I 

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108TH CONGRESS 

2D SESSION H. R. 5069 

To enhance homeland security science and technology, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2004 

Mr. THORNBERRY (for himself and Ms. LOFGREN) introduced the following 

bill; which was referred to the Committee on Science, and in addition to 

the Select Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To enhance homeland security science and technology, 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 ‘‘Department of Home5 land Security Science and Technology Enhancement Act 

6 of 2004’’. 

7 SEC. 2. HOMELAND SECURITY INSTITUTE EXTENSION. 

8 Section 312(g) of the Homeland Security Act of 2002 

9 (6 U.S.C. 192(g)) is amended to read as follows: 
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1 ‘‘(g) TERMINATION.—The Homeland Security Insti2 tute shall terminate 10 years after its establishment.’’. 

3 SEC. 3. SPECIAL ACCESS PROGRAMS. 

4 For the purposes of carrying out the responsibilities 

5 of the Secretary under section 302 of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 182), the Secretary is author7 ized to establish and maintain special access programs as8 sociated with research, development, test and evaluation, 

9 and acquisition of technology or systems. Access to knowl10 edge of such programs shall be strictly limited, and such 

11 programs shall be subject to restricted reporting require12 ments in the manner described in section 119 of title 10, 

13 United States Code. Nothing in this section shall be con14 strued to alter or diminish the effect of section 306(a) of 

15 the Homeland Security Act of 2002 (6 U.S.C. 186(a)). 

16 SEC. 4. HOMELAND SECURITY SCIENCE AND TECHNOLOGY 

17 ADVISORY COMMITTEE. 

18 Section 311(c)(2) of the Homeland Security Act of 

19 2002 (6 U.S.C. 191(c)(2)) is amended to read as follows: 

20 ‘‘(2) ORIGINAL APPOINTMENTS.—The original 

21 members of the Advisory Committee shall be ap22 pointed to three classes. One class of six shall have 

23 a term of 1 year, one class of seven a term of 2 

24 years, and one class of seven a term of 3 years.’’. 
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1 SEC. 5. ADDITIONAL BUDGET-RELATED SUBMISSIONS. 

2 (a) IN GENERAL.—Beginning in fiscal year 2006, 

3 and annually thereafter, the Secretary of Homeland Secu4 rity shall submit to the Congress budget request informa5 tion for the Directorate of Science and Technology that 

6 includes research portfolio-based budget submissions and 

7 estimated funding summaries for each of— 

8 (1) the Office of Research and Development; 

9 (2) the Office of Homeland Security Advanced 

10 Research Projects Agency; 

11 (3) the Office of Systems Engineering Develop12 ment; 

13 (4) the Office of Plans, Programs, and Budget; 

14 and 

15 (5) such other major Directorate components as 

16 the Secretary may establish. 

17 (b) SUBMISSION.—The Secretary shall submit the in18 formation required under subsection (a) at the same time 

19 as the submission of the President’s annual budget re20 quest to the Congress. 

21 SEC. 6. TECHNOLOGY-RELATED SOLICITATIONS, CON22 TRACTS, AND GRANTS. 

23 Not later than 60 days after the end of each fiscal 

24 year, the Under Secretary for Science and Technology 

25 shall transmit to the Congress a summary of the solicita26 tions and resulting contracts and grants awarded by the 
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1 Directorate of Science and Technology in the past fiscal 

2 year, including— 

3 (1) a description of each solicitation offered, the 

4 number of proposals received in response to each so5 licitation, and the number of proposals selected for 

6 funding for each solicitation; 

7 (2) a description of the process used for pro8 posal selection in each solicitation, including the role 

9 of peer review; 

10 (3) the status of contract funding with respect 

11 to each selected proposal; 

12 (4) a breakdown of the types of organizations 

13 receiving funding, such as institutions of higher edu14 cation, small businesses, private industry, and non15 profit organizations; and 

16 (5) the number of transactions entered into as 

17 authorized under section 831(a)(1) of the Homeland 

18 Security Act of 2002 (6 U.S.C. 391(a)(1)) and a de19 scription of the benefits of the use of this authority 

20 by the Directorate of Science and Technology. 

