[House Report 114-455]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-455
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
PROMOTING RESILIENCE AND EFFICIENCY IN PREPARING FOR ATTACKS AND
RESPONDING TO EMERGENCIES ACT
_______
March 16, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 3583]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 13
Background and Need for Legislation.............................. 14
Hearings......................................................... 14
Committee Consideration.......................................... 15
Committee Votes.................................................. 15
Committee Oversight Findings..................................... 16
New Budget Authority, Entitlement Authority, and Tax Expenditures 16
Congressional Budget Office Estimate............................. 16
Statement of General Performance Goals and Objectives............ 18
Duplicative Federal Programs..................................... 18
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 18
Federal Mandates Statement....................................... 19
Preemption Clarification......................................... 19
Disclosure of Directed Rule Makings.............................. 19
Advisory Committee Statement..................................... 19
Applicability to Legislative Branch.............................. 20
Section-by-Section Analysis of the Legislation................... 20
Changes in Existing Law Made by the Bill, as Reported............ 26
Committee Correspondence......................................... 75
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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. Department of Homeland Security social media improvement.
Sec. 208. Statewide interoperability coordinators.
Sec. 209. Communications training.
TITLE III--MEDICAL PREPAREDNESS
Sec. 301. Pre-event anthrax vaccination program for emergency response
providers.
Sec. 302. Chief Medical Officer.
Sec. 303. Medical Countermeasures Program.
TITLE IV--MANAGEMENT
Sec. 401. Mission support.
Sec. 402. Systems modernization.
Sec. 403. Strategic human capital plan.
Sec. 404. Activities related to children.
TITLE I--GRANTS, TRAINING, EXERCISES, AND COORDINATION
SEC. 101. MEMORANDA OF UNDERSTANDING.
(a) In General.--Subtitle B of title XX of the Homeland Security Act
of 2002 (6 U.S.C. 611 et seq.) is amended by adding at the end the
following new section:
``SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL COMPONENTS
AND OFFICES.
``The Administrator shall enter into memoranda of understanding with
the heads of the following departmental components and offices
delineating the roles and responsibilities of such components and
offices regarding the policy and guidance for grants under section 1406
of the Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135), sections 2003 and 2004 of this Act, and section 70107
of title 46, United States Code, as appropriate:
``(1) The Commissioner of U.S. Customs and Border Protection.
``(2) The Administrator of the Transportation Security
Administration.
``(3) The Commandant of the Coast Guard.
``(4) The Under Secretary for Intelligence and Analysis.
``(5) The Director of the Office of Emergency Communications.
``(6) The Assistant Secretary for State and Local Law
Enforcement.
``(7) The Countering Violent Extremism Coordinator.
``(8) The Officer for Civil Rights and Civil Liberties.
``(9) The heads of other components or offices of the
Department, as determined by the Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 2023 the following new item:
``Sec. 2024. Memoranda of understanding with departmental components
and offices.''.
SEC. 102. PERIOD OF PERFORMANCE.
(a) Urban Area Security Initiative.--Section 2003 of the Homeland
Security Act of 2002 (6 U.S.C. 604) is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d) the following new
subsection:
``(e) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.''.
(b) State Homeland Security Grant Program.--Section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605) is amended by--
(1) redesignating subsection (f) as subsection (g); and
(2) inserting after subsection (e) the following the new
subsection:
``(f) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.''.
(c) Public Transportation Security Assistance Grant Program.--Section
1406 of the Implementing Recommendations of the 9/11 Commission Act (6
U.S.C. 1135; Public Law 110-53) is amended by--
(1) redesignating subsection (m) as subsection (n); and
(2) inserting after subsection (l) the following new
subsection:
``(m) Period of Performance.--The Secretary shall make funds provided
under this section available for use by a recipient of a grant for a
period of not less than 36 months.''.
(d) Port Security Grant Program.--Section 70107 of title 46, United
States Code, is amended by adding at the end the following new
subsection:
``(n) Period of Performance.--The Secretary shall make funds provided
under this section available for use by a recipient of a grant for a
period of not less than 36 months.''.
(e) Tribal Security Grant Program.--Section 2005 of the Homeland
Security Act of 2002 (6 U.S.C. 606) is amended by--
(1) redesignating subsections (h) through (k) subsections (i)
through (l), respectively; and
(2) inserting after subsection (g) the following new
subsection:
``(h) Period of Performance.--The Secretary shall make funds provided
under this section available for use by a recipient of a grant for a
period of not less than 36 months.''.
SEC. 103. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security Act
of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden'. Under such program, the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State Administrative
Agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering either Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) be involved in an active, ongoing U.S. Customs and
Border Protection operation coordinated through a sector
office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for any of the following:
``(1) Equipment, including maintenance and sustainment costs.
``(2) Personnel, including overtime and backfill, in support
of enhanced border law enforcement activities.
``(3) Any activity permitted for Operation Stonegarden under
the Department of Homeland Security's Fiscal Year 2015 Homeland
Security Grant Program Notice of Funding Opportunity.
``(4) Any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2016 through 2020
for grants under this section.
``(e) Report.--The Administrator shall annually submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report containing information on the expenditure of grants made under
this section by each grant recipient.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) 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 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 ``create a planning committee''.
SEC. 107. FUNDING PROHIBITION.
The Secretary of Homeland Security may not implement the National
Preparedness Grant Program or any successor grant program unless the
Secretary receives prior authorization from Congress permitting such
implementation.
SEC. 108. LAW ENFORCEMENT TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--Subsection (a) of
section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in paragraph (1)--
(A) by inserting ``States and high-risk urban areas
use'' after ``that''; and
(B) by striking ``is used''; and
(2) in paragraph (2), by amending subparagraph (I) to read as
follows:
``(I) activities as determined appropriate by the
Administrator, in coordination with the Assistant
Secretary for State and Local Law Enforcement within
the Office of Policy of the Department, through
outreach to relevant stakeholder organizations.''.
(b) Office for State and Local Law Enforcement.--Subsection (b)(4) of
section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in subparagraph (B), by inserting ``, including through
consultation with such agencies regarding Department programs
that may impact such agencies'' before the semicolon; and
(2) in subparagraph (D), by striking ``ensure'' and inserting
``certify''.
SEC. 109. ALLOWABLE USES.
Subsection (a) of section 2008 of the Homeland Security Act of 2002
(6 U.S.C. 609) is amended--
(1) in the matter preceding paragraph (1), by inserting
``including by working in conjunction with a National
Laboratory (as defined in section 2(3) of the Energy Policy Act
of 2005 (42 U.S.C. 15801(3))),'' after ``plans,'';
(2) by redesignating paragraphs (6) through (13) as
paragraphs (7) through (14), respectively;
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) enhancing medical preparedness, medical surge capacity,
and mass prophylaxis capabilities, including the development
and maintenance of an initial pharmaceutical stockpile,
including medical kits and diagnostics sufficient to protect
first responders, their families, immediate victims, and
vulnerable populations from a chemical or biological event;'';
and
(4) in subsection (b)(3)(B), by striking ``(a)(10)'' and
inserting ``(a)(11)''.
SEC. 110. MAINTENANCE OF GRANT INVESTMENTS.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended by adding at the end the following new subsection:
``(g) Maintenance of Equipment.--Any applicant for a grant under
section 2003 or 2004 seeking to use funds to purchase equipment,
including pursuant to paragraphs (3), (4), (5), or (9) of subsection
(a) of this section, shall by the time of the receipt of such grant
develop a plan for the maintenance of such equipment over its life-
cycle that includes information identifying which entity is responsible
for such maintenance.''.
SEC. 111. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Section 1204 of the Implementing Recommendations of the 9/11
Commission Act (6 U.S.C. 1102) is amended--
(1) in subsection (d), by amending paragraphs (1) and (2) to
read as follows:
``(1) for the Center for Domestic Preparedness, $65,000,000
for each of fiscal years 2016 and 2017; and
``(2) for the remaining Members of the National Domestic
Preparedness Consortium, $98,000,000 for each of fiscal years
2016 and 2017.''; and
(2) in subsection (e), in the matter preceding paragraph (1),
by striking ``2007'' and inserting ``2015''.
SEC. 112. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary of Homeland Security is authorized to
establish a Rural Domestic Preparedness Consortium within the
Department of Homeland Security consisting of universities and
nonprofit organizations qualified to provide training to emergency
response providers from rural communities.
(b) Duties.--The Rural Domestic Preparedness Consortium authorized
under subsection (a) shall identify, develop, test, and deliver
training to State, local, and tribal emergency response providers from
rural communities, provide on-site and mobile training, and facilitate
the delivery of training by the training partners of the Department of
Homeland Security.
(c) Authorization of Appropriations.--Of amounts appropriated for
Continuing Training Grants of the Department of Homeland Security,
$5,000,000 is authorized to be used for the Rural Domestic Preparedness
Consortium authorized under subsection (a).
SEC. 113. EMERGENCY SUPPORT FUNCTIONS.
(a) Update.--Paragraph (13) of section 504(a) of the Homeland
Security Act of 2002 (6 U.S.C. 314(a)) is amended by inserting ``,
periodically updating (but not less often than once every five
years),'' after ``administering''.
(b) Emergency Support Functions.--Section 653 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 753; title VI of the
Department of Homeland Security Appropriations Act, 2007; Public Law
109-295) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Coordination.--The President, acting through the Administrator,
shall develop and provide to Federal departments and agencies with
coordinating, primary, or supporting responsibilities under the
National Response Framework performance metrics to ensure readiness to
execute responsibilities under the emergency support functions of such
Framework.''.
SEC. 114. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.
Paragraph (2) of section 509(b) of the Homeland Security Act of 2002
(6 U.S.C. 319(b)) is amended, in the matter preceding subparagraph (A),
by inserting ``, but not less often than once every five years,'' after
``periodically''.
SEC. 115. APPROVAL OF CERTAIN EQUIPMENT.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609), as
amended by section 110, is further amended by adding at the end the
following new subsection:
``(h) Review Process.--The Administrator shall develop and implement
a uniform process for reviewing applications to use grants provided
under section 2003 or 2004 to purchase equipment or systems not
included on the Authorized Equipment List maintained by the
Administrator.''.
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 (11), as so redesignated, 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;
(7) in paragraph (14), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(8) by adding after paragraph (14), as so redesignated, the
following new paragraphs:
``(15) administer the Government Emergency Telecommunications
Service (GETS) and Wireless Priority Service (WPS) programs, or
successor programs; and
``(16) assess the impact of emerging technologies on
interoperable emergency communications.''.
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 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 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. DEPARTMENT OF HOMELAND SECURITY SOCIAL MEDIA IMPROVEMENT.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 318. SOCIAL MEDIA WORKING GROUP.
``(a) Establishment.--The Secretary shall establish within the
Department a social media working group (in this section referred to as
the `Group').
``(b) Purpose.--In order to enhance the dissemination of information
through social media technologies between the Department and
appropriate stakeholders and to improve use of social media
technologies in support of preparedness, response, and recovery, the
Group shall identify, and provide guidance and best practices to the
emergency preparedness and response community on the use of social
media technologies before, during, and after acts of terrorism, natural
disasters, and other emergencies.
``(c) Membership.--
``(1) In general.--Membership of the Group shall be composed
of a cross section of subject matter experts from Federal,
State, local, tribal, territorial, and nongovernmental
organization practitioners, including representatives from the
following entities:
``(A) The Office of Public Affairs of the Department.
``(B) The Office of the Chief Information Officer of
the Department.
``(C) The Privacy Office of the Department.
``(D) The Federal Emergency Management Agency.
``(E) The Office of Disability Integration and
Coordination of the Federal Emergency Management
Agency.
``(F) The American Red Cross.
``(G) The United States Forest Service.
``(H) The Centers for Disease Control and Prevention.
``(I) The United States Geological Survey.
``(J) The National Oceanic and Atmospheric
Administration.
``(2) Chairperson, co-chairperson.--
``(A) Chairperson.--The Secretary shall serve as the
chairperson of the Group.
``(B) Co-chairperson.--The chairperson shall
designate, on a rotating basis, a representative from a
State or local government who is a member of the Group
to serve as the co-chairperson of the Group.
``(3) Additional members.--The chairperson shall appoint, on
a rotating basis, qualified individuals to the Group. The total
number of such additional members shall--
``(A) be equal to or greater than the total number of
regular members under paragraph (1); and
``(B) include--
``(i) not fewer than three representatives
from the private sector; and
``(ii) representatives from--
``(I) State, local, tribal, and
territorial entities, including from--
``(aa) law enforcement;
``(bb) fire services;
``(cc) emergency medical
services;
``(dd) emergency management;
and
``(ee) public health
entities;
``(II) universities and academia; and
``(III) nonprofit disaster relief
organizations.
``(4) Term limits.--The chairperson shall establish term
limits for individuals appointed to the Group under paragraph
(3).
``(d) Consultation With Non-Members.--To the extent practicable, the
Group shall work with entities in the public and private sectors to
carry out subsection (b).
``(e) Meetings.--
``(1) Initial meeting.--Not later than 90 days after the date
of the enactment of this section, the Group shall hold its
initial meeting.
``(2) Subsequent meetings.--After the initial meeting under
paragraph (1), the Group shall meet--
``(A) at the call of the chairperson; and
``(B) not less frequently than twice each year.
``(3) Virtual meetings.--Each meeting of the Group may be
held virtually.
``(f) Reports.--During each year in which the Group meets, the Group
shall submit to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes the following:
``(1) A review and analysis of current and emerging social
media technologies being used to support preparedness,
response, and recovery activities related to acts of terrorism,
natural disasters, and other emergencies.
``(2) A review of best practices and lessons learned on the
use of social media technologies during the response to acts of
terrorism, natural disasters, and other emergencies that
occurred during the period covered by the report at issue.
``(3) Recommendations to improve the Department's use of
social media technologies for emergency management purposes.
``(4) Recommendations to improve public awareness of the type
of information disseminated through social media technologies,
and how to access such information, during acts of terrorism,
natural disasters, and other emergencies.
``(5) A review of available training for Federal, State,
local, tribal, and territorial officials on the use of social
media technologies in response to acts of terrorism, natural
disasters, and other emergencies.
``(6) A review of coordination efforts with the private
sector to discuss and resolve legal, operational, technical,
privacy, and security concerns.
``(g) Duration of Group.--
``(1) In general.--The Group shall terminate on the date that
is five years after the date of the enactment of this section
unless the chairperson renews the Group for a successive five-
year period before the date on which the Group would otherwise
terminate by submitting to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives a certification
that the continued existence of the Group is necessary to
fulfill the purpose described in subsection (b).
``(2) Continued renewal.--The chairperson may continue to
renew the Group for successive five-year periods by submitting
a certification in accordance with paragraph (1) before the
date on which the Group would otherwise terminate.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 317 the following new item:
``Sec. 318. Social media working group.''.
SEC. 208. STATEWIDE INTEROPERABILITY COORDINATORS.
(a) In General.--Paragraph (2) of section 2004(b) of the Homeland
Security Act of 2002 (6 U.S.C. 605(b)) is amended by--
(1) redesignating subparagraphs (B) and (C) as subparagraphs
(C) and (D), respectively; and
(2) inserting after subparagraph (A) the following new
subparagraph:
``(B)(i) certification that the Governor of the State
has designated a Statewide Interoperability
Coordinator, including identification in such
certification of the individual so designated, who
shall be responsible for--
``(I) coordinating the daily operations of
the State's interoperability efforts;
``(II) coordinating State interoperability
and communications projects and grant
applications for such projects;
``(III) establishing and maintaining working
groups to develop and implement key
interoperability initiatives; and
``(IV) coordinating and updating, as
necessary, a Statewide Communications
Interoperability Plan that specifies the
current status of State efforts to enhance
communications interoperability within the
State, including progress, modifications, or
setbacks, and future goals for communications
interoperability among emergency response
agencies in the State; or
``(ii) if a Statewide Interoperability Coordinator
has not been designated in accordance with clause (i)--
``(I) certification that the State is
performing in another manner the functions
described in subclauses (I) through (IV) of
such clause; and
``(II) identification in such certification
of an individual who has been designated by the
State as the primary point of contact for
performance of such functions;''.
