[Senate Report 113-250]
[From the U.S. Government Publishing Office]
113th Congress Report
SENATE
2d Session 113-250
_______________________________________________________________________
Calendar No. 553
EMERGENCY INFORMATION IMPROVEMENT ACT OF 2014
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2665
TO AMEND THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT TO PROVIDE ELIGIBILITY FOR BROADCASTING FACILITIES TO
RECEIVE CERTAIN DISASTER ASSISTANCE, AND FOR OTHER PURPOSES
September 8, 2014.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
THOMAS R. CARPER, Delaware, Chairman
CARL LEVIN, Michigan TOM COBURN, Oklahoma
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio
JON TESTER, Montana RAND PAUL, Kentucky
MARK BEGICH, Alaska MICHAEL B. ENZI, Wyoming
TAMMY BALDWIN, Wisconsin KELLY AYOTTE, New Hampshire
HEIDI HEITKAMP, North Dakota
Gabrielle A. Batkin, Staff Director
John P. Kilvington, Deputy Staff Director
Mary Beth Schultz, Chief Counsel
Jason T. Barnosky, Senior Professional Staff Member
Alexa E. Noruk, Professional Staff Member, Subcommittee on Emergency
Management, Intergovernmental Relations, and the District of Columbia
Keith B. Ashdown, Minority Staff Director
Christopher J. Barkley, Minority Deputy Staff Director
Andrew C. Dockham, Minority Chief Counsel
Daniel P. Lips, Minority Director of Homeland Security
Laura W. Kilbride, Chief Clerk
Calendar No. 553
113th Congress Report
SENATE
2d Session 113-250
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EMERGENCY INFORMATION IMPROVEMENT ACT OF 2014
_______
September 8, 2014.--Ordered to be printed
_______
Mr. Carper, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2665]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2665), to amend the
Robert T. Stafford Disaster Relief and Emergency Assistance to
provide eligibility for broadcasting facilities to receive
certain disaster assistance, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................3
VII. Changes in Existing Law Made by the Bill, as Reported............4
I. Purpose and Summary
The purpose of S. 2665 is to make clear that the Federal
Emergency Management Agency may include private nonprofit
broadcasters among the organizations to whom it gives money
after disasters. Current disaster relief law authorizes
assistance to nonprofits that provide critical services to
their communities, but it does not specifically identify
nonprofit broadcasters as eligible, creating some potential
ambiguity.
II. Background and Need for the Legislation
The Federal Emergency Management Agency (FEMA) provides
disaster assistance to state, tribal, and local governments as
well as to certain types of private nonprofit organizations
through the Public Assistance Grant Program, which is
authorized by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (the Stafford Act).\1\ The Stafford
Act currently states that public assistance funding may go to
nonprofits that provide critical services, such as power,
water, communications, and education.\2\ This program helps
eligible governments and organizations cover the costs of
debris removal; emergency protective measures, such as
emergency demolition, emergency repairs, and the removal of
health and safety hazards; and the repair, replacement, or
restoration of publicly owned facilities\3\ as well as
facilities owned by eligible private nonprofit organizations
damaged in a disaster.\4\
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\1\Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended, sections 406 and 407 (42 U.S.C. Sec. 5172 and Sec. 5173).
\2\Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended, section 406 (a)(3) (42 U.S.C. Sec. 5172).
\3\44 CFR Sec. 206.221 defines ``public facility'' as ``the
following facilities owned by a State or local government: any flood
control, navigation, irrigation, reclamation, public power, sewage
treatment and collection, water supply and distribution, watershed
development, or airport facility; any non-Federal aid, street, road, or
highway; and any other public building, structure, or system, including
those used for educational, recreational, or cultural purposes; or any
park.''
\4\Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended, sections 406 and 407 (42 U.S.C. Sec. 5172 and Sec. 5173).
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S. 2665 makes clear that nonprofit broadcasters are
eligible for FEMA's public assistance funding--specifically
funding for the repair, replacement, or restoration of their
facilities. Broadcast facilities can suffer extensive damage
during major disasters. Hurricane Katrina, for example,
severely damaged broadcasting infrastructure in the Gulf Coast
region, including 50 percent of area radio stations and 44
percent of area television stations.\5\ Given the role that
broadcasters play in disseminating information, it is important
that their facilities be repaired as quickly as possible.
---------------------------------------------------------------------------
\5\The White House, The Federal Response to Hurricane Katrina:
Lessons Learned (February 2006) 55.
