2017 Disaster Supplemental Appropriations: Overview

January 25, 2018 (R45084)
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Summary

According to the National Oceanographic and Atmospheric Administration (NOAA), 2017 was "a historic year of weather and climate disasters" for the United States. A combination of deadly hurricanes and wildfires were among the 57 major disasters declared under the Stafford Act in 2017. The series of supplemental appropriations requested and provided in the wake of 2017's hurricanes and wildfires are the latest exercise of one congressional role in disaster situations—to exercise "the power of the purse" to provide relief to state and local governments overwhelmed by disaster response and recovery needs, fund certain relief for individuals and small businesses, and to repair damage to federal facilities.

Two supplemental appropriations bills have been enacted in response to Administration requests made in September and October 2017 in the wake of these incidents, providing $34.5 billion in new budget authority and canceling $16.0 billion in debt held by the National Flood Insurance Fund. The Administration made a third supplemental appropriations request for disaster relief and recovery funding in November 2017, seeking roughly $44.0 billion in additional funding. In response, in December 2017, the House of Representatives passed H.R. 4667, which included $81.0 billion in additional funding, as well as other matters. H.R. 4667 is currently awaiting action in the Senate. This report provides a detailed breakdown of the requested, enacted, and proposed supplemental funding in each of these measures, and provides a contact listing for CRS experts on the funded relief and recovery programs.

As Congress weighs this legislation and chooses how to proceed, it faces a variety of issues, including the appropriate application of budget discipline when disaster relief is requested from the federal government, the appropriate breadth and speed of the response, and how to ensure that the funding provided is not spent on wasteful or fraudulent endeavors. This report also briefly explores those issues.


2017 Disaster Supplemental Appropriations: Overview

Overview

2017 Disasters: Hurricanes and California Wildfires

According to the National Oceanographic and Atmospheric Administration (NOAA), 2017 was "a historic year of weather and climate disasters" for the United States:

In total, the U.S. was impacted by 16 separate billion-dollar disaster events tying 2011 for the record number of billion-dollar disasters for an entire calendar year....

More notable than the high frequency of these events is the cumulative cost, which exceeds $300 billion in 2017—a new U.S. annual record. The cumulative damage of these 16 U.S. events during 2017 is $306.2 billion, which shatters the previous U.S. annual record cost of $214.8 billion (CPI-adjusted), established in 2005 due to the impacts of Hurricanes Dennis, Katrina, Rita and Wilma.1

As of December 2017, the 2017 hurricane season was the seventh most active on record in the Atlantic Basin, according to the National Hurricane Center.2 Four named storms made landfall on U.S. soil, three of which were major hurricanes, causing hundreds of billions of dollars in damage. Concurrently, a series of deadly wildfires began to ravage California, including some of the largest wildfires in the state's history. In total, 57 major disasters3 were declared under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq., henceforth the Stafford Act).

Hurricane Harvey

Hurricane Harvey made landfall on August 25, 2017, on San Jose Island, TX, as a Category 3 hurricane. Harvey was the first hurricane to strike the coast of Texas since 2008 (Hurricane Ike) and the first major hurricane to strike South Texas since 1970 (Hurricane Celia).4 The storm remained over southeast Texas for several days. According to the National Weather Service, the storm produced "catastrophic devastating and deadly flash and river flooding. Southeast Texas beared [sic] the brunt of the heavy rainfall, with some areas receiving more than 40 inches of rain in less than 48 hours! Cedar Bayou in Houston received a storm total of 51.88 inches of rainfall which is a new North American record."5 The storm returned to the Gulf of Mexico and made a final landfall near Cameron, LA, on August 30.6

Hurricane Irma

Hurricane Irma was "the strongest hurricane ever observed in the open Atlantic Ocean" according to the National Weather Service.7 It was one of five observed in the Atlantic Basin that attained Category 5 strength—characterized by sustained winds of 185 miles per hour.8 Irma passed just north of the U.S. Virgin Islands and Puerto Rico on September 6, 2017, at Category 5 strength, causing significant damage. After proceeding west and weakening slightly, Irma turned north, making landfall on September 10, first on Cudjoe Key as a Category 4 storm, then on Marco Island as a Category 3 storm. Irma then moved up the west coast of Florida on September 10 and 11, delivering heavy rains, strong winds, and storm surge flooding up the peninsula, with storm impacts extending into Florida's panhandle and into southern Georgia and Alabama.9

Hurricane Maria

Hurricane Maria intensified from a Category 1 storm to a Category 5 storm on September 18, 2017—the second such storm to do so in the Caribbean during the 2017 hurricane season. Hurricane-force winds from the storm struck the U.S. Virgin Islands and Puerto Rico early in the morning on September 20, 2017, with the storm making landfall as a strong Category 4 storm in Yabucoa, Puerto Rico. The storm moved northwest across the island, moving offshore in the early afternoon, although sustained heavy winds continued throughout the evening and overnight hours.10 Although the storm passed close by the Dominican Republic and the Bahamas, and remained for several days off the cost of Virginia and the Carolinas, it did not make additional landfalls on U.S. territory.11

California Wildfires

According to the National Wildfire Center Coordinated Group's website, in the last 120 days of 2017, California faced 42 separate wildfire incidents. These fires have burned over 700,000 acres and damaged or destroyed more than 9,000 structures, exceeding the total acres burned in the state in 2016 (560,815) and the structures destroyed nationwide (4,132) that year.12 The largest of these was the Thomas Fire in Ventura and Santa Barbara Counties, which began on December 4, 2017, and which, fed by strong winds and dry conditions, is the largest wildfire on record in the state and has destroyed or damaged over 1,000 structures.

2017 Disaster Supplemental Appropriations

Enacted 2017 Hurricane Season Supplemental Appropriations

Congress has passed two supplemental appropriations bills in response to Administration requests made in September and October 2017 in the wake of these incidents. Table 1 outlines the two requests and enacted appropriations.

