II Calendar No. 521 117th CONGRESS 2d Session H. R. 5615 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs September 28, 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 direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, and for other purposes.

1. Short title This Act may be cited as the Homeland Security Capabilities Preservation Act . 2. Preservation of homeland security capabilities (a) Plan (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through 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, 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 funding 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 assistance for the purpose of preserving a homeland security capability related to preventing, preparing for, protecting against, and responding to acts of terrorism that had been developed or otherwise supported through prior grant funding under such Initiative and allow for such urban areas to transition to such urban areas costs of preserving such homeland security capabilities. (2) Additional requirement The plan required under paragraph (1) shall also contain a prohibition on an urban area that in a fiscal year is eligible 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 preference of such urban area to retain either— (A) such eligibility for such Federal assistance; or (B) such receipt of such grant funding. (b) Survey In developing the plan required under subsection (a), the Administrator of the Federal Emergency 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 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 preceding the current fiscal year; and (3) any other urban areas the Secretary determines appropriate. (c) Exemption The Secretary of Homeland Security 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 carrying out subsection (b) if the Secretary determines that complying with such requirements would delay the development 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 to provide assistance for the purpose described in such subsection; (2) identify annual funding levels for such Federal assistance in accordance with the survey required 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 Security Initiative under section 2003 of the Homeland 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 legislative proposal to authorize any such approach.

1. Short title This Act may be cited as the Homeland Security Capabilities Preservation Act . 2. Preservation of homeland security capabilities (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Appropriate congressional committees The term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Covered homeland security capability The term covered homeland security capability means a homeland security capability related to preventing, preparing for, protecting against, or responding to acts of terrorism that— (A) was developed or otherwise supported through grant funding under the UASI before the current fiscal year; and (B) is at risk of being reduced or eliminated without additional Federal financial assistance. (4) Covered urban area The term covered urban area means an urban area that— (A) during the current fiscal year did not receive grant funding under the UASI; and (B) requires continued Federal assistance for the purpose of preserving a covered homeland security capability. (5) Secretary The term Secretary means the Secretary of Homeland Security. (6) UASI The term UASI means the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ). (b) Report and proposal (1) Submission to Congress Not later than 18 months after the date of enactment of this Act, the Secretary, acting through the Administrator, shall submit to the appropriate congressional committees a report regarding covered homeland security capabilities, including a proposal relating to providing Federal assistance to covered urban areas to preserve such capabilities that is informed by the survey information collected pursuant to subsection (c)— (A) under which the Administrator would make Federal financial assistance available for at least 3 consecutive fiscal years to covered urban areas; and (B) that would allow covered urban areas to transition funding for the covered homeland security capabilities that were previously funded through the UASI to other sources. (2) Requirements relating to UASI funds The proposal required under paragraph (1) shall contain— (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive— (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. (3) Analysis The report required under paragraph (1) shall include— (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. (4) Other contents of proposal The proposal required under paragraph (1) shall— (A) set forth eligibility criteria for covered urban areas to receive Federal assistance described in paragraph (1)(A); (B) identify annual funding levels that would be required to provide Federal assistance described in paragraph (1)(A), in accordance with the survey required under subsection (c); and (C) consider a range of approaches to make Federal assistance described in paragraph (1)(A) available to covered urban areas, including— (i) modifications to the UASI in a manner that would not affect the availability of funding to urban areas under the UASI; (ii) the establishment of a competitive grant program; (iii) the establishment of a formula grant program; and (iv) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach. (c) Survey In developing the proposal required under subsection (b), the Administrator shall, to ascertain the scope of Federal financial assistance required, survey— (1) urban areas that did not receive grant funding under the UASI during the current fiscal year concerning covered homeland security capabilities that are at risk of being reduced or eliminated without additional Federal financial assistance; (2) urban areas that received grant funding under the UASI during the current fiscal year, but did not receive such funding during at least 1 fiscal year of the 7 fiscal years immediately preceding the current fiscal year; and (3) any other urban areas the Secretary determines appropriate. (d) Exemption The Secretary may exempt the Administrator 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 carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). (e) Rule of construction Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

September 28, 2022 Reported with an amendment