[House Report 116-87]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-87
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SUPPORTING RESEARCH AND DEVELOPMENT FOR FIRST RESPONDERS ACT
_______
May 28, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 542]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 542) 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..................................... 4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 4
Federal Mandates Statement....................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
H.R. 542, the ``Supporting Research and Development for
First Responders Act,'' amends the Homeland Security Act of
2002 to authorize the National Urban Security Technology
Laboratory (NUSTL) within the Department of Homeland Security's
Science and Technology Directorate (S&T). Located in Manhattan,
New York, NUSTL is the only national laboratory focused on
supporting the needs of state and local first responders and is
tasked with testing, evaluation, and research and development
(R&D) activities. Additionally, NUSTL conducts nuclear and
radiological R&D in support of response and recovery as well as
provides technical advisory services to emergency response
professionals. In the Fiscal Year 2018, 2019, and 2020 budget
requests, the Trump Administration proposed closing NUSTL along
with other Homeland Security laboratories and centers of
excellence. Last Congress, a nearly identical version to H.R.
542 passed the full House by a voice vote.
Background and Need for Legislation
Since 1947, the National Urban Security Technology
Laboratory (NUSTL) has worked to support national security
efforts. Initially established as the Health & Safety
Laboratory of the medical division of the Atomic Energy
Commission, NUSTL was formed to research environmental
monitoring of radioactive fallout from nuclear weapons tests
along with other nuclear and radiological research questions.
In 1977, the laboratory's name changed to the Environmental
Measurements Laboratory (EML) and was incorporated into the
newly created Department of Energy. During this time, the
laboratory's research focus centered on environmental radiation
monitoring, decontamination, and remediation efforts. In 2003,
EML was transferred to the Department of Homeland Security
(DHS) from the Department of Energy\1\ and in 2009 DHS 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. Page 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 DHS Science &
Technology (S&T) Directorate. Located within S&T's First
Responders Group, NUSTL is a unique resource for the emergency
preparedness community by serving as test and evaluation
laboratory for first responder technology. NUSTL carries out
the System Assessment and Validation for Emergency Responders
(SAVER) program that assesses commercially-available first
responder equipment. The results of SAVER assessments are
shared with the first responder community to enable them to
better select, acquire, and use the latest emergency response
technology and equipment.\3\ NUSTL also conducts research into
response and recovery from nuclear and radiological events.
Such research helps improve radiological response capabilities
at all levels of government to minimize impact to communities
in the aftermath of a nuclear or radiological incident.\4\
Additionally, NUSTL serves as platform for the first responder
community to collaborate, exchange information on the latest
relevant technology, applications, and training.\5\
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\3\National Urban Security Technology Laboratory Annual Report
Fiscal Year 2017. Page 5. Available at: https://www.dhs.gov/
publication/st-nustl-annual-report-2017
\4\Radiological/Nuclear Response and Recovery Research &
Development Fact Sheet. Available at: https://www.dhs.gov/publication/
rnrr-nustl-fact-sheet
\5\National Urban Security Technology Laboratory Annual Report
Fiscal Year 2017. Page 20.
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The Trump Administration proposed closing NUSTL in the
Fiscal Year 2018, 2019, and 2020 budget requests.\6\\7\
However, Congress rejected the proposal and funded NUSTL.\8\
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\6\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.
\7\In the Fiscal Year 2020 budget request, the DHS Science &
Technology directorate's budget was cut by $219 million. If enacted,
the directorate would need to close its laboratories to accommodate the
budget decrease.
\8\P.L. 115-141.
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Last Congress, an earlier version of the bill, H.R. 4991,
passed the House by voice vote. Representative Kathleen Rice
(D-NY) reintroduced the measure in the 116th Congress with
Representative Peter King (R-NY) to authorize NUSTL to ensure
that it continues to contribute to bolstering first responder
preparedness and response capabilities.
Hearings
The Committee did not hold a legislative hearing on H.R.
542 in the 116th Congress. However, on November 7, 2017 in the
115th Congress, the Subcommittee on Emergency Preparedness,
Response, and Communications held a hearing entitled ``How
Effective is the Science and Technology Directorate?:
Stakeholder Perspectives'' 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.\9\ During the hearing, Chief Timothy Rice
from the New York City Fire Department (FDNY) highlighted that:
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\9\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.\10\
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\10\Id.
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Committee Consideration
The Committee met on May 15, 2019, with a quorum being
present, to consider H.R. 542 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. 542.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Congressional Budget Office Estimate New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee adopts as its
own the estimate of the estimate of new budget authority,
entitlement authority, or tax expenditures or revenues
contained in the cost estimate prepared by the Director of the
Congressional Budget Office.
On May 15, the House Committee on Homeland Security ordered
reported the following bills:
H.R. 542, the Supporting Research and
Development for First Responders Act, which would
codify laboratory programs that currently exist at the
Department of Homeland Security (DHS);
H.R. 2589, the Unifying DHS Intelligence
Enterprise Act, which would direct DHS to manage and
provide guidance for the use of intelligence throughout
the department;
H.R. 2590, the DHS Overseas Personnel
Enhancement Act of 2019, which would require DHS to
devise a plan to improve the effectiveness of
department personnel who are stationed at foreign
locations;
H.R. 2609, the DHS Acquisition Review Board
Act of 2019, which would direct the department to
establish a board to review major acquisition programs
and enhance accountability and uniformity in the review
process for DHS acquisitions; and
H.R. 2621, the Homeland Security Assessment
of Terrorists Use of Ghost Guns Act, which would
require DHS to evaluate the threat posed by firearms
without unique serial numbers.
DHS is currently carrying out activities similar to those
required by the bills listed above, and any new activities
required under the legislation would not require substantial
action by the department. Thus, CBO estimates that implementing
each bill would not significantly affect spending by DHS.
The CBO staff contact for these estimates is Mark
Grabowicz. The estimates were reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 542 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
542 would require the following general performance goals and
objectives, including outcome related goals and objectives
authorized.
The goals and objectives of H.R. 542 are to authorize the
activities of the National Urban Security Technology Laboratory
to support first responders and emergency preparedness
officials through NUSTL's projects and programs.
Advisory on Earmarks
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(d), 9(e), or 9(f) of the rule
XXI.
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''.
Sec. 2. National Urban Security Technology Laboratory
Amends title III of the Homeland Security Act of 2002 by
adding a new section directing the Secretary of Homeland
Security, acting through the Under Secretary for Science and
Technology, to designate the National Urban Security Technology
Laboratory as an S&T laboratory responsible for testing and
evaluating emerging technologies and conducting research and
development to assist emergency response providers in preparing
for, and protecting against, threats of terrorism.
The legislation directs the laboratory to conduct tests,
evaluations, and assessments of current and emerging
technologies for emergency responders; conduct research and
development on radiological and nuclear response and recovery;
act as a technical advisor to emergency response providers; and
carry out other such activities as appropriate.
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 (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. 321. National Urban Security Technology Laboratory.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
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, including, as
appropriate, cybersecurity of such technologies that
can connect to the internet, 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.
* * * * * * *