[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3583 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 3583
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2016
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To reform and improve the Federal Emergency Management Agency, the
Office of Emergency Communications, and the Office of Health Affairs of
the Department of Homeland Security, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting
Resilience and Efficiency in Preparing for Attacks and Responding to
Emergencies Act'' or the ``PREPARE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GRANTS, TRAINING, EXERCISES, AND COORDINATION
Sec. 101. Memoranda of understanding.
Sec. 102. Period of performance.
Sec. 103. Operation Stonegarden.
Sec. 104. Grants metrics.
Sec. 105. Grant management best practices.
Sec. 106. Administration and coordination of grants.
Sec. 107. Funding prohibition.
Sec. 108. Law enforcement terrorism prevention.
Sec. 109. Allowable uses.
Sec. 110. Maintenance of grant investments.
Sec. 111. National Domestic Preparedness Consortium.
Sec. 112. Rural Domestic Preparedness Consortium.
Sec. 113. Emergency support functions.
Sec. 114. Review of National Incident Management System.
Sec. 115. Approval of certain equipment.
Sec. 116. Remedial action management program.
TITLE II--COMMUNICATIONS
Sec. 201. Office of Emergency Communications.
Sec. 202. Responsibilities of Office of Emergency Communications
Director.
Sec. 203. Annual reporting on activities of the Office of Emergency
Communications.
Sec. 204. National Emergency Communications Plan.
Sec. 205. Technical edits.
Sec. 206. Public Safety Broadband Network.
Sec. 207. Statewide interoperability coordinators.
Sec. 208. Communications training.
TITLE III--MEDICAL PREPAREDNESS
Sec. 301. Pre-event anthrax vaccination program for emergency response
providers.
Sec. 302. Chief Medical Officer.
Sec. 303. Medical Countermeasures Program.
TITLE IV--MANAGEMENT
Sec. 401. Mission support.
Sec. 402. Systems modernization.
Sec. 403. Strategic human capital plan.
Sec. 404. Activities related to children.
TITLE V--FLOOD INSURANCE CLAIMS PROCESS REFORMS
Sec. 501. Claims adjustment and engineering reports.
Sec. 502. Judicial review.
TITLE I--GRANTS, TRAINING, EXERCISES, AND COORDINATION
SEC. 101. MEMORANDA OF UNDERSTANDING.
(a) In General.--Subtitle B of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 611 et seq.) is amended by adding at the end the
following new section:
``SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL COMPONENTS
AND OFFICES.
``The Administrator shall enter into memoranda of understanding
with the heads of the following departmental components and offices
delineating the roles and responsibilities of such components and
offices regarding the policy and guidance for grants under section 1406
of the Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135), sections 2003 and 2004 of this Act, and section 70107
of title 46, United States Code, as appropriate:
``(1) The Commissioner of U.S. Customs and Border
Protection.
``(2) The Administrator of the Transportation Security
Administration.
``(3) The Commandant of the Coast Guard.
``(4) The Under Secretary for Intelligence and Analysis.
``(5) The Director of the Office of Emergency
Communications.
``(6) The Assistant Secretary for State and Local Law
Enforcement.
``(7) The Countering Violent Extremism Coordinator.
``(8) The Officer for Civil Rights and Civil Liberties.
``(9) The heads of other components or offices of the
Department, as determined by the Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2023 the following new item:
``Sec. 2024. Memoranda of understanding with departmental components
and offices.''.
SEC. 102. PERIOD OF PERFORMANCE.
(a) Urban Area Security Initiative.--Section 2003 of the Homeland
Security Act of 2002 (6 U.S.C. 604) is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d) the following new
subsection:
``(e) 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.''.
(b) State Homeland Security Grant Program.--Section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605) is amended by--
(1) redesignating subsection (f) as subsection (g); and
(2) inserting after subsection (e) the following the new
subsection:
``(f) 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.''.
(c) Public Transportation Security Assistance Grant Program.--
Section 1406 of the Implementing Recommendations of the 9/11 Commission
Act (6 U.S.C. 1135; Public Law 110-53) is amended by--
(1) redesignating subsection (m) as subsection (n); and
(2) inserting after subsection (l) the following new
subsection:
``(m) Period of Performance.--The Secretary 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.''.
