[House Report 117-312]
[From the U.S. Government Publishing Office]


117th Congress    }                                  {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {       117-312

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



 
        NONPROFIT SECURITY GRANT PROGRAM IMPROVEMENT ACT OF 2022

                                _______
                                

  May 6, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 6825]

    The Committee on Homeland Security, to whom 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 and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     7
Committee Oversight Findings.....................................     7
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     7
Federal Mandates Statement.......................................     7
Duplicative Federal Programs.....................................     7
Statement of General Performance Goals and Objectives............     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............     9

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

SECTION 1. SHORT TITLE.

  This 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.

  (a) In General.--Section 2009 of the Homeland Security Act of 2002 (6 
U.S.C. 609a) is amended--
          (1) in subsection (a), by inserting ``and threats'' before 
        the period at the end;
          (2) in subsection (b)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``this'' before ``subsection''; and
                  (B) by amending paragraph (2) to read as follows:
          ``(2) determined by the Secretary to be at risk of terrorist 
        attacks and threats.'';
          (3) in subsection (c)--
                  (A) by redesignating paragraphs (1), (2), and (3) as 
                subparagraphs (A), (B), and (E), respectively, and 
                moving such subparagraphs, as so redesignated, two ems 
                to the right;
                  (B) in the matter preceding subparagraph (A), as so 
                redesignated, by striking ``The recipient'' and 
                inserting the following:
          ``(1) In general.--The recipient'';
                  (C) in subparagraph (A), as so redesignated, by 
                striking ``equipment and inspection and screening 
                systems'' and inserting ``equipment, inspection and 
                screening systems, and alteration or remodeling of 
                existing buildings or physical facilities'';
                  (D) by inserting after subparagraph (B), as so 
                redesignated, the following new subparagraphs:
                  ``(C) Facility security personnel costs, including 
                costs associated with contracted security.
                  ``(D) Expenses directly related to the administration 
                of the grant, except that such expenses may not exceed 
                five percent of the amount of the grant.''; and
                  (E) by adding at the end the following new paragraph:
          ``(2) Retention.--Each State through which a recipient 
        receives a grant under this section may retain up to five 
        percent of each grant for expenses directly related to the 
        administration of the grant.'';
          (4) in subsection (e)--
                  (A) by striking ``2020 through 2024'' and inserting 
                ``2022 through 2028''; and
                  (B) by adding at the end the following new sentence: 
                ``Each such report shall also include information on 
                the number of applications submitted by eligible 
                nonprofit organizations to each State, the number of 
                applications submitted by each State to the 
                Administrator, and the operations of the Nonprofit 
                Security Grant Program Office, including staffing 
                resources and efforts with respect to subparagraphs (A) 
                through (E) of subsection (c)(1).'';
          (5) by redesignating subsection (f) as subsection (j);
          (6) by inserting after subsection (e) the following new 
        subsections:
  ``(f) Administration.--Not later than 120 days after the date of the 
enactment of this subsection, the Administrator shall establish within 
the Federal Emergency Management Agency a program office for the 
Program (in this subsection referred to as the `program office'). The 
program office shall be headed by a senior official of the Agency. The 
Administrator shall administer the Program (including, where 
appropriate, in coordination with States), including relating to the 
following:
          ``(1) Outreach, engagement, education, and technical 
        assistance and support to eligible nonprofit organizations 
        described in subsection (b), with particular attention to such 
        organizations in underserved communities, prior to, during, and 
        after the awarding of grants, including web-based training 
        videos for eligible nonprofit organizations that provide 
        guidance on preparing an application and the environmental 
        planning and historic preservation process.
          ``(2) Establishment of mechanisms to ensure program office 
        processes are conducted in accordance with constitutional, 
        statutory, regulatory, and other legal and agency policy 
        requirements that protect civil rights and civil liberties and, 
        to the maximum extent practicable, advance equity for members 
        of underserved communities.
