[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Pages 3647-3650]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRAHAM (for himself and Mr. Nelson of Florida):
  S. 2036. A bill to authorize the appointment of additional Federal 
district court judges for the middle and southern districts of Florida, 
and for other purposes; to the Committee on the Judiciary.
  Mr. GRAHAM. Mr. President, an estimated 200,000 new Floridians every 
year move into the Sunshine State, making Florida one of the fastest 
growing States in the Nation. As the population increases, so do the 
number of people seeking justice from the Federal Courts in our State.
  Few are more familiar with these demands than the judges and 
personnel of the United States Courts in Florida's Middle and Southern 
Districts. The Judicial Conference of the United States has established 
a benchmark caseload standard of 430 case filings per judgeship. This 
is a goal that is rarely met in Florida's Middle and Southern 
Districts.
  In fact, the number of case filings per judgeship in the Southern 
District has remained above 500 since 1995; at the end of last year it 
stood at 609. In the Middle District the courts' weighted caseload with 
547 per judgeship at the end of 2001, 27 percent above the Conference 
standard.
  In light of this considerable burden on Florida's judges and the 
outlook for continued growth within the State, the United States 
Judicial Conference has recommended that Congress add one permanent and 
one temporary judgeship to the Middle District and one permanent 
judgeship in the Southern District.
  It is in accordance with these recommendations that my colleague from 
Florida and I introduce legislation to establish these needed 
judgeships. It is my hope that these additional judges will help to 
alleviate the heavy burden currently placed on Florida's Federal 
courts.
  The administration of justice will continue to be a challenge in 
Florida's Federal courts unless adequate resources are committed. 
Perhaps the most egregious example of this lack of resources is in the 
Fort Myers division of the Middle District, where judge's criminal 
caseloads stand at an astounding ninety percent above the national 
average.
  As Florida continues to grow, this burden will only increase. The 
services provided by the Federal judiciary must grow to meet these 
demands. I urge the Senate to support this legislation, ensure adequate 
resources for the administration of justice, and uphold the United 
States Constitution's guarantee of fair and speedy justice.
  Mr. NELSON of Florida. Mr. President, Florida's Middle and Southern 
District Courts desperately need additional judges. These jurisdictions 
are among the busiest in the Nation and they face an avalanche of new 
cases which threaten to further delay the administration of justice for 
thousands of Floridians. Simply put, Florida's judges are overwhelmed 
and unable to handle this many cases.
  Today, Senator Graham and I are introducing legislation which will 
create one additional permanent judgeship for the Middle District of 
Florida and one additional permanent judgeship for the Southern 
District of Florida. Our legislation also creates a temporary judgeship 
for the Middle District which will expire following the first vacancy 
on the court which occurs no sooner than seven years after the 
confirmation date of the individual named to fill the temporary 
position.
  Our intention is to ensure that Florida's Federal courts have the 
jurists necessary to exact timely justice. After reviewing current 
judges' caseloads and consulting with the districts' chief judges, we 
believe authorizing new judgeships is absolutely essential to ensuring 
that these jurisdictions are able to meet their statutory and 
constitutional obligations. Florida's Federal courts need these judges 
and Senator Graham and I intend to do everything we can to get them.
  I look forward to working with my colleagues on the Judiciary 
Committee to quickly pass this legislation, so that we can bring relief 
to Florida's Middle and Southern District Courts.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Allen):
  S. 2037. 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; to the Committee on 
Commerce, Science, and Transportation.
  Mr. WYDEN. Mr. President, earlier today, along with my friend and 
colleague, Senator Allen of Virginia, I introduced bipartisan 
legislation that would establish the technology equivalent of the 
National Guard. It is an effort we have been pursuing in the

[[Page 3648]]

