[House Report 114-295]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-295
======================================================================
SECURING THE CITIES ACT OF 2015
_______
October 20, 2015.--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. 3493]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3493) to amend the Homeland Security Act of 2002
to establish the Securing the Cities program to enhance the
ability of the United States to detect and prevent terrorist
attacks and other high consequence events utilizing nuclear or
other radiological materials that pose a high risk to homeland
security in high-risk urban areas, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing the Cities Act of 2015''.
SEC. 2. SECURING THE CITIES PROGRAM.
(a) In General.--Title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) is amended by adding at the end the following new
section:
``SEC. 1908. SECURING THE CITIES PROGRAM.
``(a) Establishment.--The Director for Domestic Nuclear Detection
shall establish the `Securing the Cities' (`STC') program to enhance
the ability of the United States to detect and prevent terrorist
attacks and other high consequence events utilizing nuclear or other
radiological materials that pose a high risk to homeland security in
high-risk urban areas. Through such program the Director shall--
``(1) assist State, local, tribal, and territorial
governments in designing and implementing, or enhancing
existing, architectures for coordinated and integrated
detection and interdiction of nuclear or other radiological
materials that are out of regulatory control;
``(2) support the development of a region-wide operating
capability to detect and report on nuclear and other
radioactive materials out of operational control;
``(3) provide resources to enhance detection, analysis,
communication, and coordination to better integrate State,
local, tribal, and territorial assets into Federal operations;
``(4) facilitate alarm adjudication and provide subject
matter expertise and technical assistance on concepts of
operations, training, exercises, and alarm response protocols;
``(5) communicate with, and promote sharing of information
about the presence or detection of nuclear or other
radiological materials among appropriate Federal, State, local,
tribal, and territorial governments, in a manner that ensures
transparency with the jurisdictions served by such program; and
``(6) provide any other assistance the Director determines
appropriate.
``(b) Designation of Jurisdictions.--In carrying out the program
under subsection (a), the Director shall designate jurisdictions from
among high-risk urban areas under section 2003, and other cities and
regions, as appropriate.
``(c) Congressional Notification.--The Director shall notify the
Committee on Homeland Security and the Committee on Appropriations of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
not later than three days before the designation of new jurisdictions
under subsection (b) or other changes to participating jurisdictions.
``(d) GAO Report.--Not later than one year after the date of the
enactment of this section, the Comptroller General of the United States
shall submit to the congressional committees specified in subsection
(c) an assessment, including an evaluation of the effectiveness, of the
STC program under this section.
``(e) Prohibition on Additional Funding.--No funds are authorized to
be appropriated to carry out this section. This section shall be
carried out using amounts otherwise appropriated or made available for
such purpose.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 1907 the following new item:
``Sec. 1908. Securing the Cities program.''.
SEC. 3. MODEL EXERCISES.
Not later than 120 days after the date of the enactment of this Act,
the Director for Domestic Nuclear Detection of the Department of
Homeland Security shall report to the Committee on Homeland Security
and the Committee on Appropriations of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate on the feasibility of the
Director developing model exercises to test the preparedness of
jurisdictions participating in the Securing the Cities program under
section 1908 of the Homeland Security Act of 2002 (as added by section
2 of this Act) in meeting the challenges that may be posed by a range
of nuclear and radiological threats.
Purpose and Summary
H.R. 3493, the Securing the Cities Act of 2015, would
establish the Securing the Cities Program (STC) within the
Domestic Nuclear Detection Office (DNDO). It would require the
Director of DNDO to assist state and local governments by
designing, implementing, and enhancing capabilities for
coordinating detection and interdiction of nuclear or other
radiological materials. The legislation would provide resources
to enhance detection, analysis, communication and coordination
and increased oversight and accountability by requiring the
Government Accountability Office (GAO) to conduct a review on
the effectiveness of the program.
Background and Need for Legislation
Terrorists and rogue nation states continue to show keen
interest in developing `crude' nuclear weapons. Given the
increasing threat of terrorist safe havens in Iraq and Syria,
and the sophistication of these groups, it is imperative that
the U.S. remains vigilant in preventing and deterring nuclear
smuggling and terrorism.
DNDO was established within the Department of Homeland
Security (DHS) to be the lead agency within the U.S. Government
for implementing domestic nuclear detection efforts, managing a
coordinated response to radiological and nuclear threats, and
integrating federal nuclear forensic programs. Additionally,
DNDO coordinates the development of global nuclear detection
with partners from Federal, State, local, and international
governments, and the private sector.
Hearings
On February 12, 2015, the Subcommittee held a hearing
entitled ``Emerging Threats and Technologies to Protect the
Homeland.'' The Subcommittee received testimony from Mr. Andy
Ozment, Assistant Secretary, Office of Cybersecurity and
Communications, National Protection and Programs Directorate,
U.S. Department of Homeland Security; Dr. Huban Gowadia,
Director, Domestic Nuclear Detection Office, U.S. Department of
Homeland Security; Mr. Joseph Martin, Acting Director, Homeland
Security Enterprise and First Responders Group, Science and
Technology Directorate, U.S. Department of Homeland Security;
Mr. William Noonan, Deputy Special Agent in Charge, Criminal
Investigative Division, Cyber Operations Branch, United States
Secret Service, U.S. Department of Homeland Security; and Mr.
William Painter, Analyst, Government and Finance Division,
Congressional Research Service, Library of Congress.
On July 14, 2015, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies and the
Subcommittee on Emergency Preparedness, Response, and
Communications held a joint hearing entitled ``Weapons of Mass
Destruction: Bolstering DHS to Combat Persistent Threats to
America.'' The Subcommittees received testimony from Dr.
Reginald Brothers, Under Secretary for Science and Technology,
U.S. Department of Homeland Security; Dr. Kathryn Brinsfield,
Assistant Secretary, Office of Health Affairs, U.S. Department
of Homeland Security; Dr. Huban Gowadia, Director, Domestic
Nuclear Detection Office, U.S. Department of Homeland Security;
Mr. Alan D. Cohn, Counsel, Steptoe & Johnson LLP; Mr. Rick
``Ozzie'' Nelson, Senior Associate, Homeland Security and
Counterterrorism Program, Center for Strategic and
International Studies; and Mr. Warren Stern, Former Director,
Domestic Nuclear Detection Office, U.S. Department of Homeland
Security.
Committee Consideration
The Committee met on September 30, 2015, to consider
H.R.3493, and ordered the measure to be reported to the House
with a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 1417 offered by Ms. Jackson Lee (#1); was
AGREED TO by voice vote.
Add at the end of the bill a new section entitled ``Sec. 3. Model
Exercises.''
The Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies met on September 17,
2015, to consider H.R. 3493 and reported the measure to the
Full Committee with a favorable recommendation, without
amendment, by voice vote.
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.3493.
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.
3493, the Securing the Cities Act of 2015, would result in no
new or increased budget authority, entitlement authority, or
tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 7, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3493, the Securing
the Cities Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 3493--Securing the Cities Act of 2015
H.R. 3493 would establish in the Department of Homeland
Security (DHS) the Securing the Cities initiative, a program to
detect illicit nuclear and radiological material in urban
areas. The bill also would require the Government
Accountability Office (GAO) to report to the Congress on the
effectiveness of this program.
DHS is currently carrying out activities similar to those
required by the bill, and CBO estimates that implementing H.R.
3493 would not significantly affect spending by DHS. Based on
the cost of similar reports, we estimate that it would cost GAO
less than $500,000 to prepare the report required by the bill;
any costs would be subject to the availability of appropriated
funds. Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
H.R. 3493 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
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. 3493 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The STC program trains and equips law enforcement personnel
to be proficient in the use of radiological and nuclear
detection equipment and guides them through detection and
response protocols. The New York City (NYC) region includes two
major metropolitan areas (NYC and Jersey City/Newark) and was
the first to participate in this initiative. It has now
expanded to include the National Capital Region, Los Angeles
and Long Beach, Houston, and Chicago.
The legislation requires GAO to review and report to
Congress on the effectiveness of the Securing the Cities
Program.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 3493 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
This legislation does not establish a new program. However
the Committee notes that the Securing the Cities Program is
operated by the Domestic Nuclear Detection Office and is
codified through this legislation.
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
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.
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. 3493 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3493 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 bill may be cited as the
`Securing the Cities Act of 2015''.
Sec. 2. Securing the Cities Program
Section 2 establishes within Title XIX of the Homeland
Security Act of 2002, (6 U.S.C. 591) the Securing the Cities
Program.
``Sec. 1908. Securing the Cities Program.
sec. 1908(a). establishment.
Subsection (a) requires the Director for the Domestic
Nuclear Detection Office to establish the Securing the Cities
Program.
The Director of the Securing the Cities program is required
to: (1) Assist State, local, tribal, and territorial
governments in designing and implementing, or enhancing
existing architectures for a coordinated and integrated
detection and interdiction of nuclear or radiological material;
(2) Support the development of a region-wide operating
capability to detect and report on nuclear or radiological
material and provide resources to enhance detection, analysis,
communication, and coordination to better integrate State,
local, Tribal and territorial assets into Federal operations;
(3) Facilitate alarm adjudication and provide subject matter
expertise and technical assistance on concepts of operations,
training and exercises; and (4) Communicate with and promote
the sharing of information about the presence or detection of
nuclear or radiological materials among appropriate Federal,
State, local, Tribal and territorial governments.
sec. 1908(b). designation of jurisdictions.
This subsection requires the Director to designate
jurisdictions, other cities and regions from among high-risk
urban areas under section 2003 of the Homeland Security Act of
2002.
sec. 1908(c). congressional notification.
This subsection requires the Director to notify Congress
not later than three days before the designation of new
jurisdictions under subsection (b) or other changes to
participating jurisdictions.
sec. 1908(d). gao report.
This subsection requires the GAO to submit to Congress not
later than one year after the date of enactment an assessment,
including an evaluation of the effectiveness, of the STC
program under this section.
sec. 1908(e). prohibition on additional funding.
This subsection prohibits the authorization of additional
appropriations for this program, the Director shall use
existing, appropriated, funds.
sec. 1908(f). clerical amendment.
This subsection makes clerical amendments to the Homeland
Security Act by inserting a new table of contents section.
Sec. 3. Model exercises
This section requires the Director to report to Congress on
the feasibility of developing model exercises to test the
preparedness of cities participating in the Securing the Cities
Program and to combat radiological or nuclear threats.
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:
* * * * * * *
TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
* * * * * * *
Sec. 1908. Securing the Cities program.
* * * * * * *
TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
* * * * * * *
SEC. 1908. SECURING THE CITIES PROGRAM.
(a) Establishment.--The Director for Domestic Nuclear
Detection shall establish the ``Securing the Cities'' (``STC'')
program to enhance the ability of the United States to detect
and prevent terrorist attacks and other high consequence events
utilizing nuclear or other radiological materials that pose a
high risk to homeland security in high-risk urban areas.
Through such program the Director shall--
(1) assist State, local, tribal, and territorial
governments in designing and implementing, or enhancing
existing, architectures for coordinated and integrated
detection and interdiction of nuclear or other
radiological materials that are out of regulatory
control;
(2) support the development of a region-wide
operating capability to detect and report on nuclear
and other radioactive materials out of operational
control;
(3) provide resources to enhance detection, analysis,
communication, and coordination to better integrate
State, local, tribal, and territorial assets into
Federal operations;
(4) facilitate alarm adjudication and provide subject
matter expertise and technical assistance on concepts
of operations, training, exercises, and alarm response
protocols;
(5) communicate with, and promote sharing of
information about the presence or detection of nuclear
or other radiological materials among appropriate
Federal, State, local, tribal, and territorial
governments, in a manner that ensures transparency with
the jurisdictions served by such program; and
(6) provide any other assistance the Director
determines appropriate.
(b) Designation of Jurisdictions.--In carrying out the
program under subsection (a), the Director shall designate
jurisdictions from among high-risk urban areas under section
2003, and other cities and regions, as appropriate.
(c) Congressional Notification.--The Director shall notify
the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate not later than three
days before the designation of new jurisdictions under
subsection (b) or other changes to participating jurisdictions.
(d) GAO Report.--Not later than one year after the date of
the enactment of this section, the Comptroller General of the
United States shall submit to the congressional committees
specified in subsection (c) an assessment, including an
evaluation of the effectiveness, of the STC program under this
section.
(e) Prohibition on Additional Funding.--No funds are
authorized to be appropriated to carry out this section. This
section shall be carried out using amounts otherwise
appropriated or made available for such purpose.
* * * * * * *
[all]