[Congressional Record Volume 168, Number 83 (Monday, May 16, 2022)]
[House]
[Pages H4982-H4985]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NONPROFIT SECURITY GRANT PROGRAM IMPROVEMENT ACT OF 2022
Mr. MALINOWSKI. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6825) 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, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6825
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonprofit Security Grant
Program Improvement Act of 2022''.
SEC. 2. ENHANCEMENTS TO FUNDING AND ADMINISTRATION OF
NONPROFIT SECURITY GRANT PROGRAM OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Section 2009 of the Homeland Security Act
of 2002 (6 U.S.C. 609a) is amended--
(1) in subsection (a), by inserting ``and threats'' before
the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``this'' before ``subsection''; and
(B) by amending paragraph (2) to read as follows:
``(2) determined by the Secretary to be at risk of
terrorist attacks and threats.'';
(3) in subsection (c)--
(A) 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;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The recipient'' and inserting the
following:
``(1) In general.--The recipient'';
(C) 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'';
(D) by inserting after subparagraph (B), as so
redesignated, the following new subparagraphs:
``(C) Facility security personnel costs, including costs
associated with contracted security.
``(D) Expenses directly related to the administration of
the grant, except that such expenses may not exceed five
percent of the amount of the grant.''; and
(E) by adding at the end the following new paragraph:
``(2) Retention.--Each State through which a recipient
receives a grant under this section may retain up to five
percent of each grant for expenses directly related to the
administration of the grant.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and inserting ``2022
through 2028''; and
(B) by adding at the end the following new sentence: ``Each
such report shall also include information on the number of
applications submitted by eligible nonprofit organizations to
each State, the number of applications submitted by each
State to the Administrator, and the operations of the
Nonprofit Security Grant Program Office, including staffing
resources and efforts with respect to subparagraphs (A)
through (E) of subsection (c)(1).'';
(5) by redesignating subsection (f) as subsection (j);
(6) by inserting after subsection (e) the following new
subsections:
``(f) Administration.--Not later than 120 days after the
date of the enactment of this subsection, the Administrator
shall establish within the Federal Emergency Management
Agency a program office for the Program (in this section
referred to as the `program office'). The program office
shall be headed by a senior official of the Agency. The
Administrator shall administer the Program (including, where
appropriate, in coordination with States), including relating
to the following:
``(1) Outreach, engagement, education, and technical
assistance and support to eligible nonprofit organizations
described in subsection (b), with particular attention to
such organizations in underserved communities, prior to,
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.
``(2) Establishment of mechanisms to ensure program office
processes are conducted in accordance with constitutional,
statutory, regulatory, and other legal and agency policy
requirements that protect civil rights and civil liberties
and, to the maximum extent practicable, advance equity for
members of underserved communities.
``(3) Establishment of mechanisms for the Administrator to
provide feedback to eligible nonprofit organizations that do
not receive grants.
``(4) Establishment of mechanisms to collect data to
measure the effectiveness of grants under the Program.
``(5) 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.
``(6) Carrying out efforts to prevent waste, fraud, and
abuse, including through audits of grantees.
``(g) Grant Guidelines.--For each fiscal year, prior to
awarding grants under this section, the Administrator--
``(1) shall publish guidelines, including a notice of
funding opportunity or similar announcement, as the
Administrator determines appropriate; and
``(2) may prohibit States from closing application
processes prior to the publication of such guidelines.
``(h) Allocation Requirements.--
``(1) In general.--In awarding grants under this section,
the Administrator shall ensure that--
[[Page H4983]]
``(A) 50 percent of amounts appropriated pursuant to the
authorization of appropriations under subsection (k) is
provided to eligible recipients located in high-risk urban
areas that receive funding under section 2003 in the current
fiscal year or received such funding in any of the preceding
ten fiscal years, inclusive of any amounts States may retain
pursuant to paragraph (2) of subsection (c); and
``(B) 50 percent of amounts appropriated pursuant to the
authorizations of appropriations under subsection (k) is
provided to eligible recipients located in jurisdictions not
receiving funding under section 2003 in the current fiscal
year or have not received such funding in any of the
preceding ten fiscal years, inclusive of any amounts States
may retain pursuant to paragraph (2) of subsection (c).
