House Transportation & Infrastructure Committee Issues Report on FEMA Reauthorization Act

WASHINGTON, June 28 -- The House Transportation and Infrastructure Committee issued a report (H.Rpt. 115-191) on legislation (H.R. 2548) to reauthorize the programs and activities of the Federal Emergency Management Agency. The report was advanced by Rep. Bill Shuster, R-Pa.,, on June 23.

Excerpts of the report follow:

Purpose of Legislation

H.R. 2548, as amended, reauthorizes the programs and activities of the Federal Emergency Management Agency (FEMA).

Background and Need for Legislation

Federal Emergency Management Agency: History and Reauthorization

FEMA was established in 1979 by Executive Order 12148 by President Carter in response to a number of massive disasters in the 1960s and 1970s. As a result of states trying to manage these disasters, the National Governors Association and others made a proposal to streamline and cut the number of agencies states were required to work with following a disaster. Prior to the creation of FEMA, the federal government's emergency response mechanisms were scattered among many agencies throughout government. The creation of FEMA helped to centralize these authorities and the coordination of the federal government's response to a disaster. The Disaster Relief Act of 1974 (Public Law 93-288), which constituted the statutory authority for most federal disaster response activities, especially of FEMA, was later amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (Stafford Act) (Public Law 100-707). Following more than two decades as an independent agency, the Homeland Security Act of 2002 (Public Law 107-296) created the Department of Homeland Security (DHS), placed FEMA within DHS, and FEMA's functions were dispersed among various offices and directorates within DHS.

Post-Katrina Emergency Management Reform Act of 2006

In 2005, Hurricanes Katrina and Rita devastated the Gulf Coast. Following the poor response that occurred, several investigations and congressional hearings took place to examine the preparation for, response to, and later recovery from these hurricanes. In particular, the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina was formed and culminated in the issuance of a report entitled, "A Failure of Initiative: The Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina"on February 15, 2006.

Not long after the issuance of this report, Congress enacted the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) (PKEMRA), which gave FEMA clear guidance on its mission and priorities, and provided it with the authorities and tools needed to become a more effective and efficient agency and a better partner to state, local, territorial, and tribal governments. PKEMRA authorized FEMA for the first time in legislation.

FEMA Disaster Assistance Reform Act of 2017

H.R. 2548, as amended, the FEMA Reauthorization Act of 2017, establishes a comprehensive study to assess disaster costs and develop recommendations for reducing those costs, reauthorizes FEMA's overall management and administration through fiscal year 2020, and reauthorizes other programs important to the Nation's emergency management capabilities and components of the disaster preparedness and response system.

Comprehensive study for disaster costs and losses

Disaster costs and losses continue to increase and H.R. 2548, as amended, requires a complete assessment of those losses, what is driving those losses, what federal disaster assistance is available to individuals and the public and private sectors, the appropriate roles of each of those parties, and what public policy changes would result in fewer disaster losses and lower disaster costs.

The study will be undertaken through the existing National Advisory Council established by FEMA pursuant to section 508 of PKEMRA (6 U.S.C. 318). The Administrator is required to appoint additional members for the purpose of the study to ensure that the full array of public and private sector stakeholders are involved and contributing. The Committee does not intend for these additional members to become permanent members of the National Advisory Council, but are to participate fully until the completion of the study and recommendations.

When the National Advisory Council develops recommendations related to "mechanisms to promote disaster cost and loss reduction, mitigation and resiliency"under section 3(e)(3) of H.R. 2548, as amended, the Council shall consider resiliency to mean: resistant to hazards related to major disasters, ability of the project to serve its primary function following a major disaster, ability to reduce the magnitude or duration of a disruptive event to the community, and have the absorptive and adaptive capacity and recoverability to withstand a potentially disruptive event. The Committee requests that the comprehensive study on disaster costs and losses consider the utility of disaster resistant construction techniques and green construction techniques to reduce the impact of major disasters or hazards. The study should include the methods that can be employed to create disaster resistant communities to reduce loss of life and property and should consider existing guidance and policies, the hazards against which they are intended to mitigate, and the process for reviewing and updating guidance. In addition, the study should identify any gaps, challenges, and limiting factors that exist, including required changes to statute or regulation. The Committee further believes it is important to ensure such guidance is readily available to key stakeholders.

