Education Training and Exercises

Memorandum to Emergency Managers From: Martha Braddock, Policy Advisor International Association of Emergency Managers, U.S. Council Subject: Senate Appropriations Committee Markup of FY 2014 DHS Budget Date: July 23, 2013 On July 18, the Senate Appropriations Committee marked up and ordered reported HR 2217, the FY 2014 Appropriations bill for the Department of Homeland Security. The text of the HR 2217 as reported by the Senate and Senate Report 113-77, which provides explanatory language, are available on the IAEM-USA website. At this time it is not known when the bill may be considered on the Senate Floor. Both House and Senate are scheduled to leave at the end of the first week in August and return in September.. This memo focuses on the provisions of the Federal Emergency Management Agency portion of the bill and report. FEDERAL EMERGENCY MANAGEMENT AGENCY Emergency Management Performance Grants $350,000,000 Directs FEMA to maintain as a separate grant program and not to combine its funding with any other grant allocation or application process. Report contains the following language regarding EMPG grant guidance: The Committee notes the purpose of EMPG is to sustain an all- hazards emergency capability at the State and local level. The Committee is concerned that in an effort to harmonize grant programs, generic grant guidance reduces clarity regarding the targeted purpose of these grants. It should be noted, FEMA capabilities are only used when a State is overwhelmed in its ability to support a disaster and the President declares Federal assistance is needed. While there were 99 Presidentially declared disasters in fiscal year 2011, 250 gubernatorial emergencies were declared, 13,041 events required State assistance, and 44,428 local and tribal events were supported using EMPG funded staff or assets, according to the National Emergency Management Association. This level of activity and the requirement for all levels of government to work together for unexpected disasters demonstrates the criticality of sustaining a Nationwide capability. The Federal contribution through EMPG, which is a little over $1 per citizen, is matched by over 50 percent from State and local governments. This system enables an efficient response and assists in reducing costs to the Disaster Relief Fund. FEMA is directed to take into account the unique purpose of EMPG, as defined in the Stafford Act, when developing grant guidance. 1

Fire Fighter Assistance Grants $ 675,000,000. $337,500,000 each for the fire equipment grant program and the firefighter hiring grant program. General Provision 542 allows the Secretary to waive certain provisions of the firefighter hiring program, if conditions warrant. Directs continued present practice of funding according to local priorities, direct funding to fire departments and peer review process. Expects rural fire department funding level to be consistent with previous 5 year history. Requires report if expected fluctuation. National PreDisaster Mitigation Fund $25,000,000 for Predisaster Mitigation grants Rejectes budget request to eliminate the funding. Elimination would leave some states with no mitigation planning or project funding. Did not include request to rescind previous PDM projects, as no eligible funds for such rescission could be identified. State and Local Programs Grants $1,502,000,000 total for State and Local preparedness grant programs, $38 million above the comparable fiscal year 2013 level. The bill does not consolidate the preparedness grants as proposed in the President s budget request, as a complete legislative proposal has not been submitted to the authorizing Committees of jurisdiction. Includes bill language in General Provision Section 557 prohibiting any funds to be used to implement the National Preparedness Grant Program or successor grant program unless explicitly authorized by Congress. Bill continues to allocate funding in the same manner as in fiscal year 2013. Included in the total are: $453,000,000 for State Homeland Security Grants o of this $46,600,000 million for Operation Stonegarden ( to be competitively awarded; all border states are eligible to apply) $601,152,000 for the Urban Area Security Initiative o Of this $13,000,000 for Non-profit Security Grants; o Committee notes that 9/11 Act requires FEMA to conduct a risk assessment for 100 most populous metropolitan areas annually. All such areas are eligible for UASI funding based on threat, vulnerability and consequence. Includes language on required 25% set aside for Law Enforcement Terrorism Prevention Program in SHSG and UASI. Directs FEMA to provide clear guidance and provide a report. $100,640,000 million for Public Transportation Security Assistance Railroad Security Assistance and Over the Road Bus Security Assistance o No less than $10,000,000 for Amtrak security needs o Public transportation security assistance shall be provided directly to public transportation agencies 2

