[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2037 Referred in House (RFH)]

  2d Session
                                S. 2037


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 4, 2002

Referred to the Committee on Science, and in addition to the Committees 
 on Transportation and Infrastructure, and Energy and Commerce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 AN ACT


 
 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) 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.
            (2) A prompt and well-coordinated volunteer base 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.
            (3) Police, fire personnel, and other local emergency 
        responders frequently could benefit from timely technological 
        assistance, and efforts to organize a system to assist in 
        locating the desired help should be expedited.
            (4) Efforts to develop and deploy innovative new 
        technologies for use by government emergency prevention and 
        response agencies would be improved by the designation of a 
        clear contact point within the Federal Government for intake 
        and evaluation of technology ideas.
            (5) The creation of compatible communications systems would 
        strengthen emergency response efforts of police, fire, and 
        other emergency response personnel to communicate effectively 
        with each other and with their counterparts from nearby 
        jurisdictions. 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 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 reinforce, focus, and 
expedite ongoing efforts 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) a national emergency technology guard or ``NET Guard'' 
        that includes--
                    (A) rapid response teams of volunteers with 
                technology and science expertise, organized at the 
                local level; and
                    (B) opportunities for NET Guard volunteers to 
                assist with non-emergency tasks related to local 
                preparedness and prevention, including reducing the 
                vulnerability of government information technology 
                systems;
            (2) a national clearinghouse for innovative civilian 
        technologies relating to emergency prevention and response; and
            (3) a pilot program to assist state efforts to achieve the 
        interoperability of communications systems used by fire, law 
        enforcement, and emergency preparedness and response agencies.

SEC. 3. ESTABLISHMENT OF NATIONAL EMERGENCY TECHNOLOGY GUARD.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the President shall designate an appropriate department, 
agency, or office to compile and maintain a repository database of 
nongovernmental technology and science experts who have offered, and 
who can be mobilized, to help Federal agencies counter terrorism.
    (b) Net Guard Disaster Response Teams.--
            (1) Certification procedures.--The President shall also 
        designate an appropriate department, agency, or office (which 
        may be the department, agency, or office designated under 
        subsection (a)) to develop a procedure to encourage groups of 
        volunteers with technological or scientific expertise to team 
        with individuals from State and local governments, local 
        emergency response agencies, and nongovernmental emergency aid, 
        assistance, and relief organizations.
            (2) Team formation.--The department, agency, or office 
        designated under paragraph (1) may develop and implement a 
        system for facilitating the formation of local teams of such 
        volunteers by helping individuals that wish to participate in 
        such teams to locate and contact one another.
            (3) Criteria for certification.--The department, agency, or 
        office designated under paragraph (1) 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 two emergency 
                drills each year.
            (4) Certification and credentials.--The department, agency, 
        or office designated under paragraph (1) shall--
                    (A) certify any group of individuals requesting 
                certification as a NET Guard disaster response team 
                that complies with the procedures established under 
                paragraph (1) and meets the criteria established under 
                paragraph (3);
                    (B) issue credentials and forms of identification 
                as appropriate identifying each such team and its 
                members; and
                    (C) suspend, withdraw, or terminate certification 
                of and recover credentials and forms of identification 
                from any NET Guard disaster response team, or any 
                member thereof, when the head of the entity designated 
                deems it appropriate.
            (5) Compensation; per diem, travel, and transportation 
        expenses.--The department, agency, or office designated under 
        paragraph (1) may authorize the payment to a member of a NET 
        Guard disaster response team, for the period that member is 
        engaged in performing duties as such member at the request of 
        the United States--
                    (A) compensation as employees for temporary or 
                intermittent services as experts or consultants under 
                section 3109 of title 5, United States Code; and
                    (B) travel or transportation expenses, including 
                per diem in lieu of subsistence, as provided by section 
                5703 of title 5.
    (c) Additional Authorities.--The head of the department, agency, or 
office designated under paragraph (1) may--
            (1) activate NET Guard disaster response 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 for access by team members to emergency sites; 
        and
            (3) assign, on a voluntary basis, NET Guard volunteers to 
        work, on a temporary basis on--
                    (A) the development and maintenance of the database 
                described in subsection (a) and the procedures for 
                access to the database; and
                    (B) such other technology related projects to 
                improve emergency preparedness and prevention as may be 
                appropriate.

