[Congressional Record Volume 150, Number 44 (Thursday, April 1, 2004)]
[Senate]
[Pages S3579-S3582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MIKULSKI (for herself, Mr. Specter, Mrs. Murray, Mrs. 
        Clinton, Ms. Landrieu, Mr. Schumer, Mr. Lieberman, Mr. Daschle, 
        and Mr. Dayton):
  S. 2275. A bill to amend the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) to provide for homeland security assistance for high-risk 
nonprofit organizations, and for other purposes; to the Committee on 
Governmental Affairs.
  Ms. MIKULSKI. Mr. President, today I rise on behalf of myself and 
Senators Specter, Murray, Clinton, Landrieu, Dayton, Schumer, Daschle 
and Lieberman, to introduce the High-Risk Non-Profit Security and 
Safety Enhancement Act of 2004. This bill provides homeland security 
assistance for high-risk non-profits to protect them against foreign 
terrorist attacks. This legislation is critical to help protect the 
``soft targets'' of terrorism all over the United States.
  We are all aware of recent terrorist attacks in the United States, 
Spain, Germany, Iraq, Tunisia, Kenya, Morocco and Turkey. These attacks 
by Al Qaeda on an international Red Cross building, synagogues, train 
stations, hotels, airports, restaurants, night clubs, and cultural 
centers, show its willingness to attack ``soft targets'' of all types 
in order to conduct its campaign of terror.
  I want to make sure that our communities are protected and the 
buildings where citizens live, learn and work are as secure as possible 
to safeguard American lives from a potential terrorist attack. Local 
communities are on the front lines in our war against terrorism. This 
Congress must do its share to make sure that they do not have to bear 
the full cost of this war. This bill helps us do that by providing 
funds for security enhancements in buildings that Americans visit 
everyday and by providing local law enforcement with added support for 
the costs they incur in helping to guard these local buildings and 
community centers.
  Specifically, this legislation will provide up to $100 million in 
assistance to 501(c)(3) organizations demonstrating a high risk of 
terrorist attack based upon very specific standards. Organizations 
wishing to receive security enhancements under this Act must 
demonstrate that they have experienced specific threats by 
international terrorist organizations, there were prior attacks against 
similarly situated organizations, there is vulnerability of the 
specific site, the symbolic value of the site as a highly recognized 
American Institution, or that they have a specific role in responding 
to terrorist attacks.
  This bill allows the Department of Homeland Security to contract for 
security enhancements to help these high-risk non-profit organizations. 
These funds can only be used for security enhancements, such as 
concrete barriers, and ``hardening'' of windows and doors, as well as 
technical assistance to assess needs, develop plans, and train 
personnel. Funding under this Act can never be used for enhancements 
that would only be reasonably necessary to protect from neighborhood 
crime.
  This bill also helps our vital first responders, those who are on the 
frontline everyday helping to protect these ``soft targets.'' These men 
and women have the responsibility for protecting institutions against 
the possibility of terrorist attack, while they are also responding to 
the public safety needs of the entire community. By authorizing $50 
million in grant funds for local police departments, this bill provides 
real relief to local law enforcement who bear the growing costs 
associated with providing heightened security to high-risk non-profits.

