[House Report 114-165]
[From the U.S. Government Publishing Office]


114th Congress }                                           {  Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                           {  114-165

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



 
        STATE WIDE INTEROPERABLE COMMUNICATIONS ENHANCEMENT ACT

                                _______
                                

 June 17, 2015.--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. 2206]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2206) to amend the Homeland Security Act of 2002 
to require recipients of State Homeland Security Grant Program 
funding to preserve and strengthen interoperable emergency 
communications capabilities, 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.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee 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. SHORT TITLE.

  This Act may be cited as the ``State Wide Interoperable 
Communications Enhancement Act'' or the ``SWIC Enhancement Act''.

SEC. 2. MINIMUM CONTENTS OF APPLICATION FOR CERTAIN HOMELAND SECURITY 
                    GRANT FUNDS.

  (a) In General.--Paragraph (2) of section 2004(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 605(b)) is amended by--
          (1) redesignating subparagraphs (B) and (C) as subparagraphs 
        (C) and (D), respectively; and
          (2) inserting after subparagraph (A) the following new 
        subparagraph:
                  ``(B)(i) certification that the Governor of the State 
                has designated a Statewide Interoperability 
                Coordinator, including identification in such 
                certification of the individual so designated, who 
                shall be responsible for--
                          ``(I) coordinating the daily operations of 
                        the State's interoperability efforts;
                          ``(II) coordinating State interoperability 
                        and communications projects and grant 
                        applications for such projects;
                          ``(III) establishing and maintaining working 
                        groups to develop and implement key 
                        interoperability initiatives; and
                          ``(IV) coordinating and updating, as 
                        necessary, a Statewide Communications 
                        Interoperability Plan that specifies the 
                        current status of State efforts to enhance 
                        communications interoperability within the 
                        State, including progress, modifications, or 
                        setbacks, and future goals for communications 
                        interoperability among emergency response 
                        agencies in the State; or
                  ``(ii) if a Statewide Interoperability Coordinator 
                has not been designated in accordance with clause (i)--
                          ``(I) certification that the State is 
                        performing in another manner the functions 
                        described in subclauses (I) through (IV) of 
                        such clause; and
                          ``(II) identification in such certification 
                        of an individual who has been designated by the 
                        State as the primary point of contact for 
                        performance of such functions;''.
  (b) Limitation on Application.--The amendment made by subsection (a) 
shall not apply with respect to any grant for which an application was 
submitted under the State Homeland Security Grant Program before the 
date of the enactment of this Act.

                          Purpose and Summary

    The purpose of H.R. 2206 is to amend the Homeland Security 
Act of 2002 to require recipients of State Homeland Security 
Grant Program funding to preserve and strengthen interoperable 
emergency communications capabilities, and for other purposes.

                  Background and Need for Legislation

    Despite the investment of more than $5 billion in grant 
funding to enhance communications capabilities over the past 10 
years, interoperability remains a challenge, particularly 
during disaster scenarios. H.R. 2206 recognizes the important 
role played by Statewide Interoperability Coordinators (SWICs), 
be it through the development of Statewide Communications 
Interoperability Plans, coordinating interoperable 
communications projects and grant requests, or engaging with 
the First Responder Network Authority as it works to design and 
build the nationwide public safety broadband network. The bill 
requires a governor to certify, as part of his or her 
application for State Homeland Security Grant Program (SHSGP) 
funds, that he or she has designated a SWIC, or, if a SWIC has 
not been designated, that the State is performing in another 
manner the functions of a SWIC.

                                Hearings

    The Committee on Homeland Security did not hold any 
hearings specifically on H.R. 2206. However, in the 113th 
Congress, on November 18, 2014, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing, 
``Interoperable Communications: Assessing Progress Since 9/
11.'' The Subcommittee received testimony from RADM Ronald 
Hewitt (USCG, Ret.), Director of the Department of Homeland 
Security's Office of Emergency Communications, Mr. TJ Kennedy, 
Acting General Manager of the First Responder Network 
Authority, and Mr. Mark Grubb, Director of the Division of 
Communications of the State of Delaware's Department of Safety 
and Homeland Security. Mr. Grubb serves as Delaware's SWIC and 
is the President of the National Council of SWICs. At this 
hearing, the witnesses discussed the importance of SWICs to 
State interoperability efforts and the decline in the number of 
full time SWICs since the end of the Interoperable Emergency 
Communications Grant Program.

                        Committee Consideration

    The Committee met on May 20, 2015, to consider H.R. 2206, 
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 following amendments were offered:

 An Amendment by Mr. Loudermilk (#1); was AGREED TO by voice 
vote.

     Page 2, line 15, strike ``overseeing'' and insert 
``coordinating''.
     Page 2, line 23, strike ``implementing'' and insert 
``coordinating''.
     Page 3, line 2, insert ``, modification,'' after ``progress''.