September 2017 Requested Supplemental

On September 1, 2017, the Trump Administration requested $7.85 billion in supplemental funding.13 The Administration requested $7.4 billion for the Disaster Relief Fund (DRF) and $450 million for Small Business Administration (SBA) disaster loans for FY2017, and signaled support for authorizing the Federal Emergency Management Agency (FEMA) to obligate funds in the DRF at an accelerated rate that would make up to $6.7 billion available during the period of 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 the bill further amended to include an additional $7.4 billion for disaster relief through the Department of Housing and Urban Development's Community Development Fund, a short-term increase to the debt limit, and a continuing resolution to fund government operations through December 8, 2017. The House subsequently passed the Senate amended version of the bill on September 8, 2017, and it was signed into law by President Trump the same day (P.L. 115-56).

October 2017 Requested Supplemental

On October 4, 2017, the Trump Administration made an additional request for $12.7 billion for the DRF, and $16 billion in debt cancellation for the National Flood Insurance Fund (NFIF).14 On October 12, the House passed H.R. 2266 with a further House amendment to a Senate amendment to the measure, which had previously concerned bankruptcy judgeships. The further House amendment included $18.67 billion for the DRF, and also allowed some of that funding to be transferred to two other programs: $4.9 billion would go to FEMA's Disaster Assistance Direct Loan Program account, and $10 million to the Department of Homeland Security (DHS) Office of Inspector General for oversight of disaster related activities. The measure also included $577 million for the costs of fighting wildfire on federal lands, and authority to use $1.27 billion of reserve funds for a grant to support nutrition assistance programs in Puerto Rico. The bill subsequently was signed into law as P.L. 115-72 on October 26, 2017.

Table 1 details the requested and enacted appropriations in the wake of the storms and fires of 2017 by subcommittee of jurisdiction. Items in brackets reflect funding provided by an authorization of the use of previously appropriated funds or transfers from elsewhere in the legislation.

Table 1. Enacted Supplemental Appropriations After 2017 Hurricanes

($millions, rounded, discretionary budget authority)

Appropriations Subcommittee

FY2017

FY2018

Totals

Agency/Bureau

       Appropriation

9/1/17 Request

P.L. 115-56

10/4/17 Request

P.L. 115-72

Requested

Enacted

Agriculture

 

 

 

 

Department of Agriculture

 

 

 

 

 

 

Supplemental Nutrition Assistance Programa

[1,270]a

[1,270]a

Financial Services/General Government

 

 

 

 

Small Business Administration

 

 

 

 

 

 

Disaster Loan Program

450

450

450

450

Homeland Security

 

 

 

 

Department of Homeland Security

 

 

 

 

 

 

Office of Inspector General

 

 

 

 

 

 

Operations and Supportb

[10]b

[10]b

Federal Emergency Management Agency

 

 

 

 

 

 

Disaster Relief Fund (DRF)

7,400

7,400

12,700

18,670

20,100

26,070

DRF after Transfers

7,400

7,400

12,700

13,760

20,100

21,160

Disaster Assistance Direct Loan Program Accountb

 

 

[4,900]b

[4,900]b

National Flood Insurance Fundc

16,000c

16,000c

16,000c

16,000c

Interior/Environment

 

 

 

 

Forest Service

 

 

 

 

 

 

Wildland Fire Management

185

185

FLAME Wildfire Suppression Reserve Fund

342

342

Department of the Interior

 

 

 

 

 

 

Department-wide Programs

 

 

 

 

 

 

Wildland Fire Management

 

50

 

50

Transportation/Housing and Urban Development

 

 

 

 

Department of Housing and Urban Development

 

 

 

 

 

 

Community Development Fund

7,400

7,400

Source: CRS analysis of OMB request letters, P.L. 115-56 and P.L. 115-72.

Notes:

a. P.L. 115-72 authorized the use of Supplemental Nutrition Assistance Program contingency reserve funds for a grant to support Puerto Rico's Nutrition Assistance Program through the end of FY2019.

b. Provided as a transfer from the DRF.

c. This is a cancellation of debt owed by the fund, rather than an appropriation.

November Requested Supplemental Appropriations

The Administration made a third supplemental appropriations request for disaster relief and recovery funding on November 17, 2017, seeking roughly $44.0 billion in additional funding.15

On December 18, 2017, H.R. 4667 was introduced with House Appropriations Committee language prepared in response to this request. The measure included roughly $81 billion in additional funding, as well as other matters, including disaster recovery reform, agriculture assistance, and nutrition assistance.16

On December 21, 2017, H.R. 4667 was brought to the House Floor under the terms of H.Res. 670, a resolution reported from the House Committee on Rules which added additional disaster-related tax provisions and a designation of low-income communities in Puerto Rico as opportunity zones. The bill passed the House 251-169, and was sent to the Senate, which has not taken further action.17

Table 2 provides a breakdown of the supplemental appropriations requests by subcommittee of jurisdiction, and the response by the House of Representatives in Division A of H.R. 4667. Requests for specific authorities or legislative language are included based on the CBO's scoring of the provisions included in the committee print. For details on program operations and funding, as well as these other requests, see the CRS experts list included at the end of the report.