``(2) Exception.--Notwithstanding paragraph (1), the
Administrator may allocate a different percentage if the
Administrator does not receive a sufficient number of
applications from eligible recipients to meet the allocation
percentages described in either subparagraph (A) or (B) of
such paragraph. If the Administrator exercises the
authorization under this paragraph, the Administrator shall,
not later than 30 days after such exercise, report to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate regarding such exercise.
``(i) Paperwork Reduction Act.--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.'';
(7) in subsection (j), as so redesignated--
(A) in paragraph (1), by striking ``$75 million for each of
fiscal years 2020 through 2024'' and inserting ``$75,000,000
for fiscal year 2022 and $500,000,000 for each of fiscal
years 2023 through 2028''; and
(B) by amending paragraph (2) to read as follows:
``(2) Operations and maintenance.--Of the amounts
authorized to be appropriated pursuant to paragraph (1), not
more than five percent is authorized--
``(A) to operate the program office; and
``(B) for other costs associated with the management,
administration, and evaluation of the Program.''; and
(8) by adding at the end the following new subsection:
``(k) Treatment.--Nonprofit organizations determined by the
Secretary to be at risk of extremist attacks other than
terrorist attacks and threats under subsection (a) are deemed
to satisfy the conditions specified in subsection (b) if
protecting such organizations against such other extremist
attacks would help protect such organizations against such
terrorist attacks and threats.''.
(b) Plan.--Not later than 90 days after the date of the
enactment of this Act, 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 for the administration of the program
office for the Nonprofit Security Grant Program established
under subsection (f) of section 2009 of the Homeland Security
Act 2002 (6 U.S.C. 609a), as amended by subsection (a),
including a staffing plan for such program office.
(c) Conforming Amendment.--Section 2008 of the Homeland
Security Act of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (c) by striking ``sections 2003 and
2004'' and inserting ``sections 2003, 2004, and 2009''; and
(2) in subsection (e), by striking ``section 2003 or 2004''
and inserting ``sections 2003, 2004, or 2009''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Malinowski) and the gentleman from Kansas (Mr. LaTurner)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. MALINOWSKI. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. MALINOWSKI. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 6825, the Nonprofit
Security Grant Program Improvement Act.
More than 20 years after the September 11 attacks, the terrorism
threat landscape has grown significantly more complex, and houses of
worship and other nonprofits have become targets for domestic and
foreign terrorists.
Earlier this year, four Americans were held at gunpoint by a
terrorist at a synagogue in Colleyville, Texas. During the Colleyville
attack, Rabbi Charlie Cytron-Walker used security training to help
bring the standoff to an end without injury to his congregants.
The training that proved so crucial that Sabbath was funded by the
Department of Homeland Security's Nonprofit Security Grant Program. The
NSGP, as it has come to be known, is a competitive grant program that
provides funding to nonprofit organizations, such as religious
institutions, at high risk of a terrorist attack to help bolster their
security.
Grant funding is primarily used to pay for active shooter training,
fencing, barriers, and surveillance cameras.
In recent years, demand for the program has grown exponentially,
given the heightened threat environment that we face. Over the past 3
years, to meet this demand, Congress has increased funding almost
threefold to $250 million in fiscal year 2022.
Even with significant new resources, FEMA reported that, in fiscal
year 2021, there was a $200 million gap between applications and
funding. To provide FEMA with more resources to help bolster the
security of more at-risk nonprofits, H.R. 6825 authorizes $500 million
in grant funding for fiscal years 2023 to 2028.
This bipartisan bill, which was introduced by the leaders of the
Committee on Homeland Security, Chairman Bennie Thompson and Ranking
Member John Katko, also includes a range of enhancements to the
program's operations.
H.R. 6825 would establish a dedicated program office to carry out
education, outreach, and engagement to provide technical assistance and
support. Among other things, it includes technical changes to eliminate
or prevent administrative or operational obstacles that may impact
access by eligible applicants; sets baseline requirements for States
that administer the program; and requires audits to prevent waste,
fraud, and abuse.
The legislation, which was developed in close coordination with FEMA,
was unanimously supported by the committee in March.
Before I conclude, I would like to address an article that appeared
in the Jewish Link, a prominent news outlet for the Jewish community in
New Jersey and New York, in which questions were raised about the grant
guidance for the program for the current fiscal year.
On behalf of Chairman Thompson, let me express my appreciation to
Representatives Pascrell and Gottheimer, in particular, for alerting
the committee to these concerns and the chairman's commitment to engage
FEMA about the questions that were raised.
