PREPARE 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. 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 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. Department of Homeland Security social media improvement. Sec. 208. Statewide interoperability coordinators. Sec. 209. 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. I Grants, Training, Exercises, and Coordination 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. 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 (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. . 102. Period of performance (a) Urban Area Security initiative Section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 (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 (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 (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 (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. . 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. 2009. Operation Stonegarden (a) Establishment There is established in the Department a program to be known as Operation Stonegarden (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 $110,000,000 for each of fiscal years 2016 through 2020 for grants under this section. (e) Report The Administrator shall annually 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 (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. . 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 Public Law 109–295 (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. 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. 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 (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 or urban area working group, as the case may be, create a planning committee 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. 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 (1) in paragraph (1)— (A) by inserting States and high-risk urban areas use that (B) by striking is used (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 (1) in subparagraph (B), by inserting , including through consultation with such agencies regarding Department programs that may impact such agencies (2) in subparagraph (D), by striking ensure certify 109. Allowable uses Subsection (a) of section 2008 of the Homeland Security Act of 2002 ( 6 U.S.C. 609 (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) 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) (a)(11) 110. Maintenance of grant investments Section 2008 of the Homeland Security Act of 2002 ( 6 U.S.C. 609 (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. . 111. National Domestic Preparedness Consortium Section 1204 of the Implementing Recommendations of the 9/11 Commission Act ( 6 U.S.C. 1102 (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 2015 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). 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) , periodically updating (but not less often than once every five years), administering (b) Emergency support functions Section 653 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 753 Public Law 109–295 (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. . 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) , but not less often than once every five years, periodically 115. Approval of certain equipment Section 2008 of the Homeland Security Act of 2002 ( 6 U.S.C. 609 (h) 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. . 116. Remedial action management program Section 650 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 750 Public Law 109–295 650. 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. . II Communications 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. 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 (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 (11), as so redesignated, by striking Assistant Secretary for Grants and Training Assistant Administrator of the Grant Programs Directorate of the Federal Emergency Management Agency (6) in paragraph (13), as so redesignated, by striking and (7) in paragraph (14), as so redesignated, by striking the period at the end and inserting a semicolon; and (8) 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. . 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 (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 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). . 204. National Emergency Communications Plan Section 1802 of the Homeland Security Act of 2002 ( 6 U.S.C. 572 (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), (B) by inserting , but not less than once every five years, periodically (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; . 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 (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) Assistant Secretary for Grants and Planning Assistant Administrator of the Grant Programs Directorate of the Federal Emergency Management Agency 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 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 112–96 207. Department of Homeland Security social media improvement (a) In general Title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. 318. Social media working group (a) Establishment The Secretary shall establish within the Department a social media working group (in this section referred to as the Group (b) Purpose In order to enhance the dissemination of information through social media technologies between the Department and appropriate stakeholders and to improve use of social media technologies in support of preparedness, response, and recovery, the Group shall identify, and provide guidance and best practices to the emergency preparedness and response community on the use of social media technologies before, during, and after acts of terrorism, natural disasters, and other emergencies. (c) Membership (1) In general Membership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, territorial, and nongovernmental organization practitioners, including representatives from the following entities: (A) The Office of Public Affairs of the Department. (B) The Office of the Chief Information Officer of the Department. (C) The Privacy Office of the Department. (D) The Federal Emergency Management Agency. (E) The Office of Disability Integration and Coordination of the Federal Emergency Management Agency. (F) The American Red Cross. (G) The United States Forest Service. (H) The Centers for Disease Control and Prevention. (I) The United States Geological Survey. (J) The National Oceanic and