[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2037 Introduced in Senate (IS)]


107th CONGRESS
  2d Session
                                S. 2037

 To mobilize technology and science experts to respond quickly to the 
threats posed by terrorist attacks and other emergencies, by providing 
   for the establishment of a national emergency technology guard, a 
  technology reliability advisory board, and a center for evaluating 
  antiterrorism and disaster response technology within the National 
                 Institute of Standards and Technology.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2002

 Mr. Wyden (for himself and Mr. Allen) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To mobilize technology and science experts to respond quickly to the 
threats posed by terrorist attacks and other emergencies, by providing 
   for the establishment of a national emergency technology guard, a 
  technology reliability advisory board, and a center for evaluating 
  antiterrorism and disaster response technology within the National 
                 Institute of Standards and Technology.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Science and Technology Emergency 
Mobilization Act''.

SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The National Guard has played an essential role in 
        enabling America to respond efficiently and effectively to 
        emergencies of all kinds. By providing an organized corps of 
        highly capable personnel available for prompt mobilization, the 
        National Guard significantly enhances the safety and security 
        of all Americans.
            (2) Urban Search and Rescue Teams under the Federal 
        Emergency Management Agency and Medical Response Teams under 
        the Department of Health and Human Services further enhance the 
        nation's ability to respond to emergencies, by making crucial 
        specialized expertise available on a prompt basis.
            (3) The National Coordinating Center for 
        Telecommunications, housed at the National Communications 
        System, enhances the Nation's ability to mitigate, respond to, 
        and recover from disruptions by coordinating with the 
        telecommunications industry.
            (4) In the aftermath of the terrorist attacks of September 
        11, 2001, many private-sector technology and science experts 
        provided valuable assistance to rescue and recovery efforts by 
        donating their time and expertise. However, many who wished to 
        help had significant difficulty determining how they could be 
        most useful. They were hampered by the lack of any 
        organizational structure to harness their abilities and 
        coordinate their efforts.
            (5) A prompt and well-coordinated deployment of technology 
        and science expertise could help save lives, aid rescue 
        efforts, and rebuild critical technology infrastructures in the 
        event of a future major terrorist attack, natural disaster, or 
        other emergency. Technology and science expertise also could 
        help minimize the vulnerability of critical infrastructure to 
        future attacks or natural disasters.
            (6) Police, fire personnel, and other local emergency 
        responders frequently could benefit from timely technological 
        assistance, but there is not currently an organized system for 
        locating the desired help.
            (7) Efforts to develop and deploy innovative new 
        technologies for use by government emergency prevention and 
        response agencies can be hampered by the lack of a clear 
        contact point within the federal government for intake and 
        evaluation of technology ideas.
            (8) Emergency response efforts are frequently hampered by 
        the inability of police, fire, and other emergency response 
        personnel to communicate effectively with each other and with 
        their counterparts from nearby jurisdictions, due to 
        incompatible communications systems. Some programs, such as the 
        Capital Wireless Integrated Network (CapWIN), have made 
        significant progress in addressing the issue of interoperable 
        communications between emergency service providers in 
        particular urban areas and the Federal government has sought to 
        address the issue through Project SAFECOM and the Public Safety 
        Wireless Networks program. Relatively few States and 
        localities, however, have achieved a sufficient level of 
        communications interoperability.
    (b) Purpose.--The purpose of this Act is to mobilize America's 
extensive capability in technology and science in responding to the 
threats posed by terrorist attacks, natural disasters, and other major 
emergencies, by creating--
            (1) teams of volunteers with technology and science 
        expertise, organized in advance and available to be mobilized 
        on short notice, similar to Urban Search and Rescue Teams and 
        Medical Response Teams;
            (2) a ``virtual technology reserve'' consisting of a 
        database of private-sector equipment and expertise that 
        emergency officials may call upon in an emergency; and
            (3) a national clearinghouse and test bed for innovative 
        civilian technologies relating to emergency prevention and 
        response.

