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“PROMOTING RESILIENCE AND EFFICIENCY IN PREPARING FOR ATTACKS AND RESPONDING TO EMERGENCIES ACT” mentioning the U.S. Dept. of Commerce was published in the House of Representatives section on pages H1969-H1978 on April 26, 2016.
The publication is reproduced in full below:
PROMOTING RESILIENCE AND EFFICIENCY IN PREPARING FOR ATTACKS AND
RESPONDING TO EMERGENCIES ACT
Ms. McSALLY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3583) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3583
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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from Arizona (Ms. McSally) and the gentleman from Mississippi (Mr. Thompson) each will control 20 minutes.
The Chair recognizes the gentlewoman from Arizona.
General Leave
Ms. McSALLY. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Arizona?
There was no objection.
Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 3583, the Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies, or PREPARE Act, which I introduced during my tenure as chairman of the Committee on Homeland Security's Subcommittee on Emergency Preparedness, Response, and Communications.
The PREPARE Act is part of the Committee on Homeland Security's effort to authorize and ensure the efficiency of the Department of Homeland Security's operations. The provisions of this bill were informed by the subcommittee's oversight this Congress and discussions with stakeholders.
This was a bipartisan process, and I am pleased that the subcommittee's ranking member, Congressman Payne, joined me in sponsoring this bill. This bill is an example of how we should be working together in Congress to get things done.
The PREPARE Act makes a number of improvements to the operations at the Federal Emergency Management Agency, Office of Health Affairs, and Office of Emergency Communications. The bill authorizes, for the first time, Operation Stonegarden, which provides grants to law enforcement agencies along the border to enhance border security. These funds are vital to the security of border communities, like the ones in my district in southern Arizona.
We must ensure that grant programs like the State Homeland Security Grant Program and the Urban Areas Security Initiative are providing a return on investment and assisting in the closure of capability gaps. That is why the bill requires FEMA to analyze data included in yearly State Preparedness Reports and Threat and Hazard Identification and Risk Assessments to gauge year-over-year improvements.
The bill also requires FEMA to share information on grants management best practices with grant recipients so that they may benefit from innovative practices used by other grantees. In addition, the bill sets the period of performance for these grant programs at 3 years, to ensure grant recipients have sufficient time to make sound investments.
To ensure FEMA is operating efficiently and effectively, the bill requires the Administrator to designate an individual to serve as FEMA's chief management official and take steps to address the findings and recommendations of a number of GAO reports. The bill also requires FEMA to update its strategic human capital plan so it has the workforce it needs to complete its important mission.
It is vital that our Nation's first responders have the tools that they need to communicate. That is why the bill seeks to ensure that the First Responder Network Authority and the Department of Homeland Security work together to secure the nationwide public safety broadband network that is under development against cyberattacks.
After hearing much concern from first responders who rely on the technical assistance and programming of the Office of Emergency Communication, the bill prohibits the Secretary of Homeland Security from reorganizing OEC without prior authorization.
{time} 1715
A 2015 GAO review of interoperability at the Department noted that CBP and ICE personnel reported the lack of interoperability along the border resulted in missed apprehensions and jeopardized agent safety.
As a result, the bill requires the Department of Homeland Security to ensure that DHS' radio users, such as Border Patrol agents, CBP officers, and ICE agents receive ongoing training on the use of radio systems, including interagency radio use protocols.
This provision builds upon legislation signed into the law by the President that requires DHS to develop a strategy to achieve and maintain interoperability among its components.
To address the chemical and biological threats we face, the PREPARE Act authorizes responsibilities of the Department's Chief Medical Officer and establishes a pilot program to provide anthrax vaccines to first responders on a voluntary basis.
I want to thank my successor, Chairman Donovan, for his leadership in continuing to shepherd the PREPARE Act to the floor today.
I would also like to thank Chairman Shuster, Chairman Upton, and Chairman Hensarling for working with us to advance this bill.
Mr. Speaker, the PREPARE Act builds efficiencies and increases coordination for preparedness improvements while providing greater accountability for taxpayers.
I urge all Members to join me in supporting this legislation.
Mr. Speaker, I reserve the balance of my time.
