Senate Report 107-186 - SCIENCE AND TECHNOLOGY EMERGENCY MOBILIZATION ACT

[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

S. 2037

June 27, 2002.--Ordered to be printed

__________

U.S. GOVERNMENT PRINTING OFFICE
99-010 WASHINGTON : 2002
______________________________________________________________________
For sale by the Superintendent of Documents,
U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800;
DC area (202) 512-1800 Fax: (202) 512-2250
Mail: Stop SSOP, Washington, DC 20402-0001

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.