H. Rept. 109-729 - 109th Congress (2005-2006)
December 08, 2006, As Reported by the Homeland Security Committee

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House Report 109-729 - HOMELAND SECURITY SCIENCE AND TECHNOLOGY ENHANCEMENT ACT OF 2006




[House Report 109-729]
[From the U.S. Government Printing Office]



109th Congress                                            Rept. 109-729
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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



 
    HOMELAND SECURITY SCIENCE AND TECHNOLOGY ENHANCEMENT ACT OF 2006

                                _______
                                

December 8, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4941]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4941) to reform the science and technology 
programs and activities of the Department of Homeland Security, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................    11
Background and Need for Legislation..............................    11
Hearings.........................................................    12
Committee Consideration..........................................    12
Committee Votes..................................................    12
Committee Oversight Findings.....................................    21
Statement of General Performance Goals and Objectives............    21
New Budget Authority, Entitlement Authority, and Tax Expenditures    21
Congressional Budget Office Estimate.............................    22
Federal Mandates Statement.......................................    23
Compliance With House Resolution 1000............................    23
Advisory Committee Statement.....................................    23
Constitutional Authority Statement...............................    24
Applicability to Legislative Branch..............................    24
Section-by-Section Analysis of the Legislation...................    24
Changes in Existing Law Made by the Bill, as Reported............    33
Additional Views.................................................    43

                               Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Homeland Security Science and 
Technology Enhancement Act of 2006''.

SEC. 2. NATIONAL STANDARDS FOR HOMELAND SECURITY EQUIPMENT AND 
                    TRAINING.

  (a) Amendment.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following new 
section:

``SEC. 314. NATIONAL STANDARDS FOR HOMELAND SECURITY EQUIPMENT AND 
                    TRAINING.

  ``(a) Equipment Standards.--
          ``(1) In general.--The Secretary, acting through the Under 
        Secretary for Science and Technology, and in consultation with 
        other components of the Department, as appropriate, and the 
        National Institute of Standards and Technology, shall support 
        the development, promulgation, and updating as necessary of 
        national voluntary consensus standards for the performance, 
        use, and validation of equipment used by Federal, State, and 
        local government and nongovernment emergency response 
        providers, and by the components of the Department. Such 
        standards--
                  ``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                  ``(B) shall take into account, as appropriate, new 
                types of terrorism threats and responsibilities of the 
                Department that may not have been contemplated when 
                such existing standards were developed;
                  ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety; and
                  ``(D) shall cover all appropriate uses of the 
                equipment.
          ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider national voluntary 
        consensus standards for the performance, use, and validation of 
        the following categories of equipment:
                  ``(A) Thermal imaging equipment.
                  ``(B) Radiation detection and analysis equipment.
                  ``(C) Biological detection and analysis equipment.
                  ``(D) Chemical detection and analysis equipment.
                  ``(E) Decontamination and sterilization equipment.
                  ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                  ``(G) Respiratory protection equipment.
                  ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                  ``(I) Explosive detection and analysis equipment, and 
                technologies and methods to mitigate the impact of 
                explosive devices or materials.
                  ``(J) Containment vessels.
                  ``(K) Contaminant-resistant vehicles.
                  ``(L) Aerial platforms.
                  ``(M) Special rescue equipment.
                  ``(N) Screening and patrolling technologies.
                  ``(O) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
          ``(3) Certification and accreditation.--The Secretary, in 
        carrying out this subsection, and in coordination with the 
        Director of the National Institute of Standards and Technology, 
        may support the certification of equipment and the 
        accreditation of laboratories to conduct testing and 
        evaluation.
          ``(4) Equipment standards and acquisitions.--
                  ``(A) Department supported acquisitions.--If an 
                applicant for financial assistance provided by the 
                Department proposes to use such financial assistance to 
                upgrade or purchase new equipment or systems that do 
                not meet or exceed any applicable national voluntary 
                consensus standards, the applicant shall include in its 
                application for financial assistance an explanation of 
                why such equipment or systems will serve the needs of 
                the applicant better than equipment or systems that 
                meet or exceed such standards.
                  ``(B) Department acquisitions.--When an operational 
                unit of the Department proposes to upgrade or purchase 
                new equipment or systems, the head of that unit shall 
                consult with the Under Secretary for Science and 
                Technology on whether such equipment or systems meet or 
                exceed any applicable national voluntary consensus 
                standards and whether there is need for the Department 
                to support the development or updating of applicable 
                national voluntary consensus standards.
  ``(b) Training Standards.--
          ``(1) In general.--The Secretary, acting through the Under 
        Secretary for Science and Technology, and in consultation with 
        other components of the Department, as appropriate, shall 
        support the development, promulgation, and regular updating as 
        necessary of national voluntary consensus standards for 
        training for Federal, State, and local government and 
        nongovernment emergency response providers and Department 
        personnel, including training that will enable them to use 
        equipment effectively and appropriately in carrying out their 
        responsibilities. Such standards shall give priority to 
        providing training to--
                  ``(A) enable Federal, State, and local government and 
                nongovernment emergency response providers and 
                Department personnel to prevent, prepare for, respond 
                to, mitigate against, and recover from terrorist 
                threats, including threats from chemical, biological, 
                radiological, and nuclear weapons and explosive devices 
                capable of inflicting significant human casualties, and 
                other emergencies; and
                  ``(B) familiarize Federal, State, and local 
                government and nongovernment emergency response 
                providers and Department personnel with the proper use 
                of equipment, including software, developed pursuant to 
                the standards developed under subsection (a).
          ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of activities:
                  ``(A) Regional planning.
                  ``(B) Joint exercises.
                  ``(C) Intelligence collection, analysis, and sharing.
                  ``(D) Decisionmaking protocols for incident response 
                and alarms.
                  ``(E) Emergency notification of affected populations.
                  ``(F) Detection of biological, nuclear, radiological, 
                and chemical weapons of mass destruction.
                  ``(G) Screening and patrolling procedures.
                  ``(H) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
          ``(3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that--
                  ``(A) training standards for Federal, State, and 
                local government and nongovernment emergency response 
                providers are consistent with the principles of 
                emergency preparedness for all hazards; and
                  ``(B) training standards for Department personnel are 
                consistent with the counterterrorism and traditional 
                responsibilities of the Department.
  ``(c) Consultation With Standards Organizations.--In supporting the 
development, promulgation, and updating of national voluntary consensus 
standards for equipment for and training under this section, the 
Secretary shall consult with relevant public and private sector groups, 
including--
          ``(1) the National Institute of Standards and Technology;
          ``(2) the National Fire Protection Association;
          ``(3) the National Association of County and City Health 
        Officials;
          ``(4) the Association of State and Territorial Health 
        Officials;
          ``(5) the American National Standards Institute;
          ``(6) the National Institute of Justice;
          ``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
          ``(8) the National Public Health Performance Standards 
        Program;
          ``(9) the National Institute for Occupational Safety and 
        Health;
          ``(10) ASTM International;
          ``(11) the International Safety Equipment Association;
          ``(12) the Emergency Management Accreditation Program; and
          ``(13) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
  ``(d) Coordination With Secretaries of HHS and Transportation.--In 
supporting the development, promulgation, and updating of any national 
voluntary consensus standards under this section for equipment for or 
training of emergency response providers that involve or relate to 
health or emergency medical services professionals, including emergency 
medical professionals, the Secretary shall coordinate activities under 
this section with the Secretary of Health and Human Services and the 
Secretary of Transportation.
  ``(e) Consistency With the National Technology Transfer and 
Advancement Act.--In carrying out this section, the Secretary shall 
comply with section 12(d) of the National Technology Transfer and 
Advancement Act (15 U.S.C. 272 note).''.
  (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 313 the following new item:

``Sec. 314. National standards for homeland security equipment and 
training.''.

SEC. 3. TECHNOLOGY DEVELOPMENT AND TRANSFER.

  (a) Establishment of Technology Clearinghouse.--Not later than 90 
days after the date of enactment of this Act, the Secretary shall 
complete the establishment of the Technology Clearinghouse under 
section 313 of the Homeland Security Act of 2002.
  (b) Transfer Program.--Section 313 of the Homeland Security Act of 
2002 (6 U.S.C. 193) is amended--
          (1) in subsection (b)(3), by striking ``subsection (c)(2)'' 
        and inserting ``subsection (e)(2)'';
          (2) by adding at the end of subsection (b) the following new 
        paragraph:
          ``(6) The establishment of a homeland security technology 
        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 to 
        prevent, prepare for, or respond to acts of terrorism or other 
        emergencies.'';
          (3) by redesignating subsection (c) as subsection (e); and
          (4) by inserting after subsection (b) the following new 
        subsections:
  ``(c) Elements of the Technology Transfer Program.--The activities of 
the program described in subsection (b)(6) shall include--
          ``(1) identifying available technologies that have been, or 
        are in the process of being, developed, tested, evaluated, or 
        demonstrated by the Department, other Federal agencies, the 
        private sector, or foreign governments and international 
        organizations, and reviewing whether such technologies may be 
        useful in assisting Federal, State, and local governmental 
        agencies, emergency response providers, or the private sector 
        to prevent, prepare for, respond to, or recover from acts of 
        terrorism or other emergencies; and
          ``(2) communicating to Federal, State, and local governmental 
        agencies, emergency response providers, or the private sector 
        the availability of such technologies, as well as the 
        technology's specifications, satisfaction of appropriate 
        standards, and the appropriate grants available from the 
        Department to purchase such technologies.
  ``(d) Responsibilities of Under Secretary for Science and 
Technology.--In support of the activities described in subsection (c), 
the Under Secretary for Science and Technology shall--
          ``(1) conduct or support, based on the Department's current 
        risk assessments, research, development, demonstrations, tests, 
        and evaluations, as appropriate, of technologies identified 
        under subsection (c)(1), including of--
                  ``(A) any necessary modifications to such 
                technologies for use by emergency response providers; 
                and
                  ``(B) incorporation of human factors in the 
                development and suggested use of such technologies;
          ``(2) ensure that the technology transfer activities 
        throughout the Directorate of Science and Technology are 
        coordinated, including the technology transfer aspects of 
        projects and grants awarded to the private sector and academia;
          ``(3) consult with the other Under Secretaries of the 
        Department, the Director of the Federal Emergency Management 
        Agency, and the Director of the Domestic Nuclear Detection 
        Office on an ongoing basis;
          ``(4) consult with Federal, State, and local emergency 
        response providers;
          ``(5) consult with government agencies and standards 
        development organizations as appropriate;
          ``(6) enter into agreements and coordinate with other Federal 
        agencies, foreign governments, and national and international 
        organizations as appropriate, in order to maximize the 
        effectiveness of such technologies or to facilitate 
        commercialization of such technologies;
          ``(7) consult with existing technology transfer programs and 
        Federal and State training centers that research, develop, 
        test, evaluate, and transfer military and other technologies 
        for use by emergency response providers; and
          ``(8) establish a working group in coordination with the 
        Secretary of Defense to advise and assist the technology 
        clearinghouse in the identification of military technologies 
        that are in the process of being developed, or are developed, 
        by the Department of Defense or the private sector, which may 
        include--
                  ``(A) representatives from the Department of Defense 
                or retired military officers;
                  ``(B) nongovernmental organizations or private 
                companies that are engaged in the research, 
                development, testing, or evaluation of related 
                technologies or that have demonstrated prior experience 
                and success in searching for and identifying 
                technologies for Federal agencies;
                  ``(C) Federal, State, and local emergency response 
                providers; and
                  ``(D) as appropriate, other organizations, other 
                interested Federal, State, and local agencies, and 
                other interested persons.''.
  (c) Report.--Not later than 1 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.
  (d) 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.

SEC. 4. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

  Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C. 191(j)) 
is amended to read as follows:
  ``(j) Termination.--The Department of Homeland Security Science and 
Technology Advisory Committee shall terminate 10 years after its 
establishment.''.

