[Senate Report 116-285]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 577

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-285

======================================================================

                        SUPPORTING RESEARCH AND

                         DEVELOPMENT FOR FIRST 
                             RESPONDERS ACT

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                H.R. 542

             TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO
  ESTABLISH NATIONAL URBAN SECURITY TECHNOLOGY, AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                November 9, 2020.--Ordered to be printed
                
                              __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2020                     
          
-----------------------------------------------------------------------------------         
              
                
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
             Shani M. Rosenstock, Professional Staff Member
            Christopher S. Boness, Professional Staff Member
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
              Corban G. Ryan, Minority Research Assistant
                     Laura W. Kilbride, Chief Clerk


                                                  Calendar No. 577

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-285

======================================================================
 
     SUPPORTING RESEARCH AND DEVELOPMENT FOR FIRST RESPONDERS ACT

                                _______
                                

                November 9, 2020.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, 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 and Governmental 
Affairs, to which 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, reports 
favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Act, as Reported.............5

                         I. Purpose and Summary

    H.R. 542, the Supporting Research and Development for First 
Responders Act, amends the Homeland Security Act of 2002 to 
codify the existing National Urban Security Technology 
Laboratory (NUSTL) within the Department of Homeland Security's 
(DHS) Science and Technology Directorate (S&T). NUSTL is 
required to provide technical advisory services to emergency 
response providers and carry out other activities determined by 
the Secretary to assist emergency response providers in 
preparing for and protecting against terrorism threats. The 
laboratory is also responsible for testing emerging 
technologies including cybersecurity technologies for emergency 
response providers and conducting research and development on 
radiological and nuclear response and recovery.

              II. Background and the Need for Legislation

    The NUSTL, founded in 1947, provides the nation's first 
responder community the necessary services to prevent and 
respond to homeland security threats and support national 
security efforts.\1\ The laboratory was initially established 
as part of the Medical Division of the Atomic Energy Commission 
for the purpose of serving research efforts leading to the 
development of the atomic bomb.\2\ In 1977, the laboratory 
changed its named from the Energy Research and Development 
Administration's Health & Safety Laboratory to the 
Environmental Measurements Laboratory (EML).\3\ Also in 1977, 
EML was transferred to the newly-created U.S. Department of 
Energy (DOE). While under DOE, the laboratory performed 
extensive environmental radiation and nuclear tests.\4\
---------------------------------------------------------------------------
    \1\National Urban Security Technology Laboratory, DHS Sci. & Tech. 
Directorate (Mar. 28, 2018), https://www.dhs.gov/sites/default/files/
publications/849_NUSTL_NUSTL- FactSheet_
180328-508.pdf.
    \2\News Release, U.S. Dep't of Homeland Security, DHS S&T 
Laboratory Celebrates 70+ Years of Service (Nov. 20, 2017), https://
www.dhs.gov/science-and-technology/news/2017/11/20/
responder-news-dhs-st-laboratory-celebrates-70-years-service.
    \3\Id.
    \4\The Environmental Measurements Laboratory, U.S. Dep't of Energy, 
https://www.wipp.energy.gov/NAMP/EMLLegacy/ (last visited July 22, 
2020).
---------------------------------------------------------------------------
    After the September 11, 2001 terrorist attacks, the 
Department of Homeland Security (DHS) was created. In 2003, EML 
was transferred from DOE to the newly created DHS Science and 
Technology (S&T) Directorate.\5\ The name of the laboratory was 
changed to the NUSTL in 2009.\6\
---------------------------------------------------------------------------
    \5\Id.
    \6\Id.
---------------------------------------------------------------------------
    The mission of NUSTL is to provide research, testing, and 
evaluation capabilities that prevent terrorist attacks and 
respond to threats to the nation.\7\ The laboratory partners 
with technology end-users to effectively plan and execute 
tests, evaluations and assessments of existing and emerging 
technologies and develop viable solutions to radiological and 
nuclear threats.\8\ It also supports the transition of homeland 
security technologies into field use for first responders, and 
works side-by-side with them as a technical advisor.\9\ 
Additionally, NUSTL serves as a spot for the first responder 
community to collaborate and work together on relevant 
technology and equipment.\10\
---------------------------------------------------------------------------
    \7\Id.
    \8\National Urban Security Technology Laboratory, DHS Sci. & Tech. 
Directorate (Mar. 28, 2018), https://www.dhs.gov/sites/default/files/
publications/849_NUSTL_NUSTL-FactSheet_
180328-508.pdf.
    \9\Id.
    \10\History of the Environmental Measurements Laboratory, U.S. 
Dep't of Energy, https://www.wipp.energy.gov/NAMP/EMLLegacy/history.htm 
(last visited Aug. 3, 2020).
---------------------------------------------------------------------------
    The laboratory also manages the System Assessment and 
Validation for Emergency Responders (SAVER) Program that 
assesses available technology and equipment and assists 
emergency responders in making procurement decisions.\11\ The 
SAVER Program provides emergency responders with necessary 
information to make effective decisions on equipment and 
technology use, maintenance, and acquisitions.\12\
---------------------------------------------------------------------------
    \11\System Assessment and Validation for Emergency Responders 
(SAVER) Program, U.S. Dep't of Homeland Sec. Sci. & Tech. Directorate, 
https://www.dhs.gov/science-and-technology/saver (July 22, 2020).
    \12\Id.
---------------------------------------------------------------------------
    This Act codifies the existing NUSTL laboratory within DHS. 
In 2006, Congress established the Domestic Nuclear Detection 
Office (DNDO) and transferred authorities related to the 
prevention of ``radiological, nuclear'' threats from S&T to 
DNDO.\13\ Then in 2018, Congress reorganized DNDO as part of 
the Countering Weapons of Mass Destruction Office (CWMD). In 
this restructuring of DNDO as CWMD, radiological and nuclear 
threat prevention remained within the CWMD office.\14\ To 
account for this, H.R. 542 also provides authority for DHS S&T 
to conduct research and development on radiological and nuclear 
response and recovery at the NUSTL facility.
---------------------------------------------------------------------------
    \13\Security and Accountability for Every (SAFE) Port Act of 2006, 
Pub. L. No. 109-347, Sec. 501(b)(2), 120 Stat. 1884, 1935 (2006).
    \14\Doing Business with the Domestic Nuclear Detection Office 
(DNDO), U.S. Dep't of Homeland Sec., https://www.dhs.gov/doing-
business-dndo#: cents:text=policy%20or%20programs.-,Doing%20
Business%20with%20the%20Domestic%20Nuclear%20Detection%20Office%20(DNDO)
,well%20
as%20other%20DHS%20elements (last updated July 16, 2009).
---------------------------------------------------------------------------