(d) Port Security Grant Program.--Section 70107 of title 46, United
States Code, is amended by adding at the end the following new
subsection:
``(n) Period of Performance.--The Secretary 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) Tribal Security Grant Program.--Section 2005 of the Homeland
Security Act of 2002 (6 U.S.C. 606) is amended by--
(1) redesignating subsections (h) through (k) subsections
(i) through (l), respectively; and
(2) inserting after subsection (g) the following new
subsection:
``(h) Period of Performance.--The Secretary 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.''.
SEC. 103. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden'. Under such program, the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State Administrative
Agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering either Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) be involved in an active, ongoing U.S. Customs and
Border Protection operation coordinated through a sector
office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for any of the following:
``(1) Equipment, including maintenance and sustainment
costs.
``(2) Personnel, including overtime and backfill, in
support of enhanced border law enforcement activities.
``(3) Any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 2015
Homeland Security Grant Program Notice of Funding Opportunity.
``(4) Any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $55,000,000 for each of fiscal years 2016 through 2020 for
grants under this section.
``(e) Report.--The Administrator shall annually for each of fiscal
years 2016 through 2020 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 of grants made under this section by each grant
recipient.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, and 2009 to State, local,
and tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following new item:
``Sec. 2009. Operation Stonegarden.''.
SEC. 104. GRANTS METRICS.
(a) In General.--To determine the extent to which grants under
sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C.
603 and 604) have closed capability gaps identified in State
Preparedness Reports required under subsection (c) of section 652 of
the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752;
title VI of the Department of Homeland Security Appropriations Act,
2007; Public Law 109-295) and Threat and Hazard Identification and Risk
Assessments from each State and high-risk urban area, the Administrator
of the Federal Emergency Management Agency shall conduct and submit to
the Committee on Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate an assessment
of information provided in such Reports and Assessments.
(b) Assessment Requirements.--The assessment required under
subsection (a) shall include a comparison of successive State
Preparedness Reports and Threat and Hazard Identification and Risk
Assessments from each State and high-risk urban area.
SEC. 105. GRANT MANAGEMENT BEST PRACTICES.
The Administrator of the Federal Emergency Management Agency shall
include in the annual Notice of Funding Opportunity relating to grants
under sections 2003 and 2004 of the Homeland Security Act of 2002 (6
U.S.C. 604 and 605) an appendix that includes a summary of findings
identified by the Office of the Inspector General of the Department of
Homeland Security in audits of such grants and methods to address areas
identified for improvement and innovative practices instituted by grant
recipients.
SEC. 106. ADMINISTRATION AND COORDINATION OF GRANTS.
(a) In General.--Paragraphs (1) and (2) of subsection (b) of
section 2021 of the Homeland Security Act of 2002 (6 U.S.C. 611) are
amended to read as follows:
``(1) In general.--Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall establish a
State planning committee or urban area working group to assist
in preparation and revision of the State, regional, or local
homeland security plan or the threat and hazard identification
and risk assessment, as the case may be, and to assist in
determining effective funding priorities for grants under such
sections 2003 and 2004.
``(2) Composition.--The State planning committees and urban
area working groups referred to in paragraph (1) shall include
at least one representative from each of the following
significant stakeholders:
``(A) Local or tribal government officials.
``(B) Emergency response providers, including
representatives of the fire service, law enforcement,
emergency medical services, and emergency managers.
``(C) Public health officials and other appropriate
medical practitioners.
``(D) Individuals representing educational
institutions, including elementary schools, community
colleges, and other institutions of higher education.
``(E) State and regional interoperable
communications coordinators, as appropriate.
``(F) State and major urban area fusion centers, as
appropriate.''.
(b) Conforming Amendment.--Paragraph (3) of section 2021(b) (6
U.S.C. 611) is amended by inserting ``or urban area working group, as
the case may be,'' after ``planning committee''.
SEC. 107. FUNDING PROHIBITION.
The Secretary of Homeland Security may not implement the National
Preparedness Grant Program or any successor grant program unless the
Secretary receives prior authorization from Congress permitting such
implementation.
SEC. 108. LAW ENFORCEMENT TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--Subsection (a)
of section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in paragraph (1)--
(A) by inserting ``States and high-risk urban areas
use'' after ``that''; and
(B) by striking ``is used''; and
(2) in paragraph (2), by amending subparagraph (I) to read
as follows:
``(I) activities as determined appropriate by the
Administrator, in coordination with the Assistant
Secretary for State and Local Law Enforcement within
the Office of Policy of the Department, through
outreach to relevant stakeholder organizations.''.
