[Pages H1969-H1978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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--

[[Page H1970]]

``(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

[[Page H1971]]

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.

[[Page H1972]]

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;

[[Page H1973]]

``(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

[[Page H1974]]

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

[[Page H1975]]

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

[[Page H1976]]

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.

[[Page H1977]]

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

[[Page H1978]]

rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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