House Appropriations Issues Report on Homeland Security – Title III – Protection, Preparedness, Response & Recovery – FEMA (Part 9 of 11)

WASHINGTON, Aug. 17 -- The House Appropriations Committee issued a report (H.Rpt. 117-87) in explanation of the accompanying bill (H.R. 4431) making appropriations for the Homeland Security Department for the fiscal year ending Sept. 30, 2022. The report was advanced by Rep. Lucille Roybal-Allard, D-California, on July 15, 2021.

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(Continued from Part 8 of 11)

Federal Emergency Management Agency

Appropriation, fiscal year 2021... $21,910,571,000

Budget request, fiscal year 2022... 24,270,180,000

Recommended in the bill... 24,023,531,000

Bill compared with:

Appropriation, fiscal year 2021... +2,112,960,000

Budget request, fiscal year 2022... -246,649,000

*Note--the amounts for each fiscal year include appropriations for the Radiological Emergency Preparedness program that are entirely offset by fee collections, which for fiscal year 2022 are estimated by CBO at $33,630,000.

MISSION

The Federal Emergency Management Agency (FEMA) helps build, sustain, and improve the nation's capability to prepare for, protect against, respond to, recover from, and mitigate all hazards through disaster response, recovery, and grant programs supporting first responders, emergency management, mitigation activities, and preparedness.

OPERATIONS AND SUPPORT

Appropriation, fiscal year 2021... $1,129,282,000

Budget request, fiscal year 2022... 1,232,162,000

Recommended in the bill... 1,262,966,000

Bill compared with:

Appropriation, fiscal year 2021... +133,684,000

Budget request, fiscal year 2022... +30,804,000

The recommendation includes the following increases above the request: $20,000,000 for the Next Generation Warning System as part of the Integrated Public Alert and Warning System; $350,000 to administer the Alternatives to Detention Case Management Services Pilot grant program; $7,500,000 for homeland security preparedness grant evaluations; $2,350,000 to administer the ICE Noncustodial Migrant Shelter Grants program. The recommendation does not include the proposed realignment of $604,000 for the Office for Faith and Neighborhood Partnerships from FEMA to the Office of Partnership and Engagement (OPE).

MITIGATION

Chief Resilience Officer.--The Committee is aware that six states have designated a Chief Resilience Officer (CRO) to coordinate planning and response activities associated with flooding, sea level rise, and severe storm risk. The Committee expects FEMA to continue to coordinate with the existing state CROs in addition to all of FEMA's SLTT partners to identify opportunities for collaboration, create new efficiencies in federal-state relations, and identify how new or existing federal funding and other resources, including non-federal resources, may be used to develop state-wide resilience master plans. FEMA should also work with other states that are beginning to take the lead on resilience by creating agencies, offices, or positions specifically tasked with overseeing large adaptation projects, proactively incorporating resilience into old and new infrastructure, and coordinating across agencies. To the extent possible, existing programs and initiatives should be leveraged to include resilience and adaptation in lieu of creating entirely new programs or initiatives that would run in parallel with but be disconnected from existing state programs.

Hazard Mitigation Natural Infrastructure.--The Committee is aware that rehabilitation or establishment of natural infrastructure, including marshes, wetlands, mangroves, and dunes can improve resiliency, reducing damage from flooding and coastal storm surges and leading to more effective floodplain management. Such natural infrastructure can also have long-term beneficial impacts on topography and soils, water quality, wetland health, floodplains, coastal resources, aquatic resources, environmental justice, and public health and safety in coastal areas. In addition environmental mitigation measures offer both aesthetic and recreational value.

The Committee urges FEMA to continue to coordinate with the Department of Agriculture, Environmental Protection Agency (EPA), National Oceanic and Atmospheric Administration, and U.S. Army Corps of Engineers, as well as state, local, and tribal governments and business and non-profit stakeholders, on developing and supporting conservation and environment-based flood mitigation measures to reduce the impact of floods on communities, lives, and livelihoods, and utilize mitigation grant funds for natural infrastructure projects that will mitigate future damage.

