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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-92
======================================================================
SECURING AMERICAN NONPROFIT ORGANIZATIONS AGAINST TERRORISM ACT OF 2019
_______
May 30, 2019.--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. 2476]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2476) to amend the Homeland Security Act of 2002
to provide funding to secure nonprofit facilities from
terrorist attacks, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 4
Federal Mandates Statement....................................... 4
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 4
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
H.R. 2476, the ``Securing American Nonprofit Organizations
Against Terrorism Act of 2019'' would amend the Homeland
Security Act of 2002 to provide grant funding to secure
nonprofit facilities from terrorist attacks, and for other
purposes.
Background and Need for Legislation
In recent years, there has been an increase in violence and
threats of violence against nonprofit institutions. The latest
of which occurred on April 27, where a gunman opened fire on
congregants at a Passover celebration in a California
synagogue, killing one person and injuring three others.\1\
Other noteworthy attacks against innocent people in houses of
worship include the April 21 coordinated terrorist attacks on
churches and hotels in Sri Lanka that killed nearly 250 people
and injured more than 500 people\2\; the March 15 deadly New
Zealand mosque shootings, where 51 people were killed\3\; the
2018 Pittsburgh ``Tree of Life'' synagogue shooting, where 11
people were killed\4\; the 2017 Sutherland Springs, Texas
church shooting, where 26 people killed\5\; the 2015
Charleston, South Carolina Emanuel African Methodist Episcopal
church shooting, where nine people were killed\6\; and the 2012
shooting at a Sikh Temple in Milwaukee, Wisconsin.\7\
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\1\Deanna Paul and Katie Mettler, ``Authorities identify suspect in
hate crime' synagogue shooting that left 1 dead, 3 injured,'' The
Washington Post. April 28, 2019. Accessed on May 23, 2019. Available
at: https://www.washingtonpost.com/nation/2019/04/27/california-
synagogue-shooting-multiple-injuries/?utm_term=.4a8fa8923ff4.
\2\Sugam Pokharel, Euan McKirdy, and Tara Johnson, ``Bombs tear
through Sri Lankan churches and hotels, killing 250 people,'' CNN.
April 25, 2019. Accessed on May 23, 2019. Available at: https://
www.cnn.com/2019/04/21/asia/sri-lanka-explosions/index.html.
\3\Nick Perry, ``Christchurch Mosque Shooting Death Toll Rises to
51,'' Time. May 3, 2019. Accessed on May 23, 2019. Available at: http:/
/time.com/5582877/new-zealand-shooting-death-toll-rises/.
\4\Mallory Simon and Sara Sidner, ``A gunman slaughtered 11 Jewish
worshippers. Then people hunted for hate online,'' CNN. May 15, 2019.
Accessed on May 23, 2019. Available at: https://www.cnn.com/2019/05/15/
us/anti-semitic-searches-pittsburgh-poway-shootings-soh/index.html.
\5\Christina Maxouris, ``Nearly two years since the Sutherland
Springs church massacre, a new sanctuary marks an era of healing,''
CNN. May 20, 2019. Accessed on May 23, 2019. Available at: https://
www.cnn.com/2019/05/20/us/sutherland-springs-new-sanctuary-trnd/
index.html.
\6\Matt Zapotosky, ``Charleston church shooter: `I would like to be
crystal clear, I do not regret what I did,''' The Washington Post.
January 4, 2017. Accessed on May 23, 2019. Available at: https://
www.washingtonpost.com/world/national-security/charleston-church-
shooter-i-would-like-to-make-it-crystal-clear-i-do-not-regret-what-i-
did/2017/01/04/05b0061e-d1da-11e6-a783-
cd3fa950f2fd_story.html?utm_term=.ab66c380bf07.
\7\Jerry Markon and Michael Laris, ``At Sikh Temple in Wisconsin,
gunman kills 6; suspect is shot dead by police,'' The Washington Post.
August 5, 2012. Accessed on May 23, 2019. Available at: https://
www.washingtonpost.com/national/7-killed-including-gunman-in-shooting-
at-wisconsin-sikh-temple/2012/08/05/70692158-df2b-11e1-a19c-
fcfa365396c8_story.html?utm_term=.489618709399.
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Introduced by Representative Bennie G. Thompsons, H.R.