SEC. 3. ESTABLISHMENT OF NATIONAL EMERGENCY TECHNOLOGY GUARD.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the President shall establish an office within 
the Executive Branch for the purpose of mobilizing technology and 
science experts to form a national emergency technology guard. The 
office shall be headed by a Director, who shall be appointed by the 
President by and with the advice and consent of the Senate.
    (b) National Emergency Technology Guard Teams.--
            (1) Certification procedures.--The Director shall develop a 
        procedure by which a group of individuals (including 
        individuals from a single company or academic institution or 
        from multiple such entities) with technological expertise may 
        form a  team and apply for certification as a national 
emergency technology guard team. Each such team shall be comprised of 
individuals with appropriate technological or scientific expertise and 
be available for deployment on short notice to provide technology-based 
assistance to Federal, State, and local emergency response agencies, 
and nongovernmental emergency aid, assistance, and relief 
organizations.
            (2) Team formation.--The Director may develop and implement 
        a system for facilitating the formation of such teams by 
        helping individuals that wish to participate in such teams to 
        locate and contact one another.
            (3) Criteria for certification.--The Director shall 
        establish criteria for the certification of such teams, 
        including--
                    (A) the types of expertise, capabilities, and 
                equipment required; and
                    (B) minimum training and practice requirements, 
                including participation in not less than 2 emergency 
                drills each year.
            (4) Certification and credentials.--The Director shall--
                    (A) certify any group of individuals requesting 
                certification as a national emergency technology guard 
                team that, in the opinion of the Director, complies 
                with the procedures established under paragraph (1) and 
                meets the criteria established under paragraph (2);
                    (B) issue such credentials and forms of 
                identification as the Director determines to be 
                appropriate identifying each such team and its members; 
                and
                    (C) suspend or withdraw certification, and recover 
                credentials from, any certified national emergency 
                technology guard team that fails to meet the criteria 
                after its initial certification, or, after notice and 
                an opportunity for a hearing, for other good cause 
                shown.
            (5) Compensation; per diem, travel, and transportation 
        expenses.--While actually engaged in performing duties, 
        including travel time, assigned by the Director, members of a 
        national emergency technology guard team not otherwise employed 
        by the Federal government may be--
                    (A) compensated for temporary or intermittent 
                services as experts or consultants under section 3109 
                of title 5, United States Code; and
                    (B) allowed travel or transportation expenses, 
                including per diem in lieu of subsistence, as provided 
                by section 5703 of that title.
    (c) Duties of the Director.--In addition to administering the 
office and certifying national emergency technology guard teams 
pursuant to subsection (b), the Director shall--
            (1) activate national emergency technology guard teams in 
        an emergency (as defined in section 102(1) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122(1)) or a major disaster (as defined in section 
        102(2) of that Act);
            (2) provide, in consultation with the Federal Emergency 
        Management Agency, for access by team members to emergency 
        sites;
            (3) develop and maintain a virtual technology reserve 
        consisting of a database of technology or scientific expertise 
        and equipment that nongovernmental entities have volunteered to 
        make available in an emergency to national emergency technology 
        guard teams, Federal, State, and local emergency response 
        agencies, or nongovernmental emergency aid, assistance, and 
        relief organizations, and develop such procedures as may be 
        necessary to ensure the validity, reliability, and security of 
        the information in the database;
            (4) develop procedures that enable Federal, State, and 
        local emergency response agencies and nongovernmental emergency 
        aid, assistance, and relief organizations to access the 
        database quickly in an emergency in order to identify potential 
        sources of technology assistance;
            (5) assign, on a voluntary basis, national emergency 
        technology guard teams or individual members of such teams to 
        work, on a temporary basis and subject to subsection (b)(4), 
        on--
                    (A) the development and maintenance of the database 
                described in paragraph (2) and the procedures for 
                access to the database; and
                    (B) such other technology related projects to 
                improve emergency preparedness and prevention as the 
                Director determines to be appropriate, including (at 
                the discretion of the Director)--
                            (i) development and maintenance of 
                        databases or other technologies that could be 
                        deployed quickly at the site of an emergency 
                        and used--
                                    (I) to match offers of assistance 
                                with needs at the site;
                                    (II) to identify individuals 
                                missing, injured, or killed as a result 
                                of the emergency, track their location, 
                                and facilitate the use of missing 
                                persons reports in the identification 
                                process;
                                    (III) to handle credentialing for 
                                controlling access to the emergency 
                                site; and
                            (ii) consultation with State and local 
                        emergency response agencies on ways to enhance 
                        the robustness, interoperability, and security 
                        of their emergency communications systems; and
                            (iii) provision of other nonemergency 
                        technology advice and assistance requested by 
                        State and local emergency response agencies;
            (6) coordinate the activities of the office with Federal, 
        State, and local government agencies (including the National 
        Communications System), and nongovernmental emergency aid, 
        assistance, and relief organizations; and
            (7) ensure that the activities of the office build upon, 
        rather than duplicate, the work done by the National 
        Communications System and the reports and recommendations of 
        the National Security Telecommunications Advisory Committee.

SEC. 4. TECHNOLOGY RELIABILITY ADVISORY BOARD.

    (a) In General.--The Director shall appoint a Technology 
Reliability Advisory Board and designate a chair and vice-chair of the 
Board.
    (b) Membership.--The Board shall be comprised of 9 members, 
selected on the basis of the relevance of their training, experience, 
and expertise and without regard to political affiliation for a term of 
3 years, except that of the members initially appointed, one-third 
shall be appointed for a term of 1 year, one-third shall be appointed 
for a term of 2 years, and one-third shall be appointed for a term of 3 
years. If any member appointed to the Board does not serve the full 
term to which that member was appointed, the Director shall appoint a 
successor to serve the balance of that term. The Board shall elect a 
chair and a vice chair from among its members. The vice chair shall 
function as the chair whenever there is a vacancy in the chair or when 
requested by the chair.
    (c) Function.--The Board shall--
            (1) meet at such times and places as the Director may 
        require, or, with the consent of the Director, at the call of 
        its chair;
            (2) provide guidance to government, industry, and the 
        public on technical aspects of how to make technology 
        infrastructure less vulnerable to disruption;
            (3) make recommendations with respect to what constitute 
        good practices with respect to redundancy, backups, disaster 
        planning, emergency preparedness and recovery of technological 
        and communications systems;
            (4) coordinate its efforts, as appropriate, with the Office 
        of Homeland Security, the President's Critical Infrastructure 
        Protection Board, and the National Communications System; and
            (5) provide advice and counsel to the Director.

