[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