$100,640,000 for Port Security grants o Report language directs FEMA to work with stakeholders to identify ways to expedite the review process and requires a report no later than 120 days on steps to shorten length of time for obligation of grants. For the 4 grant programs listed above, funding opportunity announcements shall be issued in 60 days; applicants shall apply within 80 days of announcement; and FEMA shall act on application within 65 days after applications due. Encourages Department to require State and local governments to address child care services and facilities in response and recovery plans, exercises and training. Concerned that State and local cyber security issues are not receiving needed resources and attention and encourages Department to require State and local governments to include the Chief Information Officers in planning efforts. Concerned that drinking water and sanitation security needs (especially related to emergency response initiatives) are not adequately addressed and encourages FEMA to require State and local governments to include rural water associations in planning efforts. Encourages FEMA to consider need for severe weather alert systems and reverse 9-1-1 notification systems when evaluating grant applications. FEMA shall consider use of fiduciary agents when applicants are managing grants across many jurisdictions such as in port security grant program. Education Training and Exercises $233,568,000 total Includes a provision to allow use of funds for acquiring real property for purpose of establishing or extending buffer zones for FEMA owned training facilities. Must be from funds for that facility. Of the total- $64,905,000 for Center for Domestic Preparedness $98,000,000 for National Domestic Preparedness Consortium instead of the $60,000,000 for Training Partnership Grants as requested. Notes the effectiveness of existing Consortium members delivery system and dismantling the current program and replacing proven instructional bodies with an undefined system of providers would diminish the quality and consistency of training available to first responders. Funding to be distributed in accordance with 9/11 Act and as in previous years. $29,000,000 for continuing training grants o No less than $2,000,000 for hazardous materials training for first responders. Notes loss of life at West, Texas and firefighters rushing into danger when local response plan called for evacuation. o Supports full funding of programs that deliver homeland security curricula in the form of executive education programs and accredited master s degree education. $20,569,000 for the Emergency Management Institute o Notes development of training for prevention and response to mass casualty shooting incidents and expects courses to continue through FY 2014 as proposed. $21.094,000 for the National Exercise Program 3

United States Fire Administration $44,000,000, $2,694,000 above amount requested. Will allow for continued development of National fire Incident Reporting System and continue programs to promote fire safety and fire prevention in the wildland urban interface. Mandated to continue traditional funding for National Fallen Firefighters Memorial and related activities Did not include budget request provision to allow State fire academies to compete for Firefighter Assistance Grants. Emergency Food and Shelter $120, 000,000, $20,000,000 above the request. Flood hazard Mapping and Risk Analysis $95,203,000, $ 10,842,000 above request level. Extensive language pages 124-125 of report. Directs FEMA to continue working with communities on best way to reflect infrastructure that provides varying levels of mitigation against flooding on flood maps. Indicates March 20, 2013 National Academy of Sciences report Levees and the National Flood Insurance Program: Improving Policies and Practices concluded that at this time there is no sound reason to extend the mandatory purchase requirement to areas behind accredited levees and recommended that FEMA develop modern flood risk analysis tools. Committee directs Administrator to provide within a year of enactment initial assessment of the projected timeline and potential cost of acquiring such tools. Directs United States Army Corps of Engineers and DHS to ensure plain language of the levee accreditation provisions of the Biggert-Waters Flood Insurance Reform and Modernization Act are met and expects July 2013 delivery of Flood Protection Structure Accreditation Task Force report required by that Act. National Flood Insurance Fund $176,300,000 $40,000,000 for expenses under section 1366 of the National Flood Insurance Act. Directs Administrator of the Flood Insurance Program to develop procedures in 180 days to provide information to policy holders on the Community Rating system including Community s participation status and score. Information to be provided to policy holders not less than once a year in annual policy statement and also available on line. Extremely disappointed the affordability study and report required by Biggert-Waters is not completed and directs to dedicate sufficient resources to expedite report. Aware FEMA producing comprehensive Environmental Impact Statement for the NFIP. Directs FEMA to proactively solicit and consider input from parties potentially affected. Administrator to conduct a study assessing feasibility of waiver authority for floodplain management requirements within an area designated as Zone 1-30, VE, or V on a NFIP rate map. Lists specifics of what study should include. (page 126 of report) 4

