[Congressional Record Volume 168, Number 40 (Monday, March 7, 2022)]
[House]
[Pages H1307-H1308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            HOMELAND SECURITY CAPABILITIES PRESERVATION ACT

  Mrs. DEMINGS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5615) to direct the Secretary of Homeland Security to submit 
a plan to make Federal assistance available to certain urban areas that 
previously received Urban Area Security Initiative funding to preserve 
homeland security capabilities, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5615

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Homeland Security 
     Capabilities Preservation Act''.

     SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.

       (a) Plan.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, acting through the Administrator of the Federal 
     Emergency Management Agency, shall submit to the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a plan, informed by the survey information 
     collected pursuant to subsection (b), to make Federal 
     assistance available for at least three consecutive fiscal 
     years to certain urban areas that in the current fiscal year 
     did not receive grant funding under the Urban Area Security 
     Initiative under section 2003 of the Homeland Security Act of 
     2002 (6 U.S.C. 604) and require continued Federal assistance 
     for the purpose of preserving a homeland security capability 
     related to preventing, preparing for, protecting against, and 
     responding to acts of terrorism that had been developed or 
     otherwise supported through prior grant funding under such 
     Initiative and allow for such urban areas to transition to 
     such urban areas costs of preserving such homeland security 
     capabilities.

[[Page H1308]]

