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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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Home-
land Security Science and Technology Enhancement Act 
of 2004’’. 
SEC. 2. HOMELAND SECURITY INSTITUTE EXTENSION. 
Section 312(g) of the Homeland Security Act of 2002 
(6 U.S.C. 192(g)) is amended to read as follows:
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‘‘(g) TERMINATION.—The Homeland Security Insti-
tute shall terminate 10 years after its establishment.’’. 
SEC. 3. SPECIAL ACCESS PROGRAMS. 
For the purposes of carrying out the responsibilities 
of the Secretary under section 302 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 182), the Secretary is author-
ized to establish and maintain special access programs as-
sociated with research, development, test and evaluation, 
and acquisition of technology or systems. Access to knowl-
edge of such programs shall be strictly limited, and such 
programs shall be subject to restricted reporting require-
ments in the manner described in section 119 of title 10, 
United States Code. Nothing in this section shall be con-
strued to alter or diminish the effect of section 306(a) of 
the Homeland Security Act of 2002 (6 U.S.C. 186(a)). 
SEC. 4. HOMELAND SECURITY SCIENCE AND TECHNOLOGY 
ADVISORY COMMITTEE. 
Section 311(c)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 191(c)(2)) is amended to read as follows: 
‘‘(2) ORIGINAL APPOINTMENTS.—The original 
members of the Advisory Committee shall be ap-
pointed to three classes. One class of six shall have 
a term of 1 year, one class of seven a term of 2 
years, and one class of seven a term of 3 years.’’.
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SEC. 5. ADDITIONAL BUDGET-RELATED SUBMISSIONS. 
(a) IN GENERAL.—Beginning in fiscal year 2006, 
and annually thereafter, the Secretary of Homeland Secu-
rity shall submit to the Congress budget request informa-
tion for the Directorate of Science and Technology that 
includes research portfolio-based budget submissions and 
estimated funding summaries for each of— 
(1) the Office of Research and Development; 
(2) the Office of Homeland Security Advanced 
Research Projects Agency; 
(3) the Office of Systems Engineering Develop-
ment; 
(4) the Office of Plans, Programs, and Budget; 
and 
(5) such other major Directorate components as 
the Secretary may establish. 
(b) SUBMISSION.—The Secretary shall submit the in-
formation required under subsection (a) at the same time 
as the submission of the President’s annual budget re-
quest to the Congress. 
SEC. 
6. 
TECHNOLOGY-RELATED 
SOLICITATIONS, 
CON-
TRACTS, AND GRANTS. 
Not later than 60 days after the end of each fiscal 
year, the Under Secretary for Science and Technology 
shall transmit to the Congress a summary of the solicita-
tions and resulting contracts and grants awarded by the
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Directorate of Science and Technology in the past fiscal 
year, including— 
(1) a description of each solicitation offered, the 
number of proposals received in response to each so-
licitation, and the number of proposals selected for 
funding for each solicitation; 
(2) a description of the process used for pro-
posal selection in each solicitation, including the role 
of peer review; 
(3) the status of contract funding with respect 
to each selected proposal; 
(4) a breakdown of the types of organizations 
receiving funding, such as institutions of higher edu-
cation, small businesses, private industry, and non-
profit organizations; and 
(5) the number of transactions entered into as 
authorized under section 831(a)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 391(a)(1)) and a de-
scription of the benefits of the use of this authority 
by the Directorate of Science and Technology. 
SEC. 7. HOMELAND SECURITY SCIENCE INVESTMENT. 
