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Defense Production Act of 1950: History, Authorities, and Reauthorization [February 11, 2014]
From the Document: "The Defense Production Act (DPA) of 1950 (P.L. 81-774, 50 U.S.C. Appx §2061 et seq.), as amended, confers upon the President a broad set of authorities to influence domestic industry in the interest of national defense. The authorities can be used across the federal government to shape the domestic industrial base so that, when called upon, it is capable of providing essential materials and goods needed for the national defense. Though initially passed in response to the Korean War, the DPA is historically based on the War Powers Acts of World War II. Gradually, Congress has expanded the term national defense, as defined in the DPA, so that it now includes activities related to homeland security and domestic emergency management. The scope of DPA authorities extends beyond shaping U.S. military preparedness and capabilities, as the authorities may also be used to enhance and support domestic preparedness, response, and recovery from natural hazards, terrorist attacks, and other national emergencies."
Library of Congress. Congressional Research Service
Brown, Jared T.; Else, Daniel H.
2014-02-11
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Hurricane Sandy Rebuilding Strategy: In Brief [February 10, 2014]
"On the evening of October 29, 2012, Hurricane Sandy, the second-largest Atlantic storm on record, made landfall in southern New Jersey. The consequences of the storm included at least the deaths of 159 people, over 23,000 people who required temporary shelters, 8.5 million customers who were left without power, approximately $65 billion in damages, and 650,000 homes that were damaged or destroyed. As with other major natural disaster events, some Members of Congress responded to Hurricane Sandy by holding a series of hearings to gather information and visiting the affected region to assess the damage and to confer with state and local officials. On January 29, 2013, Congress passed the Disaster Relief Appropriations Act, 2013 (P.L. 113-2), a $50.5 billion package of disaster assistance largely focused on responding to Hurricane Sandy. The Disaster Relief Appropriations Act, 2013, provided supplemental funding to over 66 different accounts and programs, including $16.0 billion for the Community Development Block Grant (CDBG) program, $11.5 billion for the Disaster Relief Fund, $10.9 billion for the Public Transportation Emergency Relief Program, and $5.4 billion total for disaster-related activities of the U.S. Army Corps of Engineers (pre-sequester). In addition, the Sandy Recovery Improvement Act of 2013 (SRIA), passed as Division B of P.L. 113-2, reformed key provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act, P.L. 93-288 as amended). The supplemental appropriation was also preceded by Congress providing an additional $9.7 billion in borrowing authority for the National Flood Insurance Program (NFIP) in P.L. 113-1 on January 6, 2013."
Library of Congress. Congressional Research Service
Brown, Jared T.
2014-02-10
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Defense Production Act of 1950: History, Authorities, and Reauthorization [June 14, 2013]
From the Document: "The Defense Production Act (DPA) of 1950 (P.L. 81-774, 50 U.S.C. Appx § 2061 et seq.), as amended, confers upon the President a broad set of authorities to influence domestic industry in the interest of national defense. The authorities can be used across the federal government to shape the domestic industrial base so that, when called upon, it is capable of providing essential materials and goods needed for the national defense. Though initially passed in response to the Korean War, the DPA is historically based on the War Powers Acts of World War II. Gradually, Congress has expanded the term 'national defense', as defined in the DPA, so that it now includes activities related to homeland security and domestic emergency management. The scope of DPA authorities extends beyond shaping U.S. military preparedness and capabilities, as the authorities may also be used to enhance and support domestic preparedness, response, and recovery from natural hazards, terrorist attacks, and other national emergencies."
Library of Congress. Congressional Research Service
Brown, Jared T.; Else, Daniel H.
2013-06-14
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Congressional Primer on Responding to Major Disasters and Emergencies [May 24, 2013]
"The principles of disaster management assume a leadership role by the local, tribal, and state governments with the federal government providing coordinated supplemental resources and assistance, if requested and approved. The immediate response to a disaster is guided by the National Response Framework (NRF), which details roles and responsibilities at various levels of government, along with cooperation from the private and non-profit sectors, for differing incidents and support functions. [...] The majority of federal aid is made available from FEMA [Federal Emergency Management Agency] under the authority of the Stafford Act. In addition to that assistance, other disaster aid is made available through programs of the Small Business Administration (which provides disaster loans to both businesses and homeowners), the U.S. Department of Agriculture (USDA), the Federal Highway Administration (FHWA) within the Department of Transportation (DOT), and, in some instances, the Department of Housing and Urban Development (HUD) (in the form of Community Development Block Grant funds being made available for unmet disaster needs). While the disaster response and recovery process is fundamentally a relationship between the federal government and the requesting state or tribal government, there are roles for congressional offices to play in providing information to the federal response and recovery teams in their respective states and districts. Congressional offices also serve as a valuable source of accurate and timely information to their constituents."
Library of Congress. Congressional Research Service
McCarthy, Francis X.; Brown, Jared T.
