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[House Report 114-754]
[From the U.S. Government Publishing Office]

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:

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.

                  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).''.

                            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.
    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.

         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.

             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

           *       *       *       *       *       *       *

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.

           *       *       *       *       *       *       *

                                  [all]
```