117 HR 6825 RS: Nonprofit Security Grant Program Improvement Act of 2022 U.S. House of Representatives 2022-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Short title

This Act may be cited as the

Nonprofit Security Grant Program Improvement Act of 2022

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.

Short title

This Act may be cited as the

Nonprofit Security Grant Program Improvement Act of 2022

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)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

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

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.

September 27, 2022

Reported with an amendment