          ``(3) Establishment of mechanisms for the Administrator to 
        provide feedback to eligible nonprofit organizations that do 
        not receive grants.
          ``(4) Establishment of mechanisms to collect data to measure 
        the effectiveness of grants under the Program.
          ``(5) Establishment and enforcement of standardized baseline 
        operational requirements for States, including requirements for 
        States to eliminate or prevent any administrative or 
        operational obstacles that may impact eligible nonprofit 
        organizations described in subsection (b) from receiving grants 
        under the Program.
          ``(6) Carrying out efforts to prevent waste, fraud, and 
        abuse, including through audits of grantees.
  ``(g) Grant Guidelines.--For each fiscal year, prior to awarding 
grants under this section, the Administrator--
          ``(1) shall publish guidelines, including a notice of funding 
        opportunity or similar announcement, as the Administrator 
        determines appropriate; and
          ``(2) may prohibit States from closing application processes 
        prior to the publication of such guidelines.
  ``(h) Allocation Requirements.--
          ``(1) In general.--In awarding grants under this section, the 
        Administrator shall ensure that--
                  ``(A) 50 percent of amounts appropriated pursuant to 
                the authorization of appropriations under subsection 
                (k) is provided to eligible recipients located in high-
                risk urban areas that receive funding under section 
                2003 in the current fiscal year or received such 
                funding in any of the preceding ten fiscal years, 
                inclusive of any amounts States may retain pursuant to 
                paragraph (2) of subsection (c); and
                  ``(B) 50 percent of amounts appropriated pursuant to 
                the authorizations of appropriations under subsection 
                (k) is provided to eligible recipients located in 
                jurisdictions not receiving funding under section 2003 
                in the current fiscal year or have not received such 
                funding in any of the preceding ten fiscal years, 
                inclusive of any amounts States may retain pursuant to 
                paragraph (2) of subsection (c).
          ``(2) Exception.--Notwithstanding paragraph (1), the 
        Administrator may allocate a different percentage if the 
        Administrator does not receive a sufficient number of 
        applications from eligible recipients to meet the allocation 
        percentages described in either subparagraph (A) or (B) of such 
        paragraph. If the Administrator exercises the authorization 
        under this paragraph, the Administrator shall, not later than 
        30 days after such exercise, report to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate regarding such exercise.
  ``(i) Paperwork Reduction Act.--Chapter 35 of title 44, United States 
Code (commonly known as the `Paperwork Reduction Act'), shall not apply 
to any changes to the application materials, Program forms, or other 
core Program documentation intended to enhance participation by 
eligible nonprofit organizations in the Program.'';
          (7) in subsection (j), as so redesignated--
                  (A) in paragraph (1), by striking ``$75 million for 
                each of fiscal years 2020 through 2024'' and inserting 
                ``$75,000,000 for fiscal year 2022 and $500,000,000 for 
                each of fiscal years 2023 through 2028''; and
                  (B) by amending paragraph (2) to read as follows:
          ``(2) Transfers authorized.--During a fiscal year, the 
        Administrator may transfer not more than five percent of 
        amounts appropriated pursuant to the authorization of 
        appropriations under paragraph (1) or other amounts 
        appropriated or otherwise made available to carry out the 
        Program for such fiscal year to an account of the Federal 
        Emergency Management Agency for costs incurred for the 
        management, administration, or evaluation of this section.''; 
        and
          (8) by adding at the end the following new subsection:
  ``(k) Treatment.--Nonprofit organizations determined by the Secretary 
to be at risk of extremist attacks other than terrorist attacks and 
threats under subsection (a) are deemed to satisfy the conditions 
specified in subsection (b) if protecting such organizations against 
such other extremist attacks would help protect such organizations 
against such terrorist attacks and threats.''.
  (b) Plan.--Not later than 90 days after the date of the enactment of 
this Act, the Administrator of the Federal Emergency Management Agency 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a plan for the administration of the program 
office for the Nonprofit Security Grant Program established under 
subsection (f) of section 2009 of the Homeland Security Act 2002 (6 
U.S.C. 609a), as amended by subsection (a), including a staffing plan 
for such program office.
  (c) Conforming Amendment.--Section 2008 of the Homeland Security Act 
of 2002 (6 U.S.C. 609) is amended--
          (1) in subsection (c) by striking ``sections 2003 and 2004'' 
        and inserting ``sections 2003, 2004, and 2009''; and
          (2) in subsection (e), by striking ``section 2003 or 2004'' 
        and inserting ``sections 2003, 2004, or 2009''.

