II 

Calendar No. 507 

117TH CONGRESS 

2D SESSION H. R. 6825 

[Report No. 117–165] 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2022 

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

Governmental Affairs 

SEPTEMBER 27, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 22:45 Sep 27, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\H6825.RS 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 22:45 Sep 27, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\H6825.RS 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’’. 

7 SECTION 1. SHORT TITLE. 

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

9 Grant Program Improvement Act of 2022’’. 

10 SEC. 2. ENHANCEMENTS TO FUNDING AND ADMINISTRA11 TION OF NONPROFIT SECURITY GRANT PRO12 GRAM OF THE DEPARTMENT OF HOMELAND 

13 SECURITY. 

14 (a) IN GENERAL.—Section 2009 of the Homeland Se15 curity Act of 2002 (6 U.S.C. 609a) is amended— 

16 (1) in subsection (a), by inserting ‘‘and other 

17 threats’’ before the period at the end; 

18 (2) in subsection (b)— 

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

20 by striking ‘‘(a)’’; and 

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

22 follows: 

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

24 terrorists attacks and other threats.’’; 

25 (3) in subsection (c)— 


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

2 and (3) as subparagraphs (A), (B), and (E), re3 spectively, and adjusting the margins accord4 ingly; 

5 (B) in the matter preceding subparagraph 

6 (A), as so redesignated, by striking ‘‘The recipi7 ent’’ and inserting the following: 

8 ‘‘(1) IN GENERAL.—The recipient’’; 

9 (C) in subparagraph (A), as so redesig10 nated, by striking ‘‘equipment and inspection 

11 and screening systems’’ and inserting ‘‘equip12 ment, inspection and screening systems, and al13 teration or remodeling of existing buildings or 

14 physical facilities’’; 

15 (D) by inserting after subparagraph (B), as 

16 so redesignated, the following: 

17 ‘‘(C) Facility security personnel costs, in18 cluding contracted security. 

19 ‘‘(D) Expenses directly related to the ad20 ministration of the grant, except that those ex21 penses may not exceed 5 percent of the amount 

22 of the grant.’’; and 

23 (E) by adding at the end the following: 

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

25 recipient receives a grant under this section may reVerDate Sep 11 2014 22:45 Sep 27, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H6825.RS H6825

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1 tain not more than 5 percent of each grant for ex2 penses directly related to the administration of the 

3 grant. 

4 ‘‘(3) OUTREACH AND TECHNICAL ASSISTANCE.— 

5 ‘‘(A) IN GENERAL.—If the Administrator es6 tablishes target allocations in determining award 

7 amounts under the Program, a State may re8 quest a project to use some of the target alloca9 tion for outreach and technical assistance if the 

10 State does not receive enough eligible applica11 tions from nonprofit organizations located out12 side high-risk urban areas. 

13 ‘‘(B) PRIORITY.—Any outreach or technical 

14 assistance described in subparagraph (A) should 

15 prioritize underserved communities and non16 profit organizations that are traditionally 

17 underrepresented in the Program. 

18 ‘‘(C) PARAMETERS.—In determining grant 

19 guidelines under subsection (g), the Adminis20 trator may determine the parameters for out21 reach and technical assistance.’’; 

22 (4) in subsection (e)— 

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

24 inserting ‘‘2022 through 2028’’; 


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1 (B) by striking ‘‘on the expenditure’’ and 

2 inserting ‘‘on— 

3 ‘‘(1) the expenditure’’; 

4 (C) in paragraph (1), as so designated, by 

5 striking the period at the end and inserting a 

6 semicolon; and 

7 (D) by adding at the end the following: 

8 ‘‘(2) the number of applications submitted by eli9 gible nonprofit organizations to each State; 

10 ‘‘(3) the number of applications submitted by 

11 each State to the Administrator; and 

12 ‘‘(4) the operations of the program office of the 

13 Program, including staffing resources and efforts with 

14 respect to subparagraphs (A) through (D) of sub15 section (c)(1).’’; and 

16 (5) by striking subsection (f) and inserting the 

17 following: 

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

19 the date of enactment of the Nonprofit Security Grant Pro20 gram Improvement Act of 2022, the Administrator shall en21 sure that within the Federal Emergency Management Agen22 cy, a program office for the Program (in this subsection 

23 referred to as the ‘program office’) shall— 

24 ‘‘(1) be headed by a senior official of the Agency; 

25 and 


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1 ‘‘(2) administer the Program (including, where 

2 appropriate, in coordination with States), including 

3 relating to— 

4 ‘‘(A) outreach, engagement, education, and 

5 technical assistance and support to eligible non6 profit organizations described in subsection (b), 

7 with particular attention to those organizations 

8 in underserved communities, before, during, and 

9 after the awarding of grants, including web10 based training videos for eligible nonprofit orga11 nizations that provide guidance on preparing an 

12 application and the environmental planning and 

13 historic preservation process; 

14 ‘‘(B) the establishment of mechanisms to en15 sure program office processes are conducted in 

16 accordance with constitutional, statutory, and 

17 regulatory requirements that protect civil rights 

18 and civil liberties and advance equal access for 

19 members of underserved communities; 

20 ‘‘(C) the establishment of mechanisms for 

21 the Administrator to provide feedback to eligible 

22 nonprofit organizations that do not receive 

23 grants; 


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1 ‘‘(D) the establishment of mechanisms to 

2 identify and collect data to measure the effective3 ness of grants under the Program; 

4 ‘‘(E) the establishment and enforcement of 

5 standardized baseline operational requirements 

6 for States, including requirements for States to 

7 eliminate or prevent any administrative or oper8 ational obstacles that may impact eligible non9 profit organizations described in subsection (b) 

10 from receiving grants under the Program; 

11 ‘‘(F) carrying out efforts to prevent waste, 

12 fraud, and abuse, including through audits of 

13 grantees; and 

14 ‘‘(G) promoting diversity in the types and 

15 locations of eligible nonprofit organizations that 

16 are applying for grants under the Program. 

