[Congressional Record Volume 146, Number 94 (Wednesday, July 19, 2000)]
[Senate]
[Pages S7298-S7301]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISASTER MITIGATION AND COST REDUCTION ACT OF 1999
Mr. BURNS. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 551, H.R. 707.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 707) to amend the Robert T. Stafford Disaster
Relief and Emergency Assistance Act to authorize a program
for predisaster mitigation, to streamline the administration
of disaster relief, to control the Federal costs for disaster
assistance, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Amendment No. 3946
Mr. BURNS. Mr. President, Senator Smith of New Hampshire has an
amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Montana (Mr. Burns), for Mr. Smith of New
Hampshire, proposes an amendment numbered 3946.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. INHOFE. Mr. President, I am pleased to speak today in favor of
passage of the Disaster Mitigation Act of 1999. As the chairman of the
Senate Subcommittee with jurisdiction over FEMA, I have been working on
this legislation for the last couple of years. Senator Graham and I
introduced this legislation last fall and have been working diligently
on it ever since. We can both attest to this process being long and
arduous, with many unforeseen pitfalls. However, the final result has
been a piece of legislation that while changing the scope of disaster
assistance, continues to assure that FEMA will have the resources and
the capability to deliver disaster assistance when called upon.
As we all know, the Federal government, through FEMA, has been there
to help people and their communities deal with the aftermath of
disasters for over a generation. As chairman of it's oversight
Subcommittee, I want to ensure that FEMA will continue to respond and
help people in need for generations to come.
Unfortunately, this goal is becoming increasingly difficult since the
costs of disaster recovery have spiraled out of control. For every
major disaster Congress is forced to appropriate additional funds
through Supplemental Emergency Spending Bills, another of which we will
be discussing at some point later this year. This not only plays havoc
with the budget and forces us to spend funds which would have gone to
other pressing needs, but sets up unrealistic expectations of what the
federal government can and should do after a disaster.
For instance, following the Oklahoma City tornadoes on May 3, 1999,
there was an estimated $900 million in damage, with a large portion of
that in federal disaster assistance. In the aftermath of hurricane
Floyd in North Carolina, estimates of $1 billion or more in damage have
been discussed. This problem is not just isolated to Oklahoma City or
North Carolina. In the period between fiscal years 1994 and 1998, FEMA
disaster assistance and relief costs grew from $8.7 billion to $19
billion. That marks a $10.3 billion increase in disaster assistance in
just five years. To finance these expenditures, we have been forced to
find over $12 billion in rescissions.
The Bill we are passing today will address this problem from two
different directions. First, it authorizes a Predisaster Hazard
Mitigation Program, which assists people in preparing for disaster
before they happen. Second, it provides a number of cost-saving
measures to help control the costs of disaster assistance.
In our bill, we are authorizing Project Impact, FEMA's natural
disaster mitigation program. Project Impact authorizes the use of small
grants to local communities to give them funds and technical assistance
to mitigate against disasters before they occur; but this is not just a
federal give-away program. Local communities are required to have a
demonstrated public-private partnership before they can become a
Project Impact community.
Too often, we think of disaster assistance only after a disaster has
occurred. For the very first time, we are authorizing a program to
think about preventing disaster-related damage prior to the disaster.
We believe that by spending these small amounts in advance of a
disaster, we will save the federal government money in the long-term.
However, it is important to note that we are not authorizing this
program in perpetuity. The program, as adopted, is set to expire in
2003. If Project Impact is successful, we will have the appropriate
opportunity to review its work and make a determination on whether to
continue the program.
This forward thinking approach is revolutionary in terms of the way
the federal government responds to a disaster. We all know it is more
cost effective to prevent damage than to respond after the fact. I
should note that in my state of Oklahoma, which has recently been hit
by severe flooding, one of the affected communities, my home town of
Tulsa, was a Project Impact community. While the community suffered
some damage, the effects could have been much more severe had the
community not undertaken preventative mitigation measures.
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In passing this bill, we are also allowing states to keep a larger
percentage of their federal disaster funds for state mitigation
projects. Under current law, states can only retain up to 15 percent of
their post disaster assistance funds for state-wide mitigation
programs. We are now increasing that percentage to 20 percent. Too
often states have run into the program of too many mitigation projects,
with too little resources.
For example, in Oklahoma, the state used its share of disaster funds
to provide a tax rebate to the victims of the May 1999 tornadoes who,
when rebuilding their homes, build a ``safe room'' into their home.
Because of limited funding, this assistance is only available to those
who were unfortunate enough to lose everything they owned. The ``safe
room'' program in Oklahoma is a prime example of giving states more
flexibility in determining their own mitigation priorities and giving
them the financial assistance to follow through with their plans.
An additional problem we remedy with the increase is the lack of
comprehensive state-wide mitigation plans. Under current law, states
are required to submit mitigation plans to FEMA, at which time they are
routinely approved. However, as a condition of receipt of increased
funding, states are going to have to do a better job at bridging the
gap between state and local mitigation plans by developing
comprehensive mitigation plans so that in the aftermath of a disaster,
states know what their most vulnerable areas are and can take
appropriate preventative measures.
While we are attempting to re-define the way in which we respond to
natural disaster, we must also look to curb the rising cost of post-
disaster related assistance. The intent of the original Stafford Act
was to provide federal assistance after States and local communities
had exhausted all their existing resources. As I said earlier, we have
lost sight of this intent.
To meet our cost saving goal, we are making significant changes to
FEMA's Public Assistance (PA) Program. One of the most significant
changes in the PA Program focuses on the use of insurance. FEMA is
currently developing an insurance rule to require States and local
government to maintain private or self-insurance in order to qualify
for the PA Program. We applaud their efforts and are providing them
with with some parameters we expect them to follow in developing any
insurance rule.
While FEMA's progress in this area is commendable, it has come at the
considerable opposition from States and local governments who fear the
impact of any new insurance regulation. Instead of ignoring the
concerns of the stakeholders, we have sought to work with them and
bring their views to the table early in the regulatory process. As FEMA
continues its work towards an insurance regulation, States and local
governments are now assured that the final rule will encompass their
concerns.
Second, we are providing FEMA with the ability to estimate the cost
of repairing or rebuilding projects. Under current law, FEMA is
required to stay in the field and monitor the rebuilding of public
structures. By requiring FEMA to stay afield for years after the
disaster, we run up the administrative cost of projects. Allowing them
to estimate the cost of repairs and close out the project will bring
immediate assistance to the State or local community and save the
Federal government money.
In all, the Congressional Budget Office (CBO) projects our bill to
save approximately $238 million over five years. I personally feel this
is an underestimate. CBO, because of budget rules, is unable to take
into account any savings that occur outside the initial five-year
window. Yet, CBO says in its analysis that long-term savings are likely
as a result of the predisaster mitigation measures included in the
bill. CBO also says it cannot quantify the savings associated with the
implementation of any future insurance rule. Yet, common sense tells us
that if public buildings have some level of private insurance, federal
spending under the Public Assistance Program will be reduced.
Mr. President, we have spent months working closely with other
Senators, FEMA, the States, local communities, and other stakeholders
to produce a bill that gives FEMA the increased ability to respond to
disasters, while assuring States and local communities that the federal
government will continue to meet its commitments. Our bill has the
endorsement of the National League of Cities, the National Emergency
Managers Association , and FEMA.
In closing, I want to thank Senators Graham, Smith, and Baucus for
their help and the leadership they have taken on this important issue.
I would also like to thank Senators Voinovich, Grassley, DeWine, and
Bond for their support of this legislation. Without their help, input,
and insight this legislation would be little more than an idea. I look
forward to continuing to work with them as this bill moves to
conference to make this legislation a reality.
Mr. SMITH of New Hampshire. Mr. President, I rise in support of the
amendments to the Stafford Act in the form of H.R. 707. I would like to
thank Senators Inhofe and Graham and their staff for all their hard
work in developing a good bipartisan bill. I am proud the committee I
chair was able to report a bill to the floor with strong bipartisan
support. I am also very pleased the version the Senate passed will save
the taxpayer money both in the short and long term.
This bill makes great strides to enhance FEMA's ability to better
serve the public in times of disaster. It will also help local
communities to better prepare and mitigate potential problems prior to
a disaster. The mitigation focus in this bill will ensure better
protection of life and property as well as providing savings to the
taxpayer.
The substitute H.R. 707 that has been agreed to by the Senate is
identical language to that in S. 1691 as amended by the Committee on
Environment and Public Works with the additional Technical and
Managers' amendments that were filed. Those who wish to research the
legislative history of H.R. 707, as passed by the Senate, should refer
to the legislative history of S. 1691 and the report, number 106-295,
filed by the Committee on Environment and Public Works on S. 1691.
Mr. GRAHAM. Mr. President, I rise to join my distinguished colleague
from Oklahoma, Senator Inhofe, upon the passage of our legislation to
reauthorize the Federal Emergency Management Agency (FEMA) and to
create public and private incentives to reduce the cost of future
disasters.
On June 1st, we will face the beginning of the 2000 Hurricane season,
the National Weather Service has predicted that the United States will
face at least three intense hurricanes during the next six months.
Coming just eight years after Hurricane Andrew damaged 128,000 homes,
left approximately 160,000 people homeless, and caused nearly $30
billion in damage, this forecast reminds us of the inevitability and
destructive power of Mother Nature. We must prepare for natural
disasters now in order to minimize their devastating effects.
It is impossible to prevent violent weather. Our experiences since
Hurricane Andrew--including the Northridge Earthquake, the Upper
Midwest Floods, and Hurricanes Fran and Floyd--clearly demonstrate the
overwhelming losses associated with major weather events.
However, Congress can reduce these losses by legislating a
comprehensive, nationwide mitigation strategy. Senator Inofe and I have
worked closely with our colleagues in the Senate, FEMA, the National
Emergency Management Association, the National League of Cities, the
American Red Cross, and numerous other groups to construct a
comprehensive proposal that will make mitigation--not response and
recovery--the primary focus of emergency management. In addition, I
would like to recognize the efforts of Senator Bond, Chairman of FEMA's
appropriations subcommittee, in working closely with us to pass this
legislation.
This legislation amends the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by:
Authorizing programs for pre-disaster emergency preparedness;
Streamlining the administration of disaster relief;
Controlling the Federal costs of disaster assistance; and
Providing real incentives for the development of community-sponsored
disaster mitigation projects.
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Mr. President, history has demonstrated that no community in the
United States is safe from disasters. From tropical weather along the
Atlantic Coast to devastating floods in the Upper Midwest to
earthquakes in the Pacific Rim, all Americans have suffered as a result
of Mother Nature's fury.
She will strike again. But we can avoid some of the excessive human
and financial costs of the past by applying both what we have learned
about disaster preparedness and by implementing new technologies that
are available to mitigate against loss.
Florida has been a leader in incorporating the principles and
practice of hazard mitigation into the mainstream of community
preparedness. We have developed and implemented mitigation projects
using funding from the Hazard Mitigation Grant Program, the Flood
Mitigation Assistance Program, FEMA's Project Impact, and many other
public-private partnerships.
All Americans play a role in reducing the risks associated with
natural and technological hazards. Engineers, hospital administrators,
business leaders, regional planners, emergency managers and volunteers
each contribute to community-wide mitigation efforts.
A successful mitigation project may be as basic as the Miami Wind
Shutter program. The installation of shutters is a cost-effective
mitigation measure that has proven effective in protecting buildings
from hurricane force winds, and in the process, minimizing direct and
indirect losses to vulnerable facilities. These shutters significantly
increase strength and provide increased protection of life and
property.
For example, Hurricane Andrew did $17 million worth of damage to
three hospitals in Miami. These facilities included Baptist, Miami
South, and Mercy Hospitals. Through the Hazard Mitigation Grant
Program, these hospitals were retrofitted with wind shutters. Six years
after Hurricane Georges brushed against South Florida, this mitigation
project paid real dividends. Mercy Hospital estimated that the $2
million investment in their shutters protected their $230 million
medical complex. In addition, the track of this storm motivated
evacuees to leave more vulnerable areas of South Florida to seek
shelter. The protective shutters allowed this hospital to be used as a
safe haven for 200 pregnant mothers, prevented the need to evacuate
critical patients, and helped the staff's families to secure shelter
during the response effort.
In July of 1994, Tropical Storm Alberto's impact on the Florida
Panhandle triggered more than $500 million in federal disaster
assistance. State and local officials concluded that the most direct
solution to the problem of repetitive flooding was to remove or
demolish the structures at risk. A Community Development Block Grant of
$27.5 million was used to assist local governments in acquiring 388
extremely vulnerable properties.
The success of this effort was evident when the same area experienced
flooding again in the spring of 1998. Although both floods were of
comparable severity, the damages from the second disaster were
significantly lower in the communities that acquired the flood prone
properties. In summary, this mitigation project reduced the
communities' vulnerability to loss.
Today, we will reinforce the working partnership between the federal
government, the states, local communities and the private sector. In
mitigating the devastating effects of natural disasters, it is also
imperative that we control the cost of disaster relief. Our legislation
will help both of these efforts. I thank my colleagues for their
support of this initiative.
Mr. EDWARDS. Mr. President, I rise today to express my support for
the Disaster Mitigation and Cost Reduction Act, and more importantly--
the Federal Emergency Management Agency.
When I was elected to the Senate more than a year ago, I didn't think
I would be faced with such an enormous challenge my first year in
office--helping my state rebuild from the one of the worst hurricanes
in our history. On September 16, Hurricane Floyd pounded eastern North
Carolina. Sixty-six counties, more than 70 percent of the state--were
declared federal disaster areas. Fifty-seven people were killed, and
more than 60,000 homes were affected.
I've come to the floor many times and praised the courage and the
strength of eastern North Carolinians. Through this disaster, I have
met some of the most spirited and strong people. And I have also met
some of the most knowledgeable and caring federal workers--the men and
women of the Federal Emergency Management Agency. Whether it was
Director James Lee Witt, who visited my office many times to keep me
up-to-date on the federal response, or any of the field representatives
who explained the programs available to the victims, FEMA helped North
Carolina begin the long recovery process. And today, ten months after
the storm hit, FEMA is still helping us coordinate the federal and
state recovery efforts. It's been said before--and I now know first-
hand--that Director Witt turned FEMA from a disaster of an agency into
a disaster response team.
The measure we pass today will help make simple changes to ensure
this agency continues to offer first-rate response. Most importantly,
the bill before us would increase the Hazard Mitigation Grant Program
cap from 15 percent to 20 percent. We can't stop a hurricane, tornado
or earthquake, but we can take concrete steps to mitigate damage.
Increasing the amount States are allowed to spend on mitigation will
give those governments the necessary resources to move those people out
of harm's way. That means less future damage and less costly disasters.
H.R. 707 also authorizes Project Impact. New Hanover County, in my
state, was one of the first seven pilot Project Impact communities.
Project Impact is FEMA's predisaster mitigation program that works
directly with communities across the country to help them become more
disaster-resistant. In New Hanover County, residents are determined to
build better, stronger and smarter in order to prevent damage from the
inevitable late-summer hurricanes. The University of North Carolina at
Wilmington is also involved in the effort to mitigate disasters. That's
the great thing about the Project Impact communities--they are using
all available agencies and organizations to ensure safe and smart
development. We should officially recognize these communities efforts
and encourage the same work in other disaster prone areas.
Finally, in my State we know how the Federal government's disaster
response programs work--and sometimes don't work--together. This bill
takes steps to streamline the programs and to better coordinate between
different agencies. Portions of this bill would make life a bit simpler
for our outstanding emergency management agency in North Carolina.
Whether it's streamlining management costs or making infrastructure
repairs simpler, this bill makes much-needed improvements in the
system.
Mr. President, there is no area of the country untouched by natural
disasters. Whether it's my state battered by hurricanes; California
plagued by earthquakes; the Midwest hit by floods; or the states in
``tornado alley;'' we all know the sudden devastation Mother Nature can
bring. And we all know we can count on FEMA at a time when the states
we represent are most vulnerable, when our people hurt the most. Now
its time for Congress to support this bill and to ensure FEMA can
continue the first-rate response we so depend on.
Mr. CRAPO. Mr. President, I rise to engage the distinguished
Subcommittee Chairman in a colloquy.
Mr. INHOFE. I yield to the Senator.
Mr. CRAPO. I want to express my appreciation for the Senator's
efforts, and those of the Committee Chairman, Senator Smith, and
Subcommittee Ranking Member Senator Graham in working with Senator
Baucus and me to reaffirm the eligibility of Private Non-Profit (PNP)
irrigation companies for FEMA reimbursement of their facilities in the
aftermath of disasters. As he knows, a pending FEMA policy would
unfairly single out irrigators among PNPs as ineligible for FEMA
assistance. Language in the legislation would ensure that PNP
irrigators receive the same treatment as other PNPs in the event of a
disaster.
This matter is of critical importance to PNP irrigation companies
throughout the West. Generally taking on the responsibilities of water
utilities elsewhere, irrigation companies provide a
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valuable service to westerners, including the provision of drinking
water, irrigation support, and other critical facilities. Without these
services, life in the West could not exist as we know it today.
At this time, I would ask that we yield to the distinguished Ranking
Member of the full Committee, Senator Baucus. Senator Baucus?
Mr. BAUCUS. I thank the Senator. I want to echo his comments about
the importance of this provision. PNP irrigators provide a valuable
service to communities in many western states and their continued fair
treatment under FEMA policies is the right thing to do. I extend my
thanks to Chairman Inhofe, Chairman Smith, and Senator Graham in
working to address this matter, both in Committee and here today.
As this measure makes its way through the legislative process, I hope
we can count on the Senator's continued assistance in protecting the
interests of PNP irrigators. I thank the Senator.
Mr. INHOFE. I appreciate the Senator bringing this matter to the
Committee's attention and working with us to come up with a clear
policy on PNP irrigators. As he knows, during the mark-up in February,
the Committee adopted the Crapo/Baucus/Bennett amendment to solve this
situation. However, as we later learned, the amendment was insufficient
in the eyes of FEMA to resolve this issue. I think that the language
contained in the legislation unequivocally addresses the issue and
there can be no ambiguity in the wishes of the Senate concerning FEMA's
policy affecting private nonproit irrigators in the states. Therefore,
I reiterate my commitment to enacting legislation that creates equity
for PNP irrigators in the implementation of FEMA policies.
Mr. CRAPO. I thank the Senator. I yield back the floor.
Mr. BURNS. Mr. President, I ask unanimous consent that the amendment
be agreed to, the bill be read the third time and passed, the motion to
reconsider be laid upon the table, and any statements relating to the
bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3946) was agreed to.
The bill (H.R. 707), as amended, was passed.
____________________