[House Report 115-31]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-31
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TO REQUIRE THE ADMINISTRATOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY
TO SUBMIT A REPORT REGARDING CERTAIN PLANS REGARDING ASSISTANCE TO
APPLICANTS AND GRANTEES DURING THE RESPONSE TO AN EMERGENCY OR DISASTER
_______
March 9, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1117]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1117) to require the Administrator
of the Federal Emergency Management Agency to submit a report
regarding certain plans regarding assistance to applicants and
grantees during the response to an emergency or disaster,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Legislative History and Consideration............................ 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 7
Advisory of Earmarks............................................. 7
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Federal Mandate Statement........................................ 7
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 8
Applicability of Legislative Branch.............................. 8
Section-by-Section Analysis of Legislation....................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ACTION PLAN TO IMPROVE FIELD TRANSITION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency (FEMA) shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate regarding the
plans the agency will undertake to provide the following:
(1) Consistent guidance to applicants on FEMA disaster
funding procedures during the response to an emergency or
disaster.
(2) Appropriate record maintenance and transfer of documents
to new teams during staff transitions.
(3) Accurate assistance to applicants and grantees to ease
the administrative burden throughout the process of obtaining
and monitoring assistance.
(b) Maintaining Records.--The report shall also include a plan for
implementing operating procedures and document retention requirements
to ensure the maintenance of appropriate records throughout the
lifecycle of the emergency or disaster.
(c) New Technologies.--Finally, the report shall identify new
technologies that further aid the disaster workforce in partnering with
State, local, and tribal governments and private nonprofits in the wake
of a disaster or emergency to educate, assist, and inform applicants on
the status of their emergency or disaster assistance applications and
projects.
PURPOSE OF LEGISLATION
H.R. 1117, as amended, would require the Administrator of
the Federal Emergency Management Agency (FEMA) to submit a
report regarding the development of an action plan relating to
guidance provided to disaster assistance applicants and
grantees, the transition of field personnel, maintenance of
records, and the use of technology to facilitate the delivery
of assistance and ease the administrative burden.
BACKGROUND AND NEED FOR LEGISLATION
Federal Emergency Management Agency: History
FEMA was established in 1979 by Executive Order 12148 by
President Jimmy Carter in response to a number of massive
disasters in the 1960's and 1970's. 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 (P.L. 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, also known as the Stafford Act (P.L. 100-707).
Following more than two decades as an independent agency,
the Homeland Security Act of 2002 (P.L. 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. In 2006, following Hurricanes Katrina
and Rita and the subsequent intensive Congressional
investigations and oversight, Congress enacted the Post-Katrina
Emergency Management Reform Act of 2006 (PKEMRA) (P.L. 109-
295), which addresses key response roles and authorities and
put FEMA back together again within DHS. PKEMRA authorized the
National Preparedness System and FEMA for the first time in
legislation. Most recently, Congress enacted the Sandy Recovery
Improvement Act (SRIA) (P.L. 113-2), on January 29, 2013, in
the wake of Hurricane Sandy's impact to the East Coast. SRIA
provided additional authorities to expedite and streamline
Hurricane Sandy recovery efforts, reduce costs, and improve the
effectiveness of several disaster assistance programs
authorized by the Stafford Act.
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, tribal, and local governments and protect life
and property. FEMA is responsible for coordinating federal
agency response and ensuring the necessary federal capabilities
are deployed at the appropriate place and time in support of
state, tribal, and local response efforts. In addition, FEMA
provides direct support and financial assistance to states,
tribes, and local governments and individuals as authorized
under the Stafford Act.
A significant portion of FEMA's response and recovery
capabilities resides in its Reservist\1\ workforce and Cadre of
On-Call Response/Recovery Employees (COREs).\2\ FEMA Reservist
and CORE personnel predominantly makes up FEMA's ``disaster
workforce,'' providing services at FEMA headquarters, regional
offices, and disaster Joint Field Offices, in the immediate
lead-up to, during, and after an emergency or major disaster.
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\1\FEMA Reservists are a type of Incident Management responder,
hired under the Stafford Act as temporary, intermittent employees. They
are a significant FEMA Incident Management work component, staffing
Joint Field Offices and other activities. These employees, when listed
as available, can deploy to perform disaster field activities directly
related to specific disasters, emergencies, projects, or activities of
a non-continuous nature. Reservists are a necessary augmentation of
permanent full-time staffing. (Source: https://www.fema.gov/reservist-
program)
\2\FEMA CORE employees are hired under the Stafford Act to work for
a specific, limited period and function. FEMA CORE employees may be
renewed if there is ongoing disaster work and funding is available.
(Source: https://careers.fema.gov/cadre-call-responserecovery)
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H.R. 1117 improving field transitions and requiring consistent guidance
Despite disaster investigations, multiple Office of
Inspector General and General Accountability Office reports,
and amended legislative authorities, the Committee continues to
hear about challenges with FEMA's disaster workforce. State,
tribal, and local emergency managers raise concerns about
frequent turnover, the loss of paperwork, and inconsistent
guidance which results in project delays, increased
administrative expenses, frustration, and, in the worst-cases,
the loss of recovery funds that are ultimately recouped by
FEMA.
