[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.
* * * * * * *