Increased Resilience in Energy Infrastructure Disaster Recovery.--The Committee expects FEMA to work with states to integrate energy efficiency and renewable energy into pre- disaster mitigation projects that receive federal funding. In addition, FEMA's Mitigation Leadership Framework Group (MitFLG) and other interagency collaborations are effective existing mechanisms for sharing information and aligning efforts to integrate energy efficiency, renewable energy, and energy storage strategies, with results that should also benefit state and local stakeholders. State and local collaborations are key to leveraging various federal funding to integrate energy efficiency, renewable and energy storage into mitigation and resilience projects. To support effective utilization of federal resources, the Committee urges the development and sharing of actionable recommendations and best practices by MitFLG member departments and agencies and their planning components to the greatest extent possible to inform planning by state and local stakeholders.

Mississippi River Resilience.--The Committee encourages FEMA to continue its role as an essential federal stakeholder with the EPA's development of the Mississippi River Restoration and Resiliency Strategy, as directed in House Report 116-458. FEMA is also directed to engage with the U.S. Geological Service as it hosts the Mississippi River Science Forum and to contribute to the proceedings as a federal agency with relevant scientific expertise.

Urban Area Flooding.--In fiscal year 2020, FEMA was provided funding for a pilot grant program to help local government grants enhance the mapping of urban flooding. Within 30 days of the date of enactment of this Act, FEMA is directed to brief the Committee on the results of that pilot and whether a more permanent program should be established.

PREPAREDNESS AND PROTECTION

The recommendation includes $20,000,000 for the Next Generation Warning System as part of the Integrated Public Alert and Warning System, including up to three percent for administration. The Committee expects FEMA to work with the Corporation for Public Broadcasting to implement this program for public broadcasting entities, as defined in 47 U.S.C. 397(11).

OneResponder.--The Committee appreciates FEMA's continued efforts to catalog personnel capabilities within the National Qualification System and OneResponder. Prior to establishing a requirement for SLTT officials to participate in this system as a condition of receiving federal grant funding, FEMA shall brief the Committee on the rationale for adopting such a policy, including a description of how the agency received and adjudicated stakeholder input.

In addition, because SLTT governments have the primary responsibility to respond to disasters and emergencies and their response efforts are generally more cost effective, FEMA is encouraged to use federal deployments through OneResponder as a backup resource for when Emergency Management Assistance Compact (EMAC) deployments will not be sufficient to fully respond to a disaster. FEMA shall brief the Committee on plans and procedures for federal deployments through OneResponder prior to implementing this new capability.

REGIONAL OPERATIONS

The Committee recommends the requested funding for a pilot for Regional Assessment Teams in two regions consistent with the findings from FEMA's COVID-19 Initial Assessment Report.

RESPONSE AND RECOVERY

Urban Search and Rescue.--The Committee recommends the requested funding level for the Urban Search and Rescue Response System (USAR) to fully support the 28 USAR Task Forces, including resources to recapitalize critical communications equipment necessary to conduct life-saving search and rescue operations and to sustain swift water and chemical, biological, radiological, and nuclear rescue operations.

MISSION SUPPORT

Faith and Neighborhood Partnerships.--The Committee rejects the proposed realignment of funding for the Office of Faith and Neighborhood Partnerships from FEMA to the DHS Office of Public Engagement, which would require explicit statutory authority. The requirement for such authority comes from the Post Katrina Emergency Management Reform Act of 2006 (Title VI of Public Law 109-295) and section 506 of the Homeland Security Act (6 U.S.C. 316), which were enacted as a result of previous efforts to remove FEMA functions.

Information Technology (IT) Systems.--The Committee recognizes the vital function of independent verification and validation (IV&V) of IT systems and processes by third party experts to eliminate waste, fraud, and abuse and directs the Chief Information Officer (CIO) to prioritize IV&V in complying with the intent of Congress in the Federal Information Technology Acquisition Act. In addition, acquisition program baselines should include appropriate funding to support IV&V work. The Committee further directs the CIO to establish effective, independent IT oversight, such as through independent government personnel or through a contractor to validate whether contract requirements are met. Within 120 days of the date of enactment of this Act, FEMA shall brief the Committee on its IV&V approach and any implementation shortfalls.

