[House Report 118-392]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {    Report
                         HOUSE OF REPRESENTATIVES
 2nd Session      }                                     {    118-392

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



 
                THINK DIFFERENTLY ABOUT EMERGENCIES ACT

                                _______
                                

 February 20, 2024.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 6249]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 6249) to provide for a review and 
report on the assistance and resources that the Administrator 
of the Federal Emergency Management Agency provides to 
individuals with disabilities and the families of such 
individuals that are impacted by major 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...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     4
Committee Oversight Findings and Recommendations.................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Duplication of Federal Programs..................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
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............     6

                         PURPOSE OF LEGISLATION

    The purpose of H.R. 6249 is to provide for a review and 
report on the assistance and resources that the Administrator 
of the Federal Emergency Management Agency provides to 
individuals with disabilities and the families of such 
individuals that are impacted by major disasters, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    According to the Centers for Disease Control and 
Prevention, approximately 6.5 million people in the United 
States have an intellectual disability, which is the most 
common developmental disability.\1\
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    \1\Centers for Disease Control and Prevention, Addressing Gaps in 
Health Care for Individuals with Intellectual Disabilities, (Oct 15, 
2019) available at https://www.cdc.gov/grand-rounds/pp/2019/20191015-
intellectual-disabilities.html.
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    Previously, Congress has passed legislation to improve the 
delivery of Federal Emergency Administration (FEMA) assistance 
to individuals with disabilities and conducted oversight on the 
topic.\2\ Additionally, the Government Accountability Office 
(GAO) has reported on challenges that individuals with 
disabilities have faced in accessing assistance from FEMA 
following a disaster.\3\ However, these efforts have centered 
primarily around individuals with physical disabilities, not 
developmental or intellectual.
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    \2\An Assessment of Federal Recovery Efforts from Recent Disasters: 
Hearing Before the Subcomm. on Economic Development, Public Buildings 
and Emergency Management of the H. Comm. on Transp. and Infrastructure, 
116th Cong. (Oct. 18, 2019).
    \3\U.S. Gov't Accountability Off., GAO-19-318, FEMA Action Needed 
to Better Support Individuals Who Are Older or Have Disabilities 
(2019).
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    In May of 2019, GAO issued a report entitled, ``FEMA Action 
Needed to Better Support Individuals Who Are Older or Have 
Disabilities.''\4\ In the report, GAO detailed a review it 
conducted following the 2017 hurricane season. GAO found 
disability-related questions in the FEMA registration material 
were confusing and easily misinterpreted.\5\ For example, 
FEMA's registration process did not include an initial question 
that directly asked individuals if they had a disability or if 
they would like to request accommodation for completing the 
application process.\6\ GAO concluded that this may have 
resulted in individuals with disabilities not requesting 
accommodations or reporting having disabilities, hindering 
FEMA's ability to identify and assist them.\7\
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    \4\Id.
    \5\Id.
    \6\Id.
    \7\Id.
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    Furthermore, GAO found that FEMA had taken limited steps to 
communicate the agency's new disability integration staffing 
approach to staff in the FEMA regional offices, including 
Regional Administrators and Regional Disability Integration 
Specialists, who are critical to implementing these changes.\8\
---------------------------------------------------------------------------
    \8\Id.
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    While GAO findings raise concerns about outreach and 
efforts to accommodate and assist individuals with disabilities 
register for FEMA assistance following a disaster, GAO did not 
specifically review the resources and assistance that FEMA 
provides individuals with intellectual and developmental 
disabilities before, during, and after a disaster.\9\ 
Furthermore, while Ready.gov provides limited recommendations 
to help individuals with intellectual and developmental 
disabilities prepare for disasters, FEMA does not provide 
specific information on its website.\10\
---------------------------------------------------------------------------
    \9\Id.
    \10\See U.S. Dep't of Homeland Security, Ready Campaign, People 
with Disabilities, (Jan. 17, 2024), available at https://www.ready.gov/
disability; see also FEMA, Office of Disability Integration and 
Coordination, (Jan. 17, 2024), available at https://www.fema.gov/about/
offices/disability.
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    Congress has also taken steps to improve assistance to 
individuals with disabilities, under FEMA's Housing and 
Individual Assistance program. For example, Section 1212 of the 
Federal Aviation Administration Reauthorization Act of 2018 
(P.L. 115-254) amended the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act by increasing authorized amounts 
of financial assistance for disaster survivors for rental and 
other needs assistance to address accessibility-related repairs 
for individuals with disabilities.\11\ Additionally, Section 
513 of the Post-Katrina Emergency Management Reform Act of 2006 
directed the FEMA Administrator to appoint a Disability 
Coordinator at FEMA.\12\ The Disability Coordinator was 
instructed to ensure that the needs of individuals with 
disabilities were properly addressed in emergency preparedness 
and disaster relief.\13\
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    \11\FAA Reauthorization Act of 2018, Pub. L. No. 115-254, 132 Stat. 
3448.
    \12\Making appropriations for the Department of Homeland Security 
for the fiscal year ending September 30, 2007, and for other purposes, 
Pub. L. No. 109-295, 120 Stat. 1408.
    \13\Id.
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                                HEARINGS