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, March 10, 2016.Hon. Michael McCaul,Chairman, Committee on Homeland Security, Ford House Office
Building, Washington, DC.
Dear Chairman McCaul: I write concerning H.R. 3583, the
``Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act''. This legislation includes matters that fall within the Rule X jurisdiction of the Committee on Transportation and Infrastructure.
In order to expedite Floor consideration of H.R. 3583, the Committee on ``Transportation and Infrastructure will forgo action on this bill. However, this is conditional on our mutual understanding that forgoing consideration of the bill does not prejudice the Committee with respect to the appointment of conferees or to any future jurisdictional claim over the subject matters contained in the bill or similar legislation that fall within the Committee's Rule X jurisdiction. I request you urge the Speaker to name members of the Committee to any conference committee named to consider such provisions.
Please place a copy of this letter and your response acknowledging our jurisdictional interest in the Committee report for H.R. 3583, as well as in the Congressional Record during House Floor consideration of the bill. I look forward to working with the Committee on Homeland Security as the bill moves through the legislative process.
Sincerely,
Bill Shuster,Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, March 11, 2016.Hon. Bill Shuster,Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
Dear Chairman Shuster: Thank you for your letter regarding H.R. 3583, the ``Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act'' or
``PREPARE Act.'' I appreciate your support in bringing this legislation before the House of Representatives, and accordingly, understand that the Committee on Transportation and Infrastructure will forego consideration of the bill.
The Committee on Homeland Security concurs with the mutual understanding that by foregoing consideration on this bill at this time, the Committee on Transportation and Infrastructure does not waive any jurisdiction over the subject matter contained in this bill or similar legislation in the future. In addition, should a conference on this bill be necessary, I would support a request by the Committee on Transportation and Infrastructure for conferees on those provisions within your jurisdiction.
I will insert copies of this exchange in the report on H.R. 3583 as well as the Congressional Record during consideration of this bill on the House floor. I thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, March 11, 2016.Hon. Michael T. McCaul,Chairman, Committee on Homeland Security, Ford House Office
Building, Washington, DC.
Dear Chairman McCaul: I write regarding H.R. 3583, the
``PREPARE Act.'' Although the bill was referred to the Committee on Energy and Commerce, I wanted to notify you that the Committee will forgo action on the bill so that it may proceed expeditiously to the House floor for consideration.
This is done with the understanding that the Committee on Energy and Commerce's jurisdictional interests over this and similar legislation are in no way altered. In addition, the Committee reserves the right to seek conferees on H.R. 3583 and requests your support when such a request is made.
I would appreciate your response confirming this understanding with respect to H.R. 3583 and ask that a copy of our exchange of letters on this matter be included in the Congressional Record during consideration of the bill on the House floor.
Sincerely,
Fred Upton,Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, March 11, 2016.Hon. Fred Upton,Chairman, Committee on Energy and Commerce, Rayburn House
Office Building, Washington, DC.
Dear Chairman Upton: Thank you for your letter regarding H.R. 3583, the ``PREPARE Act.'' I appreciate your support in bringing this legislation before the House of Representatives, and accordingly, understand that the Committee on Energy and Commerce will forego consideration of the bill.
The Committee on Homeland Security concurs with the mutual understanding that by foregoing consideration on this bill at this time, the Committee on Energy and Commerce does not waive any jurisdiction over the subject matter contained in this bill or similar legislation in the future. In addition, should a conference on this bill be necessary, I would support a request by the Committee on Energy and Commerce for conferees on those provisions within your jurisdiction.
I will insert copies of this exchange in the Congressional Record during consideration of this bill on the House floor. I thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,Chairman.
____
House of Representatives,
Committee on Financial Services,
Washington, DC, March 22, 2016.Hon. Michael McCaul,Chairman, Committee on Homeland Security, Ford House Office
Building, Washington, DC.
Dear Chairman McCaul: I am writing concerning H.R. 3583, the Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act.
