[House Report 115-99]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-99
======================================================================
DISASTER DECLARATION IMPROVEMENT ACT
_______
April 28, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1665]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1665) to ensure that Administrator
of the Federal Emergency Management Agency considers severe
local impact in making a recommendation to the President for a
major disaster declaration, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Legislative History and Consideration............................ 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 6
Advisory of Earmarks............................................. 7
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Federal Mandate Statement........................................ 7
Preemption Clarification......................................... 7
Advisory Committee Statement..................................... 7
Applicability of Legislative Branch.............................. 7
Section-by-Section Analysis of Legislation....................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Declaration Improvement
Act''.
SEC. 2. LOCAL IMPACT.
In making recommendations to the President regarding a major disaster
declaration, the Administrator of the Federal Emergency Management
Agency shall give greater weight and consideration to severe local
impact or recent multiple disasters. Further, the Administrator shall
make corresponding adjustments to the Agency's policies and regulations
regarding such consideration. Not later than 1 year after the date of
enactment of this section, the Administrator shall report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on the changes made to regulations and policies
and the number of declarations that have been declared based on the new
criteria.
PURPOSE OF LEGISLATION
H.R. 1665, as amended, ensures the Administrator of the
Federal Emergency Management Agency considers severe local
impact in making a recommendation to the President for a major
disaster declaration.
BACKGROUND AND NEED FOR LEGISLATION
Federal Emergency Management Agency: History
The Federal Emergency Management Agency (FEMA) was
established in 1979 by Executive Order 12148 by President Jimmy
Carter in response to a number of massive disasters in the
1960s and 1970s. As a result of states trying to manage these
disasters, the National Governors Association and others made a
proposal to streamline and cut the number of agencies states
were required to work with following a disaster. Prior to the
creation of FEMA, the federal government's emergency response
mechanisms were scattered among many agencies throughout
government. The creation of FEMA helped to centralize these
authorities and the coordination of the federal government's
response to a disaster. The Disaster Relief Act of 1974 (P.L.
93-288), which constituted the statutory authority for most
federal disaster response activities, especially of FEMA, was
later amended by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, also known as the Stafford Act (P.L.
100-707).
Following more than two decades as an independent agency,
the Homeland Security Act of 2002 (P.L. 107-296) created the
Department of Homeland Security (DHS), placed FEMA within DHS,
and FEMA's functions were dispersed among various offices and
directorates within DHS. In 2006, following Hurricanes Katrina
and Rita and the intensive Congressional investigations and
oversight, Congress enacted the Post-Katrina Emergency
Management Reform Act of 2006 (PKEMRA, P.L. 109-295), which
addresses key response roles and authorities and put FEMA back
together again within DHS. PKEMRA authorized the National
Preparedness System and FEMA for the first time in legislation.
Most recently, Congress enacted the Sandy Recovery Improvement
Act (SRIA, P.L. 113-2), on January 29, 2013, in the wake of
Hurricane Sandy's impact to the East Coast. SRIA provided
additional authorities to expedite and streamline Hurricane
Sandy recovery efforts, reduce costs, and improve the
effectiveness of several disaster assistance programs
authorized by the Stafford Act.
The declaration process
All emergency and major disaster declarations are made
solely at the discretion of the President of the United States.
Section 401 of the Stafford Act, states in part that: ``All
requests for a declaration by the President that a major
disaster exists shall be made by the Governor of the affected
State.'' As a result of SRIA, federally recognized Indian
tribal governments now have the option of pursuing a
declaration directly from the President.
Federal disaster law restricts the use of arithmetical
formulas or other objective standards as the sole basis for
determining the need for federal supplemental aid. As a result,
FEMA assesses a number of factors to determine the severity,
magnitude, and impact of a disaster event. Primary factors
considered include:
Amount and type of damage (number of homes
destroyed or with major damage);
Impact on the infrastructure of the affected
areas or critical facilities;
Imminent threats to public health and
safety;
Impacts to essential government services and
functions;
Unique capability of Federal government;
Dispersion or concentration of damage;
Level of insurance coverage in place for
homeowners and public facilities;
Assistance available from other sources
(federal, State, local, voluntary organizations);
State and local resource commitments from
previous, undeclared events; and
Frequency of disaster events over recent
period of time.
Based on the Governor's request, the President may declare
that a major disaster or emergency exists, thus activating an
array of federal programs to assist in the response and
recovery effort.
When the President declares a major disaster or emergency,
the official declaration triggers certain federal response
authorities and financial disaster assistance. In particular,
when a declaration is made, the President is authorized to
direct any federal agency, with or without reimbursement, to
assist state and local governments and protect life and
property. FEMA isresponsible for coordinating federal agency
response and ensuring the necessary federal capabilities are deployed
at the appropriate place and time in support of state and local
response efforts. In addition, FEMA provides direct support and
financial assistance to states and local governments and individuals as
authorized under the Stafford Act.
Few disasters account for most costs
The Congressional Research Service (CRS) analyzed data from
over 1,300 major disasters since 1989, and adjusting for
inflation, found that FEMA obligated more than $178 billion for
these disasters.\1\ However, CRS also found that 25 percent of
all disasters account for over 92 percent of disaster costs.\2\
Therefore, the remaining 75 percent of smaller disasters
constitute less than eight percent of FEMA disaster spending.
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\1\CRS Memo Data Analysis for House Transportation and
Infrastructure Committee, January 14, 2015.
\2\Id.
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Localized impact and recent multiple disasters
In recent years, there has been more evidence of devastated
small and rural communities not receiving disaster assistance
in a fair and equitable manner compared to other, larger
communities and neighboring states.
For example, on November 17, 2013, 15 counties in Illinois
were hit by the fourth largest November tornado outbreak in the
history of the United States. The storm system produced 67
tornadoes throughout the Midwest, 24 of which touched down in
Illinois, causing widespread destruction throughout the state.
Six fatalities and at least 180 injuries resulted. The damage
in neighboring states of Missouri and Kentucky received federal
disaster assistance, but Illinois did not.
In another example from the year before, a tornado outbreak
hit the Midwest on February 28-29, 2012, causing substantial
damage in Indiana, Kentucky, Ohio, and Illinois. The most
powerful tornado during this outbreak hit Harrisburg, Illinois,
which was especially devastated after an EF-4 Tornado killed
eight people and destroyed hundreds of buildings and homes. In
this case, FEMA declared Indiana and Kentucky federal disaster
areas, while denying disaster assistance for Ohio and Illinois.
Further, in the last year, there have been multiple,
successive disasters in the same region. FEMA, rather than
looking at these events cumulatively, isolates each disaster,
and does not recognize the cumulative impacts of these events
that have occurred in the same area.
Of the several factors FEMA takes into account when
determining the recommendation for a major disaster declaration
to the President, there is currently no standard to determine
which factor is more important than another. FEMA is prohibited
by law from using a mathematical formula to determine
eligibility for a major disaster declaration.
H.R. 1665, as amended, directs the Administrator to give
greater weight and consideration to severe localized impact or
recent multiple disasters in making recommendations to the
President for public and individual assistance through a major
disaster declaration.
HEARINGS
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management, held no hearings on this topic in the
115th Congress. However, the following hearings and roundtable
discussions were held by the Subcommittee on subjects related
to matters contained in H.R. 1665, as amended, during the 114th
Congress:
``Rebuilding after the Storm: Lessening Impacts and
Speeding Recovery'' held on January 27, 2015. The purpose of
the hearing was to launch an assessment of the rising costs of
disasters, the cost effectiveness of disaster assistance,
strategies to reduce disaster losses, and the appropriate roles
of government and the private sector, and to consider reforms
to save lives through improved alerts and warning systems and
search and rescue.
``What is Driving the Increasing Costs and Rising Losses
from Disasters?'' held on March 18, 2015. The purpose of the
roundtable was to examine and discuss data related to disaster
costs, the trends observed over time, and the projections for
the future given the policies in place today.
``The State of Pennsylvania and FEMA Region III are Leaders
in Mitigating Disaster Costs and Losses'' held on May 28, 2015.
The purpose of the roundtable was to examine disaster costs and
losses, focus on hazards impacting Pennsylvania and the region,
and identify best practices for mitigating and avoiding
disaster impacts.
``Federal Disaster Assistance: Roles, Programs and
Coordination'' held on June 17, 2015. The purpose of the
roundtable was to examine and discuss federal disaster
assistance programs, the requirements and effectiveness of
those programs, and coordination among various agencies and
stakeholders.
``Controlling the Rising Cost of Federal Responses to
Disaster'' held on May 12, 2016. The purpose of the hearing was
to begin exploring potential solutions and the principles that
should be driving solutions to lower the overall costs of
disasters and to help avoid devastating losses.
LEGISLATIVE HISTORY AND CONSIDERATION
On March 22, 2017, Congressman Rodney Davis (R-IL)
introduced H.R. 1665, a bill to ensure that Administrator of
FEMA considers severe local impact in making a recommendation
to the President for a major disaster declaration.
On March 29, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1665. The
Committee adopted an amendment offered by Congressman Garret
Graves (R-LA). The Committee ordered the bill, as amended,
reported favorably to the House by voice vote with a quorum
present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 1665, as amended, or ordering the
measure reported. A motion to order H.R. 1665, as amended,
reported favorably to the House was agreed to by voice vote
with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 1665, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 13, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1665, the Disaster
Declaration Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1665--Disaster Declaration Improvement Act
H.R. 1665 would direct the Federal Emergency Management
Agency (FEMA) to give greater consideration to the local
effects of disaster events when reviewing state or tribal
requests for a major disaster declaration. Under current law,
FEMA considers the extent of both statewide and localized
damage when determining whether to recommend that the President
issue such a declaration. Based on an analysis of information
provided by FEMA, CBO estimates that FEMA would incur no
additional costs to implement this bill.
Enacting H.R. 1665 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1665 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Robert Reese.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to ensure
that Administrator of FEMA considers severe local impact and
recent multiple disasters in making a recommendation to the
President for a major disaster declaration.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1665, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 1665, as amended, does
not direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
FEDERAL MANDATE STATEMENT
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1665, as amended,
does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY OF LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1: Short title
Section 1 designates the short title as the ``Disaster
Declaration Improvement Act''.
Section 2: Local impact
Section 2 requires that the Administrator of FEMA shall
give greater weight and consideration to sever local impacts
and recent multiple disasters when making a recommendation to
the President for a major disaster declaration.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1665, as amended, makes no changes in existing law.
[all]