H. Rept. 115-1028 - PREPAREDNESS AND RISK MANAGEMENT FOR EXTREME WEATHER PATTERNS ASSURING RESILIENCE AND EFFECTIVENESS ACT OF 2017115th Congress (2017-2018)
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115th Congress } { Rept. 115-1028
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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PREPAREDNESS AND RISK MANAGEMENT FOR EXTREME WEATHER PATTERNS ASSURING
RESILIENCE AND EFFECTIVENESS ACT OF 2017
_______
November 14, 2018.--Ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 4177]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4177) to enhance the Federal
Government's planning and preparation for extreme weather and
the Federal Government's dissemination of best practices to
respond to extreme weather, thereby increasing resilience,
improving regional coordination, and mitigating the financial
risk to the Federal Government from such extreme weather, and
for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 8
Advisory of Earmarks............................................. 8
Duplication of Federal Programs.................................. 8
Disclosure of Directed Rule Makings.............................. 8
Federal Mandate Statement........................................ 8
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 8
Applicability of Legislative Branch.............................. 9
Section-by-Section Analysis of Legislation....................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10
PURPOSE OF LEGISLATION
H.R. 4177, the Preparedness and Risk Management for Extreme
Weather Patterns Assuring Resilience and Effectiveness Act of
2017, or the PREPARE Act of 2017, creates an interagency
council dedicated to identifying and managing the risks of
extreme weather events, increasing resilience and coordination.
Federal agencies are directed to develop extreme weather
adaptation plans, to proactively mitigate risk and minimize
Federal fiscal exposure.
BACKGROUND AND NEED FOR LEGISLATION
2017 was an historic year for disasters that cost the
country an unprecedented $306 billion in damages.\1\ According
to the National Oceanic and Atmospheric Administration (NOAA),
2017 exceeded the previous record for extreme weather damages
by nearly $90 billion. In addition to Hurricanes Harvey, Irma,
and Maria; wildfires in the West burned almost 10 million acres
of land.\2\ The cumulative costs associated with wildfire
damages last year was almost $18 billion, tripling the previous
record.\3\
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\1\Smith, Adam B. ``2017 U.S. billion-dollar weather and climate
disasters: a historic year in context.'' January 8, 2018. Available at
https://www.climate.gov/news-features/blogs/beyond-data/2017-us-
billion-dollar-weather-and-climate-disasters-historic-year.
\2\Id.
\3\Id.
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According to the Federal Emergency Management Agency
(FEMA), only three years since 2000 have seen less than 100
disaster declarations.\4\ In 2011, there were 242 such
declarations, as well as 1,096 deaths linked to natural
catastrophes and $24.1 billion in damage.\5\ From 1988 to 2013,
the National Weather Service estimated that all hazard damages
totaled $474.4 billion, for an annual average of $18.2
billion.\6\
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\4\Federal Emergency Management Agency, ``Disaster Declarations by
Year.'' Available at https://www.fema.gov/disasters/year.
\5\National Weather Service, ``Summary of Natural Hazard Statistics
for 2011 in the United States.'' Available at http://www.nws.noaa.gov/
om/hazstats/sum11.pdf.
\6\National Weather Service, ``Weather Fatalities.'' Available at
http://www.nws.noaa.gov/om/hazstats/sum11.pdf.
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These impacts call attention to the Federal government's
role as a leader in coordinating and informing government
efforts related to disasters. Enhancing resilience through
hazard mitigation may help reduce costs and impacts. As such,
many government agencies have developed strategies for
enhancing resilience.
In the February 2013 update to the Government
Accountability Office (GAO) High-Risk Series Report, GAO
recommended a centralized strategy for coordinated response,
including the need to monitor and verify agency effectiveness
at responding to disasters, and the need to pass data and
recommendations along to State and local governments.\7\
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\7\GAO, ``High-Risk Series: An Update, GAO-13-283 (Washington,
D.C.: February 2013).
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The PREPARE Act:
Creates an interagency council to set goals
and priorities for resilience, preparedness, and risk
management at the Federal level;
Assists State, local and tribal governments
in managing their preparedness and risk by accessing
the interagency council for recommendations and
resources;
Requires the interagency council to craft
recommendations on how to respond to the GAO High Risk
report; and
Compels each agency to submit a disaster
response plan and merge the plans to create a
coordinated Federal-level response to severe weather
events, ensuring each agency can conduct business
effectively during a disaster.