Mr. Speaker, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
Mr. LaTURNER. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 6825, the Nonprofit Security Grant
Program Improvement Act of 2022.
FEMA's Nonprofit Security Grant Program is an important resource
available to nonprofit organizations, especially our houses of worship.
As we all know, faith-based communities across the country face varying
levels of discrimination, and it is vital that we strengthen our
Nation's emergency preparedness posture to prevent violence against all
religious groups.
H.R. 6825 expands the use of Nonprofit Security Grant Program funds
to include alteration or remodeling of existing buildings or physical
facilities and facility security personnel costs, including costs
associated with contracted security.
This bill requires more accountability on the part of FEMA to
Congress by requiring the Administrator of FEMA to include information
on the number of applications submitted by eligible nonprofit
organizations to each State, the number of applications submitted by
each State, and specific operations of the grant office in FEMA's
annual report to Congress.
Finally, this legislation also establishes an office within FEMA to
provide outreach, engagement, education, and technical assistance to
support eligible nonprofit organizations. This will better ensure that
eligible organizations, including houses of worship, know the resources
available to them.
I urge Members to support H.R. 6825, and I reserve the balance of my
time.
[[Page H4984]]
Mr. MALINOWSKI. Mr. Speaker, I yield 4 minutes to the gentleman from
New Jersey (Mr. Pascrell).
Mr. PASCRELL. Mr. Speaker, as an original member of the Homeland
Security Committee, I had the pleasure of serving with Chairman
Thompson. It has only been lately that we understand what he means to
this country. Together, we worked to establish and grow the Nonprofit
Security Grant Program into what it is now.
I associate myself with the words of the gentleman from New Jersey
(Mr. Malinowski) and our associates from Arkansas and Kansas. I hope
people listened to what they had to say on the previous bill because
knowledge is power in trying to keep the American people safe.
From Jersey City, to Colleyville, to Pittsburgh, our faith-based
communities have become targets. Our churches, synagogues, and mosques
are facing increased volatility, unpredictability, and threats. Now,
that is either a fact or it is not a fact.
The Nonprofit Security Grant Program is a vital tool to help keep
people safe from this dire threat. H.R. 6825 recognizes this growing
threat by increasing the program's authorization, as you just heard. It
is money that will be well spent.
We must ensure that every community can get these resources. Too many
communities do not have the historic ability to even write a grant,
believe it or not.
But revising the formula should not create obstacles for high-threat
communities or regions, like my home State of New Jersey. I am closely
monitoring the new formula FEMA has offered. It will give preference to
applications with a higher Social Vulnerability Index.
It is one of the pillars of America that our neighbors are secure in
their houses of worship. I will fight hard for fairness in distributing
these funds.
I applaud Chairman Thompson for bringing this bill to the floor.
Domestic terrorism threatens every community in our Nation, and we blew
it 12 years ago. It is something I have warned about over a decade, and
it is not abating but growing.
This funding will save lives and secure houses of worship. I urge
swift passage of H.R. 6825.
Mr. LaTURNER. Mr. Speaker, I have no further speakers. I urge Members
to support this bill, and I yield back the balance of my time.
Mr. MALINOWSKI. Mr. Speaker, I yield such time as he may consume to
the gentleman from Mississippi (Mr. Thompson), chairman of the Homeland
Security Committee.
Mr. THOMPSON of Mississippi. Mr. Speaker, violence shattered
communities across the country this weekend, making it a very sad one
for this Nation.
First, on Friday night in Milwaukee, 21 people were injured in a mass
shooting as the city hosted the NBA playoffs. Then, on Saturday, a
gunman who posted a manifesto online espousing violent white
supremacist viewpoints drove 2 hours to a grocery store in a
predominantly Black area of Buffalo and opened fire on customers,
killing 10 innocent people. Finally, yesterday, in Laguna Woods,
California, an armed intruder burst into a predominantly Taiwanese
Christian congregation meeting in a Presbyterian church, killing one
congregant and critically wounding four others.
Today, we mourn with these communities and families who were rocked
by this violence, but we also must continue asking tough questions
about what is fueling such racially motivated violent extremism.
Just months ago, FBI Director Christopher Wray told Congress domestic
terrorism is metastasizing through this country and was not going away
any time soon. The intelligence community has recently warned that
racially motivated violent extremism poses the most lethal domestic
terrorism threat.
