[Senate Report 107-186]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 459
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-186
_______________________________________________________________________


           SCIENCE AND TECHNOLOGY EMERGENCY MOBILIZATION ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2037




                 June 27, 2002.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-010                     WASHINGTON : 2002
______________________________________________________________________
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       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred seventh congress
                             second session

              ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West         TED STEVENS, Alaska
    Virginia                         CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts         TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana            KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA SNOWE, Maine
RON WYDEN, Oregon                    SAM BROWNBACK, Kansas
MAX CLELAND, Georgia                 GORDON SMITH, Oregon
BARBARA BOXER, California            PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina         JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri              GEORGE ALLEN, Virginia
BILL NELSON, Florida
                     Kevin D. Kayes, Staff Director
                       Moses Boyd, Chief Counsel
                      Gregg Elias, General Counsel
      Jeanne Bumpus, Republican Staff Director and General Counsel
             Ann Begeman, Republican Deputy Staff Director
                                                       Calendar No. 459
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-186

======================================================================



 
           SCIENCE AND TECHNOLOGY EMERGENCY MOBILIZATION ACT
                                _______
                                

                 June 27, 2002.--Ordered to be printed

                                _______
                                

      Mr. Hollings, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2037]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the 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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of the bill, as reported, 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 national emergencies.

                          Background and Needs

  There are many who believe that America's great technological 
prowess is a key weapon in our defense arsenal against 
terrorism and other threats. In this regard, while the United 
States has begun to mobilize health, rescue, military, and 
other vital sectors to fight terrorism, more needs to be done 
to effectively mobilize the Nation's millions of scientists and 
technology specialists.
  The Committee's Subcommittee on Science, Technology, and 
Space (Subcommittee) found that in the aftermath of September 
11, while many technology companies volunteered valuable 
services--and their expertise was critical in recovery 
efforts--frequently volunteers had a difficult time contacting 
the officials and organizations that could have benefited from 
their help. This lack of effective communication, cooperation, 
and organization presents a significant challenge in light of 
the security problems that the United States faces and must 
correct to facilitate an effective response to terrorist 
attacks and other significant physical threats in the future. 
For example, in the event of an incident involving 
bioterrorism, while local experts may be available, there 
presently is no national means nor process to catalog and 
organize this expertise.
  Although the private sector currently possesses and is 
producing a growing number of technologies designed to enhance 
homeland security, the Federal effort to evaluate these 
technologies is diffuse, and highly inefficient and 
disorganized. As it stands, some Federal agencies are 
overwhelmed with offers of assistance, but lack the internal 
capacity to evaluate the technologies.
  The Subcommittee further found that on September 11, first 
responders such as fire fighters were unable to communicate 
with one another because their communications systems were not 
interoperable. In fact, at times, commanders had to resort to 
sending instructions to the front lines using paper notes 
delivered by runners. This lack of interoperable communications 
can significantly hamper emergency response efforts.

                          Legislative History

  S. 2037, the Science and Technology Emergency Mobilization 
Act, was introduced by Senators Wyden and Allen on March 20, 
2002. The Subcommittee held three hearings on issues related to 
S. 2037: (1) Response of the Technology Sector in Times of 
Crisis, held on December 5, 2001; (2) Fighting Bioterrorism: 
Using America's Scientists and Entrepreneurs to Find Solutions, 
held on February 5, 2002; and (3) Homeland Security and the 
Technology Sector: S. 2037 and S. 2182, held on April 24, 2002.
  On May 17, 2002, the Committee met in open executive session 
and ordered S. 2037 reported with an amendment in the nature of 
a substitute. The amendment made changes to the provisions of 
the underlying bill to better align the activities authorized 
under S. 2037 with the Administration's current activities.

                      SUMMARY OF MAJOR PROVISIONS

  The major provisions of S. 2037, as reported, would:
          (1) provide for the creation of a database of 
        private-sector expertise that emergency officials may 
        call upon in an emergency;
          (2) provide 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 under the 
        Federal Emergency Management Agency (FEMA) and Medical 
        Response Teams under the Department of Health and Human 
        Services (HHS);
          (3) create a Center for Civilian Homeland Security 
        Technology Evaluation, modeled on the existing 
        Technical Support Working Group, to serve as a national 
        clearinghouse for innovative technologies relating to 
        emergency prevention and response; and
          (4) establish a pilot program under which grants of 
        $5 million each would be available for seven pilot 
        projects aimed at achieving the interoperability of 
        communications systems used by fire, law enforcement, 
        and emergency preparedness and response agencies.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 29, 2002.
Hon. Ernest F. Hollings,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2037, the Science 
and Technology Emergency Mobilization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                          Barry B. Anderson
                                       (For Dan Crippen, Director).
    Enclosure.