Interagency council on extreme weather resilience, preparedness, and
risk identification and management
The interagency council is to be comprised of 15 or more
representatives from the White House and other executive
departments and agencies, including the Office of Management
and Budget (OMB), Council on Environmental Quality (CEQ),
Department of Homeland Security, Department of Transportation,
Environmental Protection Agency, and the National Oceanic and
Atmospheric Administration (NOAA).
The council will coordinate with groups in the Federal
government focused on extreme weather mitigation and recovery
to avoid duplication of efforts, including the Mitigation
Framework Leadership Group, the Recovery Support Function
Leaders Group, and others. They will work with agencies to
incorporate extreme-weather mitigation into everyday agency
activities, including agency extreme weather plans, strategic
and budgetary planning, and communication of localized extreme-
weather risk. The council will support regional, State, and
local action to assess extreme weather-related vulnerabilities
and cost-effectively increase resilience, preparedness, and
risk management of communities and critical economic sectors.
The council is charged with facilitating the development,
sharing, and integration of meteorological and extreme weather
science, and related disciplines, into agency policies,
including policies on risk evaluation and planning.
An annual report to Congress is required on how the
government-wide goals and priorities are being met, including
recommendations to enhance effectiveness and describing the
progress of coordination efforts. The legislation also requires
the Director of OMB to issue guidance to agencies on developing
extreme weather plans and policies to remove barriers to State
and local extreme weather mitigation.
The PREPARE Act is intended to ensure better planning and
coordination among Federal agencies to cope with extreme
weather events and facilitate information sharing with State
and local governments to help increase emergency preparedness.
The GAO recommends the alignment of these programs and
efforts to help better identify priority actions, facilitate
consensus among stakeholders, provide reliable resources, and
identify areas for improvements.\8\ In addition to saving
lives, other benefits can include infrastructure investments
that protect against disaster impacts, enhancement of
resilience to all disasters, and the creation of other economic
opportunities.\9\
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\8\GAO, ``Climate Change: Selected Governments Have Approached
Adaptation through Laws and Long-Term Plans,'' GAO-16-454 (Washington,
D.C.: May 2016).
\9\Id.
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HEARINGS
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management, held the following hearings and
roundtable discussions on subjects related to matters contained
in H.R. 4177 during the 114th and 115th Congresses:
Rebuilding after the Storm: Lessening Impacts and
Speeding Recovery, held on January 27, 2015. The
purpose of the hearing was to launch an assessment of
the rising costs of disasters, the cost effectiveness
of disaster assistance, strategies to reduce disaster
losses, and the appropriate roles of government and the
private sector, and to consider reforms to save lives
through improved alerts and warning systems and search
and rescue.
What is Driving the Increasing Costs and Rising
Losses from Disasters? held on March 18, 2015. The
purpose of the roundtable was to examine and discuss
data related to disaster costs, the trends observed
over time, and the projections for the future given the
policies in place today.
The State of Pennsylvania and FEMA Region III are
Leaders in Mitigating Disaster Costs and Losses, held
on May 28, 2015. The purpose of the roundtable was to
examine disaster costs and losses, focus on hazards
impacting Pennsylvania and the region, and identify
best practices for mitigating and avoiding disaster
impacts.
Federal Disaster Assistance: Roles, Programs and
Coordination, held on June 17, 2015. The purpose of the
roundtable was to examine and discuss Federal disaster
assistance programs, the requirements and effectiveness
of those programs, and coordination among various
agencies and stakeholders.
Controlling the Rising Cost of Federal Responses to
Disaster, held on May 12, 2016. The purpose of the
hearing was to begin exploring potential solutions and
the principles that should be driving solutions to
lower the overall costs of disasters and to help avoid
devastating losses.
Building a 21st Century Infrastructure for America:
The National Preparedness System, held on Thursday,
March 16, 2017. The purpose of the hearing was to
assess the development, successes, and challenges of
the National Preparedness System and based on input
from key stakeholders, understand how well the
preparedness grant program is building national
preparedness capabilities.
Building a 21st Century Infrastructure for America:
Mitigating Damage and Recovering Quickly from
Disasters, held on April 27, 2017. The purpose of the
hearing was to examine how to protect infrastructure
against future disaster damage, how to lower the
overall disaster costs, and to identify challenges
facing the FEMA in responding to, recovering from, and
mitigating against disasters, both natural and manmade.