(b) Limitation on Application.--The amendment made by subsection (a)
shall not apply with respect to any grant for which an application was
submitted under the State Homeland Security Grant Program under section
2004 of the Homeland Security Act of 2002 (6 U.S.C. 605) before the
date of the enactment of this section.
SEC. 209. COMMUNICATIONS TRAINING.
The Under Secretary for Management of the Department of Homeland
Security, in coordination with the appropriate component heads, shall
develop a mechanism, consistent with the strategy required pursuant to
the Department of Homeland Security Interoperable Communications Act
(Public Law 114-29), 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;
(6) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(7) by adding after paragraph (7) the following new
paragraphs:
``(8) ensuring that the workforce of the Department has
evidence-based policy, standards, requirements, and metrics for
occupational health and operational medicine programs;
``(9) directing and maintaining a coordinated system for
medical support for the Department's operational activities;
``(10) providing oversight of the Department's medical
programs and providers, including--
``(A) reviewing and maintaining verification of the
accreditation of the Department's health provider
workforce;
``(B) developing quality assurance and clinical
policy, requirements, standards, and metrics for all
medical and health activities of the Department;
``(C) providing oversight of medical records systems
for employees and individuals in the Department's care
and custody; and
``(D) providing medical direction for emergency
medical services activities of the Department; and
``(11) as established under section 527, maintaining a
medical countermeasures stockpile and dispensing system, as
necessary, to facilitate personnel readiness, and protection
for working animals, employees, and individuals in the
Department's care and custody in the event of a chemical,
biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic.''.
(b) Medical Liaisons.--The Chief Medical Officer of the Department of
Homeland Security may provide medical liaisons to the components of the
Department to provide subject matter expertise on medical and public
health issues and a direct link to the Chief Medical Officer. Such
expertise may include the following:
(1) Providing guidance on health and medical aspects of
policy, planning, operations, and workforce health protection.
(2) Identifying and resolving component medical issues.
(3) Supporting the development and alignment of medical and
health systems.
(4) Identifying common gaps in medical and health standards,
policy, and guidance, and enterprise solutions to bridge such
gaps.
SEC. 303. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by section 301 of this Act, is further
amended by adding at the end the following new section:
``SEC. 527. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for working animals, employees, and individuals in the
Department's care and custody, in the event of a chemical, biological,
radiological, nuclear, or explosives attack, naturally occurring
disease outbreak, or pandemic, and to support Department mission
continuity.
``(b) Oversight.--The Chief Medical Officer, established under
section 516, shall provide programmatic oversight of the medical
countermeasures program established pursuant to subsection (a), and
shall--
``(1) develop Department-wide standards for medical
countermeasure storage, security, dispensing, and
documentation;
``(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
``(3) preposition appropriate medical countermeasures in
strategic locations nationwide, based on threat and employee
density, in accordance with applicable Federal statutes and
regulations;
``(4) provide oversight and guidance on dispensing of
stockpiled medical countermeasures;
``(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic;
``(6) provide training to Department employees on medical
countermeasure dispensing; and
``(7) support dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Chief Medical
Officer shall establish a medical countermeasures working group
comprised of representatives from appropriate components and offices of
the Department to ensure that medical countermeasures standards are
maintained and guidance is consistent.
``(d) Medical Countermeasures Management.--Not later than 180 days
after the date of the enactment of this section, the Chief Medical
Officer shall develop and submit to the Secretary an integrated
logistics support plan for medical countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
``(e) Stockpile Elements.--In determining the types and quantities of
medical countermeasures to stockpile under subsection (d), the Chief
Medical Officer shall utilize, if available--
``(1) Department chemical, biological, radiological, and
nuclear risk assessments; and
``(2) Centers for Disease Control and Prevention guidance on
medical countermeasures.
``(f) Report.--No later than 180 days after the date of the enactment
of this section, the Chief Medical Officer shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
on progress in achieving the requirements of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002, as amended by section 301 of this Act,
is further amended by inserting at the end of the items relating to
title V the following new item:
``Sec. 527. Medical countermeasures.''.
TITLE IV--MANAGEMENT
SEC. 401. MISSION SUPPORT.
(a) Establishment.--The Administrator of the Federal Emergency
Management Agency shall designate an individual to serve as the chief
management official and principal advisor to the Administrator on
matters related to the management of the Federal Emergency Management
Agency, including management integration in support of emergency
management operations and programs.
(b) Mission and Responsibilities.--The Administrator of the Federal
Emergency Management Agency, acting through the official designated
pursuant to subsection (a), shall be responsible for the management and
administration of the Federal Emergency Management Agency, including
with respect to the following:
(1) Procurement.
(2) Human resources and personnel.
(3) Information technology and communications systems.
(4) Real property investment and planning, facilities,
accountable personal property (including fleet and other
material resources), records and disclosure, privacy, safety
and health, and sustainability and environmental management.
(5) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
(6) Any other management duties that the Administrator may
designate.
(c) 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 10102 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.''.
Purpose and Summary
The purpose of H.R. 3583 is 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.
Background and Need for Legislation
The Promoting Resilience and Efficiency in Preparing for
Attacks and Responding to Emergencies (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. Part of
the Committee's authorization process, the PREPARE Act builds
efficiencies and increases coordination for preparedness
improvements, while providing greater accountability for
taxpayers.
Hearings
While the Committee on Homeland Security did not hold a
legislative hearing, the legislation was informed by a number
of hearings, briefings, and meetings held by the Subcommittee
on Emergency Preparedness, Response, and Communications in the
112th, 113th, and 114th Congresses.
In the 112th and 113th Congresses, the Subcommittee held
numerous hearings on the Federal Emergency Management Agency's
management and administration of homeland security grant
programs. On March 19, 2013, the Subcommittee held a hearing
entitled, ``Homeland Security Grants: Measuring Our
Investments.'' On March 20, 2012, the Subcommittee held a
hearing entitled, ``Ensuring the Transparency, Efficiency, and
Effectiveness of Homeland Security Grants.'' The Subcommittee
continued its series of hearings on grants with Part II of that
hearing, Ensuring the Transparency, Efficiency, and
Effectiveness of Homeland Security Grants (Part II):
Stakeholder Perspectives on April 26, 2012. These hearings,
along with countless meetings with stakeholders and FEMA
officials, informed the grants provisions in this bill.
The Communications title of the legislation was informed by
meetings with Department officials and stakeholders, in
addition to the Subcommittee's November 18, 2014 hearing,
``Interoperable Communications: Assessing Progress Since 9/
11.''
The Subcommittee has held numerous hearings in the 112th,
113th, and 114th Congresses on medical preparedness, the threat
of chemical and biological terrorism, and the need for robust
medical countermeasures programs, including:
Agents of Opportunity: Responding to the Threat of
Chemical Terrorism. March 19, 2015
Strategic Perspectives on the Bioterrorism Threat.
April 22, 2015
Bioterrorism: Assessing the Threat. February 11, 2014
BioWatch: Lessons Learned and the Path Forward. June
10, 2014
Ebola in the Homeland: The Importance of Effective
International, Federal, State, and Local Coordination.
October 10, 2014
Taking Measure of Countermeasures (Part I): A Review of
Government and Industry Efforts to Protect the Homeland
Through Accelerated Research, Development, and
Acquisition of Chemical, Biological, Radiological, and
Nuclear Medical Countermeasures. April 13, 2011
Taking Measure of Countermeasures (Part II): A Review
of Efforts to Protect the Homeland Through Distribution
and Dispensing of CBRN Medical Countermeasures.'' May
12, 2011
Taking Measure of Countermeasures (Part III):
Protecting the Protectors
These hearings, along with meetings with Department
officials and stakeholders, informed the Medical Preparedness
title of the PREPARE Act.
Over the course of the 114th Congress, the Subcommittee has
held a number of meetings with management officials from the
Federal Emergency Management Agency. These meetings informed
the Management title of the bill.
Committee Consideration
The Committee met on September 30, 2015, to consider H.R.
3583, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An en bloc amendment offered by Mr. Payne (#1); was AGREED TO
by voice vote.
Consisting of the following amendments:
Page 14, beginning line 7, insert a new section entitled ``Sec.
110. Maintenance of Grant Investments.''
Page 16, line 14, insert a new section entitled ``Sec. 113.
Approval of Certain Equipment.''
Page 30, line 10, after ``receive'' insert ``initial and
ongoing''.
Page 35, line 6, insert the following (and redesignate subsequent
paragraphs accordingly): (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
consequent events utilizing chemical, biological, radiological, or
nuclear agents or explosives''.
In title IV, add at the end a new section entitled ``Sec. 404.
Activities Related to Children.''
An en bloc amendment offered by Mr. Thompson of Mississippi
(#2); was AGREED TO by voice vote.
Consisting of the following amendments:
Page 4, line 7, insert the following (and redesignate subsequent
paragraphs accordingly): ``(8) The Officer for Civil Rights and Civil
Liberties.''.
Page 16, line 14, insert a new section entitled ``Sec. 113. Review
of National Incident Management System.''
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R.3583.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3583, the Promoting Resilience and Efficiency in Preparing for
Attacks and Responding to Emergencies Act, would result in no
new or increased budget authority, entitlement authority, or
tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 1, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3583, the PREPARE
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 3583--PREPARE Act
Summary: H.R. 3583 would specifically authorize the
appropriation of $901 million over the 2016-2020 period for
several programs administered by the Federal Emergency
Management Agency (FEMA) in the Department of Homeland Security
(DHS). CBO estimates that the bill also would authorize the
appropriation of $6 million over the 2016-2020 period for other
FEMA and DHS activities.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 3583 would cost $505 million
over the 2016-2020 period. The remaining amounts would be spent
in the years after 2020. Pay-as-you-go procedures do not apply
to this legislation because it would not affect direct spending
or revenues.
CBO estimates that enacting H.R. 3583 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2016.
H.R. 3583 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3583 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 281 279 116 116 116 907
Estimated Outlays....................................... 22 62 106 146 169 505
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
necessary amounts will be appropriated near the start of each
fiscal year and that outlays will follow the historical rate of
spending for those and similar activities.
H.R. 3583 would specifically authorize the appropriation
of:
$110 million annually over the 2016-2020
period for Operation Stonegarden, through which FEMA
would make grants to state, local, and tribal law
enforcement agencies to enhance border security;
$163 million annually over the 2016-2017
period for the National Domestic Preparedness
Consortium within FEMA, which provides training to
state, local, and tribal emergency response providers;
and
$5 million annually for the Rural Domestic
Preparedness Consolidation program to provide training
to emergency response providers for rural communities.
In total, CBO estimates that implementing those provisions
would cost $499 million, assuming appropriation of the
authorized amounts.
H.R. 3583 also would direct DHS, in consultation with the
Department of Health and Human Services (HHS), to provide
anthrax vaccines from the Strategic National Stockpile to first
responders who volunteer to receive them. The bill would direct
DHS to provide educational outreach for the program and to
establish a pilot program in at least two states to begin
providing the vaccine. Based on information provided by DHS and
HHS, CBO estimates that implementing this provision would cost
about $4 million over the 2016-2020 period (nearly $1 million
per year).
In addition, H.R. 3583 would require FEMA and other DHS
offices to prepare several reports and provide training
relating to emergency response issues. Based on the cost of
similar undertakings, CBO estimates that those activities would
cost about $2 million in 2016.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 3583
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal governments would
benefit from federal assistance for border security. Any costs
to those entities would be incurred voluntarily as a condition
of receiving federal assistance.
Previous CBO estimates: CBO has prepared three estimates
for bills that are similar to provisions of H.R. 3583. In
particular:
On May 13, 2015, CBO transmitted a cost
estimate for H.R. 623, the DHS Social Media Improvement
Act of 2015, as ordered reported by the Senate
Committee on Homeland Security and Government Affairs
on May 6, 2015;
On May 28, 2015, CBO transmitted a cost
estimate for H.R. 2206, the State Wide Interoperable
Communications Enhancement Act, as ordered reported by
the House Committee on Homeland Security on May 20,
2015; and
On June 24, 2015, CBO transmitted a cost
estimate for H.R. 1300, the First Responder Anthrax
Preparedness Act, as ordered reported by the House
Committee on Homeland Security on May 20, 2015.
Each of those bills contains provisions that are
substantively similar to provisions of H.R. 3583 and in all
cases our estimates of the budgetary effects are the same.
Estimate prepared by: Federal costs: Mark Grabowicz; Impact
on state, local, and tribal governments: Melissa Merrell;
Impact on the private sector: Logan Smith.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 3583 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 3583 seeks to reform and improve the Federal Emergency
Management Agency, Office of Emergency Communications, and the
Office of Health Affairs of the Department of Homeland
Security. To that end, the bill requires FEMA to develop
metrics for the State Homeland Security Grant Program and Urban
Area Security Initiative; share information on grants
management best practices; provide guidance to Emergency
Support Function lead agencies to ensure readiness; develop a
remedial action management program; appoint a chief management
official; develop a strategic human capital plan, and report on
efforts to modernize its grants and financial information
technology systems. The bill requires the Office of Emergency
Communications to annually report on its activities and
periodically update the National Emergency Communications Plan.
H.R. 3583 authorizes the Department's medical countermeasures
program to facilitate personnel readiness, and protection for
working animals, employees, and individuals in the Department's
care and custody.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 3583 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3583 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3583 would require no
directed rule makings.
Advisory Committee Statement
In compliance with section 5(b) of the Federal Advisory
Committee Act, requiring the report of any Committee
establishing, or authorizing the establishment of any advisory
committee to include a statement as to whether the functions of
the proposed advisory committee are being or could be performed
by one or more agencies or by an advisory committee already in
existence, or by enlarging the mandate of an existing advisory
committee.
H.R. 3583 authorizes within the Department a social media
working group to 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.
Membership of the Group shall be composed of a cross
section of subject matter experts from Federal, State, local,
tribal, territorial, and nongovernmental organization
practitioners, including representatives from the following
entities:
(A) The Office of Public Affairs of the Department.
(B) The Office of the Chief Information Officer of the
Department.
(C) The Privacy Office of the Department.
(D) The Federal Emergency Management Agency.
(E) The Office of Disability Integration and Coordination of
the Federal Emergency Management Agency.
(F) The American Red Cross.
(G) The United States Forest Service.
(H) The Centers for Disease Control and Prevention.
(I) The United States Geological Survey.
(J) The National Oceanic and Atmospheric Administration.
In addition to the Members listed above, the bill requires
the Secretary, as the working Group's chairperson, to appoint,
on a rotating basis, qualified individuals to the Group,
including not fewer than three representatives from the private
sector and representatives from state, local, tribal, and
territorial entities; university and academia; and nonprofit
disaster relief organizations.
The bill authorizes the Group for five years. The Secretary
may extend the term of the Group for additional five-year terms
upon certification to Congress that the continuation of the
group is necessary.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that bill may be cited as the
``Promoting Resilience and Efficiency in Preparing for Attacks
and Responding to Emergencies Act''.
Title I--Grants, Training, Exercises, and Coordination
Sec. 101. Memoranda of Understanding.
This section requires the Administrator of the Federal
Emergency Management Agency (FEMA) to enter into memoranda of
understanding with subject matter experts from other Department
of Homeland Security (DHS) components and offices to ensure
subject matter experts are involved in policy decisions
relating to the State Homeland Security Grant Program, Urban
Area Security Initiative, Port Security Grant Program, and
Transit Security Grant Program.
Sec. 102. Period of Performance.
This section sets the period of performance for the State
Homeland Security Grant Program, Urban Area Security
Initiative, Port Security Grant Program, Transit Security Grant
Program, and Tribal Security Grant Program at 36 months.
In an effort to reduce the amount of unexpended grant funds
on the books, in February 2012, FEMA reduced the period of
performance for a number of grant programs to 24 months while
simultaneously reducing the prevalence of extensions of the
period of performance, which had become common practice. The
Committee is supportive of FEMA's efforts to ensure the
expeditious expenditure of grant funds. However, the Committee
shared the concern of grant recipients that a 24-month period
of performance did not provide sufficient time to complete
projects, particularly at the subgrantee level.
It appears that the enforcement of the period of
performance through the denial of most extension requests,
rather than a reduction of the period of performance, was the
catalyst for reducing unspent balances. The Committee supports
FEMA's decision to revert to a 36-month period of performance
for grants programs and this section codifies that timeframe
and encourages the continued enforcement of that deadline.
