[House Report 116-575]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-575
======================================================================
PRELIMINARY DAMAGE ASSESSMENT IMPROVEMENT
ACT OF 2020
_______
November 16, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 4358]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4358) to direct the Administrator
of the Federal Emergency Management Agency to submit to
Congress a report on preliminary damage assessment and to
establish damage assessment teams in the Federal Emergency
Management Agency, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Legislative History and Consideration............................ 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preliminary Damage Assessment
Improvement Act of 2020''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Preliminary damage assessments play a critical role in
assessing and validating the impact and magnitude of a
disaster.
(2) Through the preliminary damage assessment process,
representatives from the Federal Emergency Management Agency
validate information gathered by State and local officials that
serves as the basis for disaster assistance requests.
(3) Various factors can impact the duration of a preliminary
damage assessment and the corresponding submission of a major
disaster request, however, the average time between when a
disaster occurs, and the submission of a corresponding disaster
request has been found to be approximately twenty days longer
for flooding disasters.
(4) With communities across the country facing increased
instances of catastrophic flooding and other extreme weather
events, accurate and efficient preliminary damage assessments
have become critically important to the relief process for
impacted states and municipalities.
SEC. 3. REPORT TO CONGRESS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall submit to Congress a report describing the preliminary
damage assessment process, as supported by the Federal Emergency
Management Agency in the 5 years before the date of enactment of this
Act.
(b) Contents.--The report described in subsection (a) shall contain
the following:
(1) The process of the Federal Emergency Management Agency
for deploying personnel to support preliminary damage
assessments.
(2) The number of Agency staff participating on disaster
assessment teams.
(3) The training and experience of such staff described in
paragraph (2).
(4) A calculation of the average amount of time disaster
assessment teams described in paragraph (1) are deployed to a
disaster area.
(5) The efforts of the Agency to maintain a consistent
liaison between the Agency and State, local, Tribal, and
territorial officials within a disaster area.
SEC. 4. PRELIMINARY DAMAGE ASSESSMENT.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Federal Emergency Management Agency
shall establish a training regime under section 206.33(b) of title 44,
Code of Federal Regulations, within the Federal Emergency Management
Agency to ensure preliminary damage assessments are conducted and
reviewed under consistent guidelines.
(b) Annual Report.--The Administrator shall annually submit to
Congress a report on the number and type of instances under which
Federal Emergency Management Agency personnel have overturned decisions
made by personnel in the field.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to Congress a
report--
(1) describing the establishment of disaster guidelines from
Federal Emergency Management Agency personnel described under
subsection (a);
(2) assessing whether the duration of the deployment of
Federal Emergency Management Agency personnel to conduct a
preliminary damage assessment is longer based on specific
disaster conditions; and
(3) containing legislative recommendations to improve the
operation, deployment, and staffing of disaster personnel.
(d) Definition of State and Local Government.--For purposes of this
Act, the terms ``State'' and ``local government'' have the meanings
given such terms in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
PURPOSE OF LEGISLATION
The purpose of H.R. 4358, as amended, is to direct the
Administrator of the Federal Emergency Management Agency (FEMA)
to submit to Congress a report on the Preliminary Damage
Assessment (PDA) process and to establish a consistent training
program for FEMA personnel involved in the PDA process, and for
other purposes.
BACKGROUND AND NEED FOR LEGISLATION
State, tribal, territorial, and local (STTL)
representatives are responsible for conducting PDAs with the
assistance of FEMA officials to validate damages ahead of a
governor's or chief executive's submittal of a request for FEMA
assistance to the President.\1\ FEMA uses PDA findings in the
wake of a hazard event to determine the extent of damage and
the resulting unmet needs of individuals and households,
businesses, and the public sector in an affected community or
area.\2\ PDA findings play a critical role in that they form
the basis for the determinations as to whether damages are of a
significant magnitude to warrant a disaster declaration
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.\3\
---------------------------------------------------------------------------
\1\44 C.F.R. Sec. 206.33.
\2\Federal Emergency Management Agency. Public Assistance Program
and Policy Guide, Version 4. Available at https://www.fema.gov/sites/
default/files/2020-06/fema_public-assistance-program-and-policy-
guide_v4_6-1-2020.pdf.
\3\44 CFR Sec. 206.35 and 206.36.