Table 2. Third 2017 Hurricane Season Supplemental Appropriations Request

($millions, rounded, budget authority)

Appropriations Subcommittee

Department/Agency

Bureau or Other Entity

Account

Request

House-Passed H.R. 4667, Div. A

Agriculture

$992

$3,801

Department of Agriculture

Office of the Secretary

[Block Grants for Agricultural Disasters]

2,600

 

Office of Inspector General

Office of Inspector General

1

3

 

Agricultural Research Service

Buildings and Facilities

22

22

 

Farm Service Agency

Emergency Conservation Program

375

400

 

 

Emergency Forest Restoration Program

50

 

 

Emergency Assistance for Livestock, Honey Bees, and Farm-raised Fisha

40

20

 

Natural Resources Conservation Service

Watershed and Flood Prevention Operations

500

541

 

Rural Development

Rural Housing Insurance Fund Program Account

4

19

 

 

Rural Water and Waste Disposal Program

165

 

Food and Nutrition Service

Commodity Assistance Program

24

 

 

 

 

 

Department of Health and Human Services

Food and Drug Administration

Buildings and Facilities

8

 

 

 

 

 

Commerce/Justice/Science

494

984

Department of Commerce

Economic Development Administration

Economic Development Assistance Programs

300

600

 

National Oceanic and Atmospheric Administration

Operations, Research, and Facilities

51

121

 

 

Procurement, Acquisition and Construction

29

79

Department of Justice

United States Marshals Service

Salaries and Expenses

3

 

Federal Bureau of Investigation

Salaries and Expenses

5

21

 

Drug Enforcement Administration

Salaries and Expenses

2

12

 

Federal Prison System

Salaries and Expenses

11

16

 

 

Buildings and Facilities

30

34

National Aeronautics and Space Administration

n/a

Construction and Environmental Compliance and Restoration

58

81

National Science Foundation

n/a

Research and Related Activities

8

16

Legal Services Corporation

n/a

Payment to the Legal Services Corporation

1

Defense

442

434

Department of Defense

Operation and Maintenance

Operations and Maintenance, Army

20

20

 

 

Operations and Maintenance, Navy

268

268

 

 

Operations and Maintenance, Marine Corps

18

18

 

 

Operations and Maintenance, Air Force

21

21

 

 

Operations and Maintenance, Defense-wide

3

3

 

 

Operations and Maintenance, Army Reserve

13

13

 

 

Operations and Maintenance, Navy Reserve

3

3

 

 

Operations and Maintenance, Air Force Reserve

6

6

 

 

Operations and Maintenance, Army National Guard

55

55

 

Procurement

Other Procurement, Navy

26

18

 

Revolving and Management Funds

Working Capital Fund, Navy

9

9

 

Other Department of Defense Programs

Defense Health Program

1

1

Energy And Water Development

515

12,112

Corps of Engineers—Civil Works

n/a

Investigations

75

 

n/a

Construction

15

10,480

 

n/a

Mississippi River and Tributaries

370

 

n/a

Operations and Maintenance

323

608

 

n/a

Flood Control and Coastal Emergencies

162

537

 

n/a

Expenses

20

Department of Energy

Energy Programs

Electricity Delivery and Energy Reliability

10

13

 

 

Strategic Petroleum Reserve

6

9

Financial Services and General Government

1,786

1,786

General Services Administration

Real Property Activities

Federal Buildings Fund

122

127

Small Business Administration

Small Business Administration

Disaster Loans Program Account

1,652

1,652

 

 

Office of Inspector General

7

7

Judicial Branch

Courts of Appeals, District Courts, and Other Judicial Services

Salaries and Expenses

5

Homeland Security

 

 

24,164

28,612

Department of Homeland Security

Office of Inspector General

Operations and Support

25

 

U.S. Customs and Border Protection

Operations and Support

146

104

 

 

Procurement, Construction, and Improvements

3

3

 

U.S. Immigration and Customs Enforcement

Operations and Support

36

31

 

 

Procurement, Construction, and Improvements

33

33

 

Transportation Security Administration

Operations and Support

11

10

 

United States Coast Guard

Operating Expenses

112

112

 

 

Environmental Compliance and Restoration

4

 

 

Acquisition, Construction, and Improvements

312

719

 

Federal Emergency Management Agency

Operations and Support

59

 

 

Procurement, Construction, and Improvements

1

 

 

Disaster Relief Fund

23,500

27,500

 

Federal Law Enforcement Training Center

Operations and Support

5

5

 

 

Procurement, Construction, and Improvements

4

5

Interior/Environment

576

616

Department of the Interior

United States Fish and Wildlife Service

Construction

211

211

 

National Park Service

Operation of the National Park System

25

 

 

Construction (and Major Maintenance)

183

208

 

 

Historic Preservation Fund

18

18

 

United States Geological Survey

Surveys, Investigations, and Research

33

42

 

Insular Affairs

Assistance to Territories

3

 

Office of Inspector General

Salaries and Expenses

3

Environmental Protection Agency

n/a

Hazardous Substance Superfund

3

6

 

n/a

Leaking Underground Storage Tank Trust Fund

7

7

Department of Agriculture

Forest Service

State and Private Forestry

8

8

 

 

National Forest System

21

21

 

 

Capital Improvement and Maintenance

69

92

Labor/Health and Human Services/ Education

1,518

3,988

Department of Labor

Employment and Training Administration

Training and Employment Services

30

 

 

Job Corps

31

31

 

 

Unemployment Trust Fundb

-1

-1

Department of Health and Human Servicesc

Centers for Disease Control and Prevention (CDC)

CDC-Wide Activities and Program Support

200

 

Departmental Management

Public Health and Social Services Emergency Fund

252

177

 

Administration for Children and Families

Children and Families Services Programs (Head Start)

650

Department of Education

Hurricane Education Recovery

Hurricane Education Recoveryd

1,235

2,900

Legislative Branch

 

 

14

Government Accountability Office

n/a

Salaries and Expenses

14

Military Construction/Veteran Affairs

814

814

Department of Defense

Military Construction

Navy and Marine Corps

202

202

 

 

Army National Guard

519

519

Department of Veterans Affairs

Veterans Health Administration

Medical Services

11

11

 

 

Medical Support and Compliance

3

3

 

 

Medical Facilities

75

75

 

Departmental Administration

Construction, Minor Projects

4

4

Transportation/Housing and Urban Development

12,696

27,828

Department of Transportation

Federal Aviation Administration

Operations (Airport and Airway Trust Fund)

35

 

 

Facilities and Equipment (Airport and Airway Trust Fund)

72

80

 

Federal Highway Administration

Emergency Relief Program

416

1,374

 

Federal Transit Administration

Public Transportation Emergency Relief Program

199

269

 

Maritime Administration

Operations and Training

10

10

Department of Housing and Urban Development

Community Planning And Development

Community Development Fund

12,000

26,060

TOTAL

 

 

43,996

81,024

Source: CRS analysis of November 17, 2017, supplemental request letter, Division A of H.R. 4667, Rules Committee Print 115-50, and the associated CBO scoring documents.