  As a Nation our priority in fighting the war on terror is to be able 
to better detect, prevent and respond to acts of terrorism. This bill 
gets us one step closer to meeting those goals by helping vulnerable 
targets better detect and prevent terrorist attacks and by making sure 
that if terror strikes one of these facilities, security and safety 
measures are in place to protect the lives of those inside and around 
these buildings.
  Nothing the Senate does is more important than providing America 
security and Americans safety. I urge my colleagues to support this 
legislation because it does exactly that. It makes sure that there is 
added security for these ``soft targets'' that Americans visit everyday 
and it adds funding to support the local police, fire and rescue 
workers who are the first responders when there is a threat to one of 
these organizations. In the battle to protect our Nation from terrorist 
attacks, we must be sure to provide assistance to these high-risk non-
profit organizations that provide vital health, social, cultural, and 
educational services to the American people.
  I know others share my concerns about protecting these ``soft 
targets'' in our war against terrorism and that is why the United 
Jewish Communities, the American Red Cross, United Way, the American 
Hospital Association, the American Association of Museums, the National 
Association of Independent Colleges and Universities (NAICU), American 
Jewish Congress, the Theatre Communications Group, and the YMCA of the 
USA are all united in supporting this legislation.
  This bill not only supports homeland security, it supports hometown 
security, making our communities stronger and safer, and I encourage my 
colleagues to join me in supporting this legislation and ask unanimous 
consent to print in the Record a letter from organizations supporting 
this effort and I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
         Coalition for the High-Risk Non-Profit Security 
           Enhancement Act of 2004, March 29, 2004.
       Dear Member of Congress: Before the recess--We are 
     requesting that you sign-on as a co-sponsor of the High-Risk 
     Non-Profit Security Enhancement Act of 2004, legislation to 
     provide for homeland security assistance for high-risk non-
     profits to protect them against foreign terrorist attacks. 
     The legislative language is attached to this e-mail.
       As leaders of our nation's non-profit sector, we firmly 
     believe there is a compelling public interest in protecting 
     high-risk non-profit institutions from terrorist attacks that 
     would disrupt the vital health, social, educational and 
     spiritual services they provide to the American people, and 
     threaten the lives and well-being of American citizens who 
     operate, utilize, and live or work in proximity to such 
     institutions.
       The risk to such institutions since 9/11 is clear. Al 
     Qaeda's willingness to attack targets of all types has been 
     made readily apparent with attacks in the United States, 
     Spain, Germany, Iraq, Tunisia, Kenya, Morocco, and Turkey, 
     including an international Red Cross building, synagogues, 
     train stations, hotels, airports, restaurants, night clubs, 
     and cultural centers.
       This legislation would authorize the Secretary of Homeland 
     Security to make available in FY 2005 up to $100 million in 
     assistance to 501(c)(3) organizations demonstrating a high 
     risk of terrorist attack based upon: specific threats of 
     international terrorist organizations, prior attacks against 
     similarly situated organizations; the vulnerability of the 
     specific site; the symbolic value of the site as a highly 
     recognized American institution; or the role of the 
     institution in responding to terrorist attacks. Federal loan 
     guarantees would also be available to make loans accessible 
     on favorable terms. Funds would be allocated by a new office 
     in the Department of Homeland Security dedicated to working 
     with high-risk non-profits nationwide.
       The authorized amount of grants--$100 million--is a 
     fraction of the assessed needs of high-risk non-profits, 
     which is well in excess of $1 billion. However, in view of 
     current budgetary constraints, supporters of this legislation 
     have proposed a modest level of Federal assistance.
       Applicant organizations would submit requests to state 
     homeland security authorities that would identify and 
     prioritize high-risk institutions. Qualifying requests would 
     be forwarded to the Secretary of Homeland Security who would 
     allocate resources based on risk--maximizing the number of 
     institutions receiving security enhancements and technical 
     assistance. Payments would be made directly to contractors.

[[Page S3580]]

       Security enhancements would include items directly related 
     to the international terrorist threat, such as concrete 
     barriers, and ``hardening'' of windows and doors, as well as 
     technical assistance to assess needs, develop plans, and 
     train personnel. Funds could not be used for security 
     equipment that would reasonably be necessary for protection 
     from neighborhood crime.
       The bill also authorizes $50 million for local police 
     departments to provide additional security in areas where 
     there is a high concentration of high-risk non-profits.
           Sincerely,
       American Association of Museums.
       American Association of Homes and Services for the aging.
       American Hospital Association.
       American Jewish Congress.
       American Red Cross.
       American Society of Association Executives.
       American Symphony Orchestra League.
       Association of Art Museum Directors.
       Jewish United Fund/Jewish Federation of Metropolitan 
     Chicago.
       National Assembly of Health and Human Services 
     Organizations.
       National Association of Independent Colleges and 
     Universities.
       Theatre Communications Group.
       UJA Federation of New York.
       Union of Orthodox Jewish Congregations.
       United Synagogue of Conservative Judaism.
       United Way of America.
       YMCA of the USA.