As a result of your having consulted with the Committee on Financial Services concerning provisions in the bill that fall within our Rule X jurisdiction, I agree to forgo action on the bill so that it may proceed expeditiously to the House Floor. The Committee on Financial Services takes this action with our mutual understanding that, by foregoing consideration of H.R. 3583 at this time, we do not waive any jurisdiction over the subject matter contained in this or similar legislation, and that our Committee will be appropriately consulted and involved as this or similar legislation moves forward so that we may address any remaining issues that fall within our Rule X jurisdiction. Our Committee also reserves the right to seek appointment of an appropriate number of conferees to any House-Senate conference involving this or similar legislation, and requests your support for any such request.
Finally, I would appreciate your response to this letter confirming this understanding with respect to H.R. 3583 and would ask that a copy of our exchange of letters on this matter be included in the Congressional Record during floor consideration thereof.
Sincerely,
Jeb Hensarling,Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC. April 6, 2016.Hon. Jeb Hensarling,Chairman, Committee on Financial Services, Rayburn House
Office Building, Washington, DC.
Dear Chairman Hensarling: Thank you for your letter regarding H.R. 3583, the ``Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act.'' I appreciate your support in bringing this legislation before the House of Representatives, and accordingly, understand the Committee on Financial Services will forgo action on the bill.
The Committee on Homeland Security concurs with the mutual understanding that by forgoing action on this bill, the Committee on Financial Services does not waive any jurisdiction over the subject matter contained in this bill or similar legislation in the future. In addition, should a conference on this bill be necessary, I would support your request to have the Committee on Financial Services represented on the conference committee.
I will insert copies of this exchange into the Congressional Record during consideration of this bill on the House floor. I thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of H.R. 3853, the Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act, and I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 3583, the Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act, also known as the PREPARE Act.
Before I begin, I would like to commend former Emergency Preparedness Subcommittee Chairperson McSally and Ranking Member Payne, Jr., for their close collaboration in developing this legislation.
H.R. 3583 is the product of extensive bipartisan oversight carried out by the subcommittee and will make communities better prepared to respond to manmade and natural disasters.
In particular, this measure makes a number of improvements related to the Federal Emergency Management Agency's administration of the Homeland Security Grant Program, authorizes activities of the National Domestic Preparedness Consortium and the Rural Domestic Preparedness Consortium, and addresses ongoing interoperability challenges both within the Department of Homeland Security and the State and local level.
A provision I authored at the full committee to improve the Homeland Security Grant Program is also included. That provision directs FEMA to enter into a memorandum of understanding with the DHS' Office of Civil Rights and Civil Liberties regarding policy and guidance in the Urban Areas Security Initiative and the State Homeland Security Grant Program.
Under current grant guidance, grantees are permitted to use funding for activities related to countering violent extremism.
By requiring FEMA to consult with DHS' Office of Civil Rights and Civil Liberties in developing its grant guidance related to CVE, we will ensure that the activities carried out by the grantees do not target ordinary citizens simply because of their religion or ethnic background.
Additionally, to address shortcomings of the National Incident Management System, commonly called NIMS, revealed at a series of full committee hearings examining the heroic response of the 2013 Boston Marathon bombings, the committee accepted an amendment I authored requiring FEMA to review and revise NIMS once every 5 years.
Regular review of NIMS will ensure that its protocols are responsive to the current threat environment, incident management requirements, and lessons learned from previous incidents.
Finally, the bill includes important provisions to improve Federal interoperable communications capabilities added by Subcommittee Ranking Member Payne, Jr.
To improve interoperable communications on the State and local level, H.R. 3583 includes Mr. Payne's Statewide Interoperable Communications Act, which facilitates coordination of emergency communication purchases and policies within a State.
The bill also addresses interoperability challenges at DHS by requiring that the Undersecretary for Management verify that all radio users at the Department receive initial and ongoing training in the use of DHS' radio systems.
I commend Ranking Member Payne, Jr., on his work on the bill and his ongoing efforts to address the interoperability challenges that continue to hamstring Federal, State, and local first responders.
H.R. 3583 will go far in helping first responders do their job better and safer and will make our communities better prepared and more resilient.
I urge my colleagues to support the PREPARE Act.
Mr. Speaker, I reserve the balance of my time.
Ms. McSALLY. Mr. Speaker, I yield such time as he may consume to the gentleman from New York (Mr. Donovan), the chairman of the Subcommittee on Emergency Preparedness, Response, and Communications.
Mr. DONOVAN. Mr. Speaker, I thank Chairwoman McSally for yielding.