    The Subcommittee on Emergency Preparedness, Response, and 
Communications met on May 14, 2015, to consider H.R. 2206, and 
ordered the measure to be reported to the Full Committee with a 
favorable recommendation, without amendment, by voice vote.

                            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. 2206.

                      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. 
2206, the State Wide Interoperable Communications Enhancement 
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 28, 2015.
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. 2206, the State 
Wide Interoperable Communications Enhancement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2206--State Wide Interoperable Communications Enhancement Act

    H.R. 2206 would expand the application requirements for 
funding through the State Homeland Security Grant Program. The 
bill would require states to certify as part of their grant 
application that the state has designated a statewide 
interoperability coordinator to oversee the daily operations of 
the state's interoperability programs. Those programs are aimed 
at ensuring that the communications systems of different 
emergency response agencies can work together. CBO estimates 
that implementing the legislation would have no effect on the 
federal budget because it would not modify the workload of the 
Department of Homeland Security. Enacting H.R. 2206 would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, 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. 2206 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    Both the State Homeland Security Grant Program and Urban 
Area Security Initiative permit grant recipients to use grant 
funds to pay for SWICs. In addition, the grant guidance for 
these programs requires recipients to coordinate any 
communications investments with their SWICs or their Statewide 
Interoperability Governance Body prior to application 
submission ``to ensure the project supports the statewide 
strategy to improve emergency communications and is compatible 
with surrounding systems.''\1\ To ensure that States are 
complying with this requirement and preserve gains made in 
communications interoperability using grant funds to date, the 
bill requires governors to certify that they have designated a 
SWIC or, if they have not, are fulfilling the functions of a 
SWIC in another manner.
---------------------------------------------------------------------------
    \1\Federal Emergency Management Agency, Fiscal Year 2015 Homeland 
Security Grant Program Funding Guidelines at 12.
---------------------------------------------------------------------------

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 2206 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. 2206 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2206 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 bill may be cited as the ``State 
Wide Interoperable Communications Enhancement Act'' or the 
``SWIC Enhancement Act''.

Section 2. Minimum contents of application for certain Homeland 
        Security Grant funds

    Subsection (a) requires a governor to certify, as part of 
his or her application for State Homeland Security Grant 
Program funds, that he or she has designated a Statewide 
Interoperability Coordinator (SWIC), or, if a SWIC has not been 
designated, that the State is performing in another manner the 
functions of a SWIC, including an identification of the person 
designated by the State as the primary point of contact for 
these activities.
    The section further enumerates the responsibilities of a 
SWIC, which include:
       coordinating the daily operations of the State's 
        interoperability efforts;
       coordinating State interoperability and communications 
        projects and grant applications for such projects;
       establishing and maintaining working groups to develop 
        and implement key interoperability initiatives; and
       coordinating and updating, as necessary, a Statewide 
        Communications Interoperability Plan that specifies the 
        current status of State efforts to enhance 
        communications interoperability within the State.
    Subsection (b) notes that the requirement in subsection (a) 
will not apply to any SHSGP application submitted prior to the 
date of enactment of the bill.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002




           *       *       *       *       *       *       *
TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