Science, Technology, and Space Subcommittee. I am very pleased to have 
the Presiding Officer of the Senate on the subcommittee and pleased 
that he is in the chair as we discuss this legislation tonight.
  This is a subject we have been working on since September 11 and the 
tragedy that struck our country that day.
  We are all aware that the public sector, government, military, and 
law enforcement have begun a very significant mobilization effort to 
fight terrorism. It is a laudatory effort, one I fully support. This 
public effort is not going to be successful alone, if we don't take 
steps to tap the tremendous technology and science talents of America's 
private sector.
  Considering the enormous technological challenges faced on September 
11, the quality of emergency response is more than exceptional. But the 
many private companies and their science and technology experts who 
rushed to offer their help that day have told our committee they can do 
more. They can move faster, and they can help save more lives if the 
U.S. Congress provides a portal, an opportunity for them to more 
accessibly participate and offer their talents. That is why the 
legislation Senator Allen and I offered today, the Science and 
Technology Emergency Mobilization Act, provides an opportunity to tap 
those talents of the private sector.
  It doesn't create a large bureaucracy. It is not going to snarl our 
private companies in red tape. It is simply going to provide a gateway 
to bring the resources of the private sector to bear in the war against 
terrorism.
  I believe, just as John F. Kennedy gave America's youth a forum for 
public service, now is the time for our Government to throw open its 
doors to a new generation raised on information technologies that will 
be able to respond to the wide variety of technology and science-
related challenges that arise in the wake of a terrorist attack or 
other disaster.
  The legislation we are offering today offers four opportunities to 
capitalize on the immense technology resources of our Nation. One I am 
especially pleased about would establish a virtual technology reserve. 
As my colleagues know, we have a strategic petroleum reserve in our 
country. It is an energy insurance policy, an energy bank, in effect, 
that we can tap when we are in a crunch with respect to oil products. I 
think we ought to look at technology as the same sort of resource.
  So we have created a virtual technology reserve in our legislation 
that would allow communities all across this country to put in place a 
preexisting database of private sector equipment and expertise that 
they could call upon in the case of an emergency. Access to this 
database would enable Federal, State, and local officials, as well as 
nongovernmental relief organizations, to locate quickly whatever 
technology or scientific help they might need from the private sector.
  For example, a city official tasked with setting up a command center 
in the wake of an emergency might need laptop computers and high 
capacity telecommunications equipment. A State health director facing a 
potential bioterrorism incident might need to locate experts with 
expertise concerning a specific pathogen and to obtain special 
detection and remediation technology as soon as possible. An emergency 
official coordinating in the field rescue and recovery efforts might 
need a batch of hand-held radios or might need to bring in mobile 
cellular units to expand local cellular coverage and capacity so people 
on the ground can communicate.
  In all of these instances, the key is locating equipment and 
expertise quickly. By turning to our virtual technology reserve, these 
officials would have a quick way to identify companies that have what 
they need and companies that have expressed their willingness to help 
in an emergency.
  The Wyden-Allen legislation has several other provisions that we 
believe will help make a meaningful difference in this fight against 
terrorism. The legislation provides for the formation of rapid response 
teams of science and technology experts. It establishes a clearinghouse 
and test bed for new antiterror technologies. Suffice it to say, our 
Government has received thousands and thousands of ideas, unsolicited, 
from private companies and citizens all across this country with 
respect to products to aid in the fight against terrorism. And there is 
no systematic way to evaluate the quality of those products.
  The bipartisan legislation we brought to the Senate today would 
provide that test bed and a plan to have those products evaluated.
  Finally, our legislation provides for pilot projects to help overcome 
a problem that seems incomprehensible in a communications center as 
advanced as the east coast of the United States. We saw on September 11 
that first responders, people on the front lines, police and fire and 
others, were not able to communicate to each other. Before our 
subcommittee, we were told that on the east coast of the United States, 
arguably the most sophisticated communications center on the planet, 
there were firemen actually hand walking messages to their colleagues 
because all of the available communications systems--the hard-wire 
systems, the land lines, the cell lines--was down. So we badly need to 
have innovative work done in trying to make interoperable these 
communications systems that our first responders need.
  Our Subcommittee on Science, Technology, and Space found, as we 
analyzed the events of September 11, that the private sector was ready, 
willing, and able to contribute, but too often they were up against 
obstacles when they wanted to help. Some couldn't get proper 
credentials to access disaster sites. Some simply could not find the 
right place to offer their people their expertise and equipment and 
were literally knocking on doors offering to help, and people literally 
could use their skills.
  On December 5 of last year, FEMA Director Joe Allbaugh testified 
before our subcommittee that emergency response officials could have 
used the help of people in the technology sector to set up databases to 
track the missing and injured, as well as the goods and services being 
donated. But what Director Allbaugh has said--and he has been very 
helpful in this effort--was there simply wasn't a centralized go-to 
desk to provide experts for immediate needs.
  In the event of a bioterror attack, we have been told by the health 
authorities that communities would face the very same confusion. Right 
now, if a town is hit with a biological agent and local officials are 
looking for the closest medical authority, there is no comprehensive 
list of certified experts to help them.
  Suffice it to say, in our effort to try to come up with a coordinated 
plan to fight terrorism, there are going to be some difficult issues. I 
have great sympathy for Tom Ridge as he tries to bring together these 
agencies--perhaps 20 agencies--that are going to be involved in this 
effort. There are going to be some very difficult decisions that have 
to be made to maximize the talents and work of these agencies.
  But it seems to me the idea of having a preexisting database, so that 
in communities in Florida, and in Oregon, and across this country, if 
you are hit with a bioterror agent or have a calamity involving a 
terrorist attack, that you would have a preexisting database of 
individuals who can help and companies that are willing to donate 
equipment. That strikes me as eminently doable, something practical 
that the Government can do to make a real difference. That is why our 
virtual technology reserve and setting up these databases can make a 
real difference.
  In addition to that virtual technology reserve, the Wyden-Allen bill 
seeks to move experts into a community as rapidly as possible when 
problems arise. To that end, in our bill we provide for the creation 
and certification of national emergency technology guard teams. We call 
these teams NET guard teams. They would be made up of volunteers with 
technology and science expertise, and they would be organized in 
advance and available to be mobilized on short notice.
  After consulting at length with leaders in the Bush administration, 
we