                                S. 2275

       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 ``High Risk Nonprofit Security 
     Enhancement Act of 2004''.

     SEC. 2. FINDING.

       Congress finds that there is a public interest in 
     protecting high-risk nonprofit organizations from 
     international terrorist attacks that would disrupt the vital 
     services such organizations provide to the people of the 
     United States and threaten the lives and well-being of United 
     States citizens who operate, utilize, and live or work in 
     proximity to such organizations.

     SEC. 3. PURPOSES.

        The purposes of this Act are to--
       (1) establish within the Department of Homeland Security a 
     program to protect United States citizens at or near high-
     risk nonprofit organizations from international terrorist 
     attacks through loan guarantees and Federal contracts for 
     security enhancements and technical assistance;
       (2) establish a program within the Department of Homeland 
     Security to provide grants to local governments to assist 
     with incremental costs associated with law enforcement in 
     areas in which there are a high concentration of high-risk 
     nonprofit organizations vulnerable to international terrorist 
     attacks; and
       (3) establish an Office of Community Relations and Civic 
     Affairs within the Department of Homeland Security to focus 
     on security needs of high-risk nonprofit organizations with 
     respect to international terrorist threats.

     SEC. 4. AUTHORITY TO ENTER INTO CONTRACTS AND ISSUE FEDERAL 
                   LOAN GUARANTEES.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by adding at the end the following:

     ``TITLE XVIII--PROTECTION OF CITIZENS AT HIGH-RISK NONPROFIT 
                             ORGANIZATIONS

     ``SEC. 1801. DEFINITIONS.

       ``In this title:
       ``(1) Contract.--The term `contract' means a contract 
     between the Federal Government and a contractor selected from 
     the list of certified contractors to perform security 
     enhancements or provide technical assistance approved by the 
     Secretary under this title.
       ``(2) Favorable repayment terms.--The term `favorable 
     repayment terms' means the repayment terms of loans offered 
     to nonprofit organizations under this title that--
       ``(A) are determined by the Secretary, in consultation with 
     the Secretary of the Treasury, to be favorable under current 
     market conditions;
       ``(B) have interest rates at least 1 full percentage point 
     below the market rate; and
       ``(C) provide for repayment over a term not less than 25 
     years.
       ``(3) Nonprofit organization.--The term `nonprofit 
     organization' means an organization that--
       ``(A) is described under section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of such Code; and
       ``(B) is designated by the Secretary under section 1803(a).
       ``(4) Security enhancements.--The term `security 
     enhancements'--
       ``(A) means the purchase and installation of security 
     equipment in real property (including buildings and 
     improvements), owned or leased by a nonprofit organization, 
     specifically in response to the risk of attack at a nonprofit 
     organization by an international terrorist organization;
       ``(B) includes software security measures; and
       ``(C) does not include enhancements that would otherwise 
     have been reasonably necessary due to nonterrorist threats.
       ``(5) Technical assistance.--The term `technical 
     assistance'--
       ``(A) means guidance, assessment, recommendations, and any 
     other provision of information or expertise which assists 
     nonprofit organizations in--
       ``(i) identifying security needs;
       ``(ii) purchasing and installing security enhancements;
       ``(iii) training employees to use and maintain security 
     enhancements; or
       ``(iv) training employees to recognize and respond to 
     international terrorist threats; and
       ``(B) does not include technical assistance that would 
     otherwise have been reasonably necessary due to nonterrorist 
     threats.

     ``SEC. 1802. AUTHORITY TO ENTER INTO CONTRACTS AND ISSUE 
                   FEDERAL LOAN GUARANTEES.

       ``(a) In General.--The Secretary may--
       ``(1) enter into contracts with certified contractors for 
     security enhancements and technical assistance for nonprofit 
     organizations; and
       ``(2) issue Federal loan guarantees to financial 
     institutions in connection with loans made by such 
     institutions to nonprofit organizations for security 
     enhancements and technical assistance.
       ``(b) Loans.--The Secretary may guarantee loans under this 
     title--
       ``(1) only to the extent provided for in advance by 
     appropriations Acts; and
       ``(2) only to the extent such loans have favorable 
     repayment terms.