                          Purpose and Summary

    H.R. 6825, the ``Nonprofit Security Grant Program 
Improvement Act,'' amends the Homeland Security Act of 2002 to 
enhance the funding and administration of the Nonprofit 
Security Grant Program (NSGP) of the Department of Homeland 
Security (DHS). Specifically, the bill requires DHS to 
establish a program office within the Federal Emergency 
Management Agency (FEMA) for the Nonprofit Security Grant 
Program to provide dedicated outreach, engagement, education, 
technical assistance, and support to eligible nonprofits, with 
particular attention to nonprofits in underserved communities. 
The bill would increase the level at which the NSGP is 
authorized to $500 million annually and require funding to be 
split evenly between nonprofits located within and outside of 
Urban Area Security Initiative (UASI) jurisdictions. The bill 
also authorizes a percentage of funding for States, FEMA, and 
grantees to utilize for administering the program.

                  Background and Need for Legislation

    Recent acts of violence, or threats of violence, illustrate 
the security challenges currently facing nonprofit 
institutions, such as houses of worship.\1\ On January 15, 
2022, an armed individual entered Congregation Beth Israel 
synagogue in Colleyville, Texas, and held four people hostage 
for 11 hours.\2\ However, Rabbi Charlie Cytron-Walker grabbed a 
chair and heaved it at the gunman, allowing the congregants to 
escape.\3\ The rabbi credited his quick actions to years of 
security training\4\ which was funded, in part, by the NSGP. 
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\ For example, in 2022 alone, there have been at 
least 36 bomb threats to HBCUs.\6\ According to hearing 
testimony, most HBCUs have not traditionally applied to the 
NSGP but many are now looking to pursue resources under the 
program to make vital security enhancements.\7\
---------------------------------------------------------------------------
    \1\See, e.g., in August 5, 2012, a gunman killed six worshipers at 
a Gurdwara in Oak Creek, Wisconsin; on October 27, 2018, a gunman who 
had espoused anti-Semitic and racist beliefs shot 17 people in the Tree 
of Life Synagogue in Pittsburgh, PA, killing 11 people; on April 27, 
2019, a gunman, shot four people inside the Chabad of Poway Synagogue 
in Poway, CA, killing one woman.
    \2\Alaa Elassar, Michelle Watson, and Alanne Orjoux, ``FBI 
Identifies Hostage-Taker at Texas Synagogue,'' CNN, (Jan. 17, 2022), 
available at https://www.cnn.com/2022/01/16/us/colleyville-texas-
hostage-situation-sunday/index.html.
    \3\Id.
    \4\Id.
    \5\Roby Chavez, ``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\Kiara Alfonseca and Justin Gomez, ``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.
    \7\House Committee on Homeland Security, The Targeting of Black 
Institutions: From Church Violence to University Bomb Threats, 117th 
Cong., 2d sess., (Mar. 17, 2022) (testimony of Mr. Thomas K. Hudson, 
President, Jackson State University).
---------------------------------------------------------------------------
    The threats to HBCUs and hostage crisis in Colleyville, 
Texas, come at a time when the terrorism landscape is complex, 
diffuse, and dynamic with heightened threats and violence 
against houses of worship and other nonprofits.\8\ In 2020, 
Congress enacted Chairman Bennie G. Thompson's bill to 
authorize the NSGP, a risk-based program to bolster the 
security of non-profits against terrorism.\9\ Importantly, that 
measure, in recognition of the diffuse threat landscape, made 
funding available to at-risk nonprofit organizations regardless 
of where they are located. H.R. 6825 builds upon the prior 
authorization to improve the effectiveness and accessibility of 
this critical homeland security grant program.
---------------------------------------------------------------------------
    \8\``National Terrorism Advisory System Bulletin,'' Department of 
Homeland Security, (Feb. 7, 2022), available at https://www.dhs.gov/
publication/national-terrorism-advisory-system-bulletin-february-7-
2022-translations.
    \9\Pub. L. 116-108.
---------------------------------------------------------------------------
    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.\10\ Eligible security-related 
activities include active shooter training, fencing, barriers, 
and surveillance cameras.\11\ In response to growing threats 
against nonprofits, in Fiscal Year (FY) 2021, NSGP was 
appropriated at $180 million, which was double the funding 
level of the prior year.\12\ In FY 2022, $250 million was 
appropriated for the NSGP.\13\ Even with the significant 
increase in funding, the demand for the program has never been 
greater. In FY 2021, 3,361 NSGP applicants requested 
approximately $400 million, a $200 million gap between requests 
and funding.\14\ As the needs of nonprofits to combat the 
threats they face rise, commensurate resources are needed for 
FEMA and its partners at the State level to ensure effective 
administration and oversight the program.
---------------------------------------------------------------------------
    \10\``Fiscal Year 2021 Nonprofit Security Grant Program Fact 
Sheet,'' Department of Homeland Security, (accessed Jan. 25, 2022), 
available at https://www.fema.gov/sites/default/files/documents/
fema_fy2021-nsgp-nofo_3-2-2021.pdf.
    \11\Id.
    \12\Id.
    \13\Pub. L. 117-103.
    \14\Documents on file with the Committee (FEMA Briefing Slides for 
Staff Briefing on July 22, 2021).
---------------------------------------------------------------------------
    On February 8, 2022, witnesses at a joint Committee on 
Homeland Security subcommittee hearing testified in support of 
dedicated funding to administer this vital and growing 
program.\15\ Specifically, witnesses explained that the lack of 
technical assistance and feedback to applicants, particularly 
under-resourced or inexperienced applicants, impeded at-risk 
nonprofits access to needed security support.\16\ 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.''\17\ H.R. 6825, 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).
---------------------------------------------------------------------------
    \15\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).
    \16\Id.
    \17\Id.
---------------------------------------------------------------------------
    H.R. 6825, in addition to authorizing NSGP at a level 
responsive to the heightened threats and violence against 
houses of worship and other nonprofits, makes improvements to 
the program to ensure additional resources are accessible to 
at-risk nonprofits.

