[House Report 111-389]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-389

======================================================================



 
            AUTHORIZATION OF SECURING THE CITIES INITIATIVE

                                _______
                                

January 12, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2611]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 2611) to amend the Homeland Security Act of 2002 to 
authorize the Securing the Cities Initiative of the Department 
of Homeland Security, 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..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.

  (a) In General.--Title XIX of the Homeland Security Act of 2002 is 
amended by adding at the end the following new section:

``SEC. 1908. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.

  ``(a) Findings.--Congress finds the following:
          ``(1) The Securing the Cities Initiative of the Department 
        uses next generation radiation detection technology to detect 
        the transport of nuclear and radiological material in urban 
        areas by terrorists or other unauthorized individuals.
          ``(2) The technology used by partners in the Securing the 
        Cities Initiative leverages radiation detection technology used 
        at ports of entry.
          ``(3) The Securing the Cities Initiative has fostered 
        unprecedented collaboration and coordination among its Federal, 
        State, and local partners.
          ``(4) The Securing the Cities Initiative is a critical 
        national capability to detect the dangerous introduction of 
        nuclear and radiological material.
  ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Director of the Domestic Nuclear Detection Office 
of the Department for the Securing the Cities Initiative such sums as 
may be necessary for each fiscal year, including--
          ``(1) for each city in which it has been implemented by 
        fiscal year 2009--
                  ``(A) $40,000,000 for fiscal year 2010;
                  ``(B) $20,000,000 for fiscal year 2011; and
                  ``(C) not less than $10,000,000 in sustainment 
                assistance for each fiscal year thereafter; and
          ``(2) for additional Securing the Cities initiatives to be 
        implemented in not fewer than 2 sites participating in the 
        Urban Area Security Initiative, such sums as may be necessary 
        each fiscal year to implement and sustain each additional 
        initiative.''.
  (b) Conforming 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. Authorization of Securing the Cities Initiative.''.

                          Purpose and Summary

    The purpose of H.R. 2611 is to amend the Homeland Security 
Act of 2002 to authorize the Securing the Cities Initiative of 
the Department of Homeland Security, and for other purposes.

                  Background and Need for Legislation

    The detonation of an improvised nuclear device or a 
radiological dispersal device in a metropolitan area of the 
United States would have devastating consequences due to loss 
of life, destruction of property, and economic repercussions. 
As part of an overall strategy to prevent nuclear terrorism, 
the Committee recognizes that preventing illicit nuclear or 
radiological material from entering highly populated areas that 
are primary terrorist targets must be a top priority. 
Currently, the Securing the Cities Initiative is the only 
program dedicated specifically to this mission. The Securing 
the Cities Initiative uses next generation radiation detection 
technology to detect the illicit transport of nuclear and 
radiological material in and around urban areas. Enactment of 
H.R. 2611 will ensure that the Securing the Cities Initiative 
continues by permanently authorizing the program.

                                Hearings

    No hearings were held on H.R. 2611. The House of 
Representatives, however, passed H.R. 5531 in the 110th 
Congress to authorize the Securing the Cities Initiative. The 
Senate did not act on this legislation prior to adjournment 
sine die.

                        Committee Consideration

    The Committee met on November 17, 2009, to consider H.R. 
2611, and ordered the measure to be reported to the House with 
a favorable recommendation, amended, by voice vote. The 
Committee took the following actions:
    The Committee adopted the measure, as amended, by unanimous 
consent.
The following amendments were offered:
      An Amendment offered by Mr. Green (#1); Page 2, beginning 
at line 22, strike ``including'' and all that follows through 
page 3, line 2, and insert ``including-''. Page 2, after line 
22, insert the following:
          ``(1) for each city in which it has been implemented 
        by fiscal year 2009-
                  ``(A) $40,000,000 for fiscal year 2010;
                  ``(B) $20,000,000 for fiscal year 2011; and
                  ``(C) not less than $10,000,000 in 
                sustainment assistance for each fiscal year 
                thereafter; and
          ``(2) for additional Securing the Cities initiatives 
        to be implemented in not fewer than 2 sites 
        participating in the Urban Area Security Initiative, 
        such sums as may be necessary each fiscal year to 
        implement and sustain each additional initiative.''. ; 
        was AGREED TO by unanimous consent.