Preparedness Grant Evaluations.--The request proposed a new administrative provision that would have authorized FEMA to transfer up to one percent of State Homeland Security Program (SHSP) and Urban Area Security Initiative (UASI) grant funding to O&S to conduct evaluations of grants awarded through those programs. The Committee rejects the proposed transfer of funds and instead recommends a direct appropriation through O&S of $7,500,000 for such evaluations. FEMA shall brief the Committee, within 45 days of the date of enactment of this Act, on a plan for the use of these funds.

In addition, the plan shall include requirements for FEMA to report on authorized equipment and a requirement for grant recipients to report whether any deaths or injuries have resulted from the use of any grant funded equipment, supplies or materials as well as surveillance technology is acquired or used with grant funds and how grant recipients are providing appropriate safeguards for the protection of privacy and civil liberties.

Tribal Mutual Aid.--The nation's emergency management system should ensure a level of disaster response support to tribes at least at the level provided to states, territories and local governments. Within 90 days of the date of enactment of this Act, FEMA shall brief the Committee on existing mutual aid resources available to tribes; how those resources are currently utilized; and suggestions for improvements or necessary changes, including changes to procedures, policies or laws. The briefing should be informed by consultation with tribes and address how current systems and agreements, such as EMAC and existing tribal-state agreements are currently providing such assistance or can be modified to do so.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

Appropriation, fiscal year 2021... $105,985,000

Budget request, fiscal year 2022... 188,212,000

Recommended in the bill... 188,212,000

Bill compared with:

Appropriation, fiscal year 2021... +82,227,000

Budget request, fiscal year 2022... - - -

Financial Systems Modernization (FSM).--The current FEMA financial management system utilizes an older IT application that is unable to accommodate many new and emerging requirements. This raises risks of non-compliance with requirements and audit findings, introduces security vulnerabilities, requires significant manual processes, and perpetuates poor reporting functionality. These shortcomings also lead to increased costs, capability gaps from unmet requirements, technical obsolescence, risks not adequately addressed through internal controls, and reduced responsiveness. FEMA's FSM project is intended to eliminate these legacy deficiencies and system gaps by replacing Web IFMIS, the agency's core financial system, and the supporting Payment and Reporting System (PARS) with a modern Enterprise Resource Planning (ERP) solution.

A good example of the current problem is the process for reimbursing state and local governments and utilities, which can produce multiple, inconsistent estimates over time due to high turnover of personnel, inconsistent guidelines, inconsistent staff advice, in combination with the inefficiency of the legacy financial management system. The Committee is aware of concerns that such deficiencies may be leading to the potentially inaccurate claw back of reimbursements, leading some private sector contractors involved in rebuilding efforts on behalf of public entities to question whether FEMA can be a good disaster recovery partner. During the development and implementation of the FSM, the Committee urges FEMA to ensure the new reimbursement system has the capability to fairly and more efficiently manage reimbursements for disaster recovery projects and activities.

FEDERAL ASSISTANCE (INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2021... $3,294,892,000

Budget request, fiscal year 2022... 3,302,470,000

Recommended in the bill... 3,525,017,000

Bill compared with:

Appropriation, fiscal year 2021... +230,125,000

Budget request, fiscal year 2022... +222,547,000

A comparison of the budget request to the Committee recommended level by budget activity is as follows:

[Link to table at bottom of document.]

GRANTS

Aging Fire and Emergency Response Vehicles.--The Committee is aware that, due to funding shortfalls and the rising cost of firefighting vehicles, communities around the country continue to operate equipment well beyond their recommended replacement dates. In the city of Chicago, for example, 40 percent of firefighting engines and ladder trucks have exceeded their useful lifespan. Although the average fire engine in Baltimore is at the end of its 8-year recommended lifespan, the current replacement cycle there is 16 years. As new technologies are introduced and safety standards evolve, it is critical that fire companies and emergency response teams have modern vehicles to help them protect the health and safety of the public from fire and other hazards. The Committee encourages FEMA to consider the replacement of fire and emergency response vehicles as a priority in establishing criteria for awards under the Assistance to Firefighter Grants program.