The professional engineering industry has made valuable contributions to emergency response and recovery efforts in the wake of disasters and emergencies. Structural engineers evaluate and stabilize structures in support of emergency responders conducting search and rescue, and mechanical engineers are sometimes needed to help free victims. Disasters and emergencies, whether they are natural or manmade, are varied and unpredictable, and engineering services are needed for rescue, recovery, reconstruction, and remediation services. Unfortunately, property and lives are sometimes lost or damaged during a disaster and the ensuing emergency response effort.

The Committee is concerned that the potential threat of liability and other factors may deter professional engineers and other professionals from contributing their skills during times of disasters and emergencies. The Committee requests FEMA to investigate any potential limiting factors that may deter professionals from contributing skills to disaster response efforts and how those factors may be appropriately mitigated. This is yet another important contributing factor to disaster costs and losses. In conducting the comprehensive study relating to disaster costs and losses, the members of the National Advisory Council conducting the study should include professional engineers and should consider issues of liability and other limiting factors that may deter engineers and other professionals from participating in disaster response and recovery.

As part of the comprehensive study, the Committee is interested in innovative ideas to aid long-term recovery efforts, mitigate future disaster damage, and engage communities in building local and regional resilience. The National Advisory Council should examine how to better inform and collaborate with individual, community, non-governmental organizations, and local governments, as well as whether and how to incorporate new technology and scientific research to address community vulnerabilities and assets. Further, the Council should consider whether a regionally based authority could aid in this effort.

FEMA is to be wholly transparent throughout the study by posting data, findings and other materials on their website, to the extent that the data and information does not include private, sensitive, or secure information. Periodic updates should be given to the Committee.

Center for Domestic Preparedness

The Center for Domestic Preparedness provides specialized, all-hazards preparedness training in support of the National Training and Education System to state, local, and tribal emergency responders on skills tied to national preparedness priorities, particularly those related to chemical, biological, radiological, and nuclear weapons of mass destruction. To date, the Center for Domestic Preparedness has trained more than 895,690 students from state, local, and tribal agencies. Training is designed to build the Nation's capacity to respond to and recover from disasters in a quick and robust fashion, therefore, strengthening the Nation's preparedness and resilience in support of emergency and disaster declarations, response operations, exercises, and National Special Security Events.

National Domestic Preparedness Consortium

The National Domestic Preparedness Consortium provides first responders with a comprehensive all-hazards training program that includes a focus on weapons of mass destruction and natural disasters aimed to improve their capacity to prevent, protect against, respond to, and recover from all hazards.

FEMA's responsibilities for earthquake and tsunami events

Currently, FEMA is responsible for leading "the Nation's efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters . . . ."(6 U.S.C. 313). This lead role should and does include earthquake and tsunami events. The Committee believes FEMA must provide the same attention and focus to the threat of earthquake and tsunami hazards and events as it does to other hazards, such as flooding and hurricanes. The Committee also directs FEMA to work to ensure that other federal agencies with earthquake and tsunami programs ensure that those programs are coordinated with FEMA's activities.

Authorities

FEMA is not responsible for privately funded actions by private parties on private land. Yet other federal agencies have taken it upon themselves to interpret FEMA's authorities under FEMA's program in a manner contrary to Congress' intent and FEMA's long-standing interpretation. In order to prevent other federal agencies from attempting to broaden FEMA's authorities, the Committee is required to state again that privately funded actions taken by private parties on private land do not constitute federal actions, and actions taken under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141 division F, title II, subtitle A; 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020), that may influence private actions do not create a federal nexus that requires consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).

Other items

Vulnerable populations

As FEMA carries out its authorities and responsibilities, the Committee directs FEMA to provide guidance and coordination to states, tribes, and local governments as they develop state, tribal and local preparedness plans to assure that they consider effective means for evacuating their elderly, disabled, and homeless populations. In particular, as FEMA provides funding, training, exercise, technical assistance, planning, and other assistance to build state, tribal, and local capabilities, FEMA should encourage and highlight the importance of ensuring these populations are consulted and included in State, tribal and local activities.

