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6 U.S.C. § 609a

Section 609a · Nonprofit Security Grant Program

Current version, with additions and removals from the January 24, 2020 version.

Current — December 23, 2022
As of January 24, 2020
(a) Establishment
(a) Establishment
There is established in the Department a program to be known as the "Nonprofit Security Grant Program" (in this section referred to as the "Program"). Under the Program, the Secretary, acting through the Administrator, shall make grants to eligible nonprofit organizations described in subsection (b), through the State in which such organizations are located, for target hardening and other security enhancements to protect against terrorist attacks.
There is established in the Department a program to be known as the "Nonprofit Security Grant Program" (in this section referred to as the "Program"). Under the Program, the Secretary, acting through the Administrator, shall make grants to eligible nonprofit organizations described in subsection (b), through the State in which such organizations are located, for target hardening and other security enhancements to protect against terrorist attacks or other threats.
(b) Eligible recipients
(b) Eligible recipients
Eligible nonprofit organizations described in this 1 subsection (a) are organizations that are—
Eligible nonprofit organizations described in this subsection are organizations that are—

(1) described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title; and

(1) described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title; and

(2) determined to be at risk of a terrorist attack by the Administrator.
(2) determined by the Secretary to be at risk of terrorist attacks or other threats.
(c) Permitted uses
(c) Permitted uses

(1) In general

The recipient of a grant under this section may use such grant for any of the following uses:

The recipient of a grant under this section may use such grant for any of the following uses:

(1) Target hardening activities, including physical security enhancement equipment and inspection and screening systems.
(A) Target hardening activities, including physical security enhancement equipment, inspection and screening systems, and alteration or remodeling of existing buildings or physical facilities.
(2) Fees for security training relating to physical security and cybersecurity, target hardening, terrorism awareness, and employee awareness.
(B) Fees for security training relating to physical security and cybersecurity, target hardening, terrorism awareness, and employee awareness.

(C) Facility security personnel costs.

(D) Expenses directly related to the administration of the grant, except that those expenses may not exceed 5 percent of the amount of the grant.

(3) Any other appropriate activity, including cybersecurity resilience activities, as determined by the Administrator.
(E) Any other appropriate activity, including cybersecurity resilience activities, as determined by the Administrator.

(2) Retention

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.

(3) Outreach and technical assistance

(A) In general

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.

(B) Priority

Any outreach or technical assistance described in subparagraph (A) should prioritize underserved communities and nonprofit organizations that are traditionally underrepresented in the Program.

(C) Parameters

In determining grant guidelines under subsection (g), the Administrator may determine the parameters for outreach and technical assistance.

(d) Period of performance
(d) Period of performance

The Administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months.

The Administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months.

(e) Report
(e) Report
The Administrator shall annually for each of fiscal years 2020 through 2024 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 report containing information on the expenditure by each grant recipient of grant funds made under this section.
The Administrator shall annually for each of fiscal years 2022 through 2028 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 report containing information on the following:

(1) The expenditure by each grant recipient of grant funds made under this section.

(2) The number of applications submitted by eligible nonprofit organizations to each State.

(3) The number of applications submitted by each State to the Administrator.

(4) 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).

(f) Administration

Not later than 120 days after December 23, 2022, 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—

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

(2) administer the Program (including, where appropriate, in coordination with States), including relating to—

(A) 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;

(B) 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;

(C) the establishment of mechanisms for the Administrator to provide feedback to eligible nonprofit organizations that do not receive grants;

(D) the establishment of mechanisms to identify and collect data to measure the effectiveness of grants under the Program;

(E) 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;

(F) carrying out efforts to prevent waste, fraud, and abuse, including through audits of grantees; and

(G) promoting diversity in the types and locations of eligible nonprofit organizations that are applying for grants under the Program.

(g) Grant guidelines

For each fiscal year, before 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 before the publication of those guidelines.

(h) Paperwork Reduction Act

Chapter 35 of title 44 (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.

(f) Authorization of Appropriations
(i) Authorization of appropriations

(1) In general

(1) In general

There is authorized to be appropriated $75 million for each of fiscal years 2020 through 2024 to carry out this section.
There is authorized to be appropriated $360,000,000 for each of fiscal years 2023 through 2028 for grants under this section, of which—

(2) Specification

Of the amounts authorized to be appropriated pursuant to paragraph (1)—

(A) $50 million is authorized for eligible recipients located in jurisdictions that receive funding under section 604 of this title; and
(A) $180,000,000 each such fiscal year shall be for recipients in high-risk urban areas that receive funding under section 2003; and

(B) $25 million is authorized for eligible recipients in jurisdictions not receiving funding under section 604 of this title.

(B) $180,000,000 each such fiscal year shall be for recipients in jurisdictions that do not so receive such funding.

(2) Operations and support

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.

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