     ``SEC. 1803. ELIGIBILITY CRITERIA.

       ``(a) In General.--The Secretary shall designate nonprofit 
     organizations as high-risk nonprofit organizations eligible 
     for contracts or loans under this title based on the 
     vulnerability of the specific site of the nonprofit 
     organization to international terrorist attacks.
       ``(b) Vulnerability Determination.--In determining 
     vulnerability to international terrorist attacks and 
     eligibility for security enhancements or technical assistance 
     under this title, the Secretary shall consider--
       ``(1) threats of international terrorist organizations (as 
     designated by the State Department) against any group of 
     United States citizens who operate or are the principal 
     beneficiaries or users of the nonprofit organization;
       ``(2) prior attacks, within or outside the United States, 
     by international terrorist organizations against the 
     nonprofit organization or entities associated with or 
     similarly situated as the nonprofit organization;
       ``(3) the symbolic value of the site as a highly recognized 
     United States cultural or historical institution that renders 
     the site a possible target of international terrorism;
       ``(4) the role of the nonprofit organization in responding 
     to international terrorist attacks; and
       ``(5) any recommendations of the applicable State Homeland 
     Security Authority established under section 1806 or Federal, 
     State, and local law enforcement authorities.
       ``(c) Documentation.--In order to be eligible for security 
     enhancements, technical assistance or loan guarantees under 
     this title, the nonprofit organization shall provide the 
     Secretary with documentation that--
       ``(1) the nonprofit organization hosted a gathering of at 
     least 100 or more persons at least once each month at the 
     nonprofit organization site during the preceding 12 months; 
     or
       ``(2) the nonprofit organization provides services to at 
     least 500 persons each year at the nonprofit organization 
     site.
       ``(d) Technical Assistance Organizations.--If 2 or more 
     nonprofit organizations establish another nonprofit 
     organization to provide technical assistance, that 
     established organization shall be eligible to receive 
     security enhancements and technical assistance under this 
     title based upon the collective risk of the nonprofit 
     organizations it serves.

     ``SEC. 1804. USE OF LOAN GUARANTEES.

       ``Funds borrowed from lending institutions, which are 
     guaranteed by the Federal Government under this title, may be 
     used for technical assistance and security enhancements.

     ``SEC. 1805. NONPROFIT ORGANIZATION APPLICATIONS.

       ``(a) In General.--A nonprofit organization desiring 
     assistance under this title shall submit a separate 
     application for each specific site needing security 
     enhancements or technical assistance.
       ``(b) Content.--Each application shall include--
       ``(1) a detailed request for security enhancements and 
     technical assistance, from a list of approved enhancements 
     and assistance issued by the Secretary under this title;
       ``(2) a description of the intended uses of funds to be 
     borrowed under Federal loan guarantees; and
       ``(3) such other information as the Secretary shall 
     require.
       ``(c) Joint Application.--Two or more nonprofit 
     organizations located on contiguous sites may submit a joint 
     application.

     ``SEC. 1806. REVIEW BY STATE HOMELAND SECURITY AUTHORITIES.

       ``(a) Establishment of State Homeland Security 
     Authorities.--In accordance with regulations prescribed by 
     the Secretary, each State may establish a State Homeland 
     Security Authority to carry out this title.
       ``(b) Applications.--
       ``(1) Submission.--Applications shall be submitted to the 
     applicable State Homeland Security Authority.
       ``(2) Evaluation.--After consultation with Federal, State, 
     and local law enforcement

[[Page S3581]]

     authorities, the State Homeland Security Authority shall 
     evaluate all applications using the criteria under section 
     1803 and transmit all qualifying applications to the 
     Secretary ranked by severity of risk of international 
     terrorist attack.
       ``(3) Appeal.--An applicant may appeal the finding that an 
     application is not a qualifying application to the Secretary 
     under procedures that the Secretary shall issue by regulation 
     not later than 90 days after the date of enactment of this 
     title.

     ``SEC. 1807. SECURITY ENHANCEMENT AND TECHNICAL ASSISTANCE 
                   CONTRACTS AND LOAN GUARANTEES.

