[Congressional Record Volume 148, Number 98 (Thursday, July 18, 2002)]
[Senate]
[Pages S7081-S7084]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SCIENCE AND TECHNOLOGY EMERGENCY MOBILIZATION ACT
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 459, S. 2037.
The PRESIDING OFFICER. The bill will be stated by title.
The assistant legislative clerk read as follows:
A bill (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.
There being no objection, the Senate proceeded to consider the
bill which had been reported from the Committee on Commerce, Science,
and Transportation, with an amendment to strike all after the enacting
clause and inserting in lieu thereof the following:
[Strike the part in black brackets and insert the part printed in
italic]
S. 2037
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
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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 2 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 7 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.
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.
[[Page S7083]]
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.
Mr. WYDEN. Mr. President, as America mobilizes to protect itself from
terrorism, a key weapon in its defensive arsenal is its great
technological prowess. From high-tech ``cyber attacks'' to more
conventional threats, many of the solutions for reducing America's
vulnerabilities at home will be rooted in technology. And much of the
country's science and technology expertise resides outside the
government in the dynamic arena of private sector entrepreneurship.
Therefore, it is essential to ensure that America's antiterrorism
efforts tap the tremendous science and technology talents of the
private sector. To that end, the Science and Technology Emergency
Mobilization Act will help forge strong partnerships between the
government and private sector science and technology experts, in order
to provide the best protection and response for the American people.
The legislation the Senate is approving today has been in the works
since shortly after September 11. The Subcommittee on Science and
Technology held a series of hearings in 2001-2002 on the best way to
mobilize science and technology experts, drawing on first-hand accounts
of those who sought to offer help in the aftermath of the terrorist
attacks. The subcommittee's ranking Republican, Senator Allen, joined
me as a cosponsor and helped to draft the bill. House Science Committee
Chairman Boehlert participated as well, making this a bipartisan and
bicameral effort. The bill also bears the imprint of various executive
branch agencies: we worked very closely with the Office of Management
and Budget, the Office of Science and Technology Policy, the Commerce
Department's Technology Administration, FEMA, and NIST to shape the
original legislation into a finely-turned and targeted bill. On May 17,
it was approved by the Commerce Committee without dissent.
The legislation provides for the creation of a database of private
sector science and technology experts whom government officials may
call upon in emergencies. It provides for the creation of National
Emergency Technology Guard, NET Guard, teams of volunteers with
technology and science expertise, organized in advance and available to
be mobilized on short notice, similar to existing urban search and
rescue teams.
It also calls for the creation of a Center for Civilian Homeland
Security Technology Evaluation, modeled on the existing Technical
Support Working Group, to serve as a single point of contact and
clearinghouse for innovative technologies relating to emergency
prevention and response. The center will have an online portal, so that
the numerous small businesses that have been struggling to negotiate
the maze of bureaucracy will finally have a way to get their bright
technology ideas into the right hands. In addition, the legislation
provides for pilot projects to improve the interoperability of
communications systems used by fire, law enforcement, and emergency
preparedness and response agencies.
The legislation does not create a large bureaucracy, nor does it seek
to micromanage; instead, it gives the President flexibility to decide
where within the executive branch the different functions set forth in
the bill should be placed. This is particularly important in light of
the pending proposals for reorganizing the Federal Government's
homeland security functions. This bill is flexible enough to fit
comfortably within whatever structure is ultimately adopted.
I express my appreciation to Senator Allen for his efforts on the
bill; to the distinguished chairman of the Commerce Committee, Senator
Hollings, for his help and support as the bill was considered by the
committee; and to Mitch Daniels, Director of the Office of Management
and Budget, for mobilizing his staff to work with us on the fine points
of the legislation. I also thank all the private sector organizations
and individuals who provided important advice throughout the process,
and in particular those who have expressed formal support for the
legislation, including Intel, Microsoft, America Online, Oracle, the
National Association of Manufacturers, and the Biotechnology Industry
Organization.
