[House Report 115-181]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-181
======================================================================
COMMUNITY COUNTERTERRORISM PREPAREDNESS ACT
_______
June 15, 2017.--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. 2188]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2188) 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, 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............ 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..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
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 emerging
terrorist attack scenarios, including complex, coordinated
terrorist attacks and active shooters, as determined by the
Secretary, against major metropolitan areas.
``(2) Information.--In establishing the program pursuant to
paragraph (1), the Secretary shall provide to eligible
applicants--
``(A) information, in an unclassified format, on
emerging terrorist attack scenarios, including complex,
coordinated terrorist attacks and active shooters,
which grants under such program are intended to
address; and
``(B) information on training and exercises best
practices.
``(b) Eligible Applicants.--
``(1) In general.--Jurisdictions that receive, or that
previously received, funding under section 2003 may apply for a
grant under the program established pursuant to subsection (a).
``(2) Additional jurisdictions.--Eligible applicants
receiving funding under the program established pursuant to
subsection (a) may include in activities funded by such program
neighboring jurisdictions that would be likely to provide
mutual aid in response to emerging terrorist attack scenarios,
including complex, coordinated terrorist attacks and active
shooters.
``(c) Permitted Uses.--The recipient of a grant under the program
established pursuant to subsection (a) may use such grant to--
``(1) identify capability gaps related to preparing for,
preventing, and responding to emerging terrorist attack
scenarios, including complex, coordinated terrorist attacks and
active shooters;
``(2) develop or update plans, annexes, and processes to
address any capability gaps identified pursuant to paragraph
(1);
``(3) conduct training to address such identified capability
gaps; and
``(4) conduct exercises, including at locations such as mass
gathering venues, places of worship, or educational
institutions, as appropriate, to validate capabilities.
``(d) 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 36 months.
``(e) Information Sharing.--The Administrator shall, to the extent
practicable, aggregate, analyze, and share with relevant emergency
response providers information on best practices and lessons learned
from--
``(1) the planning, training, and exercises conducted using
grants authorized under the program established pursuant to
subsection (a); and
``(2) responses to actual terrorist attacks around the world.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $39,000,000 for each of
fiscal years 2018 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. 2188 is to amend the Homeland Security
Act of 2002 to establish the major metropolitan area
counterterrorism training and exercise grant program.
Background and Need for Legislation
The Community Counterterrorism Preparedness Act (H.R. 2188)
authorizes $39 million for emergency response providers in
major metropolitan areas to conduct training and exercises to
prevent, prepare for, and respond to emerging terrorist attack
scenarios, including complex, coordinated attacks and active
shooters.
The Fiscal Year 2016 Consolidated Appropriations Act
included $39 million for grants to address complex, coordinated
terrorist attacks, like the attacks in Paris. However, the bill
provided little direction to the Department on how to carryout
this program. H.R. 2188 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, Orlando, San Bernardino, Paris, and Brussels.
Hearings
The Committee on Homeland Security did not hold a
legislative hearing on H.R. 2188. However, this bill passed the
House in 2016 by a vote of 395 to 30. H.R. 2188 was informed by
the following hearings:
On September 21, 2016, the Committee on Homeland Security
held a hearing entitled ``Stopping the Next Attack: How to Keep
Our City Streets from Becoming the Battleground.'' The
Committee received testimony from Mr. John Miller, Deputy
Commissioner, Intelligence and Counterterrorism, New York City
Police Department, New York City, New York; Chief Art Acevedo,
Chief of Police, Austin, Texas, testifying on behalf of the
Major Cities Chiefs Association; Sheriff Michael J. Bouchard,
Oakland County Sheriff's Office, Oakland County, Michigan,
testifying on behalf of the Major County Sheriffs Association;
and Sheriff Jerry L. Demings, Orange County Sheriff's Office,
Orange County, Florida.
On July, 14, 2016, the Committee on Homeland Security held
a hearing entitled ``Worldwide Threats to the Homeland: ISIS
and the New Wave of Terror.'' The Committee received testimony
from Hon. Jeh C. Johnson, Secretary, U.S. Department of
Homeland Security; Hon Nicholas J. Rasmussen, Director, The
National Counterterrorism Center, Office of the Director of
National Intelligence; and Hon. James B. Comey, Director,
Federal Bureau of Investigation, U.S. Department of Justice.
On February 28, 2017, the Subcommittee on Counterterrorism
and Intelligence held a hearing entitled ``The Future of
Counterterrorism: Addressing the Evolving Threat to Domestic
Security.'' The Subcommittee received testimony from Mr. Edward
F. Davis, Chief Executive Officer, Edward Davis, LLC; Mr.
Thomas Joscelyn, Senior Fellow, The Foundation for the Defense
of Democracy; Mr. Robin Simcox, Margaret Thatcher Fellow,
Margaret Thatcher Center for Freedom, Davis Institute for
National Security and Foreign Policy, The Heritage Foundation;
and Mr. Peter Bergen, Vice President, Director, International
Security and Fellows Program, New American.
Committee Consideration
The Committee met on May 3, 2017, to consider H.R. 2188,
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 Committee agreed to H.R. 2188, as amended, by voice
vote.
The following amendments were offered:
An amendment offered by Mr. Fitzpatrick (#1); was AGREED TO by
voice vote.
In section 2(a), in the proposed section 2009 of the
Homeland Security Act of 2002, in subsection (a)(1), strike the
second period.
In section 2(a), in the proposed section 2009 of the
Homeland Security Act of 2002, redesignate subsection (e) as
subsection (f).
In section 2(a), in the proposed section 2009 of the
Homeland Security Act of 2002, insert after subsection (d) a
new subsection entitled ``(e) Information Sharing.''