Subtitle A--Grants to States and High-Risk Urban Areas

           *       *       *       *       *       *       *


SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

  (a) Establishment.--There is established a State Homeland 
Security Grant Program to assist State, local, and tribal 
governments in preventing, preparing for, protecting against, 
and responding to acts of terrorism.
  (b) Application.--
          (1) In general.--Each State may apply for a grant 
        under this section, and shall submit such information 
        in support of the application as the Administrator may 
        reasonably require.
          (2) Minimum contents of application.--The 
        Administrator shall require that each State include in 
        its application, at a minimum--
                  (A) the purpose for which the State seeks 
                grant funds and the reasons why the State needs 
                the grant to meet the target capabilities of 
                that State;
                  (B)(i) certification that the Governor of the 
                State has designated a Statewide 
                Interoperability Coordinator, including 
                identification in such certification of the 
                individual so designated, who shall be 
                responsible for--
                          (I) coordinating the daily operations 
                        of the State's interoperability 
                        efforts;
                          (II) coordinating State 
                        interoperability and communications 
                        projects and grant applications for 
                        such projects;
                          (III) establishing and maintaining 
                        working groups to develop and implement 
                        key interoperability initiatives; and
                          (IV) coordinating and updating, as 
                        necessary, a Statewide Communications 
                        Interoperability Plan that specifies 
                        the current status of State efforts to 
                        enhance communications interoperability 
                        within the State, including progress, 
                        modifications, or setbacks, and future 
                        goals for communications 
                        interoperability among emergency 
                        response agencies in the State; or
                  (ii) if a Statewide Interoperability 
                Coordinator has not been designated in 
                accordance with clause (i)--
                          (I) certification that the State is 
                        performing in another manner the 
                        functions described in subclauses (I) 
                        through (IV) of such clause; and
                          (II) identification in such 
                        certification of an individual who has 
                        been designated by the State as the 
                        primary point of contact for 
                        performance of such functions;
                  [(B)] (C) a description of how the State 
                plans to allocate the grant funds to local 
                governments and Indian tribes; and
                  [(C)] (D) a budget showing how the State 
                intends to expend the grant funds.
          (3) Annual applications.--Applicants for grants under 
        this section shall apply or reapply on an annual basis.
  (c) Distribution to Local and Tribal Governments.--
          (1) In general.--Not later than 45 days after 
        receiving grant funds, any State receiving a grant 
        under this section shall make available to local and 
        tribal governments, consistent with the applicable 
        State homeland security plan--
                  (A) not less than 80 percent of the grant 
                funds;
                  (B) with the consent of local and tribal 
                governments, items, services, or activities 
                having a value of not less than 80 percent of 
                the amount of the grant; or
                  (C) with the consent of local and tribal 
                governments, grant funds combined with other 
                items, services, or activities having a total 
                value of not less than 80 percent of the amount 
                of the grant.
          (2) Certifications regarding distribution of grant 
        funds to local governments.--A State shall certify to 
        the Administrator that the State has made the 
        distribution to local and tribal governments required 
        under paragraph (1).
          (3) Extension of period.--The Governor of a State may 
        request in writing that the Administrator extend the 
        period under paragraph (1) for an additional period of 
        time. The Administrator may approve such a request if 
        the Administrator determines that the resulting delay 
        in providing grant funding to the local and tribal 
        governments is necessary to promote effective 
        investments to prevent, prepare for, protect against, 
        or respond to acts of terrorism.
          (4) Exception.--Paragraph (1) shall not apply to the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, Guam, or the Virgin Islands.
          (5) Direct funding.--If a State fails to make the 
        distribution to local or tribal governments required 
        under paragraph (1) in a timely fashion, a local or 
        tribal government entitled to receive such distribution 
        may petition the Administrator to request that grant 
        funds be provided directly to the local or tribal 
        government.
  (d) Multistate Applications.--
          (1) In general.--Instead of, or in addition to, any 
        application for a grant under subsection (b), 2 or more 
        States may submit an application for a grant under this 
        section in support of multistate efforts to prevent, 
        prepare for, protect against, and respond to acts of 
        terrorism.
          (2) Administration of grant.--If a group of States 
        applies for a grant under this section, such States 
        shall submit to the Administrator at the time of 
        application a plan describing--
                  (A) the division of responsibilities for 
                administering the grant; and
                  (B) the distribution of funding among the 
                States that are parties to the application.
  (e) Minimum Allocation.--
          (1) In general.--In allocating funds under this 
        section, the Administrator shall ensure that--
                  (A) except as provided in subparagraph (B), 
                each State receives, from the funds 
                appropriated for the State Homeland Security 
                Grant Program established under this section, 
                not less than an amount equal to--
                          (i) 0.375 percent of the total funds 
                        appropriated for grants under this 
                        section and section 2003 in fiscal year 
                        2008;
                          (ii) 0.365 percent of the total funds 
                        appropriated for grants under this 
                        section and section 2003 in fiscal year 
                        2009;
                          (iii) 0.36 percent of the total funds 
                        appropriated for grants under this 
                        section and section 2003 in fiscal year 
                        2010;
                          (iv) 0.355 percent of the total funds 
                        appropriated for grants under this 
                        section and section 2003 in fiscal year 
                        2011; and
                          (v) 0.35 percent of the total funds 
                        appropriated for grants under this 
                        section and section 2003 in fiscal year 
                        2012 and in each fiscal year 
                        thereafter; and
                  (B) for each fiscal year, American Samoa, the 
                Commonwealth of the Northern Mariana Islands, 
                Guam, and the Virgin Islands each receive, from 
                the funds appropriated for the State Homeland 
                Security Grant Program established under this 
                section, not less than an amount equal to 0.08 
                percent of the total funds appropriated for 
                grants under this section and section 2003.
          (2) Effect of multistate award on state minimum.--Any 
        portion of a multistate award provided to a State under 
        subsection (d) shall be considered in calculating the 
        minimum State allocation under this subsection.
  (f) Authorization of Appropriations.--There are authorized to 
be appropriated for grants under this section--
          (1) $950,000,000 for each of fiscal years 2008 
        through 2012; and
          (2) such sums as are necessary for fiscal year 2013, 
        and each fiscal year thereafter.

           *       *       *       *       *       *       *