                        III. Legislative History

    H.R. 542 was introduced in the U.S. House of 
Representatives by Representatives Kathleen Rice and Peter King 
on January 14, 2019. On June 10, 2019, the Act passed in the 
House of Representatives by a roll call vote (395-3) under 
suspension of the rules.\15\
---------------------------------------------------------------------------
    \15\Supporting Research and Development for First Responders Act, 
H.R. 542, 116th Cong. Sec.  2 (2019), https://www.congress.gov/bill/
116th-congress/house-bill/542/text?q=%7B%22search%22%
3A%5B%22Kathleen+rice%22%5D%7D&r=567&s=3.
---------------------------------------------------------------------------
    The Act was referred to the Senate Committee on Homeland 
Security and Governmental Affairs on June 11, 2019. The 
Committee considered H.R. 542 at its July 22, 2020 business 
meeting. Chairman Johnson offered a substitute amendment that 
authorized an exception for DHS S&T to administer a laboratory 
to conduct research and development on radiological and nuclear 
response and recovery. H.R. 452, as amended by the Johnson 
substitute amendment, was reported favorably by voice vote en 
bloc by the Committee. Senators present for the en bloc votes 
on the substitute amendment and the Act as amended were 
Johnson, Portman, Paul, Lankford, Romney, Scott, Enzi, Hawley, 
Peters, Carper, Hassan, Harris, and Rosen.

        IV. Section-by-Section Analysis of the Act, as Reported


Section 1. Short title

    This section establishes the short title of the Act as the 
``Supporting Research and Development for First Responders 
Act.''

Section 2. The National Urban Security Technology Laboratory

    Subsection (a) tasks the Secretary, acting through the 
Under Secretary for S&T, to designate the existing NUSTL as a 
laboratory to (1) test and evaluate emerging technologies, and 
(2) conduct research and development to assist emergency 
response providers in preparing for, and protecting against, 
threats of terrorism.
    Subsection (b) describes the laboratory as the NUSTL, which 
was previously known as the EML, and codifies the transfer to 
DHS.
    Subsection (c) requires the designated laboratory to 
conduct tests, evaluations, and assessments of current and 
emerging technologies, including cybersecurity technologies, 
for emergency response providers. This subsection also requires 
the laboratory to conduct research and development on 
radiological and nuclear response and recovery. In addition, it 
requires the laboratory to act as a technical advisor to 
emergency response providers and carry out other activities 
that the Secretary determines appropriate. Lastly, this 
subsection creates an exception for S&T to administer a lab 
that is authorized to conduct research and development on 
radiological and nuclear response and recovery.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this Act and determined 
that the Act will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the Act contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 30, 2020.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 542, the 
Supporting Research and Development for First Responders Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lindsay 
Wylie.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 542 would codify laboratory programs that currently 
exist at the Department of Homeland Security (DHS). Because DHS 
is currently carrying out activities similar to those that 
would be required by this act and any new activities required 
under the legislation would not require substantial action by 
the department, CBO estimates that implementing H.R. 542 would 
not have a significant cost. Any spending would be subject to 
the availability of appropriated funds.
    On May 22, 2019, CBO transmitted a cost estimate for H.R. 
542, the Supporting Research and Development for First 
Responders Act, as ordered reported by the House Committee on 
Homeland Security on May 15, 2019. The two pieces of 
legislation are similar, and CBO's estimates of their budgetary 
effects are the same.
    The CBO staff contact for this estimate is Lindsay Wylie. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

       VII. Changes in Existing Law made by the Act, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in 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

           *       *       *       *       *       *       *


SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) * * *
    (b) Table of Contents.--The table of contents for this Act 
is as follows:
          Sec. 1. Short title; table of contents.

           *       *       *       *       *       *       *

          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) notwithstanding the amendments made by section 
        501(b)(2) of the SAFE Port Act (Public Law 109-347; 120 
        Stat. 1935), 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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