High Risk Nonprofit Security Enhancement Act of 2004 - Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to: (1) enter into contracts for security enhancements and technical assistance for nonprofit organizations; and (2) issue Federal loan guarantees in connection with loans made by financial institutions to nonprofit organizations for security enhancements and technical assistance. Permits the Secretary to guarantee only such loans that have favorable repayment terms.
Directs the Secretary to designate high-risk nonprofit organizations eligible for contracts or loans based on the vulnerability of the specific site of the nonprofit to international terrorist attacks. Sets forth criteria for vulnerability determinations.
Authorizes: (1) the use of federally guaranteed funds borrowed from lending institutions for technical assistance and security enhancements; (2) the Secretary to select applications for execution of security enhancement and technical assistance contracts, or issuance of loan guarantees, giving preference to the nonprofit organizations determined to be at greatest risk of international terrorist attack; (3) each State to establish a State Homeland Security Authority; and (4) the Secretary to provide grants to local governments to offset incremental costs associated with law enforcement in areas with a high concentration of nonprofit organizations.
Establishes within the Department of Homeland Security the Office of Community Relations and Civic Affairs to administer grant programs for nonprofit organizations and local law enforcement assistance.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4108 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4108
To amend the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) to
provide for homeland security assistance for high-risk nonprofit
organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2004
Mr. Nethercutt (for himself, Mr. Nadler, Mr. Shays, Mr. Engel, Mr.
Bachus, Mr. Berman, Mr. Clay, Mr. Davis of Illinois, Mrs. Davis of
California, Mr. Grijalva, Mr. Holden, Mr. Hoyer, Mrs. Lowey, Mr. Pence,
Ms. Schakowsky, Mr. Sherman, Mr. Weiner, Mr. Wexler, Mr. Pascrell, Mr.
Ruppersberger, Mr. Hoeffel, and Ms. Kaptur) introduced the following
bill; which was referred to the Select Committee on Homeland Security,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) to
provide for homeland security assistance for high-risk nonprofit
organizations, and for other purposes.
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``High Risk Nonprofit Security
Enhancement Act of 2004''.
SEC. 2. FINDING.
Congress finds that there is a public interest in protecting high-
risk nonprofit organizations from international terrorist attacks that
would disrupt the vital services such organizations provide to the
people of the United States and threaten the lives and well-being of
United States citizens who operate, utilize, and live or work in
proximity to such organizations.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) establish within the Department of Homeland Security a
program to protect United States citizens at or near high-risk
nonprofit organizations from international terrorist attacks
through loan guarantees and Federal contracts for security
enhancements and technical assistance;
(2) establish a program within the Department of Homeland
Security to provide grants to local governments to assist with
incremental costs associated with law enforcement in areas in
which there are a high concentration of high-risk nonprofit
organizations vulnerable to international terrorist attacks;
and
(3) establish an Office of Community Relations and Civic
Affairs within the Department of Homeland Security to focus on
security needs of high-risk nonprofit organizations with
respect to international terrorist threats.
SEC. 4. AUTHORITY TO ENTER INTO CONTRACTS AND ISSUE FEDERAL LOAN
GUARANTEES.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
by adding at the end the following:
``TITLE XVIII--PROTECTION OF CITIZENS AT HIGH-RISK NONPROFIT
ORGANIZATIONS
``SEC. 1801. DEFINITIONS.
`` In this title:
``(1) Contract.--The term `contract' means a contract
between the Federal Government and a contractor selected from
the list of certified contractors to perform security
enhancements or provide technical assistance approved by the
Secretary under this title.
``(2) Favorable repayment terms.--The term `favorable
repayment terms' means the repayment terms of loans offered to
nonprofit organizations under this title that--
``(A) are determined by the Secretary, in
consultation with the Secretary of the Treasury, to be
favorable under current market conditions;
``(B) have interest rates at least 1 full
percentage point below the market rate; and
``(C) provide for repayment over a term not less
than 25 years.
``(3) Nonprofit organization.--The term `nonprofit
organization' means an organization that--
``(A) is described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code; and
``(B) is designated by the Secretary under section
1803(a).