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress the following hearing was used to develop or 
consider H.R. 6249:
    On May 17, 2023, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management of the Committee on 
Transportation and Infrastructure held a hearing entitled, 
``The Impacts of FEMA's Strategic Plan on Disaster Preparedness 
and Response.'' The Subcommittee received testimony from Mr. 
Erik Hooks, Deputy Administrator, FEMA, and Mr. Chris Currie, 
Director, Homeland Security and Justice, GAO.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    H.R. 6249 was introduced in the United States House of 
Representatives on November 6, 2023, by Mr. Molinaro of New 
York, with Ms. Titus of Nevada of Nevada, Mr. Carbajal of 
California, and Ms. Holmes-Norton of the District of Columbia, 
as original cosponsors, and referred to the Committee on 
Transportation and Infrastructure. Within the Committee on 
Transportation and Infrastructure, H.R. 6249 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. 6249 on November 15, 2023.
    The Committee considered H.R. 6249 on November 15, 2023, 
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 recorded votes were requested during consideration of 
H.R. 6249.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    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. 6249 from the 
Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 6249 would require the Federal Emergency Management 
Agency (FEMA) and the Government Accountability Office (GAO) to 
review disaster assistance and resources provided by FEMA for 
people with disabilities and their families. The bill would 
require FEMA, within 120 days of enactment, to report to the 
Congress on details of that assistance and the process of 
administering it. In addition, the bill would require both 
agencies, within one year of enactment, to make recommendations 
to the Congress on how to improve the quality and 
administration of that assistance.
    Using information from FEMA and GAO about the costs of 
similar activities, CBO estimates that implementing the bill 
would cost $1 million over the 2024-2028 period; such spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                    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 have 
FEMA and GAO conduct a review and submit a report to Congress 
on the assistance and resources that FEMA provides to 
individuals with intellectual and developmental disabilities 
and their families before, during, and after a disaster.

                    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. 6249 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. 6249 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the definition of Section 
5(b) of the appendix to Title 5, United States Code, are 
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 the Act may be cited as the 
``Think Differently About Emergencies Act''.

Section 2. Report to Congress

    This section directs FEMA to submit a report to Congress 
detailing the assistance and resources that FEMA provides to 
individuals with intellectual and developmental disabilities 
and their families before, during, and after disasters. 
Additionally, FEMA is directed to report on the process the 
agency undertakes to train and deploy FEMA personnel into areas 
impacted by disasters, to coordinate with and support states, 
localities, and nonprofit organizations to meet the needs of 
such individuals and their families. Finally, FEMA is directed 
to include recommendations on areas to improve the application 
process and delivery of assistance to such individuals and 
their families.

Section 3. Review of assistance and resources

    This section directs GAO and FEMA to review and report to 
Congress on assistance and resources FEMA provides to states, 
localities, nonprofit organizations, and individuals to assist 
individuals with intellectual, developmental, and physical 
disabilities and their families before, during and after 
disasters. Additionally, GAO and FEMA are also directed to 
include in their reports any legal impediments that exist to 
providing resources and assistance and put forward potential 
legislative reforms to address and remove identified legal 
impediments.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported by the Committee, H.R. 6249 makes no changes in 
existing law.