[Senate Report 118-256]
[From the U.S. Government Publishing Office]
Calendar No. 657
118th Congress } { Report
SENATE
2d Session } { 118-256
_______________________________________________________________________
SECURING THE CITIES IMPROVEMENT ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 4403
TO AMEND THE HOMELAND SECURITY ACT OF 2002
TO MAKE IMPROVEMENTS TO THE SECURING THE
CITIES PROGRAM, AND FOR OTHER PURPOSES
December 2, 2024.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2024
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Sapana R. Vora, Senior Professional Staff Member
Brittany M. Hallak, Research Assistant
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 657
118th Congress } { Report
SENATE
2d Session } { 118-256
======================================================================
SECURING THE CITIES IMPROVEMENT ACT
_______
December 2, 2024.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, 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 and Governmental
Affairs, to which was referred the bill (H.R. 4467) to direct
the Under Secretary for Management of the Department of
Homeland Security to assess contracts for covered services
performed by contractor personnel along the United States land
border with Mexico, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis of the Bill, as Reported.............3
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............5
I. Purpose and Summary
H.R. 4403, 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) to
participate in the Securing the Cities (STC) program that is
operated by the Department of Homeland Security (DHS). The bill
requires the DHS 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. It also directs DHS to establish
metrics and milestones for the STC program to track its
performance and monitor its expenditures. Within two years of
enactment, H.R. 4403 also requires the DHS Secretary to submit
a report to the appropriate congressional committees regarding
the performance of STC jurisdictions in the program and any
planned changes to the program.
II. Background and Need for the Legislation
Since fiscal year 2007, DHS has implemented the STC program
which seeks to prevent attacks using nuclear or radiological
weapons (or component materials) within the United States.
Through STC, federal, state, local, tribal, and territorial
entities receive technical support and equipment from DHS to
enhance their nuclear and radiological detection
capabilities.\1\ Three jurisdictions, New York City, Jersey
City, and Newark, participated in the initial pilot phase of
the program, and today, 14 jurisdictions receive ``detection
equipment, training, exercise support, operational and
technical subject matter expertise, and programmatic support''
from the DHS Countering Weapons of Mass Destruction (CWMD)
Office,\2\ which manages the program.\3\
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\1\Government Accountability Office, Combating Nuclear Terrorism:
DHS Should Address Limitations to Its Program to Secure Key Cities
(GAO-19-327) (May 2019).
\2\As of the issuance of this report, the CWMD Act terminated in
2023, but CWMD continues to be authorized through Appropriations as
Congress explicitly and fully appropriated funds to the Office to
continue its operations through Fiscal Year 2024 and its operations
continue to be funded through Public Law 118-83.
\3\Department of Homeland Security, Countering Weapons of Mass
Destruction Office, Securing the Cities Implementation Plan (Nov. 4,
2022) https://www.dhs.gov/sites/default/files/2022-12/CWMD%20-
%20Securing%20the%20Cities%20implementation%20Plan.pdf.
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Presently, for a metropolitan area to be eligible to
participate in STC, the Homeland Security Act of 2002 requires
that a jurisdiction must be designated as a ``high-risk urban
area'' by the FEMA Urban Area Security Initiative (UASI)
program.\4\ The Homeland Security Act of 2002 requires that
UASI designations be based on an assessment of the ``relative
threat, vulnerability, and consequences from acts of
terrorism'' that the metropolitan area faces in each fiscal
year.\5\ FEMA uses UASI designations to inform implementation
for programs that are designed to help jurisdictions mitigate a
range of terrorism and extremism threats.\6\ STC, however, is
designed to only address radiological and nuclear terrorism
threats, so linking STC eligibility solely to UASI
jurisdictions does not take into account the unique risks and
vulnerabilities that jurisdictions seeking to participate in
STC face. H.R. 4403 would replace the reference to ``high-risk
urban area'' under the UASI program with a threat,
vulnerability, and consequences assessment based specifically
on radiological and nuclear threats.
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\4\Homeland Security Act of 2002 (P.L. 107-296), 6 U.S.C. 596b.
\5\Homeland Security Act of 2002 (P.L. 107-296), 6 U.S.C. 604b.
\6\Department of Homeland Security, Federal Emergency Management
Agency, Homeland Security Grant Program (https://www.fema.gov/grants/
preparedness/homeland-security) (Accessed October 29, 2024).