``(4) Security enhancements.--The term `security
enhancements'--
``(A) means the purchase and installation of
security equipment in real property (including
buildings and improvements), owned or leased by a
nonprofit organization, specifically in response to the
risk of attack at a nonprofit organization by an
international terrorist organization;
``(B) includes software security measures; and
``(C) does not include enhancements that would
otherwise have been reasonably necessary due to
nonterrorist threats.
``(5) Technical assistance.--The term `technical
assistance'--
``(A) means guidance, assessment, recommendations,
and any other provision of information or expertise
which assists nonprofit organizations in--
``(i) identifying security needs;
``(ii) purchasing and installing security
enhancements;
``(iii) training employees to use and
maintain security enhancements; or
``(iv) training employees to recognize and
respond to international terrorist threats; and
``(B) does not include technical assistance that
would otherwise have been reasonably necessary due to
nonterrorist threats.
``SEC. 1802. AUTHORITY TO ENTER INTO CONTRACTS AND ISSUE FEDERAL LOAN
GUARANTEES.
``(a) In General.--The Secretary may--
``(1) enter into contracts with certified contractors for
security enhancements and technical assistance for nonprofit
organizations; and
``(2) issue Federal loan guarantees to financial
institutions in connection with loans made by such institutions
to nonprofit organizations for security enhancements and
technical assistance.
``(b) Loans.--The Secretary may guarantee loans under this title--
``(1) only to the extent provided for in advance by
appropriations Acts; and
``(2) only to the extent such loans have favorable
repayment terms.
``SEC. 1803. ELIGIBILITY CRITERIA.
``(a) In General.--The Secretary shall designate nonprofit
organizations as high-risk nonprofit organizations eligible for
contracts or loans under this title based on the vulnerability of the
specific site of the nonprofit organization to international terrorist
attacks.
``(b) Vulnerability Determination.--In determining vulnerability to
international terrorist attacks and eligibility for security
enhancements or technical assistance under this title, the Secretary
shall consider--
``(1) threats of international terrorist organizations (as
designated by the State Department) against any group of United
States citizens who operate or are the principal beneficiaries
or users of the nonprofit organization;
``(2) prior attacks, within or outside the United States,
by international terrorist organizations against the nonprofit
organization or entities associated with or similarly situated
as the nonprofit organization;
``(3) the symbolic value of the site as a highly recognized
United States cultural or historical institution that renders
the site a possible target of international terrorism;
``(4) the role of the nonprofit organization in responding
to international terrorist attacks; and
``(5) any recommendations of the applicable State Homeland
Security Authority established under section 1806 or Federal,
State, and local law enforcement authorities.
``(c) Documentation.--In order to be eligible for security
enhancements, technical assistance or loan guarantees under this title,
the nonprofit organization shall provide the Secretary with
documentation that--
``(1) the nonprofit organization hosted a gathering of at
least 100 or more persons at least once each month at the
nonprofit organization site during the preceding 12 months; or
``(2) the nonprofit organization provides services to at
least 500 persons each year at the nonprofit organization site.
``(d) Technical Assistance Organizations.--If 2 or more nonprofit
organizations establish another nonprofit organization to provide
technical assistance, that established organization shall be eligible
to receive security enhancements and technical assistance under this
title based upon the collective risk of the nonprofit organizations it
serves.
``SEC. 1804. USE OF LOAN GUARANTEES.
``Funds borrowed from lending institutions, which are guaranteed by
the Federal Government under this title, may be used for technical
assistance and security enhancements.
``SEC. 1805. NONPROFIT ORGANIZATION APPLICATIONS.
``(a) In General.--A nonprofit organization desiring assistance
under this title shall submit a separate application for each specific
site needing security enhancements or technical assistance.
``(b) Content.--Each application shall include--
``(1) a detailed request for security enhancements and
technical assistance, from a list of approved enhancements and
assistance issued by the Secretary under this title;
``(2) a description of the intended uses of funds to be
borrowed under Federal loan guarantees; and
``(3) such other information as the Secretary shall
require.
``(c) Joint Application.--Two or more nonprofit organizations
located on contiguous sites may submit a joint application.
``SEC. 1806. REVIEW BY STATE HOMELAND SECURITY AUTHORITIES.
``(a) Establishment of State Homeland Security Authorities.--In
accordance with regulations prescribed by the Secretary, each State may
establish a State Homeland Security Authority to carry out this title.
