[Congressional Record Volume 154, Number 62 (Friday, April 18, 2008)]
[Senate]
[Pages S3173-S3174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                HOLD ON NOMINATION OF HARVEY E. JOHNSON

 Mr. WYDEN. Mr. President, more than 40 months ago, prior to 
his confirmation as Secretary of the Department of Homeland Security, 
Michael Chertoff told me in my office that if confirmed he would move 
expeditiously to implement the National Emergency Technology Guard--NET 
Guard--program. Unfortunately, Secretary Chertoff has so far failed to 
honor this pledge.
  The idea of NET Guard was born in the aftermath of 9-11, when a 
number of communications and technology companies told me they wanted 
to help New York City when it was attacked--and there was no system for 
using their volunteers. Then-Senator George Allen and I moved on a 
bipartisan basis to support a program, called NET Guard, that would 
ensure that volunteers with technology expertise could be fully 
utilized in future crises. These teams of local volunteers with science 
and technology expertise would be vital in assisting our communities in 
responding to attacks on communications networks, or recovering from 
natural disasters. Congress authorized the establishment of NET Guard 5 
years ago, in the Homeland Security Act of 2002.
  However, DHS has delayed and delayed and so far failed to implement 
this critical program.
  At times, Secretary Chertoff has appeared willing to move forward on 
NET Guard, but each time he stops short of action. On August 1, 2007, 
the Secretary pledged to me in a letter that he would be submitting a 
request to fund the NET Guard program in the President's fiscal year 
2009 budget. I will ask that a copy of Secretary Chertoff's letter be 
printed in the Record. I thought this meant that the Secretary 
recognized NET Guard's potential and understood Congress's intention in 
authorizing the program. Unfortunately he failed to fulfill this 
promise and we again find ourselves at an impasse.
  I feel that further delay is unacceptable. I reluctantly feel that I 
must put a hold on the nomination of Harvey E. Johnson who has been 
nominated by President Bush to serve as Deputy Administrator of the 
Federal Emergency Management Agency, until the NET Guard program is up 
and running.
  I place this hold reluctantly, but see no other option in light of 
the Department's foot dragging. I am hopeful that the Department will 
soon be able to stand up a NET Guard program, and I will be able to 
withdraw my hold and Mr. Johnson's nomination can move through the 
Senate. In the meantime, I

[[Page S3174]]

will object to any unanimous consent agreement to consider Mr. 
Johnson's nomination.
  I ask that the letter to which I referred be printed in the Record.
  The letter follows:

                                                U.S. Department of


                                            Homeland Security,

                                                   August 1, 2007.
     Hon. Ron Wyden,
     U.S. Senate,
     Washington, DC.
       Dear Senator Wyden: Thank you for taking time this morning 
     to discuss the Department of Homeland Security's plans for 
     the National Emergency Technology Guard (NET Guard) program. 
     Following my June 29, 2007 letter to you that outlined our 
     program approach, and as a prelude to our discussion, members 
     of the Department's NET Guard team briefed your staff on our 
     proposed plan. The positive feedback from your staff, coupled 
     with your positive feedback this morning and the positive 
     feedback that we have received from State, local, and private 
     sector stakeholders, gives us confidence that we are taking 
     the right approach to implementing this important disaster 
     response program.
       Accordingly, the Department is moving forward with plans to 
     implement 12-month NET Guard pilots beginning in September 
     2007. The recommendation to establish pilots in September is 
     consistent with the NET Guard Scoping Initiative Report, 
     which I will provide to you upon its completion this month. 
     To fund our efforts in fiscal year 2007 and 2008, we will 
     continue to work with Congressional appropriators. I will 
     also submit a request to the White House Office of Management 
     and Budget to fund the NET Guard program in fiscal year 2009. 
     On these and other program matters, the Department's Office 
     of Legislative Affairs will keep your staff apprised of our 
     progress.
       I appreciate your interest and support of the Department's 
     disaster response mission and look forward to working with 
     you on this and other issues.
           Sincerely,
     Michael Chertoff. 

                          ____________________