[[Page 3649]]

have decided that these unique teams ought to be modeled after the 
urban search and rescue teams that are now under FEMA and the medical 
response teams under the Department of Health and Human Services. But 
instead of providing search and rescue or medical services, which, of 
course, is what is available today, the NET guard teams would provide 
the technology, information, and communications support to help 
rescuers work more effectively. Once assembled, NET guard teams can 
provide technology-related help in the aftermath of floods, 
earthquakes, and other natural disasters as well.
  In the testimony Director Allbaugh gave to the subcommittee, we were 
told that the technology challenges that are facing crises such as the 
September 11 attacks are not just technology problems, they are 
problems that ultimately cost lives. The essence of this legislation is 
about saving lives, and one way it can do that is to establish a 
structure to form and activate what we call NET guard teams of 
technology experts who can step in when crises occur.
  We also think science and technology experts from the Nation's 
leading private sector companies have a role to play before disaster 
strikes. Clearly, we need to respond more effectively when there is a 
disaster. But it is only common sense to utilize the talents and energy 
of those in the private sector in a preventive way as well, and that is 
also a key feature of our bipartisan legislation.
  Since September 11, thousands of experts and entrepreneurs have 
contacted the Federal Government offering new technologies. We would 
like to have those evaluated. That evaluative kind of effort can go 
forward as we employ a preventive kind of strategy for our leaders in 
the private sector and for purposes of making sure we accept and 
evaluate and implement these ideas that are now flooding in from around 
the country.
  We create a Center for Civilian Homeland Security Technology 
Evaluation. It is going to have two purposes. It will serve as a 
national clearinghouse for security and emergency response 
technologies, helping to match companies with innovative technologies 
with the Government agencies that need them; it would provide a single 
point of contact to which both companies and Government agencies could 
turn to have their technology proposals addressed.
  What we have heard in our committee--and I have been told as well in 
the Commerce Committee, and in other forums--is that the private sector 
really doesn't know where to turn. Should they go to the Department of 
Health and Human Services? They have been interested in ideas from 
private sector leaders. Should they go to the Department of Defense? 
They are interested as well. We establish a center for evaluating 
technologies, so there will be a central clearinghouse for companies to 
know where to turn.
  More particularly, the center will operate a test bed to evaluate the 
ability of proposed technologies to satisfy Government needs. This test 
bed will work in conjunction with existing Federal agencies and the 
national laboratories. It is not meant to be a technology gatekeeper, 
somehow having the Federal Government picking winners and losers, but 
it is designed to assist agencies that are now telling us they do not 
have the capability to evaluate these technologies on their own. This 
test bed is necessary, in my view, to keep new technologies from 
slipping through the cracks.
  I don't want to see American lives lost because the Federal 
Government could not find a way to accommodate fresh, new ideas from 
our leaders in the technology and science area.
  The legislation springs, as I have touched on, from firsthand 
accounts of what happened on September 11. Here in the Capital and in 
New York, the terrorist strikes flattened telecommunications and 
information networks. Many people of New York wandered the streets, 
unable to find out anything about an injured or missing loved one or 
even to register their names. Web sites, voice mail, and e-mail systems 
of relief organizations filled up and crashed.
  When emergency workers moved in, they told us they were hindered by 