SEC. 5. REGIONAL TECHNOLOGY INTEGRATION PROGRAM.

  (a) Amendment.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following:

``SEC. 315. REGIONAL TECHNOLOGY INTEGRATION PROGRAM.

  ``(a) In General.--The Under Secretary for Science and Technology, in 
coordination with the Under Secretary for Preparedness, shall provide 
technical guidance, training, and other assistance, as appropriate, to 
support the transfer and integration of homeland security technologies 
and protocols in urban and other high risk jurisdictions determined by 
the Secretary to be at consistently high levels of risk from terrorist 
attack.
  ``(b) Activities.--The program supported under subsection (a) shall 
work to--
          ``(1) facilitate the transition of innovative technologies 
        and operational concepts, including those described in 
        subsection (c);
          ``(2) integrate new technologies with existing 
        infrastructure, systems, and concepts;
          ``(3) identify capability and technology gaps for future 
        research, development, test, and evaluation;
          ``(4) evaluate system performance, life cycle, and human 
        factor issues; and
          ``(5) disseminate lessons learned to other communities.
  ``(c) Innovative Technologies and Operational Concepts.--The 
innovative technologies and operational concepts referred to in 
subsection (b)(1) include--
          ``(1) detection systems for weapons of mass destruction;
          ``(2) emergency management information systems;
          ``(3) situational awareness;
          ``(4) information sharing;
          ``(5) atmospheric transport and dispersion modeling;
          ``(6) public alerts and warnings;
          ``(7) aerial platforms; and
          ``(8) emergency medical support.
  ``(d) Coordination.--In setting priorities for and carrying out the 
activities under this section, the Under Secretary for Science and 
Technology shall consult and coordinate with appropriate governors, 
mayors, other State and local government officials, and first 
responders.''.
  (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 314 the following new item:

``Sec. 315. Regional technology integration program.''.

SEC. 6. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  (a) Amendment.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et. seq.) is amended by adding at the end the following new 
section:

``SEC. 316. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  ``(a) In General.--The Under Secretary for Science and Technology 
shall support research and development, including fundamental, long-
term research, in cybersecurity to improve the ability of the United 
States to prevent, protect against, detect, respond to, and recover 
from cyber attacks, with emphasis on research and development relevant 
to large-scale, high-impact attacks.
  ``(b) Activities.--The research and development supported under 
subsection (a) shall include work to--
          ``(1) advance the development and accelerate the deployment 
        of more secure versions of critical information systems, 
        including--
                  ``(A) fundamental Internet protocols and 
                architectures, including for the domain name system and 
                routing protocols; and
                  ``(B) control systems used in critical infrastructure 
                sectors;
          ``(2) improve and create technologies for detecting attacks 
        or intrusions, including monitoring technologies;
          ``(3) improve and create mitigation and recovery 
        methodologies, including techniques for containment of attacks 
        and development of resilient networks and systems that degrade 
        gracefully; and
          ``(4) develop and support infrastructure and tools to support 
        cybersecurity research and development efforts, including 
        modeling, testbeds, and data sets for assessment of new 
        cybersecurity technologies.
  ``(c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate activities with--
          ``(1) the Assistant Secretary for Cybersecurity and 
        Telecommunications; and
          ``(2) other Federal agencies, including the National Science 
        Foundation, the Defense Advanced Research Projects Agency, the 
        Information Assurance Directorate of the National Security 
        Agency, and the National Institute of Standards and Technology, 
        to identify unmet needs and cooperatively support activities, 
        as appropriate.
  ``(d) Nature of Research.--Activities under this section shall be 
carried out in accordance with section 306(a) of this Act.
  ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2007.''.
  (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 315 the following new item:

``Sec. 316. Cybersecurity research and development.''.

SEC. 7. STANDARDS FOR CRITICAL INFRASTRUCTURE INFORMATION SYSTEMS.

  (a) Amendment.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et. seq.) is amended by adding at the end the following new 
section:

``SEC. 317. STANDARDS FOR CRITICAL INFRASTRUCTURE INFORMATION SYSTEMS.

  ``(a) Standards Program.--The Under Secretary for Science and 
Technology shall establish a program to support the development and 
promulgation of national voluntary consensus standards for 
requirements, performance testing, and user training with respect to 
critical infrastructure information systems.
  ``(b) Purpose.--The standards developed under subsection (a) shall be 
designed to assist State and local jurisdictions, including those in 
urban and other areas at consistently high levels of risk from 
terrorist attack, and emergency response providers to acquire and 
implement critical infrastructure information systems and to store and 
access information regarding critical infrastructure to be used in 
responding to acts of terrorism or other emergencies.
  ``(c) Requirements.--The standards developed under subsection (a) 
shall be designed to facilitate--
          ``(1) the interoperability of systems to enable sharing of 
        information in a variety of formats and across stakeholders at 
        the Federal, State, and local levels;
          ``(2) the ease of deployment of the systems to the field;
          ``(3) the ability to retrieve situational awareness 
        information in real-time;
          ``(4) the integrity, security, and accessibility of stored 
        information;
          ``(5) the application of human factors science in the 
        development of the system;
          ``(6) the availability and content of training programs for 
        potential users; and
          ``(7) meeting any other requirements determined by the Under 
        Secretary to be appropriate.
  ``(d) Reports.--The Under Secretary for Science and Technology shall 
submit to Congress--
          ``(1) 6 months after the date of enactment of this section, a 
        report describing the plan for carrying out the program under 
        this section, which shall include a schedule for the 
        development of national voluntary consensus standards for 
        critical infrastructure information systems; and
          ``(2) 12 months after the date of enactment of this section, 
        a report which shall include a description of--
                  ``(A) the steps taken under this program and the 
                funding dedicated to this program; and
                  ``(B) the steps that have been or will be taken to 
                promote the adoption of the standards by appropriate 
                standard-setting organizations.
  ``(e) Definitions.--In this section--
          ``(1) the term `critical infrastructure information systems' 
        means software programs that store, manage, and display 
        information about critical infrastructure to support 
        situational awareness and real-time decisionmaking of law 
        enforcement, fire services, emergency medical services, 
        emergency management agencies, other emergency response 
        providers, and critical infrastructure facility stakeholders. 
        Critical infrastructure information may include maps and other 
        geospatial information, emergency plans, interior and exterior 
        imagery, entry and exit points, and any other information about 
        infrastructure or facilities that may be beneficial to users of 
        critical infrastructure information systems; and
          ``(2) the term `critical infrastructure' has the meaning 
        given that term in section 1016(e) of the Uniting and 
        Strengthening America by Providing Appropriate Tools Required 
        to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
        2001 (42 U.S.C. 5195c(e)).''.
  (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 316 the following new item:

``Sec. 317. Standards for critical infrastructure information 
systems.''.

SEC. 8. SCHOLARSHIP AND FELLOWSHIP PROGRAMS AT THE DEPARTMENT OF 
                    HOMELAND SECURITY.

  (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et. seq.) is amended by adding at the end the following new 
section:

``SEC. 318. SCHOLARSHIP AND FELLOWSHIP PROGRAMS.

  ``(a) In General.--The Secretary, acting through the Under Secretary 
for Science and Technology, shall encourage the development of an 
adequate supply of people trained in and performing research in 
science, technology, engineering, and mathematical fields relevant to 
homeland security.
  ``(b) Responsibilities.--In carrying out this section, the Secretary 
may support--
          ``(1) programs at the undergraduate, graduate, and 
        postdoctoral levels, including at Historically Black Colleges 
        and Universities that are Part B institutions as defined in 
        section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
        1061(2)) and minority institutions (as defined in section 
        365(3) of that Act (20 U.S.C. 1067k(3))); and
          ``(2) internship programs that take advantage of the homeland 
        security research infrastructure available to the Department, 
        including laboratories owned or operated by the Department, the 
        Department of Energy National Laboratories, and University 
        Centers of Excellence.''.
  (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 317 the following new item:

``Sec. 318. Scholarship and fellowship programs.''.

SEC. 9. REPORTS AND DEMONSTRATION PROJECT ON SURVEILLANCE CAMERA 
                    PROGRAMS.

  (a) Inventory of Surveillance Systems.--Not later than 120 days after 
the date of enactment of this Act, the Under Secretary for Science and 
Technology, in consultation with the Chief Privacy Officer and the 
Officer for Civil Rights and Civil Liberties, shall transmit a report 
to Congress on existing visual surveillance systems supported or 
utilized by the Department of Homeland Security. The report shall, for 
each system--
          (1) describe the goals of the system, such as terrorism 
        prevention, emergency response, and law enforcement;
          (2) describe any potential uses of the system beyond its 
        stated goals and if the system has been used in any of those 
        ways;
          (3) describe the rules governing how visual information 
        generated by the system is collected, stored, analyzed, and 
        disseminated; and
          (4) describe the role of Federal, State, and local 
        governments and private entities in the operation of the system 
        and use of the data generated by the system.
  (b) Systems Covered.--The visual surveillance systems covered in the 
report required under subsection (a) shall include all systems for 
which--
          (1) the Department provided funds for development, 
        procurement, or implementation of the system; or
          (2) the Department has access to the data gathered through 
        the system.
  (c) Evaluation of Surveillance Systems.--Not later than 1 year after 
the transmittal of the report under subsection (a), the Under Secretary 
for Science and Technology, in consultation with the Chief Privacy 
Officer and the Officer for Civil Rights and Civil Liberties, shall 
transmit a report to Congress evaluating the use and effectiveness of 
existing visual surveillance systems supported or utilized by the 
Department of Homeland Security. The report shall, for at least 6 
systems that are representative of the systems listed in the report 
under subsection (a)--
          (1) evaluate the effectiveness of the system in meeting its 
        stated goals;
          (2) review the privacy policies and implications of the 
        system;
          (3) review the civil rights and civil liberties policies and 
        implications of the system;
          (4) describe any lessons learned from the implementation of 
        the system; and
          (5) describe any remaining questions about the effectiveness 
        and the privacy and civil liberties implications of such 
        systems that cannot be addressed by this evaluation of 
        surveillance systems and that may require demonstration 
        programs to study.
  (d) Demonstration Project.--
          (1) In general.--Not sooner than 120 days after the 
        transmittal of the report required under subsection (c), and 
        based on the results of that evaluation, the Under Secretary 
        for Science and Technology, in consultation with the Chief 
        Privacy Officer and the Officer for Civil Rights and Civil 
        Liberties of the Department of Homeland Security, may establish 
        a demonstration project to assess the effectiveness and the 
        privacy and civil liberties implications of utilizing visual 
        surveillance systems to enhance homeland security.
          (2) Best practices.--The demonstration project established 
        under paragraph (1) shall thoroughly consider and incorporate 
        best practices from within the United States and abroad, 
        including from the United Kingdom, Israel, Canada, and 
        Australia.
          (3) Mass transit security.--If visual surveillance of a mass 
        transit facility is included in the demonstration project under 
        paragraph (1), the Under Secretary for Science and Technology 
        shall consult with the Assistant Secretary for the 
        Transportation Security Administration and shall ensure that 
        the goals of the demonstration project are consistent with the 
        research and development requirements of the National Strategy 
        for Transportation Security.
  (e) Definition.--In this section, the term ``visual surveillance'' 
means the use of recording devices with the capability to obtain, 
store, or analyze video or static images, with the exception of data 
gathered via satellite systems.

SEC. 10. PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES IN 
                    TECHNOLOGY DEVELOPMENT.

  (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et. seq.) is amended by adding at the end the following new 
section:

``SEC. 319. PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES IN 
                    TECHNOLOGY DEVELOPMENT.

