IB 

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 


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[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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Science and Technology Enhancement Act of 2006’’. 

6 SEC. 2. NATIONAL STANDARDS FOR HOMELAND SECURITY 

7 EQUIPMENT AND TRAINING. 

8 (a) AMENDMENT.—Title III of the Homeland Security 

9 Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding 

10 at the end the following new section: 

11 ‘‘SEC. 314. NATIONAL STANDARDS FOR HOMELAND SECU12 RITY EQUIPMENT AND TRAINING. 

13 ‘‘(a) EQUIPMENT STANDARDS.— 

14 ‘‘(1) IN GENERAL.—The Secretary, acting 

15 through the Under Secretary for Science and Tech16 nology, and in consultation with other components of 

17 the Department, as appropriate, and the National In18 stitute of Standards and Technology, shall support 

19 the development, promulgation, and updating as necVerDate Aug 31 2005 23:43 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\H4941.RH H4941

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1 essary of national voluntary consensus standards for 

2 the performance, use, and validation of equipment 

3 used by Federal, State, and local government and 

4 nongovernment emergency response providers, and by 

5 the components of the Department. Such standards— 

6 ‘‘(A) shall be, to the maximum extent prac7 ticable, consistent with any existing voluntary 

8 consensus standards; 

9 ‘‘(B) shall take into account, as appro10 priate, new types of terrorism threats and re11 sponsibilities of the Department that may not 

12 have been contemplated when such existing 

13 standards were developed; 

14 ‘‘(C) shall be focused on maximizing inter15 operability, interchangeability, durability, flexi16 bility, efficiency, efficacy, portability, sustain17 ability, and safety; and 

18 ‘‘(D) shall cover all appropriate uses of the 

19 equipment. 

20 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

21 paragraph (1), the Secretary shall specifically con22 sider national voluntary consensus standards for the 

23 performance, use, and validation of the following cat24 egories of equipment: 

25 ‘‘(A) Thermal imaging equipment. 


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1 ‘‘(B) Radiation detection and analysis 

2 equipment. 

3 ‘‘(C) Biological detection and analysis 

4 equipment. 

5 ‘‘(D) Chemical detection and analysis 

6 equipment. 

7 ‘‘(E) Decontamination and sterilization 

8 equipment. 

9 ‘‘(F) Personal protective equipment, includ10 ing garments, boots, gloves, and hoods and other 

11 protective clothing. 

12 ‘‘(G) Respiratory protection equipment. 

13 ‘‘(H) Interoperable communications, includ14 ing wireless and wireline voice, video, and data 

15 networks. 

16 ‘‘(I) Explosive detection and analysis equip17 ment, and technologies and methods to mitigate 

18 the impact of explosive devices or materials. 

19 ‘‘(J) Containment vessels. 

20 ‘‘(K) Contaminant-resistant vehicles. 

21 ‘‘(L) Aerial platforms. 

22 ‘‘(M) Special rescue equipment. 

23 ‘‘(N) Screening and patrolling technologies. 


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1 ‘‘(O) Such other equipment for which the 

2 Secretary determines that national voluntary 

3 consensus standards would be appropriate. 

4 ‘‘(3) CERTIFICATION AND ACCREDITATION.—The 

5 Secretary, in carrying out this subsection, and in co6 ordination with the Director of the National Institute 

7 of Standards and Technology, may support the cer8 tification of equipment and the accreditation of lab9 oratories to conduct testing and evaluation. 

10 ‘‘(4) EQUIPMENT STANDARDS AND ACQUISI11 TIONS.— 

12 ‘‘(A) DEPARTMENT SUPPORTED ACQUISI13 TIONS.—If an applicant for financial assistance 

14 provided by the Department proposes to use such 

15 financial assistance to upgrade or purchase new 

16 equipment or systems that do not meet or exceed 

17 any applicable national voluntary consensus 

18 standards, the applicant shall include in its ap19 plication for financial assistance an explanation 

20 of why such equipment or systems will serve the 

21 needs of the applicant better than equipment or 

22 systems that meet or exceed such standards. 

23 ‘‘(B) DEPARTMENT ACQUISITIONS.—When 

24 an operational unit of the Department proposes 

25 to upgrade or purchase new equipment or sysVerDate Aug 31 2005 23:43 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H4941.RH H4941

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1 tems, the head of that unit shall consult with the 

2 Under Secretary for Science and Technology on 

3 whether such equipment or systems meet or ex4 ceed any applicable national voluntary con5 sensus standards and whether there is need for 

6 the Department to support the development or 

7 updating of applicable national voluntary con8 sensus standards. 