Atmospheric Administration. (2) Chairperson, co-chairperson (A) Chairperson The Secretary shall serve as the chairperson of the Group. (B) Co-Chairperson The chairperson shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as the co-chairperson of the Group. (3) Additional members The chairperson shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall— (A) be equal to or greater than the total number of regular members under paragraph (1); and (B) include— (i) not fewer than three representatives from the private sector; and (ii) representatives from— (I) State, local, tribal, and territorial entities, including from— (aa) law enforcement; (bb) fire services; (cc) emergency medical services; (dd) emergency management; and (ee) public health entities; (II) universities and academia; and (III) nonprofit disaster relief organizations. (4) Term limits The chairperson shall establish term limits for individuals appointed to the Group under paragraph (3). (d) Consultation With Non-Members To the extent practicable, the Group shall work with entities in the public and private sectors to carry out subsection (b). (e) Meetings (1) Initial meeting Not later than 90 days after the date of the enactment of this section, the Group shall hold its initial meeting. (2) Subsequent meetings After the initial meeting under paragraph (1), the Group shall meet— (A) at the call of the chairperson; and (B) not less frequently than twice each year. (3) Virtual meetings Each meeting of the Group may be held virtually. (f) Reports During each year in which the Group meets, the Group 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 the following: (1) A review and analysis of current and emerging social media technologies being used to support preparedness, response, and recovery activities related to acts of terrorism, natural disasters, and other emergencies. (2) A review of best practices and lessons learned on the use of social media technologies during the response to acts of terrorism, natural disasters, and other emergencies that occurred during the period covered by the report at issue. (3) Recommendations to improve the Department’s use of social media technologies for emergency management purposes. (4) Recommendations to improve public awareness of the type of information disseminated through social media technologies, and how to access such information, during acts of terrorism, natural disasters, and other emergencies. (5) A review of available training for Federal, State, local, tribal, and territorial officials on the use of social media technologies in response to acts of terrorism, natural disasters, and other emergencies. (6) A review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns. (g) Duration of Group (1) In general The Group shall terminate on the date that is five years after the date of the enactment of this section unless the chairperson renews the Group for a successive five-year period before the date on which the Group would otherwise terminate by submitting to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives a certification that the continued existence of the Group is necessary to fulfill the purpose described in subsection (b). (2) Continued renewal The chairperson may continue to renew the Group for successive five-year periods by submitting a certification in accordance with paragraph (1) before the date on which the Group would otherwise terminate. . (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 317 the following new item: Sec. 318. Social media working group. . 208. 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) (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. 605 209. 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 III Medical Preparedness 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. 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. 302. Chief Medical Officer (a) In general Subsection (c) of section 516 of the Homeland Security Act of 2002 ( 6 U.S.C. 321e (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, 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, the medical community, (5) in paragraph (6), by striking and (6) in paragraph (7), by striking the period at the end and inserting a semicolon; and (7) 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. 303. Medical Countermeasures Program (a) In general Title V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 et seq. 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. . IV Management 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) 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. 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. 403. Strategic human capital plan Subsection (c) of section 10102 of title 5, United States Code, is amended by striking 2007 2016 404. Activities related to children Paragraph (2) of section 503(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 313(b) (1) in subparagraph (G), by striking and (2) in subparagraph (H), by striking the period at the end and inserting ; 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. . March 16, 2016 Reported from the Committee on Homeland Security March 16, 2016 The Committees on Transportation and Infrastructure Energy and Commerce

Summary: Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act or the PREPARE Act TITLE I--GRANTS, TRAINING, EXERCISES, AND COORDINATION (Sec. 101) This bill amends the Homeland Security Act of 2002 to require the Federal Emergency Management Agency (FEMA) to enter into memoranda of understanding with U.S. Customs and Border Protection (CBP), the Transportation Security Administration, the Coast Guard, the Office of Intelligence and Analysis, the Office of Emergency Communications (OEC), the Office for State and Local Law Enforcement, the Countering Violent Extremism Coordinator, the Office for Civil Rights and Civil Liberties, and other Department of Homeland Security (DHS) offices and components to delineate their responsibilities for awarding grants to: public transportation agencies to improve security under the Implementing Recommendations of the 9/11 Commission Act of 2007; high-risk urban areas and state, local, and tribal governments to protect against terrorism under the Urban Area Security Initiative (UASI) and the State Homeland Security Grant Program (SHSGP); and port authorities, facility operators, and state and local governments to implement Area Maritime Transportation Security Plans and facility security plans, provide port security services, and train law enforcement personnel. (Sec. 102) The grant