House Transportation & Infrastructure Committee Issues Report on Disaster Assistance Fairness, Accountability Act
Excerpts of the report follow:
PURPOSE OF LEGISLATION
H.R. 3176, as amended, prohibits the
BACKGROUND AND NEED FOR LEGISLATION
Following more than two decades as an independent agency, the Homeland Security Act of 2002 (P.L. 107-296) created the
Disaster response and recovery
When the President declares a major disaster or emergency, the official declaration triggers certain federal response authorities and financial disaster assistance. In particular, when a declaration is made, the President is authorized to direct any federal agency, with or without reimbursement, to assist state and local governments and protect life and property.
Disaster Assistance Fairness and Accountability Act of 2017
In the wake of a Presidential major disaster declaration,
HEARINGS AND ROUNDTABLES
The Subcommittee on Economic Development, Public Buildings, and Emergency Management held the following hearings and roundtable discussions on subjects related to matters contained in H.R. 3176, as amended, during the 114th and 115th Congresses:
"Rebuilding after the Storm: Lessening Impacts and Speeding Recovery" held on
"What is Driving the Increasing Costs and Rising Losses from Disasters?" held on
"The
"Federal Disaster Assistance: Roles, Programs and Coordination" held on
"Controlling the Rising Cost of Federal Responses to Disaster" held on
"Building a 21st Century Infrastructure for America: Mitigating Damage and Recovering Quickly from Disasters" held on
LEGISLATIVE HISTORY AND CONSIDERATION
On
On
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule XIII of the Rules of the
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule XIII of the Rules of the
U.S.
Hon.
Chairman,
Dear Mr. Chairman: The
If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is
Sincerely,
Director.
Enclosure.
H.R. 3176--Disaster Assistance Fairness and Accountability Act of 2017
Summary: H.R. 3176 would establish a three-year statute of limitations on actions to recover certain improper assistance grants that the
CBO estimates that H.R. 3176 would reduce
Because enacting the bill would affect direct spending, pay-as-you-go procedures apply. Enacting the bill would not affect revenues. CBO estimates that enacting the legislation would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.
H.R. 3176 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would not affect the budgets of state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 3176 is shown in the following table. The costs of this legislation fall within budget function 450 (community and regional development).
(TABLE OMITTED)
Basis of estimate: For this estimate, CBO assumes that H.R. 3176 will be enacted near the end of 2017 and that the estimated amounts will be appropriated each year. Estimated outlays are based on historical spending patterns for the affected programs.
Direct spending
Under current law,
Under H.R. 3176, improper payments made to individuals would have to be recouped within three years of their disbursement. That limitation would not apply where there is evidence of fraud.
According to data from a report by the Governmental Accountability Office, about three percent of the approximately
Spending subject to appropriation
CBO estimates that barring
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct spending or revenues. The net changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3176, THE DISASTER ASSISTANCE FAIRNESS AND ACCOUNTABILITY ACT OF 2017, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON
(TABLE OMITTED)
Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 3176 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect the budgets of state, local, or tribal governments.
Estimate prepared by: Federal Costs:
Estimate approved by:
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule XIII of the Rules of the
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of
FEDERAL MANDATE STATEMENT
The Committee adopts as its own the estimate of federal mandates prepared by the Director of the
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974 requires 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 states that H.R. 3176, as amended, does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b) of the Federal Advisory Committee Act are created by this legislation.
APPLICABILITY OF 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 (Public Law 104-1).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1. Short title
This section designates the short title as the "Disaster Assistance Fairness and Accountability Act of 2017."
Section 2. Recoupment of certain assistance prohibited
This section provides that the Administrator shall not recover disaster assistance funds more than three years after they are received, absent fraud.
Section two also defines the assistance covered under the act as "assistance provided (1) under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and (2) in relation to a major disaster declared by the President. . . ."
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3176, as amended, makes no changes in existing law.
The full text of the report is found at: https://www.congress.gov/congressional-report/115th-congress/house-report/418/1?r=5
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