9 ‘‘(b) TRAINING STANDARDS.— 

10 ‘‘(1) IN GENERAL.—The Secretary, acting 

11 through the Under Secretary for Science and Tech12 nology, and in consultation with other components of 

13 the Department, as appropriate, shall support the de14 velopment, promulgation, and regular updating as 

15 necessary of national voluntary consensus standards 

16 for training for Federal, State, and local government 

17 and nongovernment emergency response providers and 

18 Department personnel, including training that will 

19 enable them to use equipment effectively and appro20 priately in carrying out their responsibilities. Such 

21 standards shall give priority to providing training 

22 to— 

23 ‘‘(A) enable Federal, State, and local gov24 ernment and nongovernment emergency response 

25 providers and Department personnel to prevent, 


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1 prepare for, respond to, mitigate against, and re2 cover from terrorist threats, including threats 

3 from chemical, biological, radiological, and nu4 clear weapons and explosive devices capable of 

5 inflicting significant human casualties, and 

6 other emergencies; and 

7 ‘‘(B) familiarize Federal, State, and local 

8 government and nongovernment emergency re9 sponse providers and Department personnel with 

10 the proper use of equipment, including software, 

11 developed pursuant to the standards developed 

12 under subsection (a). 

13 ‘‘(2) REQUIRED CATEGORIES.—In carrying out 

14 paragraph (1), the Secretary specifically shall include 

15 the following categories of activities: 

16 ‘‘(A) Regional planning. 

17 ‘‘(B) Joint exercises. 

18 ‘‘(C) Intelligence collection, analysis, and 

19 sharing. 

20 ‘‘(D) Decisionmaking protocols for incident 

21 response and alarms. 

22 ‘‘(E) Emergency notification of affected 

23 populations. 


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1 ‘‘(F) Detection of biological, nuclear, radio2 logical, and chemical weapons of mass destruc3 tion. 

4 ‘‘(G) Screening and patrolling procedures. 

5 ‘‘(H) Such other activities for which the 

6 Secretary determines that national voluntary 

7 consensus training standards would be appro8 priate. 

9 ‘‘(3) CONSISTENCY.—In carrying out this sub10 section, the Secretary shall ensure that— 

11 ‘‘(A) training standards for Federal, State, 

12 and local government and nongovernment emer13 gency response providers are consistent with the 

14 principles of emergency preparedness for all haz15 ards; and 

16 ‘‘(B) training standards for Department 

17 personnel are consistent with the 

18 counterterrorism and traditional responsibilities 

19 of the Department. 

20 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA21 TIONS.—In supporting the development, promulgation, and 

22 updating of national voluntary consensus standards for 

23 equipment for and training under this section, the Sec24 retary shall consult with relevant public and private sector 

25 groups, including— 


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1 ‘‘(1) the National Institute of Standards and 

2 Technology; 

3 ‘‘(2) the National Fire Protection Association; 

4 ‘‘(3) the National Association of County and 

5 City Health Officials; 

6 ‘‘(4) the Association of State and Territorial 

7 Health Officials; 

8 ‘‘(5) the American National Standards Institute; 

9 ‘‘(6) the National Institute of Justice; 

10 ‘‘(7) the Inter-Agency Board for Equipment 

11 Standardization and Interoperability; 

12 ‘‘(8) the National Public Health Performance 

13 Standards Program; 

14 ‘‘(9) the National Institute for Occupational 

15 Safety and Health; 

16 ‘‘(10) ASTM International; 

17 ‘‘(11) the International Safety Equipment Asso18 ciation; 

19 ‘‘(12) the Emergency Management Accreditation 

20 Program; and 

21 ‘‘(13) to the extent the Secretary considers ap22 propriate, other national voluntary consensus stand23 ards development organizations, other interested Fed24 eral, State, and local agencies, and other interested 

25 persons. 


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1 ‘‘(d) COORDINATION WITH SECRETARIES OF HHS 

2 AND TRANSPORTATION.—In supporting the development, 

3 promulgation, and updating of any national voluntary con4 sensus standards under this section for equipment for or 

5 training of emergency response providers that involve or re6 late to health or emergency medical services professionals, 

7 including emergency medical professionals, the Secretary 

8 shall coordinate activities under this section with the Sec9 retary of Health and Human Services and the Secretary 

10 of Transportation. 

11 ‘‘(e) CONSISTENCY WITH THE NATIONAL TECHNOLOGY

12 TRANSFER AND ADVANCEMENT ACT.—In carrying out this 

13 section, the Secretary shall comply with section 12(d) of the 

14 National Technology Transfer and Advancement Act (15 

15 U.S.C. 272 note).’’. 

16 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

17 contents of the Homeland Security Act of 2002 is amended 

18 by adding after the item relating to section 313 the fol19 lowing new item: 

‘‘Sec. 314. National standards for homeland security equipment and training.’’. 