Sec. 103. Operation Stonegarden.
This section authorizes the Operation Stonegarden border
security grant program at $110,000,000. This provision is
nearly identical to a provision approved by the Committee in
January 2015 in the Secure Our Borders First Act of 2015.
Sec. 104. Grants Metrics.
This section requires FEMA to use information provided by
States and high-risk urban areas in their Threat and Hazard
Identification and Risk Assessments and State Preparedness
Reports to determine the extent to which State Homeland
Security Grant Program and Urban Area Security Initiative funds
have been used effectively to close capability gaps.
Sec. 105. Grant Management Best Practices.
This section requires FEMA to share information on methods
to address areas identified for improvement in grants audits
conducted by the Department's Office of Inspector General and
innovative practices with recipients of State Homeland Security
Grant Program and Urban Area Security Initiative funds as part
of yearly grant guidance.
The Committee believes that grant recipients can greatly
benefit from the sharing of information on management best
practices, corrective actions, and other innovative practices.
They could also benefit from access to information on projects
conducted by other jurisdictions. The Committee has received
testimony from first responders advocating for the development
of a searchable database of grant projects funded through the
State Homeland Security Grant Program and Urban Area Security
Initiative at which grantees could look when developing
projects. The Committee supports FEMA's efforts to collect more
project level data in grant applications, but acknowledges that
such a database may not be within FEMA's capabilities at this
time. However, as FEMA gains greater insight into individual
projects, there may be merit in the development of a mechanism
for grant applicants to learn about successful projects in
another jurisdiction.
Sec. 106. Administration and Coordination of Grants.
This section further delineates the stakeholders, such as
public health officials and fusion centers, as appropriate,
which states and high-risk urban areas should include in
statutorily required grants planning committees.
Sec. 107. Funding Prohibition.
This section prohibits the Secretary of Homeland Security
from implementing the National Preparedness Grant Program
unless the Secretary receives prior authorization from
Congress.
Sec. 108. Law Enforcement Terrorism Prevention.
This section seeks to ensure that the 25 percent set aside
for law enforcement terrorism prevention activities required
under the State Homeland Security Grant Program and Urban Area
Security Initiative is met by requiring the Assistant Secretary
for State and Local Law Enforcement to work with the FEMA
Administrator to certify that the grants are appropriately
focused on law enforcement terrorism prevention activities.
This section also requires the Assistant Secretary of State and
Local Law Enforcement to coordinate with State, local, and
tribal law enforcement partners on Department policies and
programs that may impact such partners.
Sec. 109. Allowable Uses.
This section consolidates two allowable uses bills that
have been introduced by former Committee on Homeland Security
Members. This section authorizes State Homeland Security Grant
Program and Urban Area Security Initiative funds to be used to
(1) work in conjunction with a National Laboratory, and (2)
enhance medical preparedness. Both provisions have previously
passed the House.
Sec. 110. Maintenance of Grant Investments.
This section requires grant applicants to develop a plan
for the maintenance of equipment purchased using State Homeland
Security Grant Program or Urban Area Security Initiative funds.
Sec. 111. National Domestic Preparedness Consortium.
This section reauthorizes the National Domestic
Preparedness Consortium, which was originally authorized in the
Implementing Recommendations of the 9/11 Commission Act of
2007. The section authorizes $65 million for the Center for
Domestic Preparedness for Fiscal Years 2016 and 2017 and the
$98 million for the remaining members of the National Domestic
Preparedness Consortium for Fiscal Years 2016 and 2017, amounts
equal to the current appropriated levels.
Sec. 112. Rural Domestic Preparedness Consortium.
This section authorizes $5 million out of the amount
appropriated for the Continuing Training Grants to be used for
the Rural Domestic Preparedness Consortium.
Sec. 113. Emergency Support Functions.
This section requires the FEMA Administrator to
periodically update the National Response Framework.
Additionally, based on findings from a recent Government
Accountability Office (GAO) report, this section requires the
President, through the Administrator, to develop and provide to
relevant federal agencies and departments, metrics to ensure
readiness to execute responsibilities under the National
Response Framework's Emergency Support Functions.
Sec 114. Review of National Incident Management System.
This section requires the FEMA Administrator to review the
National Incident Management System (NIMS) periodically, but
not less often than once every five years.
Sec. 115. Approval of Certain Equipment.
This section requires the FEMA Administrator to develop and
implement a process for reviewing grant applications to
purchase equipment or systems not on the Authorized Equipment
List.
Sec. 116. Remedial Action Management Program.
Like the previous section, this provision is based on
findings from a recent GAO report. The section requires the
FEMA Administrator to establish a program to identify and track
lessons learned, corrective actions, and best practices from
training, exercises and real world incidents. The section also
requires the FEMA Administrator to electronically share after-
action reports and information on lessons learned and best
practices from responses to acts of terrorism, natural
disasters, and other exercises or emergencies with Congress and
relevant Federal, state, local, tribal, and private sector
officials.
Title II--Communications
Sec. 201. Office of Emergency Communications.
This section restricts the Secretary of Homeland Security's
ability to change the location or reporting structure of the
Office of Emergency Communications without prior authorization
from the House Committee on Homeland Security and the Senate
Committee on Homeland Security and Governmental Affairs.
Sec. 202. Responsibilities of Office of Emergency Communications
Director.
This section makes technical corrections to the
responsibilities of the Director of the Office of Emergency
Communications and codifies additional responsibilities.
Sec. 203. Annual Reporting on Activities of the Office of Emergency
Communications.
This amendment requires the Director of the Office of
Emergency Communications to submit an annual report, for the
next five years, to the Committee on Homeland Security and
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 of Emergency Communications.
Sec. 204. National Emergency Communications Plan.
This section requires the Office of Emergency
Communications to update the National Emergency Communications
Plan at least once every five years and consider the impact of
emerging technologies on the attainment of interoperable
communications as part of that update.
Sec. 205. Technical Edits.
This section makes technical corrections to the
Communications Title of the Homeland Security Act.
Sec. 206. Public Safety Broadband Network.
This section requires the Under Secretary of the Department
of Homeland Security's National Protection and Programs
Directorate to submit information to the Committee on Homeland
Security and Committee on Energy and Commerce of the House of
Representatives and Committee on Homeland Security and
Governmental Affairs of the Senate on the Department of
Homeland Security's responsibilities related to the development
of the nationwide Public Safety Broadband Network, including
information on efforts by the Department to work with the First
Responder Network Authority to identify and address cyber risks
that could impact the near or long term availability and
operations of the network and recommendations to mitigate such
risks.
Sec. 207. DHS Social Media Working Group Improvement Act.
This section amends the Homeland Security Act of 2002 to
authorize and enhance the Department's Virtual Social Media
Working Group (the Group), chaired by the Secretary or his or
her designee, to ensure information sharing between the
Department and appropriate stakeholders regarding the use of
social media before, during, and after a terrorist attack or
other emergency. This section is similar to legislation
introduced by Congresswoman Susan Brooks and passed by the
House.
Sec. 208. Statewide Interoperability Coordinators.
This section amends section 2004 of the Homeland Security
Act (the authorizing statute for the State Homeland Security
Grant Program (SHSGP)) to require a governor to certify, as
part of his or her application for State Homeland Security
Grant Program funds, that he or she has designated a Statewide
Interoperability Coordinator (SWIC), or, if a SWIC has not been
designated, that the State is performing in another manner the
functions of a SWIC, including an identification of the person
designated by the State as the primary point of contact for
these activities. This section is identical to legislation
introduced by Congressman Payne and passed by the House.
Sec. 209. Communications Training.
Based on the findings of a recent GAO report, this section
requires the Under Secretary for Management, in coordination
with appropriate component heads, to develop a mechanism to
verify that radio users at the Department of Homeland Security
receive relevant radio training.
Title III--Medical Preparedness
Sec. 301. Anthrax Vaccination Pilot Program.
This section amends Title V of the Homeland Security Act of
2002 to authorize the establishment of an anthrax vaccination
program, with an associated pilot, to provide surplus anthrax
vaccines from the Strategic National Stockpile to emergency
response providers on a voluntary basis. This section is nearly
identical to legislation introduced by Congressman King and
passed by the House.
The Committee directs the Department to pilot the voluntary
vaccination program in at least two States, but does not intend
to limit the Department's ability to pilot the effort in more
than two States or geographic locations. Additionally, if
warranted, the Department may expand the effort to emergency
response providers in additional geographic locations before
the end of the pilot period.
Sec. 302. Chief Medical Officer.
This section codifies the current responsibilities of the
Department's Chief Medical Officer, including coordinating the
Department's policy, strategy, and preparedness for terrorist
attacks and high consequence events using chemical, biological,
radiological, or nuclear agents or explosives, pandemic
influenza and emerging infectious diseases; ensuring the
workforce has standards, policies, and metrics for occupational
safety and health; and providing medical liaisons to the
Department's components.
Sec. 303. Medical Countermeasures Program.
This section authorizes the Department of Homeland
Security's medical countermeasures program to protect the DHS
workforce, working animals, and individuals in the Department's
care and custody from the effects of chemical, biological,
radiological, and nuclear agents, and to ensure mission
continuity.
The Committee is concerned with findings from an August
2014 DHS Inspector General review of the Department's medical
countermeasure program, DHS Has Not Effectively Managed
Pandemic Personal Protective Equipment and Antiviral Medical
Countermeasures (OIG-14-129). As a result, the section
addresses the Inspector General recommendations related to
medical countermeasure quantity determination; stockpile
replenishment; inventory tracking; and cross-component
standards for storage, security, dispensing and documentation.
Title IV--Management
Sec. 401. Mission Support.
This section requires the FEMA Administrator to designate
an individual to serve as the chief management official and
principal advisor to the FEMA Administrator on matters related
to the management of FEMA.
The Committee is supportive of FEMA's efforts to strengthen
and improve its management through the Mission Support Bureau
and authorizes the designation of a chief management official
and principal advisor to the FEMA Administrator on issues
related to the five management business lines: human resources,
procurement, information technology, real property, and
security. The Committee believes the role of a chief management
is essential to the efficient functioning of the agency. The
Committee believes FEMA must develop and implement management
controls to ensure appropriate oversight of Agency management
functions. The Committee was concerned to learn about the
findings of the DHS Office of Inspector General report, OIG-14-
151 FEMA's Logistic Supply Chain Management System Many Not Be
Effective During a Catastrophic Disaster. According to the
report, FEMA spent $247 million over nine years to implement
the Logistics Supply Chain Management System that cannot
interface with partners' logistics management systems or
provide real-time visibility over all supplies shipped. The
program office responsible for the system did not analyze
alternatives to determine how best to close the gap in FEMA's
logistics capability; did not report life cycle cost increases
to the component acquisition executives; and did not formally
report program breaches as required. Section 401 requires
FEMA's designated management official to be responsible for
enforcing management and administrative policies across the
Agency.
The Committee intends for the review of the five management
business lines to identify management controls, costs, number
of associated systems, associated capability gaps, and areas of
duplication both at FEMA headquarters and the ten regional
offices. Further, this review must include a strategy that
demonstrates how the designated management official captures
reliable, interoperable, and measurable data on all management
and administrative activities. The strategy should address any
problems identified in the review.
Sec. 402. Systems Modernization.
This section requires the FEMA Administrator to report to
Congress on plans to modernize its grants and financial
information technology systems. The report should include
lessons learned in the summary of all previous efforts to
modernize each of these systems. This report should identify
how each of these modernization efforts are meeting cost
schedule expectations and the efforts being made to avoid
delays in the acquisition life cycle.
Sec. 403. Strategic Human Capital Plan.
This section reinstates a requirement in the Post Katrina
Emergency Management Reform Act that the FEMA Administrator to
develop and submit to Congress a strategic human capital plan
including a workforce gap analysis, recruitment and retention
analysis, performance metrics, and staffing goals.
According to a July 2015 GAO report, FEMA's Workforce
Management (GAO-15-437), FEMA's strategic workforce plan for
2008-2012 did not include performance metrics or identify
potential workforce gaps, overlaps, or inconsistencies.
Additionally, the National Academy for Public Administration
recommended that FEMA develop a 5-year strategic workforce plan
that addresses retention challenges by implementing goals and
objectives for recruiting and retaining employees. FEMA ranked
281 out of 315 Subcomponent Agencies in the recent Federal
Employee Viewpoint Survey. To address these shortcomings, the
Committee continues the requirement that FEMA develop and
implement a strategic human capital plan.
Sec. 404. Activities Related to Children.
This section requires the FEMA Administrator to integrate
the needs of children into the Agency's activities and appoint
a technical expert, as necessary, consistent with the
recommendation of the National Advisory Council.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
Sec. 318. Social media working group.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Sec. 526. Anthrax preparedness.
Sec. 527. Medical countermeasures.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
Sec. 2009. Operation Stonegarden.
Subtitle B--Grants Administration
* * * * * * *
Sec. 2024. Memoranda of understanding with departmental components and
offices.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 318. SOCIAL MEDIA WORKING GROUP.
(a) Establishment.--The Secretary shall establish within the
Department a social media working group (in this section
referred to as the ``Group'').
(b) Purpose.--In order to enhance the dissemination of
information through social media technologies between the
Department and appropriate stakeholders and to improve use of
social media technologies in support of preparedness, response,
and recovery, the Group shall identify, and provide guidance
and best practices to the emergency preparedness and response
community on the use of social media technologies before,
during, and after acts of terrorism, natural disasters, and
other emergencies.
(c) Membership.--
(1) In general.--Membership of the Group shall be
composed of a cross section of subject matter experts
from Federal, State, local, tribal, territorial, and
nongovernmental organization practitioners, including
representatives from the following entities:
(A) The Office of Public Affairs of the
Department.
(B) The Office of the Chief Information
Officer of the Department.
(C) The Privacy Office of the Department.
(D) The Federal Emergency Management Agency.
(E) The Office of Disability Integration and
Coordination of the Federal Emergency
Management Agency.
(F) The American Red Cross.
(G) The United States Forest Service.
(H) The Centers for Disease Control and
Prevention.
(I) The United States Geological Survey.
(J) The National Oceanic and Atmospheric
Administration.
(2) Chairperson, co-chairperson.--
(A) Chairperson.--The Secretary shall serve
as the chairperson of the Group.
(B) Co-chairperson.--The chairperson shall
designate, on a rotating basis, a
representative from a State or local government
who is a member of the Group to serve as the
co-chairperson of the Group.
(3) Additional members.--The chairperson shall
appoint, on a rotating basis, qualified individuals to
the Group. The total number of such additional members
shall--
(A) be equal to or greater than the total
number of regular members under paragraph (1);
and
(B) include--
(i) not fewer than three
representatives from the private
sector; and
(ii) representatives from--
(I) State, local, tribal, and
territorial entities, including
from--
(aa) law enforcement;
(bb) fire services;
(cc) emergency
medical services;
(dd) emergency
management; and
(ee) public health
entities;
(II) universities and
academia; and
(III) nonprofit disaster
relief organizations.
(4) Term limits.--The chairperson shall establish
term limits for individuals appointed to the Group
under paragraph (3).
(d) Consultation With Non-members.--To the extent
practicable, the Group shall work with entities in the public
and private sectors to carry out subsection (b).
(e) Meetings.--
(1) Initial meeting.--Not later than 90 days after
the date of the enactment of this section, the Group
shall hold its initial meeting.
(2) Subsequent meetings.--After the initial meeting
under paragraph (1), the Group shall meet--
(A) at the call of the chairperson; and
(B) not less frequently than twice each year.
(3) Virtual meetings.--Each meeting of the Group may
be held virtually.
(f) Reports.--During each year in which the Group meets, the
Group shall submit to the Committee on Homeland Security and
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes the
following:
(1) A review and analysis of current and emerging
social media technologies being used to support
preparedness, response, and recovery activities related
to acts of terrorism, natural disasters, and other
emergencies.
(2) A review of best practices and lessons learned on
the use of social media technologies during the
response to acts of terrorism, natural disasters, and
other emergencies that occurred during the period
covered by the report at issue.
(3) Recommendations to improve the Department's use
of social media technologies for emergency management
purposes.
(4) Recommendations to improve public awareness of
the type of information disseminated through social
media technologies, and how to access such information,
during acts of terrorism, natural disasters, and other
emergencies.
