Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act or the PREPARE Act
This bill revises programs and activities of the Federal Emergency Management Agency (FEMA), the Office of Emergency Communications of the Department of Homeland Security (DHS), and the Office of Health Affairs of DHS. Specifically, the bill amends the Homeland Security Act of 2002 to:
DHS may establish a Rural Domestic Preparedness Consortium to provide training to emergency response providers from rural communities.
FEMA must provide updates on the management of the Chemical, Ordnance, Biological, and Radiological Training Facility of the Center for Domestic Preparedness.
DHS may not implement the National Preparedness Grant Program or change the location or reporting structure of the Office of Emergency Communications without prior authorization from Congress.
FEMA must: (1) designate a chief management official for the agency, (2) report on efforts to modernize its grants and financial information technology systems, and (3) update its strategic human capital plan in 2018 and the next five succeeding years.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2922 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2922
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2017
Mr. Donovan (for himself, Mr. McCaul, Mr. King of New York, and Mr.
Fitzpatrick) introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
Transportation and Infrastructure, and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To reform and improve the Federal Emergency Management Agency, the
Office of Emergency Communications, and the Office of Health Affairs of
the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting
Resilience and Efficiency in Preparing for Attacks and Responding to
Emergencies Act'' or the ``PREPARE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GRANTS, TRAINING, EXERCISES, AND COORDINATION
Sec. 101. Urban Area Security Initiative.
Sec. 102. State Homeland Security Grant Program.
Sec. 103. Grants to directly eligible tribes.
Sec. 104. Law enforcement terrorism prevention.
Sec. 105. Prioritization.
Sec. 106. Allowable uses.
Sec. 107. Approval of certain equipment.
Sec. 108. Memoranda of understanding.
Sec. 109. Grants metrics.
Sec. 110. Grant management best practices.
Sec. 111. Prohibition on consolidation.
Sec. 112. Maintenance of grant investments.
Sec. 113. Transit security grant program.
Sec. 114. Port security grant program.
Sec. 115. National Domestic Preparedness Consortium.
Sec. 116. Rural Domestic Preparedness Consortium.
Sec. 117. Emergency support functions.
Sec. 118. Review of National Incident Management System.
Sec. 119. Remedial action management program.
Sec. 120. Cyber preparedness.
Sec. 121. Major metropolitan area counterterrorism training and
exercise grant program.
Sec. 122. Center for Domestic Preparedness.
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 edit.
Sec. 206. Public Safety Broadband Network.
Sec. 207. Communications training.
TITLE III--MEDICAL PREPAREDNESS
Sec. 301. Chief Medical Officer.
Sec. 302. Medical Countermeasures Program.
TITLE IV--MANAGEMENT
Sec. 401. Mission support.
Sec. 402. Systems modernization.
Sec. 403. Strategic human capital plan.
TITLE I--GRANTS, TRAINING, EXERCISES, AND COORDINATION
SEC. 101. URBAN AREA SECURITY INITIATIVE.
Section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604) is
amended--
(1) in subsection (b)(2)(A), in the matter preceding clause
(i), by inserting ``, using the most up-to-date data
available,'' after ``assessment'';
(2) in subsection (d)(2), by amending subparagraph (B) to
read as follows:
``(B) Funds retained.--To ensure transparency and
avoid duplication, a State shall provide each relevant
high-risk urban area with a detailed accounting of the
items, services, or activities on which any funds
retained by the State under subparagraph (A) are to be
expended. Such accounting shall be provided not later
than 90 days after the date of which such funds are
retained.''; and
(3) by striking subsection (e) and inserting the following
new subsections:
``(e) Threat and Hazard Identification Risk Assessment and
Capability Assessment.--As a condition of receiving a grant under this
section, each high-risk urban area shall submit to the Administrator a
threat and hazard identification and risk assessment and capability
assessment--
``(1) at such time and in such form as is required by the
Administrator; and
``(2) consistent with the Federal Emergency Management
Agency's Comprehensive Preparedness Guide 201, Second Edition,
or such successor document or guidance as is issued by the
Administrator.
