59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–754 

COMMUNITY COUNTERTERRORISM PREPAREDNESS ACT 

SEPTEMBER 19, 2016.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 5859] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 5859) 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, reports favorably thereon with an amendment and recommends that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

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 .............................................................................. 6 

Applicability to Legislative Branch ........................................................................ 6 

Section-by-Section Analysis of the Legislation ...................................................... 7 

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: 


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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 

the most likely terrorist attack scenarios, including active shooters, as determined by the Secretary, against major metropolitan areas. 

‘‘(2) INFORMATION.—In establishing the program under paragraph (1), the Secretary shall provide to eligible applicants— 

‘‘(A) information, in an unclassified format, on the most likely terrorist 

attack scenarios, including active shooters, which such grants are intended 

to address; and 

‘‘(B) information on training and exercises best practices. 

‘‘(b) ELIGIBLE APPLICANTS.— 

‘‘(1) IN GENERAL.—Emergency response providers in jurisdictions that are currently receiving, or that previously received, funding under section 2003 may 

apply for a grant under the program established in subsection (a). 

‘‘(2) ADDITIONAL JURISDICTIONS.—Eligible applicants receiving funding under 

the program established in subsection (a) may include in activities funded by 

such program neighboring jurisdictions that would be likely to provide mutual 

aid in response to the most likely terrorist attack scenarios, including active 

shooters. 

‘‘(c) APPLICATION.— 

‘‘(1) IN GENERAL.—Eligible applicants described in subsection (b) may apply 

for a grant under this section, and shall submit such information in support of 

an application as the Administrator may require. 

‘‘(2) MINIMUM CONTENTS OF APPLICATION.—The Administrator shall require 

that each applicant include in its application at a minimum, the following: 

‘‘(A) The purpose for which the applicant seeks grant funds, including a 

description of how the applicant plans to use such funds. 

‘‘(B) A description of how the activity for which the funding is sought will 

prepare the applicant to prevent, prepare for, and respond to complex, coordinated attacks. 

‘‘(C) A description of how the applicant will work with community partners located within the applicant’s jurisdiction, such as schools, places of 

worship, and businesses, as appropriate, when conducting activities permitted under subsection (d). 

‘‘(D) Such other information as determined necessary by the Administrator. 

‘‘(d) PERMITTED USES.—The recipient of a grant under this section may use such 

grant to conduct training and exercises consistent with preventing, preparing for, 

and responding to the most likely terrorist attack scenarios, including active shooters. 

‘‘(e) 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 24 months. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

for grants under this section $39,000,000 for each of fiscal years 2017 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. 5859 is to amend the Homeland Security Act 

of 2002 to establish the major metropolitan area counterterrorism 

training and exercise grant program, and for other purposes. 


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BACKGROUND AND NEED FOR LEGISLATION

The Community Counterterrorism Preparedness Act (H.R. 5859) 

authorizes $39 million for emergency response providers in major 

metropolitan areas to conduct training and exercises to prevent, 

prepare for, and respond to the most likely terrorist attack scenarios, including active shooters. 

The Fiscal Year 2016 Consolidated Appropriations Act included 

$39 million for grants to address complex, coordinated terrorist attacks, like the November 2015 attacks in Paris, France. However, 

the bill provided little direction to the Department on how to carryout this program. H.R. 5859 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, Texas (July 

2016); Orlando, Florida (June 2016); San Bernardino, California 

(December 2015); Paris, France (November 2015); and Brussels, 

Belgium (March 2016). 

HEARINGS

The Committee on Homeland Security did not hold a legislative 

hearing on H.R. 5859. However, throughout the 114th Congress, 

the Committee held numerous hearings relevant to this legislation, 

including hearings examining worldwide threats to the homeland. 

COMMITTEE CONSIDERATION

The Committee met on September 13, 2016, to consider H.R. 

5859, 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 amendment offered by MR. DONOVAN of New York, listed on the 

roster as by MR. PERRY (#1); was AGREED TO by voice vote. 

Page 2, strike lines 17 through 21 and insert a new subsection entitled ‘‘(b) Eligible Applicants.’’ 

An amendment offered by MS. LORETTA SANCHEZ of California (#2); 

was AGREED TO by voice vote. 

Page 2, strike lines 10 through 16 and insert a new subsection entitled ′′(a) Establishment.′′ 

Page 3, line 2, strike ‘‘many’’ and insert ‘‘may’’. 

An amendment offered by MR. THOMPSON of Mississippi, listed on 

the roster as by MR. PAYNE (#2); was AGREED TO by voice vote. 