  ``Not later than 180 days after the date of enactment of this 
section, the Under Secretary for Science and Technology, the Chief 
Privacy Officer, and the Officer for Civil Rights and Civil Liberties 
shall transmit to Congress a joint plan for how privacy and civil 
rights and civil liberties issues will be considered in technology 
research and development programs at the Department, including how such 
issues will be taken into account in defining requirements for 
technology performance and use of technologies in pilot programs.''.
  (b) Table of Contents Amendment.--The table of contents of the 
Homeland Security Act of 2002 is amended by adding after the item 
relating to section 318 the following new item:

``Sec. 319. Privacy and civil rights and civil liberties issues in 
technology development.''.

SEC. 11. SCIENCE AND TECHNOLOGY STRATEGIC PLAN.

  (a) Strategic Plan.--Not later than 180 days after the date of 
enactment of this Act, the Under Secretary for Science and Technology 
shall transmit to Congress a strategic plan for the science and 
technology activities of the Department of Homeland Security. The plan 
shall include--
          (1) statement of the overall mission of the Science and 
        Technology Directorate;
          (2) a prioritized list of objectives and the specific 
        capabilities, including technologies and associated protocols, 
        expertise, and facilities, needed to meet these objectives;
          (3) a description of the processes and risk-based 
        methodologies used to prioritize these objectives;
          (4) a list of activities, including any long-term basic 
        research programs, that the Under Secretary for Science and 
        Technology will carry out to meet these objectives and develop 
        the specific capabilities described under paragraph (2);
          (5) a description of the metrics to be used for annual review 
        of the activities;
          (6) a description of all related programs and activities, 
        within the Department or at other Federal agencies, with which 
        the activities will be coordinated; and
          (7) a description of the processes used to ensure that 
        factors associated with manpower and infrastructure are 
        considered during technology development.
  (b) Regular Updating.--At the end of the fiscal year that occurs 5 
years after the date of enactment of this Act, and every 5 years 
thereafter, the Under Secretary for Science and Technology shall 
transmit to Congress an update of this strategic plan.

SEC. 12. REPORTS TO CONGRESS ON SOCIAL AND BEHAVIORAL RESEARCH FOR 
                    HOMELAND SECURITY.

  (a) Report on the Use of Social and Behavioral Research.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
Homeland Security shall transmit to Congress a report on the 
Department's use of social and behavioral research, including--
          (1) a compilation of the instances in which the Department 
        has made use of--
                  (A) social and behavioral research in Department 
                programs in preparedness and response, including risk 
                communication activities, response plans, and training 
                and guidance for decisionmakers;
                  (B) social and behavioral research, including human 
                factors research, in Department technology development 
                and acquisition programs;
                  (C) social and behavioral research in development of 
                Department programs for informing the general public on 
                how to prepare for, protect against, respond to, and 
                mitigate the effects, both physical and psychological, 
                of acts of terrorism, natural disasters, or other 
                emergencies; and
                  (D) social and behavioral research regarding 
                emergency preparedness and response, search and rescue, 
                evacuation, and sheltering-in-place procedures for 
                populations with special needs, including persons with 
                disabilities, health problems, language barriers, and 
                income barriers, the elderly, and children in relevant 
                Department programs;
          (2) specific citations or references to the social and 
        behavioral research on which the Department has relied; and
          (3) a plan for how the Department will ensure greater 
        incorporation of social and behavioral research in program and 
        communication activities in the near and long term.
  (b) Report on Gaps in Needed Social and Behavioral Research.--Not 
later than 180 days after the transmittal of the report under 
subsection (a), the Under Secretary for Science and Technology shall 
transmit to Congress a report identifying any gaps in the social and 
behavioral research needed to support the Department's mission, and 
providing a plan to address such gaps.
  (c) Consultation.--In preparing the reports under subsections (a) and 
(b), the Secretary and the Under Secretary for Science and Technology 
shall consult with other government agencies supporting social and 
behavioral research and nongovernmental experts in these fields.

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

  (a) In General.--The Under Secretary for Science and Technology shall 
enter into an arrangement with the National Research Council of the 
National Academy of Sciences to prepare a guide for researchers to 
raise awareness in the scientific community about potential homeland 
security implications of their work and how laws and regulations apply 
to such research.
  (b) Topics.--The topics covered in the guide prepared under 
subsection (a) shall include--
          (1) international conventions;
          (2) United States statutes, regulations, and guidelines, 
        including those covering biological materials;
          (3) the potential for legitimate research to be misused;
          (4) responsibilities of the scientific community to reduce 
        opportunities for misuse;
          (5) case studies and examples; and
          (6) any other topics determined by the Under Secretary for 
        Science and Technology to be appropriate.
  (c) Dissemination.--The Under Secretary for Science and Technology 
shall transmit the guide prepared by the National Research Council 
under this section to Congress within 1 year of the date of enactment 
of this Act, and shall encourage the distribution of the guide 
throughout the homeland security and life sciences research 
communities, especially to students.

SEC. 14. PROJECT 25 STANDARDS COMPLIANCE.

  The Under Secretary for Science and Technology, working with the 
Director of the National Institute of Standards and Technology and 
other appropriate Federal agencies, shall support assessment of 
compliance of first responder communications equipment with the Project 
25 standards established by the Association of Public Safety 
Communications Officials International. The results of such assessments 
shall be made publicly available, in a manner to best assist first 
responder agencies in selecting such equipment.

SEC. 15. RAIL SECURITY RESEARCH AND DEVELOPMENT.

  (a) Establishment of Research and Development Program.--The Secretary 
of Homeland Security, through the Under Secretary for Science and 
Technology, in coordination with the Assistant Secretary of Homeland 
Security (Transportation Security Administration) and the Departmental 
Privacy Officer, and in consultation with the Secretary of 
Transportation, shall carry out a research and development program for 
the purpose of improving rail and mass transit security that may 
include research and development projects to--
          (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
          (2) test new emergency response and recovery techniques and 
        technologies;
          (3) develop improved freight technologies, including--
                  (A) technologies for sealing rail cars;
                  (B) automatic inspection of rail cars;
                  (C) communication-based train controls;
                  (D) signal system integrity at switches;
                  (E) emergency response training including training in 
                a tunnel environment;
                  (F) security and redundancy for critical 
                communications, electrical power, computer, and train 
                control systems; and
                  (G) technologies for securing bridges and tunnels;
          (4) test wayside detectors that can detect tampering with 
        railroad equipment;
          (5) support enhanced security for the transportation of 
        hazardous materials by rail;
          (6) mitigate damages in the event of a cyber attack; and
          (7) address other vulnerabilities and risks identified by the 
        Secretary.
  (b) Coordination With Other Research Initiatives.--The Secretary of 
Homeland Security shall ensure that the research and development 
program authorized by this section is consistent with the National 
Strategy for Transportation Security and the Transportation Sector 
Specific Plan, and shall to the greatest extent possible leverage other 
ongoing research and development security related initiatives at the 
National Academy of Sciences; the Department of Homeland Security; the 
Department of Transportation, including University Transportation 
Centers and other institutes, centers, and simulators funded by the 
Department of Transportation; the Technical Support Working Group; 
other Federal agencies; and other Federal and private research 
laboratories and research entities with the capability to conduct both 
practical and theoretical research and technical systems analysis.
  (c) Privacy and Civil Rights and Civil Liberties Issues.--In carrying 
out research and development projects under this section, the Under 
Secretary for Science and Technology shall consult with the Chief 
Privacy Officer and the Officer for Civil Rights and Civil Liberties as 
appropriate and in accordance with the plan required by section 319 of 
the Homeland Security Act of 2002. Pursuant to sections 222 and 705 of 
the Homeland Security Act of 2002, the Chief Privacy Officer shall 
conduct privacy impact assessments and the Officer for Civil Rights and 
Civil Liberties shall conduct reviews, as appropriate, for research and 
development initiatives developed pursuant to this section.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security to carry out this 
section such sums as may be necessary for each of fiscal years 2007 
through 2009. Amounts made available pursuant to this subsection shall 
remain available until expended.

                          Purpose and Summary

    The purpose of H.R. 4941 is to reform the science and 
technology programs and activities of the Department of 
Homeland Security (Department), and for other purposes. 
Specifically, this bill would reform the Department's 
Directorate of Science and Technology to enhance the Federal 
government's ability to research, develop, test, and evaluate 
innovative and emerging homeland security technologies that 
will help our Nation's emergency response providers and others 
prevent, prepare for, respond to, recover from, and mitigate 
against acts of terrorism and other emergencies.

                  Background and Need for Legislation

    Until Congress and the Administration established the 
Department of Homeland Security's (Department) Directorate of 
Science and Technology (S&T Directorate) under the Homeland 
Security Act of 2002 (P.L. 107-296) (HSA), there had never been 
a ``dedicated'' research, development, testing, and evaluation 
system for emergency response providers. Under the HSA, the S&T 
Directorate's responsibilities include: ``establishing 
priorities for, directing, funding, and conducting national 
research, development, test and evaluation, and procurement of 
technology and systems for . . . detecting, preventing, 
protecting against, and responding to, terrorist attacks,'' and 
``establishing a system for transferring homeland security 
developments or technologies to Federal, State, local 
government and private sector entities.'' Thus, the S&T 
Directorate's primary mission is to develop and disseminate 
technologies that enable emergency response providers and 
others to protect and secure our Nation.
    Unlike most of the Department's other components, such as 
the Federal Emergency Management Agency, the Coast Guard, or 
the U.S. Secret Service, the S&T Directorate is not a legacy 
agency. Its establishment in March 2003, therefore, was a 
watershed event for our Nation. Yet, given the relative newness 
of the S&T Directorate, it has--not surprisingly--encountered 
more than the usual growing pains. Indeed, during the past 
three years, Congress has grown increasingly frustrated with 
the S&T Directorate's performance. The litany of complaints is 
long. The S&T Directorate has been criticized for: (1) a lack 
of transparent, strategic planning; (2) providing inadequate 
detail in its budget justifications; (3) systemic deficiencies 
in its financial and accounting controls; (4) poor response to 
the needs of its customers and end-users; and (5) failing to 
more rapidly develop and adopt currently existing defense 
technologies for homeland security purposes. Whether real or 
perceived, these and other problems caused many in Congress and 
elsewhere to lose confidence in the S&T Directorate's ability 
to fulfill its statutory responsibilities.
    The Committee believes that technology can be the 
difference between victory and defeat in the global war on 
terror. As the terrorism threats to our Nation evolve, so must 
our technology. Technology is a force-multiplier, supporting 
the efforts of emergency response providers to, among other 
things, detect weapons of mass destruction, communicate 
information, patrol our borders, and inspect our cargo. H.R. 
4941 is intended to enhance the S&T Directorate's effectiveness 
and ensure that our Nation maintains its scientific and 
technological advantage over determined adversaries.

                                Hearings

    On Thursday, July 21, 2005, the Subcommittee on Emergency 
Preparedness, Science, and Technology held a joint hearing with 
the Subcommittee on Terrorism, Unconventional Threats and 
Capabilities of the Committee on Armed Services entitled 
``Technology Transfer: Leveraging Military Technology to 
Enhance Homeland Security.'' The Subcommittees received 
testimony from Ms. Sue Payton, Deputy Under Secretary of 
Defense for Advanced Systems and Concepts, Department of 
Defense; Dr. Tony Tether, Director, Defense Advanced Research 
Projects Agency, Department of Defense; Dr. John Kubricky, 
Director, Office of Systems Engineering and Development, 
Science and Technology Directorate, Department of Homeland 
Security; and Mr. Peter F. Verga, Principal Deputy Assistant 
Secretary of Defense for Homeland Defense, Department of 
Defense.

