[Senate Report 117-140]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 466
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-140
_______________________________________________________________________

                                     



                    PLANNING FOR ANIMAL WELLNESS ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 4205

              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









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                 August 3, 2022.--Ordered to be printed  
                 
                             _________
       
       
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
29-010                   WASHINGTON : 2022
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
                     Laura W. Kilbride, Chief Clerk 
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     




                                                      Calendar No. 466
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-140

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



 
                    PLANNING FOR ANIMAL WELLNESS ACT

                                _______
                                

                 August 3, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4205]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4205) 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 with an amendment in the nature of a 
substitute and recommmends that the bill, as amended, do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  2
III. Legislative History..............................................  3
 IV. Section-by-Section Analysis of the Bill, as Reported.............  3
  V. Evaluation of Regulatory Impact..................................  4
 VI. Congressional Budget Office Cost Estimate........................  4
VII. Changes in Existing Law Made by the Bill, as Reported............  5

                         I. PURPOSE AND SUMMARY

    S. 4205, the Planning for Animal Wellness (PAW) Act, 
requires the Administrator of the Federal Emergency Management 
Agency (FEMA) to establish an advisory group to foster 
collaborative efforts among individuals and entities working to 
address the needs of animals in disaster preparedness, 
response, and recovery. The working group will review current 
best practices and federal guidance on congregate and 
noncongregate sheltering and evacuation planning for household 
pets, service and assistance animals, and captive animals 
during emergency and disaster events. The bill requires FEMA to 
publish updated guidance if it finds that current federal 
guidance does not match best practices. FEMA is required to 
consult with the advisory group in determining whether current 
guidance meets best practices and in publishing updated 
guidance.

              II. BACKGROUND AND NEED FOR THE LEGISLATION

    The important role that animals play in our society--from 
cadaver dogs to therapy horses and from service animals to pets 
and livestock--is a neglected piece of the emergency management 
puzzle. One study of Hurricane Katrina survivors showed that 44 
percent of those who declined to evacuate did so because they 
did not want to leave behind their pets.\1\ By contrast, the 
same study showed that only 18 percent of non-evacuees cited 
not wanting to leave behind their family.\2\ The amount of 
money Americans invest in their pets shows that domestic 
animals are treated as family. In 2021, Americans spent almost 
$124 billion on their pets.\3\ From an agricultural and 
economic perspective, a disaster's effect on livestock could 
impact the country's food supply. For example, in North 
Carolina, millions of livestock died after Hurricane Florence 
hit the state.\4\

    \1\Fritz Institute, Hurricane Katrina: Perceptions of the Affected 
(2006) (http://beta.fritzinstitute.org/PDFs/findings/
HurricaneKatrina_Perceptions.pdf).
    \2\Id.
    \3\American Pet Products Association, Pet Industry Market Size, 
Trends, & Ownership Statistics (https://www.americanpetproducts.org/
press_industrytrends.asp) (Accessed June 10, 2022).
    \4\Shane Croucher, Hurricane Florence: Animal Death Toll Reaches 
Millions in North Carolina, Newsweek, Sept. 19, 2018 (https://
www.newsweek.com/hurricane-florence-death-toll-animals-livestock-north-
carolina-1127919).
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    When disaster strikes, provisions must be made for animals, 
such as food, water, medications, and identification. However 
the same preparations will not apply to all animals.\5\ Large 
animals such as cows and horses may need to be evacuated from 
disaster areas, or left in secured barns if evacuation is not 
possible, and the Department of Agriculture provides further 
considerations for animals in the custody of zoos, aquariums, 
and research and teaching institutions.\6\
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    \5\American Veterinary Medical Association, Large Animals and 
Livestock in Disasters (https://www.avma.org/resources/pet-owners/
emergencycare/large-animals-and-livestock-disasters) (Accessed June 10, 
2022) (``There are unique considerations for horses and other livestock 
during a disaster''); Department of Agriculture, Preparedness Fact 
Sheet: Do You Have a Plan for Your Livestock Should Disaster Strike? 
(Oct. 2016) (``How best to protect your livestock and farm animals in 
extreme weather will depend on the size of your herds, what type of 
animals you have and how extreme the weather actually gets.'')
    \6\Department of Homeland Security, Ready.gov, Prepare Your Pets 
for Disasters (https://www.ready.gov) (Accessed June 10, 2022); 
Department of Agriculture, National Agriculture Library, Disaster 
Planning with Animals (https://www.nal.usda.gov/animal-health-and-
welfare/disaster-planning-animals) (Accessed June 10, 2022).
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    This legislation will bring together outside experts with 
various competencies, including veterinary science and state 
and local government, to assess and propose guidelines for 
securing and recovering animals during emergencies and 
disasters. The working group's recommendations will ensure that 
first responders can keep every member of affected families, 
including animals, safe. By leveraging the knowledge and 
perspectives of the multiple experts who comprise the working 
group, FEMA and other federal agencies will be better prepared 
to protect animals in disasters based on their specific needs 
and circumstances.

