[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4941 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4941

  To reform the science and technology programs and activities of the 
        Department of Homeland Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2006

 Mr. Reichert (for himself and Mr. Pascrell) introduced the following 
     bill; which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
  To reform the science and technology programs and activities 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 ``Homeland Security Science and 
Technology Enhancement Act of 2006''.

SEC. 2. NATIONAL STANDARDS FOR HOMELAND SECURITY EQUIPMENT AND 
              TRAINING.

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

``SEC. 314. NATIONAL STANDARDS FOR HOMELAND SECURITY EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary for Science and Technology, and in consultation with 
        other components of the Department, as appropriate, shall 
        support the development, promulgation, and updating as 
        necessary of national voluntary consensus standards for the 
        performance, use, and validation of equipment used by Federal, 
        State, and local government and nongovernment emergency 
        response providers, and by the components of the Department. 
        Such standards--
                    ``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) shall take into account, as appropriate, new 
                types of terrorism threats and responsibilities of the 
                Department that may not have been contemplated when 
                such existing standards were developed;
                    ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety; and
                    ``(D) shall cover all appropriate uses of the 
                equipment.
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider national voluntary 
        consensus standards for the performance, use, and validation of 
        the following categories of equipment:
                    ``(A) Thermal imaging equipment.
                    ``(B) Radiation detection and analysis equipment.
                    ``(C) Biological detection and analysis equipment.
                    ``(D) Chemical detection and analysis equipment.
                    ``(E) Decontamination and sterilization equipment.
                    ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    ``(G) Respiratory protection equipment.
                    ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    ``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    ``(J) Containment vessels.
                    ``(K) Contaminant-resistant vehicles.
                    ``(L) Aerial platforms.
                    ``(M) Special rescue equipment.
                    ``(N) Screening and patrolling technologies.
                    ``(O) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
            ``(3) Certification and accreditation.--The Secretary, in 
        carrying out this subsection, and in coordination with the 
        Director of the National Institute of Standards and Technology, 
        may support the certification of equipment and the 
        accreditation of laboratories to conduct testing and 
        evaluation.
            ``(4) Equipment standards and acquisitions.--
                    ``(A) Department supported acquisitions.--If an 
                applicant for financial assistance provided by the 
                Department proposes to use such financial assistance to 
                upgrade or purchase new equipment or systems that do 
                not meet or exceed any applicable national voluntary 
                consensus standards, the applicant shall include in its 
                application for financial assistance an explanation of 
                why such equipment or systems will serve the needs of 
                the applicant better than equipment or systems that 
                meet or exceed such standards.
                    ``(B) Department acquisitions.--When an operational 
                unit of the Department proposes to upgrade or purchase 
                new equipment or systems, the head of that unit shall 
                consult with the Under Secretary for Science and 
                Technology on whether such equipment or systems meet or 
                exceed any applicable national voluntary consensus 
                standards and whether there is need for the Department 
                to support the development or updating of applicable 
                national voluntary consensus standards.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary for Science and Technology, and in consultation with 
        other components of the Department, as appropriate, shall 
        support the development, promulgation, and regular updating as 
        necessary of national voluntary consensus standards for 
        training that will enable Federal, State, and local government 
        and nongovernment emergency response providers and Department 
        personnel to use equipment effectively and appropriately in 
        carrying out their responsibilities. Such standards shall give 
        priority to providing training to--
                    ``(A) enable Federal, State, and local government 
                and nongovernment emergency response providers and 
                Department personnel to prevent, prepare for, respond 
                to, mitigate against, and recover from terrorist 
                threats, including threats from chemical, biological, 
                radiological, and nuclear weapons and explosive devices 
                capable of inflicting significant human casualties, and 
                other emergencies; and
                    ``(B) familiarize Federal, State, and local 
                government and nongovernment emergency response 
                providers and Department personnel with the proper use 
                of equipment, including software, developed pursuant to 
                the standards established under subsection (a).
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of activities:
                    ``(A) Regional planning.
                    ``(B) Joint exercises.
                    ``(C) Intelligence collection, analysis, and 
                sharing.
                    ``(D) Decisionmaking protocols for incident 
                response and alarms.
                    ``(E) Emergency notification of affected 
                populations.
                    ``(F) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    ``(G) Screening and patrolling procedures.
                    ``(H) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
            ``(3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that--
                    ``(A) training standards for Federal, State, and 
                local government and nongovernment emergency response 
                providers are consistent with the principles of 
                emergency preparedness for all hazards; and
                    ``(B) training standards for Department personnel 
                are consistent with the counterterrorism and 
                traditional responsibilities of the Department.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for equipment for and training 
under this section, the Secretary shall consult with relevant public 
and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the National Association of County and City Health 
        Officials;
            ``(4) the Association of State and Territorial Health 
        Officials;
            ``(5) the American National Standards Institute;
            ``(6) the National Institute of Justice;
            ``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            ``(8) the National Public Health Performance Standards 
        Program;
            ``(9) the National Institute for Occupational Safety and 
        Health;
            ``(10) ASTM International;
            ``(11) the International Safety Equipment Association;
            ``(12) the Emergency Management Accreditation Program; and
            ``(13) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    ``(d) Coordination With Secretaries of HHS and Transportation.--In 
establishing any national voluntary consensus standards under this 
section for equipment for or training of emergency response providers 
that involve or relate to health or emergency medical services 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services and the Secretary of Transportation.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 313 the following new item:

``Sec. 314. National standards for homeland security equipment and 
                            training.''.

SEC. 3. TECHNOLOGY DEVELOPMENT AND TRANSFER.

    (a) Establishment of Technology Clearinghouse.--Not later than 90 
days after the date of enactment of this Act, the Secretary shall 
complete the establishment of the Technology Clearinghouse under 
section 313 of the Homeland Security Act of 2002.
    (b) Transfer Program.--Section 313 of the Homeland Security Act of 
2002 (6 U.S.C. 193) is amended--
            (1) in subsection (b)(3), by striking ``subsection (c)(2)'' 
        and inserting ``subsection (e)(2)'';
            (2) by adding at the end of subsection (b) the following 
        new paragraph:
            ``(6) The establishment of a homeland security technology 
        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 to 
        prevent, prepare for, or respond to acts of terrorism or other 
        emergencies.'';
            (3) by redesignating subsection (c) as subsection (e); and
            (4) by inserting after subsection (b) the following new 
        subsections:
    ``(c) Elements of the Technology Transfer Program.--The activities 
of the program described in subsection (b)(6) shall include--
            ``(1) identifying available technologies that have been, or 
        are in the process of being, developed, tested, evaluated, or 
        demonstrated by the Department, other Federal agencies, the 
        private sector, or foreign governments and international 
        organizations, and reviewing whether such technologies may be 
        useful in assisting Federal, State, and local governmental 
        agencies, emergency response providers, or the private sector 
        to prevent, prepare for, respond to, or recover from acts of 
        terrorism or other emergencies; and
            ``(2) communicating to Federal, State, and local 
        governmental agencies, emergency response providers, or the 
        private sector the availability of such technologies, as well 
        as the technology's specifications, satisfaction of appropriate 
        standards, and the appropriate grants available from the 
        Department to purchase such technologies.
    ``(d) Responsibilities of Under Secretary for Science and 
Technology.--In support of the activities described in subsection (c), 
the Under Secretary for Science and Technology shall--
            ``(1) conduct or support, based on the Department's current 
        risk assessments, research, development, demonstrations, tests, 
        and evaluations, as appropriate, of technologies identified 
        under subsection (c)(1), including of--
                    ``(A) any necessary modifications to such 
                technologies for use by emergency response providers; 
                and
                    ``(B) incorporation of human factors in the 
                development and suggested use of such technologies;
            ``(2) ensure that the technology transfer activities 
        throughout the Directorate of Science and Technology are 
        coordinated, including the technology transfer aspects of 
        projects and grants awarded to the private sector and academia;
            ``(3) consult with the other Under Secretaries of the 
        Department, the Director of the Federal Emergency Management 
        Agency, and the Director of the Domestic Nuclear Detection 
        Office on an ongoing basis;
            ``(4) consult with Federal, State, and local emergency 
        response providers;
            ``(5) consult with government agencies and standards 
        development organizations as appropriate;
            ``(6) enter into agreements and coordinate with other 
        Federal agencies, foreign governments, and national and 
        international organizations as appropriate, in order to 
        maximize the effectiveness of such technologies or to 
        facilitate commercialization of such technologies;
            ``(7) consult with existing technology transfer programs 
        and Federal and State training centers that research, develop, 
        test, evaluate, and transfer military and other technologies 
        for use by emergency response providers; and
            ``(8) establish a working group in coordination with the 
        Secretary of Defense to advise and assist the technology 
        clearinghouse in the identification of military technologies 
        that are in the process of being developed, or are developed, 
        by the Department of Defense or the private sector, which may 
        include--
                    ``(A) representatives from the Department of 
                Defense or retired military officers;
                    ``(B) nongovernmental organizations or private 
                companies that are engaged in the research, 
                development, testing, or evaluation of related 
                technologies or that have demonstrated prior experience 
                and success in searching for and identifying 
                technologies for Federal agencies;
                    ``(C) Federal, State, and local emergency response 
                providers; and
                    ``(D) as appropriate, other organizations, other 
                interested Federal, State, and local agencies, and 
                other interested persons.''.
    (c) Report.--Not later than 1 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, including a description of the 
process used to review unsolicited proposals received as described in 
subsection (b)(3) of such section.
    (d) 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.

