[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5615 Reported in Senate (RS)]
<DOC>
Calendar No. 521
117th CONGRESS
2d Session
H. R. 5615
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8 (legislative day, March 7), 2022
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
September 28, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Homeland Security
Capabilities Preservation Act''.</DELETED>
<DELETED>SEC. 2. PRESERVATION OF HOMELAND SECURITY
CAPABILITIES.</DELETED>
<DELETED> (a) Plan.--</DELETED>
<DELETED> (1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Administrator of the Federal
Emergency Management Agency, 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 plan, informed by the survey information collected
pursuant to subsection (b), to make Federal assistance
available for at least three consecutive fiscal years to
certain urban areas that in the current fiscal year did not
receive grant funding under the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604) and require continued Federal assistance for the
purpose of preserving a homeland security capability related to
preventing, preparing for, protecting against, and responding
to acts of terrorism that had been developed or otherwise
supported through prior grant funding under such Initiative and
allow for such urban areas to transition to such urban areas
costs of preserving such homeland security
capabilities.</DELETED>
<DELETED> (2) Additional requirement.--The plan required
under paragraph (1) shall also contain a prohibition on an
urban area that in a fiscal year is eligible to receive Federal
assistance described in such paragraph from also receiving
grant funding under the Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002. In such a
case, such plan shall require such an urban area to promptly
notify the Administrator of the Federal Emergency Management
Agency regarding the preference of such urban area to retain
either--</DELETED>
<DELETED> (A) such eligibility for such Federal
assistance; or</DELETED>
<DELETED> (B) such receipt of such grant
funding.</DELETED>
<DELETED> (b) Survey.--In developing the plan required under
subsection (a), the Administrator of the Federal Emergency Management
Agency, shall, to ascertain the scope of Federal assistance required,
survey urban areas that--</DELETED>
<DELETED> (1) did not receive grant funding under the Urban
Area Security Initiative under section 2003 of the Homeland
Security Act of 2002 in the current fiscal year concerning
homeland security capabilities related to preventing, preparing
for, protecting against, and responding to acts of terrorism
that had been developed or otherwise supported through funding
under such Initiative that are at risk of being reduced or
eliminated without such Federal assistance;</DELETED>
<DELETED> (2) received such funding in the current fiscal
year, but did not receive such funding in at least one fiscal
year in the six fiscal years immediately preceding the current
fiscal year; and</DELETED>
<DELETED> (3) any other urban areas the Secretary determines
appropriate.</DELETED>
<DELETED> (c) Exemption.--The Secretary of Homeland Security may
exempt the Federal Emergency Management Agency from the requirements of
subchapter I of chapter 35 of title 44, United States Code (commonly
referred to as the ``Paperwork Reduction Act''), for purposes of
carrying out subsection (b) if the Secretary determines that complying
with such requirements would delay the development of the plan required
under subsection (a).</DELETED>
<DELETED> (d) Contents.--The plan required under subsection (a)
shall--</DELETED>
<DELETED> (1) establish eligibility criteria for urban areas
to receive Federal assistance pursuant to such plan to provide
assistance for the purpose described in such
subsection;</DELETED>
<DELETED> (2) identify annual funding levels for such
Federal assistance in accordance with the survey required under
subsection (b); and</DELETED>
<DELETED> (3) consider a range of approaches to make such
Federal assistance available to such urban areas, including--
</DELETED>
<DELETED> (A) modifications to the Urban Area
Security Initiative under section 2003 of the Homeland
Security Act of 2002 in a manner that would not affect
the availability of funding to urban areas under such
Initiative;</DELETED>
<DELETED> (B) the establishment of a competitive
grant program;</DELETED>
<DELETED> (C) the establishment of a formula grant
program; and</DELETED>
<DELETED> (D) a timeline for the implementation of
any such approach and, if necessary, a legislative
proposal to authorize any such approach.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Capabilities
Preservation Act''.
SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives.