                        Committee Consideration

    H.R. 4941 was introduced by Mr. Reichert, and Mr. Pascrell 
on March 14, 2006, and referred solely to the Committee on 
Homeland Security. On March 15, 2006, H.R. 4941 was referred to 
the Subcommittee on Emergency Preparedness, Science, and 
Technology.
    On March 15, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology met in open markup 
session and forwarded H.R. 4941 favorably to the Full Committee 
amended, by voice vote.
    On June 14, 2006, the Full Committee met in open markup 
session and favorably ordered H.R. 4941 reported to the House, 
amended, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto.
    On June 14, 2006, the Full Committee met in open markup 
session and favorably ordered H.R. 4941 reported to the House, 
amended, by voice vote.
    The Committee considered a Committee Print showing the text 
of H.R. 4941, as Amended by the Subcommittee on Emergency 
Preparedness, Science, and Technology on March 15, 2006.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute (#1) offered by 
Mr. King; was AGREED TO, without amendment, by voice vote.
    A unanimous consent request to consider the Amendment in 
the Nature of a Substitute as base text for purposes of 
amendment, was not objected to.
    An amendment offered by Ms. Sanchez to the Amendment in the 
Nature of a Substitute offered by Mr. King (#1A); in section 6, 
in the proposed section 316(e) of the Homeland Security Act of 
2002, strike ``such sums as may be necessary'' and insert 
``$50,000,000''.; was not agreed to by a record vote of 13 yeas 
and 15 nays (Rollcall Vote No. 37).
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    An amendment offered by Ms. Lowey to the Amendment in the 
Nature of a Substitute offered by Mr. King (#1B); at the end of 
the bill, add the following new section entitled ``Sec. 14. 
Project 25 Standards Compliance.''; was agreed to by voice 
vote.
    An amendment offered by Ms. Norton to the Amendment in the 
Nature of a Substitute offered by Mr. King (#1C); at the end of 
the bill, add a new section entitled ``Sec. 14. Rail Security 
Research and Development.''; was agreed to, as amended, by 
voice vote.
    An amendment offered by Mr. Shays to the amendment offered 
by Ms. Norton to the Amendment in the Nature of a Substitute 
offered by Mr. King (#1C1); in the authorization of 
appropriations subsection, strike paragraphs (1) through (3) 
and insert ``such sums as may be necessary for each of fiscal 
years 2007 through 2009''.; was agreed to by a record vote of 
15 yeas and 13 nays (Rollcall Vote No. 36).
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    An amendment offered by Mrs. Lowey to the Amendment in the 
Nature of a Substitute offered by Mr. King (#1C); at the end of 
the bill, add a new section entitled ``Sec. 14. Grant Funding 
Allocations.''; was withdrawn by unanimous consent.
    On May 15, 2006, the Subcommittee on Emergency 
Preparedness, Science, and Technology met in open markup 
session and favorably forwarded H.R. 4941 to the Full Committee 
for consideration, amended, by voice vote.
    The following amendments were offered:
    An amendment offered by Mrs. Lowey (#1) to H.R. 4941; at 
the end of the bill, insert a new section entitled ``National 
Strategy for Interoperable Communications.''; was withdrawn by 
unanimous consent.
    An amendment offered by Mr. Thompson (#2) to H.R. 4941; at 
the appropriate place in the bill, insert the following new 
section entitled ``Special Needs and Disabilities Research 
Center.''; was withdrawn by unanimous consent.
    An amendment offered by Ms. Norton (#3) to H.R. 4941; at 
the end of the bill, insert a new section entitled ``Rail 
Security Research and Development.''; was not agreed to, as 
amended, by a recorded vote of 5 yeas and 7 nays (Rollcall Vote 
No. 1).
    A unanimous consent request by Ms. Norton to amend her 
amendment (#3) to H.R. 4941 on Page 1, line 10, to strike 
``and'' and insert ``rail,''; Page 1, line 11 to insert after 
``rail'' ``, and rail transit''; was not objected to.
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    An amendment offered by Ms. Sanchez (#4) to H.R. 4941, in 
the proposed section 316 of the Homeland Security Act of 2002 
(6 U.S.C. 101 et seq.), as added by section 7 of the bill, add 
the following new section entitled ``Authorization of 
Appropriations.''; was AGREED TO, amended, by voice vote.
    An amendment offered by Mr. McCaul (#4A) to the amendment 
offered by Ms. Sanchez (#4) to H.R. 4941, on Page 1, line 3, 
strike ``$50,000,000'' and insert ``such sums as may be 
necessary''.; was agreed to by a recorded vote of 7 yeas and 5 
nays (Rollcall Vote No. 2).
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    An amendment offered by Ms. Sanchez (#5) to H.R. 4941; at 
the end of the bill, add the following new section entitled 
``Homeland Security Advanced Research Projects Agency 
Report.''; was withdrawn by unanimous consent.
    An amendment offered by Mr. Pascrell (#6) to H.R. 4941; at 
the end of the bill, insert a new section entitled ``Report on 
Counter Man-Portable Air Defense System.''; was WITHDRAWN by 
unanimous consent.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    H.R. 4941, the ``Homeland Security Science and Technology 
Enhancement Act of 2006,'' is intended to enhance the ability 
of the Department of Homeland Security's (Department) 
Directorate of Science and Technology (S&T Directorate) to 
develop and disseminate technologies that will help our 
Nation's emergency response providers and other ``end-users'' 
prevent, prepare for, respond to, recover from, and mitigate 
against acts of terrorism and other emergencies. Among other 
things, this bill directs the Secretary of Homeland Security, 
acting through the Under Secretary for Science and Technology, 
to: develop a strategic plan for the Department's science and 
technology activities; support the development, promulgation, 
and updating of national voluntary consensus standards for 
equipment and training for emergency response providers and 
components of the Department; establish a technology 
development and transfer program to facilitate the 
identification, modification, and commercialization of 
promising homeland security technologies and equipment; 
establish a regional technology integration program to 
facilitate the transition of innovative technologies and 
operational concepts to urban and other high risk areas; 
support research and development, including fundamental, long-
term research, in cybersecurity; and report to Congress on how 
the Department will consider privacy and civil rights and civil 
liberties issues in conducting its activities. H.R. 4941 
provides the Department with additional legislative guidance to 
support its mission of ensuring that our Nation possesses the 
technology necessary to handle catastrophic incidents, 
especially those involving chemical, biological, radiological, 
nuclear, and explosive weapons.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4941, the Homeland Security Science and Technology Enhancement 
Act of 2006, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 13, 2006.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4941, the Homeland 
Security Science and Technology Enhancement Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 4941--Homeland Security Science and Technology Enhancement Act of 
        2006

    Summary: H.R. 4941 would authorize the appropriation of 
such sums as necessary for fiscal year 2007 through 2009 for 
the Department of Homeland Security (DHS) to carry out research 
and development programs to improve rail and mass transit 
security. The bill also would authorize the appropriation of 
sums necessary for fiscal year 2007 and DHS to support research 
and development programs to improve the security of information 
systems. Finally, the legislation would require DHS to prepare 
several reports and plans relating to the use of technology to 
enhance national security. CBO estimates that implementing H.R. 
4941 would cost about $140 million over the 2007-2011 period, 
assuming appropriation of the necessary amounts. Enacting the 
bill would not affect direct spending or receipts.
    H.R. 4941 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no cost on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4941 is shown in the following table. 
The costs of this legislation fall within budget function 750 
(administration of justice).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...      58      40      40       0       0
Estimated Outlays...............      18      29      47      28      16
------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing H.R. 
4941 would cost about $140 million over the 2007-2011 period. 
For this estimate, CBO assumes that the necessary amounts will 
be appropriated near the start of each fiscal year and that 
spending will follow historical patterns for similar 
activities.
    H.R. 4941 would authorize the appropriation of such sums as 
necessary for fiscal years 2007 through 2009 for DHS to carry 
out a research and development program to improve rail and mass 
transit security. Under the bill, this program would support 
technologies to protect bridges and tunnels, secure hazardous 
materials transported by rail, inspect rail cars and stations 
more thoroughly, and test emergency response and recovery 
operations. DHS is currently conducting a $10 million pilot 
program over 18 months to improve technologies that enhance the 
security of passenger rail operations. Based on the cost and 
scope of the pilot program, CBO expects that it would cost 
about $40 million annually over the 2007-2009 period to carry 
out the bill's research and development program.
    The bill would authorize the appropriation of sums 
necessary for fiscal year 2007 for DHS to support research and 
development programs to improve the security of information 
systems. For fiscal year 2006, $16.7 million was appropriated 
for cybersecurity research and development programs in DHS. 
Based on that level of funding, CBO estimates that an 
authorization level of $17 million for 2007 would be sufficient 
to carry out this provision.
    This legislation also would require DHS to prepare several 
reports and plans relating to the use of technology to enhance 
national security. Based on the costs of similar activities, 
CBO estimates that it would cost about $1 million in fiscal 
year 2007 to carry out those provisions.
    Intergovernmental and private-sector impact: H.R. 4941 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Mark Grabowicz. Impact 
on State, local, and tribal governments: Melissa Merrell. 
Impact on the Private Sector. Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                 Compliance With House Resolution 1000

    In compliance with H. Res. 1000, adopted on September 14, 
2006, the Committee finds that H.R. 4941 does not provide 
authority, including budget authority, or recommend the 
exercise of authority, including budget authority, for a 
contract, loan, loan guarantee, grant, loan authority, or other 
expenditure with or to a non-Federal entity.

                      Advisory Committee Statement

    H.R. 4941 creates an advisory committee within the meaning 
of section 5(b) of the Federal Advisory Committee Act. 
Specifically, section 3 directs the Under Secretary for Science 
and Technology of the Department of Homeland Security 
(Department), in coordination with the Secretary of Defense, to 
establish a working group to advise and assist the Department's 
Technology Clearinghouse in identifying military technologies 
with possible homeland security applications.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Sec 1. Short title

    This section cites the measure as the ``Homeland Security 
Science and Technology Enhancement Act of 2006.''

Sec. 2. National standards for Homeland Security equipment and training

    Subsection (a) requires the Secretary of Homeland Security 
(Secretary), acting through the Under Secretary for Science and 
Technology (Under Secretary), and in consultation with other 
components of the Department of Homeland Security (Department) 
and relevant public and private sector groups, to support 
developing, promulgating, and, as necessary, updating, national 
voluntary consensus standards for the performance, use, and 
validation of homeland security equipment. The standards for 
the performance, use, and validation of equipment should focus 
on maximizing interoperability, interchangeability, durability, 
flexibility, efficiency, portability, and safety. Standards 
should cover all appropriate uses of homeland security 
equipment by Federal, State, and local government and non-
government emergency response providers, and Department 
personnel.
    Grant applicants who seek to purchase or upgrade equipment 
with Federal funds must either buy items that meet these 
standards or explain why non-standard items will be superior. 
When an operational unit of the Department proposes to upgrade 
or purchase new equipment, the head of that unit shall consult 
with the Under Secretary on whether such equipment meets or 
exceeds any applicable national voluntary consensus standards 
and whether there is need for the Department to support the 
development or updating of applicable national voluntary 
consensus standards.
    Subsection (b) also requires the Secretary, in consultation 
with the Under Secretary, other components of the Department, 
and relevant public and private sector groups, to support 
developing, promulgating, and, as necessary, updating, national 
voluntary consensus standards for training that will enable 
Federal, State, and local government and non-government 
emergency response providers and Department personnel to use 
equipment effectively and appropriately in carrying out their 
missions.
    The Secretary must coordinate with the Secretary of Health 
and Human Services and the Secretary of Transportation when 
developing any national voluntary consensus standards that 
involve or relate to equipment or training for emergency 
response providers that involve or relate to health or 
emergency medical services professionals, including emergency 
medical professionals.
    The Committee stresses the importance of developing 
national voluntary consensus standards that are dynamic, and 
that will encourage a wide variety of creative, private sector-
generated solutions to homeland security challenges. 
Appropriate national voluntary consensus standards will help 
private sector entities identify potential markets and their 
characteristics. To the extent that they do, they can serve as 
an indirect stimulus to economic growth, while ensuring that 
emergency response providers get the equipment and training 
most likely to help them prevent, prepare for, respond to, 
mitigate against, and recover from acts of terrorism, natural 
disasters, or other emergencies.
    The Committee is also aware of numerous private and not-
for-profit organizations working with State and local 
governments to implement emergency response provider equipment 
and training standards. The Secretary should consult with as 
many of these organizations as practicable in the development 
of the national voluntary consensus standards.