Emergency Response and Recovery: Central Takeaways
from the Unprecedented 2017 Hurricane Season, held on
November 2, 2017. The purpose of the hearing was to
explore initial lessons learned from the 2017
hurricanes, and identify key challenges and obstacles
that remain in the way of recovery. The discussions
helped inform discussions regarding long-term solutions
and legislative proposals with the goal of helping to
speed smart recovery in the impacted communities.
Impacts of the 2017 Wildfires in the United States,
held on March 20, 2018. The purpose of the hearing was
to explore the lessons learned from the catastrophic
2017 wildfires, inform long-term policy solutions, and
highlight the importance of mitigation, including
provisions contained in the Disaster Recovery Reform
Act (DRRA).
LEGISLATIVE HISTORY AND CONSIDERATION
On October 31, 2017, Congressman Matt Cartwright (D-PA)
introduced H.R. 4177, to enhance the Federal Government's
planning and preparation for extreme weather and the Federal
Government's dissemination of best practices to respond to
extreme weather, thereby increasing resilience, improving
regional coordination, and mitigating the financial risk to the
Federal Government from such extreme weather, and for other
purposes. The bill was referred primarily to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Oversight and Government Reform.
On November 2, 2017, the PREPARE Act was ordered reported
by voice vote by the Committee on Oversight and Government
Reform.
On April 12, 2018, the Committee on Transportation and
Infrastructure met in open session and ordered the bill
reported favorably to the House by voice vote with a quorum
present.
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. 4177.
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. 4177 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 17, 2018.
Hon. Bill Shuster,
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. 4177, the PREPARE
Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 4177--PREPARE Act of 2017
Summary: H.R. 4177 would:
Authorize the establishment of an
interagency council to provide recommendations on and
best practices for planning and preparing for extreme
weather;
Direct agencies to incorporate extreme
weather plans into their operations and mission
objectives; and
Require agencies to include their most
recent extreme weather plans in their performance
plans.
CBO estimates that implementing H.R. 4177 would cost $12
million over the 2019-2023 period, assuming appropriation of
the necessary amounts.
Enacting H.R. 4177 could affect direct spending by some
agencies because they are authorized to use receipts from the
sale of goods, fees, and other collections to cover operating
costs. Therefore, pay-as-you go procedures apply. Because most
agencies can make adjustments to the accounts collected as
operating cost change, CBO estimates that any net changes in
direct spending by those agencies would be negligible. Enacting
the bill would not affect revenues.
CBO estimates that enacting H.R. 4177 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 4177 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated Cost to the Federal Government: The estimated
budgetary effect of H.R. 4177 is shown in the following table.
The costs of the legislation fall within all budget functions
that contain salaries and expenses.
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By fiscal year, in millions of dollars--
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2018 2019 2020 2021 2022 2023 2019-2023
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.................. 0 3 3 2 2 2 12
Estimated Outlays.............................. 0 3 3 2 2 2 12
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the beginning of fiscal year
2019 and that spending will follow historical patterns for
similar activities.
Federal agencies are required to perform essential
functions under a broad range of circumstances, including
severe weather. Through the National Preparedness Framework,
agencies have developed a series of policy and planning
documents to prevent, protect against, mitigate, respond to,
and recover from many different types of threats and hazards.
CBO expects that complying with the legislation's
provisions would increase the administrative expenses of
federal agencies. H.R. 4177 would establish the Interagency
Council on Extreme Weather Resilience, Preparedness, and Risk
Identification and Management, made up of representatives from
government entities including the Departments of Agriculture,
Defense, Energy, Housing and Urban Development, Justice, and
Transportation, as well as the Environmental Protection Agency,
Federal Emergency Management Agency, National Security Council,
and the Office of Management and Budget. The interagency
council also would have steering committees and working groups
to address specific issues. It would provide information on
best practices for agencies to prepare for and respond to
severe weather. In addition, every agency would be directed to
include a severe weather plan in its performance plans.
Based on the number of staff assigned to federal officials
working with similar interagency councils, CBO estimates that
the interagency council would need 14 full-time employees at an
annual cost of about $100,000 each. Additional staff also would
be needed at each of the twenty six major agencies at an
average annual cost of about $100,000 for each employee. CBO
expects that those employees would initially work on weather-
related issues for six months each year with the amount of time
they work on those issues declining after the plans are
developed. In total, CBO estimates that implementing H.R. 4177
would cost between $2 million and $3 million annually.