While Americans may not see eye-to-eye on what factors contribute to
the current threat landscape, there seems to be general agreement that
public spaces, in general, and houses of worship, in particular, need
to be more secure.
That is where the Nonprofit Security Grant Program comes in. This
grant program is incredibly important to at-risk nonprofits that need
to bolster their security against mass shootings and terrorism threats.
In 2020, I was proud to author legislation that was enacted into law
to authorize this program. Today, I am here in support of H.R. 6825,
legislation I introduced in the wake of a terrorist attack on a
synagogue in Colleyville, Texas, to expand the availability of crucial
funding to more at-risk nonprofits and improve the program's
operations.
My legislation, Mr. Speaker, does so by increasing the authorization
for funding to $500 million annually through fiscal year 2028 and by
establishing a dedicated program office.
This past February, the National Terrorism Advisory System Bulletin
stated: ``Threats directed at historically Black colleges and
universities and other colleges and universities, Jewish facilities,
and churches cause concern and may inspire extremist threat actors to
mobilize to violence.''
{time} 1500
With each passing day, the list of potential targets for mass
violence seems to expand, and FEMA has already told us that even with
funding for the program increasing roughly three-fold in just a few
short years, the demand for funding is still outpacing available
funding. The additional resources provided under my bill will help FEMA
do more to help more at-risk nonprofits.
Importantly, H.R. 6825 requires FEMA to provide outreach, engagement,
and technical support to nonprofits, with particular attention to
eligible at-risk nonprofits in underserved communities.
As was mentioned before, in recent days, questions have arisen about
how FEMA plans to bring new at-risk nonprofits into the program, a goal
that many of us support.
I strongly believe that with the enhanced funding that Congress
provides in this year's appropriations, FEMA can expand the program's
reach while preserving funding to existing grantees that continue to be
at risk.
To that end, together with my colleague, Mr. Pascrell, I am engaging
FEMA about its approach, and I look forward to resolving it.
Mr. Speaker, I look forward to my colleagues' support in passing this
critical legislation.
Mr. MALINOWSKI. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, back home in New Jersey, I make a point of checking in
on faith communities as often as I can. We gather together, we talk
about the issues of the day, we talk about how their members can help
the community at large. And in every one of these conversations, I am
sad to say, the issue of security comes up. We talk about this grant
program and how it can help them protect themselves.
It saddens me because I know that bulletproof glass is not the
solution to hatred. Security guards and security cameras are not the
solution to the violence that is plaguing our society. Security at the
point of the religious institution is not the solution, it is the last
resort. And yet, it is something that we have to do. Until we defeat
the hatred, until we deal with how it spreads through our society, we
have to harden our institutions so people can worship and gather
peacefully in safety.
Mr. Speaker, I am pleased to be here with my colleagues on both sides
of the aisle in support of a bill that addresses this need, H.R. 6825,
the Nonprofit Security Grant Program Improvement Act. It is a timely
measure that is responsive to the current threat picture.
Instances of anti-Semitic crime, for example, hit an all-time high in
2021 in America. My home State of New Jersey and the neighboring State
of New York, accounted for nearly 30 percent of the reported total.
The bill is endorsed by The Jewish Federations of North America, the
Anti-Defamation League, the Sikh Coalition, the Secure Community
Network, the Union of Orthodox Jewish Congregations of America, and The
National Baptist Convention, USA, Inc.
Just today, ahead of consideration of the bill, The Jewish
Federations of North America reached out to say: ``The Nonprofit
Security Grant Program is critically important to the safety and
security of faith communities and others who are at risk. The Jewish
Federations would like to thank Chairman Thompson and Ranking Member
Katko for advancing an
[[Page H4985]]
authorization bill that will strengthen the Nonprofit Security Grant
Program and increase much-needed funding for at-risk institutions.''
Mr. Speaker, for all these reasons, while it is not enough, I do
strongly believe that enactment of H.R. 6825 will position this program
to be effective in the future. It will enable us to provide these
essential grants to every faith institution that needs them.
None of us want to communicate to folks in our district that we were
able to help this synagogue, this mosque, this church, but the one
across the street, the one in a different neighborhood, we are sorry,
we can't help you because we ran out of money. That is absolutely
unacceptable, and we are going to solve this program.
Mr. Speaker, I urge my colleagues to support H.R. 6825, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Malinowski) that the House suspend the
rules and pass the bill, H.R. 6825, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HICE of Georgia. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________