Disaster Resilient Universities Network

Colleges and universities are critical to the economic health of their surrounding communities. Often serving as regional, if not national, hubs for innovation and research, their ability to resume operations quickly following a disaster greatly speeds the recovery of the entire community. In 2000, six schools participated in the FEMA Disaster Resistant Universities pilot initiative. The intent of FEMA's initiative was to support university efforts to reduce and manage vulnerability to hazards. The pilot initiative yielded a grant program and a how-to guide focused on mitigation and risk reduction. The grant program was short-lived--there was only one funding cycle, and fewer than 20 schools received grant funding for campus mitigation planning.

Several institutions of higher education kept the core concept of the Disaster Resilient Universities (DRU) alive. They saw the need for a practical, peer-to-peer network to support emergency management and disaster planning on their campuses. In 2005, the University of Oregon started the DRU listserv with 35 members. The listserv quickly became the cornerstone of the DRU Network and served as a multidisciplinary, practitioner-based communication resource. The goal was simple: facilitate open communication, discussion, and resource sharing among university and college practitioners charged with making the Nation's campuses more disaster resilient. As of 2015, there are over 1,200 members on the DRU listserv.

The DRU concept has continued to evolve over time. Key to the evolution was the formation of the University and College Caucus (UCC) under the International Association of Emergency Managers. The DRU Network and UCC have developed a number of tools and resources on a peer-to-peer multidisciplinary basis. These include: DRU listserv and repository; Annual University and College Caucus workshop; regional DRU summits; practitioner-based training and course development in partnership with FEMA Emergency Management Institute; standards and resilience crosswalk tool; higher education guidance for the Emergency Management Accreditation Program, and DRU incident tracking system.

Over the past year, the International Association of Emergency Managers--Universities and College Caucus and Disaster Resilient Universities network has been working to develop the first National Intercollegiate Mutual Aid Agreement. The National Intercollegiate Mutual Aid Agreement among colleges and universities will provide a peer-to-peer network for institutions of higher education to coordinate assistance and share resources during emergencies. The Committee recognizes this as a positive step forward to protecting the mission of our nation's universities and colleges and commends the DRU and UCC for advancing disaster resilience on our nation's campuses.

Hearings

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. 2548, as amended, during the 114th and 115th Congress:

"Rebuilding after the Storm: Lessening Impacts and Speeding Recovery"held on January 27, 2015. The purpose of the hearing was to launch an assessment of the rising costs of disasters, the cost effectiveness of disaster assistance, strategies to reduce disaster losses, and the appropriate roles of government and the private sector, and to consider reforms to save lives through improved alerts and warning systems and search and rescue.

"What is Driving the Increasing Costs and Rising Losses from Disasters?"held on March 18, 2015. The purpose of the roundtable was to examine and discuss data related to disaster costs, the trends observed over time, and the projections for the future given the policies in place today.

"Pacific Northwest Seismic Hazards: Planning and Preparing for the Next Disaster"held on May 19, 2015. The purpose of the hearing was to assess the FEMA's role in earthquake hazard preparedness, mitigation, response, and recovery, and to examine the efforts of the Pacific Northwest and seismic hazard experts to reduce disaster impacts and build stronger communities.

"The State of Pennsylvania and FEMA Region III are Leaders in Mitigating Disaster Costs and Losses"held on May 28, 2015. The purpose of the roundtable was to examine disaster costs and losses, focus on hazards impacting Pennsylvania and the region, and identify best practices for mitigating and avoiding disaster impacts.

"Federal Disaster Assistance: Roles, Programs and Coordination"held on June 17, 2015. The purpose of the roundtable was to examine and discuss federal disaster assistance programs, the requirements and effectiveness of those programs, and coordination among various agencies and stakeholders.

"Earthquake Early Warning in the Pacific Northwest: Preparing for the Big One"held on September 22, 2015. The purpose of the roundtable was to convene federal, state and local officials and academics to discuss earthquake resiliency programs and efforts, the Shake Alert earthquake early warning system, and next steps for developing an offshore earthquake early warning system.

"Controlling the Rising Cost of Federal Responses to Disaster"held on May 12, 2016. The purpose of the hearing was to begin exploring potential solutions and the principles that should be driving solutions to lower the overall costs of disasters and to help avoid devastating losses.