20 SEC. 3. TECHNOLOGY DEVELOPMENT AND TRANSFER. 

21 (a) ESTABLISHMENT OF TECHNOLOGY CLEARING22 HOUSE.—Not later than 90 days after the date of enactment 

23 of this Act, the Secretary shall complete the establishment 

24 of the Technology Clearinghouse under section 313 of the 

25 Homeland Security Act of 2002. 


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1 (b) TRANSFER PROGRAM.—Section 313 of the Home2 land Security Act of 2002 (6 U.S.C. 193) is amended— 

3 (1) in subsection (b)(3), by striking ‘‘subsection 

4 (c)(2)’’ and inserting ‘‘subsection (e)(2)’’; 

5 (2) by adding at the end of subsection (b) the fol6 lowing new paragraph: 

7 ‘‘(6) The establishment of a homeland security 

8 technology transfer program to facilitate the identi9 fication, modification, and commercialization of tech10 nology and equipment for use by Federal, State, and 

11 local governmental agencies, emergency response pro12 viders, and the private sector to prevent, prepare for, 

13 or respond to acts of terrorism or other emergencies.’’; 

14 (3) by redesignating subsection (c) as subsection 

15 (e); and 

16 (4) by inserting after subsection (b) the following 

17 new subsections: 

18 ‘‘(c) ELEMENTS OF THE TECHNOLOGY TRANSFER PRO19 GRAM.—The activities of the program described in sub20 section (b)(6) shall include— 

21 ‘‘(1) identifying available technologies that have 

22 been, or are in the process of being, developed, tested, 

23 evaluated, or demonstrated by the Department, other 

24 Federal agencies, the private sector, or foreign govern25 ments and international organizations, and reviewing 


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1 whether such technologies may be useful in assisting 

2 Federal, State, and local governmental agencies, 

3 emergency response providers, or the private sector to 

4 prevent, prepare for, respond to, or recover from acts 

5 of terrorism or other emergencies; and 

6 ‘‘(2) communicating to Federal, State, and local 

7 governmental agencies, emergency response providers, 

8 or the private sector the availability of such tech9 nologies, as well as the technology’s specifications, sat10 isfaction of appropriate standards, and the appro11 priate grants available from the Department to pur12 chase such technologies. 

13 ‘‘(d) RESPONSIBILITIES OF UNDER SECRETARY FOR

14 SCIENCE AND TECHNOLOGY.—In support of the activities 

15 described in subsection (c), the Under Secretary for Science 

16 and Technology shall— 

17 ‘‘(1) conduct or support, based on the Depart18 ment’s current risk assessments, research, develop19 ment, demonstrations, tests, and evaluations, as ap20 propriate, of technologies identified under subsection 

21 (c)(1), including of— 

22 ‘‘(A) any necessary modifications to such 

23 technologies for use by emergency response pro24 viders; and 


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1 ‘‘(B) incorporation of human factors in the 

2 development and suggested use of such tech3 nologies; 

4 ‘‘(2) ensure that the technology transfer activities 

5 throughout the Directorate of Science and Technology 

6 are coordinated, including the technology transfer as7 pects of projects and grants awarded to the private 

8 sector and academia; 

9 ‘‘(3) consult with the other Under Secretaries of 

10 the Department, the Director of the Federal Emer11 gency Management Agency, and the Director of the 

12 Domestic Nuclear Detection Office on an ongoing 

13 basis; 

14 ‘‘(4) consult with Federal, State, and local emer15 gency response providers; 

16 ‘‘(5) consult with government agencies and 

17 standards development organizations as appropriate; 

18 ‘‘(6) enter into agreements and coordinate with 

19 other Federal agencies, foreign governments, and na20 tional and international organizations as appro21 priate, in order to maximize the effectiveness of such 

22 technologies or to facilitate commercialization of such 

23 technologies; 

24 ‘‘(7) consult with existing technology transfer 

25 programs and Federal and State training centers that 


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1 research, develop, test, evaluate, and transfer military 

2 and other technologies for use by emergency response 

3 providers; and 

4 ‘‘(8) establish a working group in coordination 

5 with the Secretary of Defense to advise and assist the 

6 technology clearinghouse in the identification of mili7 tary technologies that are in the process of being de8 veloped, or are developed, by the Department of De9 fense or the private sector, which may include— 

10 ‘‘(A) representatives from the Department of 

11 Defense or retired military officers; 

12 ‘‘(B) nongovernmental organizations or pri13 vate companies that are engaged in the research, 

14 development, testing, or evaluation of related 

15 technologies or that have demonstrated prior ex16 perience and success in searching for and identi17 fying technologies for Federal agencies; 

18 ‘‘(C) Federal, State, and local emergency re19 sponse providers; and 

20 ‘‘(D) as appropriate, other organizations, 

21 other interested Federal, State, and local agen22 cies, and other interested persons.’’. 

23 (c) REPORT.—Not later than 1 year after the date of 

24 enactment of this Act, the Under Secretary for Science and 

25 Technology shall transmit to the Congress a description of 


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1 the progress the Department has made in implementing the 

2 provisions of section 313 of the Homeland Security Act of 

3 2002, as amended by this Act, including a description of 

4 the process used to review unsolicited proposals received as 

5 described in subsection (b)(3) of such section. 

