[Congressional Record (Bound Edition), Volume 148 (2002), Part 10]
[Senate]
[Pages 13574-13577]
[From the U.S. 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 all after the enactiing clause 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 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--

[[Page 13575]]

       (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.

     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

[[Page 13576]]

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 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

[[Page 13577]]

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 edition of the Record.)

                          ____________________