``(b) Applications.--
``(1) Submission.--Applications shall be submitted to the
applicable State Homeland Security Authority.
``(2) Evaluation.--After consultation with Federal, State,
and local law enforcement authorities, the State Homeland
Security Authority shall evaluate all applications using the
criteria under section 1803 and transmit all qualifying
applications to the Secretary ranked by severity of risk of
international terrorist attack.
``(3) Appeal.--An applicant may appeal the finding that an
application is not a qualifying application to the Secretary
under procedures that the Secretary shall issue by regulation
not later than 90 days after the date of enactment of this
title.
``SEC. 1807. SECURITY ENHANCEMENT AND TECHNICAL ASSISTANCE CONTRACTS
AND LOAN GUARANTEES.
``(a) In General.--Upon receipt of the applications, the Secretary
shall select applications for execution of security enhancement and
technical assistance contracts, or issuance of loan guarantees, giving
preference to the nonprofit organizations determined to be at greatest
risk of international terrorist attack based on criteria under section
1803.
``(b) Security Enhancements and Technical Assistance; Followed by
Loan Guarantees.--The Secretary shall execute security enhancement and
technical assistance contracts for the highest priority applicants
until available funds are expended, after which loan guarantees shall
be made available for additional applicants determined to be at high
risk, up to the authorized amount of loan guarantees. The Secretary may
provide with respect to a single application a combination of such
contracts and loan guarantees.
``(c) Joint Applications.--Special preference shall be given to
joint applications submitted on behalf of multiple nonprofit
organizations located in contiguous settings.
``(d) Maximizing Available Funds.--Subject to subsection (b), the
Secretary shall execute security enhancement and technical assistance
contracts in such amounts as to maximize the number of high-risk
applicants nationwide receiving assistance under this title.
``(e) Applicant Notification.--Upon selecting a nonprofit
organization for assistance under this title, the Secretary shall
notify the nonprofit organization that the Federal Government is
prepared to enter into a contract with certified contractors to install
specified security enhancements or provide specified technical
assistance at the site of the nonprofit organization.
``(f) Certified Contractors.--
``(1) In general.--Upon receiving a notification under
subsection (e), the nonprofit organization shall select a
certified contractor to perform the specified security
enhancements, from a list of certified contractors issued and
maintained by the Secretary under subsection (j).
``(2) List.--The list referred to in paragraph (1) shall be
comprised of contractors selected on the basis of--
``(A) technical expertise;
``(B) performance record including quality and
timeliness of work performed;
``(C) adequacy of employee criminal background
checks; and
``(D) price competitiveness.
``(3) Other certified contractors.--The Secretary shall
include on the list of certified contractors additional
contractors selected by senior officials at State Homeland
Security Authorities and the chief executives of county and
other local jurisdictions. Such additional certified
contractors shall be selected on the basis of the criteria
under paragraph (2).
``(g) Ensuring the Availability of Contractors.--If the list of
certified contractors under this section does not include any
contractors who can begin work on the security enhancements or
technical assistance within 60 days after applicant notification, the
nonprofit organization may submit a contractor not currently on the
list to the Secretary for the Secretary's review. If the Secretary does
not include the submitted contractor on the list of certified
contractors within 60 days after the submission and does not place an
alternative contractor on the list within the same time period (who
would be available to begin the specified work within that 60-day
period), the Secretary shall immediately place the submitted contractor
on the list of certified contractors and such contractor shall remain
on such list until--
``(1) the specified work is completed; or
``(2) the Secretary can show cause why such contractor may
not retain certification, with such determinations subject to
review by the Comptroller General of the United States.
``(h) Contracts.--Upon selecting a certified contractor to provide
security enhancements and technical assistance approved by the
Secretary under this title, the nonprofit organization shall notify the
Secretary of such selection. The Secretary shall deliver a contract to
such contractor within 10 business days after such notification.
``(i) Contracts for Additional Work or Upgrades.--A nonprofit
organization, using its own funds, may enter into an additional
contract with the certified contractor, for additional or upgraded
security enhancements or technical assistance. Such additional
contracts shall be separate contracts between the nonprofit
organization and the contractor.
