretary may consider proper. (3) Publication and use of award
An organization to which an award is made under this section may publicize its receipt of such award and use the award in its advertising. (4) Limitation on eligibility
An organization to which an award is made under this section shall be ineligible to receive another such award in the same category for a period of 5 years. |
108hr4852ih | (c) Categories of awards
(1) In general
Subject to paragraphs (2), (3), and (4), separate awards shall be made to qualifying organizations in each of the following categories: (A) Cyber infrastructure. (B) Physical infrastructure. (C) Human capital. (D) Innovative approaches to infrastructure independency. |
108hr4852ih | (2) Modification of categories
The Secretary may at any time expand, subdivide, or otherwise modify the list of categories under paragraph (1), and may establish separate awards for small businesses, units of government, or other organizations upon a determination that the objectives of this section would be better served thereby. (3) Limitation on number of awards in category
Not more than two awards may be made within any category in any year, unless the Secretary determines that a third award is merited due to extraordinary circumstances. |
108hr4852ih | (d) Criteria for qualification
(1) In general
An organization may qualify for an award under this section only if it— (A) applies to the Secretary, in writing, for the award; (B) permits a rigorous evaluation of the way in which its business and other operations have implemented innovative solutions, improvements, or practices to secure critical infrastructure; (C) agrees to share its experience to assist other American organizations improve their implementation of solutions, improvements, or practices to secure critical infrastructure; and (D) meets such requirements and specifications as the Secretary, after receiving recommendations from the board of examiners established under paragraph (5), |
108hr4852ih | determines to be appropriate to achieve the objectives of this section. (2) Evaluation by Board of examiners
In applying subparagraph (1)(B) with respect to any organization, the Secretary shall rely upon an intensive evaluation by a competent board of examiners that reviews the evidence submitted by the organization and, through a site visit, verifies the effectiveness of and the accuracy of claims regarding the innovative solutions, improvements, or practices to secure critical infrastructure. |
108hr4852ih | (3) Use of nonprofit entities
(A) In general
The Secretary may, under appropriate contractual arrangements, carry out the responsibilities under subparagraphs (A) and (B) of paragraph (1) through one or more broad-based nonprofit entities that are leaders in the field of critical infrastructure and that have a history of public or government service. (B) Board of examiners
The Secretary shall appoint a board of examiners for the award, consisting of at least 5 persons selected for their preeminence in the field of infrastructure protection. |
108hr4852ih | (e) Information and technology transfer program
The Secretary shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Secretary also shall provide information about the awards and the successful infrastructure protection strategies and programs of the award-winning participants to all participants and other appropriate groups. (f) Funding
The Secretary may seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for the award in amounts sufficient to provide such additional sums. |
108hr4852ih | The Secretary may use appropriated funds to carry out responsibilities under this Act. (g) Small business defined
As used in this section the term small business means a small business concern as defined in section 2 of Public Law 85–539 ( 15 U.S.C. 632 ) and implementing regulations of the Administrator of the Small Business Administration.. (b) Clerical amendment
The table of contents in section 1(b) of such Act is amended by inserting at the end of the items relating to title II the following: Subtitle E—Miscellaneous Sec. 251. |
108hr4852ih | Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection. 251. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection
(a) Establishment
There is hereby established the Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection, which shall be evidenced by a medal of such design, materials, and inscriptions as the Secretary may prescribe. |
108hr4852ih | (b) Making and presentation of award
(1) In general
The President (on the basis of recommendations received from the Secretary), or the Secretary, shall periodically make the award to companies and other organizations that in the judgment of the President or the Secretary significantly enhance the security of critical infrastructure through implementing innovative solutions, improvements, or practices, creating a competitive atmosphere for industry to adopt the most comprehensive homeland security solutions and systems, and that as a consequence are deserving of special recognition. |
108hr4852ih | (2) Presentation
The presentation of the award shall be made by the President or the Secretary with such ceremonies as the President or the Secretary may consider proper. (3) Publication and use of award
An organization to which an award is made under this section may publicize its receipt of such award and use the award in its advertising. (4) Limitation on eligibility
An organization to which an award is made under this section shall be ineligible to receive another such award in the same category for a period of 5 years. |
108hr4852ih | (c) Categories of awards
(1) In general
Subject to paragraphs (2), (3), and (4), separate awards shall be made to qualifying organizations in each of the following categories: (A) Cyber infrastructure. (B) Physical infrastructure. (C) Human capital. (D) Innovative approaches to infrastructure independency. |
108hr4852ih | (2) Modification of categories