An amendment offered by Mr. Payne (#2); was AGREED TO by voice
vote.
Page 4, line 3, strike ``and'' after the semicolon.
Page 4, strike lines 4 and 5 and insert the following:
``(3) conduct training to address such identified
capability gaps; and
``(4) conduct exercises, including at locations such as
mass gathering venues, places of worship, or educational
institutions, as appropriate, to validate capabilities.''.
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. 2188.
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.
2188, 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, May 24, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2188, 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. 2188--Community Counterterrorism Preparedness Act
Summary: H.R. 2188 would authorize the appropriation of $39
million annually over the 2018-2022 period for the Federal
Emergency Management Agency (FEMA) to provide grants for
counterterrorism training. CBO estimates that implementing the
bill would cost $141 million over the 2018-2022 period,
assuming appropriation of the authorized amounts.
Enacting H.R. 2188 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 2188 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 2188 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 2188 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 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level...................... 0 39 39 39 39 39 195
Estimated Outlays........................ 0 4 26 34 38 39 141
----------------------------------------------------------------------------------------------------------------
Note: Most of the remaining funds would spend in years after 2022.
Basis of estimate: For this estimate, CBO assumes that H.R.
2188 will be enacted near the end of fiscal year 2017 and that
the authorized amounts will be appropriated each year.
Estimated outlays are based on historical spending patterns for
similar programs. The grants would be for emergency response
providers and localities to conduct training to prevent,
prepare for, and respond to terrorist attacks. FEMA received
$39 million in 2016 for similar purposes; no funding for those
purposes was provided in 2017.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 2188 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 2188
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. 2188 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 2188 seeks to ensure emergency response providers
receive necessary training and the opportunity to exercise
scenarios related to emerging terrorist attack scenarios,
including complex, coordinated attacks and active shooters.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 2188 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. 2188 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2188 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 to
authorize $39 million in grants for emergency response
providers to enable them to prevent, prepare for, and respond
to emerging terrorist attack scenarios, including complex,
coordinated terrorist attacks and 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 allowable uses and the period
of performance for the grant program. Exercises, including the
use of simulations, are included among the program's allowable
uses. During the markup, the Committee approved an amendment
offered by Representative Donald Payne (NJ) highlighting the
different locations, such as mass gathering venues, religious
institutions, and schools, at which grant recipients may wish
to conduct an exercise, corresponding to venues that have
previously been the target of terrorist attacks or threats.
Grant recipients may also use funding to conduct a gap
analysis to identify areas they need to address to enhance
their preparedness for certain attacks. This could include, for
instance, an assessment of whether, in the case of a terrorist
attack involving a chemical, biological, radiological, or
nuclear agent, the prepositioning or stockpiling of equipment
or pharmaceuticals would enhance the jurisdiction's ability to
rapidly respond to an attack.
The Committee also adopted an amendment at markup offered
by Representative Fitzpatrick (PA) requiring the FEMA
Administrator to collect, analyze, and disseminate information
to first responders on the lessons learned and best practices
from activities conducted using grant funds authorized under
this bill, along with best practices from responses to
terrorist attacks around the world.
This amendment seeks to ensure that first responders across
the country have access to information about the terrorist
threats they face. First responders, beyond those receiving
grants under the program authorized by this bill, can benefit
from information on lessons learned and best practices from the
activities conducted using grant funds or from responses to
terrorist attacks around the world. This amendment allows first
responders across the United States to leverage knowledge
gained through the Major Metropolitan Area Counterterrorism
Training and Exercise Grant Program in an effort to keep their
own communities safe from terror 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 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 emerging terrorist attack
scenarios, including complex, coordinated terrorist
attacks and active shooters, as determined by the
Secretary, against major metropolitan areas.
(2) Information.--In establishing the program
pursuant to paragraph (1), the Secretary shall provide
to eligible applicants--
(A) information, in an unclassified format,
on emerging terrorist attack scenarios,
including complex, coordinated terrorist
attacks and active shooters, which grants under
such program are intended to address; and
(B) information on training and exercises
best practices.
(b) Eligible Applicants.--
(1) In general.--Jurisdictions that receive, or that
previously received, funding under section 2003 may
apply for a grant under the program established
pursuant to subsection (a).
(2) Additional jurisdictions.--Eligible applicants
receiving funding under the program established
pursuant to subsection (a) may include in activities
funded by such program neighboring jurisdictions that
would be likely to provide mutual aid in response to
emerging terrorist attack scenarios, including complex,
coordinated terrorist attacks and active shooters.
(c) Permitted Uses.--The recipient of a grant under the
program established pursuant to subsection (a) may use such
grant to--
(1) identify capability gaps related to preparing
for, preventing, and responding to emerging terrorist
attack scenarios, including complex, coordinated
terrorist attacks and active shooters;
(2) develop or update plans, annexes, and processes
to address any capability gaps identified pursuant to
paragraph (1);
(3) conduct training to address such identified
capability gaps; and
(4) conduct exercises, including at locations such as
mass gathering venues, places of worship, or
educational institutions, as appropriate, to validate
capabilities.
(d) 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 36 months.
(e) Information Sharing.--The Administrator shall, to the
extent practicable, aggregate, analyze, and share with relevant
emergency response providers information on best practices and
lessons learned from--
(1) the planning, training, and exercises conducted
using grants authorized under the program established
pursuant to subsection (a); and
(2) responses to actual terrorist attacks around the
world.
(f) Authorization of Appropriations.--There are authorized to
be appropriated for grants under this section $39,000,000 for
each of fiscal years 2018 through 2022.
* * * * * * *
[all]