[House Report 116-637]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-637
======================================================================
RESILIENCY ENHANCEMENT ACT OF 2020
_______
December 9, 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
together with
ADDITIONAL VIEWS
[To accompany H.R. 5756]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5756) to amend the Bipartisan
Budget Act of 2018 to extend the provision of assistance for
critical services with respect to certain disasters, and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 00
Background and Need for Legislation.............................. 00
Hearings......................................................... 00
Legislative History and Consideration............................ 00
Committee Votes.................................................. 00
Committee Oversight Findings..................................... 00
New Budget Authority and Tax Expenditures........................ 00
Congressional Budget Office Cost Estimate........................ 00
Performance Goals and Objectives................................. 00
Duplication of Federal Programs.................................. 00
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 00
Federal Mandates Statement....................................... 00
Preemption Clarification......................................... 00
Advisory Committee Statement..................................... 00
Applicability to Legislative Branch.............................. 00
Section-by-Section Analysis of the Legislation................... 00
Changes in Existing Law Made by the Bill, as Reported............ 00
Additional Views.................................................
Purpose of Legislation
The purpose of H.R. 5756 is to amend the Bipartisan Budget
Act of 2018 (Pub. L. 115-123) to extend the provision of
assistance for critical services with respect to certain
disasters, and for other purposes.
Background and Need for Legislation
Section 406(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act, Pub. L. 93-288 as
amended) allows the President to make contributions to private
nonprofit facilities and infrastructure for the repair of
damage caused by disasters if those facilities provide
``critical services''' as defined by the act. The Stafford Act
currently includes power, water, sewer, wastewater treatment,
communications, education, and emergency medical care within
the Section 406 definition of ``critical services.''
H.R. 5756 would expand the definition of critical services
under Section 406 of the Stafford Act for the purposes of
Section 20601 of the Bipartisan Budget Act of 2018, authorizing
assistance for public infrastructure, pursuant to Section 428
of the Stafford Act for certain disasters declared in Puerto
Rico and the U.S. Virgin Islands. This expansion would include:
solid waste management, stormwater management, emergency supply
transportation, nonemergency medical, first response, and
security.
Several Committee members and staff have visited the
Commonwealth of Puerto Rico and the U.S. Virgin Islands to meet
with local and Federal officials and review the status of
recovery from Hurricanes Irma and Maria since the storms struck
in 2017. Limitations in Federal disaster assistance program
authorities identified by officials tasked with recovery have
resulted in this legislative effort to further expand language
enacted as part of the Bipartisan Budget Act of 2018.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearings were used to develop or
consider H.R. 5756:
On May 22, 2019, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management held a hearing
titled ``Disaster Preparedness: DRRA Implementation and FEMA
Readiness.'' Witnesses included: Dr. Daniel Kaniewski, Deputy
Administrator for Resilience, FEMA; Ms. Sima Merick, Executive
Director, Ohio Emergency Management Agency, testifying on
behalf of the National Emergency Management Association; Mr.
Nick Crossley, Director, Hamilton County Ohio Emergency
Management and Homeland Security Agency, testifying on behalf
of the International Association of Emergency Managers; Mr.
James Gore, Supervisor, County of Sonoma, California,
testifying on behalf of the Nation Association of Counties; Mr.
Al Davis, Deputy Director, Texas A&M Engineering Extension
Service, testifying on behalf of the National Domestic
Preparedness Consortium; and Mr. Randy Noel, President, Reve,
Inc., testifying on behalf of the National Association of Home
Builders. Topics discussed included the state of federal
disaster preparedness programs since the enactment of the
Disaster Recovery Reform Act of 2018, the status of Federal
disaster recovery assistance funding appropriated in the wake
of major disaster declarations granted by the President from
2017-2019, and the increasing frequency of extreme weather-
related hazards.
On October 22, 2019, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing titled ``An Assessment of Federal Recovery Efforts from
Recent Disasters.'' The Subcommittee received testimony 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; 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.
Legislative History and Consideration
H.R. 5756 was introduced in the House on February 5, 2020,
by Ms. Plaskett, Ms. Gonzalez-Colon and eight original
bipartisan co-sponsors and referred to the Committee on
Transportation and Infrastructure. Within the Committee, H.R.
5756 was referred to the Subcommittee on Economic Development,
Public Buildings, and Emergency Management.
On February 26, 2020, the Chair discharged the Subcommittee
on Economic Development, Public Buildings, and Emergency
Management from further consideration of H.R. 5756.
The Committee met in open session to consider H.R. 5756 on
February 26, 2020, and ordered the measure to be reported to
the House with a favorable recommendation, by voice vote, a
quorum being present.
The following amendment was offered:
An amendment offered by Mr. Graves of Louisiana (#1) was
withdrawn by unanimous consent.
Page 2, line 11, insert ``, any major disaster (as such
term is defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act) declared under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act'' before ``, and''.
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.
No recorded votes were taken in consideration of H.R. 5756.
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 Authorityand 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 Chairman 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 expand
eligibility for facility and infrastructure repair funding for
entities that provide critical services, as well as ensure that
this expanded eligibility is consistent across overlapping
recoveries from the 2017 hurricane season and the 2019-2020
seismic activity.