21 SEC. 7. HOMELAND SECURITY SCIENCE INVESTMENT. 

22 (a) ASSESSMENT.—The Secretary of Homeland Secu23 rity shall conduct an assessment of— 
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1 (1) the development of national capabilities in 

2 homeland security science and technology to address 

3 basic scientific research needs, which shall— 

4 (A) identify the most important scientific 

5 and technological challenges and priorities for 

6 homeland security; 

7 (B) assess the extent to which the Depart8 ment of Homeland Security research and devel9 opment agenda is addressing the challenges and 

10 priorities identified under subparagraph (A); 

11 (C) assess whether the Department is ef12 fectively coordinating Federal research and de13 velopment efforts in homeland security, particu14 larly in the areas identified under subparagraph 

15 (A); 

16 (D) assess the extent to which the agenda 

17 of the Department for basic research ensures 

18 that the Nation undertakes appropriate science 

19 investments to meet the long-term homeland se20 curity needs of the Nation, and recommend the 

21 extent to which such investments should be un22 dertaken; and 

23 (E) identify the criteria used for setting 

24 the optimal level of investment in basic re25 search; and 
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1 (2) the methods used by the Directorate of 

2 Science and Technology for the prioritization of 

3 science and technology projects among, and within, 

4 research portfolios, including the selection and exe5 cution of such projects, which shall— 

6 (A) evaluate the process by which the Di7 rectorate obtains classified and unclassified 

8 threat and vulnerability information, and how 

9 that information is used to inform decisions on 

10 resource and funding allocations; 

11 (B) evaluate the usefulness of following a 

12 cost/benefit analysis to allocate funding among 

13 those portfolios and Directorate components; 

14 and 

15 (C) evaluate the current methodology for 

16 selecting, funding, and awarding homeland se17 curity science programs at the national labora18 tories and academic institutions, and whether 

19 optimal use of such laboratories and institutions 

20 is being made. 

21 (b) DEADLINE.—Not later than one year after the 

22 date of enactment of this Act, the Secretary shall transmit 

23 to the Congress the findings of the Department’s assess24 ment under subsection (a), including recommendations for 

25 improvements where necessary. 
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1 SEC. 8. CYBERSECURITY TRAINING PROGRAMS AND EQUIP2 MENT. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity, acting through the Assistant Secretary for 

5 Cybersecurity, may establish, in conjunction with the Na6 tional Science Foundation, a program to award grants to 

7 institutions of higher education (and consortia thereof) 

8 for— 

9 (1) the establishment or expansion of 

10 cybersecurity professional development programs; 

11 (2) the establishment or expansion of associate 

12 degree programs in cybersecurity; and 

13 (3) the purchase of equipment to provide train14 ing in cybersecurity for either professional develop15 ment programs or degree programs. 

16 (b) ROLES.— 

17 (1) DEPARTMENT OF HOMELAND SECURITY.— 

18 The Secretary, acting through the Assistant Sec19 retary for Cybersecurity and in consultation with the 

20 Director of the National Science Foundation, shall 

21 establish the goals for the program established 

22 under this section and the criteria for awarding 

23 grants under the program. 

24 (2) NATIONAL SCIENCE FOUNDATION.—The Di25 rector of the National Science Foundation shall op26 erate the program established under this section 
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1 consistent with the goals and criteria established 

2 under paragraph (1), including soliciting applicants, 

3 reviewing applications, and making and admin4 istering grant awards. The Director may consult 

5 with the Assistant Secretary for Cybersecurity in se6 lecting awardees. 

7 (3) FUNDING.—The Secretary shall transfer to 

8 the National Science Foundation the funds nec9 essary to carry out this section. 

10 (c) GRANT AWARDS.— 

11 (1) PEER REVIEW.—All grant awards under 

12 this section shall be made on a competitive, merit13 reviewed basis. 

14 (2) FOCUS.—In making grant awards under 

15 this section, the Director shall, to the extent prac16 ticable, ensure geographic diversity and the partici17 pation of women and underrepresented minorities. 

18 (3) PREFERENCE.—In making grant awards 

19 under this section, the Director shall give preference 

20 to applications submitted by consortia of institutions 

21 to encourage as many students and professionals as 

22 possible to benefit from this program. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary for car25 rying out this section $3,700,000 for fiscal year 2005. 
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1 (e) DEFINITIONS.—In this section, the term ‘‘institu2 tion of higher education’’ has the meaning given that term 

3 in section 101(a) of the Higher Education Act of 1965 

4 (20 U.S.C. 1001(a)). 

5 SEC. 9. JOINT DEVELOPMENT OF COUNTERTERRORISM 

6 AND HOMELAND SECURITY TECHNOLOGIES, 

7 PRODUCTS, AND SERVICES. 

8 (a) AUTHORIZATION.—For the purpose of jointly de9 veloping counterterrorism and homeland security tech10 nologies, products, and services, the Secretary of Home11 land Security may enter into agreements or partnerships 

12 with foreign governments that are allies of the United 

13 States in the war on terrorism and have extensive experi14 ence in counterterrorism activities, including the Govern15 ment of Israel and the Government of the United King16 dom. 

