IIB 

117TH CONGRESS 

2D SESSION H. R. 6825 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2022 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Nonprofit Security 

3 Grant Program Improvement Act of 2022’’. 

4 SEC. 2. ENHANCEMENTS TO FUNDING AND ADMINISTRA5 TION OF NONPROFIT SECURITY GRANT PRO6 GRAM OF THE DEPARTMENT OF HOMELAND 

7 SECURITY. 

8 (a) IN GENERAL.—Section 2009 of the Homeland 

9 Security Act of 2002 (6 U.S.C. 609a) is amended— 

10 (1) in subsection (a), by inserting ‘‘and 

11 threats’’ before the period at the end; 

12 (2) in subsection (b)— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘this’’ before ‘‘subsection’’; and 

15 (B) by amending paragraph (2) to read as 

16 follows: 

17 ‘‘(2) determined by the Secretary to be at risk 

18 of terrorist attacks and threats.’’; 

19 (3) in subsection (c)— 

20 (A) by redesignating paragraphs (1), (2), 

21 and (3) as subparagraphs (A), (B), and (E), re22 spectively, and moving such subparagraphs, as 

23 so redesignated, two ems to the right; 

24 (B) in the matter preceding subparagraph 

25 (A), as so redesignated, by striking ‘‘The recipi26 ent’’ and inserting the following: 


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1 ‘‘(1) IN GENERAL.—The recipient’’; 

2 (C) in subparagraph (A), as so redesig3 nated, by striking ‘‘equipment and inspection 

4 and screening systems’’ and inserting ‘‘equip5 ment, inspection and screening systems, and al6 teration or remodeling of existing buildings or 

7 physical facilities’’; 

8 (D) by inserting after subparagraph (B), 

9 as so redesignated, the following new subpara10 graphs: 

11 ‘‘(C) Facility security personnel costs, in12 cluding costs associated with contracted secu13 rity. 

14 ‘‘(D) Expenses directly related to the ad15 ministration of the grant, except that such ex16 penses may not exceed five percent of the 

17 amount of the grant.’’; and 

18 (E) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) RETENTION.—Each State through which a 

21 recipient receives a grant under this section may re22 tain up to five percent of each grant for expenses di23 rectly related to the administration of the grant.’’; 

24 (4) in subsection (e)— 


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1 (A) by striking ‘‘2020 through 2024’’ and 

2 inserting ‘‘2022 through 2028’’; and 

3 (B) by adding at the end the following new 

4 sentence: ‘‘Each such report shall also include 

5 information on the number of applications sub6 mitted by eligible nonprofit organizations to 

7 each State, the number of applications sub8 mitted by each State to the Administrator, and 

9 the operations of the Nonprofit Security Grant 

10 Program Office, including staffing resources 

11 and efforts with respect to subparagraphs (A) 

12 through (E) of subsection (c)(1).’’; 

13 (5) by redesignating subsection (f) as sub14 section (j); 

15 (6) by inserting after subsection (e) the fol16 lowing new subsections: 

17 ‘‘(f) ADMINISTRATION.—Not later than 120 days 

18 after the date of the enactment of this subsection, the Ad19 ministrator shall establish within the Federal Emergency 

20 Management Agency a program office for the Program (in 

21 this section referred to as the ‘program office’). The pro22 gram office shall be headed by a senior official of the 

23 Agency. The Administrator shall administer the Program 

24 (including, where appropriate, in coordination with 

25 States), including relating to the following: 


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1 ‘‘(1) Outreach, engagement, education, and 

2 technical assistance and support to eligible nonprofit 

3 organizations described in subsection (b), with par4 ticular attention to such organizations in under5 served communities, prior to, during, and after the 

6 awarding of grants, including web-based training 

7 videos for eligible nonprofit organizations that pro8 vide guidance on preparing an application and the 

9 environmental planning and historic preservation 

10 process. 

11 ‘‘(2) Establishment of mechanisms to ensure 

12 program office processes are conducted in accord13 ance with constitutional, statutory, regulatory, and 

14 other legal and agency policy requirements that pro15 tect civil rights and civil liberties and, to the max16 imum extent practicable, advance equity for mem17 bers of underserved communities. 

18 ‘‘(3) Establishment of mechanisms for the Ad19 ministrator to provide feedback to eligible nonprofit 

20 organizations that do not receive grants. 

21 ‘‘(4) Establishment of mechanisms to collect 

22 data to measure the effectiveness of grants under 

23 the Program. 

24 ‘‘(5) Establishment and enforcement of stand25 ardized baseline operational requirements for States, 


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1 including requirements for States to eliminate or 

2 prevent any administrative or operational obstacles 

3 that may impact eligible nonprofit organizations de4 scribed in subsection (b) from receiving grants under 

5 the Program. 

6 ‘‘(6) Carrying out efforts to prevent waste, 

7 fraud, and abuse, including through audits of grant8 ees. 