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

18 awarding grants under this section, the Administrator— 

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

20 of funding opportunity or similar announcement, as 

21 the Administrator determines appropriate; and 

22 ‘‘(2) may prohibit States from closing applica23 tion processes before the publication of those guide24 lines. 


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1 ‘‘(h) PAPERWORK REDUCTION ACT.—Chapter 35 of 

2 title 44, United States Code (commonly known as the ‘Pa3 perwork Reduction Act’), shall not apply to any changes 

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

5 Program documentation intended to enhance participation 

6 by eligible nonprofit organizations in the Program. 

7 ‘‘(i) ALLOCATION REQUIREMENTS.— 

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

9 this section, the Administrator shall ensure that— 

10 ‘‘(A) 50 percent of amounts appropriated 

11 pursuant to the authorization of appropriations 

12 under subsection (j) is provided to eligible recipi13 ents located in high-risk urban areas that receive 

14 funding under section 2003 in the current fiscal 

15 year or received such funding in any of the pre16 ceding 10 fiscal years, inclusive of any amounts 

17 States may retain pursuant to subsection (c)(2); 

18 and 

19 ‘‘(B) 50 percent of amounts appropriated 

20 pursuant to the authorizations of appropriations 

21 under subsection (j) is provided to eligible recipi22 ents located in jurisdictions not receiving fund23 ing under section 2003 in the current fiscal year 

24 or have not received such funding in any of the 

25 preceding 10 fiscal years, inclusive of any 


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1 amounts States may retain pursuant to sub2 section (c)(2). 

3 ‘‘(2) EXCEPTION.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding para5 graph (1), the Administrator may allocate a dif6 ferent percentage if the Administrator does not 

7 receive a sufficient number of applications from 

8 eligible recipients to meet the allocation percent9 ages described in subparagraph (A) or (B) of 

10 such paragraph. 

11 ‘‘(B) REPORT.—If the Administrator exer12 cises the authorization under subparagraph (A), 

13 the Administrator shall, not later than 30 days 

14 after the exercise, report to the Committee on 

15 Homeland Security and Governmental Affairs of 

16 the Senate and the Committee on Homeland Se17 curity of the House of Representatives regarding 

18 the exercise. 

19 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

20 ‘‘(1) IN GENERAL.—There is authorized to be ap21 propriated $360,000,000 for each of fiscal years 2023 

22 through 2028 to carry out this section. 

23 ‘‘(2) TRANSFERS AUTHORIZED.—During a fiscal 

24 year, the Administrator may transfer not more than 

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1 section or other amounts appropriated or otherwise 

2 made available to carry out the Program for the fiscal 

3 year to an account of the Federal Emergency Manage4 ment Agency for costs incurred for the management, 

5 administration, or evaluation of this section.’’. 

6 (b) REPORT.— 

7 (1) IN GENERAL.—Not later than 180 days after 

8 the date of enactment of this Act, the Administrator 

9 shall seek to enter into a contract or other agreement 

10 with an independent research organization pursuant 

11 to which the organization will conduct a study that 

12 analyzes and reports on— 

13 (A) the effectiveness of the Nonprofit Secu14 rity Grant Program established under section 

15 2009(a) of the Homeland Security Act 2002 (6 

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

17 for preparedness against terrorism and other 

18 threats; 

19 (B) the risk-based formula and allocations 

20 under that program; and 

21 (C) the risk profile of and any identifiable 

22 factors leading to the low participation of tradi23 tionally underrepresented groups and States 

24 under that program. 


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1 (2) SUBMISSION.—The final report required 

2 under paragraph (1) shall be submitted to the Com3 mittee on Homeland Security and Governmental Af4 fairs of the Senate, the Committee on Homeland Secu5 rity of the House of Representatives, and the Commit6 tees on Appropriations of the Senate and the House 

7 of Representatives. 

8 (3) FUNDING.—The Administrator may use 

9 funding authorized under subsection (j) of section 

10 2009 of the Homeland Security Act of 2002 (6 U.S.C. 

11 609a)), as amended by subsection (a), to carry out 

12 this subsection. 

13 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 Section 2008 of the Homeland Security Act of 2002 (6 

15 U.S.C. 609) is amended— 

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

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

18 2009’’; and 

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

20 2004’’ and inserting ‘‘section 2003, 2004, or 2009’’. 


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Calendar No. 507 

117TH CONGRESS 

2D SESSION H. R. 6825 

[Report No. 117–165] 

AN ACT 

To amend the Homeland Security Act of 2002 to 

purposes. partment of Homeland Security, and for other Nonprofit Security Grant Program of the Deenhance the funding and administration of the 

SEPTEMBER 27, 2022 

Reported with an amendment 


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