                                Hearings

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the following hearings 
were used to develop H.R. 6825:
    On April 28, 2021, the Subcommittee on Emergency 
Preparedness Response, and Recovery held a hearing entitled 
``State and Local Perspectives on DHS Preparedness Grant 
Programs.'' The Subcommittee received testimony from the 
Honorable David Ige, Governor, Hawaii (testifying on behalf of 
the National Governors Association); Mr. Jared Maples, 
Director, New Jersey Office of Homeland Security and 
Preparedness; Mr. Orlando Rolon, Chief of Police, City of 
Orlando, Florida (testifying on behalf of the Major Cities 
Chiefs Association); Mr. Robert Altman, Battalion Chief, Ocala 
Fire Rescue.
    On February 2, 2022, the Committee on Homeland Security 
held a full Committee hearing entitled ``The Dynamic Terrorism 
Landscape and What It Means for America.'' The Committee 
received testimony from the Honorable Nicholas J. Rasmussen, 
Executive Director, Global Internet Forum to Counter Terrorism; 
Mr. Jonathan Greenblatt, Chief Executive Officer, Anti-
Defamation League; Cynthia Miller-Idriss, PhD, Professor, 
American University; Mr. Bill Roggio, Senior Fellow, Foundation 
for Defense of Democracies.
    On February 8, 2022, the Subcommittees on Emergency 
Preparedness, Response, and Recovery and Intelligence and 
Counterterrorism held a joint hearing entitled ``The Nonprofit 
Security Grant Program and Protecting Houses of Worship: A View 
from the American Jewish Community.'' The Subcommittees 
received testimony from Mr. Charlie Cytron-Walker, Rabbi, 
Congregation Beth Israel, Colleyville, Texas; Mr. Yosef 
Konikov, Rabbi, Chabad of South Orlando; the Honorable Eric 
Fingerhut, President and CEO, the Jewish Federations of North 
America; and Mr. Michael Masters, National Director and CEO, 
Secure Community Network.
    Subsequent to the Committee's consideration of H.R. 6825, 
the Committee also held the following relevant hearing:
    On March 17, 2022, the Committee on Homeland Security held 
a hearing entitled ``The Targeting of Black Institutions: From 
Church Violence to University Bomb Threats.'' The Committee 
received testimony from the Reverend Eric S.C. Manning, Senior 
Pastor, Mother Emanuel AME Church, Charleston, SC; Mr. Thomas 
K. Hudson, President, Jackson State University, Jackson, MS; 
and Ms. Janai Nelson, President and Director-Counsel, NAACP 
Legal Defense Fund.