(5) A review of available training for Federal,
State, local, tribal, and territorial officials on the
use of social media technologies in response to acts of
terrorism, natural disasters, and other emergencies.
(6) A review of coordination efforts with the private
sector to discuss and resolve legal, operational,
technical, privacy, and security concerns.
(g) Duration of Group.--
(1) In general.--The Group shall terminate on the
date that is five years after the date of the enactment
of this section unless the chairperson renews the Group
for a successive five-year period before the date on
which the Group would otherwise terminate by submitting
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives a
certification that the continued existence of the Group
is necessary to fulfill the purpose described in
subsection (b).
(2) Continued renewal.--The chairperson may continue
to renew the Group for successive five-year periods by
submitting a certification in accordance with paragraph
(1) before the date on which the Group would otherwise
terminate.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 503. FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) In General.--There is in the Department the Federal
Emergency Management Agency, headed by an Administrator.
(b) Mission.--
(1) Primary mission.--The primary mission of the
Agency is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other man-made
disasters, by leading and supporting the Nation in a
risk-based, comprehensive emergency management system
of preparedness, protection, response, recovery, and
mitigation.
(2) Specific activities.--In support of the primary
mission of the Agency, the Administrator shall--
(A) lead the Nation's efforts to prepare for,
protect against, respond to, recover from, and
mitigate against the risk of natural disasters,
acts of terrorism, and other man-made
disasters, including catastrophic incidents;
(B) partner with State, local, and tribal
governments and emergency response providers,
with other Federal agencies, with the private
sector, and with nongovernmental organizations
to build a national system of emergency
management that can effectively and efficiently
utilize the full measure of the Nation's
resources to respond to natural disasters, acts
of terrorism, and other man-made disasters,
including catastrophic incidents;
(C) develop a Federal response capability
that, when necessary and appropriate, can act
effectively and rapidly to deliver assistance
essential to saving lives or protecting or
preserving property or public health and safety
in a natural disaster, act of terrorism, or
other man-made disaster;
(D) integrate the Agency's emergency
preparedness, protection, response, recovery,
and mitigation responsibilities to confront
effectively the challenges of a natural
disaster, act of terrorism, or other man-made
disaster;
(E) develop and maintain robust Regional
Offices that will work with State, local, and
tribal governments, emergency response
providers, and other appropriate entities to
identify and address regional priorities;
(F) under the leadership of the Secretary,
coordinate with the Commandant of the Coast
Guard, the Director of Customs and Border
Protection, the Director of Immigration and
Customs Enforcement, the National Operations
Center, and other agencies and offices in the
Department to take full advantage of the
substantial range of resources in the
Department;
(G) provide funding, training, exercises,
technical assistance, planning, and other
assistance to build tribal, local, State,
regional, and national capabilities (including
communications capabilities), necessary to
respond to a natural disaster, act of
terrorism, or other man-made disaster; [and]
(H) develop and coordinate the implementation
of a risk-based, all-hazards strategy for
preparedness that builds those common
capabilities necessary to respond to natural
disasters, acts of terrorism, and other man-
made disasters while also building the unique
capabilities necessary to respond to specific
types of incidents that pose the greatest risk
to our Nation[.]; and
(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.
(c) Administrator.--
(1) In general.--The Administrator shall be appointed
by the President, by and with the advice and consent of
the Senate.
(2) Qualifications.--The Administrator shall be
appointed from among individuals who have--
(A) a demonstrated ability in and knowledge
of emergency management and homeland security;
and
(B) not less than 5 years of executive
leadership and management experience in the
public or private sector.
(3) Reporting.--The Administrator shall report to the
Secretary, without being required to report through any
other official of the Department.
(4) Principal advisor on emergency management.--
(A) In general.--The Administrator is the
principal advisor to the President, the
Homeland Security Council, and the Secretary
for all matters relating to emergency
management in the United States.
(B) Advice and recommendations.--
(i) In general.--In presenting advice
with respect to any matter to the
President, the Homeland Security
Council, or the Secretary, the
Administrator shall, as the
Administrator considers appropriate,
inform the President, the Homeland
Security Council, or the Secretary, as
the case may be, of the range of
emergency preparedness, protection,
response, recovery, and mitigation
options with respect to that matter.
(ii) Advice on request.--The
Administrator, as the principal advisor
on emergency management, shall provide
advice to the President, the Homeland
Security Council, or the Secretary on a
particular matter when the President,
the Homeland Security Council, or the
Secretary requests such advice.
(iii) Recommendations to congress.--
After informing the Secretary, the
Administrator may make such
recommendations to Congress relating to
emergency management as the
Administrator considers appropriate.
(5) Cabinet status.--
(A) In general.--The President may designate
the Administrator to serve as a member of the
Cabinet in the event of natural disasters, acts
of terrorism, or other man-made disasters.
(B) Retention of authority.--Nothing in this
paragraph shall be construed as affecting the
authority of the Secretary under this Act.
SEC. 504. AUTHORITY AND RESPONSIBILITIES.
(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for, protect against, respond
to, recover from, or mitigate against a natural disaster, act
of terrorism, or other man-made disaster, including--
(1) helping to ensure the effectiveness of emergency
response providers to terrorist attacks, major
disasters, and other emergencies;
(2) with respect to the Nuclear Incident Response
Team (regardless of whether it is operating as an
organizational unit of the Department pursuant to this
title)--
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises and
training and evaluating performance; and
(C) providing funds to the Department of
Energy and the Environmental Protection Agency,
as appropriate, for homeland security planning,
exercises and training, and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support
Team, the National Disaster Medical System, and
(when operating as an organizational unit of
the Department pursuant to this title) the
Nuclear Incident Response Team;
(C) overseeing the Metropolitan Medical
Response System; and
(D) coordinating other Federal response
resources, including requiring deployment of
the Strategic National Stockpile, in the event
of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and
major disasters;
(5) building a comprehensive national incident
management system with Federal, State, and local
government personnel, agencies, and authorities, to
respond to such attacks and disasters;
(6) consolidating existing Federal Government
emergency response plans into a single, coordinated
national response plan;
(7) helping ensure the acquisition of operable and
interoperable communications capabilities by Federal,
State, local, and tribal governments and emergency
response providers;
(8) assisting the President in carrying out the
functions under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
and carrying out all functions and authorities given to
the Administrator under that Act;
(9) carrying out the mission of the Agency to reduce
the loss of life and property and protect the Nation
from all hazards by leading and supporting the Nation
in a risk-based, comprehensive emergency management
system of--
(A) mitigation, by taking sustained actions
to reduce or eliminate long-term risks to
people and property from hazards and their
effects;
(B) preparedness, by planning, training, and
building the emergency management profession to
prepare effectively for, mitigate against,
respond to, and recover from any hazard;
(C) response, by conducting emergency
operations to save lives and property through
positioning emergency equipment, personnel, and
supplies, through evacuating potential victims,
through providing food, water, shelter, and
medical care to those in need, and through
restoring critical public services; and
(D) recovery, by rebuilding communities so
individuals, businesses, and governments can
function on their own, return to normal life,
and protect against future hazards;
(10) increasing efficiencies, by coordinating efforts
relating to preparedness, protection, response,
recovery, and mitigation;
(11) helping to ensure the effectiveness of emergency
response providers in responding to a natural disaster,
act of terrorism, or other man-made disaster;
(12) supervising grant programs administered by the
Agency;
(13) administering, periodically updating (but not
less often than once every five years), and ensuring
the implementation of the National Response Plan,
including coordinating and ensuring the readiness of
each emergency support function under the National
Response Plan;
(14) coordinating with the National Advisory Council
established under section 508;
(15) preparing and implementing the plans and
programs of the Federal Government for--
(A) continuity of operations;
(B) continuity of government; and
(C) continuity of plans;
(16) minimizing, to the extent practicable,
overlapping planning and reporting requirements
applicable to State, local, and tribal governments and
the private sector;
(17) maintaining and operating within the Agency the
National Response Coordination Center or its successor;
(18) developing a national emergency management
system that is capable of preparing for, protecting
against, responding to, recovering from, and mitigating
against catastrophic incidents;
(19) assisting the President in carrying out the
functions under the national preparedness goal and the
national preparedness system and carrying out all
functions and authorities of the Administrator under
the national preparedness System;
(20) carrying out all authorities of the Federal
Emergency Management Agency and the Directorate of
Preparedness of the Department as transferred under
section 505; and
(21) otherwise carrying out the mission of the Agency
as described in section 503(b).
(b) All-Hazards Approach.--In carrying out the
responsibilities under this section, the Administrator shall
coordinate the implementation of a risk-based, all-hazards
strategy that builds those common capabilities necessary to
prepare for, protect against, respond to, recover from, or
mitigate against natural disasters, acts of terrorism, and
other man-made disasters, while also building the unique
capabilities necessary to prepare for, protect against, respond
to, recover from, or mitigate against the risks of specific
types of incidents that pose the greatest risk to the Nation.
* * * * * * *
SEC. 509. NATIONAL INTEGRATION CENTER.
(a) In General.--There is established in the Agency a
National Integration Center.
(b) Responsibilities.--
(1) In general.--The Administrator, through the
National Integration Center, and in consultation with
other Federal departments and agencies and the National
Advisory Council, shall ensure ongoing management and
maintenance of the National Incident Management System,
the National Response Plan, and any successor to such
system or plan.
(2) Specific responsibilities.--The National
Integration Center shall periodically, but not less
often than once every five years, review, and revise as
appropriate, the National Incident Management System
and the National Response Plan, including--
(A) establishing, in consultation with the
Director of the Corporation for National and
Community Service, a process to better use
volunteers and donations;
(B) improving the use of Federal, State,
local, and tribal resources and ensuring the
effective use of emergency response providers
at emergency scenes; and
(C) revising the Catastrophic Incident Annex,
finalizing and releasing the Catastrophic
Incident Supplement to the National Response
Plan, and ensuring that both effectively
address response requirements in the event of a
catastrophic incident.
(c) Incident Management.--
(1) In general.--
(A) National response plan.--The Secretary,
acting through the Administrator, shall ensure
that the National Response Plan provides for a
clear chain of command to lead and coordinate
the Federal response to any natural disaster,
act of terrorism, or other man-made disaster.
(B) Administrator.--The chain of the command
specified in the National Response Plan shall--
(i) provide for a role for the
Administrator consistent with the role
of the Administrator as the principal
emergency management advisor to the
President, the Homeland Security
Council, and the Secretary under
section 503(c)(4) and the
responsibility of the Administrator
under the Post-Katrina Emergency
Management Reform Act of 2006, and the
amendments made by that Act, relating
to natural disasters, acts of
terrorism, and other man-made
disasters; and
(ii) provide for a role for the
Federal Coordinating Officer consistent
with the responsibilities under section
302(b) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)).
(2) Principal federal official.--The Principal
Federal Official (or the successor thereto) shall not--
(A) direct or replace the incident command
structure established at the incident; or
(B) have directive authority over the Senior
Federal Law Enforcement Official, Federal
Coordinating Officer, or other Federal and
State officials.
* * * * * * *
SEC. 516. CHIEF MEDICAL OFFICER.
(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President.
(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and
knowledge of medicine and public health.
(c) Responsibilities.--The Chief Medical Officer shall have
the primary responsibility within the Department for medical
issues related to natural disasters, acts of terrorism, and
other man-made disasters, and shall establish medical and
human, animal, and occupational health exposure policy,
guidance, strategies, and initiatives, including--
(1) serving as the principal advisor to the Secretary
and the Administrator on medical and public health
issues, 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;
(2) coordinating the biodefense activities of the
Department, including coordinating the Department's
policy, strategy and preparedness for pandemics and
emerging infectious diseases;
(3) ensuring internal and external coordination of
all medical preparedness and response activities of the
Department, including training, exercises, and
equipment support;
(4) serving as the Department's primary point of
contact with the Department of Agriculture, the
Department of Defense, the Department of Health and
Human Services, the Department of Transportation, the
Department of Veterans Affairs, and other Federal
departments or agencies, on medical and public health
issues;
(5) serving as the Department's primary point of
contact for State, local, and tribal governments, the
medical community, emergency medical services and
medical first responder stakeholders, and others within
and outside the Department, with respect to medical and
public health matters;
(6) discharging, in coordination with the Under
Secretary for Science and Technology, the
responsibilities of the Department related to Project
Bioshield; [and]
(7) performing such other duties relating to such
responsibilities as the Secretary may require[.];
(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.
* * * * * * *
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.
SEC. 527. MEDICAL COUNTERMEASURES.
(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for working animals, employees, and individuals in
the Department's care and custody, in the event of a chemical,
biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic, and to
support Department mission continuity.
(b) Oversight.--The Chief Medical Officer, established under
section 516, shall provide programmatic oversight of the
medical countermeasures program established pursuant to
subsection (a), and shall--
(1) develop Department-wide standards for medical
countermeasure storage, security, dispensing, and
documentation;
(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
(3) preposition appropriate medical countermeasures
in strategic locations nationwide, based on threat and
employee density, in accordance with applicable Federal
statutes and regulations;
(4) provide oversight and guidance on dispensing of
stockpiled medical countermeasures;
(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological,
radiological, nuclear, or explosives attack, naturally
occurring disease outbreak, or pandemic;
(6) provide training to Department employees on
medical countermeasure dispensing; and
(7) support dispensing exercises.
(c) Medical Countermeasures Working Group.--The Chief Medical
Officer shall establish a medical countermeasures working group
comprised of representatives from appropriate components and
offices of the Department to ensure that medical
countermeasures standards are maintained and guidance is
consistent.
(d) Medical Countermeasures Management.--Not later than 180
days after the date of the enactment of this section, the Chief
Medical Officer shall develop and submit to the Secretary an
integrated logistics support plan for medical countermeasures,
including--
(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and
how frequently such methodology shall be reevaluated;
(2) a replenishment plan; and
(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
(e) Stockpile Elements.--In determining the types and
quantities of medical countermeasures to stockpile under
subsection (d), the Chief Medical Officer shall utilize, if
available--
(1) Department chemical, biological, radiological,
and nuclear risk assessments; and
(2) Centers for Disease Control and Prevention
guidance on medical countermeasures.
(f) Report.--No later than 180 days after the date of the
enactment of this section, the Chief Medical Officer shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on progress in achieving the
requirements of this section.
* * * * * * *
TITLE XVIII--EMERGENCY COMMUNICATIONS
SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.
(a) In General.--There is established in the Department an
Office of Emergency Communications.
(b) Director.--The head of the office shall be the Director
for Emergency Communications. The Director shall report to the
Assistant Secretary for Cybersecurity and Communications.
(c) Responsibilities.--The Director for Emergency
Communications shall--
(1) assist the Secretary in developing and
implementing the program described in section
7303(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as
provided in section 314;
(2) administer the Department's responsibilities and
authorities relating to the SAFECOM Program, excluding
elements related to research, development, testing, and
evaluation and standards;
[(3) administer the Department's responsibilities and
authorities relating to the Integrated Wireless Network
program;]
[(4)] (3) conduct extensive, nationwide outreach to
support and promote the ability of emergency response
providers and relevant government officials to continue
to communicate in the event of natural disasters, acts
of terrorism, and other man-made disasters;
[(5)] (4) conduct extensive, nationwide outreach and
foster the development of interoperable emergency
communications capabilities by State, regional, local,
and tribal governments and public safety agencies, and
by regional consortia thereof;
[(6)] (5) provide technical assistance to State,
regional, local, and tribal government officials with
respect to use of interoperable emergency
communications capabilities;
[(7)] (6) coordinate with the Regional Administrators
regarding the activities of Regional Emergency
Communications Coordination Working Groups under
section 1805;
[(8)] (7) promote the development of standard
operating procedures and best practices with respect to
use of interoperable emergency communications
capabilities for incident response, and facilitate the
sharing of information on such best practices for
achieving, maintaining, and enhancing interoperable
emergency communications capabilities for such
response;
[(9)] (8) coordinate[, in cooperation with the
National Communications System,] the establishment of a
national response capability with initial and ongoing
planning, implementation, and training for the
deployment of communications equipment for relevant
State, local, and tribal governments and emergency
response providers in the event of a catastrophic loss
of local and regional emergency communications
services;
[(10)] (9) assist the President, the National
Security Council, [the Homeland Security Council,] and
the Director of the Office of Management and Budget in
ensuring the continued operation of the
telecommunications functions and responsibilities of
the Federal Government, excluding spectrum management;
[(11)] (10) establish, in coordination with the
Director of the Office for Interoperability and
Compatibility, requirements for interoperable emergency
communications capabilities, which shall be
nonproprietary where standards for such capabilities
exist, for all public safety radio and data
communications systems and equipment purchased using
homeland security assistance administered by the
Department, excluding any alert and warning device,
technology, or system;
[(12)] (11) review, in consultation with the
[Assistant Secretary for Grants and Training] Assistant
Administrator of the Grant Programs Directorate of the
Federal Emergency Management Agency, all interoperable
emergency communications plans of Federal, State,
local, and tribal governments, including Statewide and
tactical interoperability plans, developed pursuant to
homeland security assistance administered by the
Department, but excluding spectrum allocation and
management related to such plans;
[(13)] (12) develop and update periodically, as
appropriate, a National Emergency Communications Plan
under section 1802;
[(14)] (13) perform such other duties of the
Department necessary to support and promote the ability
of emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters; [and]
[(15)] (14) perform other duties of the Department
necessary to achieve the goal of and maintain and
enhance interoperable emergency communications
capabilities[.];
(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.