9 ‘‘(g) GRANT GUIDELINES.—For each fiscal year, 

10 prior to awarding grants under this section, the Adminis11 trator— 

12 ‘‘(1) shall publish guidelines, including a notice 

13 of funding opportunity or similar announcement, as 

14 the Administrator determines appropriate; and 

15 ‘‘(2) may prohibit States from closing applica16 tion processes prior to the publication of such guide17 lines. 

18 ‘‘(h) ALLOCATION REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—In awarding grants under 

20 this section, the Administrator shall ensure that— 

21 ‘‘(A) 50 percent of amounts appropriated 

22 pursuant to the authorization of appropriations 

23 under subsection (k) is provided to eligible re24 cipients located in high-risk urban areas that 

25 receive funding under section 2003 in the curVerDate Sep 11 2014 02:52 May 18, 2022 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6825.RFS H6825

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1 rent fiscal year or received such funding in any 

2 of the preceding ten fiscal years, inclusive of 

3 any amounts States may retain pursuant to 

4 paragraph (2) of subsection (c); and 

5 ‘‘(B) 50 percent of amounts appropriated 

6 pursuant to the authorizations of appropria7 tions under subsection (k) is provided to eligible 

8 recipients located in jurisdictions not receiving 

9 funding under section 2003 in the current fiscal 

10 year or have not received such funding in any 

11 of the preceding ten fiscal years, inclusive of 

12 any amounts States may retain pursuant to 

13 paragraph (2) of subsection (c). 

14 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

15 (1), the Administrator may allocate a different per16 centage if the Administrator does not receive a suffi17 cient number of applications from eligible recipients 

18 to meet the allocation percentages described in ei19 ther subparagraph (A) or (B) of such paragraph. If 

20 the Administrator exercises the authorization under 

21 this paragraph, the Administrator shall, not later 

22 than 30 days after such exercise, report to the Com23 mittee on Homeland Security of the House of Rep24 resentatives and the Committee on Homeland SecuVerDate Sep 11 2014 02:52 May 18, 2022 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6825.RFS H6825

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1 rity and Governmental Affairs of the Senate regard2 ing such exercise. 

3 ‘‘(i) PAPERWORK REDUCTION ACT.—Chapter 35 of 

4 title 44, United States Code (commonly known as the ‘Pa5 perwork Reduction Act’), shall not apply to any changes 

6 to the application materials, Program forms, or other core 

7 Program documentation intended to enhance participation 

8 by eligible nonprofit organizations in the Program.’’; 

9 (7) in subsection (j), as so redesignated— 

10 (A) in paragraph (1), by striking ‘‘$75 mil11 lion for each of fiscal years 2020 through 

12 2024’’ and inserting ‘‘$75,000,000 for fiscal 

13 year 2022 and $500,000,000 for each of fiscal 

14 years 2023 through 2028’’; and 

15 (B) by amending paragraph (2) to read as 

16 follows: 

17 ‘‘(2) OPERATIONS AND MAINTENANCE.—Of the 

18 amounts authorized to be appropriated pursuant to 

19 paragraph (1), not more than five percent is author20 ized— 

21 ‘‘(A) to operate the program office; and 

22 ‘‘(B) for other costs associated with the 

23 management, administration, and evaluation of 

24 the Program.’’; and 


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1 (8) by adding at the end the following new sub2 section: 

3 ‘‘(k) TREATMENT.—Nonprofit organizations deter4 mined by the Secretary to be at risk of extremist attacks 

5 other than terrorist attacks and threats under subsection 

6 (a) are deemed to satisfy the conditions specified in sub7 section (b) if protecting such organizations against such 

8 other extremist attacks would help protect such organiza9 tions against such terrorist attacks and threats.’’. 

10 (b) PLAN.—Not later than 90 days after the date of 

11 the enactment of this Act, the Administrator of the Fed12 eral Emergency Management Agency shall submit to the 

13 Committee on Homeland Security of the House of Rep14 resentatives and the Committee on Homeland Security 

15 and Governmental Affairs of the Senate a plan for the 

16 administration of the program office for the Nonprofit Se17 curity Grant Program established under subsection (f) of 

18 section 2009 of the Homeland Security Act 2002 (6 

19 U.S.C. 609a), as amended by subsection (a), including a 

20 staffing plan for such program office. 

21 (c) CONFORMING AMENDMENT.—Section 2008 of the 

22 Homeland Security Act of 2002 (6 U.S.C. 609) is amend23 ed— 


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1 (1) in subsection (c) by striking ‘‘sections 2003 

2 and 2004’’ and inserting ‘‘sections 2003, 2004, and 

3 2009’’; and 

4 (2) in subsection (e), by striking ‘‘section 2003 

5 or 2004’’ and inserting ‘‘sections 2003, 2004, or 

6 2009’’. 

Passed the House of Representatives May 16, 2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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