funds must be made available for use by the recipients for at least 36 months. (Sec. 103) Operation Stonegarden is established in DHS for FEMA to enhance border security by making grants to law enforcement agencies involved in CBP operations in states that border Canada or Mexico or that have a maritime border. (Sec. 104) FEMA must assess the extent to which UASI and SHSGP grants have closed capability gaps identified in: (1) state preparedness reports required under the Post-Katrina Emergency Management Reform Act of 2006, and (2) threat and hazard identification and risk assessments from each state and high-risk urban area. (Sec. 105) FEMA must summarize in the annual notice of funding opportunity for UASI and SHSGP grants the DHS Inspector General's findings in audits of such grants and methods to address areas identified for improvement and innovative practices instituted by grant recipients. (Sec. 106) State planning committees or urban working groups required to assist in the determination of funding priorities under the UASI and the SHSGP must include: (1) public health officials and medical practitioners, (2) educational institutions, and (3) appropriate state and regional interoperable communications coordinators and state and major urban area fusion centers. (Sec. 107) DHS is prohibited from implementing the National Preparedness Grant Program without congressional authorization. (Sec. 108) FEMA must coordinate with DHS's Office of Policy, and outreach to relevant stakeholder organizations, when it makes determinations regarding the use of UASI and SHSGP funds for law enforcement terrorism prevention activities. (Sec. 109) FEMA must permit grant recipients under the UASI and the SHSGP to use grant funds to prepare for terrorism by enhancing medical preparedness, medical surge capacity, and mass prophylaxis capabilities, including an initial pharmaceutical stockpile with medical kits and diagnostics to protect first responders, their families, immediate victims, and vulnerable populations from a chemical or biological event. Such work may be carried out in conjunction with Department of Energy-owned national laboratories. (Sec. 110) Applicants for UASI and SHSGP grants seeking funds to purchase equipment must develop equipment maintenance plans that identify which entity is responsible for maintaining such equipment. (Sec. 111) The bill reauthorizes members of the National Domestic Preparedness Consortium for FY2016-FY2017. (Sec. 112) DHS is authorized to establish a Rural Domestic Preparedness Consortium of universities and nonprofit organizations to provide training to emergency response providers from rural communities. (Sec. 113) At least every five years, FEMA must update, and the National Integration Center must review and revise as appropriate, the National Response Plan to consolidate and coordinate the federal government's existing emergency response plans. FEMA must provide performance metrics to federal agencies with responsibilities under the National Response Framework. (Sec. 114) The National Integration Center must also review the national incident management system at least every five years. (Sec. 115) FEMA must develop a uniform process for reviewing applications to use UASI or SHSGP grants to purchase equipment or systems not included on FEMA's authorized equipment list. (Sec. 116) FEMA must establish a remedial action management program to collect information on corrective actions and lessons learned by federal agencies during training exercises and responses to natural disasters, terrorism, and other man-made disasters. It must: (1) report to Congress on the status of corrective actions; and (2) disseminate after-action reports and best practices to Congress and federal, state, local, tribal, and private sector officials. TITLE II--COMMUNICATIONS (Sec. 201) DHS must receive prior authorization from congressional homeland security committees before changing the location or reporting structure of the OEC. (Sec. 202) The OEC must: (1) administer the Government Emergency Telecommunications Service and the Wireless Priority Service programs, (2) assess the impact of emerging technologies on interoperable emergency communications, and (3) update the National Emergency Communications Plan at least every five years. (Sec. 203) The OEC must report to Congress annually for five years about its activities. (Sec. 204) The OEC must update at least every five years the National Emergency Communications Plan, which must be expanded to consider the impact of emerging technologies on the attainment of interoperable emergency communications. (Sec. 206) The National Protection and Programs Directorate must submit to Congress information on DHS's responsibilities related to the development of the nationwide Public Safety Broadband Network, including information on efforts to work with the Department of Commerce's First Responder Network Authority to identify and address cyber risks that could impact the network's availability and operations. (Sec. 207) A state must include in its application for SHSGP funding a certification that: (1) confirms that its governor has designated a Statewide Interoperability Coordinator, or (2) identifies another individual who will be the primary point of contact for performance of such functions. The Coordinator must: coordinate the daily operations of the state's interoperability efforts; coordinate state interoperability and communications projects and grant applications for such projects; establish and maintain working groups to develop and implement key interoperability initiatives; and coordinate and update a Statewide Communications Interoperability Plan that specifies the current status of state efforts to enhance communications interoperability within the state, including future goals for communications interoperability among emergency response agencies in the state. (Sec. 208) DHS's Management Directorate must develop a mechanism to verify that DHS radio users receive ongoing training, including on interagency radio use protocols. TITLE III--MEDICAL PREPAREDNESS (Sec. 301) DHS must coordinate with the Department of Health and Human Services (HHS), for the purpose of domestic preparedness for and collective response to terrorism, to: (1) establish a program to provide surplus anthrax vaccines nearing the end of their labeled dates of use from the strategic national stockpile for administration to emergency response providers who are at high risk of exposure to anthrax and who voluntarily consent to such administration, (2) distribute