(a) ASSESSMENT.—The Secretary of Homeland Secu-
rity shall conduct an assessment of—
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(1) the development of national capabilities in 
homeland security science and technology to address 
basic scientific research needs, which shall— 
(A) identify the most important scientific 
and technological challenges and priorities for 
homeland security; 
(B) assess the extent to which the Depart-
ment of Homeland Security research and devel-
opment agenda is addressing the challenges and 
priorities identified under subparagraph (A); 
(C) assess whether the Department is ef-
fectively coordinating Federal research and de-
velopment efforts in homeland security, particu-
larly in the areas identified under subparagraph 
(A); 
(D) assess the extent to which the agenda 
of the Department for basic research ensures 
that the Nation undertakes appropriate science 
investments to meet the long-term homeland se-
curity needs of the Nation, and recommend the 
extent to which such investments should be un-
dertaken; and 
(E) identify the criteria used for setting 
the optimal level of investment in basic re-
search; and
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(2) the methods used by the Directorate of 
Science and Technology for the prioritization of 
science and technology projects among, and within, 
research portfolios, including the selection and exe-
cution of such projects, which shall— 
(A) evaluate the process by which the Di-
rectorate obtains classified and unclassified 
threat and vulnerability information, and how 
that information is used to inform decisions on 
resource and funding allocations; 
(B) evaluate the usefulness of following a 
cost/benefit analysis to allocate funding among 
those portfolios and Directorate components; 
and 
(C) evaluate the current methodology for 
selecting, funding, and awarding homeland se-
curity science programs at the national labora-
tories and academic institutions, and whether 
optimal use of such laboratories and institutions 
is being made. 
(b) DEADLINE.—Not later than one year after the 
date of enactment of this Act, the Secretary shall transmit 
to the Congress the findings of the Department’s assess-
ment under subsection (a), including recommendations for 
improvements where necessary.
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SEC. 8. CYBERSECURITY TRAINING PROGRAMS AND EQUIP-
MENT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, 
acting 
through 
the 
Assistant 
Secretary 
for 
Cybersecurity, may establish, in conjunction with the Na-
tional Science Foundation, a program to award grants to 
institutions of higher education (and consortia thereof) 
for— 
(1) 
the 
establishment 
or 
expansion 
of 
cybersecurity professional development programs; 
(2) the establishment or expansion of associate 
degree programs in cybersecurity; and 
(3) the purchase of equipment to provide train-
ing in cybersecurity for either professional develop-
ment programs or degree programs. 
(b) ROLES.— 
(1) DEPARTMENT OF HOMELAND SECURITY.— 
The Secretary, acting through the Assistant Sec-
retary for Cybersecurity and in consultation with the 
Director of the National Science Foundation, shall 
establish the goals for the program established 
under this section and the criteria for awarding 
grants under the program. 
(2) NATIONAL SCIENCE FOUNDATION.—The Di-
rector of the National Science Foundation shall op-
erate the program established under this section
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consistent with the goals and criteria established 
under paragraph (1), including soliciting applicants, 
reviewing applications, and making and admin-
istering grant awards. The Director may consult 
with the Assistant Secretary for Cybersecurity in se-
lecting awardees. 
(3) FUNDING.—The Secretary shall transfer to 
the National Science Foundation the funds nec-
essary to carry out this section. 
(c) GRANT AWARDS.— 
(1) PEER
REVIEW.—All grant awards under 
this section shall be made on a competitive, merit- 
reviewed basis. 
(2) FOCUS.—In making grant awards under 
this section, the Director shall, to the extent prac-
ticable, ensure geographic diversity and the partici-
pation of women and underrepresented minorities. 
(3) PREFERENCE.—In making grant awards 
under this section, the Director shall give preference 
to applications submitted by consortia of institutions 
to encourage as many students and professionals as 
possible to benefit from this program. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary for car-
rying out this section $3,700,000 for fiscal year 2005.
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(e) DEFINITIONS.—In this section, the term ‘‘institu-
tion of higher education’’ has the meaning given that term 
in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a)). 
SEC. 9. JOINT DEVELOPMENT OF COUNTERTERRORISM 
AND HOMELAND SECURITY TECHNOLOGIES, 
PRODUCTS, AND SERVICES. 
(a) AUTHORIZATION.—For the purpose of jointly de-
veloping counterterrorism and homeland security tech-
nologies, products, and services, the Secretary of Home-
land Security may enter into agreements or partnerships 
with foreign governments that are allies of the United 
States in the war on terrorism and have extensive experi-
ence in counterterrorism activities, including the Govern-
ment of Israel and the Government of the United King-
dom. 
(b) FUNDING.—Of the amounts appropriated for pro-
grams administered by the Directorate of Science and 
Technology of the Department of Homeland Security for 
fiscal year 2005, there is authorized up to $20,000,000 
to carry out this section. 