Assistance to Firefighter Grants.--Recognizing the economic and operational hardships caused by the current pandemic, an administrative provision is included the bill to allow FEMA to waive the matching and maintenance of expenditure provisions for the Assistance to Firefighter Grants program. The Committee expects that the Administrator will use the discretion granted in section 313 of the bill as much of possible to relieve the economic and operational hardships caused by the pandemic.

Continuing Training Grants.--The total under this heading includes $12,000,000 for Continuing Training Grants to support competitively awarded training programs to address specific national preparedness gaps such as cybersecurity, economic recovery, housing, and rural and tribal preparedness. Of this amount, not less than $3,000,000 shall be prioritized to be competitively awarded for FEMA-certified rural and tribal training.

Countering Domestic Violent Extremism.--The Committee supports the designation of domestic violent extremism as a National Priority Area for the fiscal year 2021 SHSP and UASI Grant programs, end encourages its continued designation as a priority for fiscal year 2022.

Crude Oil by Rail.--FEMA is encouraged to give high priority consideration to grants for planning, training, and equipment to firefighters who are responsible for crude oil by rail and ethanol by rail derailment and incident response to help meet the needs of our most vulnerable communities and first responders.

Domestic Sourcing of Personal Protective Equipment.--When issuing a Notice of Funding Opportunity or updating the Preparedness Grants Manual for the State Homeland Security Grant Program or the Urban Area Security Initiative, the Committee directs FEMA to encourage entities receiving these funds to give procurement preference to and purchase directly from domestic manufacturers of PPE or PPE raw materials to the maximum practicable and allowable by law.

High Hazard Dams.--The National Inventory of Dams lists 91,457 dams, of which approximately 2,380 are classified as high hazard potential dams in poor or unsatisfactory condition. Recent catastrophic failures, like that of the Oroville Dam spillway in California in 2017 and the Edenville and Sanford dams in Michigan in 2020 serve as a warning about the potential consequences of ignoring infrastructure that no longer meets safety standards. The Committee recognizes that dams are critical infrastructure that provide water retention and control services, as well as ecological, economic, and energy benefits to nearby communities and provides $12,000,000 in continued funding for the High Hazard Potential Dam grant for technical, planning, design, and construction assistance for eligible dams. Within 120 days of the date of enactment of this Act, FEMA shall provide a briefing to the Committee on the effectiveness and cost-benefits of the program, as well recommendations for making it more effective.

Preparedness Grant Reporting.--The Committee is aware of concerns that FEMA preparedness grant funding, which is intended to help communities prepare for and respond to terrorist attacks and for the dual use of those capabilities in responding to natural disasters,--not routine law enforcement activities--may also have supported controversial law enforcement responses to mass gathering and protest events. Among the eligible uses of SHSP and UASI funding are:

(1) school hardening measures to protect against active shooters;

(2) development of preparedness plans;

(3) emergency preparedness training, including training related to under-represented, diverse populations that may be more impacted by disasters;

(4) support for state and urban area terrorism- related fusion centers;

(5) Improving the physical security of critical infrastructure or at-risk nonprofit organizations; (6) building and sustaining radiological and nuclear detection capabilities;

(7) acquisition and sustainment of critical emergency supplies, including food, water, and medical equipment;

(8) construction of communications towers;

(9) emergency management accreditation of local jurisdictions;

(10) activities in support of achieving FEMA's National Incident Management System objectives;

(11) addressing emerging threats, such as cybersecurity breaches and attacks and combatting domestic extremist violence;

(12) preparedness for community-based organizations that provide a safety net for individuals disproportionately impacted by disasters, including food banks, homeless shelters, job training centers, and cultural centers; and

(13) Citizen Corps Whole Community Councils and Community Emergency Response Teams.

The Committee notes that the purchase of weapons, weapons accessories (including ammunition), and weaponized vehicles are not eligible costs under SHSP and UASI and directs FEMA to adhere to the recommendations issued pursuant to Executive Order 13688 to help ensure SHSP and UASI funding remains focused on its intended purposes.