the fact that their communications systems could not work together. 
Courageous emergency workers told our subcommittee that communications 
breakdowns made their job more difficult and more dangerous as well.
  So for that reason, we would establish a pilot program under which 
grants of $5 million each would be available for seven pilot projects 
aimed at achieving interoperability of communications systems used by 
fire, law enforcement, and emergency preparedness and response 
agencies.
  In simple English, what that is all about is making sure the police, 
fire, and health agencies can communicate with each other. It is 
probably as important as anything the Government can do. But because in 
many instances there are overlapping authorities in different systems, 
we are not making that possible in our country. It involves a lot of 
complicated issues, many of which the occupant of the chair and I have 
a chance to wrestle with in the Commerce Committee. Certainly spectrum 
or forum are a part of it.
  At a minimum, we ought to test out through the pilot projects in the 
bipartisan bill we are introducing today some ideas for making it 
easier for police, fire, and health to communicate and save the lives 
of citizens, and certainly make their lives less dangerous as well.
  The Nation's top technology companies have been very involved in 
developing this effort, including Intel, Microsoft, America Online, and 
Oracle, that have all expressed support for the legislation. All of 
them believe that creating a high-technology reserve talent bank--a 
talent bank that serves as a new force to confront a new threat--and 
the other initiatives proposed in the Wyden-Allen bipartisan 
legislation make sense. I thank them and other leaders in the private 
sector for their involvement.
  In drafting the legislation, I have consulted with a number of 
leaders in the administration in the antiterrorism effort, including 
Director Allbaugh; Richard Clarke, the President's Special Advisor for 
Cybersecurity; Commerce Secretary Donald Evans; and John Marburger of 
the Office of Science and Technology Policy. To a person, they have 
been very responsive and they have met us more than halfway in terms of 
making their own time and that of their staffs available. Senator Allen 
and I appreciate their bipartisan commitment.
  I pledge tonight to continue to work with them and, on a bipartisan 
basis, with the administration and with colleagues in the Congress on 
both sides of the aisle, to move this bill forward as rapidly as 
possible.
  At this point, I ask unanimous consent that letters in support from 
several of the Nation's leading technology companies be printed in the 
Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                            Intel Corporation,

                                  Santa Clara, CA, March 18, 2002.
     Hon. Ron Wyden,
     Hart Senate Office Building, Washington, DC.
       Dear Senator Wyden: I write to express our support for the 
     ``Science and Technology Emergency Mobilization Act'', your 
     legislation--soon to be introduced--that would establish a 
     national emergency technology guard and a civilian homeland 
     security evaluation center within NIST. This legislation 
     would provide a means for enhancing emergency response and 
     recovery of information technology infrastructure in the 
     event of major disasters such as the events on September 11 
     of last year.
       A national strategy for ensuring the resiliency of our IT 
     infrastructure against attacks and natural disasters is long 
     overdue, particularly as our country has become increasingly 
     dependent on the interconnected digital network. We look 
     forward to working with you on the details of this 
     legislation in committee and on the floor as it moves toward 
     enactment.
       Again, we applaud your leadership and forward vision on the 
     need for strengthening our information technology backbone.
           Sincerely,
                                                  Andrew S. Grove,
                                            Chairman of the Board.

