Subject: [NEXTEL-1] Technology National Guard

From: Alan Dixon <[email-masked]>
Date: Tue, 26 Nov 2002 20:39:57 -0500

Here is the full text of S. 2037 as passed by Congress, the Science and
Technology Emergency Mobilization Act.  This act will create the National
Emergency Technology (NET) Guard.  Also, the full Senate Committee Report
107-186 is attached.

http://thomas.loc.gov/

Alan Dixon
Contributing Editor
Popular Communications
[email-masked]

"Popular Communications is available at Barnes & Noble and other fine
book stores and newsstands."

--

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Science and Technology Emergency Mobilization Act (Referred to House Committee 
after being Received from Senate)

S 2037 RFH 
107th CONGRESS
2d Session
S. 2037
IN THE HOUSE OF REPRESENTATIVES
September 4, 2002
Referred to the Committee on Science, and in addition to the Committees on 
Transportation and Infrastructure, and Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 

AN ACT
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 . 
  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--
    (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 two 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 
  seven 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. In completing the 
  report, representatives of the commercial wireless industry shall be 
  consulted, particularly to the extent that the report addresses commercial 
  wireless systems. The report shall include an examination of the possibility 
  of--
    (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;
    (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.
Passed the Senate July 18, 2002. 
Attest: 
JERI THOMSON, 
Secretary. 

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Science and Technology Emergency Mobilization Act (Referred to House Committee after being Received from Senate)

S 2037 RFH

107th CONGRESS

2d Session

S. 2037

IN THE HOUSE OF REPRESENTATIVES

September 4, 2002

Referred to the Committee on Science, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

AN ACT

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 .

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--

(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 two 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 seven 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. In completing the report, representatives of the commercial wireless industry shall be consulted, particularly to the extent that the report addresses commercial wireless systems. The report shall include an examination of the possibility of--

(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;

(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.

Passed the Senate July 18, 2002.

Attest:

JERI THOMSON,

Secretary.

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                                     99 010                                 

                                       2002                                  

                          107 th Congress  2d Session                       

                                     SENATE                                 

                                      Report                                 

                                      107 186                                 

                                 Calendar No. 459                            

             SCIENCE AND TECHNOLOGY EMERGENCY MOBILIZATION ACT           

                               R E P O R T                               

                                  OF THE                                 

            COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION           

                                    on                                   

                                 S. 2037                                 

[Graphic Image Not Available]

                  June  27, 2002.--Ordered to be printed                 

                 SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION        

                                ONE HUNDRED SEVENTH CONGRESS                      

                                       SECOND SESSION                             

                    ERNEST F. HOLLINGS, South Carolina,  Chairman              

          DANIEL K. INOUYE, Hawaii                             JOHN M c CAIN, Arizona

          JOHN D. ROCKEFELLER IV, West Virginia                TED STEVENS, Alaska
          JOHN F. KERRY, Massachusetts                         CONRAD BURNS, Montana
          JOHN B. BREAUX, Louisiana                            TRENT LOTT, Mississippi
          BYRON L. DORGAN, North Dakota                        KAY BAILEY HUTCHISON, Texas
          RON WYDEN, Oregon                                    OLYMPIA SNOWE, Maine
          MAX CLELAND, Georgia                                 SAM BROWNBACK, Kansas
          BARBARA BOXER, California                            GORDON SMITH, Oregon
          JOHN EDWARDS, North Carolina                         PETER G. FITZGERALD, Illinois
          JEAN CARNAHAN, Missouri                              JOHN ENSIGN, Nevada
          BILL NELSON, Florida                                 GEORGE ALLEN, Virginia

        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                            

                            107 th 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                  
                                  REPORT                                 

                         [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.