"An Examination of FEMA's Limited Role in Local Land Use Development Decisions"held on September 21, 2016. The purpose of the hearing was to examine FEMA's role and authorities under the National Flood Insurance Program (NFIP), their impact on local land-use development decisions, and the national implications of FEMA's implementation of the NFIP.

"Building a 21st Century Infrastructure for America: The National Preparedness System"held on March 16, 2017. The purpose of the hearing was to assess the development, successes, and challenges of the National Preparedness System and to understand how well the preparedness grant program is building national preparedness capabilities.

"Building a 21st Century Infrastructure for America: Mitigating Damage and Recovering Quickly from Disasters"held on April 27, 2017. The purpose of the hearing was to examine how to protect infrastructure against future disaster damage, how to lower the overall disaster costs, and to identify challenges facing FEMA in responding to, recovering from, and mitigating against disasters, both natural and manmade.

Legislative History and Consideration

On May 19, 2017, Subcommittee on Economic Development, Public Buildings, and Emergency Management Chairman, Congressman Lou Barletta (R-PA) introduced H.R. 2548, a bill to reauthorize the programs and activities of the FEMA, along with Subcommittee Ranking Member, Congressman Henry C. "Hank" Johnson, Jr. (D-GA); Full Committee Chairman, Congressman Bill Shuster (R-PA); and Full Committee Ranking Member, Congressman Peter A. DeFazio (D-OR).

On May 24, 2017, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2548. The Committee considered one amendment offered by Full Committee Ranking Member Peter A. DeFazio (D-OR) which passed by voice vote. The Committee ordered the bill, as amended, reported favorably to the House by voice vote with a quorum present.

Committee Votes

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each Committee report to include the total number of votes cast for and against on each record vote on a motion to report and on any amendment offered to the measure or matter, and the names of those Members voting for and against. There were no recorded votes taken in connection with consideration of H.R. 2548, as amended, or ordering the measure reported. A motion to order H.R. 2548, as amended, reported favorably to the House was agreed to by voice vote with a quorum present.

Committee Oversight Findings

With respect to the requirements of clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee's oversight findings and recommendations are reflected in this report.

New Budget Authority and Tax Expenditures

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely submitted prior to the filing of the report and is included in the report. Such cost estimate is included in this report.

Congressional Budget Office Cost Estimate

With respect to the requirement of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the Committee has received the enclosed cost estimate for H.R. 2548, as amended, from the Director of the Congressional Budget Office:

U.S. Congress,

Congressional Budget Office,

Washington, DC, June 22, 2017.

Hon. Bill Shuster,

Chairman, Committee on Transportation and Infrastructure,

House of Representatives, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2548, the FEMA Reauthorization Act of 2017.

If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Robert Reese.

Sincerely,

Keith Hall.

Enclosure.

H.R. 2548--FEMA Reauthorization Act of 2017

Summary: H.R. 2548 would authorize appropriations for the administration and operation of the Federal Emergency Management Agency (FEMA) and for the National Domestic Preparedness Consortium (NDPC) from 2018 through 2020. The bill also would require FEMA's National Advisory Council (NAC) to complete a comprehensive study of disaster costs and federal disaster assistance.

CBO estimates that implementing H.R. 2548 would cost about $3.7 billion over the 2018-2022 period, assuming appropriation of the authorized and necessary amounts. Enacting H.R. 2548 would not affect direct spending or revenues; therefore, pay- as-you-go procedures do not apply.

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. 2548 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments.

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 2548 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. 2548 will be enacted near the end of 2017, that the authorized and necessary amounts will be appropriated for each year, and that spending will follow historical patterns for the affected programs.

FEMA administration and operation

FEMA is responsible for protecting against, responding to, and recovering from all hazards, including natural disasters, acts of terrorism, and other man-made disasters. H.R. 2548 would authorize the appropriation of about $1 billion for 2018 and about $3.2 billion over the 2018-2020 period for the administration and operation of FEMA; in 2017, the Congress appropriated $1 billion for those purposes. CBO estimates that implementing this section would cost about $3.2 billion over the 2018-2022 period.

