H.R. 5314 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5314 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Cartwright (for himself, Mr. Blumenauer, Mr. Capuano, Mr. Cole, Mr. Dent, Mr. Doggett, Mr. Grimm, Mr. Hastings of Florida, Mr. Holt, Mr. Honda, Mr. Huffman, Mr. Loebsack, Ms. Pingree of Maine, Mr. Young of Alaska, Ms. Norton, Mr. Peters of California, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 31, United States Code, 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 resiliency, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weather. 1. Short title This Act may be cited as the Preparedness and Risk Management for Extreme Weather Patterns Assuring Resilience Act of 2014 or the PREPARE Act of 2014. 2. Findings The Congress finds the following: (1) For the first time in history, the Government Accountability Office included the need to address extreme weather in its 2013 High Risk List by declaring that this complex, cross-cutting issue presents a significant financial risk to the federal government. (2) The United States has sustained 151 weather-related disasters since 1980 where overall costs reached or exceeded $1 billion, with a total cost exceeding $1 trillion. (3) In 2012, the Federal Government spent nearly $100 billion because of droughts, storms, floods, and forest fires, and the costs of extreme weather in the United States totaled almost 1 percent of the Nation’s gross domestic product. (4) Every dollar spent on hazard mitigation brings a $4 return on investment. (5) The Federal Government has a number of non-permanent efforts underway to address extreme weather, including those outlined in Executive Order 13514, in Executive Order 13653, in Homeland Security Presidential Directive 20, in Presidential Policy Directive 8, and in individual Agency Adaptation Plans. (6) The Hurricane Sandy Rebuilding Task Force recommendations included taking a resiliency approach to planning, design, and rebuilding in order to mitigate impacts of future extreme weather-related events. (7) In order to help communities plan for future extreme weather-related events, the National League of Cities urges the Federal Government to provide financial and technical assistance to help local governments assess vulnerabilities and mitigate such future events and to share best practices and resiliency strategies. 3. Amendments relating to extreme weather resiliency, preparedness, and risk management (a) In general Subtitle VI of title 31, United States Code, is amended by inserting after chapter 97 the following new chapter: 99 Extreme weather resiliency, preparedness, and risk management Subchapter I—Strategic planning for extreme weather resiliency, preparedness, and risk management Sec. 9901. Interagency Council on Extreme Weather Resiliency, Preparedness, and Risk Management. 9902. Agency planning for extreme weather-related risks. Subchapter II—Assistance in Identifying the Best Available Science and Extreme Weather Resiliency, Preparedness, and Risk Management Best Practices 9911. USGCRP Web site. 9912. Adequate funding. Subchapter III—Regional coordination 9921. Inventory. 9922. Meetings. 9923. Progress reports. Subchapter IV—Definitions 9931. Definitions. I Strategic planning for extreme weather resiliency, preparedness, and risk management 9901. Interagency Council on Extreme Weather Resiliency, Preparedness, and Risk Management (a) Establishment The President shall establish a council to be known as the Interagency Council on Extreme Weather Resiliency, Preparedness, and Risk Management. (b) Membership The Interagency Council shall be composed of— (1) the Chairman of the Council on Environmental Quality; (2) the Director of the Office of Science and Technology Policy; (3) the Assistant to the President for Homeland Security and Counterterrorism; (4) the employee of the Office of Management and Budget in the position established under subsection (c)(2), or a designee of such employee; and (5) other members as appointed by the President who are agency representatives at the Assistant Secretary (or equivalent) level or above, including— (A) a representative from— (i) the Department of Transportation; (ii) the Environmental Protection Agency; (iii) the Department of Energy; and (iv) the Department of Homeland Security; and (B) representatives who have policy expertise and policy responsibilities in the areas of— (i) economic policy; (ii) foreign affairs; (iii) defense and intelligence; (iv) homeland security; (v) energy; (vi) environmental protection; (vii) natural resources; (viii) coasts, oceans, rivers, and floodplains; (ix) agriculture; (x) health; (xi) transportation, infrastructure, or housing; (xii) education; (xiii) extreme weather data analysis or meteorological science; (xiv) social science; (xv) strategic planning; and (xvi) other areas the President determines appropriate. (c) Co-Chairpersons (1) In general The Interagency Council shall be co-chaired by the employee of the Office of Management and Budget in the position established under paragraph (2) (or a designee of such employee) and any other member of the Interagency Council that the President may appoint