6 (d) SAVINGS CLAUSE.—Nothing in this section (in7 cluding the amendments made by this section) shall be con8 strued to alter or diminish the effect of the limitation on 

9 the authority of the Secretary of Homeland Security under 

10 section 302(4) of the Homeland Security Act of 2002 (6 

11 U.S.C. 182(4)) with respect to human health-related re12 search and development activities. 

13 SEC. 4. HOMELAND SECURITY SCIENCE AND TECHNOLOGY 

14 ADVISORY COMMITTEE. 

15 Section 311(j) of the Homeland Security Act of 2002 

16 (6 U.S.C. 191(j)) is amended to read as follows: 

17 ‘‘(j) TERMINATION.—The Department of Homeland 

18 Security Science and Technology Advisory Committee shall 

19 terminate 10 years after its establishment.’’. 

20 SEC. 5. REGIONAL TECHNOLOGY INTEGRATION PROGRAM. 

21 (a) AMENDMENT.—Title III of the Homeland Security 

22 Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding 

23 at the end the following: 


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1 ‘‘SEC. 315. REGIONAL TECHNOLOGY INTEGRATION PRO2 GRAM. 

3 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

4 and Technology, in coordination with the Under Secretary 

5 for Preparedness, shall provide technical guidance, train6 ing, and other assistance, as appropriate, to support the 

7 transfer and integration of homeland security technologies 

8 and protocols in urban and other high risk jurisdictions 

9 determined by the Secretary to be at consistently high levels 

10 of risk from terrorist attack. 

11 ‘‘(b) ACTIVITIES.—The program supported under sub12 section (a) shall work to— 

13 ‘‘(1) facilitate the transition of innovative tech14 nologies and operational concepts, including those de15 scribed in subsection (c); 

16 ‘‘(2) integrate new technologies with existing in17 frastructure, systems, and concepts; 

18 ‘‘(3) identify capability and technology gaps for 

19 future research, development, test, and evaluation; 

20 ‘‘(4) evaluate system performance, life cycle, and 

21 human factor issues; and 

22 ‘‘(5) disseminate lessons learned to other commu23 nities. 

24 ‘‘(c) INNOVATIVE TECHNOLOGIES AND OPERATIONAL

25 CONCEPTS.—The innovative technologies and operational 

26 concepts referred to in subsection (b)(1) include— 


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1 ‘‘(1) detection systems for weapons of mass de2 struction; 

3 ‘‘(2) emergency management information sys4 tems; 

5 ‘‘(3) situational awareness; 

6 ‘‘(4) information sharing; 

7 ‘‘(5) atmospheric transport and dispersion mod8 eling; 

9 ‘‘(6) public alerts and warnings; 

10 ‘‘(7) aerial platforms; and 

11 ‘‘(8) emergency medical support. 

12 ‘‘(d) COORDINATION.—In setting priorities for and 

13 carrying out the activities under this section, the Under 

14 Secretary for Science and Technology shall consult and co15 ordinate with appropriate governors, mayors, other State 

16 and local government officials, and first responders.’’. 

17 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

18 contents of the Homeland Security Act of 2002 is amended 

19 by adding after the item relating to section 314 the fol20 lowing new item: 

‘‘Sec. 315. Regional technology integration program.’’. 

21 SEC. 6. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

22 (a) AMENDMENT.—Title III of the Homeland Security 

23 Act of 2002 (6 U.S.C. 181 et. seq.) is amended by adding 

24 at the end the following new section: 


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1 ‘‘SEC. 316. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

2 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

3 and Technology shall support research and development, in4 cluding fundamental, long-term research, in cybersecurity 

5 to improve the ability of the United States to prevent, pro6 tect against, detect, respond to, and recover from cyber at7 tacks, with emphasis on research and development relevant 

8 to large-scale, high-impact attacks. 

9 ‘‘(b) ACTIVITIES.—The research and development sup10 ported under subsection (a) shall include work to— 

11 ‘‘(1) advance the development and accelerate the 

12 deployment of more secure versions of critical infor13 mation systems, including— 

14 ‘‘(A) fundamental Internet protocols and 

15 architectures, including for the domain name 

16 system and routing protocols; and 

17 ‘‘(B) control systems used in critical infra18 structure sectors; 

19 ‘‘(2) improve and create technologies for detect20 ing attacks or intrusions, including monitoring tech21 nologies; 

22 ‘‘(3) improve and create mitigation and recovery 

23 methodologies, including techniques for containment 

24 of attacks and development of resilient networks and 

25 systems that degrade gracefully; and 


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1 ‘‘(4) develop and support infrastructure and 

2 tools to support cybersecurity research and develop3 ment efforts, including modeling, testbeds, and data 

4 sets for assessment of new cybersecurity technologies. 

5 ‘‘(c) COORDINATION.—In carrying out this section, the 

6 Under Secretary for Science and Technology shall coordi7 nate activities with— 

8 ‘‘(1) the Assistant Secretary for Cybersecurity 

9 and Telecommunications; and 

10 ‘‘(2) other Federal agencies, including the Na11 tional Science Foundation, the Defense Advanced Re12 search Projects Agency, the Information Assurance 

13 Directorate of the National Security Agency, and the 

14 National Institute of Standards and Technology, to 

15 identify unmet needs and cooperatively support ac16 tivities, as appropriate. 

17 ‘‘(d) NATURE OF RESEARCH.—Activities under this 

18 section shall be carried out in accordance with section 

19 306(a) of this Act. 

