[Senate Report 108-217]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                                 SENATE                         
 1st Session                                                   108-217
_______________________________________________________________________

                                     

                                                       Calendar No. 416

          HOMELAND SECURITY TECHNOLOGY IMPROVEMENT ACT OF 2003

                               __________

                              R E P O R T

                                 of the

         COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE

                              to accompany

                                S. 1612

TO ESTABLISH A TECHNOLOGY, EQUIPMENT, AND INFORMATION TRANSFER PROGRAM 
               WITHIN THE DEPARTMENT OF HOMELAND SECURITY




                December 9, 2003.--Ordered to be printed
                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska                  JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio            CARL LEVIN, Michigan
NORM COLEMAN, Minnesota              DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania          RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah              THOMAS R. CARPER, Delaware
PETER G. FITZGERALD, Illinois        MARK DAYTON, Minnesota
JOHN E. SUNUNU, New Hampshire        FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama           MARK PRYOR, Arkansas

           Michael D. Bopp, Staff Director and Chief Counsel
              Tim Raducha-Grace, Professional Staff Member
      Joyce A. Rechtschaffen, Minority Staff Director and Counsel
                   Holly A. Idelson, Minority Counsel
                      Amy B. Newhouse, Chief Clerk
                                                       Calendar No. 416
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-217

======================================================================



 
          HOMELAND SECURITY TECHNOLOGY IMPROVEMENT ACT OF 2003

                                _______
                                

                December 9, 2003.--Ordered to be printed

                                _______
                                

Ms. Collins, from the Committee on Governmental Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1612]

    The Committee on Governmental Affairs, to whom was referred 
the bill (S. 1612) to establish a technology, equipment, and 
information transfer program within the Department of Homeland 
Security, having considered the same reports favorably thereon 
with an amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary.............................................00
 II. Background......................................................00
III. Legislative History.............................................00
 IV. Section-by-Section..............................................00
  V. Evaluation of Regulatory Impact.................................00
 VI. CBO Cost Estimate...............................................00
VII. Changes to Existing Law.........................................00

                         1. Purpose and Summary

    The Senate Governmental Affairs Committee (the Committee) 
approved S. 1612, the Homeland Security Technology Improvement 
Act, on October 22, 2003. This legislation would authorize $50 
million annually for ten years for the Department of Homeland 
Security (DHS) to provide advanced counterterrorism technology, 
equipment, and information to law enforcement agencies to help 
them deter, detect, and apprehend terrorists.