(d) Performance of Previously Transferred Functions.--The
Secretary shall transfer to, and administer through, the
Director for Emergency Communications the following programs
and responsibilities:
(1) The SAFECOM Program, excluding elements related
to research, development, testing, and evaluation and
standards.
[(2) The responsibilities of the Chief Information
Officer related to the implementation of the Integrated
Wireless Network.]
[(3)] (2) The Interoperable Communications Technical
Assistance Program.
(e) Coordination.--The Director for Emergency Communications
shall coordinate--
(1) as appropriate, with the Director of the Office
for Interoperability and Compatibility with respect to
the responsibilities described in section 314; and
(2) with the Administrator of the Federal Emergency
Management Agency with respect to the responsibilities
described in this title.
[(f) Sufficiency of Resources Plan.--
[(1) Report.--Not later than 120 days after the date
of enactment of this section, the Secretary shall
submit to Congress a report on the resources and staff
necessary to carry out fully the responsibilities under
this title.
[(2) Comptroller general review.--The Comptroller
General shall review the validity of the report
submitted by the Secretary under paragraph (1). Not
later than 60 days after the date on which such report
is submitted, the Comptroller General shall submit to
Congress a report containing the findings of such
review.]
(f) Annual Reporting of Office Activities.--The Director of
the Office of Emergency Communications shall, not later than
one year after the date of the enactment of this subsection and
annually thereafter for each of the next four years, report to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the activities and
programs of the Office, including specific information on
efforts to carry out paragraphs (4), (5), and (6) of subsection
(c).
SEC. 1802. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
(a) In General.--The Secretary, acting through the Director
for Emergency Communications[, and in cooperation with the
Department of National Communications System (as appropriate),]
shall, in cooperation with State, local, and tribal
governments, Federal departments and agencies, emergency
response providers, and the private sector, develop not later
than 180 days after the completion of the baseline assessment
under section 1803, and periodically, but not less than once
every five years, update, a National Emergency Communications
Plan to provide recommendations regarding how the United States
should--
(1) support and promote the ability of emergency
response providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made
disasters; and
(2) ensure, accelerate, and attain interoperable
emergency communications nationwide.
(b) Coordination.--The Emergency Communications Preparedness
Center under section 1806 shall coordinate the development of
the Federal aspects of the National Emergency Communications
Plan.
(c) Contents.--The National Emergency Communications Plan
shall--
(1) include recommendations developed in consultation
with the Federal Communications Commission and the
National Institute of Standards and Technology for a
process for expediting national voluntary consensus
standards for emergency communications equipment for
the purchase and use by public safety agencies of
interoperable emergency communications equipment and
technologies;
(2) identify the appropriate capabilities necessary
for emergency response providers and relevant
government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and
other man-made disasters;
(3) consider the impact of emerging technologies on
the attainment of interoperable emergency
communications;
[(3)] (4) identify the appropriate interoperable
emergency communications capabilities necessary for
Federal, State, local, and tribal governments in the
event of natural disasters, acts of terrorism, and
other man-made disasters;
[(4)] (5) recommend both short-term and long-term
solutions for ensuring that emergency response
providers and relevant government officials can
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made
disasters;
[(5)] (6) recommend both short-term and long-term
solutions for deploying interoperable emergency
communications systems for Federal, State, local, and
tribal governments throughout the Nation, including
through the provision of existing and emerging
technologies;
[(6)] (7) identify how Federal departments and
agencies that respond to natural disasters, acts of
terrorism, and other man-made disasters can work
effectively with State, local, and tribal governments,
in all States, and with other entities;
[(7)] (8) identify obstacles to deploying
interoperable emergency communications capabilities
nationwide and recommend short-term and long-term
measures to overcome those obstacles, including
recommendations for multijurisdictional coordination
among Federal, State, local, and tribal governments;
[(8)] (9) recommend goals and timeframes for the
deployment of emergency, command-level communications
systems based on new and existing equipment across the
United States and develop a timetable for the
deployment of interoperable emergency communications
systems nationwide;
[(9)] (10) recommend appropriate measures that
emergency response providers should employ to ensure
the continued operation of relevant governmental
communications infrastructure in the event of natural
disasters, acts of terrorism, or other man-made
disasters; and
[(10)] (11) set a date, including interim benchmarks,
as appropriate, by which State, local, and tribal
governments, Federal departments and agencies, and
emergency response providers expect to achieve a
baseline level of national interoperable
communications, as that term is defined under section
7303(g)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)(1)).
* * * * * * *
SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
(a) Coordination of Grants and Standards Programs.--The
Secretary, acting through the Director for Emergency
Communications, shall ensure that grant guidelines for the use
of homeland security assistance administered by the Department
relating to interoperable emergency communications are
coordinated and consistent with the goals and recommendations
in the National Emergency Communications Plan under section
1802.
(b) Denial of Eligibility for Grants.--
(1) In general.--The Secretary, acting through the
[Assistant Secretary for Grants and Planning] Assistant
Administrator of the Grant Programs Directorate of the
Federal Emergency Management Agency, and in
consultation with the Director for Emergency
Communications, may prohibit any State, local, or
tribal government from using homeland security
assistance administered by the Department to achieve,
maintain, or enhance emergency communications
capabilities, if--
(A) such government has not complied with the
requirement to submit a Statewide Interoperable
Communications Plan as required by section
7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C.
194(f));
(B) such government has proposed to upgrade
or purchase new equipment or systems that do
not meet or exceed any applicable national
voluntary consensus standards and has not
provided a reasonable explanation of why such
equipment or systems will serve the needs of
the applicant better than equipment or systems
that meet or exceed such standards; and
(C) as of the date that is 3 years after the
date of the completion of the initial National
Emergency Communications Plan under section
1802, national voluntary consensus standards
for interoperable emergency communications
capabilities have not been developed and
promulgated.
(2) Standards.--The Secretary, in coordination with
the Federal Communications Commission, the National
Institute of Standards and Technology, and other
Federal departments and agencies with responsibility
for standards, shall support the development,
promulgation, and updating as necessary of national
voluntary consensus standards for interoperable
emergency communications.
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
[(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003 and 2004 to
State, local, and tribal governments.]
(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.
(b) Programs Not Affected.--This subtitle shall not be
construed to affect any of the following Federal programs:
(1) Firefighter and other assistance programs
authorized under the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.).
(2) Grants authorized under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(3) Emergency Management Performance Grants under the
amendments made by title II of the Implementing
Recommendations of the 9/11 Commission Act of 2007.
(4) Grants to protect critical infrastructure,
including port security grants authorized under section
70107 of title 46, United States Code, and the grants
authorized under title XIV and XV of the Implementing
Recommendations of the 9/11 Commission Act of 2007 and
the amendments made by such titles.
(5) The Metropolitan Medical Response System
authorized under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(6) The Interoperable Emergency Communications Grant
Program authorized under title XVIII.
(7) Grant programs other than those administered by
the Department.
(c) Relationship to Other Laws.--
(1) In general.--The grant programs authorized under
sections 2003 and 2004 shall supercede all grant
programs authorized under section 1014 of the USA
PATRIOT Act (42 U.S.C. 3714).
(2) Allocation.--The allocation of grants authorized
under section 2003 or 2004 shall be governed by the
terms of this subtitle and not by any other provision
of law.
SEC. 2003. URBAN AREA SECURITY INITIATIVE.
(a) Establishment.--There is established an Urban Area
Security Initiative to provide grants to assist high-risk urban
areas in preventing, preparing for, protecting against, and
responding to acts of terrorism.
(b) Assessment and Designation of High-Risk Urban Areas.--
(1) In general.--The Administrator shall designate
high-risk urban areas to receive grants under this
section based on procedures under this subsection.
(2) Initial assessment.--
(A) In general.--For each fiscal year, the
Administrator shall conduct an initial
assessment of the relative threat,
vulnerability, and consequences from acts of
terrorism faced by each eligible metropolitan
area, including consideration of--
(i) the factors set forth in
subparagraphs (A) through (H) and (K)
of section 2007(a)(1); and
(ii) information and materials
submitted under subparagraph (B).
(B) Submission of information by eligible
metropolitan areas.--Prior to conducting each
initial assessment under subparagraph (A), the
Administrator shall provide each eligible
metropolitan area with, and shall notify each
eligible metropolitan area of, the opportunity
to--
(i) submit information that the
eligible metropolitan area believes to
be relevant to the determination of the
threat, vulnerability, and consequences
it faces from acts of terrorism; and
(ii) review the risk assessment
conducted by the Department of that
eligible metropolitan area, including
the bases for the assessment by the
Department of the threat,
vulnerability, and consequences from
acts of terrorism faced by that
eligible metropolitan area, and remedy
erroneous or incomplete information.
(3) Designation of high-risk urban areas.--
(A) Designation.--
(i) In general.--For each fiscal
year, after conducting the initial
assessment under paragraph (2), and
based on that assessment, the
Administrator shall designate high-risk
urban areas that may submit
applications for grants under this
section.
(ii) Additional areas.--
Notwithstanding paragraph (2), the
Administrator may--
(I) in any case where an
eligible metropolitan area
consists of more than 1
metropolitan division (as that
term is defined by the Office
of Management and Budget)
designate more than 1 high-risk
urban area within a single
eligible metropolitan area; and
(II) designate an area that
is not an eligible metropolitan
area as a high-risk urban area
based on the assessment by the
Administrator of the relative
threat, vulnerability, and
consequences from acts of
terrorism faced by the area.
(iii) Rule of construction.--Nothing
in this subsection may be construed to
require the Administrator to--
(I) designate all eligible
metropolitan areas that submit
information to the
Administrator under paragraph
(2)(B)(i) as high-risk urban
areas; or
(II) designate all areas
within an eligible metropolitan
area as part of the high-risk
urban area.
(B) Jurisdictions included in high-risk urban
areas.--
(i) In general.--In designating high-
risk urban areas under subparagraph
(A), the Administrator shall determine
which jurisdictions, at a minimum,
shall be included in each high-risk
urban area.
(ii) Additional jurisdictions.--A
high-risk urban area designated by the
Administrator may, in consultation with
the State or States in which such high-
risk urban area is located, add
additional jurisdictions to the high-
risk urban area.
(c) Application.--
(1) In general.--An area designated as a high-risk
urban area under subsection (b) may apply for a grant
under this section.
(2) Minimum contents of application.--In an
application for a grant under this section, a high-risk
urban area shall submit--
(A) a plan describing the proposed division
of responsibilities and distribution of funding
among the local and tribal governments in the
high-risk urban area;
(B) the name of an individual to serve as a
high-risk urban area liaison with the
Department and among the various jurisdictions
in the high-risk urban area; and
(C) such information in support of the
application as the Administrator may reasonably
require.
(3) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis.
(4) State review and transmission.--
(A) In general.--To ensure consistency with
State homeland security plans, a high-risk
urban area applying for a grant under this
section shall submit its application to each
State within which any part of that high-risk
urban area is located for review before
submission of such application to the
Department.
(B) Deadline.--Not later than 30 days after
receiving an application from a high-risk urban
area under subparagraph (A), a State shall
transmit the application to the Department.
(C) Opportunity for state comment.--If the
Governor of a State determines that an
application of a high-risk urban area is
inconsistent with the State homeland security
plan of that State, or otherwise does not
support the application, the Governor shall--
(i) notify the Administrator, in
writing, of that fact; and
(ii) provide an explanation of the
reason for not supporting the
application at the time of transmission
of the application.
(5) Opportunity to amend.--In considering
applications for grants under this section, the
Administrator shall provide applicants with a
reasonable opportunity to correct defects in the
application, if any, before making final awards.
(d) Distribution of Awards.--
(1) In general.--If the Administrator approves the
application of a high-risk urban area for a grant under
this section, the Administrator shall distribute the
grant funds to the State or States in which that high-
risk urban area is located.
(2) State distribution of funds.--
(A) In general.--Not later than 45 days after
the date that a State receives grant funds
under paragraph (1), that State shall provide
the high-risk urban area awarded that grant not
less than 80 percent of the grant funds. Any
funds retained by a State shall be expended on
items, services, or activities that benefit the
high-risk urban area.
(B) Funds retained.--A State shall provide
each relevant high-risk urban area with an
accounting of the items, services, or
activities on which any funds retained by the
State under subparagraph (A) were expended.
(3) Interstate urban areas.--If parts of a high-risk
urban area awarded a grant under this section are
located in 2 or more States, the Administrator shall
distribute to each such State--
(A) a portion of the grant funds in
accordance with the proposed distribution set
forth in the application; or
(B) if no agreement on distribution has been
reached, a portion of the grant funds
determined by the Administrator to be
appropriate.
(4) Certifications regarding distribution of grant
funds to high-risk urban areas.--A State that receives
grant funds under paragraph (1) shall certify to the
Administrator that the State has made available to the
applicable high-risk urban area the required funds
under paragraph (2).
(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.
[(e)] (f) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
(1) $850,000,000 for fiscal year 2008;
(2) $950,000,000 for fiscal year 2009;
(3) $1,050,000,000 for fiscal year 2010;
(4) $1,150,000,000 for fiscal year 2011;
(5) $1,300,000,000 for fiscal year 2012; and
(6) such sums as are necessary for fiscal year 2013,
and each fiscal year thereafter.
SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
(a) Establishment.--There is established a State Homeland
Security Grant Program to assist State, local, and tribal
governments in preventing, preparing for, protecting against,
and responding to acts of terrorism.
(b) Application.--
(1) In general.--Each State may apply for a grant
under this section, and shall submit such information
in support of the application as the Administrator may
reasonably require.
(2) Minimum contents of application.--The
Administrator shall require that each State include in
its application, at a minimum--
(A) the purpose for which the State seeks
grant funds and the reasons why the State needs
the grant to meet the target capabilities of
that State;
(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)] (C) a description of how the State
plans to allocate the grant funds to local
governments and Indian tribes; and
[(C)] (D) a budget showing how the State
intends to expend the grant funds.
(3) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis.
(c) Distribution to Local and Tribal Governments.--
(1) In general.--Not later than 45 days after
receiving grant funds, any State receiving a grant
under this section shall make available to local and
tribal governments, consistent with the applicable
State homeland security plan--
(A) not less than 80 percent of the grant
funds;
(B) with the consent of local and tribal
governments, items, services, or activities
having a value of not less than 80 percent of
the amount of the grant; or
(C) with the consent of local and tribal
governments, grant funds combined with other
items, services, or activities having a total
value of not less than 80 percent of the amount
of the grant.
(2) Certifications regarding distribution of grant
funds to local governments.--A State shall certify to
the Administrator that the State has made the
distribution to local and tribal governments required
under paragraph (1).
(3) Extension of period.--The Governor of a State may
request in writing that the Administrator extend the
period under paragraph (1) for an additional period of
time. The Administrator may approve such a request if
the Administrator determines that the resulting delay
in providing grant funding to the local and tribal
governments is necessary to promote effective
investments to prevent, prepare for, protect against,
or respond to acts of terrorism.
