[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6825 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 6825


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2022

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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,

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 threats'' before 
        the period at the end;
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``this'' before ``subsection''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) determined by the Secretary to be at risk of 
        terrorist attacks and threats.'';
            (3) in subsection (c)--
                    (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;
                    (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 new subparagraphs:
                    ``(C) Facility security personnel costs, including 
                costs associated with contracted security.
                    ``(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
                    (E) by adding at the end the following new 
                paragraph:
            ``(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.'';
            (4) in subsection (e)--
                    (A) by striking ``2020 through 2024'' and inserting 
                ``2022 through 2028''; and
                    (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).'';
            (5) by redesignating subsection (f) as subsection (j);
            (6) by inserting after subsection (e) the following new 
        subsections:
    ``(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:
            ``(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.
            ``(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.
            ``(3) Establishment of mechanisms for the Administrator to 
        provide feedback to eligible nonprofit organizations that do 
        not receive grants.
            ``(4) Establishment of mechanisms to collect data to 
        measure the effectiveness of grants under the Program.
            ``(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.
            ``(6) Carrying out efforts to prevent waste, fraud, and 
        abuse, including through audits of grantees.
    ``(g) Grant Guidelines.--For each fiscal year, prior to 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 prior to the publication of such guidelines.
    ``(h) 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 
                (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
                    ``(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).
            ``(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.
    ``(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.'';
            (7) in subsection (j), as so redesignated--
                    (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
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Operations and maintenance.--Of the amounts 
        authorized to be appropriated pursuant to paragraph (1), not 
        more than five percent is authorized--
                    ``(A) to operate the program office; and
                    ``(B) for other costs associated with the 
                management, administration, and evaluation of the 
                Program.''; and
            (8) by adding at the end the following new subsection:
    ``(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.''.
    (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.
    (c) Conforming Amendment.--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 ``sections 2003, 2004, or 2009''.

            Passed the House of Representatives May 16, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.