[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6825 Reported in Senate (RS)]
<DOC>
Calendar No. 507
117th CONGRESS
2d Session
H. R. 6825
[Report No. 117-165]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2022
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
September 27, 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 amend the Homeland Security Act of 2002 to enhance the funding and
administration of the Nonprofit Security Grant Program of the
Department of Homeland Security, 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 ``Nonprofit Security Grant
Program Improvement Act of 2022''.</DELETED>
<DELETED>SEC. 2. ENHANCEMENTS TO FUNDING AND ADMINISTRATION OF
NONPROFIT SECURITY GRANT PROGRAM OF THE DEPARTMENT OF
HOMELAND SECURITY.</DELETED>
<DELETED> (a) In General.--Section 2009 of the Homeland Security Act
of 2002 (6 U.S.C. 609a) is amended--</DELETED>
<DELETED> (1) in subsection (a), by inserting ``and
threats'' before the period at the end;</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``this'' before ``subsection'';
and</DELETED>
<DELETED> (B) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(2) determined by the Secretary to be at risk of
terrorist attacks and threats.'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (E),
respectively, and moving such subparagraphs, as so
redesignated, two ems to the right;</DELETED>
<DELETED> (B) in the matter preceding subparagraph
(A), as so redesignated, by striking ``The recipient''
and inserting the following:</DELETED>
<DELETED> ``(1) In general.--The recipient'';</DELETED>
<DELETED> (C) in subparagraph (A), as so
redesignated, by striking ``equipment and inspection
and screening systems'' and inserting ``equipment,
inspection and screening systems, and alteration or
remodeling of existing buildings or physical
facilities'';</DELETED>
<DELETED> (D) by inserting after subparagraph (B),
as so redesignated, the following new
subparagraphs:</DELETED>
<DELETED> ``(C) Facility security personnel costs,
including costs associated with contracted
security.</DELETED>
<DELETED> ``(D) Expenses directly related to the
administration of the grant, except that such expenses
may not exceed five percent of the amount of the
grant.''; and</DELETED>
<DELETED> (E) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) Retention.--Each State through which a
recipient receives a grant under this section may retain up to
five percent of each grant for expenses directly related to the
administration of the grant.'';</DELETED>
<DELETED> (4) in subsection (e)--</DELETED>
<DELETED> (A) by striking ``2020 through 2024'' and
inserting ``2022 through 2028''; and</DELETED>
<DELETED> (B) by adding at the end the following new
sentence: ``Each such report shall also include
information on the number of applications submitted by
eligible nonprofit organizations to each State, the
number of applications submitted by each State to the
Administrator, and the operations of the Nonprofit
Security Grant Program Office, including staffing
resources and efforts with respect to subparagraphs (A)
through (E) of subsection (c)(1).'';</DELETED>
<DELETED> (5) by redesignating subsection (f) as subsection
(j);</DELETED>
<DELETED> (6) by inserting after subsection (e) the
following new subsections:</DELETED>
<DELETED> ``(f) Administration.--Not later than 120 days after the
date of the enactment of this subsection, the Administrator shall
establish within the Federal Emergency Management Agency a program
office for the Program (in this section referred to as the `program
office'). The program office shall be headed by a senior official of
the Agency. The Administrator shall administer the Program (including,
where appropriate, in coordination with States), including relating to
the following:</DELETED>
<DELETED> ``(1) Outreach, engagement, education, and
technical assistance and support to eligible nonprofit
organizations described in subsection (b), with particular
attention to such organizations in underserved communities,
prior to, during, and after the awarding of grants, including
web-based training videos for eligible nonprofit organizations
that provide guidance on preparing an application and the
environmental planning and historic preservation
process.</DELETED>
<DELETED> ``(2) Establishment of mechanisms to ensure
program office processes are conducted in accordance with
constitutional, statutory, regulatory, and other legal and
agency policy requirements that protect civil rights and civil
liberties and, to the maximum extent practicable, advance
equity for members of underserved communities.</DELETED>
<DELETED> ``(3) Establishment of mechanisms for the
Administrator to provide feedback to eligible nonprofit
organizations that do not receive grants.</DELETED>
<DELETED> ``(4) Establishment of mechanisms to collect data
to measure the effectiveness of grants under the