SEC. 10. GEOSPATIAL INFORMATION. 
(a) COORDINATION OF GEOSPATIAL INFORMATION.— 
With respect to geospatial technology, and interoperability
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of such technology, the Secretary of Homeland Security 
shall— 
(1) identify the homeland security-related 
geospatial information needs of the Department of 
Homeland Security; 
(2) evaluate the geospatial information gath-
ering activities of the Directorates of the Depart-
ment, and take appropriate actions to enhance infor-
mation sharing, integration, or consolidation with re-
spect to such activities within the Department; 
(3) evaluate geospatial technologies, including 
information, data, systems, services, hardware, and 
software, that are utilized by or available to the De-
partment; 
(4) evaluate whether geospatial information col-
lected under projects for which the Department has 
provided grant funds is available to the Department; 
(5) ensure that the Department is participating 
in and coordinating with the Federal Geographic 
Data Committee and other similar entities; 
(6) identify the homeland security-related 
geospatial information that is being collected by 
other Federal agencies, and evaluate its usefulness 
to the Department;
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(7) coordinate geospatial information sharing 
processes between the Department and other Fed-
eral, State, and local agencies; and 
(8) to the extent practicable, utilize commercial 
geospatial data and services to meet the geospatial 
information needs of the Department or to supple-
ment the geospatial activities of the Department and 
its directorates. 
(b) GEOSPATIAL MANAGEMENT OFFICE.—The Sec-
retary of Homeland Security shall establish a Geospatial 
Management Office. The head of such office shall be the 
Geospatial Information Officer, who shall be responsible 
for coordinating the geospatial information activities of 
the Department of Homeland Security, with support and 
assistance from other Directorates and offices within the 
Department. 
(c) DEFINED TERMS.—As used in this subsection: 
(1) GEOSPATIAL
INFORMATION.—The term 
‘‘geospatial information’’ means graphical or digital 
data depicting natural or manmade physical fea-
tures, phenomena, or boundaries of the earth and 
any information related thereto, including surveys, 
maps, charts, remote sensing data, and images. 
(2) 
GEOSPATIAL
TECHNOLOGY.—The 
term 
‘‘geospatial technology’’ means any technology uti-
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lized 
by 
analysts, 
specialists, 
surveyors, 
photogrammetrists, hydrographers, geodesists, car-
tographers, architects, or engineers for the collec-
tion, 
storage, 
retrieval, 
or 
dissemination 
of 
geospatial information, including global satellite sur-
veillance systems, global position systems (GPS), ge-
ographic information systems (GIS), mapping equip-
ment, geocoding technology, and remote sensing de-
vices. 
SEC. 11. INTEROPERABLE COMMUNICATIONS. 
(a) COORDINATION OF PUBLIC SAFETY INTEROPER-
ABLE COMMUNICATIONS PROGRAMS.—The Secretary of 
Homeland Security shall establish a program to enhance 
public safety interoperable communications at all levels of 
government. Such program shall— 
(1) establish a comprehensive national approach 
to achieving public safety interoperable communica-
tions; 
(2) coordinate with other Federal agencies in 
carrying out paragraph (1); 
(3) develop, in consultation with other appro-
priate Federal agencies and State and local authori-
ties, an appropriate baseline of communications 
interoperability for Federal, State, and local public 
safety agencies;
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(4) accelerate, in consultation with other Fed-
eral agencies, including the National Institute of 
Standards and Technology, the private sector, and 
nationally recognized standards organizations as ap-
propriate, the development of national voluntary 
consensus standards for public safety interoperable 
communications; 
(5) encourage the development of flexible and 
open architectures, with appropriate levels of secu-
rity, for short-term and long-term solutions to public 
safety communications interoperability; 
(6) assist other Federal agencies in identifying 
priorities for research, development, and testing and 
evaluation with regard to public safety interoperable 
communications; 
(7) identify priorities within the Department for 
research, development, and testing and evaluation 
with regard to public safety interoperable commu-
nications; 
(8) establish coordinated guidance for Federal 
grant programs for public safety interoperable com-
munications; 
(9) provide technical assistance to State and 
local public safety agencies regarding planning, ac-
quisition strategies, interoperability architectures,
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training, and other functions necessary to achieve 
public safety communications interoperability; 
(10) develop and disseminate best practices to 
improve public safety communications interoper-
ability; and 
(11) develop appropriate performance measures 
and milestones to systematically measure the Na-
tion’s progress towards achieving public safety com-
munications interoperability, including the develop-
ment of national voluntary consensus standards. 