Sec. 3. Technology development and transfer

    Subsection (a) directs the Secretary of Homeland Security 
(Secretary) to complete the establishment of the Technology 
Clearinghouse within the Directorate of Science and Technology 
(S&T Directorate), as called for in the Homeland Security Act 
of 2002 (P.L. 107-296) (HSA), no later than 90 days after the 
date of enactment.
    Subsection (b) amends the HSA to require the Technology 
Clearinghouse to establish 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 government agencies, 
emergency response providers, and the private sector, to 
prevent, prepare for, respond to, and recover from acts of 
terrorism or other emergencies by:
          
 Conducting surveys and reviews of available 
        technologies developed by the Department of Homeland 
        Security (Department), other Federal agencies, the 
        private sector, or foreign entities, for potential use 
        for homeland security purposes;
          
 Conducting or supporting research and 
        development (R&D) activities of technologies identified 
        to be transferred for homeland security purposes;
          
 Communicating the availability, 
        specifications, conformity to standards, and 
        appropriate grants for the purchase, of such 
        technologies to governmental agencies, first 
        responders, and the private sector;
          
 Coordinating all technology transfer 
        activities of the S&T Directorate, including projects 
        and grants awarded to the private sector and academia;
          
 Identifying technology transfer priorities 
        for the S&T Directorate based on current risk 
        assessments; and
          
 Working in concert with first responders, 
        foreign governments, international organizations, 
        existing technology transfer programs, and State and 
        local training institutions.
    This subsection also directs the Secretary to establish a 
working group in coordination with the Secretary of Defense to 
advise and assist the Technology Clearinghouse in identifying 
militarytechnologies with possible homeland security 
applications. The working group may consist of representatives from the 
Department of Defense and Federal, State, and local first responders, 
non-governmental organizations, and private companies engaged in the 
R&D, testing, evaluation, or identification of military technologies. 
The Secretary should select those private sector entities that have 
demonstrated prior experience and success searching for and identifying 
technologies for other Federal agencies and that possess expertise in 
homeland or national security technologies.
    Subsection (c) requires the Department to report to 
Congress on its status in implementing the functions of the 
Technology Clearinghouse, as well as the S&T Directorate's 
progress in reviewing unsolicited technology proposals.
    Subsection (d) precludes this section from being construed 
to expand the Department's R&D activities into human health-
related R&D, which is prohibited under section 302(4) of the 
HSA.
    The Committee supports the continued growth and operation 
of the Lessons Learned Information Sharing (LLIS.gov) system 
developed by the Office for Grants and Training, in conjunction 
with the National Memorial Institute for the Prevention of 
Terrorism. LLIS.gov should continue to promote the generation 
and dissemination of peer-validated lessons learned, best 
practices, and corrective actions across the entire range of 
emergency response and homeland security disciplines for all 
State, local, and Tribal areas. The Committee believes that the 
LLIS.gov system may be one of several appropriate resources the 
Technology Clearinghouse can use to make available or 
disseminate the results of technology surveys and technology 
transfer activities, including information and best practices 
on the use and availability of such technologies to emergency 
response providers.
    The Committee notes that the Secretary, acting through the 
Under Secretary for Science and Technology (Under Secretary), 
must consult with the Department's other Under Secretaries and 
the Assistant Secretary for Grants and Training, with respect 
to this technology transfer program. The Committee encourages 
the Under Secretary to include the U.S. Fire Administration in 
its consultations. The Committee further recommends that the 
Department consider utilizing existing interagency entities, 
such as the Civil Applications Committee, when coordinating and 
entering into agreements with other Federal departments and 
agencies to facilitate effective commercialization of 
technologies.
    This section's emphasis on the need for the Department to 
expedite the transfer of homeland security technologies to 
improve preparedness for acts of terrorism, does not suggest 
that the Department should ignore technology development and 
deployment in support of its important non-homeland security 
missions. The Department should continue to prioritize, 
maintain, and, where appropriate, expand, technology 
development and transfer activities related to its other 
missions, including its trade and customs revenue functions 
under Section 412(b)(1) of the HSA.

Sec. 4. Homeland Security Science and Technology Advisory Committee

    This section amends Section 311(j) of the Homeland Security 
Act of 2002 (P.L. 107-296) (HSA) by authorizing the Homeland 
Security Science and Technology Advisory Committee (HSSTAC) for 
a period of ten (10) years.
    The HSSTAC's mission is to serve as a source of 
independent, scientific, and technical planning advice for the 
Under Secretary for Science and Technology. It meets at least 
four times a year, and includes Members with expertise in 
countermeasures to chemical, biological, radiological, nuclear 
and high explosive threats; critical infrastructure protection; 
borders and transportation security; intelligence; 
vulnerability analysis; systems engineering; and first 
response. Under the HSA, the Department of Homeland Security, 
must terminate the HSSTAC. The Committee strongly supports the 
work of the HSSTAC, and believes it is appropriate to extend 
HSSTAC for a period of up to ten (10) years from the effective 
date of the HSA.

Sec. 5. Regional Technology Integration Program

    This section directs the Under Secretary of Science and 
Technology, in consultation with the Under Secretary for 
Preparedness and appropriate State and local government 
officials, to establish a regional technology integration 
program to support the transfer and integration of innovative 
homeland security technologies and operational concepts in 
urban and other high risk areas. This program shall work to: 
(1) facilitate the transition of innovative technologies and 
operational concepts, such as detection systems, emergency 
management information systems, and atmospheric transport and 
dispersion modeling; (2) integrate new technologies with 
existing infrastructure, systems, and concepts; (3) identify 
capability and technology gaps for future research, 
development, testing, and evaluation; (4) evaluate system 
performance, life cycle, and human factor issues; and (5) 
disseminate lessons learned to other communities.
    This program will serve as the successor to the Directorate 
of Science and Technology's Regional Technology Integration 
(RTI) Initiative, a pilot program in four urban areas that 
tests maturing hardware and concepts, and provides information 
on how to best choose, deploy, and manage innovative and 
advanced technologies. Because of the RTI's success in those 
four urban areas, the Committee believes the Department of 
Homeland Security should replicate it in other high risk areas.

Sec. 6. Cybersecurity research and development

    This section directs the Under Secretary for Science and 
Technology to support research and development, including 
fundamental, long-term research, of cybersecurity, to improve 
the ability of the United States to prevent, protect against, 
detect, respond to, and recover from cyber attacks. These 
efforts should emphasize research and development relevant to 
large-scale, high-impact attacks.
    The Committee is concerned that weaknesses in cybersecurity 
research and development have contributed significantly to the 
vulnerability of our Nation's information infrastructure. While 
a number of information technology companies support research 
and development of network security, security inadequacies 
cannot be addressed solely through short-term industry-based 
applied research. Our Nation's cybersecurity research and 
development enterprise clearly needs strengthening. Not only is 
too little research being conducted in this important area, but 
the research that this being performed is too incremental to 
lead to breakthroughs. The Committee, therefore, believes that 
the Directorate of Science and Technology should assume a 
leadership role in this area.

Sec. 7. Standards for critical infrastructure information systems

    This section directs the Under Secretary for Science and 
Technology to establish a program to support the development 
and promulgation of national voluntary consensus standards for 
requirements, performance testing, and user training with 
respect to critical infrastructure information systems. Such 
standards will assist State and local areas and emergency 
response providers in acquiring and implementing such 
information systems and in storing and accessing information 
regarding critical infrastructure for use in responding to, and 
recovering from, emergencies.

Sec. 8. Scholarship and fellowship programs at the Department of 
        Homeland Security

    This section directs the Secretary of Homeland Security 
(Secretary), acting through the Under Secretary for Science and 
Technology, to encourage the development of an adequate supply 
of people trained and performing research in science, 
technology, engineering, and mathematical fields relevant to 
homeland security. The Secretary may support programs that 
utilize the Department of Homeland Security's (Department) 
research, development, testing, and evaluation infrastructure, 
including laboratories owned or operated by the Department, the 
Department of Energy's National Laboratories, and University 
Centers of Excellence. These programs may include 
undergraduate, graduate, and postdoctoral programs, including 
those at historically black colleges or universities,Hispanic-
serving institutions, and tribally controlled colleges or universities, 
and internship programs.
    The Committee is concerned about the size and quality of 
the national research community engaged in homeland security 
research. Our Nation's security depends on our ability to 
develop and produce innovative technologies. It is imperative, 
therefore, for the Department to help nurture the next 
generation of scientists as they study ways to prevent 
terrorist attacks within the U.S., reduce America's 
vulnerability to terrorism, and minimize the damage and 
recovery efforts from attacks that do occur. A robust DHS 
scholars and fellows program is an integral part of harnessing 
science in support of security.

Sec. 9. Reports on Surveillance Camera Demonstration Programs

    This section directs the Under Secretary for Science and 
Technology (Under Secretary), in consultation with the Chief 
Privacy Officer and the Officer for Civil Rights and Civil 
Liberties, to submit a report to Congress, not later than 120 
days after the date of enactment, on existing visual systems 
supported or utilized by the Department of Homeland Security 
(Department). The report, shall: (1) describe the goals of each 
system, such as terrorism prevention, emergency response, and 
law enforcement; (2) describe any potential uses of each system 
beyond its stated goals and if the system has been used in any 
of those ways; (3) describe the rules governing how visual 
information generated by each system is collected, stored, 
analyzed, and disseminated; and (4) describe the role of 
Federal, State, and local governments and private entities in 
the operation of each system and the use of the data each 
system generates. The report shall include all visual 
surveillance systems for which the Department provided funds 
for development, procurement, implementation, or for which the 
Department has access to the data gathered through the system.
    Not later than one year after transmittal of the report 
described above, the Under Secretary, in consultation with the 
Chief Privacy Officer and the Officer for Civil Rights and 
Civil Liberties, must transmit a report to Congress evaluating 
the use and effectiveness of existing visual surveillance 
systems supported or utilized by the Department. The report 
shall: (1) evaluate the systems' effectiveness meeting its 
stated goals; (2) review the systems' privacy policies and 
implications; (3) review the systems' policies and implications 
for civil rights and civil liberties; (4) describe any lessons 
learned from the systems' implementation; and (5) describe any 
remaining questions about the systems' effectiveness and 
privacy and civil liberties implications that cannot be 
addressed by this evaluation and that may require demonstration 
programs to study.

Sec. 10. Privacy and civil rights and civil liberties issues in 
        technology development

    This section directs the Under Secretary for Science and 
Technology, the Chief Privacy Officer, and the Officer for 
Civil Rights and Civil Liberties to transmit to Congress, 
within 180 days of the date of enactment, a joint plan for how 
privacy, civil rights, and civil liberties issues will be 
considered in technology research and development programs at 
the Department of Homeland Security, including how such issues 
will be taken into account in defining requirements for 
technology performance and the use of technologies in pilot 
programs.