FEMA has implemented several new technologies for its full-
time managers and staff, but it does not appear that the same
efforts have been undertaken for field and temporary disaster
response and recovery personnel and its disaster workforce.
H.R. 1117, as amended, requires the Administrator to develop an
action plan for issuing consistent guidance to applicants,
ensuring the maintenance of appropriate records, and easing the
administrative burden of obtaining and monitoring assistance
from FEMA. FEMA must articulate an action plan for implementing
proper operating procedures and document retention requirements
in the field to ensure the maintenance of appropriate records
throughout the lifecycle of the disaster. Finally, FEMA must
identify new technologies that would further aid the disaster
workforce in partnering with state, local and tribal
governments and private non-profits in the wake of a disaster
or emergency.
In August of 2013, central Missouri experienced flooding,
straight line winds, and storms and consequently, received a
federal disaster declaration. In the years that have followed,
recovery has been slowed by numerous, unorganized transitions
of FEMA personnel, lost paperwork by FEMA personnel, and
conflicting information from state and federal officials.
Several major recovery projects still continue to languish. The
intent of the requirements in this bill is to improve the
efficiency of response and recovery operations and to improve
the interaction between FEMA and state, tribal, and local
grantees.
In recent storms, including Hurricane Matthew and flooding
and tornadoes, the Committee is aware of challenges related to
guidance provided to local governments on debris removal,
emergency protective measures, and the construction of
temporary facilities. Specifically, the lack of consistent
guidance and direction given to communities on debris removal
continues to be cited as a significant obstacle to recovery.
The Agency's report should include how FEMA will provide
detailed, consistent guidance to applicants and sub-applicants
at each stage of a disaster, from initial response to recovery,
to speed community recovery and improve the efficiency of the
delivery of disaster assistance.
The Committee expects the report to detail how the Agency
will provide consistent guidance and accurate information
following a disaster. Specifically, it should address how FEMA
will improve disaster field operations and staff transitions
by:
Providing consistent guidance to applicants on
FEMA disaster funding procedures during the response to an
emergency or disaster, including debris removal, emergency
protective measures and temporary structures.
Conducting appropriate record maintenance and
transfer of documents to new teams during staff transitions.
Providing accurate assistance to applicants and
grantees to ease the administrative burden throughout the
process of obtaining and monitoring assistance.
Implementing operating procedures and document
retention requirements to ensure the maintenance of appropriate
records throughout the lifecycle of the disaster.
Identifying new technologies that further aid the
disaster workforce in partnering with State, local, and tribal
governments and private nonprofits in the wake of a disaster to
educate, assist, and inform applicants on the status of their
disaster assistance applications.
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. 1117, as amended, during the 114th 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 alert 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.
``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.
``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.
LEGISLATIVE HISTORY AND CONSIDERATION
On February 16, 2017, Representative Vicky Hartzler (R-MO)
introduced H.R. 1117, a bill to require the Administrator of
the Federal Emergency Management Agency to submit a report on
certain plans regarding assistance to applicants and grantees
during the response to an emergency or disaster.
On February 28, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1117. The
Committee considered and adopted one amendment by voice vote--a
technical amendment offered by Subcommittee Chairman Lou
Barletta (R-PA). 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. 1117, as amended, or ordering the
measure reported. A motion to order H.R. 1117, 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 a 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. 1117, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 6, 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. 1117, a bill to
require the Administrator of the Federal Emergency Management
Agency to submit a report regarding certain plans regarding
assistance to applicants and grantees during the response to an
emergency or disaster.
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. 1117--A bill to require the Administrator of the Federal Emergency
Management Agency to submit a report regarding certain plans
regarding assistance to applicants and grantees during the
response to an emergency or disaster
H.R. 1117 would require the Federal Emergency Management
Agency (FEMA) to submit a report to the Congress on the
agency's plans to provide consistent and accurate guidance and
assistance to applicants for disaster funding. The bill also
would require FEMA to include in the report a plan to
effectively maintain records related to disaster funding and to
identify technologies that would assist individuals,
organizations, and communities when recovering from major
disasters.
Based on information provided by FEMA, CBO estimates that
implementing H.R. 1117 would cost less than $500,000 in 2018;
such spending would be subject to the availability of
appropriated funds.
Enacting H.R. 1117 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1117 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1117 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Robert Reese.
The estimate was 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 require the Administrator of the FEMA to submit a report
regarding the development of an action plan relating to
guidance provided to disaster assistance applicants and
grantees, the transition of field personnel, record maintenance
and the use of technology to facilitate the delivery of
assistance and ease the administrative burden.
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. 1117, 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. 1117, 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. 1117, 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, 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. Action plan to improve field transition
Section 1 requires the Administrator of FEMA to provide a
plan for the development of consistent guidance to applicants
on FEMA disaster funding, the maintenance of records and
transfer of information, relieving administrative burdens, and
the implementation of new technology tools during disaster
response and recovery operations in the field.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1117, as amended, makes no changes in existing law.
[all]