(4) Exception.--Paragraph (1) shall not apply to the
District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, or the Virgin Islands.
(5) Direct funding.--If a State fails to make the
distribution to local or tribal governments required
under paragraph (1) in a timely fashion, a local or
tribal government entitled to receive such distribution
may petition the Administrator to request that grant
funds be provided directly to the local or tribal
government.
(d) Multistate Applications.--
(1) In general.--Instead of, or in addition to, any
application for a grant under subsection (b), 2 or more
States may submit an application for a grant under this
section in support of multistate efforts to prevent,
prepare for, protect against, and respond to acts of
terrorism.
(2) Administration of grant.--If a group of States
applies for a grant under this section, such States
shall submit to the Administrator at the time of
application a plan describing--
(A) the division of responsibilities for
administering the grant; and
(B) the distribution of funding among the
States that are parties to the application.
(e) Minimum Allocation.--
(1) In general.--In allocating funds under this
section, the Administrator shall ensure that--
(A) except as provided in subparagraph (B),
each State receives, from the funds
appropriated for the State Homeland Security
Grant Program established under this section,
not less than an amount equal to--
(i) 0.375 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2008;
(ii) 0.365 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2009;
(iii) 0.36 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2010;
(iv) 0.355 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2011; and
(v) 0.35 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2012 and in each fiscal year
thereafter; and
(B) for each fiscal year, American Samoa, the
Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands each receive, from
the funds appropriated for the State Homeland
Security Grant Program established under this
section, not less than an amount equal to 0.08
percent of the total funds appropriated for
grants under this section and section 2003.
(2) Effect of multistate award on state minimum.--Any
portion of a multistate award provided to a State under
subsection (d) shall be considered in calculating the
minimum State allocation under this 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.
[(f)] (g) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
(1) $950,000,000 for each of fiscal years 2008
through 2012; and
(2) such sums as are necessary for fiscal year 2013,
and each fiscal year thereafter.
SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
(a) In General.--Notwithstanding section 2004(b), the
Administrator may award grants to directly eligible tribes
under section 2004.
(b) Tribal Applications.--A directly eligible tribe may apply
for a grant under section 2004 by submitting an application to
the Administrator that includes, as appropriate, the
information required for an application by a State under
section 2004(b).
(c) Consistency With State Plans.--
(1) In general.--To ensure consistency with any
applicable State homeland security plan, a directly
eligible tribe applying for a grant under section 2004
shall provide a copy of its application to each State
within which any part of the tribe is located for
review before the tribe submits such application to the
Department.
(2) Opportunity for comment.--If the Governor of a
State determines that the application of a directly
eligible tribe is inconsistent with the State homeland
security plan of that State, or otherwise does not
support the application, not later than 30 days after
the date of receipt of that application the Governor
shall--
(A) notify the Administrator, in writing, of
that fact; and
(B) provide an explanation of the reason for
not supporting the application.
(d) Final Authority.--The Administrator shall have final
authority to approve any application of a directly eligible
tribe. The Administrator shall notify each State within the
boundaries of which any part of a directly eligible tribe is
located of the approval of an application by the tribe.
(e) Prioritization.--The Administrator shall allocate funds
to directly eligible tribes in accordance with the factors
applicable to allocating funds among States under section 2007.
(f) Distribution of Awards to Directly Eligible Tribes.--If
the Administrator awards funds to a directly eligible tribe
under this section, the Administrator shall distribute the
grant funds directly to the tribe and not through any State.
(g) Minimum Allocation.--
(1) In general.--In allocating funds under this
section, the Administrator shall ensure that, for each
fiscal year, directly eligible tribes collectively
receive, from the funds appropriated for the State
Homeland Security Grant Program established under
section 2004, not less than an amount equal to 0.1
percent of the total funds appropriated for grants
under sections 2003 and 2004.
(2) Exception.--This subsection shall not apply in
any fiscal year in which the Administrator--
(A) receives fewer than 5 applications under
this section; or
(B) does not approve at least 2 applications
under this section.
(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.
[(h)] (i) Tribal Liaison.--A directly eligible tribe applying
for a grant under section 2004 shall designate an individual to
serve as a tribal liaison with the Department and other
Federal, State, local, and regional government officials
concerning preventing, preparing for, protecting against, and
responding to acts of terrorism.
[(i)] (j) Eligibility for Other Funds.--A directly eligible
tribe that receives a grant under section 2004 may receive
funds for other purposes under a grant from the State or States
within the boundaries of which any part of such tribe is
located and from any high-risk urban area of which it is a
part, consistent with the homeland security plan of the State
or high-risk urban area.
[(j)] (k) State Obligations.--
(1) In general.--States shall be responsible for
allocating grant funds received under section 2004 to
tribal governments in order to help those tribal
communities achieve target capabilities not achieved
through grants to directly eligible tribes.
(2) Distribution of grant funds.--With respect to a
grant to a State under section 2004, an Indian tribe
shall be eligible for funding directly from that State,
and shall not be required to seek funding from any
local government.
(3) Imposition of requirements.--A State may not
impose unreasonable or unduly burdensome requirements
on an Indian tribe as a condition of providing the
Indian tribe with grant funds or resources under
section 2004.
[(k)] (l) Rule of Construction.--Nothing in this section
shall be construed to affect the authority of an Indian tribe
that receives funds under this subtitle.
SEC. 2006. TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--
(1) In general.--The Administrator shall ensure that
States and high-risk urban areas use not less than 25
percent of the total combined funds appropriated for
grants under sections 2003 and 2004 [is used] for law
enforcement terrorism prevention activities.
(2) Law enforcement terrorism prevention
activities.--Law enforcement terrorism prevention
activities include--
(A) information sharing and analysis;
(B) target hardening;
(C) threat recognition;
(D) terrorist interdiction;
(E) overtime expenses consistent with a State
homeland security plan, including for the
provision of enhanced law enforcement
operations in support of Federal agencies,
including for increased border security and
border crossing enforcement;
(F) establishing, enhancing, and staffing
with appropriately qualified personnel State,
local, and regional fusion centers that comply
with the guidelines established under section
210A(i);
(G) paying salaries and benefits for
personnel, including individuals employed by
the grant recipient on the date of the relevant
grant application, to serve as qualified
intelligence analysts;
(H) any other activity permitted under the
Fiscal Year 2007 Program Guidance of the
Department for the Law Enforcement Terrorism
Prevention Program; and
[(I) any other terrorism prevention activity
authorized by the Administrator.]
(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.
(3) Participation of underrepresented communities in
fusion centers.--The Administrator shall ensure that
grant funds described in paragraph (1) are used to
support the participation, as appropriate, of law
enforcement and other emergency response providers from
rural and other underrepresented communities at risk
from acts of terrorism in fusion centers.
(b) Office for State and Local Law Enforcement.--
(1) Establishment.--There is established in the
Policy Directorate of the Department an Office for
State and Local Law Enforcement, which shall be headed
by an Assistant Secretary for State and Local Law
Enforcement.
(2) Qualifications.--The Assistant Secretary for
State and Local Law Enforcement shall have an
appropriate background with experience in law
enforcement, intelligence, and other counterterrorism
functions.
(3) Assignment of personnel.--The Secretary shall
assign to the Office for State and Local Law
Enforcement permanent staff and, as appropriate and
consistent with sections 506(c)(2), 821, and 888(d),
other appropriate personnel detailed from other
components of the Department to carry out the
responsibilities under this subsection.
(4) Responsibilities.--The Assistant Secretary for
State and Local Law Enforcement shall--
(A) lead the coordination of Department-wide
policies relating to the role of State and
local law enforcement in preventing, preparing
for, protecting against, and responding to
natural disasters, acts of terrorism, and other
man-made disasters within the United States;
(B) serve as a liaison between State, local,
and tribal law enforcement agencies and the
Department, including through consultation with
such agencies regarding Department programs
that may impact such agencies;
(C) coordinate with the Office of
Intelligence and Analysis to ensure the
intelligence and information sharing
requirements of State, local, and tribal law
enforcement agencies are being addressed;
(D) work with the Administrator to [ensure]
certify that law enforcement and terrorism-
focused grants to State, local, and tribal
government agencies, including grants under
sections 2003 and 2004, the Commercial
Equipment Direct Assistance Program, and other
grants administered by the Department to
support fusion centers and law enforcement-
oriented programs, are appropriately focused on
terrorism prevention activities;
(E) coordinate with the Science and
Technology Directorate, the Federal Emergency
Management Agency, the Department of Justice,
the National Institute of Justice, law
enforcement organizations, and other
appropriate entities to support the
development, promulgation, and updating, as
necessary, of national voluntary consensus
standards for training and personal protective
equipment to be used in a tactical environment
by law enforcement officers; and
(F) conduct, jointly with the Administrator,
a study to determine the efficacy and
feasibility of establishing specialized law
enforcement deployment teams to assist State,
local, and tribal governments in responding to
natural disasters, acts of terrorism, or other
man-made disasters and report on the results of
that study to the appropriate committees of
Congress.
(5) Rule of construction.--Nothing in this subsection
shall be construed to diminish, supercede, or replace
the responsibilities, authorities, or role of the
Administrator.
* * * * * * *
SEC. 2008. USE OF FUNDS.
(a) Permitted Uses.--The Administrator shall permit the
recipient of a grant under section 2003 or 2004 to use grant
funds to achieve target capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
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))), through--
(1) developing and enhancing homeland security,
emergency management, or other relevant plans,
assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training
and exercises, including training and exercises
conducted under section 512 of this Act and section 648
of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 748);
(3) protecting a system or asset included on the
prioritized critical infrastructure list established
under section 210E(a)(2);
(4) purchasing, upgrading, storing, or maintaining
equipment, including computer hardware and software;
(5) ensuring operability and achieving
interoperability of emergency communications;
(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;
[(6)] (7) responding to an increase in the threat
level under the Homeland Security Advisory System, or
to the needs resulting from a National Special Security
Event;
[(7)] (8) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and
regional fusion centers that comply with the guidelines
established under section 210A(i);
[(8)] (9) enhancing school preparedness;
[(9)] (10) supporting public safety answering points;
[(10)] (11) paying salaries and benefits for
personnel, including individuals employed by the grant
recipient on the date of the relevant grant
application, to serve as qualified intelligence
analysts, regardless of whether such analysts are
current or new full-time employees or contract
employees;
[(11)] (12) paying expenses directly related to
administration of the grant, except that such expenses
may not exceed 3 percent of the amount of the grant;
[(12)] (13) any activity permitted under the Fiscal
Year 2007 Program Guidance of the Department for the
State Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program;
and
[(13)] (14) any other appropriate activity, as
determined by the Administrator.
(b) Limitations on Use of Funds.--
(1) In general.--Funds provided under section 2003 or
2004 may not be used--
(A) to supplant State or local funds, except
that nothing in this paragraph shall prohibit
the use of grant funds provided to a State or
high-risk urban area for otherwise permissible
uses under subsection (a) on the basis that a
State or high-risk urban area has previously
used State or local funds to support the same
or similar uses; or
(B) for any State or local government cost-
sharing contribution.
(2) Personnel.--
(A) In general.--Not more than 50 percent of
the amount awarded to a grant recipient under
section 2003 or 2004 in any fiscal year may be
used to pay for personnel, including overtime
and backfill costs, in support of the permitted
uses under subsection (a).
(B) Waiver.--At the request of the recipient
of a grant under section 2003 or 2004, the
Administrator may grant a waiver of the
limitation under subparagraph (A).
(3) Limitations on discretion.--
(A) In general.--With respect to the use of
amounts awarded to a grant recipient under
section 2003 or 2004 for personnel costs in
accordance with paragraph (2) of this
subsection, the Administrator may not--
(i) impose a limit on the amount of
the award that may be used to pay for
personnel, or personnel-related, costs
that is higher or lower than the
percent limit imposed in paragraph
(2)(A); or
(ii) impose any additional limitation
on the portion of the funds of a
recipient that may be used for a
specific type, purpose, or category of
personnel, or personnel-related, costs.
(B) Analysts.--If amounts awarded to a grant
recipient under section 2003 or 2004 are used
for paying salary or benefits of a qualified
intelligence analyst under subsection [(a)(10)]
(a)(11), the Administrator shall make such
amounts available without time limitations
placed on the period of time that the analyst
can serve under the grant.
(4) Construction.--
(A) In general.--A grant awarded under
section 2003 or 2004 may not be used to acquire
land or to construct buildings or other
physical facilities.
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve target capabilities
related to preventing, preparing for,
protecting against, or responding to
acts of terrorism, including through
the alteration or remodeling of
existing buildings for the purpose of
making such buildings secure against
acts of terrorism.
(ii) Requirements for exception.--No
grant awarded under section 2003 or
2004 may be used for a purpose
described in clause (i) unless--
(I) specifically approved by
the Administrator;
(II) any construction work
occurs under terms and
conditions consistent with the
requirements under section
611(j)(9) of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5196(j)(9)); and
(III) the amount allocated
for purposes under clause (i)
does not exceed the greater of
$1,000,000 or 15 percent of the
grant award.
(5) Recreation.--Grants awarded under this subtitle
may not be used for recreational or social purposes.
(c) Multiple-Purpose Funds.--Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments
from using grant funds under sections 2003 and 2004 in a manner
that enhances preparedness for disasters unrelated to acts of
terrorism, if such use assists such governments in achieving
target capabilities related to preventing, preparing for,
protecting against, or responding to acts of terrorism.
(d) Reimbursement of Costs.--
(1) Paid-on-call or volunteer reimbursement.--In
addition to the activities described in subsection (a),
a grant under section 2003 or 2004 may be used to
provide a reasonable stipend to paid-on-call or
volunteer emergency response providers who are not
otherwise compensated for travel to or participation in
training or exercises related to the purposes of this
subtitle. Any such reimbursement shall not be
considered compensation for purposes of rendering an
emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(2) Performance of federal duty.--An applicant for a
grant under section 2003 or 2004 may petition the
Administrator to use the funds from its grants under
those sections for the reimbursement of the cost of any
activity relating to preventing, preparing for,
protecting against, or responding to acts of terrorism
that is a Federal duty and usually performed by a
Federal agency, and that is being performed by a State
or local government under agreement with a Federal
agency.
(e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or
2004, the Administrator may authorize the grant recipient to
transfer all or part of the grant funds from uses specified in
the grant agreement to other uses authorized under this
section, if the Administrator determines that such transfer is
in the interests of homeland security.
(f) Equipment Standards.--If an applicant for a grant under
section 2003 or 2004 proposes to upgrade or purchase, with
assistance provided under that grant, new 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),
the applicant shall include in its application an explanation
of why such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or exceed
such standards.
(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.
(h) Review Process.--The Administrator shall develop and
implement a uniform process for reviewing applications to use
grants provided under section 2003 or 2004 to purchase
equipment or systems not included on the Authorized Equipment
List maintained by the Administrator.
SEC. 2009. OPERATION STONEGARDEN.
(a) Establishment.--There is established in the Department a
program to be known as ``Operation Stonegarden''. Under such
program, the Secretary, acting through the Administrator, shall
make grants to eligible law enforcement agencies, through the
State Administrative Agency, to enhance border security in
accordance with this section.
(b) Eligible Recipients.--To be eligible to receive a grant
under this section, a law enforcement agency shall--
(1) be located in--
(A) a State bordering either Canada or
Mexico; or
(B) a State or territory with a maritime
border; and
(2) be involved in an active, ongoing U.S. Customs
and Border Protection operation coordinated through a
sector office.
(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for any of the following:
(1) Equipment, including maintenance and sustainment
costs.
(2) Personnel, including overtime and backfill, in
support of enhanced border law enforcement activities.
(3) Any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year
2015 Homeland Security Grant Program Notice of Funding
Opportunity.
(4) Any other appropriate activity, as determined by
the Administrator, in consultation with the
Commissioner of U.S. Customs and Border Protection.
(d) Authorization of Appropriations.--There is authorized to
be appropriated $110,000,000 for each of fiscal years 2016
through 2020 for grants under this section.
(e) Report.--The Administrator shall annually submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a report containing information on the
expenditure of grants made under this section by each grant
recipient.
Subtitle B--Grants Administration
SEC. 2021. ADMINISTRATION AND COORDINATION.