2476, the ``Securing American Nonprofit Organizations Against
Terrorism Act of 2019'' would, for the first time, authorize
the Department of Homeland Security's Nonprofit Security Grant
Program (NSGP), which between fiscal years (FY) 2005 and 2017
had been funded as a carve out from the Urban Area Security
Initiative (UASI) grant program. As such, only nonprofit
organizations located inside UASI jurisdictions were eligible
recipients. In FY 2018 and FY 2019, however, through
appropriations, NSGP funding became available to at risk
nonprofit organizations located outside of UASI jurisdictions,
where $50 million was made available for UASI nonprofit
organizations and $10 million was reserved for nonprofit
organizations located outside of UASI jurisdictions.\8\ H.R.
2476 would authorize the NSGP at $75 million; with $50 million
being reserved for nonprofit organizations located in UASI
jurisdictions, and $25 million for nonprofit organizations
located outside of UASI jurisdictions.
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\8\``Nonprofit Security Grant Program,'' Federal Emergency
Management Agency, Department of Homeland Security. Accessed on May 23,
2019. Available at: https://www.fema.gov/nonprofit-security-grant-
program
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A similar measure, H.R. 1486, passed the Committee on
Homeland Security and the House of Representatives last
Congress on January 9, 2018. Language from H.R. 1486 was
included in H.R. 2825, the ``Department of Homeland Security
Authorization Act,'' which passed the Committee on Homeland
Security on June 28, 2017, and subsequently passed the House of
Representatives on July 20, 2017. Subsequently, the $50,000,000
funding level authorized under H.R. 1486 was adopted in H.R.
3354, the ``Make America Secure and Prosperous Appropriations
Act, 2018,'' that passed the House of Representatives on
September 14, 2017. Similarly, H.J. Res. 31, the ``Consolidated
Appropriations Act, 2019,'' made $60,000,000 available for
nonprofit organizations that are at a high risk of terrorist
attacks. This measure became law on February 15, 2019.
The Senate companion to H.R. 2476 is S. 1539, which is
sponsored by Senator Rob Portman (R-OH).
Hearings
The Committee did not hold a legislative hearing on H.R.
2476 in the 116th Congress. However, on May 23, 2109, at a Full
Committee Hearing entitled ``A Review of the Fiscal Year 2020
Budget Request for the Department of Homeland Security,''
Members received testimony from Hon. Kevin McAleenan, Acting
Secretary of Homeland Security, where he stated:
``. . . Our responsibility . . . is to address
targeted violence, regardless of the motivation or
ideology, and I am concerned about white supremacists,
extremists and the growing attacks, especially, that
we've seen on houses of worship. It's why I responded
right away to the chairman and ranking member's
challenge to ask the Homeland Security Advisory Council
to set up a subcommittee to protect faith-based
organizations in houses of worship. And they're going
to bring a report back that tells us how we can improve
our prevention efforts in this regard. And I absolutely
agree. It's a problem, and we need to work to address
it, not only at DHS but with our investigative partners
at the FBI and with state and local.''
On May 8, 2019 the Committee also received like testimony
at a Full Committee Hearing entitled ``Confronting the Rise of
Domestic Terrorism in the Homeland.''
Similarly, in the 115th Congress, the Committee received
related testimony on November 30, 2017, at a Full Committee
hearing entitled ``World Wide Threats: Keeping America Secure
in the New Age of Terror.''
These hearings were in addition to other Committee
oversight activities that focused on the evolving terrorist
threat, including the threat of complex, coordinated terrorist
attacks, and the activities and resources needed to address
these threats.
Committee Consideration
The Committee met on May 15, 2019, with a quorum being
present, to consider H.R. 2476 and ordered the measure to be
reported to the House with a favorable recommendation, without
amendment, by unanimous consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives 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. 2476.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, 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 of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office.
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 Statement
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. 2476 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2476 would require the Secretary of the Department of Homeland
Security, acting through the Federal Emergency Management
Agency Administrator to make grants to eligible nonprofit
organizations through the state in which the organization is
located, for target hardening and other security enhancements
to protect against terrorist attacks. The Federal Emergency
Management Agency Administrator is also required to submit a
report to the Committee on Homeland Security in the House of
Representatives and the Committee on Homeland Security and
Government Affairs of the Senate annually for each of fiscal
years 2020 through 2024 on the expenditures by each grant
recipient.
The goal and objective of H.R. 2476 is to establish the
Nonprofit Security Grant Program within the Department of
Homeland Security in order to ensure that eligible nonprofit
organizations have available resources to implement security
enhancements that will protect against terrorist attacks.
Advisory on Earmarks
In compliance with rule XXI of the Rules of the House of
Representatives, 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 the rule
XXI.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Securing American Nonprofit Organizations Against Terrorism
Act of 2019''.