``(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.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $800,000,000 for each of
fiscal years 2018 through 2022.''.
SEC. 102. STATE HOMELAND SECURITY GRANT PROGRAM.
Section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605) is
amended by striking subsection (f) and inserting the following new
subsections:
``(f) Threat and Hazard Identification and Risk Assessment and
Capability Assessment.--
``(1) In general.--As a condition of receiving a grant
under this section, each State shall submit to the
Administrator a threat and hazard identification and risk
assessment and capability assessment--
``(A) at such time and in such form as is required
by the Administrator; and
``(B) consistent with the Federal Emergency
Management Agency's Comprehensive Preparedness Guide
201, Second Edition, or such successor document or
guidance as is issued by the Administrator.
``(2) Collaboration.--In developing the threat and hazard
identification and risk assessment under paragraph (1), a State
shall solicit input from local and tribal governments,
including first responders, and, as appropriate,
nongovernmental and private sector stakeholders.
``(3) First responders defined.--In this subsection, the
term `first responders' includes representatives of local
governmental and nongovernmental fire, law enforcement,
emergency management, and emergency medical personnel.
``(g) 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.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $600,000,000 for each of
fiscal years 2018 through 2022.''.
SEC. 103. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
Section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606) is
amended by--
(1) redesignating subsections (h) through (k) as
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. 104. 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
expend'' 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 Partnership and Engagement of the
Department, through outreach to relevant stakeholder
organizations; and''.
(b) Office for State and Local Law Enforcement.--Subsection (b)
section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in paragraph (1), by striking ``Policy Directorate''
and inserting ``Office of Partnership and Engagement''; and
(2) in paragraph (4)--
(A) in subparagraph (B), by inserting ``, including
through consultation with such agencies regarding
Department programs that may impact such agencies''
before the semicolon at the end; and
(B) in subparagraph (D), by striking ``ensure'' and
inserting ``certify''.
SEC. 105. PRIORITIZATION.
(a) In General.--Subsection (a) of section 2007 of the Homeland
Security Act of 2002 (6 U.S.C. 608) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) its population, including consideration of
domestic and international tourists, commuters, and
military populations, including military populations
residing in communities outside military
installations;'';
(B) in subparagraph (E), by inserting ``, including
threat information from other relevant Federal agencies
and field offices, as appropriate'' before the
semicolon at the end; and
(C) in subparagraph (I), by striking ``target'' and
inserting ``core''; and
(2) in paragraph (2), by striking ``target'' and inserting
``core''.
(b) Review.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security, through the
Administrator of the Federal Emergency Management Agency, shall review
and report to the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate on the risk formula and methodology used
to award grants under sections 2003 and 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 604 and 605), including a discussion of any
necessary changes to such formula to ensure grant awards are
appropriately based on risk.
SEC. 106. ALLOWABLE USES.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``target'' and inserting ``core'';
(B) by redesignating paragraphs (6) through (14) as
paragraphs (8) through (16), respectively;
(C) by inserting after paragraph (5) the following
new paragraphs:
``(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;
``(7) enhancing cybersecurity, including preparing for and
responding to cybersecurity risks and incidents (as such terms
are defined in section 227) and developing statewide cyber
threat information analysis and dissemination activities;'';
(D) in paragraph (8), as so redesignated, by
striking ``Homeland Security Advisory System'' and
inserting ``National Terrorism Advisory System''; and
(E) in paragraph (14), as so redesignated, by
striking ``3'' and inserting ``5'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by striking ``(a)(10)''
and inserting ``(a)(12)''; and
(B) in paragraph (4)(B)(i), by striking ``target''
and inserting ``core''; and
(3) in subsection (c), by striking ``target'' and ``core''.
SEC. 107. APPROVAL OF CERTAIN EQUIPMENT.