(b) OFFICE
OF PUBLIC SAFETY INTEROPERABLE 
COMMUNICATIONS.— 
(1) ESTABLISHMENT.—The Secretary may es-
tablish an Office of Public Safety Interoperable 
Communications to carry out this section. 
(2) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to advisory 
groups established and maintained by the Office. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall report 
to the Congress on Department of Homeland Security 
plans for accelerating the development of national vol-
untary consensus standards for public safety interoperable
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communications, a schedule of milestones for such devel-
opment, and achievements of such development. 
SEC. 12. TECHNOLOGY DEVELOPMENT AND TRANSFER. 
(a) TRANSFER PROGRAM.—Section 313 of the Home-
land Security Act of 2002 (6 U.S.C. 193) is amended— 
(1) by adding at the end of subsection (b) the 
following new paragraph: 
‘‘(6) The establishment of a homeland security 
technology and equipment transfer program to facili-
tate the identification, modification, and commer-
cialization of technology and equipment for use by 
Federal, State, and local governmental agencies, 
emergency response providers, and the private sec-
tor.’’; 
(2) by redesignating subsection (c) as sub-
section (d); and 
(3) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) TECHNOLOGY TRANSFER PROGRAM.—In devel-
oping the program described in subsection (b)(6), the Sec-
retary, acting through the Under Secretary for Science 
and Technology, shall— 
‘‘(1) in consultation with the Under Secretary 
for Emergency Preparedness and Response and the
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Director of the Office for Domestic Preparedness, on 
an ongoing basis— 
‘‘(A) conduct surveys and reviews of avail-
able appropriate technologies that have been de-
veloped, tested, evaluated, or demonstrated by 
the Department, other Federal agencies, or the 
private sector, and that may be useful in assist-
ing Federal, State, and local governmental 
agencies, emergency response providers, or the 
private sector to prevent, prepare for, or re-
spond to acts of terrorism; 
‘‘(B) conduct or support tests, evaluations, 
or demonstrations as appropriate of tech-
nologies identified under subparagraph (A), in-
cluding any necessary modifications to such 
technologies for counterterrorism use; and 
‘‘(C) communicate to Federal, State, and 
local governmental agencies, emergency re-
sponse providers, or the private sector the avail-
ability of such technologies for counterterrorism 
use; and 
‘‘(2) in support of the activities described in 
paragraph (1)— 
‘‘(A) consult with Federal, State, and local 
emergency response providers;
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‘‘(B) consult with government and nation-
ally recognized standards organizations as ap-
propriate; 
‘‘(C) enter into agreements and coordinate 
with other Federal agencies as the Secretary 
determines appropriate, in order to maximize 
the effectiveness of such technologies or to fa-
cilitate commercialization of such technologies; 
and 
‘‘(D) consult with existing technology 
transfer programs and Federal and State train-
ing centers that test, evaluate, and transfer 
military and other technologies for use by emer-
gency response providers.’’. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Under Secretary for Science 
and Technology shall transmit to the Congress a descrip-
tion of the progress the Department has made in imple-
menting the provisions of section 313 of the Homeland 
Security Act of 2002, as amended by this Act, including 
a description of the process used to review unsolicited pro-
posals received as described in subsection (b)(3) of such 
section. 
(c) SAVINGS CLAUSE.—Nothing in this section (in-
cluding the amendments made by this section) shall be
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construed to alter or diminish the effect of the limitation 
on the authority of the Secretary of Homeland Security 
under section 302(4) of the Homeland Security Act of 
2002 (6 U.S.C. 182(4)) with respect to human health-re-
lated research and development activities. 
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