Notes: The table does not reflect budgetary impacts beyond the supplemental appropriations title (Division A).

a. The Administration proposed adding $40 million for the Farm Service Agency's Emergency Assistance for Livestock, Honey Bees, and Farm-raised Fish program in addition to $20 million in existing statute. The House bill would change the limit in statute to $40 million annually; CBO scores this provision (Sec. 101 of H.R. 4667) as resulting in $20 million in additional spending in FY2018, as well as for each fiscal year going forward.

b. The Administration proposed suspending through FY2018 the $1.5 million in interest payments owed by the Virgin Islands to the Unemployment Trust Fund. CBO scores this provision (Sec. 804 of H.R. 4667) as a $1 million reduction in budget authority in FY2018.

c. The Administration proposed permanent legislative language for the Department of Health and Human Services, increasing the annual Repatriation funding cap from $1 million to $10 million. As this provision was not included in H.R. 4667 or the committee print, no CBO score is available and it is not included in the table.

d. H.R. 4667 would provide up to $320 million for Institutions of Higher Education, with the remainder of the funding being for K-12 education.

Issues in Disaster Relief Appropriations

The series of supplemental appropriations requested and provided in the wake of 2017's hurricanes and wildfires are the latest exercise of the congressional role—to exercise "the power of the purse" to provide relief to state and local governments overwhelmed by disaster response and recovery needs, fund certain relief for individuals and small businesses, and to repair damage to federal facilities.

Federal budget control laws outline two exemptions to discretionary spending limits to facilitate these efforts: a limited exemption for the specific purpose of paying the costs of major disasters declared under the Stafford Act, and an unlimited exemption that can be applied to meet emergency requirements. Although these exemptions are in law, and precedents for not directly reducing spending to offset many types of disaster costs exist, Congress periodically debates amendments to offset some or all of the cost of emergency and disaster relief appropriations measures. Congress often asks questions about how quickly relief and recovery funding is made available, and how it can ensure that the funding provided is not spent in wasteful or fraudulent endeavors.

Adjustments to Spending Limits Under the Budget Control Act for Disaster Relief

The Budget Control Act (BCA, P.L. 112-25), passed in the first session of the 112th Congress as part of a deal to raise the debt limit, placed statutory limits on discretionary spending. The BCA also provided exceptions to those limits for a number of purposes. One such exception was a long-standing exception for funding designated as an emergency requirement.18

The Budget Control Act of 1990 had previously established an adjustment to discretionary spending limits to accommodate spending that both the President and Congress designate as an emergency requirement. Prior to the enactment of the BCA, this adjustment was frequently used to provide funding for the disaster response and recovery. However, it was also used for a broad variety of other purposes, some instances of which sparked debate over whether the designated funding was truly for unanticipated "emergency" needs,19 and stoked controversy in some quarters over the potential for abuse.20

When the BCA was passed, it provided for the emergency designation, as well as a more specifically defined limited adjustment specifically for disaster relief, distinct from emergency funding. The BCA defined "disaster relief" as being federal government assistance provided pursuant to a major disaster declared under the Stafford Act. Funding designated as disaster relief in future spending bills could be "paid for" by adjusting upward the discretionary spending caps. This allowable adjustment for disaster relief is limited, however, to an amount based on a modified 10-year rolling average of what has been spent by the federal government on relief efforts for major disasters.21

The allowable adjustment for disaster relief does not, however, act as a limit on federal appropriations for disaster assistance. When Congress provides more funding for disaster relief than can be covered by the disaster relief adjustment in a given fiscal year, as was the case for Hurricane Sandy and the 2017 disasters, the emergency designation may be used for such funding.22

Offsetting Disaster Relief

Periodically, Congress has weighed whether some of all of the costs associated with disaster relief should be offset by cuts to other spending. The BCA spending caps would not need to be adjusted for funding that is offset. In most cases between 1990 and 2017 FEMA's DRF generally has been given a priority status for prompt funding in times of need, without offsetting spending reductions. Disaster assistance from other agencies has at times been funded through shifting resources from one program to another through appropriations legislation, but such activity is relatively rare. The largest single occurrence of this was in the wake of Hurricane Katrina, when P.L. 104-134 rescinded $23.4 billion from the DRF and subsequently appropriated a similar amount to other agencies to meet disaster response and recovery needs.23

The question of offsets was salient in the wake of Hurricane Sandy. Beginning in November 2012 there were calls for supplemental appropriations for Hurricane Sandy relief efforts, 24 as well as calls for offsets to pay for them.25 On December 7, 2012, the Obama Administration requested $60.4 billion in supplemental appropriations in connection with Hurricane Sandy, including $11.5 billion for the DRF. The preamble to the request specifically opposed offsetting the cost of the legislation,26 and although amendments to offset the cost of the legislation were considered in the House and Senate, they did not become law.27

During Senate debate on a Hurricane Sandy supplemental appropriations bill, a point of order was raised against the emergency designation for $3.4 billion in Army Corps of Engineers Construction appropriation for disaster mitigation projects. This point of order was sustained, eliminating the emergency designation for that particular appropriation. This meant that the $3.4 billion for the mitigation projects would count against the discretionary spending limits imposed by the BCA, limiting the amount that could be provided for other discretionary appropriations. At the time, some observers critical of the move considered this as setting a precedent by effectively requiring an offset for disaster assistance. Others considered this as including part of the cost of disaster preparedness (as opposed to disaster relief) within the discretionary budget.28

All three of the Trump Administration's supplemental appropriations requests have sought an emergency designation for the funding that would be provided in the legislation. However, unlike the Trump Administration's first two requests for supplemental disaster relief funding, the November 2017 request sought to offset some of the additional spending as well, suggesting $14.8 billion in rescissions and spending cuts and $44.4 billion in savings from extending the non-defense discretionary spending limits for two additional years. Many of the rescissions and spending cuts had already been proposed in the Administration's FY2018 budget request.29 The House, however, did not elect to include these offsets in H.R. 4667, the bill it passed in response to the November 2017 request.