Disaster Relief Fund $ 6,220,908,000 Requires a number of reports Includes extensive report language (p. 123) on critical role of Office of Inspector General and concern that the OIG execution of their role and lack of clarity and consistency in FEMA policy and procedures is adversely affecting some Public Assistance applicants. Report is required in 120 days from Administrator and OIG outlining improvements. General Provision Section 562 requires that a pilot program be established for permanent relocation of State facilities that were significantly damaged by the major disaster, are subject to flood risk and are eligible for repair, restoration, reconstruction or replacement under section 406 of Stafford Act for disasters declared after August 27, 2011. (more detail on page 185-186 of bill text) Salaries and Expenses $948,822,000 Included in the amount is $35.180, 000 for Urban Search and Rescue Teams, $7,667,000 above the request. This bill does not include proposed cuts to FEMA s dam safety, hurricane, and earthquake preparedness programs, instead includes the following: o $2,589,000 for National Hurricane Program under the Response PPA o $8,798,000 for National Earthquake Hazards Reduction Program o $9,360,000 is for the National Dam Safety Program under the Mitigation PPA Further, it continues funding for modernization of information technology systems which are critical to sustaining FEMA s reforms since the Post-Katrina Emergency Management and Reform Act. Provides $5,000,000 above request level. FEMA s proposed realignment of funding ignored Congressional direction to present budget in same account and PPA structure as annual appropriations bills. Of total amount $32,000,000 for Mount Weather improvements Not less than $2,000,000 for Emergency Management Assistance Compact under the Preparedness and Protection PPA $10,496,000 for evaluations and assessments as requested in Administration and Regional Offices PPA. RE: Measurement System for Grants--Report indicated the release of the second annual National Preparedness Report highlights the continuing need for a collective set of reliable data sources to continue assessing the preparedness of the Nation. Recognizes FEMA s recent efforts to assess local, State, and Federal threats, hazards, capabilities and preparedness, and use that data to inform grant making decisions but remains concerned that specific, crosscutting performance metrics and capability gaps have not been completely developed. Directs FEMA to brief the Committee on how a measurement system will be finalized to assess the Nation s risk and the specific gaps in capability. The briefing should clearly describe how the system will be repeatable so Congress can use it to evaluate progress and consider resources that may be needed to address issues. The Committee expects that future grant awards will incorporate 5

these performance metrics and address response, preparedness, or mitigation gaps. (See report page 111.) Federal Preparedness Task Force. Directs FEMA to support reconvening of the Federal Preparedness Task Force to evaluate progress made on the recommendations and make recommendations on new issues that have emerged. Almost 3 years since last report. Task Force to report directly to Committee. FEMA to continue to encourage State and local governments to develop mutual aid agreements and provide technical assistance when necessary. Social Media Directs Office of Administrator to brief Committee not later than 60 days after enactment on FEMA s current use of social media during disasters, the ability to coordinate social media activity with State and local governments, and innovative and promising emergency technologies that could fill information need gaps. Office of National Capital Region Coordination (ONCRC) o Provides $4,293,000 for the Office, which is $1,691,000 above the request. o Notes the unique responsibilities of the office and expresses concern that planning for evacuation does not incorporate all pertinent officials from appropriate local communities and states. o Directs FEMA to cease immediately any realignment of ONCRC. Report includes detailed language on FEMA s July 2 notice announcing realignment of Office of National Capital Region Coordination which would relocate responsibilities to FEMA Region III. (Report pages 112-113). If FEMA decides to pursue a realignment, stakeholder input and concurrent with the plan will be critical for serious consideration..radiological Emergency Preparedness Program Committee provides for receipt and expenditure of fees collected Delay of Certain Flood Insurance Reform Provisions Section 561 of General Provisions prohibits any funds to be used to implement, carry out, administer or enforce Section 1308(h) of the National Flood Insurance Program. This language would delay implementation of flood insurance increases for one year on properties that were built in compliance with an effective flood insurance rate map but have since been remapped into a different flood risk zone or base flood elevation Other Report Language Sandy Recovery Improvement Act Commends FEMA for developing a task force and schedule of work to implement all provisions of the Sandy Disaster Recovery Act (PL 113-2, Division B). Directs FEMA to remain focused on the effort and provide necessary resources. Children in Disasters National Commission on Children in Disaster highlighted the unique disaster needs. Notes FEMA s progress, directs FEMA to sustain ongoing efforts in headquarters and 6

regions and provide an updated report no later than 120 days of enactment on grant expenditures (all sources including preparedness and mitigation )related to ensuring needs of children are met. Directs FEMA to identify in report the lead senior employee and his activities to prepare for long term needs of children. FEMA encouraged to focus such activities on provided assistance to States to include needs of children in their planning efforts. Resilience Encourages FEMA to continue efforts related to Strategic Foresight Initiative. Believes communities and public can benefit from better coordination between NPPD programs oriented toward resilience of infrastructure and FEMA mitigation programs. Directs a joint briefing no later than 60 days after enactment on possibility for program coordination including information sharing among DHS components, Federal agencies, State and local partners and private sector. Demolition Standards Notes FEMA requires newly purchased, condemned buildings must be demolished within 90 days of purchase. Directs FEA to provide 270 days for tearing down buildings or establish a more reasonable standard. Fire Mitigation Is concerned mitigation efforts not keeping pace with risk. Directs FEMA to report to Committee no later than 120 days after enactment on efforts being made to mitigate wildfires including FEMA technical assistance, information sharing, and grant expenditures last 5 years. Should identify any funding obstacles for wildfires in current mitigation programs. Office of External Affairs Addresses need for more effective communication with Congress and public. Notes FEMA not leveraging opportunities to explain value of FEMA promoted or funded mitigation or state and local capabilities built with FEMA grants. Directs a report in 120 days on measures being taken to strengthen ability to communicate accurate and timely information to Congress, emergency managers and the public. 7