(a) Regional Coordination.--The Administrator shall ensure
that--
(1) all recipients of grants administered by the
Department to prevent, prepare for, protect against, or
respond to natural disasters, acts of terrorism, or
other man-made disasters (excluding assistance provided
under section 203, title IV, or title V of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.))
coordinate, as appropriate, their prevention,
preparedness, and protection efforts with neighboring
State, local, and tribal governments; and
(2) all high-risk urban areas and other recipients of
grants administered by the Department to prevent,
prepare for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made
disasters (excluding assistance provided under section
203, title IV, or title V of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133, 5170 et seq., and 5191 et seq.)) that include or
substantially affect parts or all of more than 1 State
coordinate, as appropriate, across State boundaries,
including, where appropriate, through the use of
regional working groups and requirements for regional
plans.
(b) Planning Committees.--
[(1) In general.--Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall
establish a planning committee to assist in preparation
and revision of the State, regional, or local homeland
security plan and to assist in determining effective
funding priorities for grants under sections 2003 and
2004.
[(2) Composition.--
[(A) In general.--The planning committee
shall include representatives of significant
stakeholders, including--
[(i) local and tribal government
officials; and
[(ii) emergency response providers,
which shall include representatives of
the fire service, law enforcement,
emergency medical response, and
emergency managers.
[(B) Geographic representation.--The members
of the planning committee shall be a
representative group of individuals from the
counties, cities, towns, and Indian tribes
within the State or high-risk urban area,
including, as appropriate, representatives of
rural, high-population, and high-threat
jurisdictions.]
(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.
(3) Existing planning committees.--Nothing in this
subsection may be construed to require that any State
or high-risk urban area create a planning committee or
urban area working group, as the case may be, if that
State or high-risk urban area has established and uses
a multijurisdictional planning committee or commission
that meets the requirements of this subsection.
(c) Interagency Coordination.--
(1) In general.--Not later than 12 months after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary
(acting through the Administrator), the Attorney
General, the Secretary of Health and Human Services,
and the heads of other agencies providing assistance to
State, local, and tribal governments for preventing,
preparing for, protecting against, and responding to
natural disasters, acts of terrorism, and other man-
made disasters, shall jointly--
(A) compile a comprehensive list of Federal
grant programs for State, local, and tribal
governments for preventing, preparing for,
protecting against, and responding to natural
disasters, acts of terrorism, and other man-
made disasters;
(B) compile the planning, reporting,
application, and other requirements and
guidance for the grant programs described in
subparagraph (A);
(C) develop recommendations, as appropriate,
to--
(i) eliminate redundant and
duplicative requirements for State,
local, and tribal governments,
including onerous application and
ongoing reporting requirements;
(ii) ensure accountability of the
programs to the intended purposes of
such programs;
(iii) coordinate allocation of grant
funds to avoid duplicative or
inconsistent purchases by the
recipients;
(iv) make the programs more
accessible and user friendly to
applicants; and
(v) ensure the programs are
coordinated to enhance the overall
preparedness of the Nation;
(D) submit the information and
recommendations under subparagraphs (A), (B),
and (C) to the appropriate committees of
Congress; and
(E) provide the appropriate committees of
Congress, the Comptroller General, and any
officer or employee of the Government
Accountability Office with full access to any
information collected or reviewed in preparing
the submission under subparagraph (D).
(2) Scope of task.--Nothing in this subsection shall
authorize the elimination, or the alteration of the
purposes, as delineated by statute, regulation, or
guidance, of any grant program that exists on the date
of the enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, nor authorize the
review or preparation of proposals on the elimination,
or the alteration of such purposes, of any such grant
program.
(d) Sense of Congress.--It is the sense of Congress that, in
order to ensure that the Nation is most effectively able to
prevent, prepare for, protect against, and respond to all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters--
(1) the Department should administer a coherent and
coordinated system of both terrorism-focused and all-
hazards grants;
(2) there should be a continuing and appropriate
balance between funding for terrorism-focused and all-
hazards preparedness, as reflected in the
authorizations of appropriations for grants under the
amendments made by titles I and II, as applicable, of
the Implementing Recommendations of the 9/11 Commission
Act of 2007; and
(3) with respect to terrorism-focused grants, it is
necessary to ensure both that the target capabilities
of the highest risk areas are achieved quickly and that
basic levels of preparedness, as measured by the
attainment of target capabilities, are achieved
nationwide.
* * * * * * *
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.
* * * * * * *
----------
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT
* * * * * * *
SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
(a) In general.--The Secretary is authorized to establish,
operate, and maintain a National Domestic Preparedness
Consortium within the Department.
(b) Members.--Members of the National Domestic Preparedness
Consortium shall consist of--
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and Rescue
Training Center, Texas A&M University;
(5) the National Exercise, Test, and Training Center,
Nevada Test Site;
(6) the Transportation Technology Center,
Incorporated, in Pueblo, Colorado; and
(7) the National Disaster Preparedness Training
Center, University of Hawaii.
(c) Duties.--The National Domestic Preparedness Consortium
shall identify, develop, test, and deliver training to State,
local, and tribal emergency response providers, provide on-site
and mobile training at the performance and management and
planning levels, and facilitate the delivery of training by the
training partners of the Department.
(d) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary--
[(1) for the Center for Domestic Preparedness--
[(A) $57,000,000 for fiscal year 2008;
[(B) $60,000,000 for fiscal year 2009;
[(C) $63,000,000 for fiscal year 2010; and
[(D) $66,000,000 for fiscal year 2011; and
[(2) for the National Energetic Materials Research
and Testing Center, the National Center for Biomedical
Research and Training, the National Emergency Response
and Rescue Training Center, the National Exercise,
Test, and Training Center, the Transportation
Technology Center, Incorporated, and the National
Disaster Preparedness Training Center each--
[(A) $22,000,000 for fiscal year 2008;
[(B) $23,000,000 for fiscal year 2009;
[(C) $24,000,000 for fiscal year 2010; and
[(D) $25,500,000 for fiscal year 2011.]
(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.
(e) Savings Provision.--From the amounts appropriated
pursuant to this section, the Secretary shall ensure that
future amounts provided to each of the following entities are
not less than the amounts provided to each such entity for
participation in the Consortium in fiscal year [2007] 2015--
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and Rescue
Training Center, Texas A&M University; and
(5) the National Exercise, Test, and Training Center,
Nevada Test Site.
* * * * * * *
SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE
(a) Security Assistance Program.--
(1) In general.--The Secretary shall establish a
program for making grants to eligible public
transportation agencies for security improvements
described in subsection (b).
(2) Eligibility.--A public transportation agency is
eligible for a grant under this section if the
Secretary has performed a security assessment or the
agency has developed a security plan under section
1405. Grant funds shall only be awarded for permissible
uses under subsection (b) to--
(A) address items included in a security
assessment; or
(B) further a security plan.
(b) Uses of Funds.--A recipient of a grant under subsection
(a) shall use the grant funds for one or more of the following:
(1) Capital uses of funds, including--
(A) tunnel protection systems;
(B) perimeter protection systems, including
access control, installation of improved
lighting, fencing, and barricades;
(C) redundant critical operations control
systems;
(D) chemical, biological, radiological, or
explosive detection systems, including the
acquisition of canines used for such detection;
(E) surveillance equipment;
(F) communications equipment, including
mobile service equipment to provide access to
wireless Enhanced 911 (E911) emergency services
in an underground fixed guideway system;
(G) emergency response equipment, including
personal protective equipment;
(H) fire suppression and decontamination
equipment;
(I) global positioning or tracking and
recovery equipment, and other automated-
vehicle-locator-type system equipment;
(J) evacuation improvements;
(K) purchase and placement of bomb-resistant
trash cans throughout public transportation
facilities, including subway exits, entrances,
and tunnels;
(L) capital costs associated with security
awareness, security preparedness, and security
response training, including training under
section 1408 and exercises under section 1407;
(M) security improvements for public
transportation systems, including extensions
thereto, in final design or under construction;
(N) security improvements for stations and
other public transportation infrastructure,
including stations and other public
transportation infrastructure owned by State or
local governments; and
(O) other capital security improvements
determined appropriate by the Secretary.
(2) Operating uses of funds, including--
(A) security training, including training
under section 1408 and training developed by
institutions of higher education and by
nonprofit employee labor organizations, for
public transportation employees, including
frontline employees;
(B) live or simulated exercises under section
1407;
(C) public awareness campaigns for enhanced
public transportation security;
(D) canine patrols for chemical,
radiological, biological, or explosives
detection;
(E) development of security plans under
section 1405;
(F) overtime reimbursement including
reimbursement of State, local, and tribal
governments, for costs for enhanced security
personnel during significant national and
international public events;
(G) operational costs, including
reimbursement of State, local, and tribal
governments for costs for personnel assigned to
full-time or part-time security or
counterterrorism duties related to public
transportation, provided that this expense
totals no more than 10 percent of the total
grant funds received by a public transportation
agency in any 1 year; and
(H) other operational security costs
determined appropriate by the Secretary,
excluding routine, ongoing personnel costs,
other than those set forth in this section.
(c) Department of Homeland Security Responsibilities.--In
carrying out the responsibilities under subsection (a), the
Secretary shall--
(1) determine the requirements for recipients of
grants under this section, including application
requirements;
(2) pursuant to subsection (a)(2), select the
recipients of grants based solely on risk; and
(3) pursuant to subsection (b), establish the
priorities for which grant funds may be used under this
section.
(d) Distribution of Grants.--Not later than 90 days after the
date of enactment of this Act, the Secretary and the Secretary
of Transportation shall determine the most effective and
efficient way to distribute grant funds to the recipients of
grants determined by the Secretary under subsection (a).
Subject to the determination made by the Secretaries, the
Secretary may transfer funds to the Secretary of Transportation
for the purposes of disbursing funds to the grant recipient.
(e) Subject to Certain Terms and Conditions.--Except as
otherwise specifically provided in this section, a grant
provided under this section shall be subject to the terms and
conditions applicable to a grant made under section 5307 of
title 49, United States Code, as in effect on January 1, 2007,
and such other terms and conditions as are determined necessary
by the Secretary.
(f) Limitation on Uses of Funds.--Grants made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(g) Annual Reports.--Each recipient of a grant under this
section shall report annually to the Secretary on the use of
the grant funds.
(h) Guidelines.--Before distribution of funds to recipients
of grants, the Secretary shall issue guidelines to ensure that,
to the extent that recipients of grants under this section use
contractors or subcontractors, such recipients shall use small,
minority, women-owned, or disadvantaged business concerns as
contractors or subcontractors to the extent practicable.
(i) Coordination With State Homeland Security Plans.--In
establishing security improvement priorities under section 1405
and in awarding grants for capital security improvements and
operational security improvements under subsection (b), the
Secretary shall act consistently with relevant State homeland
security plans.
(j) Multistate Transportation Systems.--In cases in which a
public transportation system operates in more than one State,
the Secretary shall give appropriate consideration to the risks
of the entire system, including those portions of the States
into which the system crosses, in establishing security
improvement priorities under section 1405 and in awarding
grants for capital security improvements and operational
security improvements under subsection (b).
(k) Congressional Notification.--Not later than 3 days before
the award of any grant under this section, the Secretary shall
notify simultaneously, the appropriate congressional committees
of the intent to award such grant.
(l) Return of Misspent Grant Funds.--The Secretary shall
establish a process to require the return of any misspent grant
funds received under this section determined to have been spent
for a purpose other than those specified in the grant award.
(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.
[(m)] (n) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary to make grants under this section--
(A) such sums as are necessary for fiscal
year 2007;
(B) $650,000,000 for fiscal year 2008, except
that not more than 50 percent of such funds may
be used for operational costs under subsection
(b)(2);
(C) $750,000,000 for fiscal year 2009, except
that not more than 30 percent of such funds may
be used for operational costs under subsection
(b)(2);
(D) $900,000,000 for fiscal year 2010, except
that not more than 20 percent of such funds may
be used for operational costs under subsection
(b)(2); and
(E) $1,100,000,000 for fiscal year 2011,
except that not more than 10 percent of such
funds may be used for operational costs under
subsection (b)(2).
(2) Period of availability.--Sums appropriated to
carry out this section shall remain available until
expended.
(3) Waiver.--The Secretary may waive the limitation
on operational costs specified in subparagraphs (B)
through (E) of paragraph (1) if the Secretary
determines that such a waiver is required in the
interest of national security, and if the Secretary
provides a written justification to the appropriate
congressional committees prior to any such action.
(4) Effective date.--Funds provided for fiscal year
2007 transit security grants under Public Law 110-28
shall be allocated based on security assessments that
are in existence as of the date of enactment of this
Act.
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle VII--Security and Drug Enforcement
* * * * * * *
CHAPTER 701--PORT SECURITY
Subchapter I--GENERAL
* * * * * * *
Sec. 70107. Grants
(a) In General.--The Secretary shall establish a grant
program for the allocation of funds based on risk to implement
Area Maritime Transportation Security Plans and facility
security plans among port authorities, facility operators, and
State and local government agencies required to provide port
security services and to train law enforcement personnel under
section 70132 of this title. Before awarding a grant under the
program, the Secretary shall provide for review and comment by
the appropriate Federal Maritime Security Coordinators and the
Maritime Administrator. In administering the grant program, the
Secretary shall take into account national economic, energy,
and strategic defense concerns based upon the most current risk
assessments available.
(b) Eligible Costs.--The following costs of funding the
correction of Coast Guard identified vulnerabilities in port
security and ensuring compliance with Area Maritime
Transportation Security Plans and facility security plans are
eligible to be funded:
(1) Salary, benefits, overtime compensation,
retirement contributions, and other costs of additional
Coast Guard mandated security personnel.
(2) The cost of acquisition, operation, and
maintenance of security equipment or facilities to be
used for security monitoring and recording, security
gates and fencing, marine barriers for designated
security zones, security-related lighting systems,
remote surveillance, concealed video systems, security
vessels, and other security-related infrastructure or
equipment that contributes to the overall security of
passengers, cargo, or crewmembers. Grants awarded under
this section may not be used to construct buildings or
other physical facilities, except those which are
constructed under terms and conditions consistent with
the requirements under section 611(j)(8) of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121(j)(8)), including those facilities
in support of this paragraph, and specifically approved
by the Secretary. Costs eligible for funding under this
paragraph may not exceed the greater of--
(A) $1,000,000 per project; or
(B) such greater amount as may be approved by
the Secretary, which may not exceed 10 percent
of the total amount of the grant.
(3) The cost of screening equipment, including
equipment that detects weapons of mass destruction and
conventional explosives, and of testing and evaluating
such equipment, to certify secure systems of
transportation.
(4) The cost of conducting vulnerability assessments
to evaluate and make recommendations with respect to
security.
(5) The cost of conducting exercises or training for
prevention and detection of, preparedness for, response
to, or recovery from terrorist attacks.
(6) The cost of establishing or enhancing mechanisms
for sharing terrorism threat information and ensuring
that the mechanisms are interoperable with Federal,
State, and local agencies.
(7) The cost of equipment (including software)
required to receive, transmit, handle, and store
classified information.
(8) The cost of training law enforcement personnel--
(A) to enforce a security zone under section
70132 of this title; or
(B) assist in the enforcement of a security
zone.
(c) Matching Requirements.--
(1) 75-percent federal funding.--Except as provided
in paragraph (2), Federal funds for any eligible
project under this section shall not exceed 75 percent
of the total cost of such project.
(2) Exceptions.--
(A) Small projects.--There are no matching
requirements for grants under subsection (a)
for projects costing not more than $25,000.
(B) Higher level of support required.--If the
Secretary determines that a proposed project
merits support and cannot be undertaken without
a higher rate of Federal support, then the
Secretary may approve grants under this section
with a matching requirement other than that
specified in paragraph (1).
(C) Training.--There are no matching
requirements for grants under subsection (a) to
train law enforcement agency personnel in the
enforcement of security zones under section
70132 of this title or in assisting in the
enforcement of such security zones.
(d) Coordination and Cooperation Agreements.--The Secretary
shall ensure that projects paid for, or the costs of which are
reimbursed, under this section within any area or port are
coordinated with other projects, and may require cooperative
agreements among users of the port and port facilities with
respect to projects funded under this section.