As chairman of the Committee on Homeland Security's Subcommittee on Emergency Preparedness, Response, and Communications, I rise today in strong support of H.R. 3583, the PREPARE Act, of which I am pleased to be an original sponsor.
Introduced by the subcommittee's former Chairwoman, Representative McSally, the PREPARE Act seeks to enhance accountability at the Federal Emergency Management Agency, Office of Emergency Communications, and Office of Health Affairs at the Department of Homeland Security.
The Emergency Preparedness, Response, and Communications Subcommittee is fortunate to work with a very engaged stakeholder community, and many of the provisions of this bill were formed through hearings, briefings, and meetings with those stakeholders.
For example, the bill sets the period of performance for a number of grant programs at 3 years. We heard from numerous stakeholder groups that FEMA's reduction of the period of performance from 3 years to 2 years inhibited their ability to make meaningful grant investments.
I am pleased that FEMA has changed the period of performance back to 3 years, and the PREPARE Act codifies that timeline.
The PREPARE Act prohibits FEMA from implementing its National Preparedness Grant Program proposal, which was widely opposed by first responders.
It seeks to ensure greater outreach by the Department to law enforcement agencies through the Office of State and local law enforcement.
It prohibits the Undersecretary of National Protection and Programs Directorate from reorganizing or changing the location of the Office of Emergency Communications without authorization of Congress.
Stakeholder groups such as the International Association of Chiefs of Police, International Association of Fire Chiefs, Major Cities Chiefs, and National Sheriffs' Association have expressed their great concern about the impact this proposed reorganization would have on the Office of Emergency Communications and its work with first responders to achieve and maintain interoperability communications.
It authorizes the National Domestic Preparedness Consortium, which provides vital training for first responders, and it authorizes a voluntary anthrax vaccination program for first responders to help protect those who protect us.
The PREPARE Act also includes flood insurance provisions of great importance to my constituents. Superstorm Sandy devastated Staten Island and South Brooklyn 3\1/2\ years ago, claiming dozens of lives and destroying thousands of homes.
Unfortunately, since then, my constituents have gone through the storm after the storm. Damage inspectors shamelessly doctored their reports to blame pre-existing conditions for Sandy's destruction, cheating Sandy victims out of insurance proceedings they rightfully deserved.
By applying lessons learned in the aftermath of that fateful day, title V of the PREPARE Act will make two important improvements to the National Flood Insurance Program.
First, this legislation will empower and protect policyholders by requiring engineers and inspectors employed to assess flood insurance claims to provide policyholders with copies of the reports listing flood damage to their homes. This will prevent fraud and increase efficiency and transparency by giving policyholders more information about their claims at a critical stage in the process.
Second, this legislation will improve the flood insurance claims appeal process by fixing an archaic and confusing court filing deadline that prevents policyholders from using the FEMA appeals process for fear of missing their opportunity to seek relief in Federal court.
The bill will set a firm start date for the claim's statute of limitations and pause the statute of limitations while policyholders pursue their appeal at the agency level.
Ultimately, this legislation will reduce costly litigation, saving taxpayers and policyholders money.
I am pleased to work with Chairwoman McSally and Ranking Member Payne on this bipartisan legislation. I would like to thank Chairman McCaul and Ranking Member Thompson for their leadership in moving it forward.
I would particularly like to thank Chairman Hensarling and Subcommittee Chairman Luetkemeyer of the Financial Services Committee for working with me to advance the flood insurance process reforms in this bill.
Mr. Speaker, I urge all Members to join me in supporting H.R. 3583.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3583 seeks to resolve gaps in the Department of Homeland Security's efforts to build State and local capabilities to prevent, protect against, and respond to manmade and natural disasters.
Again, this bipartisan legislation is a product of careful oversight and significant stakeholder outreach. I urge my colleagues to support the PREPARE Act.
Mr. Speaker, I yield back the balance of my time.
Ms. McSALLY. Mr. Speaker, I once again urge my colleagues to support H.R. 3583.
