[House Report 115-417]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-417
======================================================================
COMMUNITY EMPOWERMENT FOR MITIGATED PROPERTIES ACT OF 2017
_______
November 21, 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. 1735]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1735) to direct the Administrator
of the Federal Emergency Management Agency to issue guidance
regarding implementation of certain buy-outs or the acquisition
of property for open space as a flood mitigation measure, and
for other purposes, having considered the same, report
favorably thereon with amendments 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..................................... 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 6
Advisory of Earmarks............................................. 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 7
Federal Mandate Statement........................................ 7
Preemption Clarification......................................... 7
Advisory Committee Statement..................................... 7
Applicability of Legislative Branch.............................. 7
Section-by-Section Analysis of Legislation....................... 7
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendments (stated in terms of the page and line
numbers of the introduced bill) are as follows:
Page 2, line 5, strike ``a buy-out or''.
Page 2, line 10, strike ``a buy-out or'' and insert ``an''.
Page 2, line 13, strike ``buy-out or''.
Page 2, line 15, strike ``buy-out or''.
Page 2, line 17, strike ``buy-out or''.
Page 2, line 21, strike ``buy-out or''.
Page 2, line 23, strike ``model''.
Page 3, line 5, after ``project,'' insert ``consistent with
section 404 (including related regulations, standards, and
guidance) and''.
Page 3, line 21, strike ``location of a buy-out or'' and
insert ``property subject to the''.
Page 4, line 5, insert ``and'' after the semicolon.
Page 4, strike lines 6 through 8, and insert the following:
(C) the applicable Regional Administrator of the
Federal Emergency Management Agency.
Amend the title so as to read:
A bill to direct the Administrator of the Federal Emergency
Management Agency to issue guidance regarding the acquisition
of property for open space as a flood mitigation measure, and
for other purposes.
PURPOSE OF LEGISLATION
H.R. 1735, as amended, directs the Administrator of the
Federal Emergency Management Agency (FEMA) to issue guidance
regarding the acquisition of property for open space as a flood
mitigation measure.
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 individual
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, 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 (Public Law 107-296) created
the Department of Homeland Security (DHS) and placed FEMA
within DHS, dispersing FEMA's functions among various offices
and directorates within DHS. In 2006, following Hurricanes
Katrina and Rita and the intensive Congressional investigations
and oversight, Congress enacted the Post-Katrina Emergency
Management Reform Act of 2006 (P.L. 109-295), which addressed
key response roles and authorities and reconstituted FEMA
within DHS.
Disaster mitigation
Disaster mitigation includes actions taken to reduce loss
of life and property by lessening the impact of disasters.
Effective mitigation acts to minimize the potential loss from a
disaster based on identifying and understanding the risks in a
given area or community. Mitigation can encompass a wide
variety of activities, including preparation and planning,
elevating or moving structures prone to flooding, hardening
structures to mitigate effects of hurricanes or earthquakes,
and establishing building codes and zoning ordinances.
Mitigation not only saves lives but has been shown to also
reduce disaster costs by minimizing damage from a disaster. For
example, pursuant to a requirement of the Disaster Mitigation
Act of 2000, the Congressional Budget Office (CBO) completed an
analysis of the reduction in federal disaster assistance as a
result of mitigation efforts.\1\ That study examined mitigation
projects funded from 2004 to mid-2007. CBO found that of the
nearly $500 million invested through Pre-Disaster Mitigation
(PDM) grants, future losses were reduced by $1.6 billion for an
overall ratio of 3 to 1. In essence, for every dollar invested
in mitigation, $3 was saved. CBO's analysis reaffirmed a prior
study commissioned by FEMA and conducted by the Multihazard
Mitigation Council of the National Institute of Building
Sciences that concluded, in 2005 that each dollar spent on
mitigation saves $4 in future losses due to disasters.\2\
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\1\``Potential Cost Savings from the Pre-Disaster Mitigation
Program,'' Congressional Budget Office, September 2007.
\2\``Natural Hazard Mitigation Saves: An Independent Study to
Assess the Future Savings from Mitigation Activities,'' Multihazard
Mitigation Council, National Institute of Building Sciences, 2005.
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Federal programs such as FEMA's Hazard Mitigation Grant
Program (HMGP) and PDM help provide some of the investment
needed to help communities undertake disaster mitigation. HMGP
provides grants to state and local governments to rebuild after
a disaster in ways that are cost-effective and that reduce the
risk of future damage, hardship, and loss from all hazards.
FEMA also provides grants under HMGP to assist families in
reducing the risk to their homes from future disasters, through
such steps as elevating the home or purchasing the home to
remove it from the floodplain.
Community empowerment for Mitigated Properties Act of 2017
H.R. 1735, as amended, addresses a prevalent source for
complaints and miscommunications among municipal authorities in
flood prone regions where numerous properties have been
purchased, razed, and are maintained as open space. It is of
critical importance that all entities involved at the county
and community level receive effective communication as to why
the State, in partnership with FEMA, is undertaking flood
mitigation property buyouts and how the land can be used and
maintained in the future.
Currently FEMA works with State grantees and county
governments are provided with the details of properties
identified for buyout. H.R. 1735, as amended, ensures that
municipal authorities receive the same details. This
legislation requires FEMA to provide guidance to States on
providing local governments with a framework for the upkeep of
these properties and how to facilitate memorandums of
understanding between local governing bodies regarding property
maintenance and upkeep standards, consistent with the
requirements of the local community and neighborhood, as well
as the Hazard Mitigation Assistance Program.
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. 1735, as amended, during the 114th and 115th
Congresses:
``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.
``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 explore potential solutions and the
principles that should be driving solutions to lower
the overall costs of disasters and to help avoid
devastating losses.
``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 man-
made.
LEGISLATIVE HISTORY AND CONSIDERATION
On March 27, 2017, Congressman Brian Babin (R-TX)
introduced H.R. 1735, a bill to ensure the upkeep of property
within communities where hazard mitigation funds were used to
purchase the entity.
On July 27, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1735. The
Committee considered an amendment offered by Congressman Lou
Barletta (R-PA), which was agreed to 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. 1735, as amended, or ordering the
measure reported. A motion to order H.R. 1735, 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. 1735, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 16, 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. 1735, the
Community Empowerment for Mitigated Properties 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,
Director.
Enclosure.
H.R. 1735--Community Empowerment for Mitigated Properties Act of 2017
H.R. 1735 would require the Federal Emergency Management
Agency (FEMA) to update its guidance on acquiring property for
open space as a disaster mitigation measure. Under current law,
FEMA provides grants to states and localities to buy structures
(and the underlying land) that are at risk of severe flooding.
FEMA most recently issued guidance for this process in 2007.
Based on the cost of creating similar guidance, CBO
estimates that implementing H.R. 1735 would have no significant
effect on the federal budget.
Enacting H.R. 1735 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1679 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1679 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 is to ensure
that FEMA provides guidance to States on providing notification
to local governments on mitigation property buyout activities
and facilitating memorandums of understanding for the use and
maintenance of the resulting open space.
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. 1735, 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. 1735, 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. 1735, 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 ``Community
Empowerment for Mitigated Properties Act of 2017.''
Section 2. Guidance on hazard mitigation assistance
This section articulates the guidance the Administrator
shall issue regarding the acquisition of property under section
404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1735, as amended, makes no changes in existing law.
[all]