National domestic preparedness consortium

The NDPC is a partnership of several nationally recognized organizations that address the counter-terrorism preparedness needs of the nation's emergency responders within the context of all hazards. FEMA uses this organization to identify, develop, test, and deliver training to state and local emergency responders. The bill would authorize the appropriation of $165 million for 2018 and $503 million over the 2018-2020 period for operation of the NDPC; in 2016 FEMA allocated $98 million for the NDPC (the latest year for which information is available). CBO estimates that implementing this section would cost $497 million over the 2018-2022 period.

National Advisory Council study

H.R. 2548 would direct the NAC to complete a comprehensive study of the costs of recent disasters and the effectiveness of FEMA's emergency assistance programs. The NAC also would submit recommendations to the Congress to improve the efficiency and effectiveness of federal disaster relief. Based on an analysis of information provided by FEMA on the cost of a similar study, CBO estimates that implementing this provision would cost $4 million in 2018.

Pay-As-You-Go considerations: None.

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. 2548 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on state, local, or tribal governments.

Estimate prepared by: Federal costs: Robert Reese; Impact on state, local, and tribal governments: Rachel Austin; Impact on the private sector: Amy Petz.

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis.

Performance Goals and Objectives

With respect to the requirement of clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the performance goal and objective of this legislation, as amended, is to reauthorize the programs and activities of FEMA.

Advisory of Earmarks

Pursuant to clause 9 of rule XXI of the Rules of the House of Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. No provision in the bill, as amended, includes an earmark, limited tax benefit, or limited tariff benefit under clause 9(e), 9(f), or 9(g) of rule XXI.

Duplication of Federal Programs

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House of Representatives, the Committee finds that no provision of H.R. 2548, as amended, establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance.

Disclosure of Directed Rule Makings

Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), the Committee finds that enacting H.R. 2548, as amended, does not direct the completion of a specific rule making within the meaning of section 551 of title 5, United States Code.

Federal Mandate 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 (Public Law 104-4).

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. 2548, as amended, does not preempt any state, local, or tribal law.

Advisory Committee Statement

H.R. 2548, as amended, requires a comprehensive study of disaster costs and losses through the existing National Advisory Council, as established pursuant to section 508 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 318) and provides for any costs associated with such committee be provided for from the amounts authorized in the legislation.

Applicability of Legislative Branch

The Committee finds that the legislation, as amended, 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

Section 1 designates the short title as the "FEMA Reauthorization Act of 2017.''

Section 2: Reauthorization of the Federal Emergency Management Agency (FEMA)

This section reauthorizes FEMA through fiscal year 2020, consistent with current funding levels. For fiscal year 2018, $1.05 billion; for fiscal year 2019, $1.07 billion; for fiscal year 2020, $1.08 billion.

Section 3: Comprehensive study of disaster costs and losses

This section directs the National Advisory Council to undertake a comprehensive study into the trends related to disaster assistance, costs and losses and provide recommendations to reduce the costs related to these events.

Section 4: National Domestic Preparedness Consortium

This section reauthorizes the Center for Domestic Preparedness through fiscal year 2020, consistent with current funding levels. For fiscal year 2018, $63.9 million; for fiscal year 2019, $65 million; for fiscal year 2020, $66 million. This section also reauthorizes the National Domestic Preparedness Consortium through fiscal year 2020, consistent with current funding levels. For fiscal year 2018, $101 million; for fiscal year 2019, $102.6 million; for fiscal year 2020, $104.2 million.

Section 5: National preparation and response efforts relating to earthquakes and tsunamis

This section states that the Administrator is responsible for the Nation's efforts to reduce the loss of life and property from an earthquake, tsunami, or combined event.

Section 6: Authorities

This section clarifies what constitutes a federal action for purposes of consultation.

Section 7: Technical amendments to national emergency management

This section makes technical changes to the national emergency management provisions of the law by making needed updates and corrections to unintentional errors.

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):

POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006

The full text of the report is found at: https://www.congress.gov/congressional-report/115th-congress/house-report/191/1?r=2

Myron Struck, editor, Targeted News Service, Springfield, Va., 703/304-1897; [email protected]; http://www.targetednews.com