                        Committee Consideration

    The Committee met on March 2, 2022, a quorum being present, 
to consider H.R. 6825 and ordered the measure to be favorably 
reported to the House, as amended, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII 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. 6825.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                       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.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 6825 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 6825 is to enhance the funding and administration of the 
Nonprofit Security Grant Program within the Department of 
Homeland Security.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      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 H.R. 6825 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 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 threats;
           allow grant funding to be utilized for 
        alteration or remodeling of existing buildings or 
        physical facilities;
           allow grant funding to be utilized for 
        facility security personnel; and
           requires the FEMA Administrator to establish 
        a dedicated NSGP program office headed by a senior 
        official of the Agency.

    The NSGP program office 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) or similar announcement, and may 
prohibit States from closing application processes prior to the 
publication of guidelines.
    The Committee observes, as currently administered by FEMA, 
the NSGP does not incentivize States to manage the ever-growing 
number of applications. In carrying out oversight of the 
program, the Committee was troubled to learn that application 
periods in several States, including Texas, Hawaii, Iowa, 
Mississippi, and Vermont had been opened and closed prior to 
FEMA's issuance of the NOFO for FY 2022. Given that the NOFO 
may have changes which nonprofits would need to address in 
their applications, closing application periods prior to the 
issuance of the NOFO is troubling. The Committee is concerned 
that it could lead to eligible applicants from such States 
being disadvantaged in this competitive grant program as their 
applications may not include key requirements set forth in the 
NOFO that FEMA utilizes to evaluate applications. Further, for 
nonprofits who need external support to prepare their grant 
application, the prospect of having to update their 
applications to meet the NOFO's requirements, after already 
submitting their application to the State, could be costly or 
even cost prohibitive. Officials from State Administrative 
Agencies with early deadlines have told the Committee that they 
did so because of the significant increase in the number of 
applications received and the lack of dedicated resources 
available to the State to evaluate them. H.R. 6825 addresses 
this matter in two ways. First, it allows States to receive 
operation and maintenance funding to administer the program. 
Second, it explicitly gives FEMA authority to prohibit States 
from closing the application period prior to the NOFO's 
publication.
    The section authorizes $500,000,000 for each fiscal year 
2023 through 2028 for the NSGP. The allocation of funds is 
evenly divided between nonprofits located within and outside of 
UASI jurisdictions, but the FEMA Administrator may allocate a 
different percentage of funds if the office does not receive a 
sufficient number of applications from eligible recipients.
    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 submit to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a plan for the 
administration of the program office for the NSGP established 
by the bill, including a staffing plan, within 90 days of 
enactment.
    Subsection (c) makes a technical and conforming change to 
section 2008 of the Homeland Security Act of 2002.