SEC. 4. CENTER FOR CIVILIAN HOMELAND SECURITY TECHNOLOGY EVALUATION.

    (a) In General.--The President shall establish a Center for 
Civilian Homeland Security Technology Evaluation within the Executive 
Branch to evaluate innovative technologies relating to security and 
emergency preparedness and response and to serve as a national 
clearinghouse for such technologies.
    (b) Function.--The Center shall--
            (1) serve as a principal, national contact point for the 
        intake of innovative technologies relating to security and 
        emergency preparedness and response;
            (2) evaluate promising new technologies relating to 
        security and emergency preparedness and response;
            (3) assure persons and companies that have submitted a 
        technology receive a timely response to inquiries;
            (4) upon request by Federal agencies consult with and 
        advise Federal agencies about the development, modification, 
        acquisition, and deployment of technology relating to security 
        and emergency preparedness and response; and
            (5) provide individuals and companies that have submitted 
        information about a technology the ability to track, to the 
        extent practicable, the current status of their submission 
        online.
    (c) Model.--The Center may be modeled on the Technical Support 
Working Group that provides an interagency forum to coordinate research 
and development of technologies for combating terrorism.
    (d) Internet Access.--
            (1) In general.--The President shall create an online 
        portal accessible through the FirstGov Internet website 
        (www.firstgov.gov), or any successor to such website, to 
        provide individuals and companies with innovative technologies 
        a single point of access to the Center and a single point of 
        contact at each Federal agency participating in the Center.
            (2) Functions.--The Center portal shall--
                    (A) provide individuals and companies with an 
                online opportunity to obtain information about various 
                open solicitations relevant to homeland security and 
                points of contact for submission of solicited and 
                unsolicited proposals; and
                    (B) include safeguards to ensure that business 
                proprietary information is protected and that no 
                personally identifiable information is accessible to 
                unauthorized persons.
    (e) 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. 5. COMMUNICATIONS INTEROPERABILITY PILOT PROJECTS.

    (a) In General.--The President shall establish within an 
appropriate department, agency, or office a pilot program for planning 
or implementation of interoperable communications systems for 
appropriate emergency response agencies.
    (b) Grants.--The head of the department, agency, or office in which 
the program is established under subsection (a) shall make grants of 
$5,000,000 each to seven different States for pilot projects under the 
program.
    (c) Criteria; Administrative Provisions.--The head of the 
department, agency, or office in which the program is established under 
subsection (a), in consultation with other appropriate agencies, shall 
prescribe such criteria for eligibility for projects and for grantees, 
including applications, fund use assurance and accounting, and 
reporting requirements as the head of the entity deems appropriate. In 
prescribing such criteria, the head of the department, agency, or 
office 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. 6. REPORTS.

    (a) Wireless Communications Capabilities for First Responders.--
Within 1 year after the date of enactment of this Act, the President 
shall designate an appropriate department, agency, or office to submit 
a report to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science of the House of Representatives 
setting forth policy options for ensuring that emergency officials and 
first responders have access to effective and reliable wireless 
communications capabilities. In completing the report, representatives 
of the commercial wireless industry shall be consulted, particularly to 
the extent that the report addresses commercial wireless systems. The 
report shall include an examination of the possibility of--
            (1) developing a system of priority access for certain 
        governmental officials to existing commercial wireless systems, 
        and the impact such a priority access system would have on both 
        emergency communications capability and consumer access to 
        commercial wireless services;
            (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.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Emergency Technology Guard.--There are authorized to 
be appropriated $5,000,000 for each of fiscal years 2003 and 2004 to 
carry out section 3.
    (b) Pilot Programs.--There are authorized to be appropriated to the 
department, agency, or office in which the program is established under 
section 5(a) $35,000,000 for fiscal year 2003 to carry out section 5 of 
this Act, such sums to remain available until expended.
    (c) Report.--There are authorized to be appropriated to the 
department, agency, or office designated in section 6(a) $500,000 for 
fiscal year 2003 to carry out section 6(a) of this Act.

SEC. 8. 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.

            Passed the Senate July 18, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.