CRS INSIGHT
Congressional Considerations Related to Hurricanes
Harvey and Irma
September 8, 2017 (IN10763)
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Related Author
Jared T. Brown
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Jared T. Brown, Coordinator, Analyst in Emergency Management and Homeland Security Policy (jbrown@crs.loc.gov,
7-4918)
Nicole T. Carter, Specialist in Natural Resources Policy (ncarter@crs.loc.gov, 7-0854)
Diane P. Horn, Analyst in Flood Insurance and Emergency Management (dhorn@crs.loc.gov, 7-3472)
Sarah A. Lister, Specialist in Public Health and Epidemiology (slister@crs.loc.gov, 7-7320)
William L. Painter, Specialist in Homeland Security and Appropriations (wpainter@crs.loc.gov, 7-3335)
This Insight provides a short overview of issues Congress may consider in relation to Hurricanes Harvey and Irma. It is
not intended to provide up-to-date information on unfolding events. For storm-related updates and the current status of
response efforts, see official government sources (e.g., Federal Emergency Management Agency (FEMA) and National
Weather Service), congressional advisories from government sources, and/or news media. For additional support, please
contact available CRS experts in disaster-related issue areas.
Federal Declarations and Response
As of noon on September 8, in response to Hurricanes Harvey and Irma, President Trump has issued major disaster
declarations for Texas and the U.S. Virgin Islands, and emergency declarations for Florida, Louisiana, Puerto Rico, and
South Carolina through the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act).
Depending on future consequences, major disaster declarations could yet be made for those areas that have already
received emergency declarations. These declarations can also be further amended, as has happened for the Texas
declaration, to add counties and types of assistance as warranted. The President has also amended the Texas declaration
to decrease the state cost share requirements for some of FEMA's Public Assistance (PA) grants being provided through
the Stafford Act.
The Department of Health and Human Services (HHS) has deployed several medical assets to the affected regions. The
HHS Secretary has also determined there to be a public health emergency under Section 319 of the Public Health
Service Act for Texas and Louisiana (Hurricane Harvey), and for Puerto Rico, the U.S. Virgin Islands, and Florida
(Hurricane Irma). This has allowed the Secretary to waive or modify some requirements of the Medicare, Medicaid, and
CHIP programs for the counties named in the Stafford Act declarations.
There are many deployable federal assets responding to Harvey and Irma, such as Urban Search and Rescue Task
Forces and assets from the U.S. Coast Guard, which are funded and authorized by Congress through many different
methods. The U.S. Army Corps of Engineers (USACE) conducts flood fighting and emergency operations at its projects
(e.g., Lake Okeechobee, FL). It also may perform recovery actions for emergency power, navigation channels, structural
safety and demolition, and some debris management. For information on USACE's response to hurricanes in 2017, see
CRS Insight IN10764.
Given the widespread damage from Hurricane Harvey and potential for such damage from Hurricane Irma, there is
expected to be extensive need for temporary housing and sheltering. FEMA, working alongside critical voluntary
organization partners like the American Red Cross and local governments, plays an active role in the disaster housing
mission through the Individuals and Households Program. The disaster housing response is likely to involve the use of
manufactured housing units (MHUs) owned by FEMA.
Funding Federal Response and Recovery
Special attention may be paid to the remaining balance of the Disaster Relief Fund (DRF) that pays for most of the
immediate response activities supported by the federal government, primarily through emergency work grant assistance
and direct federal assistance. Before Hurricane Harvey made landfall, the DRF had roughly $3.5 billion in total
unobligated resources available. According to FEMA, as of the morning of September 5, the DRF had $1.01 billion in
total unobligated resources. In order to conserve resources needed for response to Hurricane Harvey and Hurricane
Irma, and other time-sensitive disaster assistance, since August 28, FEMA has implemented "immediate needs funding
restrictions," which delays funding for all longer-term projects until additional resources are available.
Though the funding status of the DRF is perhaps most critical during the response phase, many other federal programs
and accounts have provided support in the past. After Hurricane Sandy, P.L. 113-2 provided supplemental funding to
over 66 different accounts and programs, including the Department of Housing and Urban Development (HUD)'s
Community Development Block Grant (CDBG) program, the Department of Transportation's Emergency Relief
Programs, and the civil works program of USACE.
On September 1, the Trump Administration requested $7.85 billion in supplemental funding for FY2018. The
Administration requested $7.4 billion for the DRF and $450 million for Small Business Administration (SBA) disaster
loans for FY2017, and signaled support for faster-than-usual apportionment of DRF funds under a possible FY2018
continuing resolution.
On September 6, the House passed the relief package requested by the Administration as an amendment to H.R. 601. On
September 7, the Senate passed an amended version, which included the House-passed funding as well as an additional
$7.4 billion for disaster relief through HUD's Community Development Fund, a short term increase to the debt limit,
and a short term continuing resolution that would fund government operations through December 8, 2017. The House
passed the Senate amended version of the bill on September 8, 2017.
Congress may also be interested in flood resilience requirements for federally funded projects. For more on federal
flood resilience policy, see CRS Insight IN10768.
National Flood Insurance Program (NFIP)
Flood insurance claims made through the NFIP will be an important source of financial assistance to policyholders in
the affected regions. However, past data on participation (i.e., penetration) rates suggest that many properties in the
special flood hazard areas (SFHAs) that have been and could be affected by the hurricanes may not have flood
insurance. By law, federal assistance to the owners of these properties is more restricted than properties with insurance
or those living outside the SFHA. Given the potential severity of the hurricanes, the NFIP may need to borrow from the
U.S. Treasury to pay future claims. As of August 27, FEMA reported that the NFIP had $1.799 billion in available funds
to pay claims, which did not include additional resources that a recent reinsurance contract may provide. The NFIP
currently owes $24.6 billion in debt to the U.S. Treasury, leaving $5.825 billion out of the total authorized $30.425
billion in borrowing authority. It is possible that this borrowing limit could be reached, in which case Congress may
consider increasing it, as was done most recently following Hurricane Sandy (P.L. 113-1). In the Texas counties
designated under the major disaster declaration, the NFIP has implemented temporary changes to the claims process to
make it possible for policyholders to receive funds more quickly.
Key provisions of the NFIP will be extended from September 30, 2017, through December 8, 2017, if the President
signs H.R. 601 as amended.