Mr. ALLEN. Mr. President, today I rise to thank my colleagues for
their unanimous support of S. 2037, the Science and Technology
Emergency Mobilization Act. I also thank Senator Wyden for his
leadership and continued tenacious work on pushing this important
measure through the Senate.
S. 2037 highlights the vital role technology and innovation play in
our Nation's war to protect our homeland from terrorism. As this body
has highlighted time and time again, new technologies are being
developed every day that can help save lives and improve the ability of
our firefighters, police, and first responders to react quickly and
effectively to a catastrophic event.
As our Nation becomes more dependent upon technology in nearly every
aspect of our lives, the level of vulnerability to technological
disruptions rises accordingly. We all saw with the problems following
the attacks of September 11, the promptness and quality of the
technological response to terrorist attacks or natural disasters could
mean the difference between life and death.
S. 2037, the Net Guard bill, will play a major role in preventing
many of the problems that occurred during the attacks against New York
and the Pentagon. September 11 taught us two things: (1) how much
technological improvements are needed for State, local, and Federal
services, and (2) the depth of the reservoir of American goodwill to
provide solutions.
S. 2037 will call upon the ideas of the best and the brightest minds
in the American technology workforce to act as an all-volunteer force
to help restore communications and infrastructure operations after a
major national disaster. Like all Americans, I was heartened by the
volunteer efforts of companies, like Verizon, Intel, IBM, Accenture,
and Cingular Wireless, that volunteered both staff and equipment to
restore communications in New York and the Washington, DC area.
This bill will simply add structure to private sector efforts and
encourages the participation of the Nation's science and technology
experts to respond to national emergencies. Additionally, this bill
creates a ``virtual technology reserve'' consisting of a database of
private-sector expertise and equipment that can be called upon, at any
moment, by emergency officials during a crisis situation.
I believe the all-volunteer teams of science and technology personnel
in conjunction with the virtual technology reserve that are created by
this legislation will help many Americans by restoring vital services
in times of need.
There are many enterprises and commercial applications that can be
adapted to meet the Government's needs, however currently there is no
central location for evaluation or mechanism for recommendation within
the Government. I, along with other Senators, receive volumes of
information from numerous companies on their different products and
ideas regarding the defense of our homeland. As public servants we want
to be sure the Government has the necessary structure and process in
place to test and apply new technologies to meet our homeland security
needs.
S. 2037 establishes of a Center for Civilian Homeland Security
Technology Evaluation and an online, Internet portal within the
Executive Branch. This Center will perform the important task of
matching the inventions of the private sector to the needs of our
Nation's homeland defense. Additionally, the Internet portal will
provide individuals and companies with a single point to access the
center and a single point of
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contact at each federal agency participating in the Center for Civilian
Homeland Security.
Mr. President, I am glad to see the Senate come together and pass
this important legislation and again thank my colleague from Oregon for
his leadership. I have truly enjoyed working with him for the
successful passage of this positive, constructive utilization of the
advances in technology to improve the security of Americans.
Mr. REID. Mr. President, Senators Wyden and Allen have an amendment
at the desk, and I ask unanimous consent that the amendment be
considered and agreed to, the motion to reconsider be laid upon the
table, the committee substitute amendment, as amended, be agreed to,
the bill, as amended, be read the third time and passed, and the motion
to reconsider be laid upon the table, and that any statements relating
thereto be printed in the Record as if read, with no intervening action
or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4311) was agreed to, as follows:
(Purpose: To ensure that private sector input is considered in the
wireless communications capabilities policy options report required by
section 6)
On page 26, line 19, after the period, insert ``In
completing the report, representatives of the commercial
wireless industry shall be consulted, particularly to the
extent that the report addresses commercial wireless
systems.''.
On page 26, strike lines 22 and 23, and insert the
following:
(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;
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill (S. 2307), as amended, was read the third time and passed,
as follows:
(The bill will be printed in a future editing of the
Record.)
____________________