[House Report 117-160]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-160
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PRELIMINARY DAMAGE ASSESSMENT IMPROVEMENT ACT OF 2021
_______
November 1, 2021.--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. 3709]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3709) to direct the Administrator
of the Federal Emergency Management Agency to submit to
Congress a report on preliminary damage assessments and make
necessary improvements to processes in the Federal Emergency
Management Agency, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill 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........................ 3
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement...................................... 6
Preemption Clarification......................................... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
PURPOSE OF LEGISLATION
The purpose of H.R. 3709 is to direct the administrator of
the Federal Emergency Management Agency (FEMA) to convene an
advisory panel to assist the agency in improving critical
components of the preliminary damage assessment process.
BACKGROUND AND NEED FOR LEGISLATION
State, tribal, territorial, and local (STTL)
representatives are responsible for conducting preliminary
damage assessments (PDA) with the assistance of FEMA officials
to validate damages ahead of a governor's or chief executive's
submittal to the President of a request for FEMA assistance.\1\
FEMA uses PDA findings in the wake of a hazard event to
determine the extent of damage and the resulting unmet needs of
individuals and households, businesses, and the public sector
in an affected community or area.\2\ PDA findings play a
critical role in that they form the basis for the
determinations as to whether damages are of a significant
magnitude to warrant a disaster declaration pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(P.L. 93-288 as amended).\3\
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\1\44 CFR Sec. 206.33.
\2\Federal Emergency Management Agency, Public Assistance Program
and Policy Guide, Version 4, available at https://www.fema.gov/sites/
default/files/2020-06/fema_public-assistance-program-and-policy-
guide_v4_6-1-2020.pdf.
\3\44 CFR Sec. 206.35 and 206.36.
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Section 206.33 of title 44 of the Code of Federal
Regulations details that it is in the ``best interest of all
parties to combine state and federal personnel resources by
performing a joint PDA prior to the initiation of a governor's
request . . .''\4\ Subsection (b) specifically recommends the
Federal government use damage assessment teams to coordinate
with state officials.\5\
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\4\44 CFR Sec. 206.33.
\5\Id.
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Despite the significance of PDAs, the Committee has
received reports of discrepancies across the ten FEMA regions
regarding the inconsistency of information, data, and FEMA
staffing involved in the PDA process.\6\ H.R. 3709 will direct
FEMA to convene an advisory panel to examine the PDA process,
establish a consistent training program for FEMA personnel to
effectively and uniformly support these assessments, provide a
report to Congress regarding the findings of the panel and
steps that will need to be taken to reform the joint PDA
process, and issue a rulemaking to implement such
recommendations.
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\6\See, e,g., FEMA Disaster Workforce: Actions Needed to Address
Deployment and Staff Development Challenges, General Accountability
Office (May 2020) GAO-20-360.
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HEARINGS
For the purposes of rule XIII, clause 3(c)(6)(A) of the
117th Congress, the following hearing was used to develop or
consider H.R. 3709:
On June 23, 2021, the Subcommittee held a hearing titled
``FEMA's Priorities for FY22 and Beyond: Coordinating Mission,
Vision, and Budget.'' The Subcommittee received testimony from
Hon. Deanne Criswell, Administrator, Federal Emergency
Management Agency, Department of Homeland Security. This
hearing provided Members an opportunity to examine the
President's fiscal year 2022 budget request for programs within
FEMA.
LEGISLATIVE HISTORY AND CONSIDERATION
H.R. 3709 was introduced in the House on June 4, 2021, by
Mr. Katko and Mr. Delgado and was referred to the Committee on
Transportation and Infrastructure. Within the Committee, H.R.
3709 was referred to the Subcommittee on Economic Development,
Public Buildings, and Emergency Management.
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management was discharged from further
consideration of H.R. 3709 on July 28, 2021.
The Committee considered H.R. 3709 on July 28, 2021, and
ordered the measure to be reported to the House with a
favorable recommendation, without amendment, 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.