The Secretary may at any time expand, subdivide, or otherwise modify the list of categories under paragraph (1), and may establish separate awards for small businesses, units of government, or other organizations upon a determination that the objectives of this section would be better served thereby. (3) Limitation on number of awards in category
Not more than two awards may be made within any category in any year, unless the Secretary determines that a third award is merited due to extraordinary circumstances. |
108hr4852ih | (d) Criteria for qualification
(1) In general
An organization may qualify for an award under this section only if it— (A) applies to the Secretary, in writing, for the award; (B) permits a rigorous evaluation of the way in which its business and other operations have implemented innovative solutions, improvements, or practices to secure critical infrastructure; (C) agrees to share its experience to assist other American organizations improve their implementation of solutions, improvements, or practices to secure critical infrastructure; and (D) meets such requirements and specifications as the Secretary, after receiving recommendations from the board of examiners established under paragraph (5), |
108hr4852ih | determines to be appropriate to achieve the objectives of this section. (2) Evaluation by Board of examiners
In applying subparagraph (1)(B) with respect to any organization, the Secretary shall rely upon an intensive evaluation by a competent board of examiners that reviews the evidence submitted by the organization and, through a site visit, verifies the effectiveness of and the accuracy of claims regarding the innovative solutions, improvements, or practices to secure critical infrastructure. |
108hr4852ih | (3) Use of nonprofit entities
(A) In general
The Secretary may, under appropriate contractual arrangements, carry out the responsibilities under subparagraphs (A) and (B) of paragraph (1) through one or more broad-based nonprofit entities that are leaders in the field of critical infrastructure and that have a history of public or government service. (B) Board of examiners
The Secretary shall appoint a board of examiners for the award, consisting of at least 5 persons selected for their preeminence in the field of infrastructure protection. |
108hr4852ih | (e) Information and technology transfer program
The Secretary shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Secretary also shall provide information about the awards and the successful infrastructure protection strategies and programs of the award-winning participants to all participants and other appropriate groups. (f) Funding
The Secretary may seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for the award in amounts sufficient to provide such additional sums. |
108hr4852ih | The Secretary may use appropriated funds to carry out responsibilities under this Act. (g) Small business defined
As used in this section the term small business means a small business concern as defined in section 2 of Public Law 85–539 ( 15 U.S.C. 632 ) and implementing regulations of the Administrator of the Small Business Administration. 402. Sense of Congress regarding private sector participation in the Homeland Security Operations Center
It is the sense of Congress that the Department of Homeland Security’s Homeland Security Operations Center should increase on-site participation of representatives from the private sector critical infrastructure sectors. 403. |
108hr4852ih | Treatment of global positioning system as critical infrastructure
Section 201(d)(5) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d)(5) ) is amended by inserting the civilian Global Positioning System (GPS) infrastructure, after communications systems,. 404. |
108hr4852ih | Coordination of critical infrastructure grants
The Under Secretary for Information Analysis and Infrastructure Protection and the Director of the Office for Domestic Preparedness shall coordinate their activities and develop mechanisms to— (1) ensure that grants related to critical infrastructure protection are consistent with priorities, recommendations, and activities of the Under Secretary for Information Analysis and Infrastructure Protection under section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ); and (2) track and provide reporting on such grants by recipient, type of activity funded, and critical infrastructure sector addressed. 405. |
108hr4852ih | Critical infrastructure protection awareness
Within 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and distribute print, video, and interactive critical infrastructure protection awareness and education materials for emergency response providers (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) and owners and operators of such infrastructure, that describe critical infrastructure and its interdependent nature, its implications for local communities, and resources available for responding to critical infrastructure catastrophic events. 501. |
108hr4852ih | Terrorism exercise program requirements
The Secretary of Homeland Security shall ensure that terrorism preparedness exercises conducted by the Department of Homeland Security and related information and training— (1) enhance coordination and preparedness for acts of terrorism at all levels of Federal, State, and local governments and the private sector; (2) are— (A) multidisciplinary in nature, including, as appropriate, cybersecurity components; (B) as realistic as practicable and risk-based; (C) evaluated against performance measures and followed by corrective action to solve identified deficiencies; and (D) assessed to learn best practices, |
108hr4852ih | which shall be shared with appropriate Federal, State, and local personnel and authorities; and (3) assist State and local governments with the implementation of exercises that— (A) conform to the requirements of paragraph (2); and (B) are consistent with any applicable State homeland security strategy or plan. 502. Grant award notification and distribution
(a) Notification
With respect to any grant awarded by the Department of Homeland Security to any local government (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 101 )), the Secretary of Homeland Security shall promptly provide notice of the award of such grant, including the name of the recipient and the amount of the award, to the appropriate State government official. (b) Distribution