To improve transparency and public awareness regarding the use of these grants, FEMA is directed to brief the Committee, within 45 days from the date of enactment of this Act, on recommendations for how reporting by grant recipients could be appropriately expanded to include death or injury reporting related to the use of equipment, supplies, or materials acquired with FEMA grant funds, along with additional reporting on the use of surveillance technology acquired or operated with grant funds and the safeguards put in place by the recipient to protect privacy and civil liberties.

School Safety.--School hardening measures are eligible activities under the UASI and SHSG programs. Funds may be used for bullet resistant doors and glass; hinge-locking mechanisms; immediate notification to emergency 911 systems; mechanisms that provide real time actionable intelligence directly to law enforcement and first responders; installation of distraction devices or other countermeasures administered by law enforcement; and other measures determined to provide significant improvement to schools physical security. The Committee encourages FEMA to work with states and school districts to increase awareness of these funding opportunities.

Staffing for Adequate Fire and Emergency Response (SAFER).--The bill continues a provision from prior years to allow FEMA to waive the matching and maintenance of expenditure provisions for the SAFER program. The Committee expects that the Administrator will use the discretion granted in section 310 as much of possible to relieve the economic and operational hardships caused by the current pandemic.

Transit Security Grant Program (TSGP).--The Committee is aware that many TSGP applicants have been unsuccessful in getting grant awards to address transit security risks, while other grantees have at times received awards in recurring years to continue operational activities. The Committee encourages FEMA to consider whether recurring grants for ongoing operational activities is the best investment of limited federal grant funding, and to consider giving priority to applicants that have not received an award within the previous three years. FEMA is directed to brief the Committee on the current risk assessment and grant award prioritization criteria for the current program not later than 60 days after the date of enactment of this Act. An increase of $10,000,000 is recommended for TSGP in the bill to allow FEMA to make awards to additional applicants.

Urban Area Security Initiative (UASI).--The Implementing Recommendations of the 9/11 Commission Act of 2007 requires the FEMA Administrator to conduct an annual assessment of the relative threat, vulnerabilities, and consequences from acts of terrorism faced by each of the 100 most populous metropolitan statistical areas (MSA) in the United States Based on this assessment, the Administrator designates high-risk urban areas that are eligible for UASI grants. While the factors included in this assessment are defined in statute, the specific criteria that inform these factors and the methodology used to carry out the assessment are at the discretion of the Secretary and the Administrator, who review them on an annual basis. The Committee directs the Secretary to make UASI awards consistent with the prioritization instructions in the explanatory statement accompanying Public Law 116-260.

The Committee is aware that the Secretary withdrew a major change to the distribution of UASI funding for FY 2021 that had been proposed by the prior administration without sufficient stakeholder consultation. Prior to considering any such changes in the future, the Committee expects FEMA to seek stakeholder input; provide significant lead time for jurisdictions to plan and adjust; and brief the Committee on the proposed changes and the plan for consulting stakeholders early in the process.

The Committee is aware that some urban area boundaries under UASI cross state borders. FEMA is encouraged to work with states to ensure that such urban areas take an inclusive, regional approach to the development and implementation of their UASI programs that includes all components of urban areas under threat.

Community Project Funding Grants

[Link to table at bottom of document.]

DISASTER RELIEF FUND

Appropriation, fiscal year 2021... $17,142,000,000

Budget request, fiscal year 2022... 19,299,000,000

Recommended in the bill... 18,799,000,000

Bill compared with:

Appropriation, fiscal year 2021... +1,657,000,000

Budget request, fiscal year 2022... -500,000,000

In lieu of providing of new funding proposed under this heading for climate mitigation grants, the Committee recommends funding for that activity through a repurposing of funds in section 311 of the bill.

2017 Hurricane Recovery.--The Committee remains concerned about the overall pace of recovery from the 2017 Hurricanes in Puerto Rico and the U.S. Virgin Islands. Congress provided FEMA with additional authority to expedite and expand the scope of disaster recovery in the Balanced Budget Act of 2018 (Public Law 115-123), the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254) and the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law 116-20); House Report 116-458 reminded FEMA to make full use of this authority.