(b) Office for State and Local Law Enforcement.--Subsection (b)(4)
of section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in subparagraph (B), by inserting ``, including through
consultation with such agencies regarding Department programs
that may impact such agencies'' before the semicolon; and
(2) in subparagraph (D), by striking ``ensure'' and
inserting ``certify''.
SEC. 109. ALLOWABLE USES.
Subsection (a) of section 2008 of the Homeland Security Act of 2002
(6 U.S.C. 609) is amended--
(1) in the matter preceding paragraph (1), by inserting
``including by working in conjunction with a National
Laboratory (as defined in section 2(3) of the Energy Policy Act
of 2005 (42 U.S.C. 15801(3))),'' after ``plans,'';
(2) by redesignating paragraphs (6) through (13) as
paragraphs (7) through (14), respectively;
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) enhancing medical preparedness, medical surge
capacity, and mass prophylaxis capabilities, including the
development and maintenance of an initial pharmaceutical
stockpile, including medical kits and diagnostics sufficient to
protect first responders, their families, immediate victims,
and vulnerable populations from a chemical or biological
event;''; and
(4) in subsection (b)(3)(B), by striking ``(a)(10)'' and
inserting ``(a)(11)''.
SEC. 110. MAINTENANCE OF GRANT INVESTMENTS.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended by adding at the end the following new subsection:
``(g) Maintenance of Equipment.--Any applicant for a grant under
section 2003 or 2004 seeking to use funds to purchase equipment,
including pursuant to paragraphs (3), (4), (5), or (9) of subsection
(a) of this section, shall by the time of the receipt of such grant
develop a plan for the maintenance of such equipment over its life-
cycle that includes information identifying which entity is responsible
for such maintenance.''.
SEC. 111. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Section 1204 of the Implementing Recommendations of the 9/11
Commission Act (6 U.S.C. 1102) is amended--
(1) in subsection (d), by amending paragraphs (1) and (2)
to read as follows:
``(1) for the Center for Domestic Preparedness, $65,000,000
for each of fiscal years 2016 and 2017; and
``(2) for the remaining Members of the National Domestic
Preparedness Consortium, $98,000,000 for each of fiscal years
2016 and 2017.''; and
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``2007'' and inserting ``2015''.
SEC. 112. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary of Homeland Security is authorized
to establish a Rural Domestic Preparedness Consortium within the
Department of Homeland Security consisting of universities and
nonprofit organizations qualified to provide training to emergency
response providers from rural communities.
(b) Duties.--The Rural Domestic Preparedness Consortium authorized
under subsection (a) shall identify, develop, test, and deliver
training to State, local, and tribal emergency response providers from
rural communities, provide on-site and mobile training, and facilitate
the delivery of training by the training partners of the Department of
Homeland Security.
(c) Authorization of Appropriations.--Of amounts appropriated for
Continuing Training Grants of the Department of Homeland Security,
$5,000,000 is authorized to be used for the Rural Domestic Preparedness
Consortium authorized under subsection (a).
SEC. 113. EMERGENCY SUPPORT FUNCTIONS.
(a) Update.--Paragraph (13) of section 504(a) of the Homeland
Security Act of 2002 (6 U.S.C. 314(a)) is amended by inserting ``,
periodically updating (but not less often than once every five
years),'' after ``administering''.
(b) Emergency Support Functions.--Section 653 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 753; title VI of the
Department of Homeland Security Appropriations Act, 2007; Public Law
109-295) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Coordination.--The President, acting through the
Administrator, shall develop and provide to Federal departments and
agencies with coordinating, primary, or supporting responsibilities
under the National Response Framework performance metrics to ensure
readiness to execute responsibilities under the emergency support
functions of such Framework.''.
SEC. 114. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.
Paragraph (2) of section 509(b) of the Homeland Security Act of
2002 (6 U.S.C. 319(b)) is amended, in the matter preceding subparagraph
(A), by inserting ``, but not less often than once every five years,''
after ``periodically''.
SEC. 115. APPROVAL OF CERTAIN EQUIPMENT.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended by adding at the end the following:
``(g) Review Process.--The Administrator shall develop and
implement a uniform process for reviewing applications to use grants
provided under section 2003 or 2004 to purchase equipment or systems
not included on the Authorized Equipment List maintained by the
Administrator.''.