17 (b) FUNDING.—Of the amounts appropriated for pro18 grams administered by the Directorate of Science and 

19 Technology of the Department of Homeland Security for 

20 fiscal year 2005, there is authorized up to $20,000,000 

21 to carry out this section. 

22 SEC. 10. GEOSPATIAL INFORMATION. 

23 (a) COORDINATION OF GEOSPATIAL INFORMATION.— 

24 With respect to geospatial technology, and interoperability 
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1 of such technology, the Secretary of Homeland Security 

2 shall— 

3 (1) identify the homeland security-related 

4 geospatial information needs of the Department of 

5 Homeland Security; 

6 (2) evaluate the geospatial information gath7 ering activities of the Directorates of the Depart8 ment, and take appropriate actions to enhance infor9 mation sharing, integration, or consolidation with re10 spect to such activities within the Department; 

11 (3) evaluate geospatial technologies, including 

12 information, data, systems, services, hardware, and 

13 software, that are utilized by or available to the De14 partment; 

15 (4) evaluate whether geospatial information col16 lected under projects for which the Department has 

17 provided grant funds is available to the Department; 

18 (5) ensure that the Department is participating 

19 in and coordinating with the Federal Geographic 

20 Data Committee and other similar entities; 

21 (6) identify the homeland security-related 

22 geospatial information that is being collected by 

23 other Federal agencies, and evaluate its usefulness 

24 to the Department; 
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1 (7) coordinate geospatial information sharing 

2 processes between the Department and other Fed3 eral, State, and local agencies; and 

4 (8) to the extent practicable, utilize commercial 

5 geospatial data and services to meet the geospatial 

6 information needs of the Department or to supple7 ment the geospatial activities of the Department and 

8 its directorates. 

9 (b) GEOSPATIAL MANAGEMENT OFFICE.—The Sec10 retary of Homeland Security shall establish a Geospatial 

11 Management Office. The head of such office shall be the 

12 Geospatial Information Officer, who shall be responsible 

13 for coordinating the geospatial information activities of 

14 the Department of Homeland Security, with support and 

15 assistance from other Directorates and offices within the 

16 Department. 

17 (c) DEFINED TERMS.—As used in this subsection: 

18 (1) GEOSPATIAL INFORMATION.—The term 

19 ‘‘geospatial information’’ means graphical or digital 

20 data depicting natural or manmade physical fea21 tures, phenomena, or boundaries of the earth and 

22 any information related thereto, including surveys, 

23 maps, charts, remote sensing data, and images. 

24 (2) GEOSPATIAL TECHNOLOGY.—The term 

25 ‘‘geospatial technology’’ means any technology uti-
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1 lized by analysts, specialists, surveyors, 

2 photogrammetrists, hydrographers, geodesists, car3 tographers, architects, or engineers for the collec4 tion, storage, retrieval, or dissemination of 

5 geospatial information, including global satellite sur6 veillance systems, global position systems (GPS), ge7 ographic information systems (GIS), mapping equip8 ment, geocoding technology, and remote sensing de9 vices. 

10 SEC. 11. INTEROPERABLE COMMUNICATIONS. 

11 (a) COORDINATION OF PUBLIC SAFETY INTEROPER12 ABLE COMMUNICATIONS PROGRAMS.—The Secretary of 

13 Homeland Security shall establish a program to enhance 

14 public safety interoperable communications at all levels of 

15 government. Such program shall— 

16 (1) establish a comprehensive national approach 

17 to achieving public safety interoperable communica18 tions; 

19 (2) coordinate with other Federal agencies in 

20 carrying out paragraph (1); 

21 (3) develop, in consultation with other appro22 priate Federal agencies and State and local authori23 ties, an appropriate baseline of communications 

24 interoperability for Federal, State, and local public 

25 safety agencies; 
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1 (4) accelerate, in consultation with other Fed2 eral agencies, including the National Institute of 

3 Standards and Technology, the private sector, and 

4 nationally recognized standards organizations as ap5 propriate, the development of national voluntary 

6 consensus standards for public safety interoperable 

7 communications; 

8 (5) encourage the development of flexible and 

9 open architectures, with appropriate levels of secu10 rity, for short-term and long-term solutions to public 

11 safety communications interoperability; 

12 (6) assist other Federal agencies in identifying 

13 priorities for research, development, and testing and 

14 evaluation with regard to public safety interoperable 

15 communications; 

16 (7) identify priorities within the Department for 

17 research, development, and testing and evaluation 

18 with regard to public safety interoperable commu19 nications; 

20 (8) establish coordinated guidance for Federal 

21 grant programs for public safety interoperable com22 munications; 

23 (9) provide technical assistance to State and 

24 local public safety agencies regarding planning, ac25 quisition strategies, interoperability architectures, 
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1 training, and other functions necessary to achieve 

2 public safety communications interoperability; 

3 (10) develop and disseminate best practices to 

4 improve public safety communications interoper5 ability; and 

6 (11) develop appropriate performance measures 

7 and milestones to systematically measure the Na8 tion’s progress towards achieving public safety com9 munications interoperability, including the develop10 ment of national voluntary consensus standards. 