                             II. Background

    Since September 11, 2001, the federal government has worked 
to forge a new relationship with State and local governments. 
During the past two years, Congress has provided significant 
resources to States and localities to start equipping and 
training their police, fire, and emergency personnel with 
respect to terrorist attacks. Federal experts have trained more 
than 450,000 State and local first responders and conducted 
nearly 450 training exercises throughout the country. These 
efforts have better equipped our communities and first 
responders to respond to a terrorist attack. Even so, many 
needs have not been met, many localities state that they have 
not received funding, and many Mayors are concerned about the 
time it takes for funding to arrive through the States.
    While these efforts have started to improve State and local 
response capabilities, more must be done to improve 
preparedness and coordinate efforts to prevent terrorist 
attacks. The Department of Homeland Security's Science and 
Technology Directorate provides a framework to research, 
develop, test, and evaluate new advanced counterterrorism 
technologies, equipment, and information. Many agencies, both 
within and outside the Department of Homeland Security, are 
also developing technologies that could be used to prevent 
future terrorist attacks. The challenge is to ensure that these 
advanced counterterrorism technologies developed by DHS and 
other federal agencies reach State and local law enforcement 
organizations.
    S. 1612 would address this concern by establishing a 
specific program to identify and transfer advanced 
counterterrorism technology, equipment, and information to law 
enforcement agencies to help them deter, detect, and apprehend 
terrorists.
    S. 1612 divides the responsibilities for this program 
between two agencies within the Department of Homeland 
Security. The Science and Technology Directorate would 
research, develop, test, and evaluate available 
counterterrorism technologies. In connection with these 
activities, the Undersecretary for Science and Technology would 
provide the Office for Domestic Preparedness with a 
comprehensive list of available technologies, equipment, and 
information that meet the Science and Technology Directorate's 
standards. ODP would then administer the technology transfer 
program with the help of the Technology Transfer Advisory 
Committee (Advisory Committee) established under this Act.
    The Homeland Security Act authorized the Undersecretary of 
Science and Technology (S&T) to be the lead agency conducting 
basic and applied research, development, demonstration, 
testing, and evaluation activities within the Department. 
Section 313 of the Homeland Security Act (6 U.S.C. Sec. 193) 
established a Technology Clearinghouse to Encourage and Support 
Innovative Solutions to Enhance Homeland Security, a 
centralized federal clearinghouse for information relating to 
technologies that further the mission of the Department. As 
part of these activities, the Clearinghouse provides 
information to Federal, State, and local governments and their 
first responders.
    S. 1612 directs the Clearinghouse to be a partner in the 
multi-agency homeland security technology, equipment, and 
information transfer program established by this legislation. 
In connection with the Clearinghouse and the S&T Directorate's 
ongoing research, development, testing, and evaluation 
activities, S. 1612 directs the Undersecretary of Science and 
Technology to work with the Advisory Committee established 
under this Act to develop a comprehensive list of available 
counterterrorism technologies that could be used to help law 
enforcement prevent a future terrorist attack.
    The Committee expects that the Advisory Committee would 
assist the Undersecretary in developing this list by 
identifying the needs of the law enforcement community and 
helping to evaluate the operational utility of the 
technologies, equipment and information on the comprehensive 
list. This consultation would also help to ensure that the list 
contains items that have a practical and immediate usefulness 
to local and State law enforcement agencies.
    After developing a comprehensive list of available 
counterterrorism technologies for State and local law 
enforcement, the Undersecretary shall provide this information 
to the Office for Domestic Preparedness, which would administer 
the technology transfer program by making technologies, 
equipment, and information and their associated training 
available to State and local law enforcement agencies through a 
competitive process. Transferring the technology, instead of 
providing a monetary grant, will ensure that the technology is 
not turned over to the law enforcement agencies until they are 
trained in the actual use of the equipment. Transferring these 
technologies, instead of providing a grant to each recipient, 
may also lead to significant cost savings through lower 
negotiated per item costs.
    S. 1612 directs ODP to develop the final catalogue of 
available technologies based on the needs of the law 
enforcement community and the Science and Technology 
Directorate's comprehensive list of available counterterrorism 
technologies. Consulting with the Advisory Committee will help 
to ensure that the technologies, equipment and information on 
the list have a practical and immediate usefulness to local and 
State law enforcement agencies. Its input will also help to 
create a simplified and streamlined application process.
    The Committee instructs the Director of ODP to consider 
emulating the outreach activities of the Counterdrug Technology 
Assessment Center's Technology Transfer Program. The Program is 
generally considered to be a success, at least in part as a 
result of significant input from the law enforcement 
community.\1\
---------------------------------------------------------------------------
    \1\ The ``CTAC technology transfer program has been enormously 
successful, demonstrating the impact that can be achieved with a 
relatively small level of funding by transferring mature, tested 
technology that has practical and immediate usefulness to local and 
State law enforcement agencies that would otherwise not have access to 
such tools.'' H. Rep. No. 107-575, at 56, 57 (2001).
---------------------------------------------------------------------------
    The Committee expects available technologies to include, 
but not be limited to, advanced surveillance, detection, and 
communication technologies. The Committee is aware of an acute 
need for interoperable communications equipment. At present, 
fire, police, EMS and other public safety personnel cannot 
effectively communicate due to a lack of interoperable 
communications systems, hampering their ability to counter acts 
of terrorism by protecting themselves and the public. Several 
advanced technology solutions exist that can provide short and 
long term communications interoperability to first responders 
using incompatible systems. However, most of the 44,000 first 
responder jurisdictions across the country are small, have 
different procurement processes, and lack the funding, 
engineers and technicians needed to properly evaluate, 
purchase, and deploy these systems. S. 1612 provides additional 
authority for the Director to acquire interoperable 
communications technologies in bulk and begin to help local 
jurisdictions overcome these barriers.
    This program should also fill the technology gaps that lie 
between traditional homeland security assistance programs. For 
example, those law enforcement agencies protecting borders, 
cargo ports, and other freight transportation links would be 
able to secure advanced detection and monitoring equipment that 
may not be purchased using other Office for Domestic 
Preparedness funds.\2\ It also builds on ODP's strengths as a 
grant administrator and moves toward a goal of creating a ``one 
stop shop'' for law enforcement agencies seeking homeland 
security assistance.
---------------------------------------------------------------------------
    \2\ ODP funds may only be used to purchase equipment from the 
Standardized Equipment List, which was developed by the Interagency 
Board for Equipment Standardization and Interoperability. The purchase 
of advanced sensor, surveillance, and detection technologies are often 
not allowable under this program See http://www.ojp.usdoj.gov/docs/
fy04hsgp.pdf.
---------------------------------------------------------------------------
    The Committee believes the Advisory Committee should 
include a number of geographically-dispersed, active-duty, 
police chiefs, sheriffs, other law enforcement officials to 
serve as regional law enforcement experts. These experts will 
review applications for the technology transfer program from 
agencies within their respective regions, assist in evaluating 
the program, and provide advice on the operational utility of 
the technologies offered.
    The Committee directs that applicants for equipment and/or 
technology from the Technology Transfer Program state to the 
Department of Homeland Security all other applications they 
have made to other federal agencies to obtain such equipment 
and/or technology, and other federal agency programs they have 
knowledge of that could provide such equipment and/or 
technology or the funding to obtain it. The Director of ODP 
will also notify the State homeland security director of any 
award.
    The National Sheriffs' Association, the International 
Association of Chiefs of Police, the Major Cities Police Chiefs 
Association, and the Fraternal Order of Police have identified 
the need for the Homeland Security Technology Transfer Program 
and endorsed this legislation.