disclosures regarding associated benefits and risks to end users, and (3) conduct outreach to educate emergency response providers about the program. DHS must: (1) support homeland security-focused risk analysis and assessments of the threats posed by anthrax from an act of terror; (2) leverage 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. In coordination with HHS, DHS must carry out a 24-month pilot program to provide anthrax vaccines to emergency response providers. DHS must: (1) establish a communication platform and education and training modules for such program, (2) conduct economic analysis of such program, (3) create a logistical platform for the anthrax vaccine request process, (4) select providers based in at least two states to participate, (5) provide to each participating provider disclosures and educational materials regarding the benefits and risks of any vaccine provided and of exposure to anthrax, and (6) submit annual reports on pilot program results and recommendations to improve pilot program participation. Each report must include a plan for continuation of the DHS program to provide vaccines to emergency response providers. (Sec. 302) The Chief Medical Officer's (CMO's) responsibilities are expanded to include: establishing medical and human, animal, and occupational health exposure policies and initiatives; advising DHS and FEMA on the medical effects of terrorist attacks or other high consequence events utilizing chemical, biological, radiological, or nuclear agents or explosives; coordinating DHS's preparedness for pandemics and emerging infectious diseases; serving as DHS's primary point of contact for emergency medical services and medical first responder stakeholders; ensuring that DHS's workforce has evidence-based standards for occupational health and operational medicine programs; and maintaining a coordinated system for medical support for DHS's operational activities. The CMO must also: (1) review and maintain verification of the accreditation of DHS's health provider workforce; (2) develop quality assurances, clinical policies, and metrics for medical and health activities; (3) oversee medical records systems; and (4) provide medical direction for emergency medical services. The CMO may provide medical liaisons to DHS components to provide subject matter expertise on medical and public health issues and a direct link to the CMO. (Sec. 303) DHS must establish a medical countermeasures program to facilitate personnel readiness, and protection for working animals, employees, and individuals in DHS's care and custody, in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, or pandemic. The CMO must: (1) oversee the program and maintain a medical countermeasures stockpile and dispensing system, (2) establish a medical countermeasures working group comprised of representatives from DHS offices to ensure that medical countermeasures standards are maintained and guidance is consistent, and (3) develop an integrated logistics support plan. TITLE IV--MANAGEMENT (Sec. 401) FEMA must designate a chief management official and principal advisor on FEMA management matters. The chief management official must be responsible for: (1) procurement; (2) human resources and personnel; (3) information technology and communications systems; (4) real property investment and planning, facilities, accountable personal property, records and disclosure, privacy, safety and health, and sustainability and environmental management; and (5) security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources. The chief management official's responsibilities shall not be construed to affect the role of the Assistant Administrator for National Continuity as it relates to the Mount Weather Emergency Operations Center and associated facilities. FEMA must submit to Congress: (1) a review of financial, human capital, information technology, real property planning, and acquisition management of its headquarters and regional offices; and (2) a strategy for capturing financial, human capital, information technology, real property planning, and acquisition data. (Sec. 402) FEMA must also report on its efforts to modernize its grants and financial information technology systems. (Sec. 403) Not later than May 1, 2016, and for each of the next five years, FEMA must update its strategic human capital plan. (Sec. 404) FEMA must integrate the needs of children into its activities to protect against natural disasters, acts of terrorism, and other man-made disasters, including by appointing a technical expert to coordinate such activities. TITLE V--FLOOD INSURANCE CLAIMS PROCESS REFORMS (Sec. 501) This title amends the National Flood Insurance Act of 1968 to direct FEMA to set forth requirements concerning the final engineering report of an engineer or any report of a claims adjustor for any on-site inspection of a property to assess a claim for losses covered by a flood insurance policy under such Act. Such a report: may not be transmitted to any other person, employer, agency, or entity, before it is transmitted to the insured; may not include alterations by, or at the request of, anyone other than the person responsible for the final engineering report or the preparer of the claims adjustor report, and shall include a certification that it does not contain any such alterations; and shall provide reasonable assurance that it was transmitted directly to the insured by such person or preparer. For engineering reports, these requirements apply only to the final signed or sealed report that contains final conclusions. But for claims adjustor reports, the requirements apply to any document in connection with such claim that is based on the adjustor's on-site inspection, including any adjustment reports, field reports, drafts, preliminary versions, copies, amendments, or additions. If FEMA or an insurance company disallows a flood insurance claim, or if the claimant refuses to accept the allowed amount, the claimant may institute a court action against FEMA or the insurance company: (1) within two years after the occurrence of the losses involved in such claim; or (2) in the case of a denial of a claim that is appealed to FEMA, within 90 days after the final determination upon appeal denying such claim in whole or in part, or within two years after the loss, whichever is later. (These time periods replace current law that allows a claimant to institute such an action against FEMA or the insurance company within one year after the mailing of notice of disallowance or partial disallowance.)