(3) Covered homeland security capability.--The term
``covered homeland security capability'' means a homeland
security capability related to preventing, preparing for,
protecting against, or responding to acts of terrorism that--
(A) was developed or otherwise supported through
grant funding under the UASI before the current fiscal
year; and
(B) is at risk of being reduced or eliminated
without additional Federal financial assistance.
(4) Covered urban area.--The term ``covered urban area''
means an urban area that--
(A) during the current fiscal year did not receive
grant funding under the UASI; and
(B) requires continued Federal assistance for the
purpose of preserving a covered homeland security
capability.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) UASI.--The term ``UASI'' means the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604).
(b) Report and Proposal.--
(1) Submission to congress.--Not later than 18 months after
the date of enactment of this Act, the Secretary, acting
through the Administrator, shall submit to the appropriate
congressional committees a report regarding covered homeland
security capabilities, including a proposal relating to
providing Federal assistance to covered urban areas to preserve
such capabilities that is informed by the survey information
collected pursuant to subsection (c)--
(A) under which the Administrator would make
Federal financial assistance available for at least 3
consecutive fiscal years to covered urban areas; and
(B) that would allow covered urban areas to
transition funding for the covered homeland security
capabilities that were previously funded through the
UASI to other sources.
(2) Requirements relating to uasi funds.--The proposal
required under paragraph (1) shall contain--
(A) a prohibition on a covered urban area that
receives Federal financial assistance described in
paragraph (1)(A) during a fiscal year from also
receiving funds under the UASI during that fiscal year;
and
(B) a requirement for a covered urban area to
submit to the Administrator notice of whether the
covered urban area would elect to receive--
(i) Federal financial assistance under
paragraph (1)(A); or
(ii) funding under the UASI.
(3) Analysis.--The report required under paragraph (1)
shall include--
(A) an analysis of whether providing additional
Federal financial assistance, as described in paragraph
(1)(A), would allow covered urban areas to preserve
covered homeland security capabilities on a long-term
basis; and
(B) an analysis of whether legislative changes to
the UASI are necessary to ensure urban areas receiving
funds under the UASI are able to preserve covered
homeland security capabilities on a long-term basis.
(4) Other contents of proposal.--The proposal required
under paragraph (1) shall--
(A) set forth eligibility criteria for covered
urban areas to receive Federal assistance described in
paragraph (1)(A);
(B) identify annual funding levels that would be
required to provide Federal assistance described in
paragraph (1)(A), in accordance with the survey
required under subsection (c); and
(C) consider a range of approaches to make Federal
assistance described in paragraph (1)(A) available to
covered urban areas, including--
(i) modifications to the UASI in a manner
that would not affect the availability of
funding to urban areas under the UASI;
(ii) the establishment of a competitive
grant program;
(iii) the establishment of a formula grant
program; and
(iv) a timeline for the implementation of
any such approach and, if necessary, a
legislative proposal to authorize any such
approach.
(c) Survey.--In developing the proposal required under subsection
(b), the Administrator shall, to ascertain the scope of Federal
financial assistance required, survey--
(1) urban areas that did not receive grant funding under
the UASI during the current fiscal year concerning covered
homeland security capabilities that are at risk of being
reduced or eliminated without additional Federal financial
assistance;
(2) urban areas that received grant funding under the UASI
during the current fiscal year, but did not receive such
funding during at least 1 fiscal year of the 7 fiscal years
immediately preceding the current fiscal year; and
(3) any other urban areas the Secretary determines
appropriate.
(d) Exemption.--The Secretary may exempt the Administrator from the
requirements of subchapter I of chapter 35 of title 44, United States
Code (commonly referred to as the ``Paperwork Reduction Act''), for
purposes of carrying out subsection (c) if the Secretary determines
that complying with such requirements would delay the development of
the proposal required under subsection (b).
(e) Rule of Construction.--Nothing in this section shall be
construed to be directing or authorizing the Administrator to implement
the proposal required under subsection (b).
Calendar No. 521
117th CONGRESS
2d Session
H. R. 5615
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
September 28, 2022
Reported with an amendment