       (2) Additional requirement.--The plan required under 
     paragraph (1) shall also contain a prohibition on an urban 
     area that in a fiscal year is eligible to receive Federal 
     assistance described in such paragraph from also receiving 
     grant funding under the Urban Area Security Initiative under 
     section 2003 of the Homeland Security Act of 2002. In such a 
     case, such plan shall require such an urban area to promptly 
     notify the Administrator of the Federal Emergency Management 
     Agency regarding the preference of such urban area to retain 
     either--
       (A) such eligibility for such Federal assistance; or
       (B) such receipt of such grant funding.
       (b) Survey.--In developing the plan required under 
     subsection (a), the Administrator of the Federal Emergency 
     Management Agency, shall, to ascertain the scope of Federal 
     assistance required, survey urban areas that--
       (1) did not receive grant funding under the Urban Area 
     Security Initiative under section 2003 of the Homeland 
     Security Act of 2002 in the current fiscal year concerning 
     homeland security capabilities related to preventing, 
     preparing for, protecting against, and responding to acts of 
     terrorism that had been developed or otherwise supported 
     through funding under such Initiative that are at risk of 
     being reduced or eliminated without such Federal assistance;
       (2) received such funding in the current fiscal year, but 
     did not receive such funding in at least one fiscal year in 
     the six fiscal years immediately preceding the current fiscal 
     year; and
       (3) any other urban areas the Secretary determines 
     appropriate.
       (c) Exemption.--The Secretary of Homeland Security may 
     exempt the Federal Emergency Management Agency from the 
     requirements of subchapter I of chapter 35 of title 44, 
     United States Code (commonly referred to as the ``Paperwork 
     Reduction Act''), for purposes of carrying out subsection (b) 
     if the Secretary determines that complying with such 
     requirements would delay the development of the plan required 
     under subsection (a).
       (d) Contents.--The plan required under subsection (a) 
     shall--
       (1) establish eligibility criteria for urban areas to 
     receive Federal assistance pursuant to such plan to provide 
     assistance for the purpose described in such subsection;
       (2) identify annual funding levels for such Federal 
     assistance in accordance with the survey required under 
     subsection (b); and
       (3) consider a range of approaches to make such Federal 
     assistance available to such urban areas, including--
       (A) modifications to the Urban Area Security Initiative 
     under section 2003 of the Homeland Security Act of 2002 in a 
     manner that would not affect the availability of funding to 
     urban areas under such Initiative;
       (B) the establishment of a competitive grant program;
       (C) the establishment of a formula grant program; and
       (D) a timeline for the implementation of any such approach 
     and, if necessary, a legislative proposal to authorize any 
     such approach.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Mrs. Demings) and the gentleman from New York (Mr. Katko) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Mrs. DEMINGS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Mrs. DEMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of my bill, H.R. 5615, the 
Homeland Security Capabilities Preservation Act.
  In the wake of September 11, there was a recognition that cities 
across the Nation could be targeted for terrorism and that they did not 
have the resources to develop core capabilities to prevent, protect 
against, and respond to terrorist attacks and other catastrophic events 
on their own.
  Starting in 2003, cities across the Nation began receiving dedicated 
counterterrorism grant funding from the Department of Homeland 
Security's Urban Area Security Initiative grant program.
  The UASI program, as it has come to be known, provides first 
responders with the tools, resources, and training they need to safely 
and effectively protect their communities.
  At its height, the UASI program funded approximately 60 cities.
  In recent years, however, the number of cities receiving funding from 
the program has been reduced to, on average, 30 each year.
  While support to cities like New York, Los Angeles, and Chicago has 
remained constant, year-to-year fluctuations in grant funding levels 
and changes in DHS' risk formula have resulted in some cities losing 
funding unexpectedly.
  As a result, cities like Orlando, Las Vegas, and Omaha face 
uncertainty year after year about whether they will receive UASI 
funding or will be forced to try and maintain core homeland security 
capabilities on their own.
  The sudden loss of Federal support places great strain on cities that 
often lack the resources to cover such unexpected costs.
  My bill, the Homeland Security Capabilities Preservation Act, which 
is cosponsored by my friend from Nebraska (Mr. Bacon) recognizes the 
importance of preserving capabilities achieved with Federal grant 
dollars, particularly given how dynamic the terrorism threat landscape 
is today.
  It directs DHS to develop a plan for how to support the transition of 
costs associated with maintaining homeland security core capabilities 
achieved through UASI investments.
  Specifically, my bill would direct DHS, acting through FEMA, to 
survey current and former UASI cities regarding their capabilities that 
were achieved through UASI grant funding that are at risk of being 
reduced or eliminated without Federal assistance.
  Additionally, the bill would require DHS, if needed, to submit a plan 
on how to make Federal assistance available to former UASI 
jurisdictions to take on the costs of preserving UASI-funded homeland 
security capabilities, including legislation.
  This plan is the first step to ensure that all cities have the 
capabilities they need to secure themselves from terrorist threats.
  Madam Speaker, I urge my House colleagues to support this 
legislation, and I reserve the balance of my time.
  Mr. KATKO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 5615, the Homeland 
Security Capabilities Preservation Act.
  The DHS Urban Area Security Initiative provides critical funding to 
high-risk urban areas. Since UASI funding is risk-based, there are 
urban areas that develop and support certain counterterrorism 
capabilities using the grant funding but don't remain on the high-risk 
list and therefore don't consistently receive funding every year.
  This legislation simply directs the Secretary of Homeland Security to 
submit to Congress a plan to make Federal assistance available for at 
least 3 consecutive fiscal years to certain urban areas that did not 
receive funding under UASI.
  This plan will inform Congress about the needs and concerns of 
certain urban areas that may not consistently receive such funding.
  I urge Members to join me in supporting H.R. 5615, and I reserve the 
balance of my time.
  Mrs. DEMINGS. Madam Speaker, I have no further speakers, I am 
prepared to close, and I reserve the balance of my time.
  Mr. KATKO. Madam Speaker, I yield back the balance of my time.
  Mrs. DEMINGS. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, H.R. 5615 is the first step in ensuring that cities 
that fall on and off the UASI list will have the opportunity to 
preserve their capabilities that were built out with the funding 
provided by the program.
  Enacting H.R. 5615 is timelier now more than ever, particularly given 
how dynamic the terrorist threat landscape is today.
  I urge my colleagues to support H.R. 5615, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Florida (Mrs. Demings) that the House suspend the 
rules and pass the bill, H.R. 5615.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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