Sec. 11. Science and technology strategic plan

    This section directs the Under Secretary for Science and 
Technology (Under Secretary) to transmit to Congress, not later 
than 180 days from the date of enactment, a strategic plan for 
the science and technology activities of the Department of 
Homeland Security. The plan shall include: (1) a prioritized 
list of objectives and the specific capabilities, including 
technologies and associated protocols, expertise, and 
facilities, needed to meet these objectives; (2) a description 
of the processes and risk-based methodologies used to 
prioritize these objectives; (3) a list of activities, 
including any long-term basic research programs, that the Under 
Secretary will carry out to meet these objectives; (4) a 
description of the metrics to be used for annual review of the 
activities; and (5) a description of all related programs and 
activities, within the Department or at other Federal 
departments or agencies, with which the activities will be 
coordinated. Thereafter, the Under Secretary shall update this 
strategic plan every five years.
    The Committee expects that the strategic plan, in providing 
a description of objectives for the science and technology 
programs of the Department, will also describe capabilities 
needed to meet these objectives. Such capabilities would 
include not only technologies (such as equipment, sensors, and 
software) but also the associated resources needed to implement 
technologies effectively, such as training programs for first 
responders, concepts of operation for responses to incidents, 
technical information reach-back resources, national voluntary 
consensus standards development, and specialized facilities for 
testing.

Sec. 12. Reports to Congress on social and behavioral research for 
        homeland security

    This section directs the Secretary of Homeland Security to 
transmit to Congress, not later than one year after the date of 
enactment, a report on the Department's use of social and 
behavioral research. This report shall include a compilation of 
the instances in which the Department of Homeland Security 
(Department) has made use of: (1) social and behavioral 
research in Departmental programs for preparedness and 
response, including risk communication activities, response 
plans, and training and guidance for decision makers; (2) 
social and behavioral research, including human factors 
research, in Department technology development and acquisition 
programs; (3) social and behavioral research in development of 
programs for informing the public of how to prepare for, 
protect against, respond to, and mitigate the effects of acts 
of terrorism, natural disasters, and other emergencies; and (4) 
social and behavioral research regarding emergency preparedness 
and response, search and rescue, evacuation, and sheltering-in-
place procedures for populations with special needs, including 
persons with disabilities, health problems, language barriers, 
and income barriers; the elderly; and children. The report 
should also include specific citations or references to the 
social and behavioral research the Department has relied on; 
and a plan for how the Department will ensure greater 
incorporation of social and behavioral research in program and 
communication activities in the near- and long-term.
    Not later than 180 days after the transmittal of the report 
described above, the Under Secretary for Science and Technology 
(Under Secretary) shall transmit to Congress a report 
identifying any gaps in the social and behavioral research 
needed to support the Department's mission, and a plan to 
address such gaps. In preparing these reports, the Secretary 
and the Under Secretary shall consult with other Federal 
departments or agencies supporting social and behavioral 
research, and non-governmental experts in these fields.
    The Committee is concerned about Departmental programs not 
incorporating the results of social and behavioral research. 
Research in these fields has a key role to play in optimizing 
public communication materials and response planning, and 
developing effective user interfaces in technical equipment. 
For example, although there is a wealth of social and 
behavioral research that could be utilized to optimize 
communication of essential information to the public, it is not 
utilized in communication materials produced by the 
Department's public affairs office. Incorporating social and 
behavioral research into Departmental activities, programs, and 
products is an important element of improving our Nation's 
readiness, and is consistent with the Directorate of Science 
and Technology's role of providing scientific support to the 
components of the Department.

Sec. 13. Guide for researchers on the homeland security implications of 
        research

    This section directs the Under Secretary for Science and 
Technology (Under Secretary) to enter into an arrangement with 
the National Research Council of the National Academy of 
Sciences to prepare a guide for researchers to raise the 
scientific community's awareness of potential homeland security 
implications of their work, and how laws and regulations apply 
to such research. The guide should include: (1) international 
conventions; (2) U.S. statutes, regulations, andguidelines, 
including those covering biological materials; (3) the potential for 
legitimate research to be misused; (4) the scientific community's 
responsibilities to reduce opportunities for misuse; (5) case studies 
and examples; and (6) any other topics the Under Secretary determines 
are appropriate.
    The Under Secretary shall transmit the guide developed 
under this section to Congress within one year of the date of 
enactment, and encourage distribution of the guide throughout 
the homeland security and life sciences research communities, 
especially to students.
    The Committee notes that the National Research Council 
publishes ``On Being a Scientist: Responsible Conduct in 
Research,'' a guide for instructing scientists on their 
responsibility to ensure the scientific integrity of their work 
and that of their colleagues. This guide, last revised in 1995, 
covers a breadth of ethical, personal, and professional issues 
that could be encountered in research environments. Over 
350,000 copies of this guide have been sold and it has been 
translated into four languages. This guide can serve either as 
a model or a vehicle (in an updated third edition) for 
addressing issues related to homeland security.
    Over the last several years, the responsible conduct of 
research has received significant attention from the scientific 
community itself and through professional associations, the 
National Academy of Sciences, and editorials. The U.S. 
Government has also weighed in, with the greatest scrutiny and 
debate focused on life sciences research. The National Research 
Council's report, ``Biotechnology Research in an Age of 
Terrorism,'' recommended creating programs to educate 
scientists about the dual use dilemma in the life sciences. 
Another recommendation included the establishment of an 
Advisory Committee. The Department of Health and Human Services 
created the National Science Advisory Board for BioSecurity 
(Advisory Board), which held its first meeting June 2005. The 
Advisory Board has identified and begun to address a number of 
issues relating to dual use research in the life sciences. The 
expeditious creation and wide dissemination of the guide 
described in this section would complement the Advisory Board's 
work in this area.

Sec. 14. Project 25 standards compliance

    This section directs the Under Secretary for Science and 
Technology, in cooperation with the Director of the National 
Institute of Standards and Technology and other relevant 
Federal departments or agencies, to support measuring the 
compliance of emergency response providers' communications 
equipment with the Project 25 Standards (Project 25) 
established by the Association of Public Safety Communications 
Officials International. The results of these assessments shall 
be made publicly available, in a manner to best assist first 
responder agencies in selecting such equipment.
    The Committee recognizes the utility of Project 25 in 
providing uniform standards for digital public safety radio 
communications equipment vital to seamless coordination and 
communication among emergency response providers. The Committee 
believes that the Directorate of Science and Technology should 
use Project 25 as an assessment tool to inform emergency 
response providers about the overall effectiveness and 
communications value of the technologies available to them. 
Publicly disseminating the Project 25 performance evaluations 
should ultimately give emergency response providers the real-
world performance data they need to make informed technology 
acquisition decisions that meet the communications and security 
needs of communities, states, and the Nation.

Sec. 15. Rail Security Research and Development

    This section directs the Secretary of Homeland Security 
(Secretary), through the Under Secretary for Science and 
Technology (Under Secretary), in coordination with the 
Assistant Secretary of Homeland Security for Transportation 
Security (Assistant Secretary) and the Department of Homeland 
Security's Privacy Officer, and in consultation with the 
Secretary of Transportation, to establish a research and 
development (R&D) program aimed at enhancing rail and mass 
transit security. Specifically, the R&D program shall include 
projects that: (1) reduce the vulnerability of passenger 
trains, stations, and equipment to explosives and hazardous 
chemical, biological, and radioactive agents; (2) test new 
emergency response and recovery techniques and technologies; 
(3) develop improved freight technologies; (4) test wayside 
detectors capable of detecting tampering with railroad 
equipment; (5) support enhanced security for rail 
transportation of hazardous materials; (6) mitigate damages in 
the event of a cyber attack; and (7) address other 
vulnerabilities and risks identified by the Secretary. This 
section authorizes such sums as may be necessary in each Fiscal 
Year 2007 through 2009 to carry out this R&D program.
    The Secretary must ensure that the R&D program is 
consistent with the National Strategy for Transportation 
Security and the Transportation Sector Specific Plan and, to 
the greatest extent possible, leverages existing security-
related research and development initiatives at the National 
Academy of Sciences, the Department of Homeland Security 
(Department), the Department of Transportation (including 
University Transportation Centers), the Technical Support 
Working Group, other Federal agencies, and other Federal and 
private research laboratories and entities with the capability 
to conduct both practical and theoretical research and 
technical systems analysis.
    In pursuing and carrying out the rail security R&D program 
authorized under this section, the Under Secretary must consult 
with the Chief Privacy Officer and the Officer for Civil Rights 
and Civil Liberties as appropriate, and in accordance with the 
plan established under Section 10. In addition, this section 
directs the Chief Privacy Officer to conduct privacy impact 
assessments and directs the Officer for Civil Rights and Civil 
Liberties to undertake reviews of the projects developed under 
this section.
    The Committee notes that the R&D program developed under 
this section will provide the Department with a specialized 
research forum to develop and apply an array of promising, 
cutting-edge rail security technologies. The Committee also 
notes that this program is especially salient and necessary 
given the terrorist plot against the New York City transit 
system thwarted by law enforcement in July. This most recent 
plot against our Nation, combined with the deadly attacks on 
commuter train systems in Mumbai, Republic of India, on July 
11, 2006, and in London, on July 7, 2005, demonstrate that rail 
infrastructure has security vulnerabilities and is an emerging 
terrorist target in the United States, and worldwide. The rail 
security R&D program is a substantive step toward responding to 
this dangerous trend through expanded research into 
technologies that will better secure our Nation's 
transportation lifelines and, in turn, better protect our 
citizens who depend on them daily.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

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

Sec. 301. Under Secretary for Science and Technology.
     * * * * * * *
Sec. 314. National standards for homeland security equipment and 
          training.
Sec. 315. Regional technology integration program.
Sec. 316. Cybersecurity research and development.
Sec. 317. Standards for critical infrastructure information systems.
Sec. 318. Scholarship and fellowship programs.
Sec. 319. Privacy and civil rights and civil liberties issues in 
          technology development.

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


SEC. 311. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

  (a) * * *

           *       *       *       *       *       *       *

  [(j) Termination.--The Department of Homeland Security 
Science and Technology Advisory Committee shall terminate 3 
years after the effective date of this Act.]
  (j) Termination.--The Department of Homeland Security Science 
and Technology Advisory Committee shall terminate 10 years 
after its establishment.

           *       *       *       *       *       *       *


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

  (a) * * *
  (b) Elements of Program.--The program described in subsection 
(a) shall include the following components:
          (1) * * *

           *       *       *       *       *       *       *

          (3) The establishment of a technical assistance team 
        to assist in screening, as appropriate, proposals 
        submitted to the Secretary (except as provided in 
        subsection [(c)(2)] (e)(2)) to assess the feasibility, 
        scientific and technical merits, and estimated cost of 
        such proposals, as appropriate.