S. 2037--Science and Technology Emergency Mobilization Act

    Summary: S. 2037 would authorize the President to establish 
a national emergency technology guard and a national 
clearinghouse for emergency prevention and response technology. 
In addition, the bill would authorize the implementation of a 
pilot program in seven states to make the communications 
systems used by fire, law enforcement, and emergency 
preparedness and response agencies compatible.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing the bill would cost $70 million 
over the 2003-2007 period. S. 2037 would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    S. 2037 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would provide $35 million in grants to states in fiscal 
year 2003 for pilot programs designed to plan and implement 
interoperable communications systems.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2037 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................       46       10        5        5        5
Estimated Outlays..................................................       10       34       16        5        5
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2037 will be enacted by the start of fiscal year 2003 and the 
necessary funds will be appropriated for each year. Based on 
information from the Office of Management and Budget and 
historical spending patterns of similar programs, CBO estimates 
that implementing S. 2037 would cost $70 million over the 2003-
2007 period. The bill would authorize $5 million in both 2003 
and 2004 for the national emergency technology guard (to be 
known as NET Guard). CBO assumes that these funds would be 
spend on salaries and related expenses for establishing, 
managing, and training a team of volunteers to help federal 
agencies counter terrorism.
    S. 2037 would authorize the establishment of a Center for 
Civilian Homeland Security Technology Evaluation. Based on 
information from similar programs, such as the Technical 
Support Working Group and the Office of Science and Technology 
Policy, CBO estimates that the center would cost about $5 
million each year.
    In addition, the bill would authorize the appropriation of 
$35 million to conduct pilot projects in seven states to 
improve communications among first responders (fire, police, 
emergency preparedness) at the local level. CBO estimates that 
this provision would cost $35 million over the 2003-2007 
period, based on historical spending patterns of similar 
programs.
    Finally, S. 2037 would direct the President to report on 
wireless communications capabilities of first responders and 
the barriers faced by federal agencies to accepting in-kind 
donations of technology and services during emergencies. CBO 
estimates those reports would cost about $1 million.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 2037 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would provide $35 million in grants to 
states in fiscal year 2003 for pilot programs designed to plan 
and implement interoperable communications systems.
    Estimate prepared by: Federal Costs: Julie Middleton, 
Impact on State, Local, and Tribal Governments: Leo Lex, and 
Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  This legislation would create a database of persons willing 
to volunteer their expertise to the Federal government and 
would establish NET Guard teams of volunteers. NET Guard 
volunteers would be subject to regulations issued to certify 
NET Guard teams.

                            ECONOMIC IMPACT

  Although it is reasonable to expect that volunteers, if 
called to serve, may be called away from their regular jobs on 
a temporary basis, this legislation is not expected to have an 
adverse economic impact on the Nation.

                                PRIVACY

  This legislation would not have a negative impact on the 
personal privacy of individuals. The disclosure of personal 
information to the entity or entities designated to establish 
the database and to administer the NET Guard would be made 
voluntarily by any individuals wishing to be a part of these 
programs. In addition, the Committee expects that such entity 
or entities would take appropriate steps to control access to 
this information.

                               PAPERWORK

  This legislation would not increase paperwork requirements 
for private individuals or businesses. Businesses seeking to 
offer technology products to the government may find their 
paperwork burden reduced through the internet portal 
established by the Center for Homeland Security Technology. 
Section 6 of the legislation also would require two reports on 
wireless communications and in-kind donations by the Federal 
government.

                      Section-by-Section Analysis


Section 1. Short title

  Section 1 of the bill, as reported, would provide that the 
bill may be cited as the ``Science and Technology Emergency 
Mobilization Act''.

Section 2. Congressional findings and purpose

  Section 2 of the bill, as reported, would set forth findings 
concerning the potential benefits of an organized system for 
harnessing and coordinating the Nation's private-sector 
technology and science expertise in support of emergency 
response and prevention and state that the bill's purpose is to 
enhance ongoing Administration efforts in that regard.