       ``(a) In General.--Upon receipt of the applications, the 
     Secretary shall select applications for execution of security 
     enhancement and technical assistance contracts, or issuance 
     of loan guarantees, giving preference to the nonprofit 
     organizations determined to be at greatest risk of 
     international terrorist attack based on criteria under 
     section 1803.
       ``(b) Security Enhancements and Technical Assistance; 
     Followed by Loan Guarantees.--The Secretary shall execute 
     security enhancement and technical assistance contracts for 
     the highest priority applicants until available funds are 
     expended, after which loan guarantees shall be made available 
     for additional applicants determined to be at high risk, up 
     to the authorized amount of loan guarantees. The Secretary 
     may provide with respect to a single application a 
     combination of such contracts and loan guarantees.
       ``(c) Joint Applications.--Special preference shall be 
     given to joint applications submitted on behalf of multiple 
     nonprofit organizations located in contiguous settings.
       ``(d) Maximizing Available Funds.--Subject to subsection 
     (b), the Secretary shall execute security enhancement and 
     technical assistance contracts in such amounts as to maximize 
     the number of high-risk applicants nationwide receiving 
     assistance under this title.
       ``(e) Applicant Notification.--Upon selecting a nonprofit 
     organization for assistance under this title, the Secretary 
     shall notify the nonprofit organization that the Federal 
     Government is prepared to enter into a contract with 
     certified contractors to install specified security 
     enhancements or provide specified technical assistance at the 
     site of the nonprofit organization.
       ``(f) Certified Contractors.--
       ``(1) In general.--Upon receiving a notification under 
     subsection (e), the nonprofit organization shall select a 
     certified contractor to perform the specified security 
     enhancements, from a list of certified contractors issued and 
     maintained by the Secretary under subsection (j).
       ``(2) List.--The list referred to in paragraph (1) shall be 
     comprised of contractors selected on the basis of--
       ``(A) technical expertise;
       ``(B) performance record including quality and timeliness 
     of work performed;
       ``(C) adequacy of employee criminal background checks; and
       ``(D) price competitiveness.
       ``(3) Other certified contractors.--The Secretary shall 
     include on the list of certified contractors additional 
     contractors selected by senior officials at State Homeland 
     Security Authorities and the chief executives of county and 
     other local jurisdictions. Such additional certified 
     contractors shall be selected on the basis of the criteria 
     under paragraph (2).
       ``(g) Ensuring the Availability of Contractors.--If the 
     list of certified contractors under this section does not 
     include any contractors who can begin work on the security 
     enhancements or technical assistance within 60 days after 
     applicant notification, the nonprofit organization may submit 
     a contractor not currently on the list to the Secretary for 
     the Secretary's review. If the Secretary does not include the 
     submitted contractor on the list of certified contractors 
     within 60 days after the submission and does not place an 
     alternative contractor on the list within the same time 
     period (who would be available to begin the specified work 
     within that 60-day period), the Secretary shall immediately 
     place the submitted contractor on the list of certified 
     contractors and such contractor shall remain on such list 
     until--
       ``(1) the specified work is completed; or
       ``(2) the Secretary can show cause why such contractor may 
     not retain certification, with such determinations subject to 
     review by the Comptroller General of the United States.
       ``(h) Contracts.--Upon selecting a certified contractor to 
     provide security enhancements and technical assistance 
     approved by the Secretary under this title, the nonprofit 
     organization shall notify the Secretary of such selection. 
     The Secretary shall deliver a contract to such contractor 
     within 10 business days after such notification.
       ``(i) Contracts for Additional Work or Upgrades.--A 
     nonprofit organization, using its own funds, may enter into 
     an additional contract with the certified contractor, for 
     additional or upgraded security enhancements or technical 
     assistance. Such additional contracts shall be separate 
     contracts between the nonprofit organization and the 
     contractor.
       ``(j) Expediting Assistance.--In order to expedite 
     assistance to nonprofit organizations, the Secretary shall--
       ``(1) compile a list of approved technical assistance and 
     security enhancement activities within 45 days after the date 
     of enactment of this title;
       ``(2) publish in the Federal Register within 60 days after 
     such date of enactment a request for contractors to submit 
     applications to be placed on the list of certified 
     contractors under this section;
       ``(3) after consultation with the Secretary of the 
     Treasury, publish in the Federal Register within 60 days 
     after such date of enactment, prescribe regulations setting 
     forth the conditions under which loan guarantees shall be 
     issued under this title, including application procedures, 
     expeditious review of applications, underwriting criteria, 
     assignment of loan guarantees, modifications, commercial 
     validity, defaults, and fees; and
       ``(4) publish in the Federal Register within 120 days after 
     such date of enactment (and every 30 days thereafter) a list 
     of certified contractors, including those selected by State 
     Homeland Security Authorities, county, and local officials, 
     with coverage of all 50 States, the District of Columbia, and 
     the territories.