The "Appropriate" Scope of a Supplemental Appropriation

Basic descriptions of appropriations legislation often focus on three factors: what entity is being funded, for what purpose, and how much is being provided. In the case of regular annual appropriations, the answer to the first two questions is largely determined by which subcommittee is drafting the measure, and the third is limited by the level of budget authority suballocated to that subcommittee from the allocation of total budgetary resources available to the Appropriations Committee.30

Jurisdiction over supplemental appropriations, however, is generally reserved for the full Appropriations Committee, and may incorporate provisions from multiple subcommittees. In addition, when supplemental spending is designated as an emergency requirement (as is typically the case with disaster relief), it is often considered outside the constraints of a single subcommittee's suballocation. The scope, purpose, and size of a supplemental appropriations measure is instead typically driven by an event or events, the unfunded needs such events generate, and the associated political support for considering and enacting the legislation. In the case of disaster relief supplemental appropriations measures, these conductors may include a single unanticipated catastrophic event, a series of events over time, events occurring as the legislation is being developed and considered, or a combination of all three.

Although the colloquial naming practice of recent years has associated supplemental appropriations legislation with a particular event or problem that has drawn public attention, it is rare to have a supplemental appropriations bill focus on a single event to the exclusion of all other purposes.

For example, the "Hurricane Sandy" supplemental appropriations act (P.L. 113-2) had uniform language that specified many of its appropriations were "for necessary expenses related to the consequences of Hurricane Sandy." Most of these were for funding to accounts that usually do not provide traditional disaster assistance.

However, 10 provisions in the act did not carry that specific language. Five of them were for disaster relief-specific programs. The single largest appropriation, $16 billion for disaster relief through the Department of Housing and Urban Development's Community Development Fund, was available for disaster relief and long-term recovery from major disasters that occurred from 2011 to 2013. The second-largest appropriation, $11.5 billion for the DRF, also did not have language limiting its use. Appropriations for the FEMA's DRF are regularly obligated to relief and recovery efforts from multiple disasters across many fiscal years, regardless of the legislative vehicle that provided them. For example, before passage of the "Sandy Supplemental," FEMA had already obligated almost $3.4 billion from the DRF for declarations linked to Hurricane Sandy from appropriations provided in other measures,31 and at of the end of 2017, almost twice the amount provided in the "Sandy Supplemental" for the DRF had been obligated by FEMA pursuant to disaster declarations from the storm.32 Similarly, funding for the DRF from recent supplemental appropriations will also be obligated for a wide range of recently declared and impending disasters.

Among the other appropriations not specifically directed to the consequences of Hurricane Sandy in P.L. 113-2 were funding for mitigation of the risks of future disasters through the U.S. Army Corps of Engineers and Department of Transportation, and funding to support or improve monitoring or forecasting of severe weather through the National Oceanographic and Atmospheric Administration.

Timeline for Obligation

Once Congress appropriates funding for disaster relief and recovery costs, the timeline for when that funding is used varies significantly from program to program. Within the DRF, some costs are borne up front, such as emergency protective measures and much of the individual assistance program, and funding is obligated and expended relatively quickly. Others are for costs incurred by state and local governments that are reimbursed by the federal government—projects to restore major infrastructure often follow this model and can take an extremely long time to obligate and spend the appropriated funding (e.g., FEMA's Public Assistance Grant Program). Other redevelopment funds may take time to be obligated as eligible state and local governments must develop a plan and have it approved—this process cannot begin until the funds are provided to the program and official announcements of the grant competition process are made (e.g., HUD's Community Development Block Grant Program).

Oversight of Spending

Concerns about waste, fraud, and abuse exist in a variety of federal programs, but supplemental disaster relief often receives special attention due to the fact that it is unusual, highly visible, provided in chaotic situations, and meant to address pressing needs. However, effective tracking of disaster relief spending by the federal government has been difficult.

In September 2016, the Government Accountability Office (GAO) released a report on disaster assistance provided by the federal government over the 10-year period from FY2005 through FY2014. GAO analysts attempted to survey disaster relief provided by 17 federal departments and agencies, and although they were able to identify over $277 billion in obligations for disaster relief provided over that period, obligations were not separately tracked for all disaster-applicable programs and activities. GAO noted in the report that:

At least 5 federal departments and agencies reported that some disaster assistance programs or activities are not separately tracked because spending related to these activities is generally subsumed by a department's general operating budget or mission-related costs. For example, U.S. Coast Guard officials stated that most of the agency's disaster-related costs are associated with maintaining a constant state of readiness to immediately respond to disaster and emergency incidents, which is funded from the U.S. Coast Guard search and rescue appropriation and is not separately tracked. Similarly, the Army has deployed personnel in anticipation of a possible disaster event, even when FEMA has not requested the support. If a disaster does not occur or the activity does not result in a FEMA mission assignment, the Army will not be reimbursed for prepositioning personnel or assets in anticipation of an event and therefore may categorize the expenditure as training in the event of a disaster. Another 4 federal departments and agencies reported that obligations and expenditures specific to disaster assistance activities are not tracked or cannot be reliably estimated because there is no requirement for state or other recipients of the financial support to indicate whether or how much of the funding or assistance is used for disasters.33

Placing consistent reporting requirements on agencies providing assistance through disaster-applicable programs would be one way to obtain a clearer picture of precisely how much the federal government is spending on disaster relief and recovery. Such reporting requirements could include pass-through requirements to state and local governments that receive the funds to provide contract and subcontract data to the providing federal agency. This could help inform budgeting decisions, and determine if a particular program is providing fewer resources than anticipated to its non-disaster missions. On its own, however, such information cannot provide an answer to questions of whether such funds are subject to waste, fraud, or abuse. Answering such questions requires detailed analysis of the individual programs and activities funded, how they complement or duplicate other assistance programs, and whether they are providing the assistance Congress intended.