as co-chairperson. (2) Position at the Office of Management and Budget There is established within the Office of Management and Budget a position to— (A) serve as a co-chairperson of the Interagency Council; (B) oversee the Interagency Council’s response to the Government Accountability Office’s recommendations under subsection (f)(5); (C) use the evaluation framework and performance metrics developed pursuant to subsection (f)(6) to evaluate agency progress in meeting the goals and implementing the priorities described in subsection (f)(1)(A); and (D) work to ensure that sufficient resources are available for agencies to— (i) meet the goals and implement the priorities described in subsection (f)(1)(A); and (ii) implement the recommendations developed under subsection (f)(2). (d) Administration The Council on Environmental Quality shall provide administrative support and additional resources, as appropriate, to the Interagency Council to the extent permitted by law and within existing appropriations. The Interagency Council co-chairpersons shall determine the amount of funding and personnel necessary for the Interagency Council to carry out its duties and the amount of funding and personnel each agency represented on the Interagency Council should contribute in order for the Interagency Council to carry out such duties. Agencies shall, upon the request of the co-chairpersons of the Interagency Council, make available personnel, administrative support services, and information to the Interagency Council. (e) Structure (1) Steering committee The co-chairpersons of the Interagency Council shall designate a subset of members of the Interagency Council to serve on a steering committee. Such steering committee shall assist the Interagency Council in determining its priorities and its strategic direction. (2) Working groups The co-chairpersons of the Interagency Council and its steering committee may establish working groups as needed. (f) Duties (1) Goals and priorities (A) In general The Interagency Council shall establish government-wide goals and priorities for extreme weather resiliency, preparedness, and risk management. In establishing such goals and priorities, the Interagency Council shall consider the National Oil and Hazardous Materials Pollution Contingency Plan, agency continuity of operations plans, the National Preparedness Goal, the National Global Change Research Plan, and all relevant provisions of the Government Accountability Office’s High-Risk Series. (B) Incorporation into agency activities In carrying out subparagraph (A), the Interagency Council shall, in order to ensure that information relating to extreme weather resiliency, preparedness, and risk management is incorporated into everyday agency activities— (i) work with agencies to assist such agencies in considering the goals and priorities described in subparagraph (A) in agency strategic, programmatic, and budget planning; and (ii) identify details to be included in agency extreme weather plans. (2) Priority interagency Federal actions The Interagency Council shall develop, recommend, coordinate, and track implementation of priority interagency Federal Government actions related to extreme weather resiliency, preparedness, and risk management. (3) Support regional, State, local, and tribal actions The Interagency Council shall support regional, State, local, and tribal action to assess extreme weather-related vulnerabilities and cost effectively increase extreme weather resiliency, preparedness, and risk management of communities, critical economic sectors, natural and built infrastructure, and natural resources, including by— (A) conducting inventories under section 9921; (B) convening meetings under section 9922; and (C) providing guidance to agencies to produce tools and products that enhance extreme weather resiliency planning and actions, including guidance on how to prioritize funding in order to produce such tools and products. (4) Meteorological and extreme weather science The Interagency Council shall facilitate the integration of meteorological and extreme weather science in the policies and planning of agencies and the private sector, including by— (A) promoting the development of innovative, actionable, and accessible Federal extreme weather resiliency, preparedness, and risk management-related information, data, tools, and examples of successful actions at appropriate scales for decisionmakers; and (B) providing such information, data, tools, and examples to the United States Global Change Research Program to include on the Internet Web site established and maintained pursuant to section 9911. (5) High-risk report recommendations The Interagency Council shall assess the specific recommendations relating to extreme weather in all relevant provisions of the Government Accountability Office’s High-Risk Series, identify the feasibility of revising Federal programs to implement such recommendations, and develop a plan to address such recommendations when feasible. (6) Framework and performance metrics The Interagency Council shall use existing and emerging science to develop— (A) a framework for evaluating the