                            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. 2611.

                      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. 
2611, 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.

H.R. 2611--A bill to amend the Homeland Security Act of 2002 to 
        authorize the Securing the Cities Initiative of the Department 
        of Homeland Security, and for other purposes

    Summary: H.R. 2611 would authorize funding for fiscal year 
2010 and subsequent years for the Domestic Nuclear Detection 
Office in the Department of Homeland Security (DHS) to support 
the Securing the Cities Initiative, a program to detect illicit 
nuclear and radiological material in urban areas. For each city 
that participated in the program in 2009, the bill would 
authorize the appropriation of $40 million for fiscal year 
2010, $20 million for 2011, and at least $10 million for each 
subsequent year. H.R. 2611 also would authorize the 
appropriation of such sums as may be necessary for each fiscal 
year to implement this program in at least two new areas.
    CBO estimates that implementing H.R. 2611 would cost $206 
million over the 2010-2014 period, assuming appropriation of 
the necessary amounts. Enacting the bill would not affect 
direct spending or revenues.
    H.R. 2611 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2611 is shown in the following table. 
The costs of this legislation fall within budget function 750 
(administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year in millions of dollars--
                                                       ---------------------------------------------------------
                                                          2010     2011     2012     2013     2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Securing the Cities Funding for New York City:
    Estimated Authorization Level.....................       20       20       10       10       10           70
    Estimated Outlays.................................        8       14       16       13       10           61
Securing the Cities Funding for Other Areas:
    Estimated Authorization Level.....................        0       80       40       20       20          160
    Estimated Outlays.................................        0       40       40       40       25          145
    Total Changes:
        Estimated Authorization Level.................       20      100       50       30       30          230
        Estimated Outlays.............................        8       54       56       53       35          206
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the middle of calendar year 2010, the 
necessary amounts will be appropriated near the start of each 
fiscal year (except fiscal year 2010), and outlays will follow 
the historical rate of spending for those activities.
    For fiscal year 2009, the only city to participate in the 
Secure the Cities Initiative was New York City. For 2010, the 
Congress appropriated $20 million to continue that program. 
Thus, CBO estimates that H.R. 2611 would authorize the 
appropriation of an additional $20 million in 2010 (for a total 
of $40 million in 2010), $20 million in 2011, and $10 million 
for each year thereafter to continue operating the program in 
New York City.
    In addition, the bill would authorize the appropriation of 
such sums as may be necessary for each fiscal year to implement 
the Securing the Cities Initiative in at least two new 
locations. Based on information from DHS, CBO assumes that 
those cities would be chosen by the beginning of fiscal year 
2011 and that each would receive the same funding that the bill 
would authorize for New York City (but with a lag of one year 
as compared to the authorizations for New York). Thus, we 
estimate that this provision of H.R. 2611 would authorize the 
appropriation of $80 million for fiscal year 2011, $40 million 
for 2012, and $20 million for each year thereafter.
    Intergovernmental and private-sector impact: H.R. 2611 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Assuming appropriation of authorized and 
estimated amounts, certain cities would receive about $200 
million over the 2010-2014 period for security activities. Any 
costs to those governments would be incurred voluntarily as a 
condition of receiving federal assistance.
    Estimate prepared by: Federal Costs: Mark Grabowicz; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo; 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. 2611 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized: requires the 
Department of Homeland Security to continue the Securing the 
Cities Initiative.