Tracking Hurricane Sandy Funding

In the wake of Hurricane Sandy, a provision of P.L. 113-2 specifically authorized the Recovery and Transparency Board (RATB) to "develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in the obligation and expenditure of funds" provided in the act.34 Pursuant to this authorization, the RATB, which was originally established to track funding through the American Recovery and Reinvestment Act of 2009, developed a website containing quarterly financial reports, a map of where contracts have been awarded, and other useful summaries of spending under the Disaster Relief Appropriations Act, 2013. The RATB had its mission extended and funded by Congress for FY2015,35 but its authority lapsed at the end of that year and it shut down.

The Department of Housing and Urban Development (HUD) established a Program Management Office (PMO) in February 2013 to monitor funding flows for Hurricane Sandy Recovery. They coordinated their efforts with the RATB and provided public information on the status of funding as reported by the agencies. As of November 2014, the responsibilities of the HUD Sandy PMO were transferred to FEMA's Office of Federal Disaster Coordination (OFDC), and it was the only remaining source of interagency spending information of funds appropriated in P.L. 113-2.36

The authoritativeness of the data that was gathered by the RATB and the PMO was arguably limited by the fact that the agencies reporting their data did not use a consistent methodology. For example, while some agencies reported specifically on the resources provided by P.L. 113-2, FEMA provided information on all obligations for Hurricane Sandy response and recovery—those funded by previous appropriations as well as those funded by P.L. 113-2.37 This difference means the FEMA-reported data is not comparable with that of other agencies or departments.

In addition, agencies have different roles to play and engage in their relief activities on different timelines—some of FEMA's programs provide assistance in the initial response phases, while other agencies' programs support later recovery work, including reimbursement for completed projects years later. A comparison of how quickly programs obligate funding should take differences in mission and program structure into account.

2017 Hurricane Season Supplemental Appropriations: CRS Experts

The following list provides a point of contact for questions regarding the particular appropriations provided in the various supplemental bills considered or enacted in the wake of the 2017 hurricane season. Appropriations or legislative provisions are listed by the appropriations subcommittee to which CBO attributes their scoring.

Table 3. Selected CRS Experts by Appropriations Subcommittee

Agency

Bureau

Account

Background Report(s)

Expert, Email, and Phone

AGRICULTURE

 

 

 

 

Department of Agriculture

Office of the Secretary

(Block Grants for Agricultural Disasters)

CRS Insight IN10843, Supplemental Appropriations Proposed for Agriculture

CRS Report R42854, Emergency Assistance for Agricultural Land Rehabilitation

CRS In Focus IF10565, Federal Disaster Assistance for Agriculture

CRS Report RS21212, Agricultural Disaster Assistance

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

Agricultural Research Service

Buildings and Facilities

 

 

 

Farm Service Agency

Emergency Conservation Program / Emergency Forest Restoration Program / Emergency Assistance for Livestock, Honey Bees, and Farm-raised Fish

 

 

 

Natural Resources Conservation Service

Watershed and Flood Prevention Operations

 

 

 

Rural Development

Rural Housing Insurance Fund Program Account

CRS Report RL31837, An Overview of USDA Rural Development Programs

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

 

Rural Water and Waste Disposal Program

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

Food and Nutrition Service

Commodity Assistance Program / Supplemental Nutrition Assistance Program

CRS Insight IN10843, Supplemental Appropriations Proposed for Agriculture

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Department of Health and Human Services

Food and Drug Administration

Buildings and Facilities

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

COMMERCE, JUSTICE, SCIENCE AND THE JUDICIARY

Department of Commerce

Economic Development Administration

Economic Development Assistance Programs

 

[author name scrubbed]. [email address scrubbed], [phone number scrubbed]

 

National Oceanic and Atmospheric Administration

Operations, Research, and Facilities / Procurement, Acquisition and Construction

 

Harry Upton, [email address scrubbed], [phone number scrubbed]

Department of Justice

United States Marshals Service

Salaries and Expenses

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

Federal Prison System

Salaries and Expenses / Buildings and Facilities

 

 

 

Federal Bureau of Investigation

Salaries and Expenses

 

 

 

Drug Enforcement Administration

Salaries and Expenses

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

National Aeronautics and Space Administration

n/a

Construction and Environmental Compliance and Restoration

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

National Science Foundation

n/a

Research and Related Activities

CRS Report R45009, The National Science Foundation: FY2018 Appropriations and Funding History

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Legal Services Corporation

n/a

Payment to the Legal Services Corporation

CRS Report RL34016, Legal Services Corporation: Background and Funding

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

DEFENSE

 

 

 

 

Department of Defense

Operation and Maintenance

Operations and Maintenance, Army / Navy / Marine Corps / Air Force / Defense-Wide / Army Reserve / Navy Reserve / Air Force Reserve / Army National Guard

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

Procurement

Other Procurement, Navy

 

 

Department of Defense (cont.)