SEC. 116. REMEDIAL ACTION MANAGEMENT PROGRAM.
Section 650 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 750; title VI of the Department of Homeland Security
Appropriations Act, 2007; Public Law 109-295) is amended to read as
follows:
``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
``(a) In General.--The Administrator, in coordination with the
National Council on Disability and the National Advisory Council, shall
establish a remedial action management program to--
``(1) analyze training, exercises, and real world events to
identify lessons learned, corrective actions, and best
practices;
``(2) generate and disseminate, as appropriate, the lessons
learned, corrective actions, and best practices referred to in
paragraph (1); and
``(3) conduct remedial action tracking and long term trend
analysis.
``(b) Federal Corrective Actions.--The Administrator, in
coordination with the heads of appropriate Federal departments and
agencies, shall utilize the program established in subsection (a) to
collect information on corrective actions identified by such Federal
departments and agencies during exercises and the response to natural
disasters, acts of terrorism, and other man-made disasters, and shall,
not later than one year after the date of the enactment of this section
and annually thereafter for each of the next four years, submit to
Congress a report on the status of such corrective actions.
``(c) Dissemination of After Action Reports.--The Administrator
shall provide electronically, to the maximum extent practicable, to
Congress and Federal, State, local, tribal, and private sector
officials after-action reports and information on lessons learned and
best practices from responses to acts of terrorism, natural disasters,
capstone exercises conducted under the national exercise program under
section 648(b), and other emergencies or exercises.''.
TITLE II--COMMUNICATIONS
SEC. 201. OFFICE OF EMERGENCY COMMUNICATIONS.
The Secretary of Homeland Security may not change the location or
reporting structure of the Office of Emergency Communications of the
Department of Homeland Security unless the Secretary receives prior
authorization from the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate permitting such change.
SEC. 202. RESPONSIBILITIES OF OFFICE OF EMERGENCY COMMUNICATIONS
DIRECTOR.
Subsection (c) of section 1801 of the Homeland Security Act of 2002
(6 U.S.C. 571) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (15) as
paragraphs (3) through (14), respectively;
(3) in paragraph (8), as so redesignated, by striking ``,
in cooperation with the National Communications System,'';
(4) in paragraph (9), as so redesignated, by striking ``the
Homeland Security Council,'';
(5) in paragraph (12) by striking ``Assistant Secretary for
Grants and Training'' and inserting ``Assistant Administrator
of the Grant Programs Directorate of the Federal Emergency
Management Agency'';
(6) in paragraph (13), as so redesignated, by striking
``and'' at the end; and
(7) by adding after paragraph (14), as so redesignated, the
following new paragraphs:
``(15) administer the Government Emergency
Telecommunications Service (GETS) and Wireless Priority Service
(WPS) programs, or successor programs; and
``(16) assess the impact of emerging technologies on
interoperable emergency communications.''.
SEC. 203. ANNUAL REPORTING ON ACTIVITIES OF THE OFFICE OF EMERGENCY
COMMUNICATIONS.
Subsection (f) of section 1801 of the Homeland Security Act of 2002
(6 U.S.C. 571) is amended to read as follows:
``(f) Annual Reporting of Office Activities.--The Director of the
Office of Emergency Communications shall, not later than one year after
the date of the enactment of this subsection and annually thereafter
for each of the next four years, report to the Committee on Homeland
Security and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on the activities and programs of the Office,
including specific information on efforts to carry out paragraphs (4),
(5), and (6) of subsection (c).''.
SEC. 204. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
Section 1802 of the Homeland Security Act of 2002 (6 U.S.C. 572) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``, and in cooperation with the
Department of National Communications System (as
appropriate),''; and
(B) by inserting ``, but not less than once every
five years,'' after ``periodically''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) consider the impact of emerging technologies on the
attainment of interoperable emergency communications;''.
SEC. 205. TECHNICAL EDITS.
Title XVIII of the Homeland Security Act of 2002 is amended--
(1) in subsection (d) of section 1801 (6 U.S.C. 571) by--
(A) striking paragraph (2); and
(B) redesignating paragraph (3) as paragraph (2);
and
(2) in paragraph (1) of section 1804(b) (6 U.S.C. 574(b)),
in the matter preceding subparagraph (A), by striking
``Assistant Secretary for Grants and Planning'' and inserting
``Assistant Administrator of the Grant Programs Directorate of
the Federal Emergency Management Agency''.