SEC. 5. CENTER FOR CIVILIAN HOMELAND SECURITY TECHNOLOGY EVALUATION.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall establish within the Institute a Center 
for Civilian Homeland Security Technology Evaluation.
    (b) Function.--The Center shall--
            (1) serve as a national clearinghouse for innovative 
        technologies relating to security and emergency preparedness 
        and response;
            (2) upon request consult with and advise Federal agencies 
        about the development, modification, acquisition, and 
        deployment of technology relating to security and emergency 
        preparedness and response;
            (3) investigate promising new technologies relating to 
        security and emergency preparedness and response; and
            (4) operate, in cooperation with other Federal agencies, 
        the National laboratories, and the National Academies of 
        Sciences, a technology test bed for evaluating new technology 
        when requested by a Federal agency to determine whether it 
        meets Federal, State, or local government or nongovernmental 
        needs for homeland security and emergency preparedness and 
        response purposes.
    (c) Procurement Not Conditioned on Submission.--Nothing in this 
section requires a technology to be submitted to, or evaluated by, the 
Center in order to be eligible for procurement by Federal agencies.

SEC. 6. REPORTS.

    (a) Wireless Communications Capabilities for First Responders.--
Within 1 year after the date of enactment of this Act, the National 
Communications System shall, in consultation with the National Security 
and Emergency Preparedness Communications Committee, the Federal 
Communications Commission, the National Telecommunications and 
Information Administration, and other Federal agencies as appropriate, 
submit a report to the Congress setting forth policy options and 
recommendations for ensuring that emergency officials and first 
responders have access to effective and reliable wireless 
communications capabilities. The report shall include an examination of 
the possibility of--
            (1) developing a system of priority access to existing 
        commercial wireless systems;
            (2) designating national emergency spectrum to be held in 
        reserve for public safety and emergency purposes; and
            (3) creating a specialized public safety communications 
        network or networks for use with wireless devices customized 
        for public safety use.
    (b) In-Kind Donations.--Within 1 year after the date of enactment 
of this Act, the Federal Emergency Management Agency, in consultation 
with other appropriate Federal agencies, shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Science of the House of Representatives  a report on the 
barriers to acceptance by Federal agencies of in-kind donations of 
technology and services during emergency situations. The report shall 
include recommendations for any legislative changes or conditions 
needed to make the use of such donations possible.

SEC. 7. COMMUNICATIONS INTEROPERABILITY PILOT PROJECTS.

    (a) In General.--The Administrator of the United States Fire 
Administration shall establish and conduct a pilot program for planning 
or implementation of interoperable communications systems for 
appropriate emergency response agencies.
    (b) Grants.--The Administrator shall, in consultation with the 
manager of the Public Safety Wireless Networks program, make grants 
under the program of $5,000,000 each to 7 different States for pilot 
projects under the program.
    (c) Criteria; Administrative Provisions.--The Administrator shall 
prescribe such criteria for eligibility for projects and for grantees, 
including applications, fund use assurance and accounting, and 
reporting requirements as the Administrator deems appropriate. In 
prescribing such criteria, the Administrator shall consult with the 
administrators of existing projects designed to facilitate public 
safety communications interoperability concerning the best practices 
and lessons learned from such projects.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Emergency Technology Guard.--There are authorized to 
be appropriated to the head of the department or agency in which the 
office established under section 3(a) is created $5,000,000 for each of 
fiscal years 2003 and 2004 to carry out sections 3 and 4.
    (b) National Institute of Standards and Technology.--There are 
authorized to be appropriated to the National Institute of Standards 
and Technology to carry out section 5--
            (1) $15,000,000 for fiscal year 2003; and
            (2) $20,000,000 for fiscal year 2004.
    (c) Fire Administration.--There are authorized to be appropriated 
to the United States Fire Administration $35,000,000 for fiscal year 
2003 to carry out section 7 of this Act, such seems to remain available 
until expended.
    (d) National Communications System.--There are authorized to be 
appropriated to the National Communications System $500,000 for fiscal 
year 2003 to carry out section 6 of this Act.

SEC. 9. EMERGENCY RESPONSE AGENCIES.

    In this Act, the term ``emergency response agency'' includes 
agencies providing any of the following services:
            (1) Law Enforcement services.
            (2) Fire services.
            (3) Emergency Medical services.
            (4) Public Safety Communications.
            (5) Emergency Preparedness.
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