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







                                                 Union Calendar No. 432
109th CONGRESS
  2d Session
                                H. R. 4941

                      [Report No. 109-729, Part I]

  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

                            December 8, 2006

  Additional sponsors: Mr. Bradley of New Hampshire, Ms. Harman, Mr. 
   Dent, Mr. Simmons, Mr. McCaul of Texas, Mr. Daniel E. Lungren of 
                       California, and Mr. Shays

                            December 8, 2006

Reported with an amendment and referred to the Committee on Science for 
 a period ending not later than December 8, 2006, for consideration of 
     such provisions of the bill and amendment as fall within the 
    jurisdiction of that committee pursuant to clause 1(o), rule X. 
 Referred to the Committee on Energy and Commerce for a period ending 
 not later than December 8, 2006, for consideration of such provisions 
   of the bill and amendment as fall within the jurisdiction of that 
               committee pursuant to clause 1(f), rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            December 8, 2006

 Committees on Science and Energy and Commerce discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed
 [For text of introduced bill, see copy of bill as introduced on March 
                               14, 2006]

_______________________________________________________________________

                                 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, and the 
        National Institute of Standards and Technology, 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 detection and analysis equipment, 
                and technologies and methods to mitigate the impact of 
                explosive devices or materials.
                    ``(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 for Federal, State, and local government and 
        nongovernment emergency response providers and Department 
        personnel, including training that will enable them 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 developed 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 supporting the 
development, promulgation, and updating of 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 
supporting the development, promulgation, and updating of 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.
    ``(e) Consistency With the National Technology Transfer and 
Advancement Act.--In carrying out this section, the Secretary shall 
comply with section 12(d) of the National Technology Transfer and 
Advancement Act (15 U.S.C. 272 note).''.
    (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 SCIENCE AND 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. 5. 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, 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.
    ``(d) Coordination.--In setting priorities for and carrying out the 
activities under this section, the Under Secretary for Science and 
Technology shall consult and coordinate with appropriate governors, 
mayors, other State and local government officials, and first 
responders.''.
    (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. 6. 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.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2007.''.
    (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. 7. 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. 8. 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, including at Historically Black Colleges 
        and Universities that are Part B institutions as defined in 
        section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
        1061(2)) and minority institutions (as defined in section 
        365(3) of that Act (20 U.S.C. 1067k(3))); 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. 9. REPORTS AND DEMONSTRATION PROJECT ON SURVEILLANCE CAMERA 
              PROGRAMS.

    (a) Inventory of Surveillance Systems.--Not later than 120 days 
after the date of enactment of this Act, the Under Secretary for 
Science and Technology, in consultation with the Chief Privacy Officer 
and the Officer for Civil Rights and Civil Liberties, shall transmit a 
report to Congress on existing visual surveillance systems supported or 
utilized by the Department of Homeland Security. The report shall, for 
each system--
            (1) describe the goals of the system, such as terrorism 
        prevention, emergency response, and law enforcement;
            (2) describe any potential uses of the system beyond its 
        stated goals and if the system has been used in any of those 
        ways;
            (3) describe the rules governing how visual information 
        generated by the system is collected, stored, analyzed, and 
        disseminated; and
            (4) describe the role of Federal, State, and local 
        governments and private entities in the operation of the system 
        and use of the data generated by the system.
    (b) Systems Covered.--The visual surveillance systems covered in 
the report required under subsection (a) shall include all systems for 
which--
            (1) the Department provided funds for development, 
        procurement, or implementation of the system; or
            (2) the Department has access to the data gathered through 
        the system.
    (c) Evaluation of Surveillance Systems.--Not later than 1 year 
after the transmittal of the report under subsection (a), the Under 
Secretary for Science and Technology, in consultation with the Chief 
Privacy Officer and the Officer for Civil Rights and Civil Liberties, 
shall transmit a report to Congress evaluating the use and 
effectiveness of existing visual surveillance systems supported or 
utilized by the Department of Homeland Security. The report shall, for 
at least 6 systems that are representative of the systems listed in the 
report under subsection (a)--
            (1) evaluate the effectiveness of the system in meeting its 
        stated goals;
            (2) review the privacy policies and implications of the 
        system;
            (3) review the civil rights and civil liberties policies 
        and implications of the system;
            (4) describe any lessons learned from the implementation of 
        the system; and
            (5) describe any remaining questions about the 
        effectiveness and the privacy and civil liberties implications 
        of such systems that cannot be addressed by this evaluation of 
        surveillance systems and that may require demonstration 
        programs to study.
    (d) Demonstration Project.--
            (1) In general.--Not sooner than 120 days after the 
        transmittal of the report required under subsection (c), and 
        based on the results of that evaluation, the Under Secretary 
        for Science and Technology, in consultation with the Chief 
        Privacy Officer and the Officer for Civil Rights and Civil 
        Liberties of the Department of Homeland Security, may establish 
        a demonstration project to assess the effectiveness and the 
        privacy and civil liberties implications of utilizing visual 
        surveillance systems to enhance homeland security.
            (2) Best practices.--The demonstration project established 
        under paragraph (1) shall thoroughly consider and incorporate 
        best practices from within the United States and abroad, 
        including from the United Kingdom, Israel, Canada, and 
        Australia.
            (3) Mass transit security.--If visual surveillance of a 
        mass transit facility is included in the demonstration project 
        under paragraph (1), the Under Secretary for Science and 
        Technology shall consult with the Assistant Secretary for the 
        Transportation Security Administration and shall ensure that 
        the goals of the demonstration project are consistent with the 
        research and development requirements of the National Strategy 
        for Transportation Security.
    (e) Definition.--In this section, the term ``visual surveillance'' 
means the use of recording devices with the capability to obtain, 
store, or analyze video or static images, with the exception of data 
gathered via satellite systems.