Sec. 2. Nonprofit Security Grant Program
This section establishes the Nonprofit Security Grant
Program within the Department of Homeland Security. It
identifies eligible recipients of the Nonprofit Security Grant
Program funding to include 501(c)(3) organizations, exempt from
tax under 501(a) of the Internal Revenue Code and determined to
be at risk of a terrorist attack by the Administrator of the
Federal Emergency Management Agency.
Additionally, it enumerates the permitted uses of Nonprofit
Security Grant Program funding to include: (1) target hardening
activities, including physical security enhancement equipment
and inspection and screening systems; (2) fees for security
training relating to physical security and cybersecurity,
target hardening, terrorism awareness, and employee awareness;
and (3) Any other appropriate activity, including cybersecurity
resilience activities, as determined by the Administrator. This
section further requires the period of performance for the use
of the Nonprofit Security Grant Program to be 36 months.
Moreover, this section requires the Federal Emergency
Management Agency Administrator to submit a report to the
Committee on Homeland Security in the House of Representatives
and the Committee on Homeland Security and Government Affairs
of the Senate annually for each of fiscal years 2020 through
2024 on the expenditures by each grant recipient.
Additionally, this section authorizes $75,000,000 for each
of fiscal years 2020 through 2024 to carry out this section. Of
that, $50,000,000 is authorized for eligible recipients located
in Urban Area Security Initiative jurisdictions, and
$25,000,000 is authorized for eligible recipients located
outside of UASI jurisdictions.
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 italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
Sec. 2001. Definitions.
* * * * * * *
Sec. 2009. Nonprofit security grant program.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under [sections 2003 and 2004]
sections 2003, 2004, and 2009 to State, local, and tribal
governments.
(b) Programs Not Affected.--This subtitle shall not be
construed to affect any of the following Federal programs:
(1) Firefighter and other assistance programs
authorized under the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.).
(2) Grants authorized under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(3) Emergency Management Performance Grants under the
amendments made by title II of the Implementing
Recommendations of the 9/11 Commission Act of 2007.
(4) Grants to protect critical infrastructure,
including port security grants authorized under section
70107 of title 46, United States Code, and the grants
authorized under title XIV and XV of the Implementing
Recommendations of the 9/11 Commission Act of 2007 and
the amendments made by such titles.
(5) The Metropolitan Medical Response System
authorized under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(6) The Interoperable Emergency Communications Grant
Program authorized under title XVIII.
(7) Grant programs other than those administered by
the Department.
(c) Relationship to Other Laws.--
(1) In general.--The grant programs authorized under
sections 2003 and 2004 shall supercede all grant
programs authorized under section 1014 of the USA
PATRIOT Act (42 U.S.C. 3714).
(2) Allocation.--The allocation of grants authorized
under section 2003 or 2004 shall be governed by the
terms of this subtitle and not by any other provision
of law.
* * * * * * *
SEC. 2009. NONPROFIT SECURITY GRANT PROGRAM.
(a) Establishment.--There is established in the Department a
program to be known as the ``Nonprofit Security Grant Program''
(in this section referred to as the ``Program''). Under the
Program, the Secretary, acting through the Administrator, shall
make grants to eligible nonprofit organizations described in
subsection (b), through the State in which such organizations
are located, for target hardening and other security
enhancements to protect against terrorist attacks.
(b) Eligible Recipients.--Eligible nonprofit organizations
described in this subsection (a) are organizations that are--
(1) described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code; and
(2) determined to be at risk of a terrorist attack by
the Administrator.
(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for any of the following uses:
(1) Target hardening activities, including physical
security enhancement equipment and inspection and
screening systems.
(2) Fees for security training relating to physical
security and cybersecurity, target hardening, terrorism
awareness, and employee awareness.
(3) Any other appropriate activity, including
cybersecurity resilience activities, as determined by
the Administrator.
(d) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36 months.
(e) Report.--The Administrator shall annually for each of
fiscal years 2020 through 2024 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 containing information on the expenditure by
each grant recipient of grant funds made under this section.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $75,000,000 for each of fiscal years 2020
through 2024 to carry out this section.
(2) Specification.--Of the amounts authorized to be
appropriated pursuant to paragraph (1)--
(A) $50,000,000 is authorized for eligible
recipients located in jurisdictions that
receive funding under section 2003; and
(B) $25,000,000 is authorized for eligible
recipients in jurisdictions not receiving
funding under section 2003.
* * * * * * *
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