                        III. Legislative History

    S. 1612 was introduced on September 11, 2003 by Senator 
Susan Collins and Senator Mark Pryor and was referred to the 
Committee on Governmental Affairs.
    The Senate Governmental Affairs Committee met on October 
22, 2003, and by voice vote agreed to a manager's amendment to 
S. 1612 offered by Chairman Collins and cosponsored by Ranking 
Member Joseph Lieberman, Senator Daniel Akaka, and Senator Mark 
Pryor. The manager's amendment maintains the goal of S. 1612--
to provide advanced counterterrorism technology, equipment, and 
information to law enforcement agencies--but clarifies the 
involvement of both the Science and Technology Directorate and 
the Office for Domestic Preparedness in the development of the 
new Technology Transfer Program. The amendment would also give 
the Secretary the authority to expand the program to other 
first responders. Following the adoption of this amendment, the 
Committee ordered the bill reported by voice vote. Senators 
present: Collins, Voinovich, Coleman, Fitzgerald, Akaka, 
Lautenberg and Pryor.

                         IV. Section-by-Section


Section 1. Short Title

    Section 1 sets the short title of S. 1612 as the ``Homeland 
Security Technology Improvement Act of 2003.''

Section 2. Homeland Security Technology Transfer Program

    Subsection (a) amends Section 313 of the Homeland Security 
Act by adding an additional responsibility to the mission of 
the Homeland Security Technology Clearinghouse. Under 
Subparagraph (1), the Undersecretary would establish a multi-
agency homeland security technology, equipment, and information 
program to allow for the transfer of technology, equipment and 
information to State and local law enforcement agencies. 
Subparagraph (2) makes technical changes.
    Subparagraph (3) details the Science and Technology 
Directorate's role in this program, including research, 
development, testing, and evaluation activities in connection 
with the technology transfer program. The Science and 
Technology Directorate would compile a comprehensive list of 
available counterterrorism technologies based on the needs 
identified by State and local law enforcement agencies and the 
Advisory Committee. The Science and Technology Directorate 
would also research and develop new technologies, survey and 
review available technologies, and conduct tests, evaluations, 
and demonstrations of new and available technologies that 
significantly improve the capabilities of law enforcement 
agencies in countering terrorist threats. To ensure that the 
review is comprehensive in nature, the Undersecretary shall 
consult with the National Institute for Standards and 
Technology, the Advisory Committee established under this Act 
and others.
    Once the Science and Technology Directorate has developed 
this comprehensive list through advice, consultation, and 
outreach with the law enforcement community and others, the 
Undersecretary would provide this information to ODP. ODP would 
then work with the Advisory Committee to administer the 
program.
    Subsection (b) of this legislation amends Section 430 of 
the Homeland Security Act by adding a new Subparagraph (d) to 
specify the Office for Domestic Preparedness' role in 
administering the technology transfer program. This subsection 
would authorize $50 million annually for ten years for the 
Office for Domestic Preparedness to provide advanced 
counterterrorism technology, equipment, and information to law 
enforcement agencies to help them prevent, detect, and 
apprehend terrorists.
    The new Subparagraph (d) of the Homeland Security Act would 
establish roles and responsibilities of the Office for Domestic 
Preparedness in the administration of the technology transfer 
program. Subparagraph (1) would direct the Director of ODP to 
administer this program, in coordination with the Science and 
Technology Directorate, to make counterterrorism technologies 
available directly to State and local law enforcement.
    Subparagraph (A) would instruct the Director to make a list 
of technologies available based on the comprehensive list 
provided by the Undersecretary for Science and Technology and 
the needs identified by the Advisory Committee.
    Subparagraph (C) and (D) helps to ensure that the 
technologies will be both available and transferred directly to 
State and local law enforcement agencies.
    Subparagraph (2) would establish an advisory committee 
under the Office for Domestic Preparedness to advise both ODP 
and the Undersecretary of Science and Technology in development 
of the Technology Transfer Program.
    Subparagraph (3) would provide the Secretary of Homeland 
Security the authority to expand this program to other first 
responders. Should the Secretary use this authority, the 
Committee expects to revisit the authorization level for this 
program.
    Subparagraph (4) would require that no more than 10 percent 
of the budget shall be used for administrative expenses related 
to this program.
    Subparagraph (5) authorizes $50 million for each of the 
fiscal years from 2005 to 2014 for the transfer of these 
technologies. This funding shall only be made available for the 
transfer of these technologies outlined under subsection (b).