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated to carry out this section such 

22 sums as may be necessary for fiscal year 2007.’’. 

23 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

24 contents of the Homeland Security Act of 2002 is amended 


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1 by adding after the item relating to section 315 the fol2 lowing new item: 

‘‘Sec. 316. Cybersecurity research and development.’’. 

3 SEC. 7. STANDARDS FOR CRITICAL INFRASTRUCTURE IN4 FORMATION SYSTEMS. 

5 (a) AMENDMENT.—Title III of the Homeland Security 

6 Act of 2002 (6 U.S.C. 181 et. seq.) is amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 317. STANDARDS FOR CRITICAL INFRASTRUCTURE 

9 INFORMATION SYSTEMS. 

10 ‘‘(a) STANDARDS PROGRAM.—The Under Secretary for 

11 Science and Technology shall establish a program to sup12 port the development and promulgation of national vol13 untary consensus standards for requirements, performance 

14 testing, and user training with respect to critical infra15 structure information systems. 

16 ‘‘(b) PURPOSE.—The standards developed under sub17 section (a) shall be designed to assist State and local juris18 dictions, including those in urban and other areas at con19 sistently high levels of risk from terrorist attack, and emer20 gency response providers to acquire and implement critical 

21 infrastructure information systems and to store and access 

22 information regarding critical infrastructure to be used in 

23 responding to acts of terrorism or other emergencies. 

24 ‘‘(c) REQUIREMENTS.—The standards developed under 

25 subsection (a) shall be designed to facilitate— 


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1 ‘‘(1) the interoperability of systems to enable 

2 sharing of information in a variety of formats and 

3 across stakeholders at the Federal, State, and local 

4 levels; 

5 ‘‘(2) the ease of deployment of the systems to the 

6 field; 

7 ‘‘(3) the ability to retrieve situational awareness 

8 information in real-time; 

9 ‘‘(4) the integrity, security, and accessibility of 

10 stored information; 

11 ‘‘(5) the application of human factors science in 

12 the development of the system; 

13 ‘‘(6) the availability and content of training pro14 grams for potential users; and 

15 ‘‘(7) meeting any other requirements determined 

16 by the Under Secretary to be appropriate. 

17 ‘‘(d) REPORTS.—The Under Secretary for Science and 

18 Technology shall submit to Congress— 

19 ‘‘(1) 6 months after the date of enactment of this 

20 section, a report describing the plan for carrying out 

21 the program under this section, which shall include a 

22 schedule for the development of national voluntary 

23 consensus standards for critical infrastructure infor24 mation systems; and 


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1 ‘‘(2) 12 months after the date of enactment of 

2 this section, a report which shall include a descrip3 tion of— 

4 ‘‘(A) the steps taken under this program 

5 and the funding dedicated to this program; and 

6 ‘‘(B) the steps that have been or will be 

7 taken to promote the adoption of the standards 

8 by appropriate standard-setting organizations. 

9 ‘‘(e) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘critical infrastructure information 

11 systems’ means software programs that store, manage, 

12 and display information about critical infrastructure 

13 to support situational awareness and real-time deci14 sionmaking of law enforcement, fire services, emer15 gency medical services, emergency management agen16 cies, other emergency response providers, and critical 

17 infrastructure facility stakeholders. Critical infra18 structure information may include maps and other 

19 geospatial information, emergency plans, interior and 

20 exterior imagery, entry and exit points, and any 

21 other information about infrastructure or facilities 

22 that may be beneficial to users of critical infrastruc23 ture information systems; and 

24 ‘‘(2) the term ‘critical infrastructure’ has the 

25 meaning given that term in section 1016(e) of the 


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1 Uniting and Strengthening America by Providing 

2 Appropriate Tools Required to Intercept and Obstruct 

3 Terrorism (USA PATRIOT ACT) Act of 2001 (42 

4 U.S.C. 5195c(e)).’’. 

5 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

6 contents of the Homeland Security Act of 2002 is amended 

7 by adding after the item relating to section 316 the fol8 lowing new item: 

‘‘Sec. 317. Standards for critical infrastructure information systems.’’. 

9 SEC. 8. SCHOLARSHIP AND FELLOWSHIP PROGRAMS AT 

10 THE DEPARTMENT OF HOMELAND SECURITY. 

11 (a) IN GENERAL.—Title III of the Homeland Security 

12 Act of 2002 (6 U.S.C. 181 et. seq.) is amended by adding 

13 at the end the following new section: 

14 ‘‘SEC. 318. SCHOLARSHIP AND FELLOWSHIP PROGRAMS. 

15 ‘‘(a) IN GENERAL.—The Secretary, acting through the 

16 Under Secretary for Science and Technology, shall encour17 age the development of an adequate supply of people trained 

18 in and performing research in science, technology, engineer19 ing, and mathematical fields relevant to homeland security. 

