[House Report 117-240]
[From the U.S. Government Publishing Office]


117th Congress   }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       117-240

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



 
            HOMELAND SECURITY CAPABILITIES PRESERVATION ACT

                                _______
                                

February 1, 2022.--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. 5615]

    The Committee on Homeland Security, to whom was referred 
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, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     5
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     5
Federal Mandates Statement.......................................     5
Duplicative Federal Programs.....................................     5
Statement of General Performance Goals and Objectives............     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6

                          PURPOSE AND SUMMARY

    H.R. 5615, the ``Homeland Security Capabilities 
Preservation Act'' seeks to require the Department of Homeland 
Security (DHS) to address the needs of jurisdictions that had 
developed homeland security capabilities with funding under the 
Urban Area Security Initiative (UASI) and were removed from the 
program. Specifically, it directs the Secretary of Homeland 
Security, acting through the Administrator of the Federal 
Emergency Management Agency (FEMA), to survey certain current 
and former UASI jurisdictions regarding capabilities that were 
achieved through UASI grant funding that are at risk of being 
reduced or eliminated without Federal assistance. Then, the DHS 
Secretary is required to submit a plan to Congress for how to 
make Federal assistance available to former UASI jurisdictions 
to help such jurisdictions take on the costs of preserving 
UASI-funded homeland security capabilities.