(e) Multiple-Year Projects.--
(1) Letters of intent.--The Secretary may execute
letters of intent to commit funding to such
authorities, operators, and agencies.
(2) Limitation.--Not more than 20 percent of the
grant funds awarded under this subsection in any fiscal
year may be awarded for projects that span multiple
years.
(f) Consistency With Plans.--The Secretary shall ensure that
each grant awarded under subsection (e)--
(1) is used to supplement and support, in a
consistent and coordinated manner, the applicable Area
Maritime Transportation Security Plan; and
(2) is coordinated with any applicable State or Urban
Area Homeland Security Plan.
(g) Applications.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a
grant under this section, at such time, in such form, and
containing such information and assurances as the Secretary may
require.
(h) Reports.--Not later than 180 days after the date of the
enactment of the SAFE Port Act, the Secretary, acting through
the Commandant of the Coast Guard, shall submit a report to
Congress, in a secure format, describing the methodology used
to allocate port security grant funds on the basis of risk.
(i) Administration.--
(1) In general.--The Secretary shall require eligible
port authorities, facility operators, and State and
local agencies required to provide security services,
to submit an application, at such time, in such form,
and containing such information and assurances as the
Secretary may require, and shall include appropriate
application, review, and delivery mechanisms.
(2) Minimum standards for payment or reimbursement.--
Each application for payment or reimbursement of
eligible costs shall include, at a minimum, the
following:
(A) A copy of the applicable Area Maritime
Transportation Security Plan or facility
security plan.
(B) A comprehensive description of the need
for the project, and a statement of the
project's relationship to the applicable Area
Maritime Transportation Security Plan or
facility security plan.
(C) A determination by the Captain of the
Port that the security project addresses or
corrects Coast Guard identified vulnerabilities
in security and ensures compliance with Area
Maritime Transportation Security Plans and
facility security plans.
(3) Procedural safeguards.--The Secretary shall by
regulation establish appropriate accounting, reporting,
and review procedures to ensure that amounts paid or
reimbursed under this section are used for the purposes
for which they were made available, all expenditures
are properly accounted for, and amounts not used for
such purposes and amounts not obligated or expended are
recovered.
(4) Project approval required.--The Secretary may
approve an application for the payment or reimbursement
of costs under this section only if the Secretary is
satisfied that--
(A) the project is consistent with Coast
Guard vulnerability assessments and ensures
compliance with Area Maritime Transportation
Security Plans and facility security plans;
(B) enough money is available to pay the
project costs that will not be reimbursed by
the United States Government under this
section;
(C) the project will be completed without
unreasonable delay; and
(D) the recipient has authority to carry out
the project as proposed.
(j) Audits and Examinations.--A recipient of amounts made
available under this section shall keep such records as the
Secretary may require, and make them available for review and
audit by the Secretary, the Comptroller General of the United
States, or the Inspector General of the department in which the
Coast Guard is operating.
(k) Reports on Security Funding and Compliance.--
(1) Initial report.--Within 6 months after the date
of enactment of this Act, the Secretary shall transmit
an unclassified report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure, that--
(A) includes a funding proposal and rationale
to fund the correction of Coast Guard
identified vulnerabilities in port security and
to help ensure compliance with Area Maritime
Transportation Security Plans and facility
security plans for fiscal years 2003 through
2008; and
(B) includes projected funding proposals for
fiscal years 2003 through 2008 for the
following security programs:
(i) The Sea Marshall program.
(ii) The Automated Identification
System and a system of polling vessels
on entry into United States waters.
(iii) The maritime intelligence
requirements in this Act.
(iv) The issuance of transportation
security cards required by section
70105.
(v) The program of certifying secure
systems of transportation.
(2) Other expenditures.--The Secretary shall, as part
of the report required by paragraph (1) report, in
coordination with the Commissioner of Customs, on
projected expenditures of screening and detection
equipment and on cargo security programs over fiscal
years 2003 through 2008.
(3) Annual reports.--Annually, beginning 1 year after
transmittal of the report required by paragraph (1)
until October 1, 2009, the Secretary shall transmit an
unclassified annual report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure, on progress in achieving compliance
with the correction of Coast Guard identified
vulnerabilities in port security and compliance with
Area Maritime Transportation Security Plans and
facility security plans that--
(A) identifies any modifications necessary in
funding to ensure the correction of Coast Guard
identified vulnerabilities and ensure
compliance with Area Maritime Transportation
Security Plans and facility security plans;
(B) includes an assessment of progress in
implementing the grant program established by
subsection (a);
(C) includes any recommendations the
Secretary may make to improve these programs;
and
(D) with respect to a port selected by the
Secretary, describes progress and enhancements
of applicable Area Maritime Transportation
Security Plans and facility security plans and
how the Maritime Transportation Security Act of
2002 has improved security at that port.
(l) Authorization of Appropriations.--There are authorized to
be appropriated $400,000,000 for each of the fiscal years 2007
through 2013 to carry out this section.
(m) Investigations.--
(1) In general.--The Secretary shall conduct
investigations, fund pilot programs, and award grants,
to examine or develop--
(A) methods or programs to increase the
ability to target for inspection vessels,
cargo, crewmembers, or passengers that will
arrive or have arrived at any port or place in
the United States;
(B) equipment to detect accurately
explosives, chemical, or biological agents that
could be used in a transportation security
incident against the United States;
(C) equipment to detect accurately nuclear or
radiological materials, including
scintillation-based detection equipment capable
of signalling the presence of nuclear or
radiological materials;
(D) improved tags and seals designed for use
on shipping containers to track the
transportation of the merchandise in such
containers, including sensors that are able to
track a container throughout its entire supply
chain, detect hazardous and radioactive
materials within that container, and transmit
that information to the appropriate law
enforcement authorities;
(E) tools, including the use of satellite
tracking systems, to increase the awareness of
maritime areas and to identify potential
transportation security incidents that could
have an impact on facilities, vessels, and
infrastructure on or adjacent to navigable
waterways, including underwater access;
(F) tools to mitigate the consequences of a
transportation security incident on, adjacent
to, or under navigable waters of the United
States, including sensor equipment, and other
tools to help coordinate effective response to
a transportation security incident;
(G) applications to apply existing
technologies from other areas or industries to
increase overall port security;
(H) improved container design, including
blast-resistant containers; and
(I) methods to improve security and
sustainability of port facilities in the event
of a maritime transportation security incident,
including specialized inspection facilities.
(2) Implementation of technology.--
(A) In general.--In conjunction with ongoing
efforts to improve security at United States
ports, the Secretary may conduct pilot projects
at United States ports to test the
effectiveness and applicability of new port
security projects, including--
(i) testing of new detection and
screening technologies;
(ii) projects to protect United
States ports and infrastructure on or
adjacent to the navigable waters of the
United States, including underwater
access; and
(iii) tools for responding to a
transportation security incident at
United States ports and infrastructure
on or adjacent to the navigable waters
of the United States, including
underwater access.
(B) Authorization of appropriations.--There
is authorized to be appropriated to the
Secretary $35,000,000 for each of fiscal years
2005 through 2009 to carry out this subsection.
(3) National port security centers.--
(A) In general.--The Secretary may make
grants or enter into cooperative agreements
with eligible nonprofit institutions of higher
learning to conduct investigations in
collaboration with ports and the maritime
transportation industry focused on enhancing
security of the Nation's ports in accordance
with this subsection through National Port
Security Centers.
(B) Applications.--To be eligible to receive
a grant under this paragraph, a nonprofit
institution of higher learning, or a consortium
of such institutions, shall submit an
application to the Secretary in such form and
containing such information as the Secretary
may require.
(C) Competitive selection process.--The
Secretary shall select grant recipients under
this paragraph through a competitive process on
the basis of the following criteria:
(i) Whether the applicant can
demonstrate that personnel, laboratory,
and organizational resources will be
available to the applicant to carry out
the investigations authorized in this
paragraph.
(ii) The applicant's capability to
provide leadership in making national
and regional contributions to the
solution of immediate and long-range
port and maritime transportation
security and risk mitigation problems.
(iii) Whether the applicant can
demonstrate that is has an established,
nationally recognized program in
disciplines that contribute directly to
maritime transportation safety and
education.
(iv) Whether the applicant's
investigations will involve major
United States ports on the East Coast,
the Gulf Coast, and the West Coast, and
Federal agencies and other entities
with expertise in port and maritime
transportation.
(v) Whether the applicant has a
strategic plan for carrying out the
proposed investigations under the
grant.
(4) Administrative provisions.--
(A) No duplication of effort.--Before making
any grant, the Secretary shall coordinate with
other Federal agencies to ensure the grant will
not duplicate work already being conducted with
Federal funding.
(B) Accounting.--The Secretary shall by
regulation establish accounting, reporting, and
review procedures to ensure that funds made
available under paragraph (1) are used for the
purpose for which they were made available,
that all expenditures are properly accounted
for, and that amounts not used for such
purposes and amounts not expended are
recovered.
(C) Recordkeeping.--Recipients of grants
shall keep all records related to expenditures
and obligations of funds provided under
paragraph (1) and make them available upon
request to the Inspector General of the
department in which the Coast Guard is
operating and the Secretary for audit and
examination.
(5) Annual review and report.--The Inspector General
of the department in which the Coast Guard is operating
shall annually review the programs established under
this subsection to ensure that the expenditures and
obligations of funds are consistent with the purposes
for which they are provided, and report the findings to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(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.
* * * * * * *
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POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
* * * * * * *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Subtitle C--Comprehensive Preparedness System
* * * * * * *
CHAPTER 1--NATIONAL PREPAREDNESS SYSTEM
* * * * * * *
[SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
[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 and disseminate lessons learned and
best practices;
[(2) generate and disseminate, as appropriate, after
action reports to participants in exercises and real-
world events; and
[(3) conduct remedial action tracking and long-term
trend analysis.]
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.
* * * * * * *
SEC. 653. FEDERAL PREPAREDNESS.
(a) Agency responsibility.--In support of the national
preparedness system, the President shall ensure that each
Federal agency with responsibilities under the National
Response Plan--
(1) has the operational capability to meet the
national preparedness goal, including--
(A) the personnel to make and communicate
decisions;
(B) organizational structures that are
assigned, trained, and exercised for the
missions of the agency;
(C) sufficient physical resources; and
(D) the command, control, and communication
channels to make, monitor, and communicate
decisions;
(2) complies with the National Incident Management
System, including credentialing of personnel and typing
of resources likely needed to respond to a natural
disaster, act of terrorism, or other man-made disaster
in accordance with section 510 of the Homeland Security
Act of 2002 (6 U.S.C. 320);
(3) develops, trains, and exercises rosters of
response personnel to be deployed when the agency is
called upon to support a Federal response;
(4) develops deliberate operational plans and the
corresponding capabilities, including crisis planning,
to respond effectively to natural disasters, acts of
terrorism, and other man-made disasters in support of
the National Response Plan to ensure a coordinated
Federal response; and
(5) regularly updates, verifies the accuracy of, and
provides to the Administrator the information in the
inventory required under section 651.
(b) Operational plans.--An operations plan developed under
subsection (a)(4) shall meet the following requirements:
(1) The operations plan shall be coordinated under a
unified system with a common terminology, approach, and
framework.
(2) The operations plan shall be developed, in
coordination with State, local, and tribal government
officials, to address both regional and national risks.
(3) The operations plan shall contain, as
appropriate, the following elements:
(A) Concepts of operations.
(B) Critical tasks and responsibilities.
(C) Detailed resource and personnel
requirements, together with sourcing
requirements.
(D) Specific provisions for the rapid
integration of the resources and personnel of
the agency into the overall response.
(4) The operations plan shall address, as
appropriate, the following matters:
(A) Support of State, local, and tribal
governments in conducting mass evacuations,
including--
(i) transportation and relocation;
(ii) short- and long-term sheltering
and accommodation;
(iii) provisions for populations with
special needs, keeping families
together, and expeditious location of
missing children; and
(iv) policies and provisions for
pets.
(B) The preparedness and deployment of public
health and medical resources, including
resources to address the needs of evacuees and
populations with special needs.
(C) The coordination of interagency search
and rescue operations, including land, water,
and airborne search and rescue operations.
(D) The roles and responsibilities of the
Senior Federal Law Enforcement Official with
respect to other law enforcement entities.
(E) The protection of critical
infrastructure.
(F) The coordination of maritime salvage
efforts among relevant agencies.
(G) The coordination of Department of Defense
and National Guard support of civilian
authorities.
(H) To the extent practicable, the
utilization of Department of Defense, National
Air and Space Administration, National Oceanic
and Atmospheric Administration, and commercial
aircraft and satellite remotely sensed imagery.
(I) The coordination and integration of
support from the private sector and
nongovernmental organizations.
(J) The safe disposal of debris, including
hazardous materials, and, when practicable, the
recycling of debris.
(K) The identification of the required surge
capacity.
(L) Specific provisions for the recovery of
affected geographic areas.
(c) Mission assignments.--To expedite the provision of
assistance under the National Response Plan, the President
shall ensure that the Administrator, in coordination with
Federal agencies with responsibilities under the National
Response Plan, develops prescripted mission assignments,
including logistics, communications, mass care, health
services, and public safety.
(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.
[(d)] (e) Certification.--The President shall certify 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 on an annual basis that each Federal agency
with responsibilities under the National Response Plan complies
with subsections (a) and (b).
[(e)] (f) Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of Defense
with regard to--
(1) the command, control, training, planning,
equipment, exercises, or employment of Department of
Defense forces; or
(2) the allocation of Department of Defense
resources.
* * * * * * *
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SECTION 10102 OF TITLE 5, UNITED STATES CODE
Sec. 10102. Strategic human capital plan
(a) Plan Development Not later than 6 months after the date
of enactment of this chapter, the Administrator shall develop
and submit to the appropriate committees of Congress a
strategic human capital plan to shape and improve the workforce
of the Agency.
(b) Contents The strategic human capital plan shall include--
(1) a workforce gap analysis, including an assessment
of--
(A) the critical skills and competencies that
will be needed in the workforce of the Agency
to support the mission and responsibilities of,
and effectively manage, the Agency during the
10-year period beginning on the date of
enactment of this chapter;
(B) the skills and competencies of the
workforce of the Agency on the day before the
date of enactment of this chapter and projected
trends in that workforce, based on expected
losses due to retirement and other attrition;
and
(C) the staffing levels of each category of
employee, including gaps in the workforce of
the Agency on the day before the date of
enactment of this chapter and in the projected
workforce of the Agency that should be
addressed to ensure that the Agency has
continued access to the critical skills and
competencies described in subparagraph (A);
(2) a plan of action for developing and reshaping the
workforce of the Agency to address the gaps in critical
skills and competencies identified under paragraph
(1)(C), including--
(A) specific recruitment and retention goals,
including the use of the bonus authorities
under this chapter as well as other bonus
authorities (including the program objective of
the Agency to be achieved through such goals);
(B) specific strategies for developing,
training, deploying, compensating, and
motivating and retaining the Agency workforce
and its ability to fulfill the Agency's mission
and responsibilities (including the program
objectives of the Department and the Agency to
be achieved through such strategies);
(C) specific strategies for recruiting
individuals who have served in multiple State
agencies with emergency management
responsibilities; and
(D) specific strategies for the development,
training, and coordinated and rapid deployment
of the Surge Capacity Force; and
(3) a discussion that--
(A) details the number of employees of the
Department not employed by the Agency serving
in the Surge Capacity Force and the
qualifications or credentials of such
individuals;
(B) details the number of individuals not
employed by the Department serving in the Surge
Capacity Force and the qualifications or
credentials of such individuals;
(C) describes the training given to the Surge
Capacity Force during the calendar year
preceding the year of submission of the plan
under subsection (c);
(D) states whether the Surge Capacity Force
is able to adequately prepare for, respond to,
and recover from natural disasters, acts of
terrorism, and other man-made disasters,
including catastrophic incidents; and
(E) describes any additional authorities or
resources necessary to address any deficiencies
in the Surge Capacity Force.
(c) Annual Updates Not later than May 1, [2007] 2016, and May
1st of each of the next 5 succeeding years, the Administrator
shall submit to the appropriate committees of Congress an
update of the strategic human capital plan, including an
assessment by the Administrator, using results-oriented
performance measures, of the progress of the Department and the
Agency in implementing the strategic human capital plan.
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