---------------------------------------------------------------------------
Section 206.33 of title 44 of the Code of Federal
Regulations details that it is in the ``best interest of all
parties to combine State and Federal personnel resources by
performing a joint PDA prior to the initiation of a Governor's
request . . .''\4\ Subsection (b) specifically recommends the
Federal government use damage assessment teams to coordinate
with State officials.\5\
---------------------------------------------------------------------------
\4\44 CFR Sec. 206.33.
\5\Id.
---------------------------------------------------------------------------
Despite the significance of PDAs, the Committee has
received reports of discrepancies across the ten FEMA regions
regarding the inconsistency of information, data, and FEMA
staffing involved in the PDA process.\6\ H.R. 4358, as amended,
will direct FEMA to produce a report examining the PDA process
and establish a consistent training program for FEMA personnel
to effectively and uniformly support these assessments.
---------------------------------------------------------------------------
\6\See, for example, FEMA Disaster Workforce: Actions Needed to
Address Deployment and Staff Development Challenges, General
Accountability Office, May 2020, GAO-20-360.
---------------------------------------------------------------------------
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
(1) No hearings were used to develop or consider H.R.
4358; and
(2) The following related hearings were held:
On October 22, 2019, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing entitled ``An Assessment of Federal Recovery Efforts
from Recent Disasters.'' The Subcommittee received testimony on
the first panel of witnesses from Mr. Jeffrey Byard, Associate
Administrator, Office of Response and Recovery, Federal
Emergency Management Agency, Department of Homeland Security;
Mr. Dennis Alvord, Deputy Assistant Secretary, Economic
Development Administration, U.S. Department of Commerce; Mr.
Chris P. Currie, Director, Homeland Security and Justice, U.S.
Government Accountability Office; and on the second panel of
witnesses from Mr. Mike Sprayberry, Director, Emergency
Management, Department of Public Safety, State of North
Carolina, testifying on behalf of the National Emergency
Management Association; Hon. Fernando Gil-Ensenat, Secretary,
Department of Housing, Commonwealth of Puerto Rico; Ms. Rhonda
Wiley, Emergency Management/911 Director/Floodplain
Administrator, Atchison County, State of Missouri; and Mr.
Reese C. May, Chief Strategy and Innovation Officer, The Saint
Bernard Project. The Department of Housing and Urban
Development submitted a statement for the record.
On March 11, 2020, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing entitled ``FEMA's Priorities for 2020 and Beyond:
Coordinating Mission and Vision.'' The Subcommittee received
testimony from the Hon. Peter T. Gaynor, Administrator, Federal
Emergency Management Agency, Department of Homeland Security.
LEGISLATIVE HISTORY AND CONSIDERATION
H.R. 4358 was introduced in the House on September 17,
2019, by Mr. Katko and Mr. Cunningham and referred to the
Committee on Transportation and Infrastructure. Within the
Committee, H.R. 4358 was referred to the Subcommittee on
Economic Development, Public Buildings, and Emergency
Management.
On September 30, 2020, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management was
discharged from further consideration of H.R. 4358.
The Committee met in open session to consider H.R. 4358 on
September 30, 2020, and ordered the measure to be reported to
the House with a favorable recommendation, as amended, by voice
vote.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by Mr.
Palmer (#1); was AGREED TO by voice vote.
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. 4358, as amended.
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
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements 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 requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chair of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
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, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
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 is to
establish training guidelines for FEMA personnel to produce
more consistent PDAs.
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. 4358, 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.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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 finds that H.R. 4358, 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 were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that this bill may be cited as the
``Preliminary Damage Assessment Improvement Act of 2019''.
Sec. 2. Findings
This section describes the findings of Congress related to
the Preliminary Damage Assessment process. The section states
that various factors can impact the duration of a PDA and the
subsequent submission of a major disaster request and that
accurate, efficient PDAs will become critically important to
the relief process for disaster-impacted STTL governments and
disaster survivors.
Sec. 3. Report to Congress
This section directs the FEMA Administrator to submit to
Congress a report describing the preliminary damage assessment
process, including the Agency's process for deploying personnel
to support PDAs, the number of Agency staff participating on
disaster assessment teams, the training and experience of such
staff, and FEMA's efforts to maintain a consistent liaison
between the Agency and STTL officials within a disaster area.
Sec. 4. Preliminary damage assessment
This section directs the FEMA Administrator to establish a
training regime within FEMA to ensure PDAs are conducted and
reviewed under consistent guidelines. The section also requires
an annual report on the number and type of instances under
which FEMA personnel have overturned decisions made by STTL
personnel in the field.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported by the Committee, H.R. 4358 makes no changes in
existing law.
[all]