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. 5756 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 Statemen
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 Chairman
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. 5756 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
``Resiliency Enhancement Act of 2020''.
Sec. 2. Repair, restoration, and replacement of damaged facilities
This section strikes and replaces the original re-
definition of ``critical services'' to include solid waste
management, stormwater management, emergency supply
transportation, nonemergency medical, first response, and
security. Additionally, the period of eligible declared events
is extended to expire on September 30, 2022.
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 italics, and existing law in which no
change is proposed is shown in roman):
BIPARTISAN BUDGET ACT OF 2018
* * * * * * *
DIVISION B--SUPPLEMENTAL APPROPRIATIONS, TAX RELIEF, AND MEDICAID
CHANGES RELATING TO CERTAIN DISASTERS AND FURTHER EXTENSION OF
CONTINUING APPROPRIATIONS
SUBDIVISION 1--FURTHER ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR
DISASTER RELIEF REQUIREMENTS ACT, 2018
* * * * * * *
TITLE VI--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
* * * * * * *
GENERAL PROVISIONS--THIS TITLE.
Sec. 20601. The Administrator of the Federal Emergency
Management Agency may provide assistance, pursuant to section
428 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), for critical services
as defined in section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, and including, for
purposes of this section, solid waste management, stormwater
management, public housing, transportation infrastructure, and
medical care, for the duration of the recovery for incidents
DR-4336-PR, DR-4339-PR, DR-4340-USVI[, and], DR-4335-USVI, and
any subsequent major disaster (as such term is defined in
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act) declared under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
in Puerto Rico or the Virgin Islands on or before September 30,
2022 to--
(1) replace or restore the function of a facility or
system to industry standards without regard to the pre-
disaster condition of the facility or system; and
(2) replace or restore components of the facility or
system not damaged by the disaster where necessary to
fully effectuate the replacement or restoration of
disaster-damaged components to restore the function of
the facility or system to industry standards.
* * * * * * *
ADDITIONAL VIEWS
Since 2017, Puerto Rico and the Virgin Islands have been
faced with numerous natural disasters. Between Hurricanes Irma
and Maria and the subsequent earthquakes, U.S. citizens in the
territories experienced significant administrative dysfunction
and delays in disaster recovery. These challenges exist both
within the Federal Emergency Management Agency (FEMA) and with
the local territorial governments. These legal issues and
capacity problems are not tied to funding shortfalls: there are
billions of dollars available for recovery in the territories
not just under Individual and Public Assistance, but other
Federal programs as well.
The 115th Congress was vocal on the subject of the use of
Federal dollars after a disaster as an opportunity to improve
resiliency and prevent damage in future natural hazards. For
example, the Disaster Recovery Reform Act (P.L. 115-254)
created additional flexibilities for the use of federal funds
to allow State, local, territorial, and tribal governments to
build back more resiliently after a disaster. However, Section
20601 of the Balanced Budget Act of 2018 (P.L. 115-123) went
even further and set an unprecedented condition for the
recovery of critical public assets damaged in relation to
certain disaster declarations for the territories. For these
disasters, the BBA allowed the function of a facility or system
to be replaced or restored without regard to the pre-disaster
condition of the public asset.
The fact remains that under current law and for every other
Federally declared disaster, the condition of a public asset
prior to a disaster is relevant to a determination of
assistance under Section 428 of the Stafford Act. While it is
appropriate for the Federal government to step in and lend a
helping hand after a significant natural disaster, it is
equally critical that Federal disaster assistance programs
incentivize local governments to remain invested in the upkeep
of their public assets and infrastructure. Throwing out the
condition of the public asset prior to the disaster altogether
sets a concerning precedent that, over time, may create
disincentives for routine maintenance and upkeep.
H.R. 5756 amends the BBA of 2018 to expand the eligibility
of public facilities beyond the scope of disaster-damaged
public and private nonprofit facilities (permanent work) to
include solid waste management, storm water management, public
housing, transportation infrastructure, and even medical care.
It is concerning that the Congress continues to propose opening
up the eligibility of assistance for public facilities under
Sec. 428 of the Stafford Act, especially without regard to the
prior condition of those assets. The addition of `medical care'
is especially worrying, as it is unclear if it would apply to
expenses related to medical care of individuals or publicly
owned medical care facilities. The text also applies that
expansion to any future major disaster that may strike Puerto
Rico or the Virgin Islands on or before September 30, 2022,
which raises questions about what this expansion will cost
taxpayers.
The intent of the bill to help Americans in the territories
is laudable, and one which I fully support. There have been
significant emergency management shortfalls in Puerto Rico and
the Virgin Islands that have caused needless human suffering.
Both FEMA and the territorial governments have demonstrated a
capacity problem with implementing existing disaster recovery
programs, but further expanding program eligibility is not the
solution to that shortfall. The Federal government also has an
obligation to taxpayers to ensure that our disaster programs
incentivize local governments to act responsibly.
Garret Graves,
Member of Congress.
[all]