SEC. 10. PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES IN 
              TECHNOLOGY DEVELOPMENT.

    (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. PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES IN 
              TECHNOLOGY DEVELOPMENT.

    ``Not later than 180 days after the date of enactment of this 
section, the Under Secretary for Science and Technology, the Chief 
Privacy Officer, and the Officer for Civil Rights and Civil Liberties 
shall transmit to Congress a joint plan for how privacy and civil 
rights and civil liberties issues will be considered in technology 
research and development programs at the Department, including how such 
issues will be taken into account in defining requirements for 
technology performance and use of technologies in pilot programs.''.
    (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. Privacy and civil rights and civil liberties issues in 
                            technology development.''.

SEC. 11. SCIENCE AND TECHNOLOGY STRATEGIC PLAN.

    (a) Strategic Plan.--Not later than 180 days after the date of 
enactment of this Act, the Under Secretary for Science and Technology 
shall transmit to Congress a strategic plan for the science and 
technology activities of the Department of Homeland Security. The plan 
shall include--
            (1) statement of the overall mission of the Science and 
        Technology Directorate;
            (2) a prioritized list of objectives and the specific 
        capabilities, including technologies and associated protocols, 
        expertise, and facilities, needed to meet these objectives;
            (3) a description of the processes and risk-based 
        methodologies used to prioritize these objectives;
            (4) a list of activities, including any long-term basic 
        research programs, that the Under Secretary for Science and 
        Technology will carry out to meet these objectives and develop 
        the specific capabilities described under paragraph (2);
            (5) a description of the metrics to be used for annual 
        review of the activities;
            (6) a description of all related programs and activities, 
        within the Department or at other Federal agencies, with which 
        the activities will be coordinated; and
            (7) a description of the processes used to ensure that 
        factors associated with manpower and infrastructure are 
        considered during technology development.
    (b) Regular Updating.--At the end of the fiscal year that occurs 5 
years after the date of enactment of this Act, and every 5 years 
thereafter, the Under Secretary for Science and Technology shall 
transmit to Congress an update of this strategic plan.

SEC. 12. REPORTS TO CONGRESS ON SOCIAL AND BEHAVIORAL RESEARCH FOR 
              HOMELAND SECURITY.

    (a) Report on the Use of Social and Behavioral Research.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
Homeland Security shall transmit to Congress a report on the 
Department's use of social and behavioral research, including--
            (1) a compilation of the instances in which the Department 
        has made use of--
                    (A) social and behavioral research in Department 
                programs in preparedness and response, including risk 
                communication activities, response plans, and training 
                and guidance for decisionmakers;
                    (B) social and behavioral research, including human 
                factors research, in Department technology development 
                and acquisition programs;
                    (C) social and behavioral research in development 
                of Department programs for informing the general public 
                on how to prepare for, protect against, respond to, and 
                mitigate the effects, both physical and psychological, 
                of acts of terrorism, natural disasters, or other 
                emergencies; and
                    (D) social and behavioral research regarding 
                emergency preparedness and response, search and rescue, 
                evacuation, and sheltering-in-place procedures for 
                populations with special needs, including persons with 
                disabilities, health problems, language barriers, and 
                income barriers, the elderly, and children in relevant 
                Department programs;
            (2) specific citations or references to the social and 
        behavioral research on which the Department has relied; and
            (3) a plan for how the Department will ensure greater 
        incorporation of social and behavioral research in program and 
        communication activities in the near and long term.
    (b) Report on Gaps in Needed Social and Behavioral Research.--Not 
later than 180 days after the transmittal of the report under 
subsection (a), the Under Secretary for Science and Technology shall 
transmit to Congress a report identifying any gaps in the social and 
behavioral research needed to support the Department's mission, and 
providing a plan to address such gaps.
    (c) Consultation.--In preparing the reports under subsections (a) 
and (b), the Secretary and the Under Secretary for Science and 
Technology shall consult with other government agencies supporting 
social and behavioral research and nongovernmental experts in these 
fields.