Program.</DELETED>
<DELETED> ``(5) Establishment and enforcement of
standardized baseline operational requirements for States,
including requirements for States to eliminate or prevent any
administrative or operational obstacles that may impact
eligible nonprofit organizations described in subsection (b)
from receiving grants under the Program.</DELETED>
<DELETED> ``(6) Carrying out efforts to prevent waste,
fraud, and abuse, including through audits of
grantees.</DELETED>
<DELETED> ``(g) Grant Guidelines.--For each fiscal year, prior to
awarding grants under this section, the Administrator--</DELETED>
<DELETED> ``(1) shall publish guidelines, including a notice
of funding opportunity or similar announcement, as the
Administrator determines appropriate; and</DELETED>
<DELETED> ``(2) may prohibit States from closing application
processes prior to the publication of such
guidelines.</DELETED>
<DELETED> ``(h) Allocation Requirements.--</DELETED>
<DELETED> ``(1) In general.--In awarding grants under this
section, the Administrator shall ensure that--</DELETED>
<DELETED> ``(A) 50 percent of amounts appropriated
pursuant to the authorization of appropriations under
subsection (k) is provided to eligible recipients
located in high-risk urban areas that receive funding
under section 2003 in the current fiscal year or
received such funding in any of the preceding ten
fiscal years, inclusive of any amounts States may
retain pursuant to paragraph (2) of subsection (c);
and</DELETED>
<DELETED> ``(B) 50 percent of amounts appropriated
pursuant to the authorizations of appropriations under
subsection (k) is provided to eligible recipients
located in jurisdictions not receiving funding under
section 2003 in the current fiscal year or have not
received such funding in any of the preceding ten
fiscal years, inclusive of any amounts States may
retain pursuant to paragraph (2) of subsection
(c).</DELETED>
<DELETED> ``(2) Exception.--Notwithstanding paragraph (1),
the Administrator may allocate a different percentage if the
Administrator does not receive a sufficient number of
applications from eligible recipients to meet the allocation
percentages described in either subparagraph (A) or (B) of such
paragraph. If the Administrator exercises the authorization
under this paragraph, the Administrator shall, not later than
30 days after such exercise, report to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate regarding such exercise.</DELETED>
<DELETED> ``(i) Paperwork Reduction Act.--Chapter 35 of title 44,
United States Code (commonly known as the `Paperwork Reduction Act'),
shall not apply to any changes to the application materials, Program
forms, or other core Program documentation intended to enhance
participation by eligible nonprofit organizations in the
Program.'';</DELETED>
<DELETED> (7) in subsection (j), as so redesignated--
</DELETED>
<DELETED> (A) in paragraph (1), by striking ``$75
million for each of fiscal years 2020 through 2024''
and inserting ``$75,000,000 for fiscal year 2022 and
$500,000,000 for each of fiscal years 2023 through
2028''; and</DELETED>
<DELETED> (B) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(2) Operations and maintenance.--Of the amounts
authorized to be appropriated pursuant to paragraph (1), not
more than five percent is authorized--</DELETED>
<DELETED> ``(A) to operate the program office;
and</DELETED>
<DELETED> ``(B) for other costs associated with the
management, administration, and evaluation of the
Program.''; and</DELETED>
<DELETED> (8) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(k) Treatment.--Nonprofit organizations determined by
the Secretary to be at risk of extremist attacks other than terrorist
attacks and threats under subsection (a) are deemed to satisfy the
conditions specified in subsection (b) if protecting such organizations
against such other extremist attacks would help protect such
organizations against such terrorist attacks and threats.''.</DELETED>
<DELETED> (b) Plan.--Not later than 90 days after the date of the
enactment of this Act, 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 for the administration of the
program office for the Nonprofit Security Grant Program established
under subsection (f) of section 2009 of the Homeland Security Act 2002
(6 U.S.C. 609a), as amended by subsection (a), including a staffing
plan for such program office.</DELETED>
<DELETED> (c) Conforming Amendment.--Section 2008 of the Homeland
Security Act of 2002 (6 U.S.C. 609) is amended--</DELETED>
<DELETED> (1) in subsection (c) by striking ``sections 2003
and 2004'' and inserting ``sections 2003, 2004, and 2009'';
and</DELETED>
<DELETED> (2) in subsection (e), by striking ``section 2003
or 2004'' and inserting ``sections 2003, 2004, or
2009''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonprofit Security Grant Program
Improvement Act of 2022''.