           *       *       *       *       *       *       *

          (6) The establishment of a homeland security 
        technology 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 to prevent, prepare 
        for, or respond to acts of terrorism or other 
        emergencies.
  (c) Elements of the Technology Transfer Program.--The 
activities of the program described in subsection (b)(6) shall 
include--
          (1) identifying available technologies that have 
        been, or are in the process of being, developed, 
        tested, evaluated, or demonstrated by the Department, 
        other Federal agencies, the private sector, or foreign 
        governments and international organizations, and 
        reviewing whether such technologies may be useful in 
        assisting Federal, State, and local governmental 
        agencies, emergency response providers, or the private 
        sector to prevent, prepare for, respond to, or recover 
        from acts of terrorism or other emergencies; and
          (2) communicating to Federal, State, and local 
        governmental agencies, emergency response providers, or 
        the private sector the availability of such 
        technologies, as well as the technology's 
        specifications, satisfaction of appropriate standards, 
        and the appropriate grants available from the 
        Department to purchase such technologies.
  (d) Responsibilities of Under Secretary for Science and 
Technology.--In support of the activities described in 
subsection (c), the Under Secretary for Science and Technology 
shall--
          (1) conduct or support, based on the Department's 
        current risk assessments, research, development, 
        demonstrations, tests, and evaluations, as appropriate, 
        of technologies identified under subsection (c)(1), 
        including of--
                  (A) any necessary modifications to such 
                technologies for use by emergency response 
                providers; and
                  (B) incorporation of human factors in the 
                development and suggested use of such 
                technologies;
          (2) ensure that the technology transfer activities 
        throughout the Directorate of Science and Technology 
        are coordinated, including the technology transfer 
        aspects of projects and grants awarded to the private 
        sector and academia;
          (3) consult with the other Under Secretaries of the 
        Department, the Director of the Federal Emergency 
        Management Agency, and the Director of the Domestic 
        Nuclear Detection Office on an ongoing basis;
          (4) consult with Federal, State, and local emergency 
        response providers;
          (5) consult with government agencies and standards 
        development organizations as appropriate;
          (6) enter into agreements and coordinate with other 
        Federal agencies, foreign governments, and national and 
        international organizations as appropriate, in order to 
        maximize the effectiveness of such technologies or to 
        facilitate commercialization of such technologies;
          (7) consult with existing technology transfer 
        programs and Federal and State training centers that 
        research, develop, test, evaluate, and transfer 
        military and other technologies for use by emergency 
        response providers; and
          (8) establish a working group in coordination with 
        the Secretary of Defense to advise and assist the 
        technology clearinghouse in the identification of 
        military technologies that are in the process of being 
        developed, or are developed, by the Department of 
        Defense or the private sector, which may include--
                  (A) representatives from the Department of 
                Defense or retired military officers;
                  (B) nongovernmental organizations or private 
                companies that are engaged in the research, 
                development, testing, or evaluation of related 
                technologies or that have demonstrated prior 
                experience and success in searching for and 
                identifying technologies for Federal agencies;
                  (C) Federal, State, and local emergency 
                response providers; and
                  (D) as appropriate, other organizations, 
                other interested Federal, State, and local 
                agencies, and other interested persons.
  [(c)] (e) Miscellaneous Provisions.--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 314. NATIONAL STANDARDS FOR HOMELAND SECURITY EQUIPMENT AND 
                    TRAINING.

  (a) Equipment Standards.--
          (1) In general.--The Secretary, acting through the 
        Under Secretary for Science and Technology, and in 
        consultation with other components of the Department, 
        as appropriate, and the National Institute of Standards 
        and Technology, shall support the development, 
        promulgation, and updating as necessary of national 
        voluntary consensus standards for the performance, use, 
        and validation of equipment used by Federal, State, and 
        local government and nongovernment emergency response 
        providers, and by the components of the Department. 
        Such standards--
                  (A) shall be, to the maximum extent 
                practicable, consistent with any existing 
                voluntary consensus standards;
                  (B) shall take into account, as appropriate, 
                new types of terrorism threats and 
                responsibilities of the Department that may not 
                have been contemplated when such existing 
                standards were developed;
                  (C) shall be focused on maximizing 
                interoperability, interchangeability, 
                durability, flexibility, efficiency, efficacy, 
                portability, sustainability, and safety; and
                  (D) shall cover all appropriate uses of the 
                equipment.
          (2) Required categories.--In carrying out paragraph 
        (1), the Secretary shall specifically consider national 
        voluntary consensus standards for the performance, use, 
        and validation of the following categories of 
        equipment:
                  (A) Thermal imaging equipment.
                  (B) Radiation detection and analysis 
                equipment.
                  (C) Biological detection and analysis 
                equipment.
                  (D) Chemical detection and analysis 
                equipment.
                  (E) Decontamination and sterilization 
                equipment.
                  (F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other 
                protective clothing.
                  (G) Respiratory protection equipment.
                  (H) Interoperable communications, including 
                wireless and wireline voice, video, and data 
                networks.
                  (I) Explosive detection and analysis 
                equipment, and technologies and methods to 
                mitigate the impact of explosive devices or 
                materials.
                  (J) Containment vessels.
                  (K) Contaminant-resistant vehicles.
                  (L) Aerial platforms.
                  (M) Special rescue equipment.
                  (N) Screening and patrolling technologies.
                  (O) Such other equipment for which the 
                Secretary determines that national voluntary 
                consensus standards would be appropriate.
          (3) Certification and accreditation.--The Secretary, 
        in carrying out this subsection, and in coordination 
        with the Director of the National Institute of 
        Standards and Technology, may support the certification 
        of equipment and the accreditation of laboratories to 
        conduct testing and evaluation.
          (4) Equipment standards and acquisitions.--
                  (A) Department supported acquisitions.--If an 
                applicant for financial assistance provided by 
                the Department proposes to use such financial 
                assistance to upgrade or purchase new equipment 
                or systems that do not meet or exceed any 
                applicable national voluntary consensus 
                standards, the applicant shall include in its 
                application for financial assistance an 
                explanation of why such equipment or systems 
                will serve the needs of the applicant better 
                than equipment or systems that meet or exceed 
                such standards.
                  (B) Department acquisitions.--When an 
                operational unit of the Department proposes to 
                upgrade or purchase new equipment or systems, 
                the head of that unit shall consult with the 
                Under Secretary for Science and Technology on 
                whether such equipment or systems meet or 
                exceed any applicable national voluntary 
                consensus standards and whether there is need 
                for the Department to support the development 
                or updating of applicable national voluntary 
                consensus standards.
  (b) Training Standards.--
          (1) In general.--The Secretary, acting through the 
        Under Secretary for Science and Technology, and in 
        consultation with other components of the Department, 
        as appropriate, shall support the development, 
        promulgation, and regular updating as necessary of 
        national voluntary consensus standards for training for 
        Federal, State, and local government and nongovernment 
        emergency response providers and Department personnel, 
        including training that will enable them to use 
        equipment effectively and appropriately in carrying out 
        their responsibilities. Such standards shall give 
        priority to providing training to--
                  (A) enable Federal, State, and local 
                government and nongovernment emergency response 
                providers and Department personnel to prevent, 
                prepare for, respond to, mitigate against, and 
                recover from terrorist threats, including 
                threats from chemical, biological, 
                radiological, and nuclear weapons and explosive 
                devices capable of inflicting significant human 
                casualties, and other emergencies; and
                  (B) familiarize Federal, State, and local 
                government and nongovernment emergency response 
                providers and Department personnel with the 
                proper use of equipment, including software, 
                developed pursuant to the standards developed 
                under subsection (a).
          (2) Required categories.--In carrying out paragraph 
        (1), the Secretary specifically shall include the 
        following categories of activities:
                  (A) Regional planning.
                  (B) Joint exercises.
                  (C) Intelligence collection, analysis, and 
                sharing.
                  (D) Decisionmaking protocols for incident 
                response and alarms.
                  (E) Emergency notification of affected 
                populations.
                  (F) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass 
                destruction.
                  (G) Screening and patrolling procedures.
                  (H) Such other activities for which the 
                Secretary determines that national voluntary 
                consensus training standards would be 
                appropriate.
          (3) Consistency.--In carrying out this subsection, 
        the Secretary shall ensure that--
                  (A) training standards for Federal, State, 
                and local government and nongovernment 
                emergency response providers are consistent 
                with the principles of emergency preparedness 
                for all hazards; and
                  (B) training standards for Department 
                personnel are consistent with the 
                counterterrorism and traditional 
                responsibilities of the Department.
  (c) Consultation With Standards Organizations.--In supporting 
the development, promulgation, and updating of national 
voluntary consensus standards for equipment for and training 
under this section, the Secretary shall consult with relevant 
public and private sector groups, including--
          (1) the National Institute of Standards and 
        Technology;
          (2) the National Fire Protection Association;
          (3) the National Association of County and City 
        Health Officials;
          (4) the Association of State and Territorial Health 
        Officials;
          (5) the American National Standards Institute;
          (6) the National Institute of Justice;
          (7) the Inter-Agency Board for Equipment 
        Standardization and Interoperability;
          (8) the National Public Health Performance Standards 
        Program;
          (9) the National Institute for Occupational Safety 
        and Health;
          (10) ASTM International;
          (11) the International Safety Equipment Association;
          (12) the Emergency Management Accreditation Program; 
        and
          (13) to the extent the Secretary considers 
        appropriate, other national voluntary consensus 
        standards development organizations, other interested 
        Federal, State, and local agencies, and other 
        interested persons.
  (d) Coordination With Secretaries of HHS and 
Transportation.--In supporting the development, promulgation, 
and updating of any national voluntary consensus standards 
under this section for equipment for or training of emergency 
response providers that involve or relate to health or 
emergency medical services professionals, including emergency 
medical professionals, the Secretary shall coordinate 
activities under this section with the Secretary of Health and 
Human Services and the Secretary of Transportation.
  (e) Consistency With the National Technology Transfer and 
Advancement Act.--In carrying out this section, the Secretary 
shall comply with section 12(d) of the National Technology 
Transfer and Advancement Act (15 U.S.C. 272 note).

SEC. 315. REGIONAL TECHNOLOGY INTEGRATION PROGRAM.

  (a) In General.--The Under Secretary for Science and 
Technology, in coordination with the Under Secretary for 
Preparedness, shall provide technical guidance, training, and 
other assistance, as appropriate, to support the transfer and 
integration of homeland security technologies and protocols in 
urban and other high risk jurisdictions determined by the 
Secretary to be at consistently high levels of risk from 
terrorist attack.
  (b) Activities.--The program supported under subsection (a) 
shall work to--
          (1) facilitate the transition of innovative 
        technologies and operational concepts, including those 
        described in subsection (c);
          (2) integrate new technologies with existing 
        infrastructure, systems, and concepts;
          (3) identify capability and technology gaps for 
        future research, development, test, and evaluation;
          (4) evaluate system performance, life cycle, and 
        human factor issues; and
          (5) disseminate lessons learned to other communities.
  (c) Innovative Technologies and Operational Concepts.--The 
innovative technologies and operational concepts referred to in 
subsection (b)(1) include--
          (1) detection systems for weapons of mass 
        destruction;
          (2) emergency management information systems;
          (3) situational awareness;
          (4) information sharing;
          (5) atmospheric transport and dispersion modeling;
          (6) public alerts and warnings;
          (7) aerial platforms; and
          (8) emergency medical support.
  (d) Coordination.--In setting priorities for and carrying out 
the activities under this section, the Under Secretary for 
Science and Technology shall consult and coordinate with 
appropriate governors, mayors, other State and local government 
officials, and first responders.

SEC. 316. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  (a) In General.--The Under Secretary for Science and 
Technology shall support research and development, including 
fundamental, long-term research, in cybersecurity to improve 
the ability of the United States to prevent, protect against, 
detect, respond to, and recover from cyber attacks, with 
emphasis on research and development relevant to large-scale, 
high-impact attacks.
  (b) Activities.--The research and development supported under 
subsection (a) shall include work to--
          (1) advance the development and accelerate the 
        deployment of more secure versions of critical 
        information systems, including--
                  (A) fundamental Internet protocols and 
                architectures, including for the domain name 
                system and routing protocols; and
                  (B) control systems used in critical 
                infrastructure sectors;
          (2) improve and create technologies for detecting 
        attacks or intrusions, including monitoring 
        technologies;
          (3) improve and create mitigation and recovery 
        methodologies, including techniques for containment of 
        attacks and development of resilient networks and 
        systems that degrade gracefully; and
          (4) develop and support infrastructure and tools to 
        support cybersecurity research and development efforts, 
        including modeling, testbeds, and data sets for 
        assessment of new cybersecurity technologies.
  (c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate 
activities with--
          (1) the Assistant Secretary for Cybersecurity and 
        Telecommunications; and
          (2) other Federal agencies, including the National 
        Science Foundation, the Defense Advanced Research 
        Projects Agency, the Information Assurance Directorate 
        of the National Security Agency, and the National 
        Institute of Standards and Technology, to identify 
        unmet needs and cooperatively support activities, as 
        appropriate.
  (d) Nature of Research.--Activities under this section shall 
be carried out in accordance with section 306(a) of this Act.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section such sums as may be 
necessary for fiscal year 2007.