                  BACKGROUND AND NEED FOR LEGISLATION

    In the wake of September 11, 2001, there was a recognition 
that U.S. urban centers could be terrorist targets and 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 
began receiving funding under the UASI program, a program that 
was established with the goal of enhancing ``regional 
preparedness and capabilities in designated high-threat, high-
density areas.''\1\ UASI funding is used to provide first 
responders with the tools, resources, and training they need to 
do their jobs safely and effectively. FEMA uses a risk formula, 
which has been modified over time, to determine which 
jurisdictions will be funded under the program. Specifically, 
eligibility ``. . .is determined through an analysis of 
relative risk of terrorism faced by the 100 most populous 
Metropolitan Statistical Areas (MSAs) in the United States, in 
accordance with the Homeland Security Act of 2002, as 
amended.''\2\
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    \1\``Homeland Security Grant Program,'' Federal Emergency 
Management Agency, (Aug. 16, 2021), available at https://www.fema.gov/
grants/preparedness/homeland-security.
    \2\``Fiscal Year 2021 Nonprofit Security Grant Program,'' Federal 
Emergency Management Agency, (April 14, 2021), available at https://
www.fema.gov/sites/default/files/documents/fema_fy2021-nsgp-nofo_3-2-
2021.pdf.
---------------------------------------------------------------------------
    Over the past 18 years, UASI has played an instrumental 
role in helping cities prevent and respond to terrorist threats 
and attacks.\3\ Orlando Police Chief Orlando Rolon explained, 
in testimony before the Committee, that for local law 
enforcement who are on the ``front lines of responding to any 
emergency, whether it be a terrorist attack, natural disaster, 
or global pandemic, FEMA preparedness grants are critical 
resources that bolster law enforcement's ability to prevent and 
respond to terrorist attacks and other associated threats.''\4\
---------------------------------------------------------------------------
    \3\See U.S. House Committee on Homeland Security, Subcommittee on 
Emergency Preparedness, Response, and Recovery, ``State and Local 
Perspectives on DHS Preparedness Grant Programs,'' 117th Cong. (April 
28, 2021), available at https://homeland.house.gov/activities/hearings/
state-and-local-perspectives-on-dhs-preparedness-grant-programs, with 
testimony of Orlando Rolon. Chief of Police for Orlando, Florida, and 
Eastern Region Representative Major Cities Chiefs Association.
    \4\Id.
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    In recent years, the number of jurisdictions participating 
in the UASI program has been roughly 30,\5\ which is less of 
what it was in FY 2010.\6\ While the top tier of at-risk 
jurisdictions has stayed constant, cities that rank lower on 
the list face uncertainty. Year-to-year changes in the 
terrorism risk picture, fluctuations in grant funding levels, 
and changes in DHS' risk formula can result in jurisdictions 
suddenly falling out of the program, after years of critical 
investment.
---------------------------------------------------------------------------
    \5\``Fiscal Year 2021 Homeland Security Grant Program,'' Federal 
Emergency Management Agency, (Aug. 21, 2021), available at https://
www.fema.gov/sites/default/files/documents/FEMA_FY2021-HSGP-NOFO_02-19-
21.pdf.
    \6\``Fiscal Year 2010 Homeland Security Grant Program,'' Federal 
Emergency Management Agency, (Dec. 2009), available at https://
www.fema.gov/pdf/government/grant/2010/fy10_hsgp_kit.pdf.
---------------------------------------------------------------------------
    The sudden loss of Federal support for maintaining such 
core homeland security capabilities can place great strain on 
jurisdictions who may not have the resources to cover such 
costs.\7\ In the aftermath of the Pulse Nightclub shooting, 
Sheriff Jerry Demings, in testimony before the House Committee 
on Oversight and Government Reform, stated, ``. . .we received 
UASI funding for a video camera surveillance project in the 
tourist quarter, downtown Orlando. . .due to a loss of [UASI] 
funding, we have not been able to expand the camera 
project.''\8\ In 2014, John Sadler, Senior Regional Homeland 
Security Planner for Hampton Roads, Virginia, stated, ``the 
removal of Hampton Roads from the eligibility list and loss of 
UASI funds called into question the sustainability of the work 
of six years of preparation and planning.''\9\
---------------------------------------------------------------------------
    \7\See U.S. House Committee on Homeland Security, Subcommittee on 
Emergency Preparedness, Response, and Communications, ``State of 
Emergency: The Disaster of Cutting Preparedness Grants,'' 114th Cong. 
(Mar. 15, 2016), available at https://www.govinfo.gov/content/pkg/CHRG-
114hhrg22623/html/CHRG-114hhrg22623.htm, with testimony of the 
Honorable Bill De Blasio, Mayor, New York, New York.
    \8\See U.S. House Committee on Oversight and Government Reform, 
Subcommittee on Transportation and Public Assets and the Subcommittee 
on National Security, ``Oversight of the Urban Area Security Initiative 
Grant Program,'' 114th Cong. (July 15, 2016), available at https://
www.govinfo.gov/content/pkg/CHRG-114hhrg22963/html/CHRG-
114hhrg22963.htm, with testimony of Sheriff Jerry Demings, Sheriff of 
Orange County, Orlando, Florida.
    \9\Joe Turner, ``Region Reinstated as a UASI Funded Region,'' 
Hampton Roads Planning District Commission, (April 10, 2014), available 
at https://www.hrpdcva.gov/news/index/view/id/1646.
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    Jurisdictions that have lost UASI grant funding but need to 
continue to partner with DHS to ensure that they can maintain 
security capabilities achieved with UASI could be helped under 
H.R. 5615. Specifically, this measure was introduced to help 
jurisdictions preserve their capabilities achieved with Federal 
grant dollars by directing DHS to, for the first time, develop 
a plan for how to support the transition of costs associated 
with maintaining UASI-funded homeland security core 
capabilities.

