Congressional Research Service Report: 'Disaster Recovery Reform Act of 2018 – Implementation Update Tables for Select Provisions'

WASHINGTON, April 27 -- The Congressional Research Service issued the following report (No. R46774) entitled "The Disaster Recovery Reform Act of 2018: Implementation Update Tables for Select Provisions":

The report was co-authored by Emergency management and disaster recovery analysts Elizabeth M. Webster and Erica A. Lee, flood insurance and emergency

management analyst Diane P. Horn, American federalism and emergency management policy analyst Natalie Keegan, American national government specialist Bruce R. Lindsay and natural resources policy analyst Anna E. Normand.

SUMMARY

Numerous natural disasters--including Hurricanes Harvey, Irma, and Maria in 2017 and the devastating wildfires in California during 2017 and 2018--served as catalysts for significant recent changes in federal emergency management policy. Most of these policy changes were included in the Disaster Recovery Reform Act of 2018 (DRRA; Division D of the FAA Reauthorization Act of 2018 (P.L. 115-254)). DRRA is the most comprehensive reform ofthe Federal Emergency Management Agency's (FEMA's) disaster assistance programs since the passage of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) and the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295).

As with past disaster legislation, lessons learned revealed areas that could be improved through legislative and programmatic changes. DRRA was intended to improve disaster preparedness, response, recovery, and mitigation, including pre-disaster mitigation; clarify assistance program eligibility, processes, and limitations; and increase FEMA's transparency and accountability. To accomplish these objectives, DRRA amended many sections of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act,P.L. 93-288, as amended; 42 U.S.C. Sec.Sec.5121 et seq.), which is the foundational legislation for federal emergency authorities and disaster relief to local, state, territorial, and Indian tribal governments, certain private nonprofit organizations, and individuals and families, as well as emergency management policy. DRRA also included standalone authorities, and required rulemaking, reports to Congress, and other actions.

In DRRA's 46 sections, FEMA identified 56 discrete requirements for which it is responsible to implement. As of December 7, 2020, FEMA reported that it has implemented 46 of these. This report includes three tables of select DRRA provisions that FEMA says it has implemented or is in the process of implementing. Table 1 provides information related to the DRRA provisions FEMA has already implemented; Table 2 provides information related to the DRRA provisions that are in progress; and Table 3 provides information related to DRRA provisions for which CRS was unable to verify the implementation status. Within each table, the DRRA provisions are organized by whether they relate to programmatic changes; reporting requirements; rulemaking and regulations; and guidance and other required actions. The tables include DRRA provisions prioritized by FEMA for implementation and other provisions that significantly changed federal assistance or authorities under the Stafford Act that have been of congressional interest since DRRA's enactment. Provisions of congressional interest include increasing support for mitigation efforts, including by replacing FEMA's Pre-Disaster Mitigation Grant Program with the Building Resilient Infrastructure and Communities (BRIC) Grant Program (DRRA Section 1234); requiring FEMA to issue rules, including to define "resilience," and to revise the procedures for evaluating requests for Public Assistance (PA) pursuant to a major disaster declaration (DRRA Section 1239); and establishing statutes of limitations for the recoupment of federal assistance provided to individuals and households, and to PA Applicants (DRRA Section 1216). The tables do not include DRRA provisions assigned to other federal entities or officers, such as the Department of Homeland Security Office of Inspector General (DHS OIG), for implementation.

A companion product, CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Updates for Select Provisions, provides a more detailed description and analysis of some of the provisions included in the tables below that are of sustained and significant interest to Congress. Further, detailed overviews of many DRRA sections, including descriptions of how various disaster assistance programs operated prior to DRRA's implementation and analysis of how DRRA's provisions modified these programs, as well as policy considerations,were previously examined in CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions.

Introduction

The Disaster Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254) was enacted on October 5, 2018, and is the most comprehensive reform of the Federal Emergency Management Agency's (FEMA's) disaster assistance programs since the passage of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) and the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295). DRRA's purpose is to improve pre-disaster planning and mitigation, response, and recovery, and increase FEMA's accountability./1

To accomplish these objectives, DRRA amended many sections of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, P.L. 93-288, as amended; 42 U.S.C. Sec.Sec.5121 et seq.). The Stafford Act is the foundational legislation for federal emergency authorities and disaster relief to local, state, territorial, and Indian tribal governments, certain private nonprofit organizations, and individuals and families, as well as emergency management policy. DRRA also provided new standalone authorities, and required rulemaking, reporting to Congress, and other actions by FEMA to support disaster preparedness, and increase FEMA transparency and accountability.

DRRA is comprised of 46 sections (DRRA Sections 1201-1246). Most DRRA sections assign FEMA responsibility for implementing various required actions. As of December 7, 2020, FEMA reported that it had implemented 46 of DRRA's 56 discrete provisions./2

DRRA sections that are reportedly still in progress include provisions related to

* rulemaking (see DRRA Sections 1211(a); 1235(d); and 1239(b));

* reporting to Congress (see DRRA Sections 1204(c); 1211(a); 1239(a); and 1240); and

* updating policies and issuing guidance (see DRRA Section 1216(c); and 1228).