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. H.R. 4177 could affect direct spending by agencies
that are not funded through annual appropriations; therefore,
pay-as-you-go procedures apply. CBO estimates, however, that
any changes in direct spending would be negligible. Enacting
the bill would not affect revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 4177 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 4177 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Previous CBO estimate: On March 29, 2018, CBO transmitted a
cost estimate for H.R. 4177 as ordered reported by the House
Committee on Oversight and Government Reform on November 2,
2017. The two versions of the bill are very similar and CBO's
estimates of the annual costs are the same, though the time
period covered by the two estimates are different.
Estimate prepared by: Federal Costs: Matthew Pickford;
Mandates: Andrew Laughlin.
Estimate reviewed by: Kim P. Cawley, Unit Chief, Natural
Resources Cost Estimate Unit; H. Samuel Papenfuss, Deputy
Assistant Director for 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
establish an interagency council to provide recommendations on
and best practices for planning and preparing for extreme
weather.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
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. 4177 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.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 4177 does not direct the
completion of a specific rulemaking within the meaning of
section 551 of title 5, United States Code.
FEDERAL MANDATE 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 states that H.R. 4177 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 are created by this
legislation.
APPLICABILITY OF 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 LEGISLATION
Section 1. Short title, Table of Contents
Section 1 provides that the Act may be cited as the
``Preparedness and Risk Management for Extreme Weather Patterns
Ensuring Resilience and Effectiveness Act of 2017'' or the
``PREPARE Act of 2017''.
Section 2. Interagency Council on extreme weather resilience,
preparedness, and risk identification and management
Section 2 establishes an Interagency Council composed of
senior officials from CEQ, the Office of Science and Technology
(OSTP), OMB, and FEMA, among others. The Council will
establish, develop, recommend, coordinate, and track
implementation of government-wide goals and priorities related
to extreme weather resilience, preparedness, and risk
identification and management (``extreme weather resilience''),
taking into account the GAO High-Risk Series, the National
Preparedness Goal, and the National Global Change Research
Plan, among others.
Section 3. Agency planning for extreme weather-related risks
Section 3 requires the head of each agency, in coordination
with FEMA to avoid duplication of the National Planning
Frameworks, to submit a comprehensive plan integrating extreme
weather resilience into the agency's operations and overall
mission, every two years. The Director of OMB is required to
review and integrate all agency extreme weather plans on a
government-wide basis, and consolidate and transmit the plans
to Congress.
Section 4. Website
Section 4 requires the establishment of a website to
provide information, data, and tools on current and future
risks related to extreme weather resilience to support State,
local, and private sector decision makers. The website will
identify interagency progress and propose the next steps
towards responding to the threats posed by extreme weather,
including the best available meteorological science for use in
extreme weather resilience planning and decision-making.
Section 5. Providing adequate resources and support
Section 5 requires the Director of OMB to ensure that each
agency provides adequate resources to the council, including
administrative services and personnel support, as appropriate,
for the website and to otherwise carry out the Act.
Section 6. Inventory
Section 6 requires the council to conduct and publish an
inventory of all regional offices, centers, and agency programs
that are assisting with extreme weather resilience at the State
or local level every two years.
Section 7. Meetings
Section 7 requires the council to convene a meeting of the
representatives of the offices, centers, and programs included
in the inventory, and invite other local and regional
stakeholders to participate and develop plans to coordinate
these efforts, including evaluating progress and identifying
opportunities for collaboration, barriers to planning and
management, and gaps in research.
Section 8. Progress updates
Section 8 stipulates that, within 90 days of each meeting
under Section 7, each agency will submit information to the
council describing progress in aligning Federal extreme weather
resilience efforts at the State and local level, and the
benefits of such regional coordination and collaboration.
Section 9. Definitions
Section 9 contains definitions for terms used in this Act
including ``agency''; ``agency extreme weather plan'';
``extreme weather''; ``Interagency Council''; ``mitigation
plan''; ``National Global Change Research Plan''; ``National
Oil and Hazardous Substances Pollution Contingency Plan'';
``National Preparedness Goal''; ``National Preparedness
Report''; ``preparedness''; ``resilience''; ``senior
official''; ``State''; ``United States Global Change Research
Program''; and ``United States Global Change Research Program
Annual Report''.
Section 10. Requirement to include agency extreme weather plan in
agency performance plan
Section 10 requires that a description of the most recent
agency extreme weather plan, as required under section 3, be
included in the performance plan of an agency.
Section 11. Sunset and repeal
Section 11 provides that the Act ceases to be effective and
is repealed 5 years after the date of enactment.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 4177 makes no changes in existing law.
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