SEC. 2. ENHANCEMENTS TO FUNDING AND ADMINISTRATION OF NONPROFIT
SECURITY GRANT PROGRAM OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Section 2009 of the Homeland Security Act of 2002
(6 U.S.C. 609a) is amended--
(1) in subsection (a), by inserting ``and other threats''
before the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``(a)''; and
(B) by amending paragraph (2) to read as follows:
``(2) determined by the Secretary to be at risk of
terrorists attacks and other threats.'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (E), respectively, and
adjusting the margins accordingly;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The recipient'' and
inserting the following:
``(1) In general.--The recipient'';
(C) in subparagraph (A), as so redesignated, by
striking ``equipment and inspection and screening
systems'' and inserting ``equipment, inspection and
screening systems, and alteration or remodeling of
existing buildings or physical facilities'';
(D) by inserting after subparagraph (B), as so
redesignated, the following:
``(C) Facility security personnel costs, including
contracted security.
``(D) Expenses directly related to the
administration of the grant, except that those expenses
may not exceed 5 percent of the amount of the grant.'';
and
(E) by adding at the end the following:
``(2) Retention.--Each State through which a recipient
receives a grant under this section may retain not more than 5
percent of each grant for expenses directly related to the
administration of the grant.
``(3) Outreach and technical assistance.--
``(A) In general.--If the Administrator establishes
target allocations in determining award amounts under
the Program, a State may request a project to use some
of the target allocation for outreach and technical
assistance if the State does not receive enough
eligible applications from nonprofit organizations
located outside high-risk urban areas.
``(B) Priority.--Any outreach or technical
assistance described in subparagraph (A) should
prioritize underserved communities and nonprofit
organizations that are traditionally underrepresented
in the Program.
``(C) Parameters.--In determining grant guidelines
under subsection (g), the Administrator may determine
the parameters for outreach and technical
assistance.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and inserting
``2022 through 2028'';
(B) by striking ``on the expenditure'' and
inserting ``on--
``(1) the expenditure'';
(C) in paragraph (1), as so designated, by striking
the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
``(2) the number of applications submitted by eligible
nonprofit organizations to each State;
``(3) the number of applications submitted by each State to
the Administrator; and
``(4) the operations of the program office of the Program,
including staffing resources and efforts with respect to
subparagraphs (A) through (D) of subsection (c)(1).''; and
(5) by striking subsection (f) and inserting the following:
``(f) Administration.--Not later than 120 days after the date of
enactment of the Nonprofit Security Grant Program Improvement Act of
2022, the Administrator shall ensure that within the Federal Emergency
Management Agency, a program office for the Program (in this subsection
referred to as the `program office') shall--
``(1) be headed by a senior official of the Agency; and
``(2) administer the Program (including, where appropriate,
in coordination with States), including relating to--
``(A) outreach, engagement, education, and
technical assistance and support to eligible nonprofit
organizations described in subsection (b), with
particular attention to those organizations in
underserved communities, before, during, and after the
awarding of grants, including web-based training videos
for eligible nonprofit organizations that provide
guidance on preparing an application and the
environmental planning and historic preservation
process;
``(B) the establishment of mechanisms to ensure
program office processes are conducted in accordance
with constitutional, statutory, and regulatory
requirements that protect civil rights and civil
liberties and advance equal access for members of
underserved communities;
``(C) the establishment of mechanisms for the
Administrator to provide feedback to eligible nonprofit
organizations that do not receive grants;
``(D) the establishment of mechanisms to identify
and collect data to measure the effectiveness of grants
under the Program;
``(E) the establishment and enforcement of
standardized baseline operational requirements for
States, including requirements for States to eliminate
or prevent any administrative or operational obstacles
that may impact eligible nonprofit organizations
described in subsection (b) from receiving grants under
the Program;
``(F) carrying out efforts to prevent waste, fraud,
and abuse, including through audits of grantees; and
``(G) promoting diversity in the types and
locations of eligible nonprofit organizations that are
applying for grants under the Program.