I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I rise today in support of the Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act (PREPARE Act/H.R. 3583). In addition to enhancing accountability at the Federal Emergency Management Agency
(FEMA), the Office of Emergency Communications, and the Office of Health Affairs at the Department of Homeland Security (DHS), this legislation makes critical reforms to the National Flood Insurance Program's (NFIP) claims process.
Nearly three and a half years have passed since Superstorm Sandy devastated New Jersey, New York, and other parts of the Northeast, yet thousands of victims are still fighting for fair and equitable treatment from the NFIP. Following Sandy, these homeowners were further victimized by the unconscionable misconduct of certain insurance companies and engineering firms who defrauded them, all of which was enabled by FEMA's inadequate control and oversight.
The Sandy Claims Review Process was launched after my colleagues and I pushed FEMA to reopen a robust and thorough claims process to review all potential Sandy-related underpayments. To date, over 19,000 NFIP policyholders have entered the review process. More than 7,000 policyholders have been offered additional claims payments, with over
$46 million in actual payments made and over $89 million in proposed payments. Homeowners who pursued litigation outside of the claims process have received nearly $160 million in settlements.
Those who dutifully paid their premiums with the expectation that the NFIP would be there following a disaster deserve every penny owed to them. The tens of millions of dollars paid out thus far should have been in the hands of policyholders years ago. These homeowners were betrayed following Sandy, and reforms are necessary to restore consumer trust and taxpayer confidence in the NFIP.
In a report released last month, the DHS Office of Inspector General
(OIG) found that FEMA does not provide adequate oversight of its NFIP Write Your Own (WYO) Program. As a result, FEMA ``is unable to ensure that WYO companies are properly implementing the NFIP and is unable to identify systemic problems in the program. Furthermore, without adequate internal controls in place, FEMA's NFIP funds may be at risk for fraud, waste, abuse, or mismanagement.''
Of particular concern are altered or falsified engineering reports that resulted in dramatically lower claim payments for Sandy victims. Last year, 60 Minutes' ``The Storm after the Storm'' reported on allegations of engineering reports receiving drastic alterations after being submitted to the insurer by the on-site engineer inspector. FEMA's then-Deputy Associate Administrator for Insurance told 60 Minutes that he was not going to ``conceal that fact that it happened. Because in the last three weeks, I've seen evidence of it.'' This was subsequently confirmed in delegation briefings I hosted with FEMA.
Title V of the PREPARE Act will require any final engineering reports and/or claims adjustment reports--certified and free of alterations--to be provided to the policyholder first, before any employer or agency. It also amends the claims appeal process to provide policyholders with more time to consider legal remedies. Together these provisions will help reform a fundamentally broken system and provide policyholders with the transparency and fairness they are entitled to throughout the NFIP claims process.
FEMA must deliver on its promises. That begins with the completion of the ongoing Sandy Claims Review Process and a resolution to Sandy-
related litigation. Every suspected instance of fraud must be investigated and bad actors must be expelled. FEMA must closely monitor the performance of specific inspectors and adjustors that may not be illegal, but simply shoddy and incompetent. The NFIP Transformation Task Force must continue its implementation of OIG's seven recommendations to improve its oversight. Together with the PREPARE Act, these actions can restore accountability and ensure lasting reform.
Mr. PAYNE. Mr. Speaker, I rise today in strong support of H.R. 3583, the ``Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act,'' also known as the ``PREPARE Act.''
I became Ranking Member of the Emergency Preparedness Subcommittee in the beginning of 2013.
I took on that position because I represent the 10th Congressional of New Jersey, which according to the New York Times, encompasses the two most dangerous miles in America.
From major mass transit arteries and chemical facilities to homes and schools, my district is vulnerable to a variety of man-made and natural disasters.
Our community's first responders must be prepared to respond to every worst-case scenario. That is why I was proud to work with Ms. McSally to author the ``PREPARE Act.''
In my capacity as Ranking Member of the Emergency Preparedness Subcommittee, I have had the opportunity to hear from first responders and emergency managers across the country, as well as doctors, public health experts, and individuals advocating to ensure the needs of children are incorporated into disaster response plans.
I am pleased to say that H.R. 3583 is responsive to the calls to action we have heard on the Emergency Preparedness Subcommittee.