This report provides implementation status updates for select DRRA provisions that FEMA says it has implemented or is in the process of implementing. To that end, Table 1 provides information related to the DRRA provisions FEMA has implemented; Table 2 provides information related to the DRRA provisions that are in progress; and Table 3 provides information related to DRRA provisions for which CRS was unable to verify the implementation status. Within each table, the DRRA provisions are organized by whether the listed provision relates to

* programmatic effects;

* reporting requirements;

* rulemaking and regulations; and

* guidance and other required actions.

A companion product, CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Updates for Select Provisions, provides a more detailed description and analysis of some of the provisions in the tables below. Those provisions, which are marked in the tables by an asterisk (*), focus primarily on the DRRA provisions that FEMA is responsible for implementing related to mitigation, Public Assistance, and accountability and oversight. These provisions have been of significant and sustained congressional interest since DRRA's enactment.

The companion report also offers policy considerations for Congress related to the enforcement of DRRA's implementation deadlines, and DRRA's implementation in light of the federal, state, local, Indian tribal, and territorial response to the Coronavirus Disease 2019 (COVID-19) pandemic.

Additional background information on many of DRRA's provisions can be found in CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions, which includes an overview of the federal assistance programs as they existed prior to DRRA's enactment, and a discussion of how they were modified; the context or rationale for program modifications or changes to disaster assistance policies; and potential considerations and issues for Congress. While CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions, coordinated by Elizabeth M. Webster and Bruce R. Lindsay also includes tables of deadlines associated with DRRA's reporting, rulemaking and regulations, and other implementation actions and requirements, the tables included in this report are more up to date and, as mentioned, are organized by implementation status rather than the type of implementation action required.

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Report Limitations and Caveats

The following limitations and caveats apply to this report:

* This report provides implementation updates for select aspects of provisions enacted in DRRA. It does not include updates for every DRRA provision, nor does it include updates for every provision included in the tables within CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions.

* The information included in this report is subject to change, including due to subsequent administrative or congressional actions.

* The implementation information included represents the best available information as of February 11, 2021 (or the date cited).

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Tables of DRRA Implementation Updates

The following three tables provide implementation updates associated with DRRA's programmatic effects, reporting requirements, rulemaking and regulations, and guidance and other required actions. These tables focus on the implementation of select DRRA provisions, and are organized by each provision's implementation status (i.e., implemented, in progress, or unverified).

The information included in the tables is based on publicly available information and information reported by FEMA, including through correspondence between CRS staff and FEMA Office of External Affairs staff, FEMA's Disaster Recovery Reform Act (DRRA) Annual Report, 2019 (hereinafter FEMA, 2019 DRRA Report), and FEMA's "Disaster Recovery Reform Act of 2018" website, available at https://www.fema.gov/disasters/disaster-recovery-reform-act-2018.

Features of the tables are as follows:

* Some DRRA sections include multiple implementation actions and requirements. As such, they may appear multiple times within a table or in multiple tables. This may occur if some provisions of a section have been implemented (e.g., an interim policy has been issued), and others remain in progress (e.g., the final rule has not been issued but is in the process of being drafted). Where relevant, the subsection may also be listed (for the example provided, see DRRA Section 1235(b) and 1235(d), respectively).

* Some DRRA sections do not specify the date by which the implementation action or requirement must be completed. For these sections, the due date and calendar deadline are listed as "N/A."

* The DRRA sections that include requirements for ongoing actions (e.g., monthly reporting requirements) list the deadline as "ongoing."

* In several cases, DRRA's implementation deadlines have passed.

* In several cases, DRRA's implementation deadlines have passed. Additional information regarding DRRA deadlines and actions that Congress may take to enforce the implementation deadlines are described in the "Enforcement of Implementation Deadlines" section of CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Updates for Select Provisions.

* Abbreviations used in the tables are defined in the associated table notes sections.

Implemented Provisions

Table 1 lists the DRRA provisions FEMA reported as being implemented in numerical order by DRRA section. It includes the relevant DRRA sections; the referenced Stafford Act sections, if applicable; and FEMA's actions to implement the provisions.

Content omitted: Table 1. Implemented DRRA Provisions

In Progress

Table 2 lists the DRRA provisions that FEMA reported as in the process of being implemented, and is organized chronologically by the implementation deadline. It includes the relevant DRRA sections; the referenced Stafford Act sections, if applicable; FEMA's actions to implement the provisions; the due dates described in DRRA; and the implementation deadlines expressed as calendar dates.

Content omitted: Table 2. In Progress DRRA Provisions

Unverified Status

Table 3 lists the DRRA provisions for which CRS was unable to verify the implementation status (e.g., information is not publicly available). It is organized chronologically by the implementation deadline, and includes the relevant DRRA sections; the referenced Stafford Act sections, if applicable; the due dates described in DRRA; and the implementation deadlines expressed as calendar dates.

Content omitted: Table 3. Unverified Status of DRRA Provision Implementation Concluding Observations

As of December 7, 2020, FEMA reported that it has implemented 46 of DRRA's 56 discrete provisions assigned to the agency. Some of these remaining provisions have been implemented in part, and others are in progress. Congress may continue overseeing the implementation of DRRA's provisions through hearings or other inquiries. Congress may also review the effectiveness and impacts of FEMA's DRRA-related regulations and policy guidance to ensure the post-DRRA changes to disaster assistance programs and policies fulfill congressional intent.

Author Information

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View tables, footnotes and full text of the report at https://crsreports.congress.gov/product/pdf/R/R46774