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H.R. 3583 — what changed

Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies Act

From Reported in House to Engrossed in House. 12 sections amended, 2 added, and 1 removed between Reported in House and Engrossed in House.

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:

“2009. Operation Stonegarden

“(a) Establishment—There is established in the Department a program to be known as “Operation Stonegarden”. Under such program, the Secretary, acting through the Administrator, shall make grants to eligible law enforcement agencies, through the State Administrative Agency, to enhance border security in accordance with this section.

“(b) Eligible recipients—To be eligible to receive a grant under this section, a law enforcement agency shall—

“(1) be located in—

“(A) a State bordering either Canada or Mexico; or

“(B) a State or territory with a maritime border; and

“(2) be involved in an active, ongoing U.S. Customs and Border Protection operation coordinated through a sector office.

“(c) Permitted uses—The recipient of a grant under this section may use such grant for any of the following:

“(1) Equipment, including maintenance and sustainment costs.

“(2) Personnel, including overtime and backfill, in support of enhanced border law enforcement activities.

“(3) Any activity permitted for Operation Stonegarden under the Department of Homeland Security’s Fiscal Year 2015 Homeland Security Grant Program Notice of Funding Opportunity.

“(4) Any other appropriate activity, as determined by the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection.

changed “(d) Authorization of appropriations—There is authorized to be appropriated $110,000,000 $55,000,000 for each of fiscal years 2016 through 2020 for grants under this section.

changed “(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. 104 Grants metrics

(a)
changed 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. 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)
changed 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 “create a planning “planning committee”.

Sec. 115 Approval of certain equipment

changed Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609), as amended by section 110, 609) is further amended by adding at the end the following new subsection:following:

changed “(h) “(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. 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)
changed in paragraph (11), as so redesignated, (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)
changed in paragraph (13), as so redesignated, by striking “and” at the end;end; and
(7)
removed in paragraph (14), as so redesignated, by striking the period at the end and inserting a semicolon; and
(7)
renumbered was (10) 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:

changed “(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. 206 Public Safety Broadband Network

changed 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)
changed In general— Title III Paragraph (2) of section 2004(b) of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) 605(b)) is amended by adding at the end the following new section:by—
(1)
added redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(2)
added inserting after subparagraph (A) the following new subparagraph:

added “(B)

added “(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—

added “(I) coordinating the daily operations of the State’s interoperability efforts;

added “(II) coordinating State interoperability and communications projects and grant applications for such projects;

added “(III) establishing and maintaining working groups to develop and implement key interoperability initiatives; and

added “(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

added “(ii) if a Statewide Interoperability Coordinator has not been designated in accordance with clause (i)—

added “(I) certification that the State is performing in another manner the functions described in subclauses (I) through (IV) of such clause; and

added “(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;”

removed “318. Social media working group

removed “(a) Establishment—The Secretary shall establish within the Department a social media working group (in this section referred to as the “Group”).

removed “(b) Purpose—In order to enhance the dissemination of information through social media technologies between the Department and appropriate stakeholders and to improve use of social media technologies in support of preparedness, response, and recovery, the Group shall identify, and provide guidance and best practices to the emergency preparedness and response community on the use of social media technologies before, during, and after acts of terrorism, natural disasters, and other emergencies.

removed “(c) Membership

removed “(1) In general—Membership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, territorial, and nongovernmental organization practitioners, including representatives from the following entities:

removed “(A) The Office of Public Affairs of the Department.

removed “(B) The Office of the Chief Information Officer of the Department.

removed “(C) The Privacy Office of the Department.

removed “(D) The Federal Emergency Management Agency.

removed “(E) The Office of Disability Integration and Coordination of the Federal Emergency Management Agency.

removed “(F) The American Red Cross.

removed “(G) The United States Forest Service.

removed “(H) The Centers for Disease Control and Prevention.

removed “(I) The United States Geological Survey.

removed “(J) The National Oceanic and Atmospheric Administration.

removed “(2) Chairperson, co-chairperson

removed “(A) Chairperson—The Secretary shall serve as the chairperson of the Group.

removed “(B) Co-Chairperson—The chairperson shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as the co-chairperson of the Group.

removed “(3) Additional members—The chairperson shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall—

removed “(A) be equal to or greater than the total number of regular members under paragraph (1); and

removed “(B) include—

removed “(i) not fewer than three representatives from the private sector; and

removed “(ii) representatives from—

removed “(I) State, local, tribal, and territorial entities, including from—

removed “(aa) law enforcement;

removed “(bb) fire services;

removed “(cc) emergency medical services;

removed “(dd) emergency management; and

removed “(ee) public health entities;

removed “(II) universities and academia; and

removed “(III) nonprofit disaster relief organizations.

removed “(4) Term limits—The chairperson shall establish term limits for individuals appointed to the Group under paragraph (3).

