[House Report 114-754]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-754
======================================================================
COMMUNITY COUNTERTERRORISM PREPAREDNESS ACT
_______
September 19, 2016.--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. 5859]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5859) to amend the Homeland Security Act of 2002
to establish the major metropolitan area counterterrorism
training and exercise grant program, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
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............ 6
Duplicative Federal Programs..................................... 6
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................... 7
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 ``Community Counterterrorism
Preparedness Act''.
SEC. 2. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND EXERCISE
GRANT PROGRAM.
(a) In General.--Subtitle A of title XX of the Homeland Security Act
of 2002 (6 U.S.C. 603 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND
EXERCISE GRANT PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the
Administrator and the heads of other relevant components of the
Department, shall carry out a program for emergency response
providers to prevent, prepare for, and respond to the most
likely terrorist attack scenarios, including active shooters,
as determined by the Secretary, against major metropolitan
areas.
``(2) Information.--In establishing the program under
paragraph (1), the Secretary shall provide to eligible
applicants--
``(A) information, in an unclassified format, on the
most likely terrorist attack scenarios, including
active shooters, which such grants are intended to
address; and
``(B) information on training and exercises best
practices.
``(b) Eligible Applicants.--
``(1) In general.--Emergency response providers in
jurisdictions that are currently receiving, or that previously
received, funding under section 2003 may apply for a grant
under the program established in subsection (a).
``(2) Additional jurisdictions.--Eligible applicants
receiving funding under the program established in subsection
(a) may include in activities funded by such program
neighboring jurisdictions that would be likely to provide
mutual aid in response to the most likely terrorist attack
scenarios, including active shooters.
``(c) Application.--
``(1) In general.--Eligible applicants described in
subsection (b) may apply for a grant under this section, and
shall submit such information in support of an application as
the Administrator may require.
``(2) Minimum contents of application.--The Administrator
shall require that each applicant include in its application at
a minimum, the following:
``(A) The purpose for which the applicant seeks grant
funds, including a description of how the applicant
plans to use such funds.
``(B) A description of how the activity for which the
funding is sought will prepare the applicant to
prevent, prepare for, and respond to complex,
coordinated attacks.
``(C) A description of how the applicant will work
with community partners located within the applicant's
jurisdiction, such as schools, places of worship, and
businesses, as appropriate, when conducting activities
permitted under subsection (d).
``(D) Such other information as determined necessary
by the Administrator.
``(d) Permitted Uses.--The recipient of a grant under this section
may use such grant to conduct training and exercises consistent with
preventing, preparing for, and responding to the most likely terrorist
attack scenarios, including active shooters.
``(e) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not fewer than 24 months.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $39,000,000 for each of
fiscal years 2017 through 2022.''.
(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 2008 the following new item:
``Sec. 2009. Major metropolitan area counterterrorism training and
exercise grant program.''.
Purpose and Summary
The purpose of H.R. 5859 is to amend the Homeland Security
Act of 2002 to establish the major metropolitan area
counterterrorism training and exercise grant program, and for
other purposes.
Background and Need for Legislation
The Community Counterterrorism Preparedness Act (H.R. 5859)
authorizes $39 million for emergency response providers in
major metropolitan areas to conduct training and exercises to
prevent, prepare for, and respond to the most likely terrorist
attack scenarios, including active shooters.
The Fiscal Year 2016 Consolidated Appropriations Act
included $39 million for grants to address complex, coordinated
terrorist attacks, like the November 2015 attacks in Paris,
France. However, the bill provided little direction to the
Department on how to carryout this program. H.R. 5859
authorizes the program and provides that direction, ensuring
that emergency response providers receive the funding they need
to address these emerging threats.
Eligible recipients of funding include emergency response
providers (law enforcement, fire fighters, EMS, emergency
management, etc) in any jurisdiction that currently receives
Urban Area Security Initiative (UASI) funding and any
jurisdiction that previously received UASI funding.
This bipartisan bill would provide first responders with
dedicated funding to address the types of attacks seen in
Dallas, Texas (July 2016); Orlando, Florida (June 2016); San
Bernardino, California (December 2015); Paris, France (November
2015); and Brussels, Belgium (March 2016).
Hearings
The Committee on Homeland Security did not hold a
legislative hearing on H.R. 5859. However, throughout the 114th
Congress, the Committee held numerous hearings relevant to this
legislation, including hearings examining worldwide threats to
the homeland.
Committee Consideration
The Committee met on September 13, 2016, to consider H.R.
5859, 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 amendment offered by Mr. Donovan of New York, listed on the
roster as by Mr. Perry (#1); was AGREED TO by voice vote.
Page 2, strike lines 17 through 21 and insert a new subsection
entitled ``(b) Eligible Applicants.''
An amendment offered by Ms. Loretta Sanchez of California
(#2); was AGREED TO by voice vote.
Page 2, strike lines 10 through 16 and insert a new subsection
entitled "(a) Establishment."
Page 3, line 2, strike ``many'' and insert ``may''.
An amendment offered by Mr. Thompson of Mississippi, listed on
the roster as by Mr. Payne (#2); was AGREED TO by voice vote.
Page 3, line 14, insert the following (and make necessary
conforming changes):
``(C) A description of how the applicant will work with community
partners located within the applicant's jurisdiction, such as schools,
places of worship, and businesses, as appropriate, when conducting
activities permitted under subsection (d).''.
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. 5859.
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.
5859, the Community Counterterrorism Preparedness Act, 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, September 16, 2016.
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. 5859, the
Community Counterterrorism Preparedness Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
H.R. 5859--Community Counterterrorism Preparedness Act
Summary: H.R. 5859 would amend the Homeland Security Act of
2002 to authorize the appropriation of $39 million annually
over the 2017-2021 period for the Federal Emergency Management
Agency (FEMA) to carry out a grant program for counterterrorism
training.
CBO estimates that implementing this bill would cost $141
million over the 2017-2021 period, assuming appropriation of
the authorized amounts. Enacting H.R. 5859 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
CBO estimates that enacting H.R. 5859 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 5859 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Some emergency response providers and jurisdiction in
metropolitan areas would benefit from the grant established in
the bill to fund counterterrorism training and exercises. Any
costs to such providers and jurisdictions would result from
complying with conditions of assistance.
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 5859 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 39 39 39 39 39 195
Estimated Outlays....................................... 4 26 34 38 39 141
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
5859 will be enacted before the end of calendar year 2016 and
that the authorized amounts will be appropriated each fiscal
year. Estimated outlays are based on historical spending
patterns for similar programs.
The bill would authorize the appropriation of $39 million
annually over the 2017-2021 period for FEMA to implement a
grant program for counterterrorism training. Such grants would
be awarded to eligible emergency response providers and
localities to conduct training to prevent, prepare for, and
respond to terrorist attacks. CBO estimates that implementing
that grant program would cost $141 million over the 2017-2021
period with the remaining amounts being spent after 2021. (In
2016, $39 million was provided to FEMA for similar purposes.)
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 5859 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: H.R. 5859
contains no intergovernmental or private-sector mandates as
defined in UMRA. Some emergency response providers and
jurisdictions in metropolitan areas would benefit from the
grants established in the bill. Any costs to such providers and
jurisdictions would result from complying with conditions of
assistance.
Estimate prepared by: Federal costs: Robert Reese; Impact
on state, local, and tribal governments: Rachel Austin; Impact
on the private sector: Paige Piper/Bach.
Estimate 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. 5859 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 5859 seeks to ensure emergency response providers
receive necessary training and the opportunity to exercise
scenarios related to the most likely terrorist attack
scenarios, including active shooters.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5859 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
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. 5859 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5859 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
``Community Counterterrorism Preparedness Act''.
Sec. 2. Major Metropolitan Area Counterterrorism Training and
Exercise Grant Program.
This section amends the Homeland Security Act of 2002 (Pub.
L. 107-296) to authorize $39 million in grants for emergency
response providers to enable them to prevent, prepare for, and
respond to the most likely terrorist attack scenarios,
including active shooters, against major metropolitan areas.
Eligible applicants for this program include emergency
response providers in jurisdictions that are currently
receiving, or that previously received, Urban Area Security
Initiative funding.
This section also sets forth application requirements,
allowable uses, and the period of performance for the grant
program.
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 italics 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 XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
Sec. 2009. Major metropolitan area counterterrorism training and
exercise grant program.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2009. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND
EXERCISE GRANT PROGRAM.
(a) Establishment.--
(1) In general.-- The Secretary, acting through the
Administrator and the heads of other relevant
components of the Department, shall carry out a program
for emergency response providers to prevent, prepare
for, and respond to the most likely terrorist attack
scenarios, including active shooters, as determined by
the Secretary, against major metropolitan areas.
(2) Information.-- In establishing the program under
paragraph (1), the Secretary shall provide to eligible
applicants--
(A) information, in an unclassified format,
on the most likely terrorist attack scenarios,
including active shooters, which such grants
are intended to address; and
(B) information on training and exercises
best practices.
(b) Eligible Applicants.--
(1) In general.-- Emergency response providers in
jurisdictions that are currently receiving, or that
previously received, funding under section 2003 may
apply for a grant under the program established in
subsection (a).
(2) Additional jurisdictions.-- Eligible applicants
receiving funding under the program established in
subsection (a) may include in activities funded by such
program neighboring jurisdictions that would be likely
to provide mutual aid in response to the most likely
terrorist attack scenarios, including active shooters.
(c) Application.--
(1) In general.-- Eligible applicants described in
subsection (b) may apply for a grant under this
section, and shall submit such information in support
of an application as the Administrator may require.
(2) Minimum contents of application.-- The
Administrator shall require that each applicant include
in its application at a minimum, the following:
(A) The purpose for which the applicant seeks
grant funds, including a description of how the
applicant plans to use such funds.
(B) A description of how the activity for
which the funding is sought will prepare the
applicant to prevent, prepare for, and respond
to complex, coordinated attacks.
(C) A description of how the applicant will
work with community partners located within the
applicant's jurisdiction, such as schools,
places of worship, and businesses, as
appropriate, when conducting activities
permitted under subsection (d).
(D) Such other information as determined
necessary by the Administrator.
(d) Permitted Uses.--The recipient of a grant under this
section may use such grant to conduct training and exercises
consistent with preventing, preparing for, and responding to
the most likely terrorist attack scenarios, including active
shooters.
(e) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not fewer than 24 months.
(f) Authorization of Appropriations.--There are authorized to
be appropriated for grants under this section $39,000,000 for
each of fiscal years 2017 through 2022.
* * * * * * *
[all]