SEC. 317. STANDARDS FOR CRITICAL INFRASTRUCTURE INFORMATION SYSTEMS.

  (a) Standards Program.--The Under Secretary for Science and 
Technology shall establish a program to support the development 
and promulgation of national voluntary consensus standards for 
requirements, performance testing, and user training with 
respect to critical infrastructure information systems.
  (b) Purpose.--The standards developed under subsection (a) 
shall be designed to assist State and local jurisdictions, 
including those in urban and other areas at consistently high 
levels of risk from terrorist attack, and emergency response 
providers to acquire and implement critical infrastructure 
information systems and to store and access information 
regarding critical infrastructure to be used in responding to 
acts of terrorism or other emergencies.
  (c) Requirements.--The standards developed under subsection 
(a) shall be designed to facilitate--
          (1) the interoperability of systems to enable sharing 
        of information in a variety of formats and across 
        stakeholders at the Federal, State, and local levels;
          (2) the ease of deployment of the systems to the 
        field;
          (3) the ability to retrieve situational awareness 
        information in real-time;
          (4) the integrity, security, and accessibility of 
        stored information;
          (5) the application of human factors science in the 
        development of the system;
          (6) the availability and content of training programs 
        for potential users; and
          (7) meeting any other requirements determined by the 
        Under Secretary to be appropriate.
  (d) Reports.--The Under Secretary for Science and Technology 
shall submit to Congress--
          (1) 6 months after the date of enactment of this 
        section, a report describing the plan for carrying out 
        the program under this section, which shall include a 
        schedule for the development of national voluntary 
        consensus standards for critical infrastructure 
        information systems; and
          (2) 12 months after the date of enactment of this 
        section, a report which shall include a description 
        of--
                  (A) the steps taken under this program and 
                the funding dedicated to this program; and
                  (B) the steps that have been or will be taken 
                to promote the adoption of the standards by 
                appropriate standard-setting organizations.
  (e) Definitions.--In this section--
          (1) the term ``critical infrastructure information 
        systems'' means software programs that store, manage, 
        and display information about critical infrastructure 
        to support situational awareness and real-time 
        decisionmaking of law enforcement, fire services, 
        emergency medical services, emergency management 
        agencies, other emergency response providers, and 
        critical infrastructure facility stakeholders. Critical 
        infrastructure information may include maps and other 
        geospatial information, emergency plans, interior and 
        exterior imagery, entry and exit points, and any other 
        information about infrastructure or facilities that may 
        be beneficial to users of critical infrastructure 
        information systems; and
          (2) the term ``critical infrastructure'' has the 
        meaning given that term in section 1016(e) of the 
        Uniting and Strengthening America by Providing 
        Appropriate Tools Required to Intercept and Obstruct 
        Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 
        5195c(e)).

SEC. 318. SCHOLARSHIP AND FELLOWSHIP PROGRAMS.

  (a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall encourage the 
development of an adequate supply of people trained in and 
performing research in science, technology, engineering, and 
mathematical fields relevant to homeland security.
  (b) Responsibilities.--In carrying out this section, the 
Secretary may support--
          (1) programs at the undergraduate, graduate, and 
        postdoctoral levels, including at Historically Black 
        Colleges and Universities that are Part B institutions 
        as defined in section 322(2) of the Higher Education 
        Act of 1965 (20 U.S.C. 1061(2)) and minority 
        institutions (as defined in section 365(3) of that Act 
        (20 U.S.C. 1067k(3))); and
          (2) internship programs that take advantage of the 
        homeland security research infrastructure available to 
        the Department, including laboratories owned or 
        operated by the Department, the Department of Energy 
        National Laboratories, and University Centers of 
        Excellence.

SEC. 319. PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES IN 
                    TECHNOLOGY DEVELOPMENT.

  Not later than 180 days after the date of enactment of this 
section, the Under Secretary for Science and Technology, the 
Chief Privacy Officer, and the Officer for Civil Rights and 
Civil Liberties shall transmit to Congress a joint plan for how 
privacy and civil rights and civil liberties issues will be 
considered in technology research and development programs at 
the Department, including how such issues will be taken into 
account in defining requirements for technology performance and 
use of technologies in pilot programs.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    We welcome the unanimous passage of H.R. 4941, the 
``Homeland Security Science and Technology Enhancement Act of 
2006,'' by the Committee on Homeland Security. The Department 
of Homeland Security's Science and Technology Directorate has 
experienced a rocky three years since it was created. The 
Directorate has lacked clear priorities and a long-term 
research and development strategy, despite the many talented 
hard-working career employees on staff. This legislation 
represents an important step in refocusing the Directorate and 
setting it on a path to success.
    We are especially pleased with the provisions in this bill 
that will strengthen standards for first responder equipment 
and help with the transfer of technology from other sectors, 
such as the military, for use by firefighters, police, and 
paramedics.
    Additionally, we are pleased that the Majority accepted the 
amendment offered by Rep. Nita Lowey (D-NY) to direct the 
Department's Under Secretary for Science and Technology to 
continue to work with the National Institute of Standards and 
Technology and other appropriate Federal agencies to assess the 
compliance of first responder communications equipment with the 
Project 25 standards established by the Association of Public 
Safety Communications Officials International (APCO). Project 
25 is a set of standards for interoperable wireless 
communications systems. Any Project 25 radio should be able to 
work with any other Project 25 system. The Department should 
continue to work with the National Institute of Standards and 
Technology (NIST) to certify manufacturers' claims that 
communication equipment meets Project 25 standards so that when 
a public safety agency buys communication equipment, it is 
assured the standards are met and that the equipment will in 
fact be interoperable.
    Ranking Member Thompson, Rep. Zoe Lofgren (D-CA), Rep. 
James Langevin (D-RI), and Rep. Sheila Jackson-Lee (D-TX) are 
pleased that the legislation includes their proposals to assist 
minority and disadvantaged populations to prepare for terrorist 
attacks and natural disasters. These provisions do the 
following:
    
 Require the Department to ensure minority-serving 
colleges and universities are represented in its scholarship 
and fellowship programs that promote education and research in 
science, technology, engineering, and mathematical fields 
relevant to homeland security. These institutions have a 
majority-minority population of students who can bring unique 
skills and backgrounds to the effort to secure the homeland.
    
 Require the Department to report to Congress on 
its use of social and behavioral research in its programs 
regarding emergency preparedness and response, search and 
rescue, evacuation, and sheltering in-place procedures for 
populations with special needs, including persons with 
disabilities, health problems, language barriers, and income 
barriers, the elderly, and children. Hurricane Katrina 
demonstrated that the Department has difficulties communicating 
with special needs populations during emergencies. This 
provision will encourage the Department to better utilize 
social and behavioral research when reaching out to these 
communities.
    We are also pleased that this bill lays out a detailed 
cyber security research and development agenda for the 
Department. Unfortunately, the bill only authorizes ``such sums 
as may be necessary'' for these activities in fiscal year 2007. 
We are disappointed the Committee rejected on a party-line vote 
Rep. Loretta Sanchez's (D-CA) amendment to provide $50 million 
for these activities in fiscal year 2007. We are concerned that 
a failure to authorize a specific amount for these activities 
will ensure the Department continues to fail to properly 
prioritize cyber security research and development. Moreover, 
we believe there are strong policy reasons to support the 
approximately $27 million increase in cyber security research 
and development that Ms. Sanchez's amendment would provide. 
This increase in funding could be used to improve cyber 
security research and development in three specific areas: (1) 
Cyber Situational Awareness and Cyber Security Operations 
Simulation and Modeling; (2) Emerging cyber security issues, 
including Identity Management, Voice Over IP security research, 
TCP/IP security, and Process Control Systems security; and (3) 
existing efforts, such as the national test bed for cyber 
security projects, the security of the Internet Domain Name 
System, and wireless security experiments. Without more 
research and development in these areas, our economy and entire 
nation will remain at risk from hackers, including terrorists. 
We note that Ms. Sanchez's amendment had strong support from 
much of the computer, Internet, and technology industries, as 
represented by the letters of support received from Internet 
Security Systems, the Cyber Security Alliance, and SRI 
International.
    We note that during the debate on Rep. Sanchez's amendment, 
Rep. Curt Weldon (R-PA) expressed concerns about the amendment 
because he felt that the Department of Defense was already 
expending large sums of funding on cyber security research and 
development. According to industry sources, however, the 
Department of Defense's cyber research is not aimed at homeland 
security issues, such as securing the Internet, protecting 
domestic critical infrastructure, strengthening first responder 
systems, or combating fraud. Instead, its research is focused 
on developing new communications technologies to support 
forward deployed forces and protect defense information 
systems. Indeed, the Department of Defense's research is 
actually focused on developing well-separated networks to 
reduce the military's dependence on the Internet. Additionally, 
the Department of Defense is not investing in high-risk 
research and development to create commercially viable defenses 
against the multi-billion dollar transnational threat of 
organized crime behind the waves of phishing, crime-ware, and 
identity theft already impacting millions of Americans. 
Department of Homeland Security research, on the other hand, 
focuses on the Internet and threats to other critical 
infrastructure that are key parts of our national economy or 
threaten large numbers of people's lives. We hope that Members 
understand the fundamental differences between the two 
agencies.
    We are also disappointed that the Committee accepted on a 
party-line vote a second degree amendment by Rep. Christopher 
Shays (R-CT) to strike $150 million in funding for rail and 
mass transit security research and development over three years 
provided in an amendment offered by Rep. Eleanor Holmes Norton 
(D-DC).
    The threat terrorists pose to rail and mass transit in the 
United States is genuine, as demonstrated by the thousands 
killed or injured in attacks in London, Madrid, Moscow, Tokyo 
and elsewhere in the last decade. Indeed, terrorists have 
already carried out attacks on rail systems in the United 
States. In 1995, domestic terrorists calling themselves ``Sons 
of Gestapo'' pulled 29 spikes from a stretch of railroad track 
in the Arizona desert, sending an Amtrak train off a bridge, 
resulting in the death of one person and the injury of 78 
people.
    We recognize that the open and rapid nature of rail and 
mass transit makes it more difficult to secure than other modes 
of transportation, such as aviation, but we believe that 
improved technology can help to close this security gap. 
Unfortunately, the Department of Homeland Security has 
conducted little substantial research and development in this 
area. If accepted in its entirety, Rep. Norton's amendment 
would have focused $150 million over three years on reducing 
the vulnerability of passenger trains, stations, and equipment; 
transportation of hazardous material by rail; bridges and 
tunnels; and other key areas of rail security research. As a 
result of the passage of Rep. Shay's second degree amendment, 
there will be no guaranteed funding for these activities.

                               Conclusion

    While we support the underlying provisions in H.R. 4941, 
and appreciate the bipartisan way in which this bill was 
developed, we regret that the Majority was unwilling to make 
commitments to provide a specific amount of funding for cyber 
security and rail and mass transit research and development. 
Without providing a specific amount of funding for these 
activities, we do not believe that the Department will focus 
enough on these efforts. As a result, our nation's economy will 
remain at risk especially its Internet, technology, and 
computer industry--and thousands of passengers will not be 
adequately protected from attacks on the rail or mass transit 
systems they use every day.

                                   Bennie G. Thompson.
                                   Zoe Lofgren.
                                   Bob Etheridge.
                                   Kendrick B. Meek.
                                   Loretta Sanchez.
                                   Bill Pascrell, Jr.
                                   James R. Langevin.
                                   Ed Markey.
                                   Jane Harman.
                                   Nita M. Lowey.
                                   Donna M. Christensen.
                                   Norman Dicks.
                                   Peter De Fazio.
                                   Sheila Jackson-Lee.
                                   Eleanor Holmes Norton.