``(g) Grant Guidelines.--For each fiscal year, before awarding
grants under this section, the Administrator--
``(1) shall publish guidelines, including a notice of
funding opportunity or similar announcement, as the
Administrator determines appropriate; and
``(2) may prohibit States from closing application
processes before the publication of those guidelines.
``(h) Paperwork Reduction Act.--Chapter 35 of title 44, United
States Code (commonly known as the `Paperwork Reduction Act'), shall
not apply to any changes to the application materials, Program forms,
or other core Program documentation intended to enhance participation
by eligible nonprofit organizations in the Program.
``(i) Allocation Requirements.--
``(1) In general.--In awarding grants under this section,
the Administrator shall ensure that--
``(A) 50 percent of amounts appropriated pursuant
to the authorization of appropriations under subsection
(j) is provided to eligible recipients located in high-
risk urban areas that receive funding under section
2003 in the current fiscal year or received such
funding in any of the preceding 10 fiscal years,
inclusive of any amounts States may retain pursuant to
subsection (c)(2); and
``(B) 50 percent of amounts appropriated pursuant
to the authorizations of appropriations under
subsection (j) is provided to eligible recipients
located in jurisdictions not receiving funding under
section 2003 in the current fiscal year or have not
received such funding in any of the preceding 10 fiscal
years, inclusive of any amounts States may retain
pursuant to subsection (c)(2).
``(2) Exception.--
``(A) In general.--Notwithstanding paragraph (1),
the Administrator may allocate a different percentage
if the Administrator does not receive a sufficient
number of applications from eligible recipients to meet
the allocation percentages described in subparagraph
(A) or (B) of such paragraph.
``(B) Report.--If the Administrator exercises the
authorization under subparagraph (A), the Administrator
shall, not later than 30 days after the exercise,
report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives
regarding the exercise.
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$360,000,000 for each of fiscal years 2023 through 2028 to
carry out this section.
``(2) Transfers authorized.--During a fiscal year, the
Administrator may transfer not more than 5 percent of amounts
appropriated under this subsection or other amounts
appropriated or otherwise made available to carry out the
Program for the fiscal year to an account of the Federal
Emergency Management Agency for costs incurred for the
management, administration, or evaluation of this section.''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall seek to enter
into a contract or other agreement with an independent research
organization pursuant to which the organization will conduct a
study that analyzes and reports on--
(A) the effectiveness of the Nonprofit Security
Grant Program established under section 2009(a) of the
Homeland Security Act 2002 (6 U.S.C. 609a(a)), as
amended by subsection (a), for preparedness against
terrorism and other threats;
(B) the risk-based formula and allocations under
that program; and
(C) the risk profile of and any identifiable
factors leading to the low participation of
traditionally underrepresented groups and States under
that program.
(2) Submission.--The final report required under paragraph
(1) shall be submitted to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committees on Appropriations of the Senate and the House of
Representatives.
(3) Funding.--The Administrator may use funding authorized
under subsection (j) of section 2009 of the Homeland Security
Act of 2002 (6 U.S.C. 609a)), as amended by subsection (a), to
carry out this subsection.
(c) Technical and Conforming Amendments.--Section 2008 of the
Homeland Security Act of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (c) by striking ``sections 2003 and
2004'' and inserting ``sections 2003, 2004, and 2009''; and
(2) in subsection (e), by striking ``section 2003 or 2004''
and inserting ``section 2003, 2004, or 2009''.
Calendar No. 507
117th CONGRESS
2d Session
H. R. 6825
[Report No. 117-165]
_______________________________________________________________________
AN ACT
To amend the Homeland Security Act of 2002 to enhance the funding and
administration of the Nonprofit Security Grant Program of the
Department of Homeland Security, and for other purposes.
_______________________________________________________________________
September 27, 2022
Reported with an amendment