Text: H.R.5069 — 108th Congress (2003-2004)

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Introduced in House (09/13/2004)


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[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 5069 Introduced in House (IH)]






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland 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:
    ``(g) Termination.--The Homeland Security Institute 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 Security Act of 2002 (6 
U.S.C. 182), the Secretary is authorized to establish and maintain 
special access programs associated with research, development, test and 
evaluation, and acquisition of technology or systems. Access to 
knowledge of such programs shall be strictly limited, and such programs 
shall be subject to restricted reporting requirements in the manner 
described in section 119 of title 10, United States Code. Nothing in 
this section shall be construed 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 appointed 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.''.

SEC. 5. ADDITIONAL BUDGET-RELATED SUBMISSIONS.

    (a) In General.--Beginning in fiscal year 2006, and annually 
thereafter, the Secretary of Homeland Security shall submit to the 
Congress budget request information 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 Development;
            (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 information 
required under subsection (a) at the same time as the submission of the 
President's annual budget request to the Congress.

SEC. 6. TECHNOLOGY-RELATED SOLICITATIONS, CONTRACTS, 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 solicitations and resulting contracts and grants awarded 
by the 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 solicitation, and the 
        number of proposals selected for funding for each solicitation;
            (2) a description of the process used for proposal 
        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 education, small 
        businesses, private industry, and nonprofit 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 description 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 Security shall conduct 
an assessment of--
            (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 Department of 
                Homeland Security research and development agenda is 
                addressing the challenges and priorities identified 
                under subparagraph (A);
                    (C) assess whether the Department is effectively 
                coordinating Federal research and development efforts 
                in homeland security, particularly 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 security needs of the Nation, and 
                recommend the extent to which such investments should 
                be undertaken; and
                    (E) identify the criteria used for setting the 
                optimal level of investment in basic research; and
            (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 execution of such projects, which shall--
                    (A) evaluate the process by which the Directorate 
                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 security science 
                programs at the national laboratories 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 assessment under subsection (a), including 
recommendations for improvements where necessary.

SEC. 8. CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Assistant Secretary for Cybersecurity, may establish, in 
conjunction with the National 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 training in 
        cybersecurity for either professional development programs or 
        degree programs.
    (b) Roles.--
            (1) Department of homeland security.--The Secretary, acting 
        through the Assistant Secretary 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 Director of the 
        National Science Foundation shall operate the program 
        established under this section consistent with the goals and 
        criteria established under paragraph (1), including soliciting 
        applicants, reviewing applications, and making and 
        administering grant awards. The Director may consult with the 
        Assistant Secretary for Cybersecurity in selecting awardees.
            (3) Funding.--The Secretary shall transfer to the National 
        Science Foundation the funds necessary 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 practicable, ensure geographic 
        diversity and the participation 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 carrying out this section $3,700,000 
for fiscal year 2005.
    (e) Definitions.--In this section, the term ``institution 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 developing 
counterterrorism and homeland security technologies, products, and 
services, the Secretary of Homeland 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 experience in 
counterterrorism activities, including the Government of Israel and the 
Government of the United Kingdom.
    (b) Funding.--Of the amounts appropriated for programs 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 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 gathering 
        activities of the Directorates of the Department, and take 
        appropriate actions to enhance information sharing, 
        integration, or consolidation with respect 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 Department;
            (4) evaluate whether geospatial information collected 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;
            (7) coordinate geospatial information sharing processes 
        between the Department and other Federal, 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 supplement the geospatial 
        activities of the Department and its directorates.
    (b) Geospatial Management Office.--The Secretary 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 features, 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 utilized by analysts, 
        specialists, surveyors, photogrammetrists, hydrographers, 
        geodesists, cartographers, architects, or engineers for the 
        collection, storage, retrieval, or dissemination of geospatial 
        information, including global satellite surveillance systems, 
        global position systems (GPS), geographic information systems 
        (GIS), mapping equipment, geocoding technology, and remote 
        sensing devices.

SEC. 11. INTEROPERABLE COMMUNICATIONS.

    (a) Coordination of Public Safety Interoperable 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 communications;
            (2) coordinate with other Federal agencies in carrying out 
        paragraph (1);
            (3) develop, in consultation with other appropriate Federal 
        agencies and State and local authorities, an appropriate 
        baseline of communications interoperability for Federal, State, 
        and local public safety agencies;
            (4) accelerate, in consultation with other Federal 
        agencies, including the National Institute of Standards and 
        Technology, the private sector, and nationally recognized 
        standards organizations as appropriate, 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 security, 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 communications;
            (8) establish coordinated guidance for Federal grant 
        programs for public safety interoperable communications;
            (9) provide technical assistance to State and local public 
        safety agencies regarding planning, acquisition strategies, 
        interoperability architectures, training, and other functions 
        necessary to achieve public safety communications 
        interoperability;
            (10) develop and disseminate best practices to improve 
        public safety communications interoperability; and
            (11) develop appropriate performance measures and 
        milestones to systematically measure the Nation's progress 
        towards achieving public safety communications 
        interoperability, including the development of national 
        voluntary consensus standards.
    (b) Office of Public Safety Interoperable Communications.--
            (1) Establishment.--The Secretary may establish 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 voluntary consensus standards for public safety 
interoperable communications, a schedule of milestones for such 
development, and achievements of such development.

SEC. 12. TECHNOLOGY DEVELOPMENT AND TRANSFER.

    (a) Transfer Program.--Section 313 of the Homeland 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 facilitate the 
        identification, modification, and commercialization of 
        technology and equipment for use by Federal, State, and local 
        governmental agencies, emergency response providers, and the 
        private sector.'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Technology Transfer Program.--In developing the program 
described in subsection (b)(6), the Secretary, acting through the Under 
Secretary for Science and Technology, shall--
            ``(1) in consultation with the Under Secretary for 
        Emergency Preparedness and Response and the Director of the 
        Office for Domestic Preparedness, on an ongoing basis--
                    ``(A) conduct surveys and reviews of available 
                appropriate technologies that have been developed, 
                tested, evaluated, or demonstrated by the Department, 
                other Federal agencies, or the private sector, and that 
                may be useful in assisting Federal, State, and local 
                governmental agencies, emergency response providers, or 
                the private sector to prevent, prepare for, or respond 
                to acts of terrorism;
                    ``(B) conduct or support tests, evaluations, or 
                demonstrations as appropriate of technologies 
                identified under subparagraph (A), including any 
                necessary modifications to such technologies for 
                counterterrorism use; and
                    ``(C) communicate to Federal, State, and local 
                governmental agencies, emergency response providers, or 
                the private sector the availability 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;
                    ``(B) consult with government and nationally 
                recognized standards organizations as appropriate;
                    ``(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 facilitate commercialization of 
                such technologies; and
                    ``(D) consult with existing technology transfer 
                programs and Federal and State training centers that 
                test, evaluate, and transfer military and other 
                technologies for use by emergency 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 description of the progress the Department has made 
in implementing the provisions of section 313 of the Homeland Security 
Act of 2002, as amended by this Act, including a description of the 
process used to review unsolicited proposals received as described in 
subsection (b)(3) of such section.
    (c) Savings Clause.--Nothing in this section (including the 
amendments made by this section) shall be construed to alter or 
diminish the effect of the limitation on the authority of the Secretary 
of Homeland Security under section 302(4) of the Homeland Security Act 
of 2002 (6 U.S.C. 182(4)) with respect to human health-related research 
and development activities.
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