Unfortunately, the Committee has received reports that FEMA is not using this authority to the extent permitted by law and intended by Congress, including for determinations of eligibility for repairs or replacement of facilities. The Committee again reminds FEMA of the authority provided and directs FEMA to use such authority to provide the maximum assistance allowable.

The Committee appreciates the quarterly interagency briefings provided on recovery from these 2017 Hurricanes and directs that future briefings address the impact of the pandemic on disaster recovery efforts and how FEMA intends to fully use its authority in support of those efforts.

Breastfeeding.--The Committee recognizes that breastfeeding confers meaningful clinical benefits for babies and mothers while reducing healthcare costs and continues to urge FEMA to ensure that breastfeeding mothers impacted by disasters have access to breastfeeding services and supplies through its Critical Needs Assistance, Other Needs Assistance, and other programs. In the aftermath of a disaster, FEMA is directed to support families with young children by giving them priority consideration for immediate access to a shelter (temporary community shelter, hotel room, temporary housing, etc.) with a clean, safe, and private non-bathroom stall, space available for expressing breast milk, sanitary drinking water, a power supply, and access to a refrigerator for safe storage of food and/or expressed breastmilk. Breast pumps and related supplies should also be listed as eligible items under both Critical Needs Assistance and Other Needs Assistance programs Bilingual and Multi-lingual Staff.--The Committee encourages FEMA to continue hiring bilingual and multi-lingual staff to meet the language needs of disaster survivors.

Community Disaster Loans.--The explanatory statement accompanying Public Law 116-260 directed FEMA to brief the Committee on its plans for implementing the loan cancellation provisions in the Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017, Public Law 115-72; FEMA recently acknowledged this plan has not yet been developed. Within 15 days of the date of enactment of this Act, FEMA is directed to brief the Committee on a plan for implementing this provision. The Committee expects that plan to provide for using the maximum discretion permitted for cancellation of these loans.

Debris Removal.--The Committee is aware of concerns from disaster survivors about eligibility for debris removal on private property in FEMA's disaster programs, particularly for circumstances in which trees that have fallen on private property in the aftermath of storms or wildfires. The Committee reminds FEMA that under the Stafford Act, it has wide discretion on eligibility for debris removal that is determined to be in the public interest. Within 90 days of the date of enactment of this Act, FEMA shall brief the Committee on eligibility for private property debris removal in both the Public Assistance program and the Individuals and Households Program (IHP), including a discussion of FEMA's statutory authority and whether FEMA is fully using such authority.

De-Energization.--The Committee is aware that the increasing severity and frequency of extreme weather events has prompted efforts to reduce the risks of catastrophic wildfires by adopting "de-energization" protocols, under which electrical power is temporarily shut off for businesses, schools, healthcare facilities, and residences. The Committee encourages FEMA to reimburse the cost of generators for individuals who are affected by de-energization protocols implemented as a result of a presidentially declared major disaster.

Direct Federal Assistance (DFA).--By regulation and consistent with the Stafford Act, FEMA will only provide DFA when disaster response requirements exceed the capability of SLTT. In some cases under current FEMA policy, however, the agency will not reimburse SLTT governments that contract for or carry out a response activity or seek assistance through mutual aid. Within 60 days of the date of enactment of this Act, FEMA shall brief the Committee on the provision of assistance through various mechanisms, including DFA, mutual aid, and SLTT governments directly performing or contracting for services. The briefing shall include a discussion of the law, regulations, and policies governing the different mechanisms; the costs for each; and how each support the federal policy codified in the Stafford Act to increase SLTT capacity and coordination.

Disaster Contractor and Subcontractor Payments.--The explanatory statement accompanying Public Law 116-260 directed FEMA to brief the Committee on the backlog of unpaid contractor and subcontractor invoices for recovery activities in the U.S. Virgin Islands and Puerto Rico from 2017 hurricanes. FEMA is directed to continue those briefings until the backlog is eliminated.

Disaster Recovery Reform Act Implementation.--The Committee recognizes the efforts FEMA has made to implement the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254) and the positive impact that has made for states, communities and disaster survivors. However, in House Report 116-458 the Committee noted there are a number of unimplemented provisions that were immediately effective or have overdue statutory deadlines; unfortunately, this is still the case.