                                HEARINGS

    For the purposes of clause 3(c)(6) of rule XIII, the 
following hearings were used to develop H.R. 5615:
    The Committee did not hold a legislative hearing on H.R. 
5615 in the 117th Congress. However, the legislation was 
informed by the following hearings in the 117th Congress:
           On April 28, 2021, the Subcommittee on 
        Emergency Preparedness, Response, and Recovery held a 
        hearing entitled, ``State and Local Perspectives on DHS 
        Preparedness Grant Programs.'' The Subcommittee 
        received testimony from Mr. David Ige, Governor, 
        Hawaii; Mr. Jared Maples, Director, New Jersey Office 
        of Homeland Security and Preparedness; Mr. Orlando 
        Rolon, Chief of Police, City of Orlando, Florida; and 
        Mr. Robert Altman, Battalion Chief, Ocala Fire Rescue.
           On June 29, 2021, the Committee on Homeland 
        Security held a hearing entitled, ``Examining FEMA's 
        Readiness to Meet Its Mission.'' The Committee received 
        testimony from Deanne Criswell, Administrator, Federal 
        Emergency Management Agency, U.S. Department of 
        Homeland Security.
    H.R. 5615 was also informed by the following hearing in the 
116th Congress:
           On January 9, 2020, the Subcommittee on 
        Emergency Preparedness, Response, and Recovery held a 
        hearing entitled, ``Understanding the Importance of DHS 
        Preparedness Grants: Perspectives from the Field.'' The 
        Subcommittee received testimony from Mr. W. Greg 
        Kierce, Director, Jersey City Office of Emergency 
        Management and Homeland Security; Mr. Michael A. 
        Sprayberry, Director, North Carolina Emergency 
        Management, North Carolina Office of Recovery and 
        Resiliency; Mr. Michael G. Masters, National Director 
        and CEO, Secure Community Network; and Mr. John J. 
        Miller, Deputy Commissioner, Intelligence and 
        Counterterrorism, New York City Police Department.
    H.R. 5615 was also informed by the following hearings in 
the 114th Congress:
           On March 15, 2016, the Subcommittee on 
        Emergency Preparedness, Response, and Communications 
        held a hearing entitled, ``State of Emergency: The 
        Disaster of Cutting Preparedness Grants.'' The 
        Subcommittee received testimony from the Honorable Bill 
        de Blasio, Mayor, City of New York, New York; Mr. Jim 
        Butterworth, Director, Emergency Management Agency/
        Homeland Security, State of Georgia; Ms. Rhoda Mae 
        Kerr, Fire Chief, City of Austin Fire Department, 
        Austin, Texas; Mr. George Turner, Chief of Police, 
        Atlanta Police Department, Atlanta, Georgia; Mr. Mike 
        Sena, Director, Northern California Regional 
        Intelligence Center; and Sgt. W. Greg Kierce, Director, 
        Office of Emergency Management & Homeland Security, 
        City of Jersey City, New Jersey.
           On July 15, 2016, the House Committee on 
        Oversight and Government Reform, Subcommittee on 
        Transportation and Public Assets and Subcommittee on 
        National Security held a joint hearing entitled, 
        ``Oversight of the Urban Area Security Initiative Grant 
        Program.'' The Subcommittees received testimony from 
        Sheriff Jerry Demings, Orange County Sheriff's Office; 
        Chief John Mina, Orlando Police Department; Mr. Walter 
        Purdy, President, Terrorism Research Center; Mr. Brian 
        E. Kamoie, Assistant Administrator of Grant Program, 
        Federal Emergency Management Agency.

                        COMMITTEE CONSIDERATION

    The Committee met on October 26, 2021, a quorum being 
present, to consider H.R. 5615 and ordered the measure to be 
favorably reported to the House, without amendment, by voice 
vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII 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. 5615.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT 
                    AUTHORITY, AND TAX EXPENDITURES

    With respect to the requirements of clause 3(c)(2) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                      FEDERAL MANDATES STATEMENTS

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 5615 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 5615 is to ensure that the Department of Homeland Security 
evaluates what actions it can take to help certain urban areas 
maintain capabilities that were achieved with Urban Area 
Security Initiative funding when such urban area no longer 
receives UASI grant funding and, based on that evaluation, 
issue a plan for how to support urban areas who want to take on 
the cost of preserving such homeland security capabilities.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      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 H.R. 5615 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 states that the Act may be cited as the 
``Homeland Security Capabilities Preservation Act''.
    Sec. 2. Preservation of Homeland Security Capabilities.
    This section requires a survey of certain current and 
former UASI jurisdictions regarding capabilities that were 
achieved through UASI grant funding that are at risk of being 
reduced or eliminated without Federal assistance.
    Additionally, it would require the Secretary to submit a 
plan to Congress, within a year of enactment, for how to make 
Federal assistance available to former UASI jurisdictions to 
help such jurisdictions take on the costs of preserving UASI-
funded homeland security capabilities. The plan is to be 
informed by the survey and is to contain the following: 
information on eligibility criteria for a jurisdiction to 
receive Federal UASI homeland security capabilities 
preservation funding; information on a range of approaches to 
make funding available to include the modifications of the UASI 
program and the establishment of a competitive grant or formula 
grant program; and a timeline for implementation together with 
a legislative proposal, if necessary.

                                  [all]