Revolving and Management Funds

Working Capital Fund, Navy

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

Other Department of Defense Programs

Defense Health Program

 

 

ENERGY AND WATER

 

 

 

 

Corps of Engineers—Civil Works

n/a

Investigations / Construction / Mississippi River and Tributaries / Operations and Maintenance / Flood Control and Coastal Emergencies / Expenses

CRS Report R42841, Army Corps Supplemental Appropriations: History, Trends, and Policy Issues

Nicole Carter, [email address scrubbed], [phone number scrubbed]

Department of Energy

Energy Programs

Electricity Delivery and Energy Reliability

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

 

Strategic Petroleum Reserve

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

FINANCIAL SERVICES AND GENERAL GOVERNMENT

General Services Administration

Real Property Activities

Federal Buildings Fund

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Small Business Administration

Small Business Administration

Disaster Loans Program Account

CRS Report R44412, SBA Disaster Loan Program: Frequently Asked Questions

Bruce Lindsay, [email address scrubbed], [phone number scrubbed]

Judicial Branch

Courts of Appeals, District Courts, and Other Judicial Services

Salaries and Expenses

 

Barry McMillion, [email address scrubbed], [phone number scrubbed]

HOMELAND SECURITY

 

 

 

 

Department of Homeland Security

U.S. Customs and Border Protection

Operations and Support / Procurement, Construction, and Improvements

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

U.S. Immigration and Customs Enforcement

Operations and Support / Procurement, Construction, and Improvements

 

 

 

Transportation Security Administration

Operations and Support

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

United States Coast Guard

Operating Expenses / Environmental Compliance and Restoration / Acquisition, Construction, and Improvements

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

Federal Emergency Management Agency

Operations and Support / Procurement, Construction, and Improvements / Disaster Relief Fund

CRS Insight IN10810, Natural Disasters of 2017: Congressional Considerations Related to FEMA Assistance

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Bruce Lindsay, [email address scrubbed], [phone number scrubbed]

 

 

Disaster Assistance Direct Loan Program

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

 

National Flood Insurance Program

CRS Insight IN10768, Floodplain Management and Flood Resilience: Current Policy and Considerations for Congress

Diane Horn, [email address scrubbed], [phone number scrubbed]

 

Federal Law Enforcement Training Center

Operations and Support / Procurement, Construction, and Improvements

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

INTERIOR AND ENVIRONMENT

Department of the Interior

United States Fish and Wildlife Service

Construction

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

National Park Service

Operation of the National Park System / Historic Preservation Fund / Construction

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

United States Geological Survey

Surveys, Investigations, and Research

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

Insular Affairs

Assistance to Territories

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Environmental Protection Agency

n/a

Hazardous Substance Superfund / Leaking Underground Storage Tank Trust Fund

 

Rob Esworthy, [email address scrubbed], [phone number scrubbed]

Department of Agriculture

Forest Service

State and Private Forestry / National Forest System / Capital Improvement and Maintenance

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Multiple Departments within the Subcommittee

Department of the Interior and U.S. Forest Service

Wildland Fire Management

CRS Report R45005, Wildfire Management Funding: Background, Issues, and FY2018 Appropriations

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND OTHER RELATED AGENCIES

Department of Labor

Employment and Training Administration

Training and Employment Services / Job Corps

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

n/a

Unemployment Trust Fund

 

 

Department of Health and Human Services

Centers for Disease Control and Prevention (CDC)

CDC-Wide Activities and Program Support

 

Sarah Lister, [email address scrubbed], [phone number scrubbed]

 

Departmental Management

Public Health and Social Services Emergency Fund

 

 

 

Administration for Children and Families

Children and Families Services Programs (Head Start)

CRS Report RL30952, Head Start: Background and Funding

Karen Lynch, [email address scrubbed], [phone number scrubbed]

Department of Education

Hurricane Education Recovery

Hurricane Education Recovery

CRS Report R42881, Education-Related Regulatory Flexibilities, Waivers, and Federal Assistance in Response to Disasters and National Emergencies

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

MILITARY CONSTRUCTION / VETERANS AFFAIRS

Department of Defense

Military Construction

Navy and Marine Corps / Army National Guard

 

Lynn Williams, [email address scrubbed], [phone number scrubbed]

Department of Veterans Affairs

Veterans Health Administration

Medical Services / Medical Support and Compliance / Medical Facilities

CRS Report R45047, Department of Veterans Affairs FY2018 Appropriations

Sidath Panangala, [email address scrubbed], [phone number scrubbed]

 

Departmental Administration

Construction, Minor Projects

 

 

TRANSPORTATION / HOUSING AND URBAN DEVELOPMENT

Department of Transportation

Federal Aviation Administration

Operations / Facilities and Equipment (Airport and Airway Trust Fund)

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

 

Federal Highway Administration

Emergency Relief Program

CRS Report R43384, Emergency Relief for Disaster-Damaged Roads and Transit Systems: In Brief

Robert Kirk, [email address scrubbed], [phone number scrubbed]

 

Federal Transit Administration

Public Transportation Emergency Relief Program

 

William Mallett, [email address scrubbed], [phone number scrubbed]

 

Maritime Administration

Operations and Training

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Department of Housing and Urban Development

Community Planning And Development

Community Development Fund

 

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Multiple Departments Across Subcommittees

n/a

Offices of Inspector General

CRS Report R43814, Federal Inspectors General: History, Characteristics, and Recent Congressional Actions

[author name scrubbed], [email address scrubbed], [phone number scrubbed]

Author Contact Information

[author name scrubbed], Specialist in Homeland Security and Appropriations ([email address scrubbed], [phone number scrubbed])

Footnotes

1.

NOAA National Centers for Environmental Information (NCEI), "U.S. Billion-Dollar Weather and Climate Disasters (2018)," https://www.ncdc.noaa.gov/billions/overview.

2.

National Oceanographic and Atmospheric Administration, "Monthly Atlantic Tropical Weather Summary," December 1, 2017, as downloaded from http://www.nhc.noaa.gov/text/MIATWSAT.shtml on January 10, 2018.

3.

Data drawn from https://www.fema.gov/disasters on January 6, 2018.

4.

Corpus Christi, Texas, Weather Forecast Office, National Weather Service, "Major Hurricane Harvey—August 25-29, 2017," http://www.weather.gov/crp/hurricane_harvey.