While the Committee recognizes that this was likely due to the operational burdens imposed on FEMA during its response to the pandemic, the Committee urges FEMA to implement these requirements expeditiously. Previously, FEMA had been providing quarterly briefings on the status of the implementation of the Disaster Recovery Reform Act; the Committee directs FEMA to resume those briefings until all requirements have been implemented. In addition, within 15 days of the date of enactment of this Act, FEMA is directed to brief the Committee on the rulemaking under section 1235 of that Act, which would define "resilient" and "resiliency," including an update on the status of the rulemaking and the process going forward, including the expected timeline for issuing a final rule.

Disaster Survivors Experiencing Homelessness.--Some of the most vulnerable survivors during and in the aftermath of a disaster are individuals and families who face homelessness. Traditionally FEMA disaster assistance in the immediate aftermath of a disaster has been generally limited to short term sheltering and other immediate needs because longer-term housing needs were deemed not to be caused by the disaster.

During the pandemic, FEMA worked with states, communities, and non-profit organizations to provide innovative assistance to reduce the risk for those experiencing homelessness, including the use of non-congregant sheltering. The Committee believes that FEMA should use this experience to reassess the services that can be provided to individuals and families that experience homelessness.

Within 60 days of the date of enactment of this Act, FEMA shall brief the Committee on the lessons learned from the response to the pandemic on how assistance can be provided to those experiencing homelessness before, during and after disasters and on assessment of how policies, programs, and procedures can be changed to assist those who are most vulnerable. The assessment should consider how such assistance could be provided through collaboration with other federal agencies, SLTT governments, and non-profit organizations, including those that are not traditionally active in disaster response.

Disaster Workforce.--The Committee recognizes the difficulty that FEMA faces in maintaining a workforce that is ready to deploy before, during and after disasters while also being as judicious as possible with the use of funding and other resources. In order to help FEMA address this challenge, Congress provided specific hiring authority in section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149), which was most recently amended by section 1222 of the Disaster Recovery Reform Act of 2018 (Division D of Public Law 115-254). Those recent amendments included provisions to allow FEMA's Stafford Act workforce to become eligible for positions in the competitive service.

The Committee has been made aware of concerns about workplace conditions especially for its Stafford Act workforce. In addition, the Agency has not been completely responsive to information requests about its new authority, especially as it relates to reservists. Within 60 days of the date of enactment of this Act, FEMA shall brief the Committee on current protections for all categories of its Stafford Act workforce, including reservists, and any plans to increase or change those protections. In addition, the briefing shall describe FEMA's implementation of section 306(c) of the Stafford Act and include the following information for each of the last three fiscal years: the different categories of Stafford Act personnel (i.e. type of appointment), including reservists; the number in each category; the number in each category who were or would be eligible for appointment under section 306(c); and the number in each category who accepted an appointment under section 306(c).

Electric Grid Resiliency.--The Committee reminds FEMA of the requirement in House Report 116-458 to brief the Committee on alternative methods to repair, rebuild, and fortify disaster damaged electric grids, which is overdue. FEMA is directed to expeditiously provide the briefing, which shall include a cost/ benefit analysis of various alternatives, such as traditional wood poles, composite utility poles, and underground cables; take into account such considerations as geography, availability of materials, ease of storage, delivery and installation logistics of replacement materials, annual maintenance, and the effects of climate change; and address the potential impacts related to equipment maintenance costs and vegetation management over the life of the project.

Equity in Disaster Assistance under IHP.--The Committee is aware of concerns raised about inequities in the delivery of disaster assistance to disaster survivors, especially through IHP, from a number of sources including concerns from constituents, media reports and a recent GAO report, Disaster Assistance Additional Actions Needed to Strengthen FEMA's Individuals and Households Program GAO-20-503. Among the concerns that have been raised are: that FEMA's programs provide disproportionately less assistance to minority communities and those in urban and rural disadvantaged communities; and the application process and procedures are too complicated, causing many to discontinue their applications due to these difficulties or due to a mistaken belief that they are not eligible. In addition, FEMA's attempts to prevent fraudulent applications may be so restrictive as to inadvertently screen out many who may appropriately qualify for assistance. The Committee encourages FEMA to allow disaster survivors to provide alternative documentation for establishing property ownership, including self-certification, as appropriate, beyond the jurisdictions where it is currently allowed.

