[House Report 118-320]
[From the U.S. Government Publishing Office]


118th Congress }                                          { REPORT 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-320

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                 SECURING THE CITIES IMPROVEMENT ACT

                                _______
                                

 December 19, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Green of Tennessee, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4403]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4403) to amend the Homeland Security Act of 2002 
to make improvements to the Securing the Cities program, 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.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     3
Federal Mandates Statement.......................................     4
Duplicative Federal Programs.....................................     4
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    The ``Securing the Cities Improvement Act'' amends the 
Homeland Security Act of 2002 by removing the requirement for a 
jurisdiction to be designated as a ``high-risk urban area'' by 
the Federal Emergency Management Agency (FEMA) in order to 
participate in the Securing the Cities (STC) program. Instead, 
it allows the Secretary of the Department of Homeland Security 
(DHS) to determine which cities have the capability and 
capacity to prepare for and respond to biological, 
radiological, chemical, and nuclear attacks.
    H.R. 4403 requires that DHS establish performance metrics 
and milestones for the STC program to track its performance and 
monitor its expenditures. Additionally, the legislation 
requires that DHS submit a report to Congress two years after 
enactment of the Act that evaluates the performance of the 
jurisdictions participating in the STC program by using the 
metrics and milestones DHS established; and it must outline any 
planned changes to the program.

                  Background and Need for Legislation

    In Fiscal Year (FY) 2007, DHS established the ``Securing 
the Cities Initiative'' to reduce the risk of nuclear or 
radiological threats in New York City, Jersey City, and Newark. 
Operated by DHS's Countering Weapons of Mass Destruction (CWMD) 
Office, the STC program provides ``detection equipment, 
training, exercise support, operational and technical subject 
matter expertise, and programmatic support'' to prepare for, 
protect against, and respond to high-consequence events and 
acts of terrorism.
    Since its inception, the program has expanded to 14 
metropolitan areas, including New York City, Newark, Los 
Angeles/Long Beach, the National Capital Region, Houston, 
Chicago, Atlanta, Boston, Denver, Phoenix (Maricopa Co), Miami, 
New Orleans, San Francisco, and Seattle.
    However, in order to participate in the STC program, a 
jurisdiction must be designated as a ``high-risk urban area'' 
by FEMA's Urban Area Security Initiative (UASI) program. FEMA's 
designation of ``high-risk urban areas'' may change greatly 
from one year to the next, thus creating uncertainty for the 
cities involved and the possibility of being removed from the 
STC program.
    Decoupling the requirement for a jurisdiction to be 
designated as a ``high-risk urban area'' under FEMA's UASI 
program will ensure that a jurisdiction maintains the ability 
to participate in the STC program.

                                Hearings

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the Committee did not 
hold a legislative hearing on H.R. 4403 in the 118th Congress; 
however, during the 117th Congress, the following hearing 
informed H.R. 4403:
    On July 16, 2021, the Emergency Preparedness, Response, and 
Recovery Subcommittee of the Committee on Homeland Security 
held a hearing entitled, ``Examining the U.S. Department of 
Homeland Security Countering Weapons of Mass Destruction 
Office,'' and received testimony from the Honorable Gary 
Rasicot, Acting Assistant Secretary, CWMD, DHS; and Mr. 
Christopher P. Currie, Director, Homeland Security and Justice, 
Government Accountability Office (GAO).

                        Committee Consideration

    The Committee met on Wednesday, November 8, 2023, a quorum 
being present, to consider H.R. 4403 and ordered the measure to 
be favorably reported to the House 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. 4403.

                      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 adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.




    H.R. 4403 would require the Department of Homeland Security 
(DHS) to establish performance metrics and milestones for the 
Securing the Cities (STC) program. STC provides funding to 
reduce the risk of radiological or nuclear attacks against 
major metropolitan areas in the United States by providing 
detection equipment, training, and operational support to local 
governments. H.R. 4403 also would require DHS, within two years 
of enactment, to submit a report to the Congress evaluating the 
performance of the program. In 2023, DHS allocated $35 million 
to the program.
    According to information from DHS, the department has 
already developed performance metrics and milestones for the 
STC program. Based on the cost of similar activities, CBO 
estimates that evaluating and reporting on the program would 
cost less than $500,000 over the 2024-2028 period. Any spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       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 of 1995.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 4403 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. 4403 is to amend the Homeland Security Act of 2002 to make 
improvements to the Securing the Cities program.

   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 the Legislative Branch

    The Committee finds that H.R. 4403 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 
``Securing the Cities Improvement Act.''

Sec. 2. STC program eligibility, metrics, and congressional oversight

    This section amends section 1928 of the Homeland Security 
Act of 2002 by removing the requirement that Securing the 
Cities (STC) jurisdictions be from ``high-risk urban areas.''
    This section also requires the Secretary of the Department 
of Homeland Security to establish performance metrics and 
milestones for the STC program, monitor expenditures for the 
program, and track the performance against program metrics and 
milestones.
    Additionally, this section requires the Secretary to choose 
STC jurisdictions based on the capability and capacity of the 
jurisdiction relating to preparedness and response, as well as 
threat, vulnerability, and consequences for such jurisdiction, 
regarding terrorist attacks and other high-consequence events 
utilizing nuclear or other radiological materials.
    Finally, this section requires the Secretary to submit a 
report to Congress regarding participation in the STC program, 
the establishment of metrics and milestones for the STC 
program, performance against such metrics and milestones, and 
plans for any changes to the STC 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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002



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TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

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Subtitle B--Mission of the Office

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SEC. 1928. SECURING THE CITIES PROGRAM.