Page 3, line 14, insert the following (and make necessary conforming changes): 

‘‘(C) A description of how the applicant will work with community partners located 

within the applicant’s jurisdiction, such as schools, places of worship, and businesses, as appropriate, when conducting activities permitted under subsection 

(d).’’. 


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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. 

5859. 

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. 5859, 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, September 16, 2016. 

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. 5859, 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. 5859—Community Counterterrorism Preparedness Act 

Summary: H.R. 5859 would amend the Homeland Security Act of 

2002 to authorize the appropriation of $39 million annually over 

the 2017–2021 period for the Federal Emergency Management 

Agency (FEMA) to carry out a grant program for counterterrorism 

training. 

CBO estimates that implementing this bill would cost $141 million over the 2017–2021 period, assuming appropriation of the authorized amounts. Enacting H.R. 5859 would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 


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CBO estimates that enacting H.R. 5859 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

H.R. 5859 contains no intergovernmental or private sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Some emergency response providers and jurisdiction in metropolitan areas would benefit from the grant established in the bill to 

fund counterterrorism training and exercises. Any costs to such 

providers and jurisdictions would result from complying with conditions of assistance. 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 5859 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 2017– 

2021 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 39 39 39 39 39 195 

Estimated Outlays ........................................................................ 4 26 34 38 39 141 

Basis of estimate: For this estimate, CBO assumes that H.R. 

5859 will be enacted before the end of calendar year 2016 and that 

the authorized amounts will be appropriated each fiscal year. Estimated outlays are based on historical spending patterns for similar 

programs. 

The bill would authorize the appropriation of $39 million annually over the 2017–2021 period for FEMA to implement a grant 

program for counterterrorism training. Such grants would be 

awarded to eligible emergency response providers and localities to 

conduct training to prevent, prepare for, and respond to terrorist 

attacks. CBO estimates that implementing that grant program 

would cost $141 million over the 2017–2021 period with the remaining amounts being spent after 2021. (In 2016, $39 million was 

provided to FEMA for similar purposes.) 

Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 5859 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

Intergovernmental and private-sector impact: H.R. 5859 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. 


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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. 5859 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

H.R. 5859 seeks to ensure emergency response providers receive 

necessary training and the opportunity to exercise scenarios related 

to the most likely terrorist attack scenarios, including active shooters. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of Rule XIII, the Committee finds that 

H.R. 5859 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. 5859 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 5859 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. 


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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 (Pub. L. 107-296) to authorize $39 million in grants for emergency response 

providers to enable them to prevent, prepare for, and respond to 

the most likely terrorist attack scenarios, including 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 application requirements, allowable 

uses, and the period of performance for the grant program. 

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 italics 

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 

* * * * * * * 


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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 the most likely 

terrorist attack scenarios, including active shooters, as determined by the Secretary, against major metropolitan areas. 

(2) INFORMATION.— In establishing the program under paragraph (1), the Secretary shall provide to eligible applicants— 

(A) information, in an unclassified format, on the most 

likely terrorist attack scenarios, including active shooters, 

which such grants are intended to address; and 

(B) information on training and exercises best practices. 

(b) ELIGIBLE APPLICANTS.— 

(1) IN GENERAL.— Emergency response providers in jurisdictions that are currently receiving, or that previously received, 

funding under section 2003 may apply for a grant under the 

program established in subsection (a). 

(2) ADDITIONAL JURISDICTIONS.— Eligible applicants receiving funding under the program established in subsection (a) 

may include in activities funded by such program neighboring 

jurisdictions that would be likely to provide mutual aid in response to the most likely terrorist attack scenarios, including 

active shooters. 

(c) APPLICATION.— 

(1) IN GENERAL.— Eligible applicants described in subsection 

(b) may apply for a grant under this section, and shall submit 

such information in support of an application as the Administrator may require. 

(2) MINIMUM CONTENTS OF APPLICATION.— The Administrator shall require that each applicant include in its application at a minimum, the following: 

(A) The purpose for which the applicant seeks grant 

funds, including a description of how the applicant plans 

to use such funds. 

(B) A description of how the activity for which the funding is sought will prepare the applicant to prevent, prepare 

for, and respond to complex, coordinated attacks. 

(C) A description of how the applicant will work with 

community partners located within the applicant’s jurisdiction, such as schools, places of worship, and businesses, as 

appropriate, when conducting activities permitted under 

subsection (d). 

(D) Such other information as determined necessary by 

the Administrator. 

(d) PERMITTED USES.—The recipient of a grant under this section 

may use such grant to conduct training and exercises consistent 

with preventing, preparing for, and responding to the most likely 

terrorist attack scenarios, including active shooters. 

(e) 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 24 months. 


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(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated for grants under this section $39,000,000 for each 

of fiscal years 2017 through 2022. 

* * * * * * * 

Æ 


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