progress and success of extreme weather resiliency, preparedness, and risk management-related efforts that is complementary to any national indicator system developed as part of the National Climate Assessment; and (B) performance metrics that allow tracking of the actions taken and progress made toward meeting the goals and implementing the priorities described in paragraph (1)(A). (7) Recommendations for the CEQ The Interagency Council shall provide recommendations to the Council on Environmental Quality on how to— (A) update agency extreme weather plans; and (B) remove barriers to State and local extreme weather resiliency, preparedness, and risk management, in agency regulations, guidance, and policies. (8) Public input and comment The Interagency Council shall solicit and incorporate public input and comment as appropriate into the decisions of the Interagency Council. (9) Inventory and meetings The Interagency Council shall conduct inventories under section 9921 and convene meetings under section 9922. (10) Definition of extreme weather The Interagency Council shall determine what other weather events (in addition to those described in section 9931(3)) qualify as extreme weather for purposes of this chapter. (11) Other duties The Interagency Council shall carry out any other duties the co-chairpersons of the Interagency Council determine appropriate. (12) Interagency Council Web site The Interagency Council shall establish and maintain an Internet Web site for tracking implementation of agency extreme weather plans, Government-wide goals and priorities described in paragraph (1)(A), and recommendations relating to extreme weather in all relevant provisions of the Government Accountability Office’s High-Risk Series, and shall make such High-Risk Series and the reports submitted under paragraph (13) available on such Web site, as the Council determines appropriate. (13) Annual report Not later than one year after the date of enactment of this chapter, and annually thereafter, the Interagency Council shall submit to Congress, and make available to the United States Global Change Research Program for inclusion in any interim report that supports the National Climate Assessment, and in the National Climate Assessment, a report that— (A) describes how the goals and priorities described in paragraph (1)(A) are being met and implemented using— (i) the performance metrics developed under paragraph (6)(B); and (ii) information on— (I) agency expenditures, broken down by program activity level if practicable, that are directly related to extreme weather resiliency, preparedness, and risk management, including extreme weather resiliency, preparedness, and risk management of Federal facilities; and (II) the effectiveness of such expenditures, along with associated financial impacts and community, infrastructure, and environmental benefits, to the extent such data are available; (B) provides recommendations to enhance the effectiveness of such implementation and sets benchmarks to meet; (C) describes the progress of the regional coordination efforts described in subchapter III; and (D) includes a summary of public comments solicited under paragraph (8) and how the Interagency Council has responded to such comments. (g) Consultation In carrying out paragraphs (2) through (12) of subsection (f), the Interagency Council shall consult with agencies, State, local, and tribal governments, academic and research institutions, and the private and nonprofit sectors. (h) CEQ guidance The Chairman of the Council on Environmental Quality, taking into consideration the recommendations provided by the Interagency Council under subsection (f)(7), shall issue guidance to agencies on— (1) developing agency extreme weather plans; and (2) developing agency regulations, guidance, and policies to remove barriers to State and local extreme weather resiliency, preparedness, and risk management. 9902. Agency planning for extreme weather-related risks (a) Agency Extreme Weather Resiliency, Preparedness, and Risk Management plans (1) Agency submission Not later than 1 year after the date of enactment of this chapter, and every 2 years thereafter, each agency shall submit to the Office of Management and Budget and to the Interagency Council a comprehensive plan that integrates consideration of extreme weather into such agency’s operations and overall mission objectives (hereinafter referred to as an agency extreme weather plan). (2) Hearing Not later than 1 year after the date of enactment of this chapter, and every 2 years thereafter, the Director of the Office of Management and Budget shall convene an interagency budget crosscut and policy hearing to review and integrate all the agency extreme weather plans and to ensure that such extreme weather plans and the activities of agencies align with the goals and priorities established under section 9901(f)(1)(A). (3) OMB submission The Director of the Office of Management and Budget shall, upon receipt of all agency extreme weather plans in a given year, consolidate, and submit to Congress, such plans. (b) Inclusions Each agency extreme weather plan shall include— (1) identification