20 ‘‘(b) RESPONSIBILITIES.—In carrying out this section, 

21 the Secretary may support— 

22 ‘‘(1) programs at the undergraduate, graduate, 

23 and postdoctoral levels, including at Historically 

24 Black Colleges and Universities that are Part B insti25 tutions as defined in section 322(2) of the Higher 


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1 Education Act of 1965 (20 U.S.C. 1061(2)) and mi2 nority institutions (as defined in section 365(3) of 

3 that Act (20 U.S.C. 1067k(3))); and 

4 ‘‘(2) internship programs that take advantage of 

5 the homeland security research infrastructure avail6 able to the Department, including laboratories owned 

7 or operated by the Department, the Department of 

8 Energy National Laboratories, and University Cen9 ters of Excellence.’’. 

10 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

11 contents of the Homeland Security Act of 2002 is amended 

12 by adding after the item relating to section 317 the fol13 lowing new item: 

‘‘Sec. 318. Scholarship and fellowship programs.’’. 

14 SEC. 9. REPORTS AND DEMONSTRATION PROJECT ON SUR15 VEILLANCE CAMERA PROGRAMS. 

16 (a) INVENTORY OF SURVEILLANCE SYSTEMS.—Not 

17 later than 120 days after the date of enactment of this Act, 

18 the Under Secretary for Science and Technology, in con19 sultation with the Chief Privacy Officer and the Officer for 

20 Civil Rights and Civil Liberties, shall transmit a report 

21 to Congress on existing visual surveillance systems sup22 ported or utilized by the Department of Homeland Security. 

23 The report shall, for each system— 


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1 (1) describe the goals of the system, such as ter2 rorism prevention, emergency response, and law en3 forcement; 

4 (2) describe any potential uses of the system be5 yond its stated goals and if the system has been used 

6 in any of those ways; 

7 (3) describe the rules governing how visual infor8 mation generated by the system is collected, stored, 

9 analyzed, and disseminated; and 

10 (4) describe the role of Federal, State, and local 

11 governments and private entities in the operation of 

12 the system and use of the data generated by the sys13 tem. 

14 (b) SYSTEMS COVERED.—The visual surveillance sys15 tems covered in the report required under subsection (a) 

16 shall include all systems for which— 

17 (1) the Department provided funds for develop18 ment, procurement, or implementation of the system; 

19 or 

20 (2) the Department has access to the data gath21 ered through the system. 

22 (c) EVALUATION OF SURVEILLANCE SYSTEMS.—Not 

23 later than 1 year after the transmittal of the report under 

24 subsection (a), the Under Secretary for Science and Tech25 nology, in consultation with the Chief Privacy Officer and 


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1 the Officer for Civil Rights and Civil Liberties, shall trans2 mit a report to Congress evaluating the use and effectiveness 

3 of existing visual surveillance systems supported or utilized 

4 by the Department of Homeland Security. The report shall, 

5 for at least 6 systems that are representative of the systems 

6 listed in the report under subsection (a)— 

7 (1) evaluate the effectiveness of the system in 

8 meeting its stated goals; 

9 (2) review the privacy policies and implications 

10 of the system; 

11 (3) review the civil rights and civil liberties poli12 cies and implications of the system; 

13 (4) describe any lessons learned from the imple14 mentation of the system; and 

15 (5) describe any remaining questions about the 

16 effectiveness and the privacy and civil liberties impli17 cations of such systems that cannot be addressed by 

18 this evaluation of surveillance systems and that may 

19 require demonstration programs to study. 

20 (d) DEMONSTRATION PROJECT.— 

21 (1) IN GENERAL.—Not sooner than 120 days 

22 after the transmittal of the report required under sub23 section (c), and based on the results of that evalua24 tion, the Under Secretary for Science and Technology, 

25 in consultation with the Chief Privacy Officer and the 


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1 Officer for Civil Rights and Civil Liberties of the De2 partment of Homeland Security, may establish a 

3 demonstration project to assess the effectiveness and 

4 the privacy and civil liberties implications of uti5 lizing visual surveillance systems to enhance home6 land security. 

7 (2) BEST PRACTICES.—The demonstration 

8 project established under paragraph (1) shall thor9 oughly consider and incorporate best practices from 

10 within the United States and abroad, including from 

11 the United Kingdom, Israel, Canada, and Australia. 

12 (3) MASS TRANSIT SECURITY.—If visual surveil13 lance of a mass transit facility is included in the 

14 demonstration project under paragraph (1), the 

15 Under Secretary for Science and Technology shall 

16 consult with the Assistant Secretary for the Transpor17 tation Security Administration and shall ensure that 

18 the goals of the demonstration project are consistent 

19 with the research and development requirements of the 

20 National Strategy for Transportation Security. 

21 (e) DEFINITION.—In this section, the term ‘‘visual sur22 veillance’’ means the use of recording devices with the capa23 bility to obtain, store, or analyze video or static images, 

24 with the exception of data gathered via satellite systems. 


