[House Report 115-756]
[From the U.S. Government Publishing Office]


115th Congress   }                                  {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                  {          115-756
======================================================================



 
      SUPPORTING RESEARCH AND DEVELOPMENT FOR FIRST RESPONDERS ACT

                                _______
                                

 June 14, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4991]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4991) to amend the Homeland Security Act of 2002 
to establish the National Urban Security Technology Laboratory, 
and for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Disclosure of Directed Rule Makings..............................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    H.R. 4991 authorizes the National Urban Security Technology 
Laboratory (NUSTL) within the Department of Homeland Security's 
Science and Technology Directorate (S&T). NUSTL is a one of a 
kind test and evaluation laboratory for the first responder 
community. Additionally, NUSTL conducts radiological and 
nuclear research and development (R&D).

                  Background and Need for Legislation

    NUSTL has supported national security efforts for more than 
70 years. In 1947, the laboratory was established to support 
atomic energy activities. For over 50 years, this laboratory 
conducted numerous radiological and nuclear R&D projects and 
was known as the Environmental Measurements Laboratory (EML). 
EML was transferred to the Department of Homeland Security from 
the Department of Energy in 2003.\1\ In 2009, the Department of 
Homeland Security officially changed the name of the laboratory 
to the National Urban Security Technology Laboratory.\2\
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    \1\6 USC 183
    \2\National Urban Security Technology Laboratory Annual Report 
Fiscal Year 2016. At 5. Available at: https://www.dhs.gov/sites/
default/files/publications/NUSTL_Annual-Report-FY2016 _web_171012-
508_0.pdf.
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    NUSTL is one of five laboratories overseen by S&T. Housed 
within S&T's First Responders Group, NUSTL has become a one of 
a kind test and evaluation laboratory for first responders. One 
of NUSTL's programs is the System Assessment and Validation for 
Emergency Responders or SAVER. The intent of SAVER is to 
conduct impartial assessments and validations on current and 
emerging first responders' equipment. SAVER has conducted and 
published more than 1,000 assessments on equipment used by 
first responders.\3\ These assessments range from high-level 
overviews to in-depth comparative evaluation of selected 
equipment based on criteria established by first responders.\4\
---------------------------------------------------------------------------
    \3\``System Assessment and Validation for Emergency Responders 
(SAVER) Program, Science and Technology Directorate, available at: 
https://www.dhs.gov/science-and-technology/saver.
    \4\System Assessment and Validation for Emergency Responders, 
Science and Technology Directorate, available at: https://www.dhs.gov/
sites/default/files/publications/SAVER%20One%20 Pager%2007072016-
508.pdf.
---------------------------------------------------------------------------
    In addition to NUSTL's test and evaluation programs, NUSTL 
conducts radiological and nuclear R&D. NUSTL's R&D focused on 
response and recovery efforts. Such R&D seeks to improve 
decision making and response to minimize damages, including the 
loss of life, after a radiological incident.
    In both the Fiscal Year 2018 and 2019 budget requests, the 
Administration proposed closing NUSTL along with two additional 
S&T laboratories.\5\ However, Congress rejected the proposal 
and funded all three laboratories in the Consolidated 
Appropriations Act of 2018.\6\
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    \5\ In the Fiscal Year 2018 budget request, the additional 
laboratories were the Chemical Security Analysis Center (CSAC) and the 
National Biodefense Analysis and Countermeasures Center (NBACC). 
However, in the Fiscal Year 2019 budget request, funding for NBACC was 
restored whereas the Administration proposed closing NUSTL and CSAC.
    \6\Pub.L. 115-141.
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    Chairman Donovan introduced H.R. 4991 in February with the 
goal of authorizing NUSTL and the activities described above to 
ensure S&T continues to support first responders through 
NUSTL's projects and programs.

                                Hearings

    No hearings were specifically held on H.R. 4991 in the 
115th Congress. However, on November 7, 2017, the Subcommittee 
on Emergency Preparedness, Response, and Communications held a 
hearing entitled ``How Effective is the Science and Technology 
Directorate?: Stakeholder Perspectices'' at which witnesses 
discussed NUSTL and the benefits of its work. At the hearing, 
the Subcommittee heard from S&T stakeholders about the 
importance of keeping NUSTL operational.\7\ During the hearing, 
Chief Timothy Rice from the New York City Fire Department 
(FDNY) highlighted that
---------------------------------------------------------------------------
    \7\Chief Timothy Rice, Battalion Chief, Weapons of Mass Destruction 
Branch Coordinator, City of New York Fire Department, Testimony before 
the Committee on Homeland Security's Subcommittee on Emergency 
Preparedness, Response, and Communications, November 7, 2017.
---------------------------------------------------------------------------
        [t]hrough our frequent and valuable interactions with 
        NUSTL, the FDNY has greatly benefited from our 
        partnership with S&T. The advantages of this 
        relationship, both tangible and intangible, strengthen 
        the department's ability to save life and property, and 
        ultimately, make the people of New York and millions of 
        visitors to the region safer each day.\8\
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    \8\Id.
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                        Committee Consideration

    The Committee met on June 6, 2018, to consider H.R. 4991, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by unanimous 
consent.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R.4991.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4991, the Supporting Research and Development for First 
Responders Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 4991 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goals and objectives of H.R. 4991 are to authorize the 
activities of the National Urban Security Technology Laboratory 
in support for first responders.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4911 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 4991 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4991 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Supporting Research and Development for First Responders 
Act''.