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill. CBO states that 
there are no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and no costs on 
State, local, or tribal governments. The legislation contains 
no other regulatory impact.

                         VI. CBO Cost Estimate


S. 1612--Homeland Security Technology Improvement Act of 2003

    S. 1612 would authorize the appropriation of $50 million 
for each of fiscal years 2005 through 2014 for the Department 
of Homeland Security to provide technology, equipment, and 
information to state and local law enforcement agencies for 
counterterrorism activities. The estimated budgetary impact of 
S. 1612 is shown in the following table. Based on historical 
spending patterns for similar programs, CBO estimates that 
implementing S. 1612 would cost nearly $140 million over the 
2004-2008 period (and $360 million after 2008), assuming 
appropriation of the specified amounts. Enacting S. 1612 would 
not affect direct spending or receipts.

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization level................................................        0       50       50       50       50
Estimated outlays..................................................        0       11       30       48       50
----------------------------------------------------------------------------------------------------------------

    S. 1612 contains no new intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. State, 
local, and tribal law enforcement agencies would benefit from 
the information, technology, and equipment to counter terrorist 
activities. This bill would allow for technology researched and 
tested by the Department of Homeland Security to be purchased 
and distributed to state and local law enforcement agencies. 
Any costs to those governments would be incurred voluntarily as 
a condition of participating in a federal program.
    The CBO staff contacts for this estimate are Lanette J. 
Walker (for federal costs) and Melissa Merrill (for the state 
and local impact). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      VII. Changes to Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing laws made by 
S. 1612 as reported are shown as follows (existing law proposed 
to be omitted is enclosed in brackets, new matter is printed in 
italic, an existing law in which no changes is proposed is 
shown in roman):

                           UNITED STATES CODE

                       TITLE 6--DOMESTIC SECURITY

               CHAPTER 1. HOMELAND SECURITY ORGANIZATION


 Subchapter III--Science and Technology in Support of Homeland Security


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

           *       *       *       *       *       *       *


TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *



SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT INNOVATIVE 
                    SOLUTIONS TO ENHANCE HOMELAND SECURITY.

    (a) * * *
    (b) Elements of Program.--The program described in 
subsection (a) shall include the following components:
          (1) The establishment of a centralized Federal 
        clearinghouse for information relating to technologies 
        that would further the mission of the Department for 
        dissemination, as appropriate, to Federal, State, and 
        local government and private sector entities for 
        additional review, purchase, or use.
          (2) The issuance of announcements seeking unique and 
        innovative technologies to advance the mission of the 
        Department.
          (3) The establishment of a technical assistance team 
        to assist in screening, as appropriate, proposals 
        submitted to the Secretary (except as provided in 
        subsection (c)(2)) to assess the feasibility, 
        scientific and technical merits, and estimated cost of 
        such proposals, as appropriate.
          (4) The provision of guidance, recommendations, and 
        technical assistance, as appropriate, to assist 
        Federal, State, and local government and private sector 
        efforts to evaluate and implement the use of 
        technologies described in paragraph (1) or (2).
          (5) The provision of information for persons seeking 
        guidance on how to pursue proposals to develop or 
        deploy technologies that would enhance homeland 
        security, including information relating to Federal 
        funding, regulation, or acquisition.
          (6) The establishment of a multi-agency homeland 
        security technology, equipment, and information 
        transfer program to allow for the transfer of 
        technology, equipment, and information to State and 
        local law enforcement agencies.
    (c) Technology Transfer Program.--In developing the program 
described under subsection (b)(6), the Secretary, acting 
through the Under Secretary for Science and Technology shall--
          (1) in close cooperation with the Office of Domestic 
        Preparedness, conduct, on an ongoing basis--
                  (A) research and development of new 
                technologies;
                  (B) surveys and reviews of available 
                appropriate technologies; and
                  (C) tests, evaluations, and demonstrations of 
                new and available technologies that 
                significantly improve the capability of law 
                enforcement agencies in countering terrorist 
                threats;
          (2) in support of the activities described in 
        paragraph (1)--
                  (A) consult with State and local law 
                enforcement agencies and others determined by 
                the Secretary, including the advisory committee 
                established under section 430(d);
                  (B) work with the National Institute for 
                Standards and Technology and any other office 
                or agency determined by the Secretary;
                  (C) at the discretion of the Secretary, enter 
                into agreements and coordinate with other 
                Federal agencies to maximize the effectiveness 
                of the technologies, equipment, and 
                information; and
          (3) provide a comprehensive list of available 
        technologies, equipment, and information to the Office 
        for Domestic Preparedness which shall administer a 
        technology transfer program described under section 
        430(d).
    [c] (d) Miscellaneous Provisions.--
          (1) In general.--Nothing in this section shall be 
        construed as authorizing the Secretary or the technical 
        assistance team established under subsection (b)(3) to 
        set standards for technology to be used by the 
        Department, any other executive agency, any State or 
        local government entity, or any private sector entity.
          (2) Certain proposals.--The technical assistance team 
        established under subsection (b)(3) shall not consider 
        or evaluate proposals submitted in response to a 
        solicitation for offers for a pending procurement or 
        for a specific agency requirement.
          (3) Coordination.--In carrying out this section, the 
        Secretary shall coordinate with the Technical Support 
        Working Group (organized under the April 1982 National 
        Security Decision Directive Numbered 30).

           *       *       *       *       *       *       *


TITLE IV--DIRECTOR OF BORDER AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *



Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *



SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Technology, Equipment, and Information Transfer 
Program.--
          (1) Administration.--The Director of the Office for 
        Domestic Preparedness, in coordination with the Under 
        Secretary for Science and Technology, shall establish 
        and administer a technology transfer program through 
        which the Director shall--
                  (A) make the counterterrorism technology, 
                equipment, and information available to State 
                and local law enforcement agencies each year 
                based on--
                          (i) the comprehensive list of 
                        available technologies, equipment, and 
                        information described under section 
                        313(c); and
                          (ii) the needs identified by the 
                        advisory committee established under 
                        this subsection;
                  (B) consult with State and local law 
                enforcement agencies and others, as determined 
                by the Secretary;
                  (C) accept applications from the head of 
                State and local law enforcement agencies that 
                wish to acquire such technologies, equipment, 
                and information to improve the homeland 
                security capabilities of those agencies, and 
                review these applications with the advisory 
                committee established under this subsection; 
                and
                  (D) transfer the approved technology, 
                equipment, and information and provide the 
                appropriate training to the State or local law 
                enforcement agencies to implement such 
                technology, equipment, and information.
          (2) Technology transfer advisory committee.--Under 
        the authority of section 871, the Secretary, acting 
        through the Director of the Office for Domestic 
        Preparedness, shall establish an advisory committee, or 
        designate an existing advisory committee comprised of 
        retired and active duty State and local law enforcement 
        officers, to advise the Director of the Office for 
        Domestic Preparedness and the Under Secretary for 
        Science and Technology regarding the homeland security 
        technology transfer program established under this 
        subsection.
          (3) Expansion of program.--Upon the approval of the 
        Secretary, the Director of the Office for Domestic 
        Preparedness may expand the program established under 
        this subsection to transfer technology, equipment, and 
        information to first responders other than law 
        enforcement agencies and revise the advisory committee 
        accordingly.
          (4) Limitation on administration expenditure.--Not 
        more than 10 percent of the budget of the technology, 
        equipment, and information transfer program established 
        under this subsection may be used for administrative 
        expenses.
          (5) Authorization of appropriations.--There are 
        authorized to be appropriated $50,000,000 for each of 
        the fiscal years 2005 through 2014 to carry out this 
        subsection.
    [d] (e) Fiscal Years 2003 and 2004.--During fiscal year 
2003 and fiscal year 2004, the Director of the Office for 
Domestic Preparedness established under this section shall 
manage and carry out those functions of the Office for Domestic 
Preparedness of the Department of Justice (transferred under 
this section) before September 11, 2001, under the same terms, 
conditions, policies, and authorities, and with the required 
level of personnel, assets, and budget before September 11, 
2001.

                                
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