         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 italics, 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) Permitted Uses.--The Administrator shall permit the 
recipient of a grant under section 2003 or 2004 to use grant 
funds to achieve target capabilities related to preventing, 
preparing for, protecting against, and responding to acts of 
terrorism, consistent with a State homeland security plan and 
relevant local, tribal, and regional homeland security plans, 
including by working in conjunction with a National Laboratory 
(as defined in section 2(3) of the Energy Policy Act of 2005 
(42 U.S.C. 15801(3))), through--
          (1) developing and enhancing homeland security, 
        emergency management, or other relevant plans, 
        assessments, or mutual aid agreements;
          (2) designing, conducting, and evaluating training 
        and exercises, including training and exercises 
        conducted under section 512 of this Act and section 648 
        of the Post-Katrina Emergency Management Reform Act of 
        2006 (6 U.S.C. 748);
          (3) protecting a system or asset included on the 
        prioritized critical infrastructure list established 
        under section 2214(a)(2);
          (4) purchasing, upgrading, storing, or maintaining 
        equipment, including computer hardware and software;
          (5) ensuring operability and achieving 
        interoperability of emergency communications;
          (6) responding to an increase in the threat level 
        under the Homeland Security Advisory System, or to the 
        needs resulting from a National Special Security Event;
          (7) establishing, enhancing, and staffing with 
        appropriately qualified personnel State, local, and 
        regional fusion centers that comply with the guidelines 
        established under section 210A(i);
          (8) enhancing school preparedness;
          (9) enhancing the security and preparedness of secure 
        and nonsecure areas of eligible airports and surface 
        transportation systems;
          (10) supporting public safety answering points;
          (11) paying salaries and benefits for personnel, 
        including individuals employed by the grant recipient 
        on the date of the relevant grant application, to serve 
        as qualified intelligence analysts, regardless of 
        whether such analysts are current or new full-time 
        employees or contract employees;
          (12) paying expenses directly related to 
        administration of the grant, except that such expenses 
        may not exceed 3 percent of the amount of the grant;
          (13) any activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the State 
        Homeland Security Grant Program, the Urban Area 
        Security Initiative (including activities permitted 
        under the full-time counterterrorism staffing pilot), 
        or the Law Enforcement Terrorism Prevention Program;
          (14) migrating any online service (as defined in 
        section 3 of the DOTGOV Online Trust in Government Act 
        of 2020) to the.gov internet domain; and
          (15) any other appropriate activity, as determined by 
        the Administrator.
  (b) Limitations on Use of Funds.--
          (1) In general.--Funds provided under section 2003 or 
        2004 may not be used--
                  (A) to supplant State or local funds, except 
                that nothing in this paragraph shall prohibit 
                the use of grant funds provided to a State or 
                high-risk urban area for otherwise permissible 
                uses under subsection (a) on the basis that a 
                State or high-risk urban area has previously 
                used State or local funds to support the same 
                or similar uses; or
                  (B) for any State or local government cost-
                sharing contribution.
          (2) Personnel.--
                  (A) In general.--Not more than 50 percent of 
                the amount awarded to a grant recipient under 
                section 2003 or 2004 in any fiscal year may be 
                used to pay for personnel, including overtime 
                and backfill costs, in support of the permitted 
                uses under subsection (a).
                  (B) Waiver.--At the request of the recipient 
                of a grant under section 2003 or 2004, the 
                Administrator may grant a waiver of the 
                limitation under subparagraph (A).
          (3) Limitations on discretion.--
                  (A) In general.--With respect to the use of 
                amounts awarded to a grant recipient under 
                section 2003 or 2004 for personnel costs in 
                accordance with paragraph (2) of this 
                subsection, the Administrator may not--
                          (i) impose a limit on the amount of 
                        the award that may be used to pay for 
                        personnel, or personnel-related, costs 