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1 SEC. 10. PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES 

2 ISSUES IN TECHNOLOGY DEVELOPMENT. 

3 (a) IN GENERAL.—Title III of the Homeland Security 

4 Act of 2002 (6 U.S.C. 181 et. seq.) is amended by adding 

5 at the end the following new section: 

6 ‘‘SEC. 319. PRIVACY AND CIVIL RIGHTS AND CIVIL LIB7 ERTIES ISSUES IN TECHNOLOGY DEVELOP8 MENT. 

9 ‘‘Not later than 180 days after the date of enactment 

10 of this section, the Under Secretary for Science and Tech11 nology, the Chief Privacy Officer, and the Officer for Civil 

12 Rights and Civil Liberties shall transmit to Congress a 

13 joint plan for how privacy and civil rights and civil lib14 erties issues will be considered in technology research and 

15 development programs at the Department, including how 

16 such issues will be taken into account in defining require17 ments for technology performance and use of technologies 

18 in pilot programs.’’. 

19 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

20 contents of the Homeland Security Act of 2002 is amended 

21 by adding after the item relating to section 318 the fol22 lowing new item: 

‘‘Sec. 319. Privacy and civil rights and civil liberties issues in technology development.’’. 


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1 SEC. 11. SCIENCE AND TECHNOLOGY STRATEGIC PLAN. 

2 (a) STRATEGIC PLAN.—Not later than 180 days after 

3 the date of enactment of this Act, the Under Secretary for 

4 Science and Technology shall transmit to Congress a stra5 tegic plan for the science and technology activities of the 

6 Department of Homeland Security. The plan shall in7 clude— 

8 (1) statement of the overall mission of the 

9 Science and Technology Directorate; 

10 (2) a prioritized list of objectives and the specific 

11 capabilities, including technologies and associated 

12 protocols, expertise, and facilities, needed to meet 

13 these objectives; 

14 (3) a description of the processes and risk-based 

15 methodologies used to prioritize these objectives; 

16 (4) a list of activities, including any long-term 

17 basic research programs, that the Under Secretary for 

18 Science and Technology will carry out to meet these 

19 objectives and develop the specific capabilities de20 scribed under paragraph (2); 

21 (5) a description of the metrics to be used for an22 nual review of the activities; 

23 (6) a description of all related programs and ac24 tivities, within the Department or at other Federal 

25 agencies, with which the activities will be coordinated; 

26 and 


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1 (7) a description of the processes used to ensure 

2 that factors associated with manpower and infra3 structure are considered during technology develop4 ment. 

5 (b) REGULAR UPDATING.—At the end of the fiscal year 

6 that occurs 5 years after the date of enactment of this Act, 

7 and every 5 years thereafter, the Under Secretary for 

8 Science and Technology shall transmit to Congress an up9 date of this strategic plan. 

10 SEC. 12. REPORTS TO CONGRESS ON SOCIAL AND BEHAV11 IORAL RESEARCH FOR HOMELAND SECURITY. 

12 (a) REPORT ON THE USE OF SOCIAL AND BEHAVIORAL

13 RESEARCH.—Not later than 1 year after the date of enact14 ment of this Act, the Secretary of Homeland Security shall 

15 transmit to Congress a report on the Department’s use of 

16 social and behavioral research, including— 

17 (1) a compilation of the instances in which the 

18 Department has made use of— 

19 (A) social and behavioral research in De20 partment programs in preparedness and re21 sponse, including risk communication activities, 

22 response plans, and training and guidance for 

23 decisionmakers; 


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1 (B) social and behavioral research, includ2 ing human factors research, in Department tech3 nology development and acquisition programs; 

4 (C) social and behavioral research in devel5 opment of Department programs for informing 

6 the general public on how to prepare for, protect 

7 against, respond to, and mitigate the effects, both 

8 physical and psychological, of acts of terrorism, 

9 natural disasters, or other emergencies; and 

10 (D) social and behavioral research regard11 ing emergency preparedness and response, search 

12 and rescue, evacuation, and sheltering-in-place 

13 procedures for populations with special needs, 

14 including persons with disabilities, health prob15 lems, language barriers, and income barriers, the 

16 elderly, and children in relevant Department 

17 programs; 

18 (2) specific citations or references to the social 

19 and behavioral research on which the Department has 

20 relied; and 

21 (3) a plan for how the Department will ensure 

22 greater incorporation of social and behavioral re23 search in program and communication activities in 

24 the near and long term. 


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1 (b) REPORT ON GAPS IN NEEDED SOCIAL AND BEHAV2 IORAL RESEARCH.—Not later than 180 days after the 

3 transmittal of the report under subsection (a), the Under 

4 Secretary for Science and Technology shall transmit to 

5 Congress a report identifying any gaps in the social and 

6 behavioral research needed to support the Department’s 

7 mission, and providing a plan to address such gaps. 

8 (c) CONSULTATION.—In preparing the reports under 

9 subsections (a) and (b), the Secretary and the Under Sec10 retary for Science and Technology shall consult with other 

11 government agencies supporting social and behavioral re12 search and nongovernmental experts in these fields. 

