Sec. 7101. Enhancements to funding and administration of Nonprofit Security Grant Program of the Department of Homeland Security
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/bill/117/hr/7776/eah/section-7101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2009 of the Homeland Security Act of 2002 ( 6 U.S.C. 609a ) is amended— in subsection (a), by inserting or other threats before the period at the end; in subsection (b)— in the matter preceding paragraph (1), by striking
(a); and by amending paragraph
(2)to read as follows: determined by the Secretary to be at risk of terrorist attacks or other threats. ; in subsection (c)— 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; in the matter preceding subparagraph (A), as so redesignated, by striking The recipient and inserting the following: The recipient ; 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 ; by inserting after subparagraph (B), as so redesignated, the following new subparagraphs: Facility security personnel costs. Expenses directly related to the administration of the grant, except that those expenses may not exceed 5 percent of the amount of the grant. ; and by adding at the end the following new paragraphs: Each State through which a recipient receives a grant under this section may retain not more than 5 percent of each grant for expenses directly related to the administration of the grant. If the Administrator establishes target allocations in determining award amounts under the Program, a State may request a project to use a portion of the target allocation for outreach and technical assistance if the State does not receive enough eligible applications from nonprofit organizations located outside high-risk urban areas. Any outreach or technical assistance described in subparagraph
(A)should prioritize underserved communities and nonprofit organizations that are traditionally underrepresented in the Program. In determining grant guidelines under subsection (g), the Administrator may determine the parameters for outreach and technical assistance. ; in subsection (e)— by striking 2020 through 2024 and inserting 2022 through 2028 ; by striking on the expenditure and inserting on the following: The expenditure ; and by adding at the end the following new paragraphs: The number of applications submitted by eligible nonprofit organizations to each State. The number of applications submitted by each State to the Administrator. The operations of the program office of the Program, including staffing resources and efforts with respect to subparagraphs
(A)through
(D)of subsection (c)(1). ; and by striking subsection
(f)and inserting the following new subsections: Not later than 120 days after the date of enactment of this subsection, the Administrator shall ensure that within the Federal Emergency Management Agency a program office for the Program (in this subsection referred to as the program office ) shall— be headed by a senior official of the Agency; and administer the Program (including, where appropriate, in coordination with States), including relating to— outreach, engagement, education, and technical assistance and support to eligible nonprofit organizations described in subsection (b), with particular attention to those organizations in underserved communities, before, 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; the establishment of mechanisms to ensure program office processes are conducted in accordance with constitutional, statutory, and regulatory requirements that protect civil rights and civil liberties and advance equal access for members of underserved communities; the establishment of mechanisms for the Administrator to provide feedback to eligible nonprofit organizations that do not receive grants; the establishment of mechanisms to identify and collect data to measure the effectiveness of grants under the Program; the 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; carrying out efforts to prevent waste, fraud, and abuse, including through audits of grantees; and promoting diversity in the types and locations of eligible nonprofit organizations that are applying for grants under the Program. For each fiscal year, before awarding grants under this section, the Administrator— shall publish guidelines, including a notice of funding opportunity or similar announcement, as the Administrator determines appropriate; and may prohibit States from closing application processes before the publication of those guidelines. 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. There is authorized to be appropriated $360,000,000 for each of fiscal years 2023 through 2028 for grants under this section, of which— $180,000,000 each such fiscal year shall be for recipients in high-risk urban areas that receive funding under section 2003; and $180,000,000 each such fiscal year shall be for recipients in jurisdictions that do not so receive such funding. There is authorized to be appropriated $18,000,000 for each of fiscal years 2023 through 2028 for Operations and Support at the Federal Emergency Management Agency for costs incurred for the management and administration (including evaluation) of this section. . Not later than 180 days after the date of the enactment of this Act, the Administrator shall seek to enter into a contract or other agreement with an independent research organization pursuant to which the organization will conduct a study that analyzes and reports on the following: The effectiveness of the Nonprofit Security Grant Program established under section 2009(a) of the Homeland Security Act 2002 ( 6 U.S.C. 609a(a) ), as amended by subsection (a), for preparedness against terrorist attacks or other threats. The risk-based formula and allocations under such Program. The risk profile of and any identifiable factors leading to the low participation of traditionally underrepresented groups and States under such Program. The report required under paragraph
(1)shall be submitted to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. The Administrator may use funding authorized under subsection
(j)of section 2009 of the Homeland Security Act of 2002 ( 6 U.S.C. 609a )), as amended by subsection (a), to carry out this subsection. Section 2008 of the Homeland Security Act of 2002 ( 6 U.S.C. 609 ) is amended— in subsection
(c)by striking sections 2003 and 2004 and inserting sections 2003, 2004, and 2009 ; and in subsection (e), by striking section 2003 or 2004 and inserting section 2003, 2004, or 2009 .
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Sec. 7101
Enhancements to funding and administration of Nonprofit Security Grant Program of the Department of Homeland Security
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