                        that is higher or lower than the 
                        percent limit imposed in paragraph 
                        (2)(A); or
                          (ii) impose any additional limitation 
                        on the portion of the funds of a 
                        recipient that may be used for a 
                        specific type, purpose, or category of 
                        personnel, or personnel-related, costs.
                  (B) Analysts.--If amounts awarded to a grant 
                recipient under section 2003 or 2004 are used 
                for paying salary or benefits of a qualified 
                intelligence analyst under subsection (a)(10), 
                the Administrator shall make such amounts 
                available without time limitations placed on 
                the period of time that the analyst can serve 
                under the grant.
          (4) Construction.--
                  (A) In general.--A grant awarded under 
                section 2003 or 2004 may not be used to acquire 
                land or to construct buildings or other 
                physical facilities.
                  (B) Exceptions.--
                          (i) In general.--Notwithstanding 
                        subparagraph (A), nothing in this 
                        paragraph shall prohibit the use of a 
                        grant awarded under section 2003 or 
                        2004 to achieve target capabilities 
                        related to preventing, preparing for, 
                        protecting against, or responding to 
                        acts of terrorism, including through 
                        the alteration or remodeling of 
                        existing buildings for the purpose of 
                        making such buildings secure against 
                        acts of terrorism.
                          (ii) Requirements for exception.--No 
                        grant awarded under section 2003 or 
                        2004 may be used for a purpose 
                        described in clause (i) unless--
                                  (I) specifically approved by 
                                the Administrator;
                                  (II) any construction work 
                                occurs under terms and 
                                conditions consistent with the 
                                requirements under section 
                                611(j)(9) of the Robert T. 
                                Stafford Disaster Relief and 
                                Emergency Assistance Act (42 
                                U.S.C. 5196(j)(9)); and
                                  (III) the amount allocated 
                                for purposes under clause (i) 
                                does not exceed the greater of 
                                $1,000,000 or 15 percent of the 
                                grant award.
          (5) Recreation.--Grants awarded under this subtitle 
        may not be used for recreational or social purposes.
  (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) Reimbursement of Costs.--
          (1) Paid-on-call or volunteer reimbursement.--In 
        addition to the activities described in subsection (a), 
        a grant under section 2003 or 2004 may be used to 
        provide a reasonable stipend to paid-on-call or 
        volunteer emergency response providers who are not 
        otherwise compensated for travel to or participation in 
        training or exercises related to the purposes of this 
        subtitle. Any such reimbursement shall not be 
        considered compensation for purposes of rendering an 
        emergency response provider an employee under the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
          (2) Performance of federal duty.--An applicant for a 
        grant under section 2003 or 2004 may petition the 
        Administrator to use the funds from its grants under 
        those sections for the reimbursement of the cost of any 
        activity relating to preventing, preparing for, 
        protecting against, or responding to acts of terrorism 
        that is a Federal duty and usually performed by a 
        Federal agency, and that is being performed by a State 
        or local government under agreement with a Federal 
        agency.
  (e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under [section 2003 or 
2004] sections 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) Equipment Standards.--If an applicant for a grant under 
section 2003 or 2004 proposes to upgrade or purchase, with 
assistance provided under that grant, new equipment or systems 
that do not meet or exceed any applicable national voluntary 
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), 
the applicant shall include in its application an explanation 
of why such equipment or systems will serve the needs of the 
applicant better than equipment or systems that meet or exceed 
such standards.