5.

Ibid.

6.

Ibid.

7.

Tallahassee, Florida, Weather Forecast Office, National Weather Service, "Detailed Meteorological Summary on Hurricane Irma," https://www.weather.gov/tae/Irma2017.

8.

Ibid.

9.

Ibid.

10.

National Weather Service, "Synoptic Overview, Major Hurricane Maria—September 20, 2017," available at http://www.weather.gov/sju/maria2017.

11.

National Hurricane Center, Hurricane Maria Advisory Archive and Hurricane Maria Graphics Archive, available at http://www.nhc.noaa.gov/archive/2017/MARIA.shtml and http://www.nhc.noaa.gov/archive/2017/MARIA_graphics.php, respectively.

12.

NICC Annual Reports, https://www.predictiveservices.nifc.gov/intelligence/2016_Statssumm/2016Stats&Summ.html.

13.

Letter from Mick Mulvaney, Director, Office of Management and Budget, to The Honorable Paul D. Ryan, Speaker of the House of Representatives, September 1, 2017, https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/Letters/hurricane_harvey_letter_speaker_of_the_house.pdf.

14.

Letter from Mick Mulvaney, Director, Office of Management and Budget, to The Honorable Michael R. Pence, President of the Senate, October 4, 2017, https://www.whitehouse.gov/wp-content/uploads/2017/11/letter_regarding_additional_funding_and_reforms_to_address_impacts_of_recent_natural_disasters.pdf.

15.

Letter from Mick Mulvaney, Director, Office of Management and Budget, to The Honorable Paul D. Ryan, Speaker of the House of Representatives, November 17, 2017, https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/Letters/fy_2018_hurricanes_supp_111717.pdf.

16.

See CRS Insight IN10843, Supplemental Appropriations Proposed for Agriculture, by [author name scrubbed] et al., which also includes a table and discussion of the additional legislation for cotton, dairy, and nutrition assistance that are in addition to amounts in Table 2.

17.

The House had also contemplated including the supplemental appropriations language as an amendment to H.R. 1370 in the form of Rules Committee Print 115-50 (see "Bills to be Considered on the House Floor" for the week of December 18, 2017, at http://docs.house.gov/floor/Default.aspx?date=2017-12-18), but H.R. 1370 was instead amended by the language of Rules Committee Print 115-52, to provide further continuing appropriations, and other matters. The CBO cost estimate for the supplemental appropriations language was prepared in reference to Rules Committee Print 115-50 (see https://www.cbo.gov/publication/53423).

18.

This exception was first formalized in the Budget Enforcement Act of 1990 (P.L. 101-508).

19.

These included providing funding for the 2010 Census and alleviating a shortfall in funding for veterans' health care during the U.S.'s second Iraq war.

20.

For more detailed information, see CRS Report R41564, Emergency Designation: Current Budget Rules and Procedures, by [author name scrubbed]

21.

For additional information on the allowable adjustment, see CRS Report R42352, An Examination of Federal Disaster Relief Under the Budget Control Act, and CRS Report R44415, Five Years of the Budget Control Act's Disaster Relief Adjustment.

22.

See CRS Report R44937, Congressional Action on the FY2013 Disaster Supplemental, for details on the initial use of the emergency designation for disaster relief in the BCA era.

23.

For more details on offsets and the DRF, see CRS Report R42458, Offsets, Supplemental Appropriations, and the Disaster Relief Fund: FY1990-FY2013.

24.

Koss, Geof, "Senate Democrats Preparing Disaster Response Bills" CQ News, November 14, 2012. Available at http://www.cq.com/doc/news-4175335.

25.

Young, Kerry and Niels Lesniewski, "Republicans Say they Expect Spending Offsets for Sandy Disaster Aid," CQ News, November 29, 2012. Available at http://www.cq.com/doc/news-4181820?wr=bzR2QWhQbmtjMGxjdG52NXplMSo0UQ.

26.

Letter from Jeffrey D. Zients, Deputy Director for Management, to The Honorable John Boehner, Speaker of the House of Representatives, December 7, 2012, p. 2.

27.

See CRS Report R42458, Offsets, Supplemental Appropriations, and the Disaster Relief Fund: FY1990-FY2013, pp. 9-12, for details of the debate on offsets for what became P.L. 113-2.

28.

Congressional Record, December 21, 2012, pp. S8341-S8342.

29.

Letter from Mick Mulvaney, Director, Office of Management and Budget, to The Honorable Paul D. Ryan, Speaker of the House of Representatives, November 17, 2017, p. 3, https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/Letters/fy_2018_hurricanes_supp_111717.pdf.

30.

For more on allocations, suballocations and budget enforcement related to Section 302 of the Congressional Budget Act, see CRS Report R40472, The Budget Resolution and Spending Legislation, by [author name scrubbed].

31.

Department of Homeland Security, Federal Emergency Management Agency, Disaster Relief Fund: Monthly Report as of September 30, 2013, October 21, 2013, Appendix B, p. 10.

32.

Department of Homeland Security, Federal Emergency Management Agency, Disaster Relief Fund: Monthly Report as of September 30, 2017, October 11, 2017, Appendix C, p. 10.

33.

U.S. Government Accountability Office, Federal Disaster Assistance: Federal Departments and Agencies Obligated at Least $277.6 Billion During Fiscal Years 2005 through 2014, GAO-16-797, September 22, 2016, p. 18, https://www.gao.gov/products/GAO-16-797.

34.

See Section 904(d) of P.L. 113-2, 127 Stat. 18.

35.

See P.L. 113-235, 128 Stat. 2389.

36.

The last reporting from the Sandy PMO was for the fourth quarter of FY2015. There is no information provided on the OFDC public-facing website (https://www.fema.gov/office-federal-disaster-coordination) that provides further tracking information.

37.

FEMA does not track their appropriations by the measure that provided them, but rather by the disaster declarations they respond to.