[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