  (a) Establishment.--The Secretary, through the Assistant 
Secretary, shall establish a program, to be known as the 
``Securing the Cities'' or ``STC'' program, to enhance the 
ability of the United States to detect and prevent terrorist 
attacks and other high-consequence events utilizing nuclear or 
other radiological materials that pose a high risk to homeland 
security in [high-risk urban areas] jurisdictions designated 
under subsection (c).
  (b) Elements.--Through the STC program the Secretary shall--
          (1) assist State, local, Tribal, and territorial 
        governments in designing and implementing, or enhancing 
        existing, architectures for coordinated and integrated 
        detection and interdiction of nuclear or other 
        radiological materials that are out of regulatory 
        control;
          (2) support the development of an operating 
        capability to detect and report on nuclear and other 
        radiological materials out of regulatory control;
          (3) provide resources to enhance detection, analysis, 
        communication, and coordination to better integrate 
        State, local, Tribal, and territorial assets into 
        Federal operations;
          (4) facilitate alarm adjudication and provide subject 
        matter expertise and technical assistance on concepts 
        of operations, training, exercises, and alarm response 
        protocols;
          (5) communicate with, and promote sharing of 
        information about the presence or detection of nuclear 
        or other radiological materials among appropriate 
        Federal, State, local, Tribal, and territorial 
        government agencies, in a manner that ensures 
        transparency with the jurisdictions designated under 
        subsection (c);
          (6) provide augmenting resources, as appropriate, to 
        enable State, local, Tribal, and territorial 
        governments to sustain and refresh their capabilities 
        developed under the STC program;
          [(7) monitor expenditures under the STC program and 
        track performance in meeting the goals of the STC 
        program; and]
          (7) establish performance metrics and milestones for 
        the STC program, monitor expenditures for the program, 
        and track the performance against program metrics and 
        milestones; and
          (8) provide any other assistance the Secretary 
        determines appropriate.
  (c) Designation of Jurisdictions.--
          (1) In general.--In carrying out the STC program 
        under subsection (a), the Secretary shall designate 
        jurisdictions [from among high-risk urban areas under 
        section 2003] based on the capability and capacity of 
        the jurisdiction relating to preparedness and response, 
        as well as the relative threat to such jurisdiction, 
        vulnerability of such jurisdiction, and consequences 
        for such jurisdiction, regarding terrorist attacks and 
        other high-consequence events utilizing nuclear or 
        other radiological materials.
          (2) Congressional notification.--The Secretary shall 
        notify the Committee on Homeland Security and the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs and the Committee on 
        Appropriations of the Senate not later than 3 days 
        before the designation of a new jurisdiction under 
        paragraph (1) or any change to a jurisdiction 
        previously designated under that paragraph.
  [(d) Accountability.--
          [(1) Implementation plan.--
                  [(A) In general.--The Secretary shall 
                develop, in consultation with relevant 
                stakeholders, an implementation plan for 
                carrying out the STC program that includes--
                          [(i) a discussion of the goals of the 
                        STC program and a strategy to achieve 
                        those goals;
                          [(ii) performance metrics and 
                        milestones for the STC program;
                          [(iii) measures for achieving and 
                        sustaining capabilities under the STC 
                        program; and
                          [(iv) costs associated with achieving 
                        the goals of the STC program.
                  [(B) Submission to congress.--Not later than 
                one year after the date of the enactment of the 
                Countering Weapons of Mass Destruction Act of 
                2018, the Secretary shall submit to the 
                appropriate congressional committees and the 
                Comptroller General of the United States the 
                implementation plan required by subparagraph 
                (A).
          [(2) Report required.--Not later than one year after 
        the submission of the implementation plan under 
        paragraph (1)(B), the Secretary shall submit to the 
        appropriate congressional committees and the 
        Comptroller General a report that includes--
                  [(A) an assessment of the effectiveness of 
                the STC program, based on the performance 
                metrics and milestones required by paragraph 
                (1)(A)(ii); and
                  [(B) proposals for any changes to the STC 
                program, including an explanation of how those 
                changes align with the strategy and goals of 
                the STC program and, as appropriate, address 
                any challenges faced by the STC program.
          [(3) Comptroller general review.--Not later than 18 
        months after the submission of the report required by 
        paragraph (2), the Comptroller General of the United 
        States shall submit to the appropriate congressional 
        committees a report evaluating the implementation plan 
        required by paragraph (1) and the report required by 
        paragraph (2), including an assessment of progress made 
        with respect to the performance metrics and milestones 
        required by paragraph (1)(A)(ii) and the sustainment of 
        the capabilities of the STC program.
          [(4) Briefing and submission requirements.--Before 
        making any changes to the structure or requirements of 
        the STC program, the Assistant Secretary shall--
                  [(A) consult with the appropriate 
                congressional committees; and
                  [(B) provide to those committees--
                          [(i) a briefing on the proposed 
                        changes, including a justification for 
                        the changes;
                          [(ii) documentation relating to the 
                        changes, including plans, strategies, 
                        and resources to implement the changes; 
                        and
                          [(iii) an assessment of the effect of 
                        the changes on the capabilities of the 
                        STC program, taking into consideration 
                        previous resource allocations and 
                        stakeholder input.]
  (d) Report.--Not later than two years after the date of the 
enactment of this subsection, the Secretary 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 report regarding participation in the STC 
program, the establishment of metrics and milestones for the 
STC program, performance against such metrics and milestones, 
and plans for any changes to the STC program.

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