13 SEC. 13. GUIDE FOR RESEARCHERS ON THE HOMELAND SE14 CURITY IMPLICATIONS OF RESEARCH. 

15 (a) IN GENERAL.—The Under Secretary for Science 

16 and Technology shall enter into an arrangement with the 

17 National Research Council of the National Academy of 

18 Sciences to prepare a guide for researchers to raise aware19 ness in the scientific community about potential homeland 

20 security implications of their work and how laws and regu21 lations apply to such research. 

22 (b) TOPICS.—The topics covered in the guide prepared 

23 under subsection (a) shall include— 

24 (1) international conventions; 


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1 (2) United States statutes, regulations, and 

2 guidelines, including those covering biological mate3 rials; 

4 (3) the potential for legitimate research to be 

5 misused; 

6 (4) responsibilities of the scientific community to 

7 reduce opportunities for misuse; 

8 (5) case studies and examples; and 

9 (6) any other topics determined by the Under 

10 Secretary for Science and Technology to be appro11 priate. 

12 (c) DISSEMINATION.—The Under Secretary for Science 

13 and Technology shall transmit the guide prepared by the 

14 National Research Council under this section to Congress 

15 within 1 year of the date of enactment of this Act, and shall 

16 encourage the distribution of the guide throughout the home17 land security and life sciences research communities, espe18 cially to students. 

19 SEC. 14. PROJECT 25 STANDARDS COMPLIANCE. 

20 The Under Secretary for Science and Technology, 

21 working with the Director of the National Institute of 

22 Standards and Technology and other appropriate Federal 

23 agencies, shall support assessment of compliance of first re24 sponder communications equipment with the Project 25 

25 standards established by the Association of Public Safety 


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1 Communications Officials International. The results of such 

2 assessments shall be made publicly available, in a manner 

3 to best assist first responder agencies in selecting such 

4 equipment. 

5 SEC. 15. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

6 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP7 MENT PROGRAM.—The Secretary of Homeland Security, 

8 through the Under Secretary for Science and Technology, 

9 in coordination with the Assistant Secretary of Homeland 

10 Security (Transportation Security Administration) and the 

11 Departmental Privacy Officer, and in consultation with the 

12 Secretary of Transportation, shall carry out a research and 

13 development program for the purpose of improving rail and 

14 mass transit security that may include research and devel15 opment projects to— 

16 (1) reduce the vulnerability of passenger trains, 

17 stations, and equipment to explosives and hazardous 

18 chemical, biological, and radioactive substances; 

19 (2) test new emergency response and recovery 

20 techniques and technologies; 

21 (3) develop improved freight technologies, includ22 ing— 

23 (A) technologies for sealing rail cars; 

24 (B) automatic inspection of rail cars; 

25 (C) communication-based train controls; 


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1 (D) signal system integrity at switches; 

2 (E) emergency response training including 

3 training in a tunnel environment; 

4 (F) security and redundancy for critical 

5 communications, electrical power, computer, and 

6 train control systems; and 

7 (G) technologies for securing bridges and 

8 tunnels; 

9 (4) test wayside detectors that can detect tam10 pering with railroad equipment; 

11 (5) support enhanced security for the transpor12 tation of hazardous materials by rail; 

13 (6) mitigate damages in the event of a cyber at14 tack; and 

15 (7) address other vulnerabilities and risks identi16 fied by the Secretary. 

17 (b) COORDINATION WITH OTHER RESEARCH INITIA18 TIVES.—The Secretary of Homeland Security shall ensure 

19 that the research and development program authorized by 

20 this section is consistent with the National Strategy for 

21 Transportation Security and the Transportation Sector 

22 Specific Plan, and shall to the greatest extent possible lever23 age other ongoing research and development security related 

24 initiatives at the National Academy of Sciences; the De25 partment of Homeland Security; the Department of TransVerDate Aug 31 2005 23:43 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H4941.RH H4941

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1 portation, including University Transportation Centers 

2 and other institutes, centers, and simulators funded by the 

3 Department of Transportation; the Technical Support 

4 Working Group; other Federal agencies; and other Federal 

5 and private research laboratories and research entities with 

6 the capability to conduct both practical and theoretical re7 search and technical systems analysis. 

8 (c) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES

9 ISSUES.—In carrying out research and development 

10 projects under this section, the Under Secretary for Science 

11 and Technology shall consult with the Chief Privacy Officer 

12 and the Officer for Civil Rights and Civil Liberties as ap13 propriate and in accordance with the plan required by sec14 tion 319 of the Homeland Security Act of 2002. Pursuant 

15 to sections 222 and 705 of the Homeland Security Act of 

16 2002, the Chief Privacy Officer shall conduct privacy im17 pact assessments and the Officer for Civil Rights and Civil 

18 Liberties shall conduct reviews, as appropriate, for research 

19 and development initiatives developed pursuant to this sec20 tion. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated to the Secretary of Homeland 

23 Security to carry out this section such sums as may be nec24 essary for each of fiscal years 2007 through 2009. Amounts 


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1 made available pursuant to this subsection shall remain 

2 available until expended. 


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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 

rity, and for other purposes. activities of the Department of Homeland SecuDECEMBER 8, 2006 

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


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