[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5615 Referred in Senate (RFS)]

<DOC>
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

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Capabilities 
Preservation Act''.

SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.

    (a) Plan.--
            (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.
            (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--
                    (A) such eligibility for such Federal assistance; 
                or
                    (B) such receipt of such grant funding.
    (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--
            (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;
            (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
            (3) any other urban areas the Secretary determines 
        appropriate.
    (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).
    (d) Contents.--The plan required under subsection (a) shall--
            (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;
            (2) identify annual funding levels for such Federal 
        assistance in accordance with the survey required under 
        subsection (b); and
            (3) consider a range of approaches to make such Federal 
        assistance available to such urban areas, including--
                    (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;
                    (B) the establishment of a competitive grant 
                program;
                    (C) the establishment of a formula grant program; 
                and
                    (D) a timeline for the implementation of any such 
                approach and, if necessary, a legislative proposal to 
                authorize any such approach.

            Passed the House of Representatives March 7, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.