                        III. LEGISLATIVE HISTORY

    Chairman Gary Peters (D-MI) introduced S. 4205, the PAW 
Act, on May 12, 2022, with Ranking Member Rob Portman (R-OH). 
The bill was referred to the Committee on Homeland Security and 
Governmental Affairs. Senator Rick Scott (R-FL) joined as a 
cosponsor on May 24, 2022.
    The Committee considered S. 4205 at a business meeting on 
May 25, 2022. During the business meeting, a substitute 
amendment was offered by Chairman Peters that imposes a four-
year sunset on the working group, unless the FEMA Administrator 
chooses to continue it, and clarifies that members of the 
advisory working group are serving on a voluntary basis. The 
substitute amendment was adopted en bloc by voice vote with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Portman, Lankford, Romney, Scott, and Hawley present for the 
vote.
    The Committee ordered the bill, as amended, reported 
favorably by voice vote en bloc with Senators Peters, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Portman, Lankford, Romney, 
Scott, and Hawley present for the vote. Senator Hawley was 
recorded as voting ``no.''

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section designates the name of the bill as the 
``Planning for Animal Wellness Act'' or the ``PAW Act.''

Section 2. Working group guidelines

    Subsection (a) of this section defines the terms 
``Administrator'' and ``Working Group.''
    Subsection (b) requires the FEMA Administrator to establish 
the working group within 180 days of the bill's enactment.
    Subsection (c) lists the membership to be included in the 
working group.
    Subsection (d) outlines the duties of the working group, 
which are to encourage and foster collaborative efforts among 
individuals and entities working to address the needs of 
household pets, service and assistance animals, and captive 
animals in emergency and disaster preparedness, response, and 
recovery. It also requires the working group to review best 
practices and federal guidance on congregate and noncongregate 
sheltering and evacuation planning of animals in the event of 
emergencies and disasters.
    Subsection (e) clarifies that members of the working group 
serve on a voluntary basis.
    Subsection (f) sets a one-year deadline after the enactment 
of this legislation for the working group's determination of 
the sufficiency of the federal government's current animal 
emergency management practices.
    Subsection (g) requires the FEMA Administrator and the 
working group to update the federal guidelines, if needed, no 
later than 540 days after enactment.
    Subsection (h) requires the working group to terminate four 
years after the enactment of this legislation unless the FEMA 
Administrator determines an extension is appropriate.

                   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 rules. 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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 28, 2022.
Hon. Gary Peters,
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. 4205, the PAW Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

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    S. 4205 would require the Federal Emergency Management 
Agency (FEMA) to establish an advisory working group to address 
the needs of household pets, service animals, and captive 
animals during emergency and disaster situations. Within one 
year, the working group would evaluate whether current federal 
guidance is meeting the needs of animals during those 
situations. If they find that the current guidance is 
insufficient, FEMA, in conjunction with the working group, 
would need to update and publish the revised guidance within 
three years. The working group would sunset after four years 
and members would serve without pay.
    Based on the costs of similar working groups, CBO estimates 
that implementing S. 4205 would cost less than $500,000 over 
the 2022-2027 period; any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]