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While nonprofit broadcasters currently meet the statutory
criteria for eligibility for this assistance, the law does not
specifically identify them as such. In order to eliminate any
ambiguity and the potential for delayed assistance, S. 2665
amends the Stafford Act to specifically list nonprofit
broadcasters as among the entities that are eligible for this
assistance.
III. Legislative History
On July 24, 2014, Senator Begich introduced S. 2665, which
was referred to the Senate Committee on Homeland Security and
Governmental Affairs. The Committee considered S. 2665 at a
business meeting on July 30, 2014, and it ordered the bill
reported favorably by voice vote. The members present for the
vote were Senators Carper, Levin, Landrieu, McCaskill, Begich,
Baldwin, Coburn, Johnson, and Ayotte.
IV. Section-by-Section Analysis
Sec. 1. Short title
This Act may be cited as the ``Emergency Information
Improvement Act of 2014.''
Sec. 2. Eligibility of broadcasting facilities for certain disaster
assistance
This section amends the definition of Private Nonprofit
Facilities under Section 102(11)(B) of the Robert T. Stafford
Act (42 U.S.C. Sec. 5122(11)(B)) to include broadcasting
facilities as eligible applicants for post-disaster assistance.
This section also amends the definition of critical services
under Section 406(a)(3)(B) of the Robert T. Stafford Act (42
U.S.C. Sec. 5172(a)(3)(B)) to include broadcast and
telecommunications services.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of Rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rule. The Committee agrees with the Congressional Budget
Office's statement that the bill contains no intergovernmental
or private sector-mandates as defined in the Unfunded Mandates
Reform Act (UMRA) and would impose no costs on state, local, or
tribal governments.
VI. Congressional Budget Office Cost Estimate
August 21, 2014.
Hon. Tom Carper,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2665, the Emergency
Information Improvement Act of 2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2665--Emergency Information Improvement Act of 2014
S. 2665 would codify an existing policy allowing
broadcasting facilities to be eligible for certain government
assistance following a disaster. CBO estimates that
implementing this legislation would have no cost. Enacting S.
2665 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
Under current law, private nonprofit facilities are
eligible to receive grants from the Federal Emergency
Management Agency (FEMA) for damages incurred during a disaster
if the facility provides critical public services or is
ineligible for a Small Business Administration loan. According
to information from FEMA, broadcasting facilities are eligible
for such assistance under current agency policy. S. 2665 would
explicitly list broadcasting facilities as an eligible provider
of critical services in statute. But because there would be no
change to current eligibility, CBO estimates that implementing
S. 2665 would have no federal cost.
S. 2665 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Daniel Hoople.
The estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 2445 as reported are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 68--DISASTER RELIEF
SEC. 5122
As used in this Act--
(1) * * *
(2) * * *
(3) * * *
(4) * * *
(5) * * *
(6) * * *
(7) * * *
(8) * * *
(9) * * *
(10) * * *
(11) Private nonprofit facility.--
(A) In general.--The term ``private nonprofit
facility'' means private nonprofit educational,
utility, irrigation, emergency, medical,
rehabilitational, and temporary or permanent
custodial care facilities (including those for
the aged and disabled) and facilities on Indian
reservations, as defined by the President.
(B) Additional facilities.--In addition to
the facilities described in subparagraph (A),
the term ``private nonprofit facility''
includes any private nonprofit facility that
provides essential services of a governmental
nature to the general public (including
museums, zoos, performing arts facilities,
community arts centers, libraries, homeless
shelters, senior citizen centers,
rehabilitation facilities, shelter workshops,
broadcasting facilities, and facilities that
provide health and safety services of a
governmental nature), as defined by the
President.
SEC. 5172
(a) Contribution.--
(1) * * *
(2) * * *
(3) Conditions for assistance to private nonprofit
facilities.--
(A) In general.--The President may make
contributions to a private nonprofit facility
under paragraph (1)(B) only if--
(i) the facility provides critical
services (as defined by the President)
in the event of a major disaster; or
(ii) the owner or operator of the
facility--
(I) has applied for a
disaster loan under section
636(b) of title 15; and
(II) (aa) has been determined
to be ineligible for such a
loan; or
(bb) has obtained such a loan
in the maximum amount for which
the Small Business
Administration determines the
facility is eligible.
(B) Definition of critical services.--In this
paragraph, the term ``critical services''
includes power, water (including water provided
by an irrigation organization or facility),
sewer, wastewater treatment, [communications,]
communications (including broadcast and
telecommunications), education, and emergency
medical care.