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[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]
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