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[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]
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