     ``SEC. 1808. LOCAL LAW ENFORCEMENT ASSISTANCE GRANTS.

       ``(a) In General.--The Secretary may provide grants to 
     units of local government to offset incremental costs 
     associated with law enforcement in areas where there is a 
     high concentration of nonprofit organizations.
       ``(b) Use.--Grant funds received under this section may be 
     used only for personnel costs or for equipment needs 
     specifically related to such incremental costs.
       ``(c) Maximization of Impact.--The Secretary shall award 
     grants in such amounts as to maximize the impact of available 
     funds in protecting nonprofit organizations nationwide from 
     international terrorist attacks.

     ``SEC. 1809. OFFICE OF COMMUNITY RELATIONS AND CIVIC AFFAIRS.

       ``(a) In General.--There is established within the 
     Department, the Office of Community Relations and Civic 
     Affairs to administer grant programs for nonprofit 
     organizations and local law enforcement assistance.
       ``(b) Additional Responsibilities.--The Office of Community 
     Relations and Civic Affairs shall--
       ``(1) coordinate community relations efforts of the 
     Department;
       ``(2) serve as the official liaison of the Secretary to the 
     nonprofit, human and social services, and faith-based 
     communities; and
       ``(3) assist in coordinating the needs of those communities 
     with the Citizen Corps program.

     ``SEC. 1810. AUTHORIZATION OF APPROPRIATIONS AND LOAN 
                   GUARANTEES.

       ``(a) Nonprofit Organizations Program.--There are 
     authorized to be appropriated to the Department to carry out 
     the nonprofit organization program under this title, 
     $100,000,000 for fiscal year 2005 and such sums as may be 
     necessary for fiscal years 2006 and 2007.
       ``(b) Local Law Enforcement Assistance Grants.--There are 
     authorized to be appropriated to the Department for local law 
     enforcement assistance grants under section 1808, $50,000,000 
     for fiscal year 2005 and such sums as may be necessary for 
     fiscal years 2006 and 2007.
       ``(c) Office of Community Relations and Civic Affairs.--
     There are authorized to be appropriated to the Department for 
     the Office of Community Relations and Civic Affairs under 
     section 1809, $5,000,000 for fiscal year 2005 and such sums 
     as may be necessary for fiscal years 2006 and 2007.
       ``(d) Loan Guarantees.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated in each of fiscal years 2005, 
     2006, and 2007, such amounts as may be required under the 
     Federal Credit Act with respect to Federal loan guarantees 
     authorized by this title, which shall remain available until 
     expended.
       ``(2) Limitation.--The aggregate value of all loans for 
     which loan guarantees are issued under this title by the 
     Secretary may not exceed $250,000,000 in each of fiscal years 
     2005, 2006, and 2007.''.

     SEC. 5. TECHNICAL AND CONFORMING AMENDMENT.

       The table of contents under section 1(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 101(b)) is amended by adding 
     at the end the following:

     ``TITLE XVIII--PROTECTION OF CITIZENS AT HIGH-RISK NONPROFIT 
                             ORGANIZATIONS

``Sec. 1801. Definitions.
``Sec. 1802. Authority to enter into contracts and issue Federal loan 
              guarantees.
``Sec. 1803. Eligibility criteria.
``Sec. 1804. Use of loan guarantees.
``Sec. 1805. Nonprofit organization applications.
``Sec. 1806. Review by State Homeland Security Authorities.
``Sec. 1807. Security enhancement and technical assistance contracts 
              and loan guarantees.
``Sec. 1808. Local law enforcement assistance grants.
``Sec. 1809. Office of Community Relations and Civic Affairs.
``Sec. 1810. Authorization of appropriations and loan guarantees.''.

  Mr. SPECTER. Mr. President, I seek recognition today to introduce the 
High-Risk Non-Profit Security Enhancement Act of 2004 together with my 
colleague Senator Mikulski. Since 9/11, al-Qaida has attacked a series 
of so-called ``soft targets'' around the globe including hotels, 
synagogues, social centers and facilities of the Red

[[Page S3582]]

Cross. This grim reality is forcing such soft targets here in the 
United States to confront the need for very expensive security 
enhancements to their facilities. This legislation will help non-profit 
organizations--those soft targets least able to afford these security 
enhancements--to do the work that they need to do such as the building 
of concrete barriers and the ``hardening'' of windows and doors.
  On February 11, 2003, CIA Director George Tenet provided the 
following testimony to the Senate Select Committee on Intelligence:

       Until al-Qaida finds an opportunity for the big attack, it 
     will try to maintain its operational tempo by striking 
     ``softer'' targets. And what I mean by ``softer,'' Mr. 
     Chairman, are simply targets al-Qaida planners may view as 
     less well protected. . . . Al-Qaida has also sharpened its 
     focus on our Allies in Europe and on operations against 
     Israeli and Jewish targets.

  Also on February 11, 2003, FBI Director Robert S. Mueller testified 
as follows before the Senate Select Committee on Intelligence:

       Multiple small-scale attacks against soft targets--such as 
     banks, shopping malls, supermarkets, apartment buildings, 
     schools and universities, houses of worship and places of 
     recreation and entertainment--would be easier to execute and 
     would minimize the need to communicate with the central 
     leadership, lowering the risks of detection.

  The record has sadly confirmed the words of Directors Tenet and 
Mueller. Al-Qaida has been responsible for a series of attacks against 
soft targets including numerous synagogues, A Red Cross building, train 
stations, hotels airports, restaurants and night clubs. These targets 
have been in countries throughout the world including Spain, Germany, 
Iraq, Tunisia, Kenya, Morocco and Turkey.
  In the face of this very real terrorist threat, these soft targets 
have an obligation to take the necessary steps to better protect 
themselves and all who visit their facilities. These additional 
security measures place an especially heavy burden upon non-profit 
corporations with limited resources. Effective security measures do not 
come cheap.
  This legislation would authorize the Secretary of Homeland Security 
to make available in FY 2005 up to $100 million in assistance to non 
profits which demonstrate a high risk of terrorist attack. In choosing 
which projects to fund, the secretary will give preference to those non 
profit organizations he determines to be at the greatest risk of 
international terrorist attack based upon the following criteria:
  (1) Specific threats of international terrorist organizations; (2) 
Prior attacks against similarly situated organizations; (3) The 
vulnerability of the specific site; (4) The symbolic value of the site 
as a highly recognized American institution; or (5) The role of the 
institution in responding to terrorist attacks.
  Applicant organizations would submit request to state homeland 
security authorities that would identify and prioritize high-risk 
institutions. Qualifying requests would be forwarded to the Secretary 
of Homeland Security who would allocate resources based on his 
assessment of the risk. Payments would be made from the Department of 
Homeland security directly to the contractors who will do the work.
  For those programs that do not get their security projects funded, 
Federal loan guarantees would also be available so that they can take 
out loans on favorable terms. The bill also authorizes $50 million for 
local police departments to provide additional security in areas where 
there is a high concentration of high-risk non-profits.
  Mr. President, the threat of terrorism is placing an enormous burden 
on non-profit organizations that face a higher risk of terror attack 
due to their affiliation of function. This bill is an important step 
towards helping these non-profits meet these new and expensive security 
needs. It is my hope that my colleagues will join me in addressing this 
overlooked front in the war on terror.
                                 ______