No record votes were requested during consideration of H.R.
3709.
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. 3709 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 19, 2021.
Hon. 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. 3709, the
Preliminary Damage Assessment Improvement Act of 2021.
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]
Following a major disaster declared under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, the
Federal Emergency Management Agency (FEMA) works with state and
local partners to generate a preliminary damage assessment
(PDA) quantifying the potential magnitude of damages caused by
the event. That assessment informs subsequent requests for
federal assistance.
H.R. 3709 would require FEMA to convene an advisory panel
consisting of federal, state, and local officials to make
recommendations on training, the use of a technological
platform to integrate data, and other ways to improve the PDA
process. Under the bill, FEMA would need to issue regulations
to implement any activities that the panel recommends. Finally,
the bill would require the agency to report to the Congress on
several issues, including the PDA process and the panel's
recommendations.
The costs of the legislation, detailed in Table 1, fall
within budget function 450 (community and regional
development).
CBO assumes that the bill will be enacted by the end of
calendar year 2021 and that FEMA would begin implementing the
recommendations from the panel in fiscal year 2023. In total,
CBO estimates that implementing the bill would cost $22 million
over the 2022-2026 period; that spending would be subject to
the availability of appropriated funds.
TABLE 1--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 3709
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By fiscal year, millions of dollars--
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2022 2023 2024 2025 2026 2022-2026
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Estimated Authorization................................. * 7 5 5 5 22
Estimated Outlays....................................... * 7 5 5 5 22
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* = between zero and $500,000.
CBO cannot determine what recommendations the panel would
make in its final report. Based on information from the agency,
however, we expect that the panel would recommend the creation
of a common technological platform for integrating PDA data
from federal, state, and local officials, as well as additional
training for FEMA officials.
Using information from FEMA about the costs of software
systems for its grant programs, CBO estimates that it would
cost $18 million through 2026 to develop a technological
platform. Most of those costs would probably be for contracts
with a software vendor. In addition, CBO estimates that
training officials throughout the country on PDA guidelines and
processes would cost about $3 million over the 2022-2026
period. Finally, based on the costs of similar advisory panels
and reporting requirements, we estimate that implementing those
requirements would cost about $1 million.
The panel could recommend implementing more, fewer, or
different activities than CBO used as the basis for this
estimate. Depending on what the panel ultimately recommends,
the costs of implementing H.R. 3709 could be higher or lower
than our estimate.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by 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
examine the joint preliminary damage assessment process and
identify ways to improve training and guidelines with the goal
of producing more consistent PDAs.
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. 3709 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. 3709 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
Section 1. Short title
This section provides that this bill may be cited as the
``Preliminary Damage Assessment Improvement Act of 2021''.
Sec. 2. Findings
This section describes the findings of Congress related to
the Preliminary Damage Assessment (PDA) process. The section
states that various factors can impact the duration of a PDA
and the subsequent submission of a major disaster request and
that accurate, efficient PDAs will become critically important
to the relief process for disaster-impacted state, tribal,
territorial, and local (STTL) governments and disaster
survivors.
Sec. 3. Report to Congress
This section directs the FEMA Administrator to submit to
Congress a report describing the preliminary damage assessment
process, including the Agency's process for deploying personnel
to support PDAs, the number of Agency staff participating on
disaster assessment teams, the training and experience of such
staff, and FEMA's efforts to maintain a consistent liaison
between the Agency and STTL officials within a disaster area.
Sec. 4. Preliminary damage assessment
This section directs the FEMA Administrator to establish a
panel of STTL emergency managers to assist the Agency in
improving critical components of the PDA process, including
making recommendations to improve the training regime within
FEMA to ensure PDAs are conducted and reviewed under consistent
guidelines. This section also directs the FEMA Administrator to
initiate a rulemaking to implement such recommendations.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported by the Committee, H.R. 3709 makes no changes in
existing law.
[all]