SEC. 13. GUIDE FOR RESEARCHERS ON THE HOMELAND SECURITY IMPLICATIONS OF 
              RESEARCH.

    (a) In General.--The Under Secretary for Science and Technology 
shall enter into an arrangement with the National Research Council of 
the National Academy of Sciences to prepare a guide for researchers to 
raise awareness in the scientific community about potential homeland 
security implications of their work and how laws and regulations apply 
to such research.
    (b) Topics.--The topics covered in the guide prepared under 
subsection (a) shall include--
            (1) international conventions;
            (2) United States statutes, regulations, and guidelines, 
        including those covering biological materials;
            (3) the potential for legitimate research to be misused;
            (4) responsibilities of the scientific community to reduce 
        opportunities for misuse;
            (5) case studies and examples; and
            (6) any other topics determined by the Under Secretary for 
        Science and Technology to be appropriate.
    (c) Dissemination.--The Under Secretary for Science and Technology 
shall transmit the guide prepared by the National Research Council 
under this section to Congress within 1 year of the date of enactment 
of this Act, and shall encourage the distribution of the guide 
throughout the homeland security and life sciences research 
communities, especially to students.

SEC. 14. PROJECT 25 STANDARDS COMPLIANCE.

    The Under Secretary for Science and Technology, working with the 
Director of the National Institute of Standards and Technology and 
other appropriate Federal agencies, shall support assessment of 
compliance of first responder communications equipment with the Project 
25 standards established by the Association of Public Safety 
Communications Officials International. The results of such assessments 
shall be made publicly available, in a manner to best assist first 
responder agencies in selecting such equipment.

SEC. 15. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary of Homeland Security, through the Under Secretary for Science 
and Technology, in coordination with the Assistant Secretary of 
Homeland Security (Transportation Security Administration) and the 
Departmental Privacy Officer, and in consultation with the Secretary of 
Transportation, shall carry out a research and development program for 
the purpose of improving rail and mass transit security that may 
include research and development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response and recovery techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls;
                    (D) signal system integrity at switches;
                    (E) emergency response training including training 
                in a tunnel environment;
                    (F) security and redundancy for critical 
                communications, electrical power, computer, and train 
                control systems; and
                    (G) technologies for securing bridges and tunnels;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail;
            (6) mitigate damages in the event of a cyber attack; and
            (7) address other vulnerabilities and risks identified by 
        the Secretary.
    (b) Coordination With Other Research Initiatives.--The Secretary of 
Homeland Security shall ensure that the research and development 
program authorized by this section is consistent with the National 
Strategy for Transportation Security and the Transportation Sector 
Specific Plan, and shall to the greatest extent possible leverage other 
ongoing research and development security related initiatives at the 
National Academy of Sciences; the Department of Homeland Security; the 
Department of Transportation, including University Transportation 
Centers and other institutes, centers, and simulators funded by the 
Department of Transportation; the Technical Support Working Group; 
other Federal agencies; and other Federal and private research 
laboratories and research entities with the capability to conduct both 
practical and theoretical research and technical systems analysis.
    (c) Privacy and Civil Rights and Civil Liberties Issues.--In 
carrying out research and development projects under this section, the 
Under Secretary for Science and Technology shall consult with the Chief 
Privacy Officer and the Officer for Civil Rights and Civil Liberties as 
appropriate and in accordance with the plan required by section 319 of 
the Homeland Security Act of 2002. Pursuant to sections 222 and 705 of 
the Homeland Security Act of 2002, the Chief Privacy Officer shall 
conduct privacy impact assessments and the Officer for Civil Rights and 
Civil Liberties shall conduct reviews, as appropriate, for research and 
development initiatives developed pursuant to this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security to carry out this 
section such sums as may be necessary for each of fiscal years 2007 
through 2009. Amounts made available pursuant to this subsection shall 
remain available until expended.
                                                 Union Calendar No. 432

109th CONGRESS

  2d Session

                               H. R. 4941

                      [Report No. 109-729, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            December 8, 2006

Committees on Science and Energy and Commerce discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed