[House Report 114-165]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-165
======================================================================
STATE WIDE INTEROPERABLE COMMUNICATIONS ENHANCEMENT ACT
_______
June 17, 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. 2206]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2206) to amend the Homeland Security Act of 2002
to require recipients of State Homeland Security Grant Program
funding to preserve and strengthen interoperable emergency
communications capabilities, 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.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
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 ``State Wide Interoperable
Communications Enhancement Act'' or the ``SWIC Enhancement Act''.
SEC. 2. MINIMUM CONTENTS OF APPLICATION FOR CERTAIN HOMELAND SECURITY
GRANT FUNDS.
(a) In General.--Paragraph (2) of section 2004(b) of the Homeland
Security Act of 2002 (6 U.S.C. 605(b)) is amended by--
(1) redesignating subparagraphs (B) and (C) as subparagraphs
(C) and (D), respectively; and
(2) inserting after subparagraph (A) the following new
subparagraph:
``(B)(i) certification that the Governor of the State
has designated a Statewide Interoperability
Coordinator, including identification in such
certification of the individual so designated, who
shall be responsible for--
``(I) coordinating the daily operations of
the State's interoperability efforts;
``(II) coordinating State interoperability
and communications projects and grant
applications for such projects;
``(III) establishing and maintaining working
groups to develop and implement key
interoperability initiatives; and
``(IV) coordinating and updating, as
necessary, a Statewide Communications
Interoperability Plan that specifies the
current status of State efforts to enhance
communications interoperability within the
State, including progress, modifications, or
setbacks, and future goals for communications
interoperability among emergency response
agencies in the State; or
``(ii) if a Statewide Interoperability Coordinator
has not been designated in accordance with clause (i)--
``(I) certification that the State is
performing in another manner the functions
described in subclauses (I) through (IV) of
such clause; and
``(II) identification in such certification
of an individual who has been designated by the
State as the primary point of contact for
performance of such functions;''.
(b) Limitation on Application.--The amendment made by subsection (a)
shall not apply with respect to any grant for which an application was
submitted under the State Homeland Security Grant Program before the
date of the enactment of this Act.
Purpose and Summary
The purpose of H.R. 2206 is to amend the Homeland Security
Act of 2002 to require recipients of State Homeland Security
Grant Program funding to preserve and strengthen interoperable
emergency communications capabilities, and for other purposes.
Background and Need for Legislation
Despite the investment of more than $5 billion in grant
funding to enhance communications capabilities over the past 10
years, interoperability remains a challenge, particularly
during disaster scenarios. H.R. 2206 recognizes the important
role played by Statewide Interoperability Coordinators (SWICs),
be it through the development of Statewide Communications
Interoperability Plans, coordinating interoperable
communications projects and grant requests, or engaging with
the First Responder Network Authority as it works to design and
build the nationwide public safety broadband network. The bill
requires a governor to certify, as part of his or her
application for State Homeland Security Grant Program (SHSGP)
funds, that he or she has designated a SWIC, or, if a SWIC has
not been designated, that the State is performing in another
manner the functions of a SWIC.
Hearings
The Committee on Homeland Security did not hold any
hearings specifically on H.R. 2206. However, in the 113th
Congress, on November 18, 2014, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing,
``Interoperable Communications: Assessing Progress Since 9/
11.'' The Subcommittee received testimony from RADM Ronald
Hewitt (USCG, Ret.), Director of the Department of Homeland
Security's Office of Emergency Communications, Mr. TJ Kennedy,
Acting General Manager of the First Responder Network
Authority, and Mr. Mark Grubb, Director of the Division of
Communications of the State of Delaware's Department of Safety
and Homeland Security. Mr. Grubb serves as Delaware's SWIC and
is the President of the National Council of SWICs. At this
hearing, the witnesses discussed the importance of SWICs to
State interoperability efforts and the decline in the number of
full time SWICs since the end of the Interoperable Emergency
Communications Grant Program.
Committee Consideration
The Committee met on May 20, 2015, to consider H.R. 2206,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An Amendment by Mr. Loudermilk (#1); was AGREED TO by voice
vote.
Page 2, line 15, strike ``overseeing'' and insert
``coordinating''.
Page 2, line 23, strike ``implementing'' and insert
``coordinating''.
Page 3, line 2, insert ``, modification,'' after ``progress''.
The Subcommittee on Emergency Preparedness, Response, and
Communications met on May 14, 2015, to consider H.R. 2206, and
ordered the measure to be reported 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. 2206.
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.
2206, the State Wide Interoperable Communications Enhancement
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, May 28, 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. 2206, the State
Wide Interoperable Communications Enhancement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2206--State Wide Interoperable Communications Enhancement Act
H.R. 2206 would expand the application requirements for
funding through the State Homeland Security Grant Program. The
bill would require states to certify as part of their grant
application that the state has designated a statewide
interoperability coordinator to oversee the daily operations of
the state's interoperability programs. Those programs are aimed
at ensuring that the communications systems of different
emergency response agencies can work together. CBO estimates
that implementing the legislation would have no effect on the
federal budget because it would not modify the workload of the
Department of Homeland Security. Enacting H.R. 2206 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, 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. 2206 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
Both the State Homeland Security Grant Program and Urban
Area Security Initiative permit grant recipients to use grant
funds to pay for SWICs. In addition, the grant guidance for
these programs requires recipients to coordinate any
communications investments with their SWICs or their Statewide
Interoperability Governance Body prior to application
submission ``to ensure the project supports the statewide
strategy to improve emergency communications and is compatible
with surrounding systems.''\1\ To ensure that States are
complying with this requirement and preserve gains made in
communications interoperability using grant funds to date, the
bill requires governors to certify that they have designated a
SWIC or, if they have not, are fulfilling the functions of a
SWIC in another manner.
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\1\Federal Emergency Management Agency, Fiscal Year 2015 Homeland
Security Grant Program Funding Guidelines at 12.
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Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 2206 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. 2206 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2206 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 ``State
Wide Interoperable Communications Enhancement Act'' or the
``SWIC Enhancement Act''.
Section 2. Minimum contents of application for certain Homeland
Security Grant funds
Subsection (a) requires a governor to certify, as part of
his or her application for State Homeland Security Grant
Program funds, that he or she has designated a Statewide
Interoperability Coordinator (SWIC), or, if a SWIC has not been
designated, that the State is performing in another manner the
functions of a SWIC, including an identification of the person
designated by the State as the primary point of contact for
these activities.
The section further enumerates the responsibilities of a
SWIC, which include:
coordinating the daily operations of the State's
interoperability efforts;
coordinating State interoperability and communications
projects and grant applications for such projects;
establishing and maintaining working groups to develop
and implement key interoperability initiatives; and
coordinating and updating, as necessary, a Statewide
Communications Interoperability Plan that specifies the
current status of State efforts to enhance
communications interoperability within the State.
Subsection (b) notes that the requirement in subsection (a)
will not apply to any SHSGP application submitted prior to the
date of enactment of the bill.
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 italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
(a) Establishment.--There is established a State Homeland
Security Grant Program to assist State, local, and tribal
governments in preventing, preparing for, protecting against,
and responding to acts of terrorism.
(b) Application.--
(1) In general.--Each State may apply for a grant
under this section, and shall submit such information
in support of the application as the Administrator may
reasonably require.
(2) Minimum contents of application.--The
Administrator shall require that each State include in
its application, at a minimum--
(A) the purpose for which the State seeks
grant funds and the reasons why the State needs
the grant to meet the target capabilities of
that State;
(B)(i) certification that the Governor of the
State has designated a Statewide
Interoperability Coordinator, including
identification in such certification of the
individual so designated, who shall be
responsible for--
(I) coordinating the daily operations
of the State's interoperability
efforts;
(II) coordinating State
interoperability and communications
projects and grant applications for
such projects;
(III) establishing and maintaining
working groups to develop and implement
key interoperability initiatives; and
(IV) coordinating and updating, as
necessary, a Statewide Communications
Interoperability Plan that specifies
the current status of State efforts to
enhance communications interoperability
within the State, including progress,
modifications, or setbacks, and future
goals for communications
interoperability among emergency
response agencies in the State; or
(ii) if a Statewide Interoperability
Coordinator has not been designated in
accordance with clause (i)--
(I) certification that the State is
performing in another manner the
functions described in subclauses (I)
through (IV) of such clause; and
(II) identification in such
certification of an individual who has
been designated by the State as the
primary point of contact for
performance of such functions;
[(B)] (C) a description of how the State
plans to allocate the grant funds to local
governments and Indian tribes; and
[(C)] (D) a budget showing how the State
intends to expend the grant funds.
(3) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis.
(c) Distribution to Local and Tribal Governments.--
(1) In general.--Not later than 45 days after
receiving grant funds, any State receiving a grant
under this section shall make available to local and
tribal governments, consistent with the applicable
State homeland security plan--
(A) not less than 80 percent of the grant
funds;
(B) with the consent of local and tribal
governments, items, services, or activities
having a value of not less than 80 percent of
the amount of the grant; or
(C) with the consent of local and tribal
governments, grant funds combined with other
items, services, or activities having a total
value of not less than 80 percent of the amount
of the grant.
(2) Certifications regarding distribution of grant
funds to local governments.--A State shall certify to
the Administrator that the State has made the
distribution to local and tribal governments required
under paragraph (1).
(3) Extension of period.--The Governor of a State may
request in writing that the Administrator extend the
period under paragraph (1) for an additional period of
time. The Administrator may approve such a request if
the Administrator determines that the resulting delay
in providing grant funding to the local and tribal
governments is necessary to promote effective
investments to prevent, prepare for, protect against,
or respond to acts of terrorism.
(4) Exception.--Paragraph (1) shall not apply to the
District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, or the Virgin Islands.
(5) Direct funding.--If a State fails to make the
distribution to local or tribal governments required
under paragraph (1) in a timely fashion, a local or
tribal government entitled to receive such distribution
may petition the Administrator to request that grant
funds be provided directly to the local or tribal
government.
(d) Multistate Applications.--
(1) In general.--Instead of, or in addition to, any
application for a grant under subsection (b), 2 or more
States may submit an application for a grant under this
section in support of multistate efforts to prevent,
prepare for, protect against, and respond to acts of
terrorism.
(2) Administration of grant.--If a group of States
applies for a grant under this section, such States
shall submit to the Administrator at the time of
application a plan describing--
(A) the division of responsibilities for
administering the grant; and
(B) the distribution of funding among the
States that are parties to the application.
(e) Minimum Allocation.--
(1) In general.--In allocating funds under this
section, the Administrator shall ensure that--
(A) except as provided in subparagraph (B),
each State receives, from the funds
appropriated for the State Homeland Security
Grant Program established under this section,
not less than an amount equal to--
(i) 0.375 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2008;
(ii) 0.365 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2009;
(iii) 0.36 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2010;
(iv) 0.355 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2011; and
(v) 0.35 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2012 and in each fiscal year
thereafter; and
(B) for each fiscal year, American Samoa, the
Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands each receive, from
the funds appropriated for the State Homeland
Security Grant Program established under this
section, not less than an amount equal to 0.08
percent of the total funds appropriated for
grants under this section and section 2003.
(2) Effect of multistate award on state minimum.--Any
portion of a multistate award provided to a State under
subsection (d) shall be considered in calculating the
minimum State allocation under this subsection.
(f) Authorization of Appropriations.--There are authorized to
be appropriated for grants under this section--
(1) $950,000,000 for each of fiscal years 2008
through 2012; and
(2) such sums as are necessary for fiscal year 2013,
and each fiscal year thereafter.
* * * * * * *