SEC. 206. PUBLIC SAFETY BROADBAND NETWORK.
The Undersecretary of the National Protection and Programs
Directorate of the Department of Homeland Security shall submit to the
Committee on Homeland Security and the Committee on Energy and Commerce
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate information on the Department of
Homeland Security's responsibilities related to the development of the
nationwide Public Safety Broadband Network authorized in section 6202
of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1422; Public Law 112-96), including information on efforts by the
Department to work with the First Responder Network Authority of the
Department of Commerce to identify and address cyber risks that could
impact the near term or long term availability and operations of such
network and recommendations to mitigate such risks.
SEC. 207. STATEWIDE INTEROPERABILITY COORDINATORS.
(a) In General.--Paragraph (2) of section 2004(b) of the Homeland
Security Act of 2002 (6 U.S.C. 605(b)) is amended by--
(1) redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) inserting after subparagraph (A) the following new
subparagraph:
``(B)(i) certification that the Governor of the
State has designated a Statewide Interoperability
Coordinator, including identification in such
certification of the individual so designated, who
shall be responsible for--
``(I) coordinating the daily operations of
the State's interoperability efforts;
``(II) coordinating State interoperability
and communications projects and grant
applications for such projects;
``(III) establishing and maintaining
working groups to develop and implement key
interoperability initiatives; and
``(IV) coordinating and updating, as
necessary, a Statewide Communications
Interoperability Plan that specifies the
current status of State efforts to enhance
communications interoperability within the
State, including progress, modifications, or
setbacks, and future goals for communications
interoperability among emergency response
agencies in the State; or
``(ii) if a Statewide Interoperability Coordinator
has not been designated in accordance with clause (i)--
``(I) certification that the State is
performing in another manner the functions
described in subclauses (I) through (IV) of
such clause; and
``(II) identification in such certification
of an individual who has been designated by the
State as the primary point of contact for
performance of such functions;''.
(b) Limitation on Application.--The amendment made by subsection
(a) shall not apply with respect to any grant for which an application
was submitted under the State Homeland Security Grant Program under
section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605) before
the date of the enactment of this section.
SEC. 208. COMMUNICATIONS TRAINING.
The Under Secretary for Management of the Department of Homeland
Security, in coordination with the appropriate component heads, shall
develop a mechanism, consistent with the strategy required pursuant to
the Department of Homeland Security Interoperable Communications Act
(Public Law 114-29), to verify that radio users within the Department
receive initial and ongoing training on the use of the radio systems of
such components, including interagency radio use protocols.
TITLE III--MEDICAL PREPAREDNESS
SEC. 301. PRE-EVENT ANTHRAX VACCINATION PROGRAM FOR EMERGENCY RESPONSE
PROVIDERS.
(a) Anthrax Preparedness.--
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following new section:
``SEC. 526. ANTHRAX PREPAREDNESS.
``(a) Pre-Event Anthrax Vaccination Program for Emergency Response
Providers.--For the purpose of domestic preparedness for and collective
response to terrorism, the Secretary, in coordination with the
Secretary of Health and Human Services, shall establish a program to
provide anthrax vaccines from the strategic national stockpile under
section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-
6b(a)) that will be nearing the end of their labeled dates of use at
the time such vaccines are to be administered to emergency response
providers who are at high risk of exposure to anthrax and who
voluntarily consent to such administration, and shall--
``(1) establish any necessary logistical and tracking
systems to facilitate making such vaccines so available;
``(2) distribute disclosures regarding associated benefits
and risks to end users; and
``(3) conduct outreach to educate emergency response
providers about the voluntary program.
``(b) Threat Assessment.--The Secretary shall--
``(1) support homeland security-focused risk analysis and
risk assessments of the threats posed by anthrax from an act of
terror;
``(2) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance prevention,
protection, response, and recovery efforts with respect to an
anthrax terror attack; and
``(3) share information and provide tailored analytical
support on threats posed by anthrax to State, local, and tribal
authorities, as well as other national biosecurity and
biodefense stakeholders.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting at the end of the items relating to title V the
following new item:
``Sec. 526. Anthrax preparedness.''.