(a) In General.--Section 2008 of the Homeland Security Act of 2002
(6 U.S.C. 609), as amended by section 106 of this Act, is further
amended--
(1) in subsection (f)--
(A) by striking ``If an applicant'' and inserting
the following:
``(1) Application requirement.--If an applicant''; and
(B) by adding at the end the following new
paragraphs:
``(2) Review process.--The Administrator shall implement a
uniform process for reviewing applications that, in accordance
with paragraph (1), contain explanations to use grants provided
under section 2003 or 2004 to purchase equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747).
``(3) Factors.--In carrying out the review process under
paragraph (2), the Administrator shall consider the following:
``(A) Current or past use of proposed equipment or
systems by Federal agencies or the Armed Forces.
``(B) The absence of a national voluntary consensus
standard for such equipment or systems.
``(C) The existence of an international consensus
standard for such equipment or systems, and whether
such equipment or systems meets such standard.
``(D) The nature of the capability gap identified
by the applicant, and how such equipment or systems
will address such gap.
``(E) The degree to which such equipment or systems
will serve the needs of the applicant better than
equipment or systems that meet or exceed existing
consensus standards.
``(F) Any other factor determined appropriate by
the Administrator.''; and
(2) by adding at the end the following new subsection:
``(g) Review Process.--The Administrator shall 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.''.
(b) Inspector General Report.--Not later than three years after the
date of the enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
assessing the implementation of the review process established under
paragraph (2) of subsection (f) of section 2008 of the Homeland
Security Act of 2002 (as added by subsection (a) of this section),
including information on the following:
(1) The number of requests to purchase equipment or systems
that do not meet or exceed any applicable consensus standard
evaluated under such review process.
(2) The capability gaps identified by applicants and the
number of such requests granted or denied.
(3) The processing time for the review of such requests.
SEC. 108. 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. 109. 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 required under subsections (e) and (f) of such sections
2003 and 2004, respectively, as added by this Act, 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 that aggregates results across the States and high-risk
urban areas.
SEC. 110. 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 the following:
(1) 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, including opportunities for technical
assistance.
(2) Innovative projects and best practices instituted by
grant recipients.
SEC. 111. PROHIBITION ON CONSOLIDATION.
The Secretary of Homeland Security may not implement the National
Preparedness Grant Program or any successor consolidated grant program
unless the Secretary receives prior authorization from Congress
permitting such implementation.
SEC. 112. MAINTENANCE OF GRANT INVESTMENTS.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609),
as amended by sections 106 and 107 of this Act, is further amended by
adding at the end the following new subsection:
``(h) Maintenance of Equipment.--Any applicant for a grant under
section 2003 or 2004 seeking to use funds to purchase equipment,
including pursuant to paragraph (3), (4), (5), or (12) 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. 113. TRANSIT SECURITY GRANT PROGRAM.
Section 1406 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135) is amended--
(1) in subsection (b)(2)(A), by inserting ``and associated
backfill'' after ``security training''; and
(2) by striking subsection (m) and inserting the following
new subsections:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph (2),
funds provided pursuant to a grant awarded under this section
for a use specified in subsection (b) shall remain available
for use by a grant recipient for a period of not fewer than 36
months.
``(2) Exception.--Funds provided pursuant to a grant
awarded under this section for a use specified in subparagraph
(M) or (N) of subsection (b)(1) shall remain available for use
by a grant recipient for a period of not fewer than 55 months.
``(n) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $200,000,000 for each of
fiscal years 2018 through 2022.''.
SEC. 114. PORT SECURITY GRANT PROGRAM.
Section 70107 of title 46, United States Code, is amended by--
(1) striking subsection (l);
(2) redesignating subsection (m) as subsection (l); and
(3) adding at the end the following new subsections:
``(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.
``(o) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $200,000,000 for each of the
fiscal years 2018 through 2022.''.
SEC. 115. 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, $63,939,000
for each of fiscal years 2018 and 2019; and
``(2) for the remaining Members of the National Domestic
Preparedness Consortium, $101,000,000 for each of fiscal years
2018 and 2019.''; and
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``2007'' and inserting ``2017''.
SEC. 116. 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. 117. 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. 118. 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. 119. 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 pursuant to 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.''.
SEC. 120. CYBER PREPAREDNESS.