[[Page 3650]]

     
                                  ____
                                           Oracle Corporation,

                                   Washington, DC, March 18, 2002.
     Hon. Ron Wyden,
     United States Senate, Washington, DC.
       Senator Wyden: I am writing to express Oracle's support for 
     the ``Science and Technology Emergency Mobilization Act'', 
     your proposed legislation that would establish a national 
     emergency technology guard, and a ``virtual technology 
     reserve'' consisting of a database of private sector 
     equipment and expertise that emergency officials may call 
     upon in an emergency. This legislation would improve and 
     enhance emergency response capabilities, particularly the 
     recovery of information technology infrastructure, in the 
     event of major disasters such as the events on September 11 
     of last year.
       As you well know, this country has become increasingly 
     dependent on continued operation of its vast information 
     networks. That is why a national strategy to ensure the 
     resiliency and continued operation of our information 
     technology infrastructure against attacks and national 
     disasters is critical. Oracle looks forward to working with 
     you on the details of your proposal as it moves through the 
     legislative process.
       On behalf of Oracle, thank you for your leadership on 
     issues important to maintaining our nation's technology 
     infrastructure.
           Sincerely,
                                                Robert P. Hoffman,
     Director.
                                  ____



                                        Microsoft Corporation,

                                   Washington, DC, March 19, 2002.
     Hon. Ron Wyden,
     United States Senator, Washington, DC.
       Dear Senator Wyden: We welcome the opportunity to comment 
     on your legislation to create a reserve of technology and 
     science experts capable of responding to national cyber 
     emergencies. We applaud your ongoing leadership on this and 
     other key technology matters in the United State Senate.
       Microsoft is deeply engaged in security matters. Our 
     Trustworthy Computing Initiative, recently announced by Bill 
     Gates, places a primary emphasis on security, privacy and 
     reliability across our products, services and operations.
       We agree with you that, in case of a national cyber 
     emergency, the Federal Government should draw upon the 
     brightest minds in industry in its efforts to protect Federal 
     agencies and other critical entities. In fact, on September 
     11th our Chief Security Officer was called to active military 
     duty to support the government's response to the attacks. He 
     recently left Microsoft to become the Vice Chairman of the 
     President's Critical Infrastructure Protection Board.
       We view your focus on a National Emergency Technology 
     Guard, like our Trustworthy Computing Initiative, as a means 
     to strengthen America's cybersecurity via better trained 
     personnel.
       We thank you again for the opportunity to comment on this 
     matter and commend you once again for your ongoing leadership 
     in cybersecurity.
           Sincerely,
                                                   Jack Krumholtz,
         Director, Federal Government Affairs, Associated General 
     Counsel.
                                  ____



                                              AOL Time Warner,

                                   Washington, DC, March 19, 2002.
     Hon. Ron Wyden,
     Hon. George Allen,
     United States Senate, Washington, DC.
       Dear Senator Wyden and Senator Allen: On behalf of AOL Time 
     Warner, I would like to express my appreciation for your 
     efforts and leadership in the area of antiterrorism and 
     disaster response, including the development of legislation 
     to address this critical issue.
       September 11th forever changed the way our country thinks 
     about crisis response and emergency management, and has made 
     all of us realize the importance of working together as a 
     team when disaster strikes. Like so many other organizations 
     and individuals across the country and around the world, we 
     at AOL Time Warner watched with horror as the tragic events 
     of that day unfolded--and did what we could to contribute to 
     the immediate needs of the emergency response personnel, from 
     financial and humanitarian assistance to technical support.
       Since that time, we have participated in numerous 
     discussions, including several ongoing initiatives led by the 
     Administration, about both how to prevent such a catastrophe 
     in the future and how to mitigate the effects of such a 
     disaster should the unthinkable occur again. It is clear from 
     these discussions and from our experiences on that day, that 
     one of the most critical objectives in formulating a disaster 
     response strategy is to ensure the functioning of our 
     communications infrastructure in the event of an emergency.
       Your legislation, ``The Science Technology Emergency 
     Mobilization Act,'' recognizes the important role played by 
     volunteers--like those from our company and countless and 
     countless others across the nation--in providing technical 
     assistance to enhance communication in times of crisis, and 
     creates a mechanism for coordinating and deploying such 
     assistance in a systematic fashion during a national 
     emergency. We believe that this type of voluntary partnership 
     between industry and government is vital to ensuring that 
     disaster response and recovery efforts are coordinated and 
     effective.
       We are grateful for your work on this issue of such 
     importance to our nation, and look forward to continuing to 
     work with both Congress and the Administration on matters 
     relating to security and critical infrastructure.
           Sincerely,
                                                  Susan A. Brophy,
          Senior Vice President, Domestic Public Policy, AOL Time 
     Warner.

                          ____________________