For example, the Subcommittee has conducted extensive oversight of progress related to interoperable communications, and we have learned that the important governance structures--developed with support of the Interoperable Emergency Communications Grant Program--have suffered since the program was eliminated in 2011.
To preserve the progress States have made on emergency communications planning and coordination, H.R. 3583 includes my Statewide Interoperable Communications Enhancement Act, which passed the House as a stand-alone measure in July.
H.R. 3583 also includes language I offered to address communications training gaps at DHS by requiring all radio users to receive initial and ongoing training consistent with the DHS Interoperable Communications Strategy, which was required under legislation I wrote last year.
The ``PREPARE Act'' also makes important progress in the area of biopreparedness, particularly related to improving how DHS manages its medical countermeasures program and establishing a voluntary anthrax vaccination program for first responders.
To address concerns the Subcommittee heard from organizations like Save the Children related to the unique needs of children during disasters, the Committee accepted an amendment I offered directing FEMA to appoint a technical expert to ensure that children are incorporated into disaster preparedness, planning, response, and recovery activities.
As the father of triplets, I have worked hard to improve the way the Federal government helps schools keep children safe during disasters and to address gaps in disaster planning that affect children. I appreciate the Committee's support for my efforts to ensure H.R. 3583 improves the way the needs of children are integrated into emergency planning.
Finally, the bill guarantees homeland security grant program recipients three years to use their grant funds, which will help ensure that limited funds are spent effectively and deliberately.
H.R. 3583 also includes common-sense provisions requiring grantees to have maintenance plans in place before using Federal money to procure important emergency response equipment, directing FEMA to include grant management best practices in its annual Notice of Funding Opportunity, and charging FEMA to provide information to Congress on how grant funds are closing capability gaps.
On the subject of the Homeland Security Grant Program, I would like to once again, on the record, voice my opposition to the funding cuts proposed in the President's FY 2017 budget request.
First responders across the country have made clear over and over again that these important grant dollars are critical to building and maintaining preparedness and response capabilities.
State and local governments are already struggling to absorb cuts to homeland security grant funding that have occurred over the last decade, and every first responder I have spoken to tells me that planning, training, and exercise opportunities would further suffer with more cuts.
I urge appropriators to reject the proposed funding cuts and to provide additional funding to these grant programs.
Before I conclude, I would like to congratulate the former Subcommittee Chairman McSally on bringing this legislation to the floor, and I thank her for working with me as she developed the bill.
I urge my colleagues to support H.R. 3583.
Ms. JACKSON LEE. Mr. Speaker, as the Ranking Member of the Judiciary Committee and Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, I rise in support of H.R. 3583, the PREPARE Act, a bill that provides an important additional tool in preparing for attacks and responding to emergencies.
I support this legislation, because it requires multiple emergency agencies to coordinate and improve overall preparedness for attacks and emergencies.
Specifically, H.R. 3583 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 Communication (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 offices and components to delineate their responsibilities for awarding grants to:
Public Transportation Agencies to improve security under 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 UASI and the State Homeland Security Grant Program.
Implementation of Area Maritime Transportation Security Plans and facility security plans, provide port security services, and train law enforcement personnel.
The PREPARE Act is a smart bill that will enable the Department of Homeland Security to establish a social media working group to identify and provide guidance and best practices for the emergency preparedness and response community.
The social media group will submit an annual report that includes:
A review and analysis of social media technologies used to support preparedness, response, and recovery activities.
A review of best practices and lessons learned.
Recommendations to improve DHS's use of social media technologies for emergency management purposes.
Recommendations to improve public awareness of the type of information disseminated through such technologies, and recommendations on how to access such information during emergencies.
A review of available training for government officials.
A review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.
In today's increasingly advanced and complex technology, social media is easily and heavily utilized by terrorists as a dangerous recruiting tool.
Mr. Speaker, the PREPARE Act will equip the Department of Homeland Security with vital tools and resources to prevent and remove social media threats and recruitment tactics implemented by terrorist groups.
The PREPARE Act will further require FEMA to 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.
This is a comprehensive bill that will protect all Americans in every corner of this nation.
I urge all Members to join me in voting to pass H.R. 3583.
The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from Arizona (Ms. McSally) that the House suspend the rules and pass the bill, H.R. 3583, as amended.
The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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