Manager's Amendment to S 2037, the Science and Technology Emergency Mobilization Act, also known as the Net Guard Act.
Offered by Sen. Ron Wyden (D-OR).
Date: May 17, 2002.

Editor's Notes:
  • This manager's amendment in the nature of a substitute was approved by unanimous consent at the Senate Commerce Committee's mark up session of May 17, 2002.
  • The Office of Sen. Conrad Burns (R-MT) kindly provided Tech Law Journal with a PDF copy of this amendment.
  • TLJ converted this PDF copy into HTML. Several features were eliminated during the conversion, including pagination, double spacing, and line numbering.


Sen. Wyden


COMMITTEE AMENDMENT

[STAFF WORKING DRAFT]

May 14, 2002

Purpose: To establish a national emergency technology guard so that communities across the country can locate science and technology volunteers in times of emergency; to facilitate the spread of cutting-edge technologies to homeland security and emergency relief agencies by creating a center for evaluating antiterrorism and disaster response technology.

IN THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION —107TH Cong., 2D Sess.

S. 2037, 107TH Congress, 2D Session

MAY 16, 2002

INTENDED to be proposed by Mr. WYDEN (FOR HIMSELF AND MR. ALLEN)

Viz: Strike out all after the enacting clause and insert the following:

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:

(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—

SEC. 3. ESTABLISHMENT OF NATIONAL EMERGENCY TECHNOLOGY GUARD.

(a) IN GENERAL.—Not later than 1 year after the date of enactment, the President shall designate within an appropriate department, agency, or office a repository database of nongovernmental technology and science experts who have offered to help Federal agencies counter terrorism and can be mobilized.

(b) NET GUARD DISASTER RESPONSE TEAMS.—

(d) ADDITIONAL AUTHORITIES.—The head of the entity designated may—

SEC. 4. CENTER FOR CIVILIAN HOMELAND SECURITY TECHNOLOGY EVALUATION.

(a) IN GENERAL.—The President may 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—

(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.—

(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 may 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 agency shall make grants under the program of $5,000,000 each to 7 different States for pilot projects under the program.

(c) CRITERIA; ADMINISTRATIVE PROVISIONS.—The head of the entity designated in 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 entity 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 Congress setting forth policy options for ensuring that emergency officials and first responders have access to effective and reliable wireless communications capabilities. The report shall include an examination of the possibility of—

(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 to the department, agency, or officer to which subsection 3(a) refers $5,000,000 for each of fiscal years 2003 and 2004 to carry out section 3.

(b) PIOLT PROGRAMS.—There are authorized to be appropriated to the entity designated in subsection 5(a) $35,000,000 for fiscal year 2003 to carry out section 5 of this Act, such seems to remain available until expended.

(c) REPORT.—There are authorized to be appropriated to the entity designated in subsection 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: