[Congressional Record Volume 164, Number 69 (Friday, April 27, 2018)]
[House]
[Pages H3710-H3722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FAA REAUTHORIZATION ACT OF 2018
General Leave
Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 4.
The SPEAKER pro tempore (Mr. Thompson of Pennsylvania). Is there
objection to the request of the gentleman from Pennsylvania?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 839 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 4.
Will the gentleman from Louisiana (Mr. Johnson) kindly take the
chair.
{time} 0911
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4) to reauthorize programs of the Federal Aviation
Administration, and for other purposes, with Mr. Johnson of Louisiana
(Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Thursday,
April 26, 2018, amendment No. 87 printed in House Report 115-650,
offered by the gentleman from Massachusetts (Mr. Lynch), had been
disposed of.
Amendments En Bloc No. 4 Offered by Mr. Shuster of Pennsylvania
Mr. SHUSTER. Mr. Chairman, pursuant to House Resolution 839, I offer
amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 4 consisting of amendment Nos. 102, 103, 105,
106, 109, 111, 113, and 116 printed in part A of House Report 115-650,
offered by Mr. Shuster of Pennsylvania:
Amendment No. 102 Offered by mr. thompson of california
Page 270, line 21, strike ``and'' at the end.
Page 271, line 2, strike the quotation marks and both
periods and insert a semicolon.
Page 271, after line 2, insert the following:
``(13) removing standing burned trees; and
``(14) replacing water systems that have been burned and
have caused contamination.''.
Amendment No. 103 Offered by mr. keating of massachusetts
Page 273, line 12, strike ``; and'' and insert a semicolon.
[[Page H3711]]
Page 273, line 16, strike the period and insert ``; and''.
Page 273, after line 16, insert the following:
(3) how State, Tribal, and local governments, first
responders, utility companies, hospitals, nursing homes, and
other long-term care facilities should develop a strategy to
coordinate emergency response plans, including the activation
of emergency response plans, in anticipation of a major
disaster, including severe weather events.
Amendment No. 105 Offered by mr. meadows of north carolina
Page 297, line 12, insert ``the Disaster Assistance Working
Group of the Council of the Inspectors General on Integrity
and Efficiency,'' after ``Development,''.
Page 297, line 22, insert ``the Disaster Assistance Working
Group of the Council of the Inspectors General on Integrity
and Efficiency,'' after ``Development,''.
Amendment No. 106 Offered by mr. blumenauer of oregon
Add at the end of title VI:
SEC. 637. ELIGIBILITY FOR CODE IMPLEMENTATION AND
ENFORCEMENT.
Section 402 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) provide assistance to State and local governments for
building code and floodplain management ordinance
administration and enforcement, including inspections for
substantial damage compliance.''.
Amendment No. 109 Offered by ms. jackson lee of texas
At the end of title VI, insert the following:
SEC. ___. GAO REPORT ON LONG-TERM RECOVERY EFFORTS.
(a) In General.--Not later than 240 days after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report on long-term recovery efforts following
Hurricane Andrew, the attacks of September 11, 2001,
Hurricane Katrina, Hurricane Ike, and Hurricane Sandy.
(b) Content of Report.--The report shall contain the
following:
(1) Information on defining a long-term recovery, the
stages of a long-term recovery, and the transition from
Federal Government management of long-term recovery efforts
to State and local leadership.
(2) An assessment of the personnel needed, and the types of
expertise or certifications required to accomplish the
administration and management of recovery efforts for each of
the disasters described in subsection (a).
(3) An analysis of the success and efficiency of the long-
term disaster recovery, and best practices learned that may
be applied to future long-term disaster recovery plans.
(4) Recommendations of the Comptroller General for what
should be defined as a long-term disaster recovery project
using existing authority and responsibility of the Federal
Emergency Management Agency (FEMA) to advise and make
recommendations to the President regarding Presidential
Disaster Declarations.
(5) Recommendations of FEMA on the capacity and competence
of FEMA to manage multiple major Presidential Disaster
Declarations simultaneously of the magnitude of 3, 4, or all
5 of the disasters described in subsection (a) occurring
within weeks of each other.
Amendment No. 111 Offered by mr. keating of massachusetts
At the end of title VI (page 322, after line 24), add the
following new section:
SEC. 637. GUIDANCE AND TRAINING BY FEMA ON COORDINATION OF
EMERGENCY RESPONSE PLANS.
(a) Training Requirement.--The Administrator of the Federal
Emergency Management Agency shall provide guidance and
training on an annual basis to State, local, and Tribal
governments, first responders, and facilities that store
hazardous materials on coordination of emergency response
plans in the event of a major disaster or emergency,
including severe weather events. The guidance and training
shall include the following:
(1) Providing a list of equipment required in the event a
hazardous substance is released into the environment.
(2) Outlining the health risks associated with exposure to
hazardous substances to improve treatment response.
(3) Publishing best practices for mitigating further danger
to communities from hazardous substances.
(b) Implementation.--The requirement of subsection (a)
shall be implemented not later than 180 days after the date
of enactment of this Act.
Amendment No. 113 Offered by mr. cartwright of pennsylvania
Add at the end of the bill the following:
TITLE IX--PREPAREDNESS AND RISK MANAGEMENT FOR EXTREME WEATHER PATTERNS
ASSURING RESILIENCE AND EFFECTIVENESS
SEC. 901. SHORT TITLE.
This title may be cited as the ``Preparedness and Risk
Management for Extreme Weather Patterns Assuring Resilience
and Effectiveness Act of 2018'' or the ``PREPARE Act of
2018''.
SEC. 902. INTERAGENCY COUNCIL ON EXTREME WEATHER RESILIENCE,
PREPAREDNESS, AND RISK IDENTIFICATION AND
MANAGEMENT.
(a) Establishment.--There is hereby established a council
to be known as the ``Interagency Council on Extreme Weather
Resilience, Preparedness, and Risk Identification and
Management''.
(b) Membership.--The Interagency Council shall be composed
of the following:
(1) Senior officials, to be appointed by the President,
including representation from the following:
(A) The Council on Environmental Quality.
(B) The Office of Science and Technology Policy.
(C) The National Security Council.
(D) The Office of Management and Budget.
(E) The Department of Transportation.
(F) The Environmental Protection Agency.
(G) The National Oceanic and Atmospheric Administration.
(H) The Department of Energy.
(I) The Department of Homeland Security.
(J) The Federal Emergency Management Agency.
(K) The Department of Defense.
(L) The National Aeronautics and Space Administration.
(M) The Department of Agriculture.
(N) The Department of Housing and Urban Development.
(O) The Department of Justice.
(2) Senior officials, to be appointed by the President, who
have relevant policy expertise and policy responsibilities,
including in the following areas:
(A) Economic policy and risk analysis.
(B) Foreign affairs.
(C) Defense and intelligence.
(D) Homeland security.
(E) Energy.
(F) Environmental protection.
(G) Natural resources.
(H) Coasts, oceans, rivers, and floodplains.
(I) Agriculture.
(J) Health.
(K) Transportation and infrastructure.
(L) Housing.
(M) Education.
(N) Extreme weather data analysis or meteorological
science.
(O) Social science.
(P) Strategic planning.
(Q) Urban and land use planning.
(R) Other areas the President determines appropriate.
(c) Co-Chairpersons.--
(1) In general.--The Interagency Council shall be co-
chaired by the Deputy Secretary of the Department of Homeland
Security and the Deputy Director of the Office of Management
and Budget. The President may appoint one or more additional
members as co-chairs, as appropriate.
(2) Duties.--The co-chairpersons shall--
(A) oversee the Interagency Council's response to the
Government Accountability Office's recommendations under
subsection (f)(5);
(B) use the evaluation framework and performance metrics
developed pursuant to subsection (f)(6) to evaluate agency
progress in meeting the goals and implementing the priorities
described in subsection (f)(1)(A); and
(C) work to ensure that sufficient resources are available
for agencies to--
(i) meet the goals and implement the priorities described
in subsection (f)(1)(A); and
(ii) implement the recommendations developed under
subsection (f)(2).
(d) Administration.--The co-chairpersons of the Interagency
Council (or staff designed by the co-chairpersons) shall
provide administrative support and additional resources, as
appropriate, to the Interagency Council to the extent
permitted by law and within existing appropriations. The
Interagency Council co-chairpersons shall determine the
amount of funding and personnel necessary for the Interagency
Council to carry out its duties and the amount of funding and
personnel each agency represented on the Interagency Council
should contribute in order for the Interagency Council to
carry out such duties. Agencies shall, upon the request of
the co-chairpersons of the Interagency Council, make
available personnel, administrative support services, and
information to the Interagency Council.
(e) Structure.--
(1) Steering committee.--The co-chairpersons of the
Interagency Council shall designate a subset of members of
the Interagency Council to serve on a steering committee.
Such steering committee shall assist the Interagency Council
in determining its priorities and its strategic direction.
(2) Working groups.--The co-chairpersons of the Interagency
Council and its steering committee may establish working
groups as needed.
(f) Duties of the Interagency Council.--
(1) Goals and priorities.--
(A) In general.--The Interagency Council shall establish
Governmentwide goals and priorities for extreme weather
resilience, preparedness, and risk identification and
management. In establishing such goals and priorities, the
Interagency Council shall consider the National Oil and
Hazardous Substances Pollution Contingency Plan, agency
continuity of operations plans, the National Preparedness
Goal, the National Preparedness Report, the National Global
Change Research Plan, the Mitigation Framework Leadership
Group's National Mitigation Investment Strategy (if
available), State and
[[Page H3712]]
local mitigation plans, and all relevant provisions of the
Government Accountability Office's High-Risk Series.
(B) Coordination.--In executing the duties pursuant to this
subsection, the Interagency Council shall coordinate with
other groups in the Federal Government focused on extreme
weather mitigation and recovery (including the Mitigation
Framework Leadership Group, the Recovery Support Functions
Leaders Group, and the Emergency Support Functions Leaders
Group), to avoid duplication among Federal activities to the
extent practicable.
(C) Incorporation into agency activities.--In carrying out
subparagraph (A), the Interagency Council shall, in order to
ensure that information relating to extreme weather
resilience, preparedness, and risk identification and
management is incorporated into everyday agency activities--
(i) work with agencies to assist such agencies in
considering the goals and priorities described in
subparagraph (A) in agency strategic, programmatic, and
budget planning;
(ii) identify details to be included in agency extreme
weather plans; and
(iii) work to identify and communicate localized extreme
weather and natural hazard risk to the extent possible using
the best available information regarding risk, and encourage
the development of thorough, updated maps, models, and tools
to measure and evaluate risk.
(2) Priority interagency federal actions.--The Interagency
Council shall develop, recommend, coordinate, and track
implementation of priority interagency Federal Government
actions related to extreme weather resilience, preparedness,
and risk identification and management.
(3) Support regional, state, and local actions.--The
Interagency Council shall support regional, State, and local
action to assess extreme weather-related vulnerabilities and
cost effectively increase extreme weather resilience,
preparedness, and risk identification and management of
communities, critical economic sectors, natural and built
infrastructure, and natural resources, including by--
(A) conducting inventories under section 906;
(B) convening meetings under section 907;
(C) providing guidance to agencies to produce tools and
products that enhance extreme weather resilience planning,
risk knowledge, and actions for use in all levels of
government, including guidance on how to prioritize funding
in order to produce such tools and products; and
(D) reviewing State and local mitigation plans.
(4) Meteorological and extreme weather science.--The
Interagency Council shall facilitate the integration of
meteorological and extreme weather science, in addition to
other scientific disciplines such as physical, natural, and
social science that the Council determines to be appropriate,
in the policies risk evaluation and communication, and
planning of agencies and the private sector, including by--
(A) promoting the development of innovative, actionable,
and accessible Federal extreme weather resilience,
preparedness, and risk identification and management-related
information, data, tools, and examples of successful actions
at appropriate scales for decisionmakers; and
(B) providing such information, data, tools, and examples
to the agency or agencies designated under section 904 to
include on the website established and maintained or
designated pursuant to such section.
(5) High-risk report recommendations.--The Interagency
Council shall assess the specific recommendations relating to
extreme weather in all relevant provisions of the Government
Accountability Office's High-Risk Series, identify the
feasibility of revising Federal programs to implement such
recommendations, and develop a plan to address such
recommendations when feasible that does not duplicate the
National Preparedness Goal.
(6) Framework and performance metrics.--The Interagency
Council shall use existing and emerging science to develop or
adopt--
(A) a framework for evaluating the progress and success of
extreme weather resilience, preparedness, and risk
identification and management-related efforts that is
complementary to and not duplicative of any local or national
indicator system developed as part of the National
Preparedness Goal; and
(B) performance metrics that allow tracking of the actions
taken and progress made toward meeting the goals and
implementing the priorities described in paragraph (1)(A).
(7) Recommendations for the ceq and omb.--The Interagency
Council shall provide to the Council on Environmental
Quality, the Office of Management and Budget, and the
Department of Homeland Security recommendations on how
agencies should--
(A) develop or update agency extreme weather plans;
(B) remove barriers to State and local extreme weather
resilience, preparedness, and risk identification and
management, in agency regulations, guidance, and policies;
and
(C) avoid duplication among Federal activities to the
extent practicable.
(8) Public input and comment.--The Interagency Council
shall solicit and incorporate public input and comment as
appropriate into the decisions of the Interagency Council.
(9) Inventory and meetings.--The Interagency Council shall
conduct inventories under section 906 and convene meetings
under section 907.
(10) Definition of extreme weather.--The Interagency
Council shall consider and may update, not less frequently
than every two years, in consultation with appropriate
scientific bodies, the definition of ``extreme weather'' and
what other weather events (in addition to those described in
section 909(3)) qualify as extreme weather for purposes of
this title. The definition of ``extreme weather'' shall be
published and updated, as necessary, on the website of the
Council and in the Federal Register.
(11) Other duties.--The Interagency Council shall carry out
any other duties the co-chairpersons of the Interagency
Council determine appropriate.
(12) Public information.--The Interagency Council shall--
(A) make information available online--
(i) for tracking implementation of agency extreme weather
plans and Governmentwide goals and priorities described in
paragraph (1)(A);
(ii) on recommendations relating to extreme weather in all
relevant provisions of the Government Accountability Office's
High-Risk Series; and
(iii) on the results of the Council's efforts to identify
nationwide and localized risks (including updated mapping
efforts); and
(B) make such High-Risk Series and the reports submitted
under paragraph (13) available as the Council determines
appropriate.
(13) Annual report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter
(concurrently with the United States Global Change Research
Program Annual Report and the National Preparedness Report),
the Interagency Council shall submit to Congress, and make
available to the United States Global Change Research Program
and the Federal Emergency Management Agency, a report that--
(A) describes how the goals and priorities described in
paragraph (1)(A) are being met and implemented using--
(i) the performance metrics developed under paragraph
(6)(B); and
(ii) information on--
(I) agency expenditures, broken down by program activity
level if practicable, that are directly related to extreme
weather resilience, preparedness, and risk identification and
management, including extreme weather resilience,
preparedness, and risk identification and management of
Federal facilities; and
(II) the effectiveness of such expenditures, along with
associated financial impacts and community, infrastructure,
and environmental benefits, to the extent such data are
available;
(B) provides recommendations to enhance the effectiveness
of such implementation and sets benchmarks to meet;
(C) describes the progress of the regional coordination
efforts described in sections 906, 907, and 908; and
(D) includes a summary of public comments solicited under
paragraph (8) and any action the Interagency Council took to
respond to such comments.
(g) Consultation.--In carrying out paragraphs (2) through
(12) of subsection (f), the Interagency Council shall consult
with agencies, State and local governments, academic and
research institutions, and the private and nonprofit sectors.
(h) OMB Guidance.--The Director of the Office of Management
and Budget, taking into consideration the recommendations
provided by the Interagency Council under subsection (f)(7),
shall issue guidance to agencies on--
(1) developing agency extreme weather plans, which shall
incorporate existing agency reports, where appropriate, to
prevent duplication and reduce overlap; and
(2) developing agency regulations, guidance, and policies
to remove barriers to State and local extreme weather
resilience, preparedness, and risk identification and
management.
SEC. 903. AGENCY PLANNING FOR EXTREME WEATHER-RELATED RISKS.
(a) Agency Extreme Weather Resilience, Preparedness, and
Risk Identification and Management Plans.--
(1) Agency submission.--Not later than 1 year after the
date of the enactment of this Act, and every 2 years
thereafter, the head of each agency, in coordination with the
Director of the Federal Emergency Management Agency to avoid
duplication with the National Planning Frameworks, shall
submit to the Director of the Office of Management and Budget
and to the Interagency Council a comprehensive plan that
integrates consideration of extreme weather into such
agency's operations and overall mission objectives
(hereinafter referred to as an ``agency extreme weather
plan'').
(2) Hearing.--Not later than 1 year after the date of the
enactment of this Act, and every 2 years thereafter, the
Director of the Office of Management and Budget shall convene
an interagency budget crosscut and policy hearing to review
and integrate all the agency extreme weather plans and to
ensure that such extreme weather plans and the activities of
agencies align with the goals and priorities established
under section 902(f)(1)(A).
(3) OMB submission.--The Director of the Office of
Management and Budget, upon receipt of all agency extreme
weather plans in a given year, shall consolidate and submit
to Congress such plans.
[[Page H3713]]
(b) Inclusions.--Each agency extreme weather plan shall
include--
(1) identification and assessment of extreme weather-
related impacts on, and risks to--
(A) the agency's ability to accomplish its missions,
operations, and programs over time periods to be designated
by the Interagency Council; and
(B) State and local entities;
(2) identification and assessment of barriers posed by
Federal programs the agency administers to State and local
extreme weather resilience, preparedness, and risk
identification and management efforts;
(3) a description of programs, policies, and plans the
agency has already put in place, as well as additional
actions the agency will take, to manage extreme weather risks
in the near term and build resilience in the short and long
term;
(4) a description of how the agency will consider the need
to improve extreme weather resilience, preparedness, and risk
identification and management, including the costs and
benefits of such improvement, with respect to agency
suppliers, supply chain, real property investments, and
capital equipment purchases, including by updating agency
policies for leasing, building upgrades, relocation of
existing facilities and equipment, and construction of new
facilities;
(5) a description of how the agency will support any
ongoing or future public-private partnership to improve
extreme weather resilience, preparedness, and risk
identification and management, including the cost and
benefits of technology and methodology improvements,
hardening, or rapid restoration;
(6) a description of how the agency will contribute to
coordinated interagency efforts to support extreme weather
resilience, preparedness, and risk identification and
management at all levels of government, including
collaborative work across agencies' regional offices and
hubs, and through coordinated development of information,
data, and tools, consistent with sections 906, 907, and 908;
and
(7) any other details identified by the Interagency Council
under section 902(f)(1)(B)(ii).
SEC. 904. WEBSITE.
(a) In General.--The Interagency Council shall designate an
agency or agencies to establish, maintain, or designate a
website that provides timely, actionable, and accessible
information, data, and tools on current and future risks
related to extreme weather, preparedness, resilience, and
risk identification and management, to support Federal,
regional, State, local, private sector, and other
decisionmakers.
(b) Interagency Progress.--The website described under
subsection (a), shall identify interagency progress, and
propose the next interagency steps, towards responding to
threats posed by extreme weather.
(c) Best Practices.--The website described under subsection
(a) shall provide best practices and examples from Federal,
regional, State, and local decisionmakers in the public and
private sectors about how to use extreme weather-related
information in planning and decisionmaking.
(d) Interagency Council Information and Tools.--The website
described under subsection (a) shall include the information,
data, tools, and examples provided by the Interagency Council
pursuant to section 902(f)(4).
(e) Best Available Meteorological Science.--The website
described under subsection (a) shall identify best available
meteorological science relating to extreme weather
resilience, preparedness, and risk identification and
management.
(f) Public Outreach and Education.--The Interagency Council
shall designate one or more agencies to conduct outreach and
educational activities to inform the public and regional,
State, and local decisionmakers about the tools and
information available on the website described under
subsection (a).
SEC. 905. PROVIDING ADEQUATE RESOURCES AND SUPPORT.
The Director of the Office of Management and Budget shall
ensure that each agency provides adequate resources to the
Interagency Council, including administrative services and
personnel support, as appropriate--
(1) for the website described under section 904; and
(2) to otherwise carry out this title.
SEC. 906. INVENTORY.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, and every 2 years thereafter, the
Interagency Council, or a working group of such Interagency
Council established by the co-chairpersons thereof, shall
conduct and publish an inventory of all regional offices,
centers, and programs of agencies that are assisting with
extreme weather resilience, preparedness, and risk
identification and management efforts at the State or local
level, including--
(1) the National Oceanic and Atmospheric Administration's
regional programs;
(2) the Department of the Interior's Fish and Wildlife
Service Landscape Conservation Cooperatives;
(3) the United States Geological Survey's Climate Science
Centers;
(4) the Department of Agriculture's Climate Hubs;
(5) the regional offices of--
(A) the Environmental Protection Agency;
(B) the Federal Emergency Management Agency;
(C) the Department of Transportation; and
(D) the Forest Service;
(6) the division offices of the Army Corps of Engineers;
and
(7) such other offices, centers, and programs or other
agency efforts as determined appropriate by the Interagency
Council.
(b) Assistance Described.--An inventory conducted and
published under subsection (a) shall include a description of
the assistance each agency office, center, or program is
providing to assist with extreme weather resilience,
preparedness, and risk identification and management efforts
at the State or local level.
SEC. 907. MEETINGS.
Not later than 6 months after the publication of each
inventory under section 906, the Interagency Council shall
convene a meeting of representatives of the offices, centers,
and programs included in such inventory and invite other
local and regional stakeholders to participate and develop
plans to coordinate the efforts of such offices, centers, and
programs and facilitate efficient services to stakeholders.
At such meetings, such representatives shall--
(1) share information regarding their office, center, or
program's extreme weather resilience, preparedness, and risk
identification and management efforts;
(2) identify opportunities for collaboration and
coordination of research agendas, extreme weather assessment
activities, vulnerability assessments, data collection and
analysis, and planning and implementing extreme weather
resilience, preparedness, and risk identification and
management projects;
(3) identify extreme weather resilience, preparedness, and
risk identification and management information needs,
research gaps, and decision support needs that are not met by
any of the offices, centers, or programs included in the
inventory under section 906 and make available such
identification for purposes of information to be submitted to
the Interagency Council under section 907;
(4) identify common and complementary goals for extreme
weather resilience, preparedness, and risk identification and
management within each region to be prioritized for the
coming year and beyond;
(5) identify barriers to regional extreme weather
resilience, preparedness, and risk identification and
management planning and implementation that can be overcome
or minimized through Federal action and specific suggestions
for improvement;
(6) evaluate progress and jointly develop a strategy for
realizing extreme weather resilience, preparedness, and risk
identification and management-related goals, including
clearly identified responsibilities by each collaborating
regional office, center, or program; and
(7) share experiences and best practices in stakeholder
engagement and communication, decision support, and science-
practice interactions that support the realization of
identified extreme weather resilience, preparedness, and risk
identification and management goals.
SEC. 908. PROGRESS UPDATES.
Not later than 90 days after each meeting under section
907, each agency that participates in such meeting shall
submit to the Interagency Council, and make available to the
United States Global Change Research Program and the Federal
Emergency Management Agency, information describing progress
in regional coordination and collaboration in aligning
Federal resilience, preparedness, and risk identification and
management efforts at the State and local level, and the
benefits of such regional coordination and collaboration.
SEC. 909. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' under section 105 of title 5, but
does not include the Government Accountability Office.
(2) Agency extreme weather plan.--The term ``agency extreme
weather plan'' means a plan required under section 903(a).
(3) Extreme weather.--The term ``extreme weather'' includes
observed or anticipated severe and unseasonable atmospheric
conditions, including drought, wildfire, heavy precipitation,
wave, high water, snowstorm, landslide, mudslide, hurricanes,
tornadoes and other windstorms (including derechos), extreme
heat, extreme cold, sustained temperatures or precipitation
that deviate from historical averages, and any other weather
event that the Interagency Council determines qualifies as
extreme weather pursuant to section 902(f)(10).
(4) Interagency council.--The term ``Interagency Council''
means the Interagency Council on Extreme Weather Resilience,
Preparedness, and Risk Identification and Management
established under section 902(a).
(5) Mitigation plan.--The term ``mitigation plan'' means
the mitigation plan required under section 322 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5165).
(6) National global change research plan.--The term
``National Global Change Research Plan'' means the National
Global Change Research Plan developed under section 104 of
the Global Change Research Act of 1990 (15 U.S.C. 2934), or
any revision thereof.
(7) National oil and hazardous substances pollution
contingency plan.--The term ``National Oil and Hazardous
Substances Pollution Contingency Plan'' means
[[Page H3714]]
the National Oil and Hazardous Substances Pollution
Contingency Plan described under part 300 of title 40, Code
of Federal Regulations, or any revision thereof.
(8) National preparedness goal.--The term ``National
Preparedness Goal'' means the national preparedness goal
developed under section 643 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 743).
(9) National preparedness report.--The term ``National
Preparedness Report'' means the report required by section
652(a) of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 752(a); Public Law 109-295).
(10) Preparedness.--The term ``preparedness'' means actions
taken to plan, organize, equip, train, and exercise to build,
apply, and sustain the capabilities necessary to prevent,
protect against, ameliorate the effects of, respond to, and
recover from extreme weather related damages to life, health,
property, livelihoods, ecosystems, and national security.
(11) Resilience.--The term ``resilience'' means the ability
to anticipate, prepare for, and adapt to changing conditions
and withstand, respond to, and recover rapidly from
disruptions.
(12) Senior official.--The term ``senior official'' means a
Deputy Secretary (or an equivalent officer) of an agency.
(13) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(14) United states global change research program.--The
term ``United States Global Change Research Program'' means
the United States Global Change Research Program established
under section 103 of the Global Change Research Act of 1990
(15 U.S.C. 2933).
(15) United states global change research program annual
report.--The term ``United States Global Change Research
Program Annual Report'' means the report required by section
102(e)(7) of the Global Change Research Act of 1990 (15
U.S.C. 2932(e)(7)).
SEC. 910. REQUIREMENT TO INCLUDE AGENCY EXTREME WEATHER PLAN
IN AGENCY PERFORMANCE PLAN.
A description of the most recent agency extreme weather
plan, as required under section 903, shall be included in the
performance plan of an agency (as defined in section 909)
required pursuant to section 1115(b) of title 31, United
States Code.
SEC. 911. SUNSET AND REPEAL.
This title ceases to be effective and is repealed on the
date that is 5 years after the date of the enactment of this
Act.
Amendment No. 116 Offered by mrs. comstock of virginia
Beginning on page 331, strike line 13 and all that follows
through page 332, line 1 (and redesignate any subsequent
subsections accordingly).
The Acting CHAIR. Pursuant to House Resolution 839, the gentleman
from Pennsylvania (Mr. Shuster) and the gentleman from Oregon (Mr.
DeFazio) each will control 10 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SHUSTER. Mr. Chairman, I support considering these amendments en
bloc, all of which have been approved by both the majority and
minority. These Members put forward thoughtful amendments, and I am
pleased to be able to support moving them en bloc.
Mr. Chairman, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I support the adoption of the amendments en bloc and
recommend them to my colleagues, and I yield back the balance of my
time.
Mr. SHUSTER. Mr. Chair, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Chair, I rise to speak in support of the Jackson
Lee Amendment to H.R. 4, FAA Reauthorization and Disaster Recovery
Reform Act, which is included in En Bloc Amendment Number Four.
I.thank the Chair and Ranking Member of the House Committee on Rules
for making this Jackson Lee Amendment in order.
I thank Chairman Shuster and Ranking Member DeFazio for their
leadership in bringing the FAA Reauthorization and Disaster Recovery
Reform Act to the House Floor for consideration.
I am disappointed that the other Jackson Lee Amendments to H.R. 4,
the ``FAA Reauthorization and Disaster Recovery Reform Act that
addressed disaster recovery reform and offered improvements to
commercial air transportation, were not made in order.
I offered Jackson Lee Amendment No. 609 because of my experience with
Hurricane Harvey.
Over the years, Members of Congress, develop an extensive network of
people we work with and those who may have need of legislative
assistance.
The storm and the catastrophic flooding that resulted from Hurricane
Harvey put at risk thousands of people who needed help.
The 911 emergency call centers serving the disaster area were
inundated with thousands of calls for rescues.
I am pleased to say that my office managed dozens of calls, which
came to me and my staff from Houston residents seeking rescue or
medical assistance.
FEMA, the City of Houston and the State of Texas did exceptional work
in the disaster response for Hurricane Harvey.
There is no blame or fault, but valuable lessons that can be learned.
There was no way to pre-prepare for Hurricane Harvey or Maria or Irma
or any of the other major disaster events in 2017.
What we can do is learn as much as possible and apply those lessons
to future disaster response and recovery efforts.
When there is an event, like Hurricane Harvey there are important and
valuable lessons that can help us to meet future challenges.
Harvey's significance is the size of the impact zone and the level of
flooding experienced.
The nine-county Houston metro area impacted by Hurricane Harvey
covers 9,444 square miles, an area larger than five states, including
New Hampshire, New Jersey and Connecticut.
Harris County covers 1,778 square miles, enough space to fit New York
City, Philadelphia, Boston, Chicago, Seattle, Austin and Dallas, with
room still to spare.
There was over 41,500 square miles of land mass impacted by Hurricane
Harvey and the subsequent flooding that covered an area larger than the
States of Connecticut, Massachusetts, New Hampshire, Rhode Island and
Vermont combined.
Hurricane Harvey dropped 21 trillion gallons of rainfall on Texas and
Louisiana, most of it on the Houston Metroplex.
Harvey dropped 51.88 inches of rain near Cedar Bayou, in the City of
Houston, and 52 inches in Nederland and nearby Groves Texas making this
the highest rain totals ever recorded for a single U.S. weather event.
At its peak on September 1, 2017, one-third of Houston was
underwater.
At the peak on August 31, there were 34,575 evacuees in shelters
across Texas.
Hurricane Harvey is the largest housing disaster to strike the U.S.
in our nation's history.
Hurricane Harvey damaged 203,000 homes, of which 12,700 were
destroyed.
On April 17, 2018, 2,585 families are still in hotel rooms in hotels
because of Hurricane Harvey.
Thousands of others with severe damage to their homes continue to
live with family or friends.
889,425 people have registered for assistance with the Federal
Emergency Management Agency.
There are families including small children and the elderly living in
mold infested or gutted-out homes.
The Jackson Lee Amendment made in order for consideration of H.R. 4,
provides for a GAO report 240 days following enactment on long-term
recovery efforts following Hurricane Andrew, September 11, 2001,
Hurricane Katrina, Hurricane Ike, and Hurricane Sandy to better inform
the Congress when catastrophic events occur that may require long-term
recovery planning.
My amendment is the first step to determine how best to stress test
FEMA for capacity and competence to respond to several major disaster
at the same time.
Disasters like Harvey, Maria, Jose, Sandy, Ike, and September 11,
2018 are exemplars of the most challenging and catastrophic events in
our nation's modern history.
These disasters will or have taken years to recovery from, which
classifies them as long term recovery events.
We need to learn from our past to better secure our future should our
nation face similar challenges.
This Jackson Lee Amendment would ensure that we learn and benefit
from these tragic events so that we might be better prepared for future
challenges.
The amendment will provide GAO report that will: define a federal
disaster long-term recovery, define the stages of a long-term recovery,
and report on the competence and capacity of FEMA to manage 2 or more
major disasters of the magnitude exemplified--simultaneously.
Further, the GAO will report on lessons that may be applied to future
long-term disaster recovery efforts.
The GAO will also report on what existing authority granted to FEMA
to advise and make recommendations to the President regarding
Presidential Disaster Declarations which may be instructive regarding a
Presidential long-term recovery disaster declaration.
Another Jackson Lee Amendment to the Disaster Recovery Reform
component of the bill, but which was not made in order would have made
permanent the FEMA Office of Response and Recovery, which currently
exists but is not codified by law.
In 2017, starting on August 25, when Hurricane Harvey struck Texas,
on September 6,
[[Page H3715]]
when Hurricane Irma lashed the U.S. Virgin Islands, on September 9,
when Hurricane Jose smashed into Puerto Rico, and Hurricane Irma moved
over the Florida Keys, and on September 20, when Hurricane Maria took
aim at Puerto Rico; FEMA had to respond to each disaster and engage in
sustained recovery efforts that will in the cases of Texas and Puerto
Rico last for years.
Hurricane Harvey broke a rainfall record for a single tropical storm
with more than 4 feet of rain.
Puerto Rico is still mired in attempting to recover from the longest
blackout in U.S. history after Hurricane Maria struck many months ago.
More than 1,000 are estimated to have died in Puerto Rico due to
Hurricane Maria and its aftermath.
Following the hurricanes came California's most destructive and
largest wildfire season ever.
The Tubbs Fire in Northern California killed 22 people and damaged
more than 5,600 structures.
Last year was also the third-hottest year on record.
San Francisco reported its highest temperature ever, 106 degrees
Fahrenheit, while other parts of the country set records for high-
temperature streaks.
For states like Arizona and South Carolina, 2017 was the warmest year
ever.
14 places across Oklahoma, Missouri, and Arkansas reported record-
high water levels during floods in April and May.
In 2017, requests for federal disaster aid jumped tenfold compared to
2016, with 4.7 million people registering with the Federal Emergency
Management Agency.
Last year will go down in the record books for many reasons,
destructive hurricanes, wildfires, mudslides, and droughts struck
leaving death and destruction.
Every place in this nation has one or more vulnerability to floods,
damaging storms, wildfires, earthquakes, volcanic activity, or earth
movement--such as mudslides.
FEMA is the nation's premier organization that must respond to
catastrophes at a moment's notice.
This Jackson Lee Amendment will allow Congress to develop better
situational awareness on FEMA's role in disaster response especially
when there may be multiple disasters putting demand on limited agency
resources that require long-term recovery planning.
Thank you for this opportunity to explain my amendment and I ask for
bipartisan support for this Jackson Lee Amendment included in En Bloc
Four.
Mr. THOMPSON of California. Mr. Chair, I rise in support of my
amendment which helps to ensure that communities ravaged by wildfires,
including the recent October fires, get the help they need to recover.
Last year, we saw the worst fire season in California history. The
October fires alone included 21 major fires that were fought by 11,000
firefighters burning nearly 245,000 acres. Those fires forced 100,000
people to evacuate and destroyed 8,900 homes and structures.
Tragically, 44 people lost their lives.
The City of Santa Rosa is located in my district and was hit
especially hard by the October fires with over 3,000 homes and
businesses destroyed. In the Fountaingrove neighborhood, north of
downtown, the contamination in the water system that resulted directly
from the fire melting the plastic water lines and appurtenances
servicing 350 homes, must be replaced due to ongoing contamination of
benzene, a toxic organic chemical.
As our communities move forward on the long road to recovery, we are
finding that the needs of suburban and urban communities impacted by
devastating wildfires don't always fit neatly into some of FEMA's
current rules and regulations, which seem geared towards hurricane and
flooding response and mitigation.
Issues as simple as whether or not FEMA should cover the costs of
removing standing burned trees or replacing water systems, like the one
in Fountaingrove that was contaminated as a result of the October
fires, are not so simple.
My amendment provides FEMA with the capability and authority to
mitigate these issues by explicitly stating that FEMA hazard mitigation
funding can be used to remove standing, burned trees and replacing
water systems damaged and/or contaminated by wildfires.
I appreciate House leadership working with my office to include this
amendment in the en bloc so that we advance this issue and I look
forward to continuing to work with them to ensure that my district's
fire recovery needs are being met.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Pennsylvania (Mr. Shuster).
The en bloc amendments were agreed to.
Amendment No. 104 Offered by Mr. Graves of Louisiana
The Acting CHAIR. It is now in order to consider amendment No. 104
printed in part A of House Report 115-650.
Mr. GRAVES of Louisiana. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 294, strike lines 5 through 8, and insert the
following:
SEC. 618. RIGHT OF ARBITRATION.
Section 423 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189a) is amended by
adding at the end the following:
``(d) Right of Arbitration.--
``(1) In general.--Notwithstanding this section, an
applicant for assistance under this title may request
arbitration to dispute the eligibility for assistance or
repayment of assistance provided for a project of more than
$100,000 for any disaster that occurred after January 1,
2016. Such arbitration shall be conducted de novo by the
Civilian Board of Contract Appeals and the decision of such
Board shall be binding.
``(2) Eligibility.--To participate in arbitration under
this subsection, an applicant--
``(A) shall submit the dispute to the arbitration process
established under the authority granted under section 601 of
Public Law 111-5; and
``(B) may submit a request for arbitration in lieu of an
appeal under subsection (a) at any time before the
Administrator of FEMA has issued a final agency
determination.''.
The Acting CHAIR. Pursuant to House Resolution 839, the gentleman
from Louisiana (Mr. Graves) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. GRAVES of Louisiana. Mr. Chairman, in the aftermath of disasters,
billions and billions of dollars in claims are often worked out between
local governments, State governments, and FEMA.
In many cases, because disasters are inherently unpredictable,
volatile, and folks are doing what they need to do to help their
communities recover and address these urgent needs, in some cases, not
every i is dotted, not every t is crossed. These minor issues often
become obstacles to these communities being reimbursed and their
ability to recover.
FEMA has an appeals process, Mr. Chairman. In that appeals process,
you basically have FEMA reviewing FEMA. I don't think that that is the
appropriate approach.
Section 618 of the underlying bill has an arbitration process, but
that arbitration process has other Homeland Security officials
reviewing the work of Homeland Security.
There was a better model that was used after the 2005 disasters
whereby an outside board that exists, the Civilian Board of Contract
Appeals, which is an independent body, was brought in to help review
some of these appeals that local and State governments brought forth to
the Corps of Engineers.
{time} 0915
It was a better approach. It provided for more thorough evaluation
and, again, the independence of having an outside entity review this.
Our amendment simply improves upon the existing arbitration process in
section 618 of the bill.
I thank the chairman and the ranking member for their work on this
legislation. I think it is very important, and I urge adoption of the
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
Obviously, the gentleman has had significant experience with these
problems in his part of the world that I think are somewhat unique, and
I can also understand we want to expedite the review of people's
claims. The major concerns we have are, one, that it appears, under the
wording, that there would be no timeframe. So 20, 30 years after a
disaster, someone could come in and file for arbitration. And secondly,
by lowering the cost to any project that is $100,000, we have no idea
what the scope of that would be or how many appeals that might
generate. But I think the general idea about using the Civilian Board
of Contract Appeals does have merit to expedite citizens' claims
against the government agency.
[[Page H3716]]
Mr. Chairman, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Cartwright).
Mr. CARTWRIGHT. Mr. Chairman, I thank the ranking member, and I would
like to thank the committee also for including the PREPARE Act in the
en bloc package. I would also like to thank Congressman Lance for being
my partner on the PREPARE Act for the past two Congresses and
Congressmen Webster, Sanford, and Meadows for being cosponsors and
supporters of my amendment, the PREPARE Act. I would also like to thank
the over 50 outside organizations, companies, and think tanks that have
supported the PREPARE Act. Finally, I thank Chairman Shuster and
Congressman Gowdy for passing the PREPARE Act out of the T&I and OGR
committees, respectively.
Extreme weather is expensive. Last year the public and private sector
saw a combined $300 billion in damages from major extreme weather
events. Congress had to spend an extra $120 billion in disaster
supplemental appropriations so we could get our disaster-ravaged
communities back on their feet. And from our infrastructure to our
defense, our public buildings to our supply chains, the Federal
Government itself has an enormous amount of assets that are vulnerable
to extreme weather events.
I have been working for 5 years to build upon commonsense GAO
recommendations to help our Federal Government and our Nation better
prepare for extreme weather events. This amendment will save lives and
will save money by helping get our government coordinated, improve
planning, and facilitate a better working relationship with State and
local officials.
We know extreme weather events are happening more frequently, and
they are causing more damage. We owe our citizens better planning,
better engagement, and a better response. In passing the PREPARE Act,
the House of Representatives is taking a responsible, important step in
that direction.
I thank the gentleman again for including this amendment in the en
bloc package.
Mr. GRAVES of Louisiana. Mr. Chairman, I yield myself such time as I
may consume.
I just want to make note that I do appreciate my friend from Oregon's
comments, and I appreciate his sensitivity to timelines. But that is
what this amendment addresses: timelines. In many cases, our local
government simply cannot continue to carry these debts and not get
reimbursed.
In regard to the amount of money, perhaps $100,000 is not a lot of
money to the city of Portland, but I am going to guess to the city of
Coos Bay it may be important.
In regard to the details of the amendment, Mr. Chairman, I am from
Louisiana. If the gentleman from Oregon can help us make this even
better, then I would be happy to work with him on that. But I think
this is very, very important. Access to due process is important. The
existing process does not allow supplemental material to be considered
to respond to concerns that were raised by agency officials. This is a
good model. It has proven effective in the past, and I urge its
adoption.
Mr. Chairman, I yield back the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I yield myself the remainder of my time.
I will say to the gentleman that my staff tells me they did contact
his staff, they did express concerns. They said: Thank you for your
concerns. And then, next thing we knew, the amendments were filed. And
then she still said: We'd be happy to work with you. And we get no
response.
I think there may be kind of a staff issue going on here. Again, I
have some concerns about, particularly, the unlimited time to apply and
other details, perhaps.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Graves).
The amendment was agreed to.
Amendment No. 107 Offered by Mr. Graves of Louisiana
The Acting CHAIR. It is now in order to consider amendment No. 107
printed in part A of House Report 115-650.
Mr. GRAVES of Louisiana. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title VI, insert the following:
SEC. 6__. REIMBURSEMENT.
The Federal Emergency Management Agency (FEMA) shall
retroactively reimburse State and local units of government
(for a period of 3 years after the declaration of a major
disaster under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170)) upon
determination that a locally-implemented housing solution,
implemented by State or local units of government, costs 50
percent of comparable FEMA solution or whatever the locally-
implemented solution costs, whichever is lower.
The Acting CHAIR. Pursuant to House Resolution 839, the gentleman
from Louisiana (Mr. Graves) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. GRAVES of Louisiana. Mr. Chairman, this amendment, once again, is
a bipartisan amendment. My good friends Congressman Cedric Richmond,
Congressman Gene Green, Congressman Ralph Abraham, Congressman Clay
Higgins, and Congressman Brian Babin are all supporters of this
amendment.
Mr. Chairman, this is a very simple amendment. Following our August
2016 floods in south Louisiana, FEMA came in and provided housing
solutions. The solutions included the utilization of trailers. Because
FEMA needs an acronym for everything, they were called MHUs, mobile
housing units. When you added up the cost to purchase, transport,
store, and set up these things, FEMA was in the hole anywhere from
$120,000 to $170,000 per pop.
Mr. Chairman, you could buy these same units right there in the
vicinity of the flood from local trailer dealers for anywhere from
$28,000 to I think the highest cost we saw was about $40,000, including
setup. It doesn't take a rocket scientist, Mr. Chairman, to realize
that you could get it faster and you are helping to revive the local
economy by using local solutions, as opposed to the case when FEMA is
doing this, when it took months and months and months to give people
even a single housing option in some cases.
So what this amendment does is it simply says that, if a local
entity, a local government entity, if a State entity, can provide a
housing solution for 50 percent of the cost, or less, as compared to
the alternative that FEMA provides, then they can be reimbursed. Mr.
Chairman, this is faster. It saves taxpayer dollars. It stops this
fleecing of American taxpayers that is occurring in the aftermath of
disasters.
Specifically, Mr. Chairman, in Livingston Parish, Sheriff Jason Ard:
his deputies were flooded. Literally, families didn't have anywhere to
go. They had looting in the parish. The sheriff stepped up, established
mobile housing units, trailers, for his deputies to live in so they
didn't have to worry about their families anymore, so they could get
back to doing what they were supposed to be doing: enforcing law in
these destroyed communities. And FEMA is rejecting them.
We have tried to work through the administrative process. I will say
it again: the only way they are reimbursed is if the cost of their
solution was 50 percent or less than that of the Federal Government
alternative, in regard to the mobile housing units.
Mr. Chairman, I urge adoption of the amendment, and I reserve the
balance of my time.
Mr. DeFAZIO. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
Again, as I look at the drafting--and, again, my staff says they did
reach out to your staff--I am confused when you get to the 50 percent
part, whether it would have to be exactly 50 percent or otherwise. I
agree, and I think that it would be good to push for more flexibility.
For instance, I have a manufacturer of yurts in my district which are
used in many places around the world as temporary housing. The military
uses them, and others. I was approached by someone representing Airbnb
about vacant houses they had, vacation homes in Puerto Rico, that could
have been
[[Page H3717]]
used when they were saying there was absolutely no housing for any
emergency workers anywhere. And certainly there could be lower cost
alternatives.
I still remember when FEMA, I think it was under the Bush
administration, bought a bunch of trailers that couldn't be used
because they had some of that crappy Chinese formaldehyde-exuding
wallboard in them, and they were not habitable. We are still importing
that junk from China, by the way. So I agree they could be much more
flexible.
I think this amendment, again, as written, is problematic, but I
certainly agree with the intent of the amendment to look at other lower
cost alternatives. However, they should meet at least some minimal
standards for sanitary facilities and other things. So I, again, have
concerns about the drafting.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Texas (Ms.
Jackson Lee).
Ms. JACKSON LEE. Mr. Chairman, I thank the distinguished ranking
member and the manager of this fourth en bloc and rise to support the
Jackson Lee amendment that has been included in the en bloc
legislation. And I am thankful to Mr. DeFazio and the chairman for
that.
My amendment, made in order, deals with a GAO report of 240 days
following any disaster, a long-term recovery efforts plan. These
disasters are examples of the most challenging and catastrophic events
in our Nation.
And I am reminded of August 2018 in Houston, Texas. Hurricane Harvey
has been defined as the singular most catastrophic incident and natural
disaster in the continental United States. We are still suffering.
People are still in hotels, still without their homes. So to the list
of long-term recovery experiences, this GAO study would have us learn a
lot. We need to learn from our past to do better to secure our future.
This GAO report would define the Federal disaster long-term recovery,
define the stages of a long-term recovery, and report on the competence
and capacity of FEMA to manage two or more disasters of the magnitude
that happened at the same time.
I do want to take note of the fact that my amendment that did not
authorize the FEMA Office of Response and Recovery was not made in
order. I look forward to introducing legislation that would respond to
that.
I am also concerned that two amendments dealing with the endangered
species the Rules Committee did not make in order. In this time, I
believe it is time to stand up to protect our endangered species. One
of my amendments had to do with trophy products coming across
on international airways; and the other was, as airports are built--and
many are built in wetlands--for those who are building those airports
to collaborate with a number of agencies to address the question of
protecting the endangered species.
We live on this Earth with the wonderment of this Earth, and those
include our wonderful animals, many of them endangered. And I believe
the episode with Cecil the lion recognizes that we must protect our
endangered species. I would hope going forward I would have the
opportunity, at some time, to debate on the floor of the House the
value of protecting our endangered species.
Mr. GRAVES of Louisiana. Mr. Chairman, I am sure the gentlewoman from
Texas would be supportive of this, representing many of the flood
victims from Hurricane Harvey. It is important to keep in mind, Mr.
Chairman, that, in many cases, these flood victims don't have other
options. So you may have a trailer from your local trailer dealership;
you may have a tent. In many cases, that is very attractive compared to
being homeless.
I would love to work with the gentleman from Oregon and see if we can
work together to perfect this amendment to address any concerns that he
may have. In regard to the Chinese formaldehyde, I agree with you. If
we can get good old American formaldehyde in our trailers, let's do
that. I am kidding.
But I urge adoption of the amendment. I think this is very important.
We should be commending leaders like Sheriff Ard for stepping up and
providing efficient solutions for disaster survivors.
Mr. Chairman, I yield back the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.
I look forward to working with the gentleman. Just on the issue of
the formaldehyde: we have laws and standards in this country still,
despite Mr. Pruitt, that regulate the amount of formaldehyde that can
be put into plywood. I have many people in my district who make plywood
without using formaldehyde glues, and the Chinese put in massive
amounts of formaldehyde glue, do not meet our standards, but we don't
enforce or prohibit the importation, though we are about to file a case
on that issue to prohibit them poisoning the American people. So that
is another subject for another day.
Mr. Chairman, I yield back the balance of my time.
{time} 0930
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Graves).
The amendment was agreed to.
Amendment No. 108 Offered by Mr. Graves of Louisiana
The Acting CHAIR. It is now in order to consider amendment No. 108
printed in part A of House Report 115-650.
Mr. GRAVES of Louisiana. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title VI, insert the following:
SEC. 6__ FLOOD INSURANCE.
Section 406(d)(1) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(d)(1)) is
amended by adding at the end the following: ``This section
shall not apply to more than one building of a multi-
structure educational, law enforcement, correctional, fire,
or medical campus, effective January 1, 2016.''
The Acting CHAIR. Pursuant to House Resolution 839, the gentleman
from Louisiana (Mr. Graves) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. GRAVES of Louisiana. Mr. Chairman, first of all, I want to state,
in response to the formaldehyde issue, let me be very clear,
formaldehyde was a major issue after Hurricane Katrina in the trailers.
We certainly learned from that, and we absolutely don't need anyone
exposed to it.
So I absolutely agree with the gentleman on that. But I think there
have been better standards, and certainly lessons learned, from what we
experienced with Hurricane Katrina when folks were in these trailers
for long periods of time, and they weren't designed for that purpose,
so I do agree with the gentleman there.
But on this amendment, Mr. Chairman, let me be clear, this is, once
again, a bipartisan amendment. We have the gentleman from Louisiana
(Mr. Richmond), the gentleman from Louisiana (Mr. Higgins), the
gentleman from Louisiana (Mr. Abraham), the gentleman from Texas (Mr.
Al Green), the gentleman from Florida (Mr. Crist), and other
cosponsors, the gentleman from Texas (Mr. Babin), all supporting this
amendment because it is common sense and it responds to true on-the-
ground problems that were seen in the aftermath of disasters.
What happens is the current law in the Stafford Act says that any
time you have a flood, if you have a facility like a school, that FEMA
may deduct $500,000 from the recovery for rebuilding that school. Well,
what FEMA has done is they have taken the law that Congress established
where it said ``per facility,'' and they have taken it and they have
abused it. They have now determined that a facility is an individual
building.
So, Mr. Chairman, you may have a classroom building, you may have a
cafeteria, you may have another classroom building, you may have a
gymnasium, you may have a storage room, you may have a concession
stand--in that case, FEMA is applying $500,000 to each individual
building. Now, what adds insult to injury or makes this situation
untenable is the fact that these schools generate the revenue
oftentimes from property taxes in the destroyed community. So they are
losing property taxes, FEMA is hitting them with bills, in some cases,
in Ascension, Livingston, and East Baton Rouge Parishes, that are tens
of millions of dollars each. What this does is it victimizes the
survivors' children. So the kids
[[Page H3718]]
can't get back in schools because the schools can't afford to
reestablish their facilities.
So, look, bottom line is, this is all about preserving congressional
intent. Congress spoke on this. FEMA has trashed the interpretation,
and this is all about preserving congressional intent and getting our
kids back in schools to where they can have the education or
opportunities that they need to have, and they should no longer be
further victimized by FEMA's flawed interpretation of the law.
I urge adoption of the amendment, and I reserve the balance of my
time.
Mr. DeFAZIO. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. Mr. Chairman, I have to say, I have read the amendment,
and I can't quite follow it, my staff can't quite follow it, the
gentleman's staff couldn't quite explain it. The gentleman has
explained it in a way that this language may or may not reflect.
FEMA has said they don't understand it. They may well be doing
something regarding public facilities that is not following the intent
of the law, but again, I am not certain about this as the solution.
Mr. Chairman, I yield back the balance of my time.
Mr. GRAVES of Louisiana. Mr. Chairman, once again, I am more than
happy to work with my friend from Oregon to address any concerns that
he may have to ensure that we have the best solution on this moving
forward.
I will tell you that Republicans and Democrats in Florida, in Texas,
in Puerto Rico, in the Virgin Islands, all across these disaster areas
that we have experienced in the last 2 years are running into this
exact same problem.
And let me just reiterate, Mr. Chairman, what this interpretation,
this flawed interpretation is doing. It is putting an unaffordable bill
before a community that has been destroyed, and it is only victimizing
children because they can't get back in their schools, they can't
resume their education. It is disrupting the resumption of their normal
lives and just further affecting them, and delaying restoration and
recovery of these communities.
Mr. Chairman, I urge adoption of the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Graves).
The amendment was agreed to.
Amendment No. 110 Offered by Mr. Babin
The Acting CHAIR. It is now in order to consider amendment No. 110
printed in part A of House Report 115-650.
Mr. BABIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title VI, insert the following:
SEC. __. CERTAIN RECOUPMENT PROHIBITED.
(a) In General.--Notwithstanding any other provision of
law, the Federal Emergency Management Agency shall deem any
covered disaster assistance to have been properly procured,
provided, and utilized, and shall restore any funding of
covered disaster assistance previously provided but
subsequently withdrawn or deobligated.
(b) Covered Disaster Assistance Defined.--In this section,
the term ``covered disaster assistance'' means assistance--
(1) provided to a local government pursuant to section 403,
406, or 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173);
and
(2) with respect to which, the Inspector General of the
Department of Homeland Security has determined, after an
audit, that--
(A) the Federal Emergency Management Agency deployed to the
local government a Technical Assistance Contractor to review
field operations, provide eligibility advice, and assist with
day-to-day decisions;
(B) the Technical Assistance Contractor provided inaccurate
information to the local government; and
(C) the local government relied on the inaccurate
information to determine that relevant contracts were
eligible, reasonable, and reimbursable.
The Acting CHAIR. Pursuant to House Resolution 839, the gentleman
from Texas (Mr. Babin) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. BABIN. Mr. Chairman, this amendment has bipartisan support, the
support of my colleagues from Louisiana, who have also been hit hard by
hurricanes, Mr. Richmond and Mr. Graves, and I am from Texas.
Your word is your bond in the State of Texas, and I would hope that
everyone here in Congress or across this great country would want to
say the same thing about their own State. Credibility, trust, and
keeping your promise is always important, but especially in times of
disaster and crisis. And when Federal agencies like FEMA are called in
to help communities ravaged by a natural disaster, we should expect
nothing less.
Anyone who has ever experienced a federally declared disaster knows
that after ensuring the immediate health and safety needs of those who
are affected, the top priority is to get the hazardous and dangerous
storm damage cleaned up.
As long as tree limbs, trash, and other debris remain in the streets,
things cannot get back to normal, and they are a health and safety
hazard. Kids cannot go back to schools, restaurants and shops can't
open for business, the economy is at a standstill. And so when a FEMA
employee, like a technical assistance contractor, or TAC, lays out a
path for a mayor, a county judge, a county commissioner, or any other
State or local official to get the federally funded debris removal
process under way, they can and should be counted on to honor their
commitment and their responsibility.
My amendment will ensure that that will be the case by holding FEMA
accountable to the promises made and the contracts authorized by its
own employees. Under my amendment, if a local government entity can
show and the Department of Homeland Security Inspector General can
certify that a local government was acting at the direction and the
consultation of a FEMA technical assistance contractor regarding
disaster relief efforts, government bureaucrats here in Washington
cannot simply change their minds a few years down the road and decide
to foot the locals with the bill.
So while this amendment is certainly about fairness, equity, and
certainty for local governments, it is also about accountability for
Federal officials. FEMA officials will know that the advice and the
recommendations that they offer actually matter. Local officials will
rest assured knowing that the contracts and work that they are doing is
valid and reimbursable. This means getting disaster-damaged
municipalities up and running sooner, shortening the timeframe that
their citizens and businesses need Federal assistance, and save
taxpayer money.
I urge all of my colleagues to help ensure that our government can be
trusted to do what they say it will by supporting this bipartisan
amendment and the underlying bill.
Mr. Chairman, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR (Mr. Amodei). The gentleman from Oregon is
recognized for 5 minutes.
Mr. DeFAZIO. Mr. Chairman, I have in my district office something
called the ``casework staff.'' We do have disasters in Oregon,
particularly floods. And we have had instances, apparently like the one
that this legislation is trying to address, where we have gotten these
improper decisions reversed and my communities reimbursed, handled by
my casework staff.
Here, we are going to legislate. Now, apparently, there was a problem
in the gentleman's district. Too bad his casework staff didn't take
care of it. But the way this is written, here is the language:
``Notwithstanding any other provision of law, FEMA shall deem any
covered disaster assistance to have been properly procured, provided,
and utilized, and shall restore any funding of covered disaster
assistance previously provided but subsequently withdrawn or
deobligated.''
It isn't specific to the gentleman's problem. This would be any
community, anybody anywhere who might have legitimately misspent some
disaster assistance, gets it back. This is so global. We might as well
just not have a process to review disaster assistance and see whether
it was properly spent, because this says, if you have got it and you
spent it, that is all proper. I mean, it is deemed--deemed that every
expenditure is legitimate, even if the money was diverted somehow.
[[Page H3719]]
So, again, I am not certain who the other side is using for drafting
assistance, but I recommend leg counsel.
Mr. Chairman, I yield back the balance of my time.
Mr. BABIN. Mr. Chairman, I appreciate the gentleman from Oregon's
opinion, but, remember that this is an inspector general's. They have
to pass on this. This is not just a mistake. All the T's were crossed.
All the I's were dotted. The Babin amendment protects our communities
because it requires FEMA to keep its word.
Under current practice, a local community can follow all of the FEMA
rules and restore your community after a disaster, but then, years
later, FEMA can come back and say: Oops, we know we told you to do it
that way and we personally approved and reimbursed you for every bill
that you sent to FEMA; oh, but we did it wrong. We know that you did
exactly what we told you to do; however, we should have told you
something differently. Please pay us $3 million.
I think that this is not just pertinent to District 36 in the State
of Texas that was hit by a hurricane years ago. This is pertinent to
every district across this country that will be suffering from a
disaster sooner or later.
Anyone who has a FEMA disaster this year or next, will no doubt be
here on the floor in the future to offer this very same amendment.
Please join me today in passing our amendment, and let's make FEMA keep
its word.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Babin).
The amendment was agreed to.
Amendment No. 112 Offered by Mr. McClintock
The Acting CHAIR. It is now in order to consider amendment No. 112
printed in part A of House Report 115-650.
Mr. McCLINTOCK. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 451.
The Acting CHAIR. Pursuant to House Resolution 839, the gentleman
from California (Mr. McClintock) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. McCLINTOCK. Mr. Chairman, I have offered this amendment whenever
the opportunity presents itself because it tests whether there is any
program in the Federal budget that Congress can bear to cut.
Essential Air Service is perhaps the least essential program in the
entire government. It is a direct subsidy paid to airline companies to
fly empty and near empty planes from small airports to regional hubs
nearby. There was supposed to be a temporary program to allow local
communities and airports to readjust to airline deregulation in 1978.
Instead, it has grown to include 173 communities and a program that has
doubled in cost in the last decade.
I want to emphasize, this program has nothing to do with emergency
medical evacuations. It solely subsidizes regular scheduled commercial
service that is so seldom used that it cannot support itself.
And why can't it support itself? In many cases, the small airports in
the program are less than an hour's drive from regional airports.
Essential Air Service flights are flown out of Merced Airport near my
district in the Sierra Nevada of California; yet, Merced is less than
an hour's drive from Fresno Regional Airport, offering regular
scheduled commercial air service.
Subsidized service is available from Lancaster, Pennsylvania, just 31
miles from Harrisburg International Airport. Subsidized flights from
Pueblo, Colorado, are just a 45-minute drive from Colorado Springs
Regional Airport, and I could go on and on.
There are supposed to be subsidy caps of $200 per passenger and a
minimum of 10 passengers per day, and yet, every request to waive these
requirements has been granted--every one--for passenger subsidies that
can go as high as nearly $1,000 per passenger. Now, by comparison, you
can charter a small plane for around $150 to $200 an hour.
{time} 0945
Over the next 5 years, this program will cost taxpayers nearly $1
billion in direct appropriations, which this amendment would cease. The
program also gets another $100 million a year from overflight fees that
would otherwise be available to fund high priorities in the aviation
system, like 21st century air traffic control technology.
The argument for abolishing this program is simple: if a route cannot
generate enough passengers to support its costs, that means that
passengers themselves are telling us that it is not worth the money to
them.
Perhaps we should listen.
Our country is drowning in debt. It now costs us $475 billion a year
just to pay interest costs on the $21 trillion that we have already
borrowed. Debt and taxes are driven by one thing: spending.
In the last 10 years, inflation and population combined have grown 26
percent. Revenues have more than kept pace, growing 29 percent in the
same period; but spending has grown 46 percent, and it has doubled
under this program. If we don't get control of spending soon, our
Nation could enter a debt spiral that threatens our very future; and
the Orwellian-named Essential Air Service is a prime example of
nonessential programs that we just can't afford.
Mr. Chairman, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. Mr. Chairman, as the gentleman pointed out, Essential
Air Service, to ensure that all Americans have access to something that
is critical to economic development and, basically, livability for many
smaller isolated communities, is paid for out of the trust fund. The
trust fund is composed of fees paid by the airlines, by passengers, and
by foreign airlines overflying the United States of America.
This doesn't add to the debt, unlike this tax bill we passed. I know
that the six largest banks in America saw a $4 billion windfall in tax
cuts in one-quarter. It is projected they will have a $20 billion
windfall by the end of the year.
We are going to borrow $20 billion to give to profitable banks,
including Wells Fargo, that just paid a $1 billion fine. Now they are
getting the money back because we gave them a tax break.
But he is concerned about the debt and the deficit, so we have got to
screw the small communities in America and take away their air service.
I think there are better ways to deal with our debt and deficit, and
this doesn't add to it because it is paid for out of the trust fund.
Mr. Chairman, I yield 1 minute to the gentleman from Pennsylvania
(Mr. Shuster), the chairman of the committee.
Mr. SHUSTER. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I appreciate the gentleman's attempts and work to try
to decrease the deficits and the debt in this country, but Essential
Air Service is just that. He named a few communities, and they are
close to--I guess I can't make a great argument about those, but there
are places like Alaska, Nebraska, North Dakota, South Dakota, Montana,
or Iowa. These folks are living miles and miles, hours and hours away--
several hours, in many cases--from the nearest airport. As Mr. DeFazio
pointed out, this connects those communities for economic development.
The other thing, he makes a point, as a conservative, when you pay
user fees into a trust fund and it goes to that intended purpose--in
this case, a small piece of that goes to Essential Air Service--that is
what we should be doing in America: people that use something are
contributing to that service or whatever that government agency is
providing them.
Again, under the bill, in 2012, we put reforms in to reform Essential
Air Service; and, this bill, the underlying bill, directs the GAO to
study and find out the effects of those reforms.
So, again, while I support and applaud the gentleman's efforts to
help get the debt under control, this is not the place to start.
Mr. Chairman, I urge rejection of this amendment.
[[Page H3720]]
Mr. DeFAZIO. Mr. Chairman, I yield 1 minute to the gentleman from
Arizona (Mr. O'Halleran).
Mr. O'HALLERAN. Mr. Chairman, I strongly oppose this amendment.
I am acutely attuned to concerns about fiscal responsibility. While
Congress has struggled with fiscal concerns, the consistent attacks on
the critical EAS program demonstrate a complete lack of concern for the
realities of life across rural America.
Supporters of this amendment claim that, in many cases, an
alternative airport is a short drive away. This incorrectly assumes
that point-to-point miles on a map are the same as road miles.
The truth is that EAS is a vital economic engine that remains just as
important today as when it was created. It supports economic
development in small and rural communities by connecting businesses to
larger markets.
Page, Arizona, in my district, is just one example of the need for
this type of critical infrastructure. The challenges are real, but so
is the promise in Page. Taking away vital EAS dollars at a time when
Page and places like it all over the country are trying to attract
business and capital would be devastating and undermine the critical
work being done.
Let's work to support these communities, not exasperate the stark
economic disparities in rural America. Mr. Chairman, I urge my
colleagues to reject this shortsighted amendment.
Mr. McCLINTOCK. Mr. Chairman, three points:
First, these amendments don't cut the fee support, only the $1
billion in direct taxpayer subsidies that would be paid into this
program over the next 5 years. Under the so-called reforms referenced
by the chairman, this program has doubled in cost over the past
decade, and all Americans do not benefit from this program.
Let's take the remote communities, like those in Alaska. This program
subsidizes 61 small communities in a State with 259 airports. That
means there are roughly 200 airports and 350 local communities in
Alaska, alone, that seem to do just fine without Essential Air Service.
If Alaska or any State believes that air service should be subsidized
within their State, they certainly have the ability to do it
themselves. So do individual towns. The States choose not to pay for
the service; the local communities choose not to pay for the service;
and, most importantly, the passengers, themselves, choose not to pay
the actual cost of the service. Perhaps as we approach $1 trillion
annual deficit, we should consider choosing not to pay for it either.
We hear that it helps prop up small airports and small airlines that
service them. Well, sure, if you hand somebody wads of cash, that
person does very well. The problem is that the people you took that
cash from do very poorly to exactly the same extent.
A $275 million program out of a $4 trillion Federal budget seems like
a drop in the bucket, and I agree we are not going to balance a $1
trillion annual deficit just by cutting programs like this. But if we
can't cut a 40-year-old temporary program that has doubled in cost over
the last 10 years--this is the kindest and easiest cut of all--then I
fear that we will never summon the courage to get our budget back to
balance before we bankrupt our country.
Mr. Chairman, I yield back the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I yield the balance of my time to the
gentleman from Pennsylvania (Mr. Thompson).
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I thank the ranking
member for yielding.
Mr. Chairman, I rise in opposition to this amendment.
We have been down this road before, and yet, again, we are witnessing
attempts to remove rural America's connectivity to the national air
transportation system. Those who would look to scrap the Essential Air
Service program often fail to acknowledge reforms that have been put in
place to modernize and streamline the program. This reauthorization
does the same.
Mr. Chairman, for too long, rural America has received the scraps of
our suburban and urban counterparts. Last year, the Airport Improvement
Program, another program, not the Essential Air Service, issued more
than $264 million in grants to 95 airports in 31 States.
Among them, $2 million was issued for Sacramento International
Airport in Sacramento, California, to purchase five zero-emission
electric shuttle buses to take passengers between the airport parking
lots and the terminal buildings. Mr. Chairman, these types of projects
are nice, but the fact is that $2 million is about equal to the amount
a small rural airport requires for commercial service for 2 years.
Let's get serious here. Striking the Essential Air Service program is
bad for rural America. It is time to stop the witch hunt on rural
America.
Mr. Chairman, I urge my colleagues to vote against this amendment.
Mr. DeFAZIO. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. McClintock).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. McCLINTOCK. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 114 Offered by Mr. Duncan of Tennessee
The Acting CHAIR. It is now in order to consider amendment No. 114
printed in part A of House Report 115-650.
Mr. DUNCAN of Tennessee. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 267, after line 10, insert the following:
SEC. __. NATIONAL HIRING STANDARD OF CARE.
(a) In General.--An entity hiring a federally licensed
motor carrier shall be deemed to have made the selection of
the motor carrier in a reasonable and prudent manner if
before tendering a shipment, but not more than 45 days before
the pickup of the shipment by the hired motor carrier, that
entity verified that the motor carrier, at the time of such
verification--
(1) is registered with and authorized by the Federal Motor
Carrier Safety Administration to operate as a motor carrier
or household goods motor carrier, if applicable;
(2) has the minimum insurance coverage required by Federal
law; and
(3)(A) before the safety fitness determination regulations
are issued, does not have an unsatisfactory safety fitness
determination issued by the Federal Motor Carrier Safety
Administration in force at the time of such verification; or
(B) beginning on the date that revised safety fitness
determination regulations are implemented, does not have a
safety fitness rating issued by the Federal Motor Carrier
Safety Administration under such regulations that would place
a motor carrier out-of-service.
(b) Guidelines.--Not later than 30 days after the
implementation of the safety fitness determination referenced
in subsection (a)(3), the Secretary shall issue guidelines
that specifically outline how a motor carrier's operating
authority and registration number could be revoked and
subsequently placing them out-of-service.
The Acting CHAIR. Pursuant to House Resolution 839, the gentleman
from Tennessee (Mr. Duncan) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. DUNCAN of Tennessee. Mr. Chairman, this is a very simple
amendment to establish a national standard of care for hiring freight
shippers. This is purely and simply about highway safety, and
everything carried on planes, of course, goes to and from on our
highways.
Currently, there is no law that requires freight brokers or others to
have any sort of standard when hiring a carrier for a shipment. Under
this amendment, a broker or other entity would be deemed to have acted
in a reasonable and prudent manner if they made sure the carrier met
these three requirements:
One, authorization to operate by the Federal Motor Carrier Safety
Administration;
Two, the minimum insurance coverage required by Federal law; and
Three, that the carrier had no current Federal unsatisfactory safety
fitness determination.
This amendment does not prohibit or limit in any way any type of
lawsuit, and, in fact, a lawyer could show that a broker or a company
had acted in an
[[Page H3721]]
unreasonable manner if they did not comply with this hiring standard.
This amendment would actually help trial lawyers by giving them
stronger grounds to sue brokers who did not comply with this standard
and tried to get cheaper rates by using unsafe or uninsured carriers.
This amendment would also make it less likely that a person or a
company that hired a safe, legal motor carrier would be held liable for
an accident that happened through no fault of their own.
This amendment also will help make it far less likely that
unregistered, uninsured, unsafe freight carriers get any business in
this country in the future.
Mr. Chairman, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. Mr. Chairman, there is a problem here, and the problem
actually is the Department of Transportation. They launched a new
carrier monitoring system known as CSA to make data available, but they
have yet to establish a test and apply that data.
So even though the data is available, the Republicans have adopted
amendments--other Republicans who are here today--that prohibit DOT
from finalizing a safety fitness determination rule. So there is data
out there, but there is no bright line test.
The best relief that we could provide would be to force DOT, in the
very near future, to issue a safety fitness ruling as soon as possible
and also raise the minimum insurance requirement--$750,000, it has been
that since 1980. It doesn't cover much in a truck accident.
We want to have people be able to get legal recourse and
compensation, but we also don't want to give the brokers an impossible
task, which is what they have now: How do they choose someone who meets
the safety fitness requirements that the administration has yet to
promulgate and Congress is preventing them from promulgating?
Mr. Chairman, I yield such time as he may consume to the gentleman
from Pennsylvania (Mr. Cartwright).
Mr. CARTWRIGHT. Mr. Chairman, I thank the ranking member for
yielding.
Mr. Chairman, on June 1, 2011, Sal and Helen Sparich were sitting in
traffic in Tamaqua in northeastern Pennsylvania when, suddenly, without
warning, a loaded tractor-trailer rammed into them from behind, cutting
their car in half, killing Helen instantly and debilitating and giving
horrible, severe, grievous injuries to Sal Sparich. He ended up
spending the next 15 months in the hospital, and then he died. He left
$1 million in medical bills, which Medicare had to pay for.
What we know about this accident is that the driver of the tractor-
trailer had a horrible driving record. The company, the fly-by-night
independent contractor trucking company that he worked for, had an
insanely bad safety record, and it was one that anybody could have
discovered by going on the safety website because there were flashing
yellow icons next to the name of that company.
{time} 1000
But the broker and the shipper in this case didn't care, Mr. Chair.
They didn't check. They can't care about the safety record, about the
driving record. The only thing they checked was who had the lowest
price. The only thing they cared about was who had the lowest price.
Mr. Chair, we Americans care about personal responsibility and
accountability. It is something we teach our children.
This is an amendment that would take away accountability and
responsibility for the brokers and shippers.
This is a longstanding, time-honored part of American law that
brokers and shippers are responsible and accountable for picking safe
companies and safe drivers.
This amendment would take that away, it would make American roadways
much more dangerous because of this exact type of situation.
Mr. Chair, I oppose the amendment. I urge a ``no'' vote on it.
Mr. DeFAZIO. Mr. Chair, I yield the balance of my time to the
gentleman from Maryland (Mr. Raskin).
Mr. RASKIN. Mr. Chair, Americans really shouldn't care that much
about this Duncan amendment if they don't go on the highway; but if you
go on the highway, like hundreds of millions of Americans do, you
better watch out, because this amendment makes it far more likely that
there will be reckless and negligent truckers on the road and that you
won't be able to sue for your damages if they smash up your car.
Take the shocking case of a 19-year-old man whose car was totaled by
a truck driver who was high on crystal meth. He was left injured and
blinded for the rest of his life.
Now, the truck company never drug tested or road tested its
employees, but that didn't stop the shipper from hiring that trucking
company to do business with.
Now, the Duncan amendment would reward the shipper by immunizing it
from any liability for hiring a low-road trucker that doesn't drug test
its employees, or even knowingly hires employees who are high on
crystal meth or who have a drug problem.
This would give the shippers even greater incentive to hire reckless
and negligent truckers, making our roads and highways all the more
dangerous.
In ``Born to Run'', Bruce Springsteen talks about cars that are
suicide machines and a deathtrap.
Mr. Chair, this amendment would make that vision of our highways the
law.
There is no way that the American people support excusing shippers
from liability for their decision to hire low-road truckers, low-road
trucking companies that do not drug test or do background screening on
their employees.
Mr. DUNCAN of Tennessee. Mr. Chair, I yield such time as he may
consume to the gentleman from Pennsylvania (Mr. Shuster), the chairman
of the committee.
Mr. SHUSTER. Mr. Chair, I thank the gentleman for yielding.
Mr. Chair, I appreciate the gentleman's amendment. It does remove the
confusion with the industry stakeholders, but the hysteria that the
other side is proclaiming, that roadways are going to become a
slaughterhouse because if this goes away or it is clarified, truckers
are just going to be out there running into people left or right, I
mean, it is ridiculous.
It is not a good business model for any company to want to have an
incentive, which the other side has, I think, said, to hire unsafe
drivers. That is not a good business model. In fact, you will go out of
business, most likely, if you go out there and hire drivers who are bad
drivers, dangerous drivers. The facts don't bear that out.
Of the auto accidents that include trucks in it, over 75 percent of
them are not the trucker's fault, it is the person in the car's fault.
Truckers are professionals, and to have impugned this whole class of
people, this whole group of people that go out on these roadways and
work hard every day and try to do it as safely as they can, is just
plain wrong.
Again, as I said, truckers are professionals. Seventy-five percent of
those accidents that truckers are involved in, it is not their fault.
We continue to hype up and to put these things out there for, again,
another class of worker out there, and that is the trial lawyers. They
make millions and millions of dollars going out there and suing these
people that, again, do their best every day to try to be safe on the
roadways.
So, again, this is a sensible amendment, this clarifies it, and it
helps to make our roadways safer, not more dangerous.
Mr. Chair, I urge adoption, and I thank the gentleman again for
yielding.
Mr. DeFAZIO. Mr. Chair, I yield back the balance of my time.
Mr. DUNCAN of Tennessee. Mr. Chair, I will simply say this: neither
of the cases cited by the opposition would be stopped under this
amendment. In fact, this amendment would make it more likely that
freight brokers would be required to hire safe, insured carriers for
their shipments, so it would make the highways safer.
Mr. Chair, I urge support for my amendment. It is an amendment about
fairness and justice, because all lawyers--I was a plaintiff's lawyer
before I came to Congress, and I have supported
[[Page H3722]]
the trial lawyers in every way possible in my 30 years here, but I can
tell you, no lawyers want people sued who have done nothing whatsoever
wrong in a case.
Mr. Chair, I urge passage of this amendment, and I yield back the
balance of my time.
The Acting CHAIR (Mr. Bacon). The question is on the amendment
offered by the gentleman from Tennessee (Mr. Duncan).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. DeFAZIO. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Tennessee
will be postponed.
The Chair understands that amendment No. 115 will not be offered.
Mr. SHUSTER. Mr. Chair, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Duncan of Tennessee) having assumed the chair, Mr. Bacon, Acting Chair
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R. 4)
to reauthorize programs of the Federal Aviation Administration, and for
other purposes, had come to no resolution thereon.
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