``(j) Expediting Assistance.--In order to expedite assistance to
nonprofit organizations, the Secretary shall--
``(1) compile a list of approved technical assistance and
security enhancement activities within 45 days after the date
of enactment of this title;
``(2) publish in the Federal Register within 60 days after
such date of enactment a request for contractors to submit
applications to be placed on the list of certified contractors
under this section;
``(3) after consultation with the Secretary of the
Treasury, publish in the Federal Register within 60 days after
such date of enactment, prescribe regulations setting forth the
conditions under which loan guarantees shall be issued under
this title, including application procedures, expeditious
review of applications, underwriting criteria, assignment of
loan guarantees, modifications, commercial validity, defaults,
and fees; and
``(4) publish in the Federal Register within 120 days after
such date of enactment (and every 30 days thereafter) a list of
certified contractors, including those selected by State
Homeland Security Authorities, county, and local officials,
with coverage of all 50 States, the District of Columbia, and
the territories.
``SEC. 1808. LOCAL LAW ENFORCEMENT ASSISTANCE GRANTS.
``(a) In General.--The Secretary may provide grants to units of
local government to offset incremental costs associated with law
enforcement in areas where there is a high concentration of nonprofit
organizations.
``(b) Use.--Grant funds received under this section may be used
only for personnel costs or for equipment needs specifically related to
such incremental costs.
``(c) Maximization of Impact.--The Secretary shall award grants in
such amounts as to maximize the impact of available funds in protecting
nonprofit organizations nationwide from international terrorist
attacks.
``SEC. 1809. OFFICE OF COMMUNITY RELATIONS AND CIVIC AFFAIRS.
``(a) In General.--There is established within the Department, the
Office of Community Relations and Civic Affairs to administer grant
programs for nonprofit organizations and local law enforcement
assistance.
``(b) Additional Responsibilities.--The Office of Community
Relations and Civic Affairs shall--
``(1) coordinate community relations efforts of the
Department;
``(2) serve as the official liaison of the Secretary to the
nonprofit, human and social services, and faith-based
communities; and
``(3) assist in coordinating the needs of those communities
with the Citizen Corps program.
``SEC. 1810. AUTHORIZATION OF APPROPRIATIONS AND LOAN GUARANTEES.
``(a) Nonprofit Organizations Program.--There are authorized to be
appropriated to the Department to carry out the nonprofit organization
program under this title, $100,000,000 for fiscal year 2005 and such
sums as may be necessary for fiscal years 2006 and 2007.
``(b) Local Law Enforcement Assistance Grants.--There are
authorized to be appropriated to the Department for local law
enforcement assistance grants under section 1808, $50,000,000 for
fiscal year 2005 and such sums as may be necessary for fiscal years
2006 and 2007.
``(c) Office of Community Relations and Civic Affairs.--There are
authorized to be appropriated to the Department for the Office of
Community Relations and Civic Affairs under section 1809, $5,000,000
for fiscal year 2005 and such sums as may be necessary for fiscal years
2006 and 2007.
``(d) Loan Guarantees.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated in each of fiscal years 2005,
2006, and 2007, such amounts as may be required under the
Federal Credit Act with respect to Federal loan guarantees
authorized by this title, which shall remain available until
expended.
``(2) Limitation.--The aggregate value of all loans for
which loan guarantees are issued under this title by the
Secretary may not exceed $250,000,000 in each of fiscal years
2005, 2006, and 2007.''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents under section 1(b) of the Homeland Security
Act of 2002 (6 U.S.C. 101(b)) is amended by adding at the end the
following:
``TITLE XVIII--PROTECTION OF CITIZENS AT HIGH-RISK NONPROFIT
ORGANIZATIONS
``Sec. 1801. Definitions.
``Sec. 1802. Authority to enter into contracts and issue Federal loan
guarantees.
``Sec. 1803. Eligibility criteria.
``Sec. 1804. Use of loan guarantees.
``Sec. 1805. Nonprofit organization applications.
``Sec. 1806. Review by State Homeland Security Authorities.
``Sec. 1807. Security enhancement and technical assistance contracts
and loan guarantees.
``Sec. 1808. Local law enforcement assistance grants.
``Sec. 1809. Office of Community Relations and Civic Affairs.
``Sec. 1810. Authorization of appropriations and loan guarantees.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H1796)
Referred to the Committee on Homeland Security (Select), and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security (Select), and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security (Select), and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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