(a) Information Sharing.--Title II of the Homeland Security Act of
2002 is amended--
(1) in section 210A (6 U.S.C. 124h)--
(A) in subsection (b)--
(i) in paragraph (10), by inserting before
the semicolon at the end the following: ``,
including, in coordination with the national
cybersecurity and communications integration
center under section 227, access to timely
technical assistance, risk management support,
and incident response capabilities with respect
to cyber threat indicators, defensive measures,
cybersecurity risks, and incidents (as such
terms are defined in such section), which may
include attribution, mitigation, and
remediation, and the provision of information
and recommendations on security and resilience,
including implications of cybersecurity risks
to equipment and technology related to the
electoral process'';
(ii) in paragraph (11), by striking ``and''
after the semicolon;
(iii) by redesignating paragraph (12) as
paragraph (14); and
(iv) by inserting after paragraph (11) the
following new paragraphs:
``(12) review information relating to cybersecurity risks
that is gathered by State, local, and regional fusion centers,
and incorporate such information, as appropriate, into the
Department's own information relating to cybersecurity risks;
``(13) ensure the dissemination to State, local, and
regional fusion centers of the information described in
paragraph (12); and'';
(B) in subsection (c)(2)--
(i) by redesignating subparagraphs (C)
through (G) as subparagraphs (D) through (H),
respectively; and
(ii) by inserting after subparagraph (B)
the following new subparagraph:
``(C) The national cybersecurity and communications
integration center under section 227.'';
(C) in subsection (d)--
(i) in paragraph (3), by striking ``and''
after the semicolon;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3) the
following new paragraph:
``(4) assist, in coordination with the national
cybersecurity and communications integration center under
section 227, fusion centers in using information relating to
cybersecurity risks to develop a comprehensive and accurate
threat picture; and''; and
(D) in subsection (j)--
(i) by redesignating paragraphs (1) through
(5) as paragraphs (2) through (6),
respectively; and
(ii) by inserting before paragraph (2), as
so redesignated, the following new paragraph:
``(1) the term `cybersecurity risk' has the meaning given
such term in section 227;''; and
(2) in section 227 (6 U.S.C. 148)--
(A) in subsection (c)--
(i) in paragraph (5)(B), by inserting ``,
including State, local, and regional fusion
centers, as appropriate'' before the semicolon
at the end;
(ii) in paragraph (7), in the matter
preceding subparagraph (A), by striking
``information and recommendations'' each place
it appears and inserting ``information,
recommendations, and best practices''; and
(iii) in paragraph (9), by inserting ``best
practices,'' after ``defensive measures,''; and
(B) in subsection (d)(1)(B)(ii), by inserting ``and
State, local, and regional fusion centers, as
appropriate'' before the semicolon at the end.
(b) Sense of Congress.--It is the sense of Congress that to
facilitate the timely dissemination to appropriate State, local, and
private sector stakeholders of homeland security information related to
cyber threats, the Secretary of Homeland Security should, to the
greatest extent practicable, work to share actionable information in an
unclassified form related to such threats.
SEC. 121. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND
EXERCISE GRANT PROGRAM.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 603 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND
EXERCISE GRANT PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the
Administrator and the heads of other relevant components of the
Department, shall carry out a program for emergency response
providers to prevent, prepare for, and respond to emerging
terrorist attack scenarios, including complex, coordinated
terrorist attacks and active shooters, as determined by the
Secretary, against major metropolitan areas.
``(2) Information.--In establishing the program pursuant to
paragraph (1), the Secretary shall provide to eligible
applicants--
``(A) information, in an unclassified format, on
emerging terrorist attack scenarios, including complex,
coordinated terrorist attacks and active shooters,
which grants under such program are intended to
address; and
``(B) information on training and exercises best
practices.
``(b) Eligible Applicants.--
``(1) In general.--Jurisdictions that receive, or that
previously received, funding under section 2003 may apply for a
grant under the program established pursuant to subsection (a).