(b) Pilot Program.--
(1) In general.--In carrying out the pre-event vaccination
program authorized in subsection (a) of section 526 of the
Homeland Security Act of 2002, as added by subsection (a) of
this section, the Secretary of Homeland Security, in
coordination with the Secretary of Health and Human Services,
shall carry out a pilot program to provide anthrax vaccines to
emergency response providers as so authorized. The duration of
the pilot program shall be 24 months from the date the initial
vaccines are administered to participants.
(2) Preliminary requirements.--Prior to implementing the
pilot program under paragraph (1), the Secretary of Homeland
Security shall--
(A) establish a communication platform for such
pilot program;
(B) establish education and training modules for
such pilot program;
(C) conduct economic analysis of such pilot
program; and
(D) create a logistical platform for the anthrax
vaccine request process under such pilot program.
(3) Location.--In carrying out the pilot program under
paragraph (1), the Secretary of Homeland Security shall select
emergency response providers based in at least two States for
participation in such pilot program.
(4) Distribution of information.--The Secretary of Homeland
Security shall provide to each emergency response provider who
participates in the pilot program under paragraph (1)
disclosures and educational materials regarding the associated
benefits and risks of any vaccine provided under such pilot
program and of exposure to anthrax.
(5) Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter until one year
after the completion of the pilot program under paragraph (1),
the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report on the progress and results of such pilot program,
including the percentage of eligible emergency response
providers, as determined by each pilot location, that volunteer
to participate, the degree to which participants obtain
necessary vaccinations, as appropriate, and recommendations to
improve initial and recurrent participation in such pilot
program. Each such report shall include a discussion of plans
to continue such pilot program to provide vaccines to emergency
response providers under subsection (a) of section 526 of the
Homeland Security Act of 2002, as added by subsection (a) of
this section.
(6) Deadline for implementation.--The Secretary of Homeland
Security shall begin implementing the pilot program under
paragraph (1) by not later than the date that is one year after
the date of the enactment of this Act.
SEC. 302. CHIEF MEDICAL OFFICER.
(a) In General.--Subsection (c) of section 516 of the Homeland
Security Act of 2002 (6 U.S.C. 321e) is amended--
(1) in the matter preceding paragraph (1), by inserting
``and shall establish medical and human, animal, and
occupational health exposure policy, guidance, strategies, and
initiatives,'' before ``including--'';
(2) in paragraph (1), by inserting before the semicolon at
the end the following: ``, including advice on how to prepare
for, protect against, respond to, recover from, and mitigate
against the medical effects of terrorist attacks or other high
consequence events utilizing chemical, biological,
radiological, or nuclear agents or explosives'';
(3) in paragraph (2), by inserting before the semicolon at
the end the following: ``, including coordinating the
Department's policy, strategy and preparedness for pandemics
and emerging infectious diseases'';
(4) in paragraph (5), by inserting ``emergency medical
services and medical first responder stakeholders,'' after
``the medical community'';
(5) in paragraph (6), by striking ``and'' at the end; and
(6) by adding after paragraph (7) the following new
paragraphs:
``(8) ensuring that the workforce of the Department has
evidence-based policy, standards, requirements, and metrics for
occupational health and operational medicine programs;
``(9) directing and maintaining a coordinated system for
medical support for the Department's operational activities;
``(10) providing oversight of the Department's medical
programs and providers, including--
``(A) reviewing and maintaining verification of the
accreditation of the Department's health provider
workforce;
``(B) developing quality assurance and clinical
policy, requirements, standards, and metrics for all
medical and health activities of the Department;
``(C) providing oversight of medical records
systems for employees and individuals in the
Department's care and custody; and
``(D) providing medical direction for emergency
medical services activities of the Department; and
``(11) as established under section 527, maintaining a
medical countermeasures stockpile and dispensing system, as
necessary, to facilitate personnel readiness, and protection
for working animals, employees, and individuals in the
Department's care and custody in the event of a chemical,
biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic.''.
(b) Medical Liaisons.--The Chief Medical Officer of the Department
of Homeland Security may provide medical liaisons to the components of
the Department to provide subject matter expertise on medical and
public health issues and a direct link to the Chief Medical Officer.
Such expertise may include the following:
(1) Providing guidance on health and medical aspects of
policy, planning, operations, and workforce health protection.
(2) Identifying and resolving component medical issues.
(3) Supporting the development and alignment of medical and
health systems.
