[House Report 116-485]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-485
======================================================================
TO AMEND THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT TO INCLUDE CERTAIN SERVICES IN THE DEFINITION OF
CRITICAL SERVICES, AND FOR OTHER PURPOSES
_______
September 4, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2242]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2242) to amend the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to
include certain services in the definition of critical
services, and for other purposes, having considered the same,
reports favorably thereon with amendments and recommends that
the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 7
Duplication of Federal Programs.................................. 7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
Section 20601 of the Bipartisan Budget Act of 2018 (Public Law 115-
123) is amended by inserting ``, and including, for purposes of this
section, solid waste management, stormwater management, public housing,
transportation infrastructure, and medical care,'' before ``for the
duration''.
Amend the title so as to read:
A bill to amend the Bipartisan Budget Act of 2018 to
include certain services in the definition of critical services
for purposes of repair, restoration, and replacement of damaged
facilities.
Purpose of Legislation
The purpose of H.R. 2242, as amended, is to amend the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act, Pub. L. 93-288, as amended) to include
additional services in the Act's definition of critical
services.
Background and Need for Legislation
Section 406(a) of the Stafford Act allows the President to
make contributions to private non-profit facilities and
infrastructure for the repair of damage caused by disasters if
those facilities provide ``critical services'' as defined by
the act. The Stafford Act currently includes power, water,
sewer, wastewater treatment, communications, education, and
emergency medical care within the Section 406 definition of
``critical services.''
H.R. 2242, as amended, would expand the definition of
critical services under Section 406 of the Stafford Act for the
purposes of Section 20601 of the Bipartisan Budget Act of 2018
(Pub. L. 115-123) authorizing assistance for public
infrastructure pursuant to Section 428 of the Stafford Act for
certain disasters declared in Puerto Rico and the U.S. Virgin
Islands. This expansion includes: solid waste management,
stormwater management, emergency supply transportation,
nonemergency medical, first response, and security.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress the following hearing was used to develop or
consider H.R. 2242, as amended:
On May 22, 2019, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management held a hearing
titled ``Disaster Preparedness: DRRA Implementation and FEMA
Readiness.'' Dr. Daniel Kaniewski, Deputy Administrator for
Resilience, Federal Emergency Management Agency, U.S.
Department of Homeland Security; Ms. Sima Merick, Executive
Director, Ohio Emergency Management Agency, testifying on
behalf of the National Emergency Management Association; Mr.
Nicholas L. Crossley, Director, Emergency Management and
Homeland Security Agency, Hamilton County, Ohio, testifying on
behalf of the International Association of Emergency Managers;
Hon. James Gore, Supervisor, 4th District, Sonoma County,
California, testifying on behalf of the National Association of
Counties, Ms. Pamela S. Williams, Executive Director,
BuildStrong Coalition; Mr. Alphonse Davis, Deputy Director,
Engineering Extension Service, Texas A&M, testifying on behalf
of the National Domestic Preparedness Consortium; and Mr. Randy
Noel, President, Reve, Inc., testifying on behalf of the
National Association of Home Builders. Topics discussed
included the state of federal disaster preparedness programs
since the enactment of the Disaster Recovery Reform Act of
2018, the status of federal disaster recovery assistance
funding appropriated in the wake of major disaster declarations
granted by the President from 2017-2019, and the increasing
frequency of extreme weather-related hazards.
Legislative History and Consideration
On April 10, 2019, Resident Commissioner/Representative
Gonzalez-Colon introduced H.R. 2242. Within the Committee, H.R.
2242 was referred to the Subcommittee on Economic Development,
Public Buildings, and Emergency Management.
The Chair discharged the Subcommittee on Economic
Development, Public Buildings, and Emergency Management from
further consideration of H.R. 2242 on September 19, 2019.
The Committee considered H.R. 2242 on September 19, 2019,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by voice vote, a quorum
being present.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Miss
Gonzalez-Colon (#1); was AGREED TO by voice vote.
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. 2242, as amended.
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.
Several Committee members and staff have visited the
Commonwealth of Puerto Rico and the U.S. Virgin Islands to meet
with local and Federal officials and review the status of
recovery from Hurricanes Irma and Maria since the storms struck
in 2017. Limitations in Federal disaster recovery program
authorities identified by officials tasked with recovery have
resulted in this legislative effort to further expand language
enacted as part of the Bipartisan Budget Act of 2018 (Pub. L.
115-123).
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. 2242 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 26, 2020.
Peter A. DeFazio,
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. 2242, a bill to
amend the Bipartisan Budget Act of 2018 to include certain
services in the definition of critical services for purposes of
repair, restoration, and replacement of damaged facilities.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
{GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT}
The bill would
Authorize the Federal Emergency Management
Agency to provide additional disaster recovery
assistance to Puerto Rico and the U.S. Virgin Islands
for critical services projects
Estimated budgetary effects would primarily stem from
Spending for critical services projects
Areas of significant uncertainty include
Estimating the amount of assistance that
will be provided to Puerto Rico and the U.S. Virgin
Islands under current law
Determining the number and type of projects
that would qualify as critical services projects
Projecting the amount of assistance critical
services projects would receive
Bill summary: H.R. 2242 would make certain recovery
projects eligible for increased assistance from the Federal
Emergency Management Agency (FEMA) in Puerto Rico and the U.S.
Virgin Islands in the aftermath of Hurricanes Irma and Maria.
The bill would amend the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to expand the list of project types
that qualify as critical services projects under the Bipartisan
Budget Act of 2018 (Public Law 115-123).
Estimated Federal cost: The estimated budgetary effect of
H.R. 2242 is shown in Table 1. The costs of the legislation
fall within budget function 450 (community and regional
development).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2242
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2020-2025 2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increases in Direct Spending
Estimated Budget Authority........................... 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays.................................... * 380 360 330 300 190 90 40 20 10 10 1,560 1,730
Increases in Spending Subject to Appropriation
Estimated Authorization.............................. * 2 2 1 * * * * * * * 7 9
Estimated Outlays.................................... * 2 2 1 * * * * * * * 7 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in fiscal year 2020. Under that
assumption, the agency could incur some costs in 2020, but CBO
expects that most of the costs would be incurred in 2021 and
later.
Background: In 2017, the U.S. territories of Puerto Rico
and the Virgin Islands were struck by Hurricanes Irma and
Maria. In response, the President declared major disasters
under the Stafford Act, which authorizes FEMA, at its
discretion for authorized purposes, to provide assistance
through several programs from its Disaster Relief Fund (DRF).
In that year, the Congress provided nearly $50 billion in
supplemental appropriations to the DRF, largely in response to
Hurricanes Harvey, Irma, and Maria.\1\ Using information from
FEMA, CBO expects that a significant portion of the current
balance of nearly $60 billion (which includes supplemental and
regular appropriations) ultimately will be spent on recovery
efforts in Puerto Rico and the U.S. Virgin Islands related to
Hurricanes Irma and Maria. CBO projects that most--but not
all--of that spending will occur over the 2020-2030 period
under current law.
---------------------------------------------------------------------------
\1\Appropriations to the DRF over the 2011-2020 period averaged
$138 billion annually. About half of those amounts were provided in
supplemental appropriations acts. In particular, Public Laws 115-56,
115-72, and 115-123 provided $49.6 billion in supplemental funding to
the DRF in response to several 2017 disasters, including Hurricanes
Harvey, Irma, and Maria.
---------------------------------------------------------------------------
Since 2017, FEMA has spent about $14 billion on disaster
assistance for the two territories. Of that amount, CBO
estimates that about $6 billion has been spent on projects
under the Public Assistance Program, which funds repairs to and
replacements of public buildings, roads, bridges, and other
infrastructure; removal of debris; and restoration of critical
services, such as electricity and water.\2\ Using information
from FEMA about the agency's long-term projections for recovery
spending in Puerto Rico and the U.S. Virgin Islands, CBO
projects that, under current law, the agency will spend an
additional $38 billion from DRF balances on those types of
projects over the 2020-2030 period.
---------------------------------------------------------------------------
\2\Section 406 of the Stafford Act defines critical services to
include electricity, water (including water provided by an irrigation
organization or facility) and sewer, wastewater treatment,
communications, education, and emergency medical care.
---------------------------------------------------------------------------
Direct spending: H.R. 2242 would expand the eligible uses
of existing, unobligated balances in the DRF by classifying
additional types of projects as critical services projects.
Under the Bipartisan Budget Act of 2018, FEMA is authorized to
spend more for critical services in Puerto Rico and the U.S.
Virgin Islands than is permitted under the Stafford Act for
other disasters. As a result, CBO expects that enacting H.R.
2242 would lead to balances in the DRF being spent more quickly
than under current law. That additional spending of amounts
already appropriated is classified as direct spending. In
total, CBO estimates that enacting the bill would increase
direct spending by about $1.7 billion over the 2020-2030
period; that increased spending would be offset by lower
spending of the same amount in years after 2030.
Total spending on Public Assistance projects in Puerto Rico
and the U.S. Virgin Islands would increase because both the
number of projects that qualify as critical services and the
amount of funding available for each one would increase. The
expanded list of critical services would include transportation
infrastructure (such as roads and bridges), public housing, and
solid waste and stormwater management. CBO estimates that about
5 percent of total spending for those projects under current
law is for critical services; the expansion under H.R. 2242
would make an additional 15 percent of total spending on Public
Assistance qualify as critical services. Transportation
projects--historically 10 percent of total Public Assistance
spending--would account for most of that increase.
Spending subject to appropriation: FEMA uses contractors to
review infrastructure projects. Because H.R. 2242 would expand
both the number and the technical complexity of projects, CBO
estimates that FEMA would need to spend about $7 million over
the 2021-2024 period and smaller amounts in subsequent years on
additional contract services. In total, CBO estimates, FEMA
would spend $9 million over the 2020-2030 period. Such spending
would be subject to the availability of appropriations to the
DRF.
Uncertainty: The total amount of public assistance that
FEMA will provide to Puerto Rico and the U.S. Virgin Islands
over the 2020-2030 period--currently estimated at $38 billion--
is the largest area of uncertainty associated with H.R. 2242.
CBO's estimate of the bill's costs is based on assumptions
applied to that starting figure. If FEMA decides to increase or
decrease the amount of spending allocated to storm recovery in
those territories under current law, then estimated spending
under H.R. 2242 would change as well.
In addition, the proportion of spending under the Public
Assistance Program that H.R. 2242 would make eligible for the
enhanced authorities of Public Law 115-123, which CBO estimates
is 15 percent, is uncertain. Further, the magnitude of the
increase in the cost of projects that the bill would enable,
which CBO estimates is 35 percent per project, is also
uncertain. Because Public Law 115-123 was enacted in 2018, CBO
has limited history to use in estimating its effects. The costs
of H.R. 2242 could therefore be higher or lower than CBO
estimates.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in Table 2.
TABLE 2.--H.R. 2242, A BILL TO AMEND THE BIPARTISAN BUDGET ACT OF 2018 TO INCLUDE CERTAIN SERVICES IN THE DEFINITION OF CRITICAL SERVICES FOR PURPOSES
OF REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON
SEPTEMBER 19, 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2020-2025 2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase in the Deficit
Pay-As-You-Go Effect................................. 0 380 360 330 300 190 90 40 20 10 10 1,560 1,730
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 2242 would affect the spending of balances from the Disaster Relief Fund (DRF). Most of those balances stem from appropriations designated in
accordance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 as emergency requirements or for disaster relief. In
particular, Public Laws 115-56, 115-72, and 115-123 (the Bipartisan Budget Act of 2018) designated the amounts appropriated to the DRF--totaling $49.6
billion--as emergency requirements. H.R. 2242 would not designate funds as emergency requirements or for disaster relief, but to the extent that it
would accelerate spending of DRF balances, it would increase spending of some funds that were originally designated as such.
Increase in long-term deficits: None.
Mandates: None.
Estimate prepared by: Federal costs: Jon Sperl; Mandates:
Rachel Austin.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Director of 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 expand
eligibility for facility and infrastructure repair funding for
entities that provide critical services.
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. 2242, 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.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates 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 finds that H.R. 2242, 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 were created by this
legislation.
Applicability to 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 the Legislation
Sec. 1. Repair, restoration, and replacement of damaged facilities
This section strikes and replaces the original re-
definition of ``critical services'' to include solid waste
management, stormwater management, emergency supply
transportation, nonemergency medical, first response, and
security. Additionally, the title of the bill was amended to
read, ``A bill to amend the Bipartisan Budget Act of 2018 to
include certain services in the definition of critical services
for purposes of repair, restoration, and replacement of damaged
facilities.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
BIPARTISAN BUDGET ACT OF 2018
* * * * * * *
DIVISION B--SUPPLEMENTAL APPROPRIATIONS, TAX RELIEF, AND MEDICAID
CHANGES RELATING TO CERTAIN DISASTERS AND FURTHER EXTENSION OF
CONTINUING APPROPRIATIONS
SUBDIVISION 1--FURTHER ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR
DISASTER RELIEF REQUIREMENTS ACT, 2018
* * * * * * *
TITLE VI--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 20601. GENERAL PROVISIONS--THIS TITLE.
The Administrator of the Federal Emergency Management Agency
may provide assistance, pursuant to section 428 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), for critical services as defined in
section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, and including, for purposes of this
section, solid waste management, stormwater management, public
housing, transportation infrastructure, and medical care, for
the duration of the recovery for incidents DR-4336-PR, DR-4339-
PR, DR-4340-USVI, and DR-4335-USVI to--
(1) replace or restore the function of a facility or
system to industry standards without regard to the pre-
disaster condition of the facility or system; and
(2) replace or restore components of the facility or
system not damaged by the disaster where necessary to
fully effectuate the replacement or restoration of
disaster-damaged components to restore the function of
the facility or system to industry standards.
* * * * * * *
[all]