SEC. 4. HOMELAND SECURITY INSTITUTE.

    (a) Transfer.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall transfer responsibility for 
administering the Homeland Security Institute established under section 
312 of the Homeland Security Act of 2002 (6 U.S.C. 192) to the Under 
Secretary for Policy, Planning, and International Affairs. The Homeland 
Security Institute shall continue to carry out the duties described in 
subsection (c) of such section. Section 872 of the Homeland Security 
Act of 2002 (6 U.S.C. 452) shall not apply to a transfer under this 
section.
    (b) Termination.--Section 312(g) of the Homeland Security Act of 
2002 (6 U.S.C. 192(g)) is amended by striking ``5 years'' and inserting 
``10 years''.

SEC. 5. HOMELAND SECURITY TECHNOLOGY ADVISORY COMMITTEE.

    Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C. 
191(j)) is amended to read as follows:
    ``(j) Termination.--The Department of Homeland Security Science and 
Technology Advisory Committee shall terminate 10 years after its 
establishment.''.

SEC. 6. REGIONAL TECHNOLOGY INTEGRATION PROGRAM.

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

``SEC. 315. REGIONAL TECHNOLOGY INTEGRATION PROGRAM.

    ``(a) In General.--The Under Secretary for Science and Technology, 
in coordination with the Under Secretary for Preparedness and with 
appropriate governors, mayors, and other State and local government 
officials, shall provide technical guidance, training, and other 
assistance, as appropriate, to support the transfer and integration of 
homeland security technologies and protocols in urban and other high 
risk jurisdictions determined by the Secretary to be at consistently 
high levels of risk from terrorist attack.
    ``(b) Activities.--The program supported under subsection (a) shall 
work to--
            ``(1) facilitate the transition of innovative technologies 
        and operational concepts, including those described in 
        subsection (c);
            ``(2) integrate new technologies with existing 
        infrastructure, systems, and concepts;
            ``(3) identify capability and technology gaps for future 
        research, development, test, and evaluation;
            ``(4) evaluate system performance, life cycle, and human 
        factor issues; and
            ``(5) disseminate lessons learned to other communities.
    ``(c) Innovative Technologies and Operational Concepts.--The 
innovative technologies and operational concepts referred to in 
subsection (b)(1) include--
            ``(1) detection systems for weapons of mass destruction;
            ``(2) emergency management information systems;
            ``(3) situational awareness;
            ``(4) information sharing;
            ``(5) atmospheric transport and dispersion modeling;
            ``(6) public alerts and warnings;
            ``(7) aerial platforms; and
            ``(8) emergency medical support.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 314 the following new item:

``Sec. 315. Regional technology integration program.''.

SEC. 7. CYBERSECURITY RESEARCH AND DEVELOPMENT.

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

``SEC. 316. CYBERSECURITY RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall support research and development, including fundamental, long-
term research, in cybersecurity to improve the ability of the United 
States to prevent, protect against, detect, respond to, and recover 
from cyber attacks, with emphasis on research and development relevant 
to large-scale, high-impact attacks.
    ``(b) Activities.--The research and development supported under 
subsection (a) shall include work to--
            ``(1) advance the development and accelerate the deployment 
        of more secure versions of critical information systems, 
        including--
                    ``(A) fundamental Internet protocols and 
                architectures, including for the domain name system and 
                routing protocols; and
                    ``(B) control systems used in critical 
                infrastructure sectors;
            ``(2) improve and create technologies for detecting attacks 
        or intrusions, including monitoring technologies;
            ``(3) improve and create mitigation and recovery 
        methodologies, including techniques for containment of attacks 
        and development of resilient networks and systems that degrade 
        gracefully; and
            ``(4) develop and support infrastructure and tools to 
        support cybersecurity research and development efforts, 
        including modeling, testbeds, and data sets for assessment of 
        new cybersecurity technologies.
    ``(c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate activities with--
            ``(1) the Assistant Secretary for Cybersecurity and 
        Telecommunications; and
            ``(2) other Federal agencies, including the National 
        Science Foundation, the Defense Advanced Research Projects 
        Agency, the Information Assurance Directorate of the National 
        Security Agency, and the National Institute of Standards and 
        Technology, to identify unmet needs and cooperatively support 
        activities, as appropriate.
    ``(d) Nature of Research.--Activities under this section shall be 
carried out in accordance with section 306(a) of this Act.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 315 the following new item:

``Sec. 316. Cybersecurity research and development.''.

SEC. 8. STANDARDS FOR CRITICAL INFRASTRUCTURE INFORMATION SYSTEMS.

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

``SEC. 317. STANDARDS FOR CRITICAL INFRASTRUCTURE INFORMATION SYSTEMS.

