HR-9966-119
Referred to the Subcommittee on Emergency Management and Technology.
Sponsored by Joe Neguse (D-CO)
What it does
This bill would amend the Homeland Security Act of 2002 to expand the list of allowable expenses under the Department of Homeland Security's Nonprofit Security Grant Program (NSGP). Specifically, it would add hiring of on-site security personnel, hiring of off-duty police officers, and hiring of personnel to assist with the grant application process as eligible uses of grant funds. It would cap grant-writing personnel costs at 5 percent of the total grant award.
Who benefits
Nonprofit organizations — particularly houses of worship, schools, community centers, and social service organizations — that are at elevated risk of targeted violence and currently receive or seek NSGP funding. Smaller nonprofits with limited administrative capacity would benefit from the ability to use grant funds for application assistance. Security personnel and off-duty police officers who may be hired under expanded grant eligibility. Communities served by these nonprofits who may experience improved physical security at gathering places.
Who is hurt
Nonprofits that do not qualify for NSGP grants may face a relative disadvantage if peer organizations gain security resources they cannot access. Grant-writing firms or consultants not hired under the 5-percent cap may lose business if nonprofits shift to in-house personnel funded by grants. Taxpayers broadly bear the cost of any increased grant expenditures, though the bill does not itself appropriate new funds. DHS administrative staff may face increased workload processing a broader range of eligible expense claims.
Supporters argue
Supporters argue that the NSGP was designed to protect vulnerable nonprofit communities from hate crimes and terrorism, but that the program's existing eligible-use restrictions have prevented grantees from hiring the human security resources — guards and off-duty officers — that are often the most effective deterrent. They contend that smaller nonprofits, which frequently lack dedicated grant-writing staff, are systematically disadvantaged in the application process, and that allowing up to 5 percent of grant funds for application assistance levels the playing field and ensures the program reaches the highest-risk organizations.
Opponents argue
Opponents argue that allowing grant funds to pay for personnel who apply for those same grants creates a self-reinforcing cycle that rewards organizations with the resources to hire grant writers, rather than those with the greatest security need. They contend that the 5-percent cap on application costs may be difficult to enforce and could divert limited security dollars away from physical hardening measures — such as cameras, barriers, and alarm systems — that have a more direct and measurable protective effect than administrative staffing.
Constitutional context
This bill modifies an existing federal grant program administered under the Homeland Security Act of 2002. Congress has broad authority to appropriate and condition federal funds under the Spending Clause (Art. I, §9, cl. 7) and the General Welfare Clause. No active constitutional tension is implicated by expanding eligible uses within an existing, congressionally authorized grant program.
Checks and balances
Congress expands the scope of eligible grant uses; DHS retains administrative authority to implement, review, and approve individual grant applications within the new parameters set by statute.
Historical precedent
The Nonprofit Security Grant Program was established under the Homeland Security Act of 2002 and has been amended multiple times to expand eligible uses, including prior expansions to cover physical security enhancements and training.