[House Report 114-491] [From the U.S. Government Publishing Office] 114th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 114-491 ====================================================================== STATE AND HIGH-RISK URBAN AREA WORKING GROUP ACT _______ April 13, 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. 4509] [Including cost estimate of the Congressional Budget Office] The Committee on Homeland Security, to whom was referred the bill (H.R. 4509) to amend the Homeland Security Act of 2002 to clarify membership of State planning committees or urban area working groups for the Homeland Security Grant Program, 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.............................................. 2 Background and Need for Legislation.............................. 2 Hearings......................................................... 2 Committee Consideration.......................................... 2 Committee Votes.................................................. 2 Committee Oversight Findings..................................... 2 New Budget Authority, Entitlement Authority, and Tax Expenditures 2 Congressional Budget Office Estimate............................. 3 Statement of General Performance Goals and Objectives............ 3 Duplicative Federal Programs..................................... 3 Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits....................................................... 3 Federal Mandates Statement....................................... 3 Preemption Clarification......................................... 3 Disclosure of Directed Rule Makings.............................. 4 Advisory Committee Statement..................................... 4 Applicability to Legislative Branch.............................. 4 Section-by-Section Analysis of the Legislation................... 4 Changes in Existing Law Made by the Bill, as Reported............ 4 Purpose and Summary The purpose of H.R. 4509 is amend the Homeland Security Act of 2002 to clarify membership of State planning committees or urban area working groups for the Homeland Security Grant Program, and for other purposes. Background and Need for Legislation Section 2021(b) of the Homeland Security Act (Pub. L. 107- 296) requires States and high-risk urban areas receiving State Homeland Security Grant Program and Urban Area Security Initiative funding, respectively, to establish multi- disciplinary planning committees through which projects are coordinated. These planning committees assist in the preparation and revision of the State, regional, or local homeland security plan and assist in determining effective funding priorities for grants. H.R. 4509 focuses on enhancing this multi-disciplinary coordination by adding additional stakeholders representing public health, educational institutions, state and regional interoperable communications coordinators, and fusion centers, as appropriate. Previously, the Committee on Homeland Security learned that some of these stakeholders were not included in the working groups regularly. This legislation further ensures relevant stakeholders have an opportunity to participate in and coordinate preparedness grant planning. Hearings No hearings were held on H.R. 4509. Committee Consideration The Committee met on March 23, 2016, to consider H.R. 4509, 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. 4509. 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. 4509, the State and High-Risk Urban Area Working Group 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. 4509 contains the following general performance goals and objectives, including outcome related goals and objectives authorized. States and high-risk urban areas receiving State Homeland Security Grant Program and Urban Area Security Initiative funding, respectively, are required to include relevant stakeholders in their statutorily required multi-disciplinary planning committees. This bill expands the stakeholders required to be included, as appropriate, and will enhance the abilities of the multi-disciplinary planning committees to prioritize funding for these respective grant programs. Duplicative Federal Programs Pursuant to clause 3(c) of Rule XIII, the Committee finds that H.R. 4509 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. 4509 does not preempt any State, local, or Tribal law. Disclosure of Directed Rule Makings The Committee estimates that H.R. 4509 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 ``State and High-Risk Urban Area Working Group Act''. Sec. 2. Administration and Coordination of Certain DHS Grants. Section 2021(b) of the Homeland Security Act requires States and high-risk urban areas receiving State Homeland Security Grant Program and Urban Area Security Initiative funding respectively to establish multi-disciplinary planning committees through which projects are coordinated. This section further delineates the stakeholders, such as public health officials and fusion centers, as appropriate, which should be included in such committees. Such membership should include stakeholders representing local and tribal government officials, emergency response providers, public health, educational institutions, state and regional interoperable communications coordinators, and fusion centers, 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 (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, and existing law in which no change is proposed is shown in roman): HOMELAND SECURITY ACT OF 2002 * * * * * * * TITLE XX--HOMELAND SECURITY GRANTS * * * * * * * Subtitle B--Grants Administration SEC. 2021. ADMINISTRATION AND COORDINATION. (a) Regional Coordination.--The Administrator shall ensure that-- (1) all recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) coordinate, as appropriate, their prevention, preparedness, and protection efforts with neighboring State, local, and tribal governments; and (2) all high-risk urban areas and other recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) that include or substantially affect parts or all of more than 1 State coordinate, as appropriate, across State boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans. [(b) Planning Committees.-- [(1) In general.--Any State or high-risk urban area receiving a grant under section 2003 or 2004 shall establish a planning committee to assist in preparation and revision of the State, regional, or local homeland security plan and to assist in determining effective funding priorities for grants under sections 2003 and 2004. [(2) Composition.-- [(A) In general.--The planning committee shall include representatives of significant stakeholders, including-- [(i) local and tribal government officials; and [(ii) emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers. [(B) Geographic representation.--The members of the planning committee shall be a representative group of individuals from the counties, cities, towns, and Indian tribes within the State or high-risk urban area, including, as appropriate, representatives of rural, high-population, and high-threat jurisdictions. [(3) Existing planning committees.--Nothing in this subsection may be construed to require that any State or high-risk urban area create a planning committee if that State or high-risk urban area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection.] (b) Planning Committees.-- (1) In general.--Any State or high-risk urban area receiving a grant under section 2003 or 2004 shall establish a State planning committee or urban area working group to assist in preparation and revision of the State, regional, or local homeland security plan or the threat and hazard identification and risk assessment, as the case may be, and to assist in determining effective funding priorities for grants under such sections. (2) Composition.-- (A) In general.--The State planning committees and urban area working groups referred to in paragraph (1) shall include at least one representative of significant stakeholders, including the following: (i) Local or tribal government officials. (ii) Emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical services, and emergency managers. (iii) Public health officials and other appropriate medical practitioners. (iv) Individuals representing educational institutions, including elementary schools, community colleges, and other institutions of higher education. (v) State and regional interoperable communications coordinators, as appropriate. (vi) State and major urban area fusion centers, as appropriate. (B) Geographic representation.--The members of the State planning committee or urban area working group, as the case may be, shall be a representative group of individuals from the counties, cities, towns, and Indian tribes within the State or high-risk urban area, including, as appropriate, representatives of rural, high-population, and high-threat jurisdictions. (3) Existing planning committees.--Nothing in this subsection may be construed to require that any State or high-risk urban area create a State planning committee or urban area working group, as the case may be, if that State or high-risk urban area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection. (c) Interagency Coordination.-- (1) In general.--Not later than 12 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary (acting through the Administrator), the Attorney General, the Secretary of Health and Human Services, and the heads of other agencies providing assistance to State, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man- made disasters, shall jointly-- (A) compile a comprehensive list of Federal grant programs for State, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man- made disasters; (B) compile the planning, reporting, application, and other requirements and guidance for the grant programs described in subparagraph (A); (C) develop recommendations, as appropriate, to-- (i) eliminate redundant and duplicative requirements for State, local, and tribal governments, including onerous application and ongoing reporting requirements; (ii) ensure accountability of the programs to the intended purposes of such programs; (iii) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients; (iv) make the programs more accessible and user friendly to applicants; and (v) ensure the programs are coordinated to enhance the overall preparedness of the Nation; (D) submit the information and recommendations under subparagraphs (A), (B), and (C) to the appropriate committees of Congress; and (E) provide the appropriate committees of Congress, the Comptroller General, and any officer or employee of the Government Accountability Office with full access to any information collected or reviewed in preparing the submission under subparagraph (D). (2) Scope of task.--Nothing in this subsection shall authorize the elimination, or the alteration of the purposes, as delineated by statute, regulation, or guidance, of any grant program that exists on the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, nor authorize the review or preparation of proposals on the elimination, or the alteration of such purposes, of any such grant program. (d) Sense of Congress.--It is the sense of Congress that, in order to ensure that the Nation is most effectively able to prevent, prepare for, protect against, and respond to all hazards, including natural disasters, acts of terrorism, and other man-made disasters-- (1) the Department should administer a coherent and coordinated system of both terrorism-focused and all- hazards grants; (2) there should be a continuing and appropriate balance between funding for terrorism-focused and all- hazards preparedness, as reflected in the authorizations of appropriations for grants under the amendments made by titles I and II, as applicable, of the Implementing Recommendations of the 9/11 Commission Act of 2007; and (3) with respect to terrorism-focused grants, it is necessary to ensure both that the target capabilities of the highest risk areas are achieved quickly and that basic levels of preparedness, as measured by the attainment of target capabilities, are achieved nationwide. * * * * * * * [all]