[Senate Report 117-165]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 507
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-165
_______________________________________________________________________

                                     


        NONPROFIT SECURITY GRANT PROGRAM IMPROVEMENT ACT OF 2022

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 6825

             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







[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]







               September 27, 2022.--Ordered to be printed 
               
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
29-010                   WASHINGTON : 2022
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
                     Laura W. Kilbride, Chief Clerk
















                                                      Calendar No. 507
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-165

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



 
        NONPROFIT SECURITY GRANT PROGRAM IMPROVEMENT ACT OF 2022

                                _______
                                

               September 27, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 6825]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 6825) 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, having 
considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                    Page
  I. Purpose and Summary.............................................. 1
 II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 3
 IV. Section-by-Section Analysis of the Bill, as Reported............. 4
  V. Evaluation of Regulatory Impact.................................. 5
 VI. Congressional Budget Office Cost Estimate........................ 5
VII. Changes in Existing Law Made by the Bill, as Reported............ 7

                         I. Purpose and Summary

    H.R. 6825, the Nonprofit Security Grant Program Improvement 
Act, amends the Homeland Security Act of 2002 to enhance the 
administration of the Nonprofit Security Grant Program (NSGP) 
of the Department of Homeland Security (DHS) and increase its 
funding authorization. Specifically, the bill requires the 
program office within the Federal Emergency Management Agency 
(FEMA) that administers the NSGP to provide dedicated outreach, 
engagement, education, technical assistance, and support to 
eligible nonprofits, with particular attention to nonprofits in 
underserved communities, and to set certain guidelines for the 
program. The bill increases the NSGP's authorization to $360 
million annually and requires funding to be split evenly 
between nonprofits located within and outside of Urban Area 
Security Initiative (UASI) jurisdictions. Contracted security 
personnel and physical security enhancements are added as 
eligible uses of funds. The bill also authorizes a percentage 
of funding for states, FEMA, and grantees to administer the 
program and requires FEMA to enter into an agreement with an 
independent research organization to study the effectiveness of 
the grant program. Additionally, it allows states to request a 
portion of funds to be used for technical assistance and 
outreach if certain conditions are met.

              II. Background and Need for the Legislation

    Recent acts of violence, or threats of violence, illustrate 
the security challenges currently facing nonprofit 
institutions, such as houses of worship. Religious communities 
and institutions have been frequent targets of violent 
extremists, both domestic and international. In 2012, a mass 
shooting took place at a gurdwara in Oak Creek, Wisconsin that 
took the lives of six people and wounded four others.\1\ In 
2015, a mass shooting occurred in Charleston, South Carolina, 
in which nine African Americans were killed during a Bible 
study at the Emanuel African Methodist Episcopal Church.\2\ The 
most deadly anti-Semitic attack in U.S. History occurred on 
October 27, 2018, at the Tree of Life--or L'Simcha Congregation 
Synagogue. Once Shabbat morning services were underway, the 
gunman, armed with three handguns and a semi-automatic rifle, 
shot and killed 11 people and wounded another six.\3\ On 
January 15, 2022, an armed individual entered Congregation Beth 
Israel synagogue in Colleyville, Texas, and held four people 
hostage for 11 hours.\4\ Additionally, over the past year, 
nonprofits such as Historically Black Colleges and Universities 
(HBCUs), and other Black institutions, have faced a disturbing 
number of bomb threats.\5\ In 2022 alone, there have been at 
least 36 bomb threats to HBCUs.\6\
---------------------------------------------------------------------------
    \1\Remembering the Oak Creek killings, a harbinger of white 
supremacist violence, NPR (August 5, 2022), available at https://
www.npr.org/2022/08/05/1115931555/remembering-the-oak-creek-killings-a-
harbinger-of-white-supremacist-violence.
    \2\Nine Killed in Shooting at Black Church in Charleston, New York 
Times, (June 17, 2015), available at https://www.nytimes.com/2015/06/
18/us/church-attacked-in-charleston-south-carolina.html.
    \3\What's Known About Robert Bowers, The Suspect In The Pittsburgh 
Synagogue Shooting, NPR (Oct. 27, 2018), available at https://
www.npr.org/2018/10/27/661409410/whats-known-about-robert-bowers-the-
suspect-in-the-pittsburgh-synagogue-shooting.
    \4\FBI Identifies Hostage-Taker at Texas Synagogue, CNN, (Jan. 17, 
2022), available at https://www.cnn.com/2022/01/16/us/colleyvilletexas-
hostage-situation-sunday/index.html.
    \5\After bomb threats at HBCUs across the country, students wonder 
why there's not more urgency, PBS, (Feb. 9, 2022), available at https:/
/www.pbs.org/newshour/nation/close-to-20-bomb-threats-have-targeted-
hbcus-this-month-students-say-they-want-more-safety-measures.
    \6\Vice President Harris Boosts HBCU Funding Following Bomb 
Threats, ABC News, (Mar. 16, 2022), available at https://
abcnews.go.com/US/vice-president-harris-boosts-hbcu-funding-bomb-
threats/story?id=83476589.
---------------------------------------------------------------------------
    The threats to HBCUs, houses of worship, and other 
nonprofits come at a time when the terrorism landscape is 
complex, diffuse, and dynamic, with heightened threats and 
violence against these institutions.\7\ In 2020, Congress 
enacted H.R. 2476, which authorized the NSGP to bolster the 
security of nonprofits against terrorism.\8\ Importantly, that 
measure, in recognition of the evolving threat landscape, 
formally authorized the NSGP to help at-risk nonprofit 
organizations regardless of where they are located. The NSGP 
funds physical security enhancements to, and other security-
related activities of, nonprofit organizations that are at high 
risk of a terrorist attack, such as houses of worship and 
universities.\9\ Eligible security-related activities include 
active shooter training, fencing, barriers, and surveillance 
cameras.\10\ As the need increases for nonprofits to combat the 
heightened threats they face, commensurate resources are needed 
for FEMA and its partners at the state level to ensure 
effective administration and oversight of the program.
---------------------------------------------------------------------------
    \7\National Terrorism Advisory System Bulletin, Department of 
Homeland Security, (Feb. 7, 2022), available at https://www.dhs.gov/
publication/national-terrorism-advisory-system-bulletinfebruary-7-2022-
translations.
    \8\Pub. L. 116-108.
    \9\Fiscal Year 2022 Nonprofit Security Grant Program Fact Sheet, 
Department of Homeland Security, (May 15, 2022), available at https://
www.fema.gov/grants/preparedness/nonprofit-security/fy22-fact-sheet.
    \10\Id.
---------------------------------------------------------------------------
    On February 8, 2022, witnesses at a Congressional hearing 
testified in support of dedicated funding to administer this 
vital and growing program.\11\ They testified that due to the 
growing threats faced by nonprofits across the country, a 
reauthorization of the program is necessary to address current 
shortfalls. Specifically, witnesses explained that the lack of 
technical assistance and feedback to applicants, particularly 
under-resourced or inexperienced applicants, impedes at-risk 
nonprofit organizations' access to needed security support.\12\ 
They discussed the need to broaden FEMA's ability to provide 
resources to nonprofits at risk from threats other than 
terrorist attacks, such as crimes based on the ideology of the 
nonprofit or religious institution.\13\ At the same hearing, 
the president and chief executive officer of the Jewish 
Federations of North America explained that the lack of 
dedicated resources to administer this program ``undermines the 
application review and oversight processes and challenges the 
capacity of FEMA and the State Administrative Agencies 
workforce to coordinate the NSGP program in an efficient and 
effective way.''\14\
---------------------------------------------------------------------------
    \11\House Committee on Homeland Security, The Nonprofit Security 
Grant Program and Protecting Houses of Worship: A View from the 
American Jewish Community, 117th Cong., 2d sess., (Feb. 8, 2022) 
(testimony of the Honorable Eric Fingerhut, President and CEO, The 
Jewish Federations of North America and former Member of Congress).
    \12\Id.
    \13\Id.
    \14\Id.
---------------------------------------------------------------------------
    H.R. 6825 builds upon the prior authorization to improve 
the effectiveness and accessibility of this critical homeland 
security grant program. Furthermore, this legislation 
authorizes states, FEMA, and grantees to utilize a percentage 
of NSGP grants for the costs of administering the program, 
which can help reduce the capacity challenges faced by both 
FEMA and the State Administrative Agencies (SAA).

                        III. Legislative History

    Representative Bennie Thompson (D-MS-2) introduced H.R. 
6825, the Nonprofit Security Grant Improvement Act of 2022, on 
February 25, 2022, with Representatives Katko (R-NY-24), 
Jackson Lee (D-TX-18), Langevin (D-RI-2), Payne (D-NJ-10), 
Correa (D-CA-46), Slotkin (D-MI-8), Cleaver (D-MO-5), Swalwell 
(D-CA-15), Titus (D-NV-1), Watson Coleman (D-NJ-12), Rice (D-
NY-4), Demings (D-FL-10), Barragan (D-CA-44), Gottheimer (D-NJ-
5), Malinowski (D-NJ-7), and Torres (D-NY-15). The bill was 
referred to the House Committee on Homeland Security. On May 
16, 2022, the House of Representatives passed the bill under a 
suspension of the rules by a vote of 288 to 129. The bill was 
referred to the Senate Committee on Homeland Security and 
Governmental Affairs.
    The Committee considered H.R. 6825 at a business meeting on 
August 3, 2022. During the business meeting, Senators Peters 
(D-MI) and Portman (R-OH) offered a substitute amendment that 
added outreach and technical assistance for states when certain 
conditions are met. Additionally, the amendment removed the 
requirement for FEMA to stand up a specific office for the 
administration of NSGP, directed FEMA to promote diversity in 
the types and locations of nonprofits applying to the program, 
set the authorization of appropriations at $360 million, and 
required FEMA to enter into an agreement with an independent 
research organization to assess the effectiveness of NSGP. The 
substitute amendment was adopted en bloc by voice vote with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Lankford, Romney, Scott, and Hawley present for the vote.
    The Committee ordered the bill, as amended, to be favorably 
reported by voice vote en bloc. Senators present for the vote 
were: Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Lankford, 
Romney, Scott, and Hawley.

        IV. Section-by-Section Analysis of the Bill, as Reported


Sec. 1. Short title

    This section states that the 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

    Subsection (a) amends section 2009 of the Homeland Security 
Act of 2002 to:
           expand the definition of what qualifies as a 
        threat to include terrorist attacks and other threats;
           allow grant funding to be utilized for 
        alteration or remodeling of existing buildings or 
        physical facilities; and
           allow grant funding to be utilized for 
        facility security personnel.
    It also allows states to use funds for outreach and 
technical assistance if certain conditions are met. It adds 
certain reporting requirements for FEMA. It requires FEMA to 
have a program office to administer NSGP that is charged with 
focusing on increasing outreach and technical support to 
nonprofits, implementing mechanisms to provide feedback to 
eligible nonprofit organizations that do not receive grants, 
increasing program oversight, and creating baseline operational 
requirements for states executing the program.
    The section also authorizes states, FEMA, and grantees to 
utilize a percentage of NSGP grants for the costs of 
administering the program. Additionally, it requires the FEMA 
Administrator to publish guidelines, including a notice of 
funding opportunity (NOFO) of similar announcement, and may 
prohibit States from closing application processes prior to the 
publication of guidelines.
    The section authorizes $360,000,000 for each fiscal year 
2023 through 2028 for the NSGP. The allocation of funds is to 
be evenly divided between nonprofits located within and outside 
of UASI jurisdictions, but the FEMA Administrator may allocate 
a different percentage of funds if FEMA does not receive a 
sufficient number of applications from eligible recipients in 
either bucket.
    Additionally, the section ensures that the Paperwork 
Reduction Act does not apply to any changes to application 
materials, program forms, or other documents that are intended 
to enhance participation.
    Subsection (b) requires the FEMA Administrator to enter 
into an agreement with an independent research organization to 
study the effectiveness and other aspects of the NSGP.
    Subsection (c) makes a technical and conforming change to 
section 2009 of the Homeland Security Act of 2002.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 8, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6825, the 
Nonprofit Security Grant Program Improvement Act of 2022.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 6825 would authorize the Federal Emergency Management 
Agency (FEMA) to award grants to states for programs that 
protect nonprofit organizations, including faith-based and 
educational institutions, from terrorist attacks. Under the 
act, states would award funding to nonprofit organizations, 
half of which would be allocated to nonprofits in high-risk 
urban areas. Recipients would use grant funds to harden 
potential targets with physical security and to cover the costs 
of security training for employees.
    The legislation also would direct FEMA to establish an 
office within the agency to administer the Nonprofit Security 
Grant Program (NSGP) and to provide additional outreach, 
education, and technical assistance to participating states and 
nonprofits. In addition, the act would expand the eligible uses 
of grant funds to include the remodeling of existing 
facilities, paying security personnel, and covering the 
recipients' administrative expenses.
    Finally, the act would require FEMA to hire a contractor to 
analyze the effectiveness of the program, including the 
formulas it uses to allocate funding, and to report annually to 
the Congress about the program's operations, applications, and 
spending.
    The legislation would authorize the appropriation of $360 
million for each year from 2023 through 2028 to carry out those 
purposes. In 2022, the Congress appropriated $250 million for 
the NSGP, including $125 million for nonprofits located in 
urban areas.
    Based on historical spending patterns for the NSGP and 
similar administrative activities, CBO estimates implementing 
the legislation would cost $1.0 billion over the 2022-2027 
period and an additional $1.1 billion after 2027, assuming 
appropriation of the authorized amounts.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 450 (community and regional 
development).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 6825
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2022    2023    2024    2025    2026    2027   2022-2027
----------------------------------------------------------------------------------------------------------------
Authorization........................................       0     360     360     360     360     360     1,800
Estimated Outlays....................................       0      18     123     243     315     347     1,046
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in 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

           *       *       *       *       *       *       *


TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


SEC. 2008. USE OF FUNDS.

    (a) * * *
    (b) * * *
    (c) Multiple Purpose Funds.--Nothing in this subtitle shall 
be construed to prohibit State, local, or tribal governments 
from using grant funds under [sections 2003 and 2004] sections 
2003, 2004, and 2009 in a manner that enhances preparedness for 
disasters unrelated to acts of terrorism, if such use assists 
such governments in achieving target capabilities related to 
preventing, preparing for, protecting against, or responding to 
acts of terrorism.
    (d) * * *
    (e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under [section 2003 or 
2004] section 2003, 2004, or 2009, the Administrator may 
authorize the grant recipient to transfer all or part of the 
grant funds from uses specified in the grant agreement to other 
uses authorized under this section, if the Administrator 
determines that such transfer is in the interests of homeland 
security.
    (f) * * *

SEC. 2009. NONPROFIT SECURITY GRANT PROGRAM.

    (a) Establishment.--There is established in the Department 
a program to be known as the ``Nonprofit 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 and other threats.
    (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.] determined by the Secretary to 
        be at risk of terrorists attacks and other threats.
    (c) Permitted Uses.--[The recipient]
          (1) In general.--The recipient of a grant under this 
        section may use such grant for any of the following 
        uses:
          [(1)] (A) Target hardening activities, including 
        physical security enhancement [equipment and inspection 
        and screening systems] equipment, inspection, and 
        screening systems, and alteration or remodeling of 
        existing buildings or physical facilities.
          [(2)] (B) Fees for security training relating to 
        physical security and cybersecurity, target hardening, 
        terrorism awareness, and employee awareness.
                  (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.
          [(3)] (E) Any other appropriate activity, including 
        cybersecurity resilience activities, as determined by 
        the Administrator.
          (2) Retention.--Each State through which a recipient 
        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.
    (d) * * *
    (e) Report.--The Administrator shall annually for each of 
fiscal years [2020 through 2024] 2022 through 2028 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] on--
          (1) the expenditure by each grant recipient of grant 
        funds made under this section[.];
          (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).
    [(f) Authorization of Appropriations.--
          [(1) In general.--There is authorized to be 
        appropriated $75 million for each of fiscal years 2020 
        through 2024 to carry out this section.
          [(2) Specification.--Of the amounts authorized to be 
        appropriated pursuant to paragraph (1)--
                  [(A) $50 million is authorized for eligible 
                recipients located in jurisdictions that 
                receive funding under section 2003; and
                  [(B) $25 million is authorized for eligible 
                recipients in jurisdictions not receiving 
                funding under section 2003.]
    (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.

           *       *       *       *       *       *       *


                                  [all]