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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Homeland Security 
Capabilities Preservation Act’’. 
SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPA-
BILITIES. 
(a) PLAN.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, acting through the Ad-
ministrator 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, informed by the survey 
information collected pursuant to subsection (b), to 
make Federal assistance available for at least three 
consecutive fiscal years to certain urban areas that 
in the current fiscal year did not receive grant fund-
ing under the Urban Area Security Initiative under 
section 2003 of the Homeland Security Act of 2002 
(6 U.S.C. 604) and require continued Federal assist-
ance for the purpose of preserving a homeland secu-
rity capability related to preventing, preparing for, 
protecting against, and responding to acts of ter-
rorism that had been developed or otherwise sup-
ported through prior grant funding under such Ini-
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tiative and allow for such urban areas to transition 
to such urban areas costs of preserving such home-
land security capabilities. 
(2) ADDITIONAL REQUIREMENT.—The plan re-
quired under paragraph (1) shall also contain a pro-
hibition on an urban area that in a fiscal year is eli-
gible to receive Federal assistance described in such 
paragraph from also receiving grant funding under 
the Urban Area Security Initiative under section 
2003 of the Homeland Security Act of 2002. In such 
a case, such plan shall require such an urban area 
to promptly notify the Administrator of the Federal 
Emergency Management Agency regarding the pref-
erence of such urban area to retain either— 
(A) such eligibility for such Federal assist-
ance; or 
(B) such receipt of such grant funding. 
(b) SURVEY.—In developing the plan required under 
subsection (a), the Administrator of the Federal Emer-
gency Management Agency, shall, to ascertain the scope 
of Federal assistance required, survey urban areas that— 
(1) did not receive grant funding under the 
Urban Area Security Initiative under section 2003 
of the Homeland Security Act of 2002 in the current 
fiscal year concerning homeland security capabilities 
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related to preventing, preparing for, protecting 
against, and responding to acts of terrorism that 
had been developed or otherwise supported through 
funding under such Initiative that are at risk of 
being reduced or eliminated without such Federal 
assistance; 
(2) received such funding in the current fiscal 
year, but did not receive such funding in at least one 
fiscal year in the six fiscal years immediately pre-
ceding the current fiscal year; and 
(3) any other urban areas the Secretary deter-
mines appropriate. 
(c) EXEMPTION.—The Secretary of Homeland Secu-
rity may exempt the Federal Emergency Management 
Agency from the requirements of subchapter I of chapter 
35 of title 44, United States Code (commonly referred to 
as the ‘‘Paperwork Reduction Act’’), for purposes of car-
rying out subsection (b) if the Secretary determines that 
complying with such requirements would delay the devel-
opment of the plan required under subsection (a). 
(d) CONTENTS.—The plan required under subsection 
(a) shall— 
(1) establish eligibility criteria for urban areas 
to receive Federal assistance pursuant to such plan 
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to provide assistance for the purpose described in 
such subsection; 
(2) identify annual funding levels for such Fed-
eral assistance in accordance with the survey re-
quired under subsection (b); and 
(3) consider a range of approaches to make 
such Federal assistance available to such urban 
areas, including— 
(A) modifications to the Urban Area Secu-
rity Initiative under section 2003 of the Home-
land Security Act of 2002 in a manner that 
would not affect the availability of funding to 
urban areas under such Initiative; 
(B) the establishment of a competitive 
grant program; 
(C) the establishment of a formula grant 
program; and 
(D) a timeline for the implementation of 
any such approach and, if necessary, a legisla-
tive proposal to authorize any such approach. 
Passed the House of Representatives March 7, 
2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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