``(2) Additional jurisdictions.--Eligible applicants
receiving funding under the program established pursuant to
subsection (a) may include in activities funded by such program
neighboring jurisdictions that would be likely to provide
mutual aid in response to emerging terrorist attack scenarios,
including complex, coordinated terrorist attacks and active
shooters.
``(c) Permitted Uses.--The recipient of a grant under the program
established pursuant to subsection (a) may use such grant to--
``(1) identify capability gaps related to preparing for,
preventing, and responding to emerging terrorist attack
scenarios, including complex, coordinated terrorist attacks and
active shooters;
``(2) develop or update plans, annexes, and processes to
address any capability gaps identified pursuant to paragraph
(1);
``(3) conduct training to address such identified
capability gaps;
``(4) conduct exercises, including at locations such as
mass gathering venues, places of worship, or educational
institutions, as appropriate, to validate capabilities; and
``(5) pay for backfill associated with personnel
participating in training and exercises under paragraphs (3)
and (4).
``(d) 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 fewer than 36 months.
``(e) Information Sharing.--The Administrator shall, to the extent
practicable, aggregate, analyze, and share with relevant emergency
response providers information on best practices and lessons learned
from--
``(1) the planning, training, and exercises conducted using
grants authorized under the program established pursuant to
subsection (a); and
``(2) responses to actual terrorist attacks around the
world.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $39,000,000 for each of
fiscal years 2018 through 2022.''.
(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 2008 the following new item:
``Sec. 2009. Major metropolitan area counterterrorism training and
exercise grant program.''.
SEC. 122. CENTER FOR DOMESTIC PREPAREDNESS.
The Administrator of the Federal Emergency Management Agency shall
provide 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 updates and information on efforts to implement recommendations
related to the management review of the Chemical, Ordnance, Biological,
and Radiological Training Facility of the Center for Domestic
Preparedness of the Federal Emergency Management Agency, including, as
necessary, information on additional resources or authority needed to
implement such recommendations.
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.
(a) In General.--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 (11) by striking ``Assistant Secretary for
Grants and Training'' and inserting ``Administrator of the
Federal Emergency Management Agency'';
(5) in paragraph (13), as so redesignated, by striking
``and'' at the end;
(6) in paragraph (14), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(7) by adding at the end 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.''.
(b) Performance of Previously Transferred Functions.--Subsection
(d) of section 1801 of the Homeland Security Act of 2002 is amended
by--
(1) striking paragraph (2); and
(2) redesignating paragraph (3) as paragraph (2).
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 EDIT.
Paragraph (1) of section 1804(b) of the Homeland Security Act of
2002 (6 U.S.C. 574(b)), in the matter preceding subparagraph (A), by
striking ``Assistant Secretary for Grants and Planning'' and inserting
``Administrator 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 provide 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. 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
section 4 of the Department of Homeland Security Interoperable
Communications Act (Public Law 114-29; 6 U.S.C. 194 note), 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. CHIEF MEDICAL OFFICER.
Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is
amended--
(1) in subsection (c)--
(A) 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--'';
(B) 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'';
(C) 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'';
(D) in paragraph (5), by inserting ``emergency
medical services and medical first responder
stakeholders,'' after ``the medical community,'';
(E) in paragraph (6), by striking ``and'' at the
end;
(F) in paragraph (7), by striking the period and
inserting a semicolon; and
(G) by adding at the end 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 528, maintaining a
medical countermeasures stockpile and dispensing system, as
necessary, to facilitate personnel readiness, and protection
for the Department's employees and working animals 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
(2) by adding at the end the following new subsection:
``(d) Medical Liaisons.--The Chief Medical Officer 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. 302. MEDICAL COUNTERMEASURES PROGRAM.
(a) 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. 528. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for the Department's employees and working animals 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 of the Department 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.--Not 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 is amended by inserting at the end of
the items relating to title V the following new item:
``Sec. 528. 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 Programs with respect to the matters described in
subsection (b) as such matters 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 Programs.
(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 180 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 10102 of title 5, United States Code, is
amended by striking ``2007'' and inserting ``2018''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Communications and Technology.
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Referred to the Subcommittee on Emergency Preparedness, Response and Communications.