[House Report 115-495]
[From the U.S. Government Publishing Office]


115th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 115-495

======================================================================

 
  SECURING AMERICAN NON-PROFIT ORGANIZATIONS AGAINST TERRORISM ACT OF 
                                  2017

                                _______
                                

January 9, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1486]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1486) to amend the Homeland Security Act of 2002 
to provide funding to secure non-profit facilities from 
terrorist attacks, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

    The amendment is as follows:
    Strike all that follows after the enacting clause and 
insert the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Securing American Non-Profit 
Organizations Against Terrorism Act of 2017''.

SEC. 2. NON-PROFIT SECURITY GRANT PROGRAM.

  (a) In General.--Subtitle A of title XX of the Homeland Security Act 
of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the 
following new section:

``SEC. 2009. NON-PROFIT SECURITY GRANT PROGRAM.

  ``(a) Establishment.--There is established in the Department a 
program to be known as the `Non-Profit Security Grant Program' (in this 
section referred to as the `Program'). Under the Program, the 
Secretary, acting through the Administrator, shall make grants to 
eligible nonprofit organizations described in subsection (b), through 
the State in which such organizations are located, for target hardening 
and other security enhancements to protect against terrorist attacks.
  ``(b) Eligible Recipients.--Eligible nonprofit organizations 
described in this subsection (a) are organizations that are--
          ``(1) described in section 501(c)(3) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) of such 
        Code; and
          ``(2) determined to be at risk of a terrorist attack by the 
        Administrator.
  ``(c) Permitted Uses.--The recipient of a grant under this section 
may use such grant for any of the following uses:
          ``(1) Target hardening activities, including physical 
        security enhancement equipment and inspection and screening 
        systems.
          ``(2) Fees for security training relating to physical 
        security and cybersecurity, target hardening, terrorism 
        awareness, and employee awareness.
          ``(3) Any other appropriate activity, including cybersecurity 
        resilience activities, as determined by the Administrator.
  ``(d) Period of Performance.--The Administrator shall make funds 
provided under this section available for use by a recipient of a grant 
for a period of not less than 36 months.
  ``(e) Report.--The Administrator shall annually for each of fiscal 
years 2018 through 2022 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 report containing information on 
the expenditure by each grant recipient of grant funds made under this 
section.
  ``(f) Authorization of Appropriations.--
          ``(1) In general.--There is authorized to be appropriated 
        $50,000,000 for each of fiscal years 2018 through 2022 to carry 
        out this section.
          ``(2) Specification.--Of the amounts authorized to be 
        appropriated pursuant to paragraph (1)--
                  ``(A) $35,000,000 is authorized for eligible 
                recipients located in jurisdictions that receive 
                funding under section 2003; and
                  ``(B) $15,000,000 is authorized for eligible 
                recipients in jurisdictions not receiving funding under 
                section 2003.''.
  (b) Conforming Amendment.--Subsection (a) of section 2002 of the 
Homeland Security Act of 2002 (6 U.S.C. 603) is amended by striking 
``sections 2003 and 2004'' and inserting ``sections 2003, 2004, and 
2009''.
  (c) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 2008 the following new item:

``Sec. 2009. Non-profit security grant program.''.

                          Purpose and Summary

    The purpose of H.R. 1486 is to amend the Homeland Security 
Act of 2002 to provide funding to secure non-profit facilities 
from terrorist attacks.

                  Background and Need for Legislation

    H.R. 1486 authorizes the Non-Profit Security Grant Program 
for the first time, recognizing the impact of this program on 
the security of non-profit organizations at risk of terrorist 
attacks, many of which have recently seen an increase in 
threats.
    This legislation was included in H.R. 2825, the 
``Department of Homeland Security Authorization Act,'' which 
passed the Committee on Homeland Security on June 28, 2017, and 
subsequently passed the House of Representatives on July 20, 
2017. The Senate has yet to take action on that measure. In 
addition, the funding level included in this legislation is 
consistent with H.R. 3354, the ``Make America Secure and 
Prosperous Appropriations Act, 2018,'' which appropriates 
$50,000,000 for such non-profit organizations who are at high 
risk of a terrorist attack. That measure passed the House of 
Representatives on September 14, 2017.

                                Hearings

    No hearings were held on H.R. 1486 in the 115th Congress. 
However, in both the 115th and 114th Congresses, the Committee 
held hearings and briefings on the evolving terrorist threat, 
including the threat of complex, coordinated terrorist attacks, 
and the activities and resources needed to address these 
threats. In addition, the importance of the Non-Profit Security 
Grant Program was discussed at a Full Committee hearing, held 
on November 30, 2017.
    On November 30, 2017, the Committee held a hearing entitled 
``World Wide Threats: Keeping America Secure in the New Age of 
Terror.'' The Committee recieved testimony from Hon. Elaine C. 
Duke, Acting Secretary, Department of Homeland Security; Hon. 
Christopher A. Wray, Director, Federal Bureau of Investigation, 
U.S. Department of Justice; ,. Nicholas J. Rasmussen, Director, 
The National Counterterrorism Center, Office of the Director of 
National Intelligence; Mr. David B. Rausch, Chief of Police, 
City of Knoxville, Tennessee, testifying on behalf of the 
International Association of Chiefs of Police; Rabbi Abraham 
Cooper, Associate Dean, Director Global Social Action Agenda, 
Simon Wiesenthal Center; and Mr. J. Richard Cohen, President, 
Southern Poverty Law Center.

                        Committee Consideration

    The Committee met on December 13, 2017, to consider H.R. 
1486, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mr. 
Thompson of Mississippi (#1); was AGREED TO, as amended by 
voice vote.

 An amendment offered by Mr. Langevin to the Amendment in the 
Nature of a Substitute (#1A); was AGREED TO by voice vote.
     Page 2, line 18, insert ``including cybersecurity resilience 
activities,'' after ``appropriate activity,''.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1486.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1486, the Securing American Non-Profit Organizations Against 
Terrorism Act of 2017, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 1486 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The goals and objectives of H.R. 1486 are to establish the 
Non-Profit Security Grant Program within the Department of 
Homeland Security in order to ensure that eligible non-profit 
organizations have available resources to implement security 
enhancements that will protect against terrorist attacks.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 1486 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1486 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1486 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Securing American Non-Profit Organizations Against Terrorism 
Act of 2017''.

Sec. 2.   Non-Profit Security Grant Program..

    This section establishes the Non-Profit Security Grant 
Program within the Department of Homeland Security. Under the 
Program, the Secretary of the Department of Homeland Security, 
acting through the Federal Emergency Management Agency 
Administrator, shall make grants to eligible nonprofit 
organizations through the State where the organizations are 
located.
    This section also specifically identifies eligible 
recipients of the grants as 501(c)(3) organizations that are 
exempt from tax under 501(a) of the Internal Revenue Code that 
are determined to be at risk of a terrorist attack by the 
Administrator.
    Additionally, this section authorizes the use of grants for 
target hardening activities, including physical security 
enhancement equipment and inspection and screening systems. In 
addition, grants can be used for fees for security training 
relating to physical security and cybersecurity, target 
hardening, terrorism awareness, employee awareness, and any 
other appropriate activity as determined by the Administrator.
    Further, this section requires the Administrator to submit 
a report containing information on the expenditure by each 
grant recipient of grant funds made under this section annually 
from Fiscal Year through Fiscal Year to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the 
Senate.
    In addition, this section authorizes $50,000,000 for each 
year from Fiscal Year through Fiscal Year to carry out this 
section. Of that, $35,000,000 is authorized for eligible 
recipients located in Urban Areas Security Initiative Program 
(UASI) jurisdictions and $15,000,000 is authorized for eligible 
recipients who are not located in UASI jurisdictions.
    Last, this section makes a conforming and clerical 
amendment to update section numbering and the table of contents 
in the Homeland Security Act of 2002 (Pub. L. 107-296).
    This program has traditionally been funded as a carve out 
of funding appropriated for the Urban Area Security Initiative 
(UASI). In recognition of this increase in threats, this 
legislation expands eligibility to non-profit organizations 
located outside of UASI jurisdictions. H.R. 1486 divides the 
funding authorization between the two types of eligible 
applicants with $35 million authorized for organizations in 
UASI jurisdictions and $15 million for organizations outside 
UASI jurisdictions. In expanding eligibility, the Committee 
does not intend for organizations outside of UASI jurisdictions 
to be funded from the UASI account.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

           *       *       *       *       *       *       *


                   TITLE XX--HOMELAND SECURITY GRANTS

Sec. 2001. Definitions.

         Subtitle A--Grants to States and High-Risk Urban Areas

Sec. 2002. Homeland Security Grant Programs.
Sec. 2003. Urban Area Security Initiative.
Sec. 2004. State Homeland Security Grant Program.
Sec. 2005. Grants to directly eligible tribes.
Sec. 2006. Terrorism prevention.
Sec. 2007. Prioritization.
Sec. 2008. Use of funds.
Sec. 2009. Non-profit security grant program.

           *       *       *       *       *       *       *


TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


         Subtitle A--Grants to States and High-Risk Urban Areas

SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.

  (a) Grants Authorized.--The Secretary, through the 
Administrator, may award grants under [sections 2003 and 2004] 
sections 2003, 2004, and 2009 to State, local, and tribal 
governments.
  (b) Programs Not Affected.--This subtitle shall not be 
construed to affect any of the following Federal programs:
          (1) Firefighter and other assistance programs 
        authorized under the Federal Fire Prevention and 
        Control Act of 1974 (15 U.S.C. 2201 et seq.).
          (2) Grants authorized under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5121 et seq.).
          (3) Emergency Management Performance Grants under the 
        amendments made by title II of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007.
          (4) Grants to protect critical infrastructure, 
        including port security grants authorized under section 
        70107 of title 46, United States Code, and the grants 
        authorized under title XIV and XV of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 and 
        the amendments made by such titles.
          (5) The Metropolitan Medical Response System 
        authorized under section 635 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 723).
          (6) The Interoperable Emergency Communications Grant 
        Program authorized under title XVIII.
          (7) Grant programs other than those administered by 
        the Department.
  (c) Relationship to Other Laws.--
          (1) In general.--The grant programs authorized under 
        sections 2003 and 2004 shall supercede all grant 
        programs authorized under section 1014 of the USA 
        PATRIOT Act (42 U.S.C. 3714).
          (2) Allocation.--The allocation of grants authorized 
        under section 2003 or 2004 shall be governed by the 
        terms of this subtitle and not by any other provision 
        of law.

           *       *       *       *       *       *       *


SEC. 2009. NON-PROFIT SECURITY GRANT PROGRAM.

  (a) Establishment.--There is established in the Department a 
program to be known as the ``Non-Profit Security Grant 
Program'' (in this section referred to as the ``Program''). 
Under the Program, the Secretary, acting through the 
Administrator, shall make grants to eligible nonprofit 
organizations described in subsection (b), through the State in 
which such organizations are located, for target hardening and 
other security enhancements to protect against terrorist 
attacks.
  (b) Eligible Recipients.--Eligible nonprofit organizations 
described in this subsection (a) are organizations that are--
          (1) described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from tax under section 
        501(a) of such Code; and
          (2) determined to be at risk of a terrorist attack by 
        the Administrator.
  (c) Permitted Uses.--The recipient of a grant under this 
section may use such grant for any of the following uses:
          (1) Target hardening activities, including physical 
        security enhancement equipment and inspection and 
        screening systems.
          (2) Fees for security training relating to physical 
        security and cybersecurity, target hardening, terrorism 
        awareness, and employee awareness.
          (3) Any other appropriate activity, including 
        cybersecurity resilience activities, as determined by 
        the Administrator.
  (d) Period of Performance.--The Administrator shall make 
funds provided under this section available for use by a 
recipient of a grant for a period of not less than 36 months.
  (e) Report.--The Administrator shall annually for each of 
fiscal years 2018 through 2022 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 report containing information on the expenditure by 
each grant recipient of grant funds made under this section.
  (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated $50,000,000 for each of fiscal years 2018 
        through 2022 to carry out this section.
          (2) Specification.--Of the amounts authorized to be 
        appropriated pursuant to paragraph (1)--
                  (A) $35,000,000 is authorized for eligible 
                recipients located in jurisdictions that 
                receive funding under section 2003; and
                  (B) $15,000,000 is authorized for eligible 
                recipients in jurisdictions not receiving 
                funding under section 2003.

           *       *       *       *       *       *       *