    ``(a) Standards Program.--The Under Secretary for Science and 
Technology shall establish a program to support the development and 
promulgation of national voluntary consensus standards for 
requirements, performance testing, and user training with respect to 
critical infrastructure information systems.
    ``(b) Purpose.--The standards developed under subsection (a) shall 
be designed to assist State and local jurisdictions, including those in 
urban and other areas at consistently high levels of risk from 
terrorist attack, and emergency response providers to acquire and 
implement critical infrastructure information systems and to store and 
access information regarding critical infrastructure to be used in 
responding to acts of terrorism or other emergencies.
    ``(c) Requirements.--The standards developed under subsection (a) 
shall be designed to facilitate--
            ``(1) the interoperability of systems to enable sharing of 
        information in a variety of formats and across stakeholders at 
        the Federal, State, and local levels;
            ``(2) the ease of deployment of the systems to the field;
            ``(3) the ability to retrieve situational awareness 
        information in real-time;
            ``(4) the integrity, security, and accessibility of stored 
        information;
            ``(5) the application of human factors science in the 
        development of the system;
            ``(6) the availability and content of training programs for 
        potential users; and
            ``(7) meeting any other requirements determined by the 
        Under Secretary to be appropriate.
    ``(d) Reports.--The Under Secretary for Science and Technology 
shall submit to Congress--
            ``(1) 6 months after the date of enactment of this section, 
        a report describing the plan for carrying out the program under 
        this section, which shall include a schedule for the 
        development of national voluntary consensus standards for 
        critical infrastructure information systems; and
            ``(2) 12 months after the date of enactment of this 
        section, a report which shall include a description of--
                    ``(A) the steps taken under this program and the 
                funding dedicated to this program; and
                    ``(B) the steps that have been or will be taken to 
                promote the adoption of the standards by appropriate 
                standard-setting organizations.
    ``(e) Definitions.--In this section--
            ``(1) the term `critical infrastructure information 
        systems' means software programs that store, manage, and 
        display information about critical infrastructure to support 
        situational awareness and real-time decisionmaking of law 
        enforcement, fire services, emergency medical services, 
        emergency management agencies, other emergency response 
        providers, and critical infrastructure facility stakeholders. 
        Critical infrastructure information may include maps and other 
        geospatial information, emergency plans, interior and exterior 
        imagery, entry and exit points, and any other information about 
        infrastructure or facilities that may be beneficial to users of 
        critical infrastructure information systems; and
            ``(2) the term `critical infrastructure' has the meaning 
        given that term in section 1016(e) of the Uniting and 
        Strengthening America by Providing Appropriate Tools Required 
        to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
        2001 (42 U.S.C. 5195c(e)).''.
    (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 316 the following new item:

``Sec. 317. Standards for critical infrastructure information 
                            systems.''.

SEC. 9. SCHOLARSHIP AND FELLOWSHIP PROGRAMS AT THE DEPARTMENT OF 
              HOMELAND SECURITY.

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

``SEC. 318. SCHOLARSHIP AND FELLOWSHIP PROGRAMS.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall encourage the development 
of an adequate supply of people trained in and performing research in 
science, technology, engineering, and mathematical fields relevant to 
homeland security.
    ``(b) Responsibilities.--In carrying out this section, the 
Secretary may support--
            ``(1) programs at the undergraduate, graduate, and 
        postdoctoral levels; and
            ``(2) internship programs that take advantage of the 
        homeland security research infrastructure available to the 
        Department, including laboratories owned or operated by the 
        Department, the Department of Energy National Laboratories, and 
        University Centers of Excellence.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 317 the following new item:

``Sec. 318. Scholarship and fellowship programs.''.

SEC. 10. SURVEILLANCE CAMERA DEMONSTRATION PROGRAM.

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

``SEC. 319. SURVEILLANCE CAMERA DEMONSTRATION PROGRAM.

    ``(a) In General.--The Under Secretary for Science and Technology, 
in consultation with the Privacy Officer, shall establish a 
demonstration program to test the effectiveness and varied applications 
of utilizing surveillance systems technology to enhance homeland 
security.
    ``(b) Purpose.--The demonstration program required by this section 
shall enhance surveillance through technology, tools, and techniques to 
improve situational awareness and provide a more robust solution to 
managing and reducing the risk of terrorism in certain environments, 
including mass transit and commercial sites.
    ``(c) Requirements.--The demonstration program required by this 
section shall--
            ``(1) select appropriate venues which need expanded use of 
        surveillance technology;
            ``(2) thoroughly consider and incorporate best practices 
        from United States allies abroad, including the United Kingdom, 
        Israel, Canada, and Australia;
            ``(3) develop an implementation plan which includes a 
        privacy and civil liberties impact statement; and
            ``(4) in the case of a mass transit system, be consistent 
        with the research and development requirements of the National 
        Strategy for Transportation Security.
    ``(d) Mass Transit Security.--In carrying out a project under 
subsection (a) for a mass transit facility, the Under Secretary shall 
consult with the Assistant Secretary for the Transportation Security 
Administration.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 318 the following new item:

``Sec. 319. Surveillance camera demonstration program.''.
                                 <all>