Section 2.   National Urban Security Technology Laboratory.

    This section authorizes the National Urban Security 
Technology Laboratory (previously known as the Environmental 
Measurements Laboratory) pursuant to the authority under 
section 308(c)(2) of the Homeland Security Act of 2002. This 
section gives the Secretary, acting through the Under Secretary 
for Science and Technology, the authority to establish a 
headquarters laboratory and additional laboratories for the 
Department of Homeland Security. Currently, NUSTL is one of the 
five laboratories overseen by the Department of Homeland 
Security's Science and Technology Directorate.
    Additionally, this section authorizes NUSTL's activities, 
including conducting testing, evaluations, assessments of 
current and emerging technologies for first responders and 
conducting radiological and nuclear research and development.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic and existing law in which no change 
is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:
Sec. 1. Short title, table of contents.
     * * * * * * *

    TITLE III SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

     * * * * * * *
Sec. 317. Promoting antiterrorism through international cooperation 
          program.
[Sec. 318. Social media working group.
[Sec. 319. EMP and GMD mitigation research and development.
[Sec. 319. Transparency in research and development.]
Sec. 318. Social media working group.
Sec. 319. Transparency in research and development.
Sec. 320. EMP and GMD mitigation research and development.
Sec. 321. National Urban Security Technology Laboratory.

           *       *       *       *       *       *       *


TITLE III SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. [319.] 320. EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT.

    (a) In General.--In furtherance of domestic preparedness 
and response, the Secretary, acting through the Under Secretary 
for Science and Technology, and in consultation with other 
relevant executive agencies, relevant State, local, and tribal 
governments, and relevant owners and operators of critical 
infrastructure, shall, to the extent practicable, conduct 
research and development to mitigate the consequences of 
threats of EMP and GMD.
    (b) Scope.--The scope of the research and development under 
subsection (a) shall include the following:
          (1) An objective scientific analysis--
                  (A) evaluating the risks to critical 
                infrastructure from a range of threats of EMP 
                and GMD; and
                  (B) which shall--
                          (i) be conducted in conjunction with 
                        the Office of Intelligence and 
                        Analysis; and
                          (ii) include a review and comparison 
                        of the range of threats and hazards 
                        facing critical infrastructure of the 
                        electrical grid.
          (2) Determination of the critical utilities and 
        national security assets and infrastructure that are at 
        risk from threats of EMP and GMD.
          (3) An evaluation of emergency planning and response 
        technologies that would address the findings and 
        recommendations of experts, including those of the 
        Commission to Assess the Threat to the United States 
        from Electromagnetic Pulse Attack, which shall include 
        a review of the feasibility of rapidly isolating one or 
        more portions of the electrical grid from the main 
        electrical grid.
          (4) An analysis of technology options that are 
        available to improve the resiliency of critical 
        infrastructure to threats of EMP and GMD, including an 
        analysis of neutral current blocking devices that may 
        protect high-voltage transmission lines.
          (5) The restoration and recovery capabilities of 
        critical infrastructure under differing levels of 
        damage and disruption from various threats of EMP and 
        GMD, as informed by the objective scientific analysis 
        conducted under paragraph (1).
          (6) An analysis of the feasibility of a real-time 
        alert system to inform electrical grid operators and 
        other stakeholders within milliseconds of a high-
        altitude nuclear explosion.
    (c) Exemption from disclosure.--
          (1) Information shared with the Federal Government.--
        Section 214, and any regulations issued pursuant to 
        such section, shall apply to any information shared 
        with the Federal Government under this section.
          (2) Information shared by the Federal Government.--
        Information shared by the Federal Government with a 
        State, local, or tribal government under this section 
        shall be exempt from disclosure under any provision of 
        State, local, or tribal freedom of information law, 
        open government law, open meetings law, open records 
        law, sunshine law, or similar law requiring the 
        disclosure of information or records.

SEC. 321. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.

    (a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall designate the 
laboratory described in subsection (b) as an additional 
laboratory pursuant to the authority under section 308(c)(2). 
Such laboratory shall be used to test and evaluate emerging 
technologies and conduct research and development to assist 
emergency response providers in preparing for, and protecting 
against, threats of terrorism.
    (b) Laboratory Described.--The laboratory described in this 
subsection is the laboratory--
          (1) known, as of the date of the enactment of this 
        section, as the National Urban Security Technology 
        Laboratory;
          (2) previously known as the Environmental 
        Measurements Laboratory; and
          (3) transferred to the Department pursuant to section 
        303(1)(E).
    (c) Laboratory Activities.--The laboratory designated 
pursuant to subsection (a), shall--
          (1) conduct tests, evaluations, and assessments of 
        current and emerging technologies for emergency 
        response providers;
          (2) conduct research and development on radiological 
        and nuclear response and recovery;
          (3) act as a technical advisor to emergency response 
        providers; and
          (4) carry out other such activities as the Secretary 
        determines appropriate.

           *       *       *       *       *       *       *


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