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 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.]
          (2) determined by the Secretary to be at risk of 
        terrorist attacks and 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 costs associated with contracted 
                security.
                  (D) Expenses directly related to the 
                administration of the grant, except that such 
                expenses may not exceed five percent of the 
                amount of the grant.
                  [(3)] (E) Any other appropriate activity, 
                including cybersecurity resilience activities, 
                as determined by the Administrator.
          (2) Retention.--Each State through which a recipient 
        receives a grant under this section may retain up to 
        five percent of each grant for expenses directly 
        related to the administration of the grant.
  (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 [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 by each grant recipient of grant 
funds made under this section. Each such report shall also 
include information on the number of applications submitted by 
eligible nonprofit organizations to each State, the number of 
applications submitted by each State to the Administrator, and 
the operations of the Nonprofit Security Grant Program Office, 
including staffing resources and efforts with respect to 
subparagraphs (A) through (E) of subsection (c)(1).
  (f) Administration.--Not later than 120 days after the date 
of the enactment of this subsection, the Administrator shall 
establish within the Federal Emergency Management Agency a 
program office for the Program (in this subsection referred to 
as the ``program office''). The program office shall be headed 
by a senior official of the Agency. The Administrator shall 
administer the Program (including, where appropriate, in 
coordination with States), including relating to the following:
          (1) Outreach, engagement, education, and technical 
        assistance and support to eligible nonprofit 
        organizations described in subsection (b), with 
        particular attention to such organizations in 
        underserved communities, prior to, during, and after 
        the awarding of grants, including web-based training 
        videos for eligible nonprofit organizations that 
        provide guidance on preparing an application and the 
        environmental planning and historic preservation 
        process.
          (2) Establishment of mechanisms to ensure program 
        office processes are conducted in accordance with 
        constitutional, statutory, regulatory, and other legal 
        and agency policy requirements that protect civil 
        rights and civil liberties and, to the maximum extent 
        practicable, advance equity for members of underserved 
        communities.
          (3) Establishment of mechanisms for the Administrator 
        to provide feedback to eligible nonprofit organizations 
        that do not receive grants.
          (4) Establishment of mechanisms to collect data to 
        measure the effectiveness of grants under the Program.
          (5) Establishment and enforcement of standardized 
        baseline operational requirements for States, including 
        requirements for States to eliminate or prevent any 
        administrative or operational obstacles that may impact 
        eligible nonprofit organizations described in 
        subsection (b) from receiving grants under the Program.
          (6) Carrying out efforts to prevent waste, fraud, and 
        abuse, including through audits of grantees.
  (g) Grant Guidelines.--For each fiscal year, prior to 
awarding grants under this section, the Administrator--
          (1) shall publish guidelines, including a notice of 
        funding opportunity or similar announcement, as the 
        Administrator determines appropriate; and
          (2) may prohibit States from closing application 
        processes prior to the publication of such guidelines.
  (h) Allocation Requirements.--
          (1) In general.--In awarding grants under this 
        section, the Administrator shall ensure that--
                  (A) 50 percent of amounts appropriated 
                pursuant to the authorization of appropriations 
                under subsection (k) is provided to eligible 
                recipients located in high-risk urban areas 
                that receive funding under section 2003 in the 
                current fiscal year or received such funding in 
                any of the preceding ten fiscal years, 
                inclusive of any amounts States may retain 
                pursuant to paragraph (2) of subsection (c); 
                and
                  (B) 50 percent of amounts appropriated 
                pursuant to the authorizations of 
                appropriations under subsection (k) is provided 
                to eligible recipients located in jurisdictions 
                not receiving funding under section 2003 in the 
                current fiscal year or have not received such 
                funding in any of the preceding ten fiscal 
                years, inclusive of any amounts States may 
                retain pursuant to paragraph (2) of subsection 
                (c).
          (2) Exception.--Notwithstanding paragraph (1), the 
        Administrator may allocate a different percentage if 
        the Administrator does not receive a sufficient number 
        of applications from eligible recipients to meet the 
        allocation percentages described in either subparagraph 
        (A) or (B) of such paragraph. If the Administrator 
        exercises the authorization under this paragraph, the 
        Administrator shall, not later than 30 days after such 
        exercise, report to the Committee on Homeland Security 
        of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate regarding such exercise.
  (i) Paperwork Reduction Act.--Chapter 35 of title 44, United 
States Code (commonly known as the ``Paperwork Reduction 
Act''), shall not apply to any changes to the application 
materials, Program forms, or other core Program documentation 
intended to enhance participation by eligible nonprofit 
organizations in the Program.
  [(f)] (j) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated [$75 million for each of fiscal years 2020 
        through 2024] $75,000,000 for fiscal year 2022 and 
        $500,000,000 for each of fiscal years 2023 through 2028 
        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.]
          (2) Transfers authorized.--During a fiscal year, the 
        Administrator may transfer not more than five percent 
        of amounts appropriated pursuant to the authorization 
        of appropriations under paragraph (1) or other amounts 
        appropriated or otherwise made available to carry out 
        the Program for such fiscal year to an account of the 
        Federal Emergency Management Agency for costs incurred 
        for the management, administration, or evaluation of 
        this section.
  (k) Treatment.--Nonprofit organizations determined by the 
Secretary to be at risk of extremist attacks other than 
terrorist attacks and threats under subsection (a) are deemed 
to satisfy the conditions specified in subsection (b) if 
protecting such organizations against such other extremist 
attacks would help protect such organizations against such 
terrorist attacks and threats.

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