(4) Identifying common gaps in medical and health
standards, policy, and guidance, and enterprise solutions to
bridge such gaps.
SEC. 303. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by section 301 of this Act, is further
amended by adding at the end the following new section:
``SEC. 527. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for working animals, employees, and individuals in the
Department's care and custody, in the event of a chemical, biological,
radiological, nuclear, or explosives attack, naturally occurring
disease outbreak, or pandemic, and to support Department mission
continuity.
``(b) Oversight.--The Chief Medical Officer, established under
section 516, shall provide programmatic oversight of the medical
countermeasures program established pursuant to subsection (a), and
shall--
``(1) develop Department-wide standards for medical
countermeasure storage, security, dispensing, and
documentation;
``(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
``(3) preposition appropriate medical countermeasures in
strategic locations nationwide, based on threat and employee
density, in accordance with applicable Federal statutes and
regulations;
``(4) provide oversight and guidance on dispensing of
stockpiled medical countermeasures;
``(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic;
``(6) provide training to Department employees on medical
countermeasure dispensing; and
``(7) support dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Chief Medical
Officer shall establish a medical countermeasures working group
comprised of representatives from appropriate components and offices of
the Department to ensure that medical countermeasures standards are
maintained and guidance is consistent.
``(d) Medical Countermeasures Management.--Not later than 180 days
after the date of the enactment of this section, the Chief Medical
Officer shall develop and submit to the Secretary an integrated
logistics support plan for medical countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
``(e) Stockpile Elements.--In determining the types and quantities
of medical countermeasures to stockpile under subsection (d), the Chief
Medical Officer shall utilize, if available--
``(1) Department chemical, biological, radiological, and
nuclear risk assessments; and
``(2) Centers for Disease Control and Prevention guidance
on medical countermeasures.
``(f) Report.--No later than 180 days after the date of the
enactment of this section, the Chief Medical Officer shall report to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate on progress in achieving the requirements of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 301 of this
Act, is further amended by inserting at the end of the items relating
to title V the following new item:
``Sec. 527. Medical countermeasures.''.
TITLE IV--MANAGEMENT
SEC. 401. MISSION SUPPORT.
(a) Establishment.--The Administrator of the Federal Emergency
Management Agency shall designate an individual to serve as the chief
management official and principal advisor to the Administrator on
matters related to the management of the Federal Emergency Management
Agency, including management integration in support of emergency
management operations and programs.
(b) Mission and Responsibilities.--The Administrator of the Federal
Emergency Management Agency, acting through the official designated
pursuant to subsection (a), shall be responsible for the management and
administration of the Federal Emergency Management Agency, including
with respect to the following:
(1) Procurement.
(2) Human resources and personnel.
(3) Information technology and communications systems.
(4) Real property investment and planning, facilities,
accountable personal property (including fleet and other
material resources), records and disclosure, privacy, safety
and health, and sustainability and environmental management.
(5) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
(6) Any other management duties that the Administrator may
designate.
(c) Mount Weather Emergency Operations and Associated Facilities.--
Nothing in this section shall be construed as limiting or otherwise
affecting the role or responsibility of the Assistant Administrator for
National Continuity with respect to the matters described in subsection
(b) as they relate to the Mount Weather Emergency Operations Center and
associated facilities. The management and administration of the Mount
Weather Emergency Operations Center and associated facilities remains
the responsibility of the Assistant Administrator for National
Continuity.
(d) Report.--Not later than 270 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
and the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that includes--
(1) a review of financial, human capital, information
technology, real property planning, and acquisition management
of headquarters and all regional offices of the Federal
Emergency Management Agency; and
(2) a strategy for capturing financial, human capital,
information technology, real property planning, and acquisition
data.
SEC. 402. SYSTEMS MODERNIZATION.
Not later than 120 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 and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the Federal Emergency Management Agency's efforts to
modernize its grants and financial information technology systems,
including the following:
(1) A summary of all previous efforts to modernize such
systems.
(2) An assessment of long term cost savings and
efficiencies gained through such modernization effort.
(3) A capability needs assessment.
(4) Estimated quarterly costs.
(5) Estimated acquisition life cycle dates, including
acquisition decision events.
SEC. 403. STRATEGIC HUMAN CAPITAL PLAN.
Subsection (c) of section 10107 of title 5, United States Code, is
amended by striking ``2007'' and inserting ``2016''.