removed “(d) Consultation With Non-Members—To the extent practicable, the Group shall work with entities in the public and private sectors to carry out subsection (b).

removed “(e) Meetings

removed “(1) Initial meeting—Not later than 90 days after the date of the enactment of this section, the Group shall hold its initial meeting.

removed “(2) Subsequent meetings—After the initial meeting under paragraph (1), the Group shall meet—

removed “(A) at the call of the chairperson; and

removed “(B) not less frequently than twice each year.

removed “(3) Virtual meetings—Each meeting of the Group may be held virtually.

removed “(f) Reports—During each year in which the Group meets, the Group shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following:

removed “(1) A review and analysis of current and emerging social media technologies being used to support preparedness, response, and recovery activities related to acts of terrorism, natural disasters, and other emergencies.

removed “(2) A review of best practices and lessons learned on the use of social media technologies during the response to acts of terrorism, natural disasters, and other emergencies that occurred during the period covered by the report at issue.

removed “(3) Recommendations to improve the Department’s use of social media technologies for emergency management purposes.

removed “(4) Recommendations to improve public awareness of the type of information disseminated through social media technologies, and how to access such information, during acts of terrorism, natural disasters, and other emergencies.

removed “(5) A review of available training for Federal, State, local, tribal, and territorial officials on the use of social media technologies in response to acts of terrorism, natural disasters, and other emergencies.

removed “(6) A review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.

removed “(g) Duration of Group

removed “(1) In general—The Group shall terminate on the date that is five years after the date of the enactment of this section unless the chairperson renews the Group for a successive five-year period before the date on which the Group would otherwise terminate by submitting to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives a certification that the continued existence of the Group is necessary to fulfill the purpose described in subsection (b).

removed “(2) Continued renewal—The chairperson may continue to renew the Group for successive five-year periods by submitting a certification in accordance with paragraph (1) before the date on which the Group would otherwise terminate.”

(b)
changed Clerical amendment—Limitation on application— The table of contents in 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 1(b) 2004 of the Homeland Security Act of 2002 is amended by inserting after (6 U.S.C. 605) before the item relating to section 317 date of the following new item:enactment of this section.

Sec. 208 Communications training

added 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.

(a)
removed 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)
removed redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(2)
removed inserting after subparagraph (A) the following new subparagraph:

removed “(B)

removed “(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—

removed “(I) coordinating the daily operations of the State’s interoperability efforts;

removed “(II) coordinating State interoperability and communications projects and grant applications for such projects;

removed “(III) establishing and maintaining working groups to develop and implement key interoperability initiatives; and

removed “(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

removed “(ii) if a Statewide Interoperability Coordinator has not been designated in accordance with clause (i)—

removed “(I) certification that the State is performing in another manner the functions described in subclauses (I) through (IV) of such clause; and

removed “(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)
removed Limitation on application— The amendment made by subsection (a) shall not apply with respect to any grant for which an application was submitted under the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605) before the date of the enactment of this section.

Sec. 209 Communications training

removed

removed 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.

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)
changed in paragraph (5), by inserting “emergency medical services and medical first responder stakeholders,” after “the medical community,”;community”;
(5)
changed in paragraph (6), by striking “and” at the end;end; and
(6)
removed in paragraph (7), by striking the period at the end and inserting a semicolon; and
(6)
renumbered was (2)(9) 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. 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)
added 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)
renumbered was (4) 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)
renumbered was (4)(3) 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)
renumbered was (4)(4) a strategy for capturing financial, human capital, information technology, real property planning, and acquisition data.

Sec. 403 Strategic human capital plan

changed Subsection (c) of section 10102 10107 of title 5, United States Code, is amended by striking “2007” and inserting “2016”.

Sec. 501 Claims adjustment and engineering reports

added

added 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:

added “(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:

added “(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.

added “(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.

added “(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.

added “(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—

added “(A) is based on such on-site inspection;

added “(B) contains final conclusions with respect to an engineering issue or issues involved in such claim; and

added “(C) is signed by the responsible in charge or affixed with the seal of such responsible in charge, or both.

added “(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:

added “(1) Timing—Such report may not be transmitted to any other person, employer, agency, or entity, before it is transmitted to the insured.

added “(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.

added “(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.

added “(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

added
(a)
added Government program with industry assistance— Section 1341 of the National Flood Insurance Act of 1968 (42 U.S.C. 4072) is amended by striking “within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator” and inserting the following: “not later than the expiration of the 2-year period beginning upon the date of the occurrence of the losses involved in such claim or, in the case of a denial of a claim for losses that is appealed to the Administrator, not later than (1) the expiration of the 90-day period beginning upon the date of a final determination upon appeal denying such claim in whole or in part, or (2) the expiration of such 2-year period, whichever is later”.
(b)
added 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”.