Section 3. Establishment of National Emergency Technology Guard

  Section 3 of the bill, as reported, would provide for the 
creation of a database of private sector experts and for the 
establishment of NET Guard volunteer teams.
  Specifically, section 3(a) of the bill, as reported, would 
direct the President to designate an appropriate department, 
agency, or office to establish a repository database of 
nongovernmental technology and science experts who have offered 
and can be mobilized to help Federal agencies in times of 
disaster. This is one of a number of provisions in S. 2037, as 
reported, that allows the President to choose an appropriate 
department, agency, or office to administer programs created by 
the legislation. The Committee wanted to provide the 
Administration with maximum flexibility to align these programs 
with related, ongoing efforts in a number of departments, 
agencies, and offices.
  Section 3(b) of the bill, as reported, would direct the 
President to designate, within one year, an appropriate 
department, agency, or office which would be responsible for 
establishing application procedures for groups of individuals 
to seek official certification as NET Guard disaster response 
teams. The designated entity may be different from that 
designated in section 3(a). The entity may also develop a 
system to facilitate team formation by helping individuals 
locate potential team members. This subsection further 
specifies that the entity shall establish criteria for the 
formation of NET Guard teams, such as what expertise the teams 
must possess and what kind of training will be required. Once 
the criteria are established, the entity will certify and issue 
appropriate credentials to teams that satisfy those criteria. 
When members of certified NET Guard teams are called into 
action, they may be compensated for their time and travel 
expenses.
  Section 3(c) of the bill, as reported, would authorize the 
entity designated in subsection (b) of this section to activate 
NET Guard teams in the event of a national disaster or 
emergency and to provide for access by team members to 
emergency sites. It also would authorize the entity to 
designate technology-related projects to improve emergency 
preparedness, such as the development and maintenance of the 
database created under subsection (a) of this section,and to 
seek volunteers from among the national emergency technology response 
teams to work on these projects on a temporary basis.

Section 4. Center for Civilian Homeland Security Technology Evaluation

  Section 4(a) of the bill, as reported, would create a Center 
for Civilian Homeland Security Technology Evaluation (Center) 
within the Executive Branch. The President would have the 
discretion to determine where in the Executive Branch this 
Center should be located. Subsection (b) states that the Center 
would serve as a national clearinghouse for security and 
emergency response technologies, helping to match companies 
that have innovative technologies with government agencies who 
need such technologies. Subsection (c) would allow the Center 
to be modeled on the Technical Support Working Group (TSWG). 
The TSWG is an interagency forum managed by the Department of 
Defense that identifies, prioritizes, and coordinates 
interagency and international research and development 
requirements for combating terrorism. As part of its mission, 
TSWG analyzes numerous private-sector technology proposals 
related to counterterrorism. Subsection (d) would require the 
creation of an online portal, accessible through the FirstGov 
Internet website, to facilitate contact with the Center. 
Subsection (e) would specify that submission to or evaluation 
by the Center is not a prerequisite for Federal procurement 
decisions.

Section 5. Communications interoperability pilot projects

  Section 5 of the bill, as reported, would direct the 
President to establish, within an appropriate department, 
agency, or office, a program for planning or implementation of 
interoperability of communications systems used by fire, law 
enforcement, and emergency preparedness and response agencies. 
Subsection (b) would require the head of the entity designated 
in subsection (a) to make grants under the program of $5 
million each to seven different states for pilot projects. 
Grants would be made to the States which would be responsible 
for coordinating interoperability efforts including multiple 
local entities and jurisdictions. Subsection (c) would direct 
the head of the entity designated in subsection (a) to 
prescribe the criteria for eligibility for such grants.

Section 6. Reports

  Section 6(a) of the bill, as reported, would direct the 
President to designate an appropriate department, agency, or 
office to prepare a report on 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 both the advantages 
and the disadvantages of developing a priority access system 
for existing commercial wireless networks, designating national 
emergency spectrum, and creating a specialized public safety 
communications network. The Committee expects that the entity 
conducting the study will consult closely with the wireless 
industry.
  Section 6(b) of the bill, as reported, would direct the FEMA 
to prepare a report on potential legal barriers, if any, to the 
ability of Federal agencies to accept in-kind donations of 
technology and services. The Committee received informal 
indications that there may be some legal impediments that could 
hinder the effective use of such donations.

Section 7. Authorization of appropriations

  Section 7(a) would authorize $5 million for each of fiscal 
years 2003 and 2004 to carry out section 3. Section 7(b) would 
authorize $35 million for fiscal year 2003 for the grants to 
communications interoperability pilot projects under section 5. 
Section 7(c) would authorize $500,000 to the entity designated 
to carry out section 6(a).

Section 8. Emergency response agencies

  Section 8 of the bill, as reported, would define the term 
``emergency response agency'' as an agency providing any of the 
following services: law enforcement; fire services; emergency 
medical services; public safety communications (such as 911); 
and emergency preparedness.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.

                                  
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