SEC. 404. ACTIVITIES RELATED TO CHILDREN.
Paragraph (2) of section 503(b) of the Homeland Security Act of
2002 (6 U.S.C. 313(b)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) integrate the needs of children into the
Agency's activities to prepare for, protect against,
respond to, recover from, and mitigate against natural
disasters, acts of terrorism, and other man-made
disasters, including by appointing a technical expert
to coordinate such activities, as necessary.''.
TITLE V--FLOOD INSURANCE CLAIMS PROCESS REFORMS
SEC. 501. CLAIMS ADJUSTMENT AND ENGINEERING REPORTS.
Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C.
4019) is amended by adding at the end the following new subsections:
``(d) Final Engineering Reports.--The Administrator shall require
that, in the case of any on-site inspection of a property by an
engineer for the purpose of assessing any claim for losses covered by a
policy for flood insurance coverage provided under this title, the
final engineering report shall be provided to the insured under the
policy, as follows:
``(1) Timing.--The final engineering report may not be
transmitted to any other person, employer, agency, or entity,
before it is transmitted to the insured.
``(2) Prohibition on alterations; certification.--The final
engineering report may not include alterations by, or at the
request of, anyone other than the responsible in charge for
such report and shall include a certification, signed by the
responsible in charge for the report, that it does not contain
any such alterations.
``(3) Transmittal.--The final engineering report shall be
transmitted to the insured in a manner as the Administrator
shall provide that provides reasonable assurance that it was
transmitted directly to the insured by the responsible in
charge.
``(4) Reports covered.--For purposes of this subsection,
the term `final engineering report' means an engineering
report, survey, or other document in connection with such claim
that--
``(A) is based on such on-site inspection;
``(B) contains final conclusions with respect to an
engineering issue or issues involved in such claim; and
``(C) is signed by the responsible in charge or
affixed with the seal of such responsible in charge, or
both.
``(e) Claims Adjustment Reports.--The Administrator shall require
that, in the case of any on-site inspection of a property by a claims
adjustor for the purpose of assessing any claim for losses covered by a
policy for flood insurance coverage provided under this title, any
report shall be provided to the insured under the policy, as follows:
``(1) Timing.--Such report may not be transmitted to any
other person, employer, agency, or entity, before it is
transmitted to the insured.
``(2) Prohibition on alterations; certification.--The
report may not include alterations by, or at the request of,
anyone other than such preparer and shall include a
certification, signed by the preparer of the report, that it
does not contain any such alterations.
``(3) Transmittal.--The report shall be transmitted to the
insured in a manner as the Administrator shall provide that
provides reasonable assurance that it was transmitted directly
to the insured by the preparer.
``(4) Reports covered.--For purposes of this subsection,
the term `report' means any report or document in connection
with such claim that is based on such on-site inspection by the
claims adjustor, including any adjustment report and field
report. Such term also includes any draft, preliminary version,
or copy of any such report and any amendments or additions to
any such report. Such term does not include any engineering
report, as such term is defined for purposes of subsection
(d).''.
SEC. 502. JUDICIAL REVIEW.
(a) Government Program With Industry Assistance.--Section 1341 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4072) is amended by
striking ``within one year after the date of mailing of notice of
disallowance or partial disallowance by the Administrator'' and
inserting the following: ``not later than the expiration of the 2-year
period beginning upon the date of the occurrence of the losses involved
in such claim or, in the case of a denial of a claim for losses that is
appealed to the Administrator, not later than (1) the expiration of the
90-day period beginning upon the date of a final determination upon
appeal denying such claim in whole or in part, or (2) the expiration of
such 2-year period, whichever is later''.
(b) Industry Program With Federal Financial Assistance.--Section
1333 of the National Flood Insurance Act of 1968 (42 U.S.C. 4053) is
amended by striking ``within one year after the date of mailing of
notice of disallowance or partial disallowance of the claim'' and
inserting the following: ``not later than the expiration of the 2-year
period beginning upon the date of the occurrence of the losses involved
in such claim or, in the case of a denial of a claim for losses that is
appealed to the Administrator, not later than (1) the expiration of the
90-day period beginning upon the date of a final determination upon
appeal denying such claim in whole or in part, or (2) the expiration of
such 2-year period, whichever is later''.
Passed the House of Representatives April 26, 2016.
Attest:
KAREN L. HAAS,
Clerk.