11 (b) OFFICE OF PUBLIC SAFETY INTEROPERABLE

12 COMMUNICATIONS.— 

13 (1) ESTABLISHMENT.—The Secretary may es14 tablish an Office of Public Safety Interoperable 

15 Communications to carry out this section. 

16 (2) APPLICABILITY OF FEDERAL ADVISORY

17 COMMITTEE ACT.—The Federal Advisory Committee 

18 Act (5 U.S.C. App.) shall not apply to advisory 

19 groups established and maintained by the Office. 

20 (c) REPORT.—Not later than 120 days after the date 

21 of the enactment of this Act, the Secretary shall report 

22 to the Congress on Department of Homeland Security 

23 plans for accelerating the development of national vol24 untary consensus standards for public safety interoperable 
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1 communications, a schedule of milestones for such devel2 opment, and achievements of such development. 

3 SEC. 12. TECHNOLOGY DEVELOPMENT AND TRANSFER. 

4 (a) TRANSFER PROGRAM.—Section 313 of the Home5 land Security Act of 2002 (6 U.S.C. 193) is amended— 

6 (1) by adding at the end of subsection (b) the 

7 following new paragraph: 

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

9 technology and equipment transfer program to facili10 tate the identification, modification, and commer11 cialization of technology and equipment for use by 

12 Federal, State, and local governmental agencies, 

13 emergency response providers, and the private sec14 tor.’’; 

15 (2) by redesignating subsection (c) as sub16 section (d); and 

17 (3) by inserting after subsection (b) the fol18 lowing new subsection: 

19 ‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In devel20 oping the program described in subsection (b)(6), the Sec21 retary, acting through the Under Secretary for Science 

22 and Technology, shall— 

23 ‘‘(1) in consultation with the Under Secretary 

24 for Emergency Preparedness and Response and the 
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1 Director of the Office for Domestic Preparedness, on 

2 an ongoing basis— 

3 ‘‘(A) conduct surveys and reviews of avail4 able appropriate technologies that have been de5 veloped, tested, evaluated, or demonstrated by 

6 the Department, other Federal agencies, or the 

7 private sector, and that may be useful in assist8 ing Federal, State, and local governmental 

9 agencies, emergency response providers, or the 

10 private sector to prevent, prepare for, or re11 spond to acts of terrorism; 

12 ‘‘(B) conduct or support tests, evaluations, 

13 or demonstrations as appropriate of tech14 nologies identified under subparagraph (A), in15 cluding any necessary modifications to such 

16 technologies for counterterrorism use; and 

17 ‘‘(C) communicate to Federal, State, and 

18 local governmental agencies, emergency re19 sponse providers, or the private sector the avail20 ability of such technologies for counterterrorism 

21 use; and 

22 ‘‘(2) in support of the activities described in 

23 paragraph (1)— 

24 ‘‘(A) consult with Federal, State, and local 

25 emergency response providers; 
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1 ‘‘(B) consult with government and nation2 ally recognized standards organizations as ap3 propriate; 

4 ‘‘(C) enter into agreements and coordinate 

5 with other Federal agencies as the Secretary 

6 determines appropriate, in order to maximize 

7 the effectiveness of such technologies or to fa8 cilitate commercialization of such technologies; 

9 and 

10 ‘‘(D) consult with existing technology 

11 transfer programs and Federal and State train12 ing centers that test, evaluate, and transfer 

13 military and other technologies for use by emer14 gency response providers.’’. 

15 (b) REPORT.—Not later than one year after the date 

16 of enactment of this Act, the Under Secretary for Science 

17 and Technology shall transmit to the Congress a descrip18 tion of the progress the Department has made in imple19 menting the provisions of section 313 of the Homeland 

20 Security Act of 2002, as amended by this Act, including 

21 a description of the process used to review unsolicited pro22 posals received as described in subsection (b)(3) of such 

23 section. 

24 (c) SAVINGS CLAUSE.—Nothing in this section (in25 cluding the amendments made by this section) shall be 
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1 construed to alter or diminish the effect of the limitation 

2 on the authority of the Secretary of Homeland Security 

3 under section 302(4) of the Homeland Security Act of 

4 2002 (6 U.S.C. 182(4)) with respect to human health-re5 lated research and development activities. 

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