   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.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  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.  Authorization of Securing the Cities Initiative

    This section amends the Homeland Security Act of 2002 to 
authorize appropriations for the Securing the Cities 
Initiative. For any city in which the program was implemented 
by fiscal year 2009, $40 million is authorized for fiscal year 
2010, $20 million for fiscal year 2011, and not less than $10 
million thereafter for sustainment costs. At least two 
additional cities participating in the Urban Area Security 
Initiative are also authorized such sums as may be necessary 
for implementation and sustainment of the program.
    The Securing the Cities Initiative is the only program 
dedicated to protecting any city and its surrounding region 
against radiological or nuclear threats. The Department of 
Homeland Security first launched this program in New York City, 
a top terrorist target in the Nation. Through the Securing the 
Cities Initiative, the Domestic Nuclear Detection Office has 
collaborated with State and local agencies throughout the tri-
state region to develop a unified strategy for defending 
against radiological and nuclear threats. The Committee finds 
that the Securing the Cities Initiative has fostered 
unprecedented collaboration and coordination among its Federal, 
State, and local partners and its record of success will 
enhance the security of urban areas against radiological and 
other types of threats.
    The Committee supports this vital program and the $40 
million appropriations amendment the House passed on June 24, 
2009 for the Initiative's continuation in fiscal year 2010. 
Because only $20 million of these needed funds were ultimately 
granted through the appropriations process, $20 million is 
authorized for fiscal year 2011 to make up the difference. 
Furthermore, given that a radiological attack on a major urban 
area could easily have significant ripple effects throughout 
the Nation, the Committee believes the Securing the Cities 
Initiative should be treated as a national capability with 
sustained Federal funding. For this purpose, $10 million is 
authorized annually beyond fiscal year 2011 for sustainment of 
the program.
    The Committee notes that the Securing the Cities Initiative 
can be replicated in other densely populated, high-risk areas. 
Full Federal support of the existing program and development of 
lessons learned will enable the expansion of the program. This 
bill authorizes the program to be implemented and sustained in 
at least two additional cities that participate in the Urban 
Area Security Initiative (UASI). The UASI program assists high-
risk urban areas in developing and sustaining regional 
preparedness capabilities. The Committee recognizes that these 
high-risk locales are designated as such based on a 
comprehensive risk assessment performed by the Department of 
Homeland Security, and should appropriately be considered for 
the Securing the Cities Initiative.

         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) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *



              TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE



     * * * * * * *

SEC. 1908. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.

           *       *       *       *       *       *       *


TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

           *       *       *       *       *       *       *


SEC. 1908. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.

  (a) Findings.--Congress finds the following:
          (1) The Securing the Cities Initiative of the 
        Department uses next generation radiation detection 
        technology to detect the transport of nuclear and 
        radiological material in urban areas by terrorists or 
        other unauthorized individuals.
          (2) The technology used by partners in the Securing 
        the Cities Initiative leverages radiation detection 
        technology used at ports of entry.
          (3) The Securing the Cities Initiative has fostered 
        unprecedented collaboration and coordination among its 
        Federal, State, and local partners.
          (4) The Securing the Cities Initiative is a critical 
        national capability to detect the dangerous 
        introduction of nuclear and radiological material.
  (b) Authorization of Appropriations.--There is authorized to 
be appropriated to the Director of the Domestic Nuclear 
Detection Office of the Department for the Securing the Cities 
Initiative such sums as may be necessary for each fiscal year, 
including--
          (1) for each city in which it has been implemented by 
        fiscal year 2009--
                  (A) $40,000,000 for fiscal year 2010;
                  (B) $20,000,000 for fiscal year 2011; and
                  (C) not less than $10,000,000 in sustainment 
                assistance for each fiscal year thereafter; and
          (2) for additional Securing the Cities initiatives to 
        be implemented in not fewer than 2 sites participating 
        in the Urban Area Security Initiative, such sums as may 
        be necessary each fiscal year to implement and sustain 
        each additional initiative.

           *       *       *       *       *       *       *


                                  
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