and assessment of extreme weather-related impacts on, and risks to— (A) the agency’s ability to accomplish its missions, operations, and programs; and (B) State and local entities; (2) identification and assessment of barriers posed by Federal programs the agency administers to State and local extreme weather resiliency, preparedness, and risk management efforts; (3) a description of programs, policies, and plans the agency has already put in place, as well as additional actions the agency will take, to manage extreme weather risks in the near term and build resilience in the short and long term; (4) a description of how the agency will consider the need to improve extreme weather resiliency, preparedness, and risk management, including the costs and benefits of such improvement, with respect to agency suppliers, supply chain, real property investments, and capital equipment purchases, including by updating agency policies for leasing, building upgrades, relocation of existing facilities and equipment, and construction of new facilities; (5) a description of how the agency will support any ongoing or future public/private partnership to improve extreme weather resiliency, preparedness, and risk management, including the cost and benefits of technology improvements, hardening, or rapid restoration; (6) a description of how the agency will contribute to coordinated interagency efforts to support extreme weather resiliency, preparedness, and risk management at all levels of government, including collaborative work across agencies’ regional offices and hubs, and through coordinated development of information, data, and tools, consistent with subchapter III; and (7) any other details identified by the Interagency Council under section 9901(f)(1)(B)(ii). II Assistance in Identifying the Best Available Science and Extreme Weather Resiliency, Preparedness, and Risk Management Best Practices 9911. USGCRP Web site (a) In general The United States Global Change Research Program, in consultation with the Interagency Council, shall designate an agency that participates in such Program to establish and maintain, on behalf of such Program, an Internet Web site that provides timely, actionable, and accessible extreme weather resiliency, preparedness, and risk management-related information. (b) Interagency progress The Web site established under subsection (a) shall identify interagency progress, and propose the next interagency steps, towards responding to threats posed by extreme weather. (c) Best practices The Web site established under subsection (a) shall provide best practices and examples from State, regional, and local decisionmakers in the public and private sectors about how to use extreme-weather-related information in planning and decisionmaking. (d) Interagency Council information and tools The Web site established under subsection (a) shall include the information, data, tools, and examples provided by the Interagency Council pursuant to section 9901(f)(4). (e) Best available meteorological science The Web site established under subsection (a) shall identify best available meteorological science relating to extreme weather resiliency, preparedness, and risk management. (f) Public outreach and education The United States Global Change Research Program shall designate an agency that participates in such Program to conduct outreach and educational activities to inform the public and local and State decisionmakers about the tools and information available on the Web site established under subsection (a). 9912. Adequate funding The Director of the Office of Management and Budget shall work with the United States Global Change Research Program to ensure that adequate funding is requested— (1) for the National Climate Assessment; (2) for the Internet Web site established under section 9911; and (3) to otherwise carry out this chapter. III Regional coordination 9921. Inventory (a) In general Not later than 1 year after the date of enactment of this chapter, and every 2 years thereafter, the Interagency Council, or a working group of such Interagency Council established by the co-chairpersons thereof, shall conduct and publish an inventory of all regional offices, centers, and programs of agencies that are assisting with extreme weather resiliency, preparedness, and risk management efforts at the State or local level, including— (1) the National Oceanic and Atmospheric Administration’s regional programs; (2) the Department of the Interior’s Fish and Wildlife Service Landscape Conservation Cooperatives; (3) the United States Geological Survey’s Climate Science Centers; (4) the Department of Agriculture’s Climate Hubs; (5) the regional offices of— (A) the Environmental Protection Agency; (B) the Federal Emergency Management Agency; (C) the Army Corps of Engineers; and (D) the Forest Service; and (6) such other offices, centers, and programs or other agency efforts as determined appropriate by the Interagency Council. (b) Assistance described An inventory conducted and published under subsection (a) shall include a description of the assistance each agency office, center, or program is providing to assist with extreme weather resiliency, preparedness, and risk management efforts at the State or local level. 