[House Report 117-611]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {      117-611

======================================================================

 
                    PLANNING FOR ANIMAL WELLNESS ACT

                                _______
                                

December 8, 2022.--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. 7789]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 7789) to require the Administrator 
of the Federal Emergency Management Agency to establish a 
working group relating to best practices and Federal guidance 
for animals in emergencies and disasters, 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...........................................     1
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.................................     4
Duplication of Federal Programs..................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                         PURPOSE OF LEGISLATION

    The purpose of H.R. 7789 is to direct the Federal Emergency 
Management Agency (FEMA) to establish a working group relating 
to best practices and federal guidance for animals in 
emergencies and disasters.

                  BACKGROUND AND NEED FOR LEGISLATION

    Post-Hurricane Katrina examinations of the disaster 
survivor population indicated that 44 percent of those who 
failed to evacuate did so because they did not want to leave 
behind their pets.\1\ Lessons learned after Hurricane Katrina 
led to legislative efforts to improve the safety of pets and 
their owners and fill statutory gaps. Based on those lessons 
learned it became apparent that animals and veterinary issues 
should be considered with examining the full cycle of emergency 
management--planning, preparedness, response, recovery, and 
mitigation. For example, in the wake of disasters, there may be 
challenges--for first responders and their working dogs; 
individuals and families and their domesticated animals; and 
farmers and their livestock--which go beyond existing statutory 
considerations and federal assistance.
---------------------------------------------------------------------------
    \1\Washington Post. How The Chaos of Hurricane Katrina Helped Save 
Pets from Flooding in Texas. August 31, 2017. Available at, https://
www.washingtonpost.com/news/animalia/wp/2017/08/31/how-the-chaos-of-
hurricane-katrina-helped-save-pets-from-flooding-in-texas/.
---------------------------------------------------------------------------
    Given this, the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Stafford Act, P.L. 93 288, as 
amended), mentions pets and service animals four times due to 
statutory changes resulting from the Post-Katrina Emergency 
Management Reform Act (PKEMRA) and the Pets Evacuation and 
Transportation Standards Act of 2006 (PETS). PKEMRA and PETS 
transformed emergency management at the state and local levels, 
allowing not only for advance planning for evacuation plans, 
sheltering, and food and water for pets and service animals, 
but also for federal cost-share assistance to cover related 
execution of these plans. Since enactment of these laws, many 
communities have been able to plan better and ensure that when 
those in harm's way are instructed to evacuate, local shelters 
are appropriately equipped to accommodate pets and service 
animals. H.R. 7789 would build upon the progress made by PKEMRA 
and PETS.
    H.R. 7789 requires the FEMA Administrator to establish an 
advisory group to encourage and foster collaborative efforts 
among individuals and entities working to address the needs of 
animals in disaster preparedness. The working group would 
review current best practices and federal guidance on 
congregate and non-congregate sheltering and evacuation 
planning for household pets, service and assistance animals, 
and captive animals. If the Administrator, in consultation with 
the working group, finds that current federal guidance does not 
match best practices, FEMA will be required to publish updated 
guidance in consultation with the advisory group.

                                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. 7789:
    On February 16, 2022, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing titled ``FEMA Priorities for 2022: Stakeholder 
Perspectives.'' The Subcommittee received testimony from Mr. 
Chris Currie, Director, Homeland Security and Justice, U.S. 
Government Accountability Office; Ms. Erica Bornemann, 
Director, Vermont Emergency Management, on behalf of the 
National Emergency Management Association; and, Ms. Carolyn 
Harshman, President, International Association of Emergency 
Managers.
    This hearing allowed Members to hear from witnesses who are 
emergency management experts and represent key external FEMA 
stakeholders to gauge their perspective regarding what efforts 
the agency should prioritize in this year.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    H.R. 7789, the ``Planning for Animal Wellness (PAW) Act'', 
was introduced on May 16, 2022, by Ms. Titus and Mr. DeFazio 
and referred to the Committee on Transportation and 
Infrastructure. Within the Committee, H.R. 7789 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. 7789 on June 15, 2022.
    The Committee considered H.R. 7789 on June 15, 2022, and 
ordered the measure to be favorably reported to the House, 
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. 
7789.

                      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

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements 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 requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               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, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    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 create 
a working group at FEMA relating to best practices and federal 
guidance for animals in emergencies and disasters.

                    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. 7789 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

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        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. 7789 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. Title

    This section provides that this bill may be cited as the 
``Planning for Animal Wellness (PAW) Act''.

Sec. 2. Working group guidelines

    This section directs the FEMA Administrator to establish an 
advisory working group of third-party experts to, on a 
voluntary basis, encourage collaboration among those working to 
address the needs of household pets and to review the federal 
guidance for household pets, service and assistance animals, 
and captive animals during disasters. If the working group and 
Administrator find that current federal guidance is 
insufficient, then they shall work together to publish new 
guidance. The section also directs the working group to sunset 
after four years from the date of enactment of this Act.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported by the Committee, H.R. 7789 makes no changes in 
existing law.

                                  [all]