In making any grant targeted to a high-threat, high-density urban area, the Secretary shall ensure, to the maximum extent practicable, that such grants are distributed among the jurisdictions that could reasonably be expected to provide support to the high-threat, high-density urban area following an act of terrorism, including interstate jurisdictions. 503. |
108hr4852ih | Mutual aid program
The Secretary of Homeland Security shall establish a program supporting the development of mutual aid systems for preparedness for and response to acts of terrorism and other emergencies throughout the Nation, by— (1) identifying and cataloging existing mutual aid agreements related to preparedness for and response to acts of terrorism and other emergencies at the State and local levels of government; (2) disseminating to State and local governments examples of best practices in the development of mutual aid agreements and models of existing mutual aid agreements, including agreements involving interstate jurisdictions; and (3) completing an inventory of Federal response capabilities for acts of terrorism and other emergencies, |
108hr4852ih | making such inventory available to appropriate Federal, State, and local government officials, and ensuring that such inventory is as current and accurate as practicable. 504. National preparedness goal
(a) Deadline
No later than 120 days after the date of the enactment of this Act, and consistent with the provisions of section 505 of the Homeland Security Act of 2002 ( 6 U.S.C. 315 ), the Secretary of Homeland Security shall develop and publish a domestic emergency national preparedness goal, with a particular emphasis on preparedness for acts of terrorism. |
108hr4852ih | (b) Preparedness goal defined
The national preparedness goal shall— (1) establish measurable readiness priorities; (2) balance the potential threat and magnitude of acts of terrorism, major disasters, and other emergencies with the resources required to prevent, respond to, and recover from them; (3) include readiness metrics and elements to measure achievement of the national preparedness goal; (4) include standards for preparedness assessments and strategies; and (5) establish a system for assessing the Nation’s overall preparedness to respond to major events, especially those involving acts of terrorism. |
108hr4852ih | (c) Coordination and consultation
In developing the national preparedness goal, the Secretary shall— (1) coordinate with the heads of other appropriate Federal departments and agencies; (2) consult with State and local governments, including representatives of a cross section of emergency response provider disciplines; and (3) consult with national voluntary consensus standards development organizations. (d) Submission
Upon completion of the national preparedness goal, the Secretary shall submit to the Congress a description of such goal and the coordination and consultation process used to develop it under subsection (c). 505. |
108hr4852ih | Clarification of responsibility for interoperative communications
(a) Under Secretary for Emergency Preparedness and Response
Section 502(7) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(7) ) is amended— (1) by striking developing comprehensive programs for developing interoperative communications technology, and ; and (2) by striking such and inserting interoperative communications. (b) Office for Domestic Preparedness
Section 430(c) of such Act ( 6 U.S.C. |
108hr4852ih | 238(c) ) is amended to read as follows: (1) in paragraph (7) by striking and after the semicolon; (2) in paragraph (8) by striking the period and inserting ; and ; and (3) by adding at the end the following: (9) helping to ensure the acquisition of interoperative communication technology by State and local governments and emergency response providers.. 506. National biodefense strategy
(a) Strategy
(1) In general
Consistent with the provisions of section 505 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 315 ) and subsections (a) and (b) of section 304 of such Act ( 6 U.S.C. 184 ), the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal agencies, shall develop a comprehensive national biodefense strategy (in this section referred to as the biodefense strategy ) for meeting the requirements, responsibilities, and authorities of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. |
108hr4852ih | ), including sections 201(d)(1), 302(2), and 502(3) of such Act, with respect to the biodefense mission of the Department. (2) Deadlines
The Secretary shall— (A) develop the biodefense strategy not later than one year after the date of the enactment of this Act; and (B) regularly update such strategy as necessary, but not less than every four years. |
108hr4852ih | (b) Contents
The biodefense strategy shall set forth the following: (1) The objectives, missions, and priorities, including how such objectives, missions, and priorities were established and will be updated. (2) A description of the biological threats to and vulnerabilities of the Nation, including a prioritization of such threats in terms of risk. (3) A specification of each Federal agency with research and development responsibilities regarding such objectives, missions, and priorities, and a description of such responsibilities. |
108hr4852ih | (4) A specification of each Federal agency with other responsibilities regarding such objectives, missions, and priorities (including surveillance, threat and risk analysis, and incident response), and a description of such responsibilities. (5) The mechanisms by which coordination among the Federal agencies described in paragraphs (3) and (4) will be achieved. (6) The role of State and local governments and private sector institutions in the biodefense strategy, as identified by the Federal agencies described in paragraphs (3) and (4) with the responsibility and mission to coordinate and communicate with State and local governments and private sector institutions. |
Subsets and Splits