The Committee understands that FEMA is currently taking steps to review and address equity issues in the delivery of its programs, including the chartering of an Equity Enterprise Steering Group and launching an equity analysis of the delivery of IHP assistance, efforts that the Committee strongly supports. Within 60 days of the date of enactment of this Act, FEMA shall brief the Committee on these efforts and on how FEMA is implementing the recommendations in the GAO report. The briefing shall also describe FEMA's procedures for reducing fraudulent disaster applications and the results of an analysis on how those procedures may be inappropriately discouraging disaster victims from seeking or receiving assistance.

Modular Housing.--The Committee recognizes the vital support FEMA provides to communities and disaster survivors in the aftermath of major disasters, including housing assistance for individuals and families displaced from their homes. Within 90 days of the date of enactment of this Act, FEMA shall brief the Committee on the feasibility and benefits of using modular housing under current FEMA authorities and programs as a more efficient and effective temporary housing solution.

Public Assistance Briefings.--In House Report 116-180, the Committee directed FEMA to brief the Committee on reducing duplicative and conflicting administrative requirements in the Public Assistance program, as well as a briefing on project worksheet development. In House Report 116-458, the Committee noted that these briefings were overdue, while recognizing the operational constraints caused by the pandemic. With those constraints waning, the Committee expects FEMA to provide the briefings in an expeditious manner.

STEM Education After Disasters.--The Committee encourages FEMA to continue working with SLTT governments and eligible private, nonprofit educational institutions to ensure that disaster recovery planning includes the establishment of temporary facilities to provide continuity in STEM education, as appropriate.

NATIONAL FLOOD INSURANCE FUND

Appropriation, fiscal year 2021... $204,412,000

Budget request, fiscal year 2022... 214,706,000

Recommended in the bill... 214,706,000

Bill compared with:

Appropriation, fiscal year 2021... +10,294,000

Budget request, fiscal year 2022... - - -

Title III--Administrative Provisions

(INCLUDING TRANSFER OF FUNDS)

Section 301. The Committee continues a provision making "Cybersecurity and Infrastructure Security Agency--Operations and Support" funding available for a cybersecurity competition established by Executive Order No. 13870.

Section 302. The Committee includes a new provision requiring reporting on unfunded CISA priorities.

Section 303. The Committee includes a provision requiring reporting of obligations under "Cybersecurity and Infrastructure Security Agency--Cyber Response and Recovery Fund".

Section 304. The Committee includes a provision requiring a plan describing federal civilian department and agency cybersecurity investment requirements.

Section 305. The Committee continues a provision limiting expenses for the administration of grants.

Section 306. The Committee continues a provision specifying timeframes for grant applications and awards.

Section 307. The Committee continues a provision requiring a five-day advance notification for certain grant awards under "Federal Emergency Management Agency--Federal Assistance."

Section 308. The Committee continues a provision addressing the availability of certain grant funds for the installation of communications towers.

Section 309. The Committee continues a provision requiring the submission of a monthly Disaster Relief Fund report.

Section 310. The Committee continues a provision permitting the FEMA Administrator to grant waivers from specified requirements of section 34 of the Federal Fire Prevention and Control Act of 1974.

Section 311. The Committee includes a provision allowing prior-year appropriations to be used for certain purposes.

Section 312. The Committee continues a provision providing for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program, as authorized by Public Law 105-276.

Section 313. The Committee continues a provision permitting waivers for certain requirements pertaining to the granting of Assistance to Firefighter Grants.

Section 314. The Committee includes a provision adjusting the cost share for major disasters and emergencies that occurred or were declared in 2020.

Section 315. The Committee includes a provision to cancel the remaining balances of certain loans issued by FEMA.

Continues with Part 10 of 11

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