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In 2023, began incorporating how jurisdictions are meeting
measurable performance targets into its funding decisions which
will help in determining when a jurisdiction has sustained
capabilities to carry out the STC mission.\7\ This approach
will allow CWMD to better calibrate funding allocations to
jurisdictions at high risk of a radiological or nuclear attack
and are committed partners who dedicate their own resources to
STC activities. Maintaining STC capabilities requires dedicated
funding from the jurisdictions running the program, and under
H.R. 4403 jurisdictions that seek to remain or become an STC
partner would be incentivized to consistently budget for STC
efforts. This approach would improve budgetary planning for
both participating jurisdictions and CWMD in implementing STC.
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\7\Government Accountability Office, Nuclear Terrorism Prevention:
DHS has Strengthened the Securing the Cities Program, but Actions are
Needed to Address Key Remaining Challenges (GAO-24-106922) (March
2024).
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In addition, the Government Accountability Office has found
inconsistencies in how STC performance metrics and program
milestones are identified and tracked: each jurisdiction
currently has the flexibility to submit its own proposed
implementation timeline, and while CWMD provides jurisdictions
with a checklist to help guide planning and performance
evaluation it does not require that such checklists or
equivalent information be submitted to CWMD.\8\ H.R. 4403 would
require DHS to establish performance metrics and milestones for
STC and to improve oversight of the program by monitoring
expenditures and tracking the performance of jurisdictions
against program milestones. The bill requires DHS to submit a
report to Congress within two years that includes the
performance evaluations and any planned changes to the STC
program.
---------------------------------------------------------------------------
\8\Government Accountability Office, Combating Nuclear Terrorism:
DHS Should Address Limitations to Its Program to Secure Key Cities
(GAO-19-327) (May 2019).
---------------------------------------------------------------------------
III. Legislative History
Representative Troy Carter (D-LA-02) introduced H.R. 4403,
the Securing the Cities Improvement Act, on June 30, 2023, with
original cosponsor Representative Bennie Thompson (D-MS-02).
The bill was referred to the House Committee on Homeland
Security. The Committee considered H.R. 4403 at a business
meeting on November 8, 2023, and ordered the bill to be
favorably reported to the House by voice vote. Representative
Clay Higgins (R-LA-03) joined as a cosponsor on November 8,
2023. The House of Representatives considered H.R. 4403 on
March 5, 2024, under suspension of the rules, and passed the
bill by voice vote.
The bill was referred to the Senate Committee on Homeland
Security and Governmental Affairs. The Committee considered
H.R. 4403 at a business meeting on September 18, 2024. The bill
was ordered reported favorably by roll call vote of 10 yeas to
1 nay, with Senators Peters, Hassan, Sinema, Rosen, Ossoff,
Butler, Lankford, Romney, Scott, and Marshall voting in the
affirmative, and Senator Paul voting in the negative. Senators
Carper, Blumenthal, Johnson, and Hawley voted yea by proxy, for
the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Securing the Cities Improvement Act.''
Section 2. STC Program Eligibility, Metrics, and Congressional
Oversight
This section amends Section 1928 of the Homeland Security
Act of 2002.
It amends subsection (a) by striking ``high-risk urban
area'' and inserts ``jurisdictions designated under subsection
(c).''
It amends subsection (b)(7) to include a requirement for
the DHS Secretary to establish performance metrics and
milestones for the Securing the Cities (STC) program, and track
performance against those program metrics and milestones.
It amends subsection (c)(1) by striking the reference to
``high-risk urban areas'' and inserts a requirement for the DHS
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.
It amends subsection (d) by striking the implementation
plan, and Comptroller General review, and congressional
briefing requirements, and replacing the report requirement
with a report to Congress regarding participation in the STC
program, the establishment of metrics and milestones for the
STC program, performance of STC jurisdictions against such
metrics and milestones, and plans for any changes to the STC
program.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill 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.
VI. Congressional Budget Office Cost Estimate
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 2024, DHS allocated $35 million
to the program.
According to information from DHS, the department already
has developed performance metrics and milestones for the STC
program. Based on the costs of similar activities, CBO
estimates that evaluating and reporting on the program would
cost less than $500,000 over the 2024-2029 period. Any related
spending would be subject to the availability of appropriated
funds.
On November 21, 2023, CBO transmitted a cost estimate for
H.R. 4403, the Securing the Cities Improvement Act, as ordered
reported by the House Committee on Homeland Security on
November 8, 2023. The two pieces of legislation are similar,
and CBO's estimates of their budgetary effects are the same.
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.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in 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 XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
* * * * * * *
Subtitle B--Mission of the Office
* * * * * * *
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) Establishment.--Through the STC program the Secretary
shall--
(1) * * *
(2) * * *
(3) * * *
(4) * * *
(5) * * *
(6) * * *
[(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 from terrorist attacks and other
high-consequence events utilizing nuclear or other
radiological materials.
[(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
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.
* * * * * * *