9922. Meetings Not later than 6 months after the publication of each inventory under section 9921, the Interagency Council shall convene a meeting of representatives of the offices, centers, and programs included in such inventory to develop plans to coordinate the efforts of such offices, centers, and programs and facilitate efficient services to stakeholders. At such meetings, such representatives shall— (1) share information regarding their office, center, or program’s extreme weather resiliency, preparedness, and risk management efforts; (2) identify opportunities for collaboration and coordination of research agendas, extreme weather assessment activities, vulnerability assessments, data collection and analysis, and planning and implementing extreme weather resiliency, preparedness, and risk management projects; (3) identify extreme weather resiliency, preparedness, and risk management information needs, research gaps, and decision support needs that are not met by any of the offices, centers, or programs included in the inventory under section 9921 and provide for such identification in an agency report submitted to the Interagency Council under section 9923; (4) identify common and complementary goals for extreme weather resiliency, preparedness, and risk management within each region to be prioritized for the coming year and beyond; (5) identify barriers to regional extreme weather resiliency, preparedness, and risk management planning and implementation that can be overcome or minimized through Federal action and specific suggestions for improvement; (6) evaluate progress and jointly develop a strategy for realizing extreme weather resiliency, preparedness, and risk management-related goals, including clearly identified responsibilities by each collaborating regional office, center, or program; and (7) share experiences and best practices in stakeholder engagement and communication, decision support, and science-practice interactions that support the realization of identified extreme weather resiliency, preparedness, and risk management goals. 9923. Progress reports Not later than 90 days after each meeting under section 9922, each agency that participates in such meeting shall submit to the Interagency Council, and make available to the United States Global Change Research Program for inclusion in the National Climate Assessment, a report describing progress in regional coordination and collaboration in aligning Federal resiliency, preparedness, and risk management efforts at the State and local level, and the benefits of such regional coordination and collaboration. IV Definitions 9931. Definitions In this chapter: (1) Agency The term agency means an Executive agency, as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office. (2) Agency extreme weather plan The term agency extreme weather plan means a plan required under section 9902(a). (3) Extreme weather The term extreme weather includes observed or anticipated severe and unseasonable atmospheric conditions, including heavy precipitation, hurricanes, tornadoes and other windstorms (including derechos), extreme heat, extreme cold, sustained temperatures or precipitation that deviate from historical averages, and any other weather event that the Interagency Council determines qualifies as extreme weather. (4) Interagency Council The term Interagency Council means the Interagency Council on Extreme Weather Resiliency, Preparedness, and Risk Management established under section 9901(a). (5) National Climate Assessment The term National Climate Assessment means the assessment required under section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936). (6) National Global Change Research Plan The term National Global Change Research Plan means the National Global Change Research Plan developed under section 104 of the Global Change Research Act of 1990 (15 U.S.C. 2934), or any revision thereof. (7) United States Global Change Research Program The term United States Global Change Research Program means the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 (15 U.S.C. 2933). . (b) Clerical amendment The table of chapters at the beginning of subtitle VI of title 31, United States Code, is amended by inserting after the item relating to chapter 97 the following new item: 99. Extreme weather resiliency, preparedness, and risk management9901 . 4. Requirement to include agency extreme weather plan in agency performance plan (a) Requirement Section 1115(b) of title 31, United States Code, is amended— (1) in paragraph (9), by striking and at the end; (2) in paragraph (10), by striking the period at the end and inserting ; and; and (3) by adding at the end the following new paragraph: (11) describe the most recent agency extreme weather plan, as required under section 9902 of this title. . (b) Agencies covered Section 1115(h)(1) of such title is amended by inserting before the semicolon at the end the following: except that, for purposes of subsection (b)(11), the definition of ‘agency’ in section 9931 of this title shall apply.