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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3583 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 3583

_______________________________________________________________________

                                 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:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 3583

_______________________________________________________________________

                                 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.
```