2013-05-24
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Analysis of the Sandy Recovery Improvement Act of 2013 [March 11, 2013]
From the Introduction: "Given its size, strength, location and the enormity of its impact, Hurricane Sandy was a storm of historic proportions and importance. The damage inflicted by this huge storm rivaled the damages of the Gulf Coast storms during the summer of 2005, particularly due to the population density and overall development of the areas that received the brunt of the storm's impact. As with other major natural disaster events, Members of Congress responded to Hurricane Sandy by holding a series of hearings, visiting the affected region, and introducing and acting on legislation. […] This report examines the potential effect of the Sandy Recovery Improvement Act of 2013 on disaster assistance procedures and programs. Part of the legislative intent of the Sandy Recovery Improvement Act of 2013 is to streamline administrative procedures and improve the effectiveness of several disaster assistance programs authorized by the Stafford Act, namely the Public Assistance Program, the Individual Assistance Program, and the Hazard Mitigation Grant Program. The law reforms the Stafford Act in part by reauthorizing several 'pilot' programs established previously in Title VI of P.L. 109-295, the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA). P.L. 113-2 also authorizes tribes to request a declaration of an emergency or major disaster, as was previously only allowed for states. It also directs FEMA to establish procedures for arbitrating disputes relating to disaster assistance, and directs FEMA to create a national strategy for mitigating the cost of future disasters. In the context of overall supplemental funding for disaster relief being debated by the Congress, the disaster assistance programs modified by the law are funded by the Disaster Relief Fund (DRF). More detailed explanations of the modifications enacted by the law are provided below."
Library of Congress. Congressional Research Service
Brown, Jared T.; McCarthy, Francis X.; Liu, Edward C.
2013-03-11
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Summary Report: Congressional Action on the FY2013 Disaster Supplemental [February 20, 2013]
"On January 29, 2013, the Disaster Relief Appropriations Act, 2013, a $50.7 billion package of disaster assistance largely focused on responding to Hurricane Sandy, was enacted as P.L. 113-2. In late October 2012, Hurricane Sandy impacted a wide swath of the East Coast of the United States, resulting in more than 120 deaths and major disaster declarations for 12 states plus the District of Columbia. The Administration submitted a request to Congress on December 7, 2012, for $60.4 billion in supplemental funding and legislative provisions to address both the immediate losses and damages from Hurricane Sandy, as well as to mitigate the damage from future disasters in the impacted region. On January 15, 2013, the House of Representatives [H.R.] passed H.R. 152, the Disaster Relief Appropriations Act, 2013. This bill included $50.7 billion in disaster assistance. This was the third piece of disaster legislation considered by the House in the 113th Congress. H.R. 41, which passed the House and Senate on January 4, 2013 and was signed into law two days later as P.L. [Public Law] 113-1, provided $9.7 billion in additional borrowing authority for the National Flood Insurance Program. On January 14, the House passed H.R. 219, legislation making changes to disaster assistance programs. The rule for consideration of H.R. 152 combined the text of H.R. 219 with H.R. 152 upon its engrossment, to send them to the Senate as a single package. […] This summary report analyzes the Administration's request, the initial Senate position from the 112th Congress, and H.R. 152, the legislative package developed in the House that was ultimately enacted as P.L. 113-2."
Library of Congress. Congressional Research Service
Painter, William L.; Brown, Jared T.
2013-02-20
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FY2013 Supplemental Funding for Disaster Relief [February 19, 2013]
"On January 29, 2013, the Disaster Relief Appropriations Act, 2013, a $50.7 billion package of disaster assistance largely focused on responding to Hurricane Sandy, was enacted as P.L. [Public Law] 113-2. In late October 2012, Hurricane Sandy impacted a wide swath of the East Coast of the United States, resulting in more than 120 deaths and the major disaster declarations for 12 states plus the District of Columbia. The Administration submitted a request to Congress on December 7, 2012, for $60.4 billion in supplemental funding and legislative provisions to address both the immediate losses and damages from Hurricane Sandy, as well as to mitigate the damage from future disasters in the impacted region.[...] This report analyzes the Administration's request, the initial Senate position from the 112th Congress, and H.R. 152, the legislative package developed in the House that was ultimately enacted as P.L. 113-2. It includes information on legislative provisions as well as funding levels. The report also includes a list of CRS [Congressional Research Service] experts available to provide more in-depth analysis of the implications of the legislation."
Library of Congress. Congressional Research Service
Painter, William L.; Brown, Jared T.
2013-02-19
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FY2013 Supplemental Funding for Disaster Relief: Summary and Considerations for Congress [January 23, 2013]
"In late October 2012, Hurricane Sandy impacted a wide swath of the East Coast of the United States, resulting in more than 120 deaths and the major disaster declarations for 12 states plus the District of Columbia. The Administration submitted a request to Congress on December 7, 2012, for $60.4 billion in supplemental funding and legislative provisions to address both the immediate losses and damages from Hurricane Sandy, as well as to mitigate the damage from future disasters in the impacted region. […] This report analyzes the Administration's request, the House-passed legislation, and the Senate position as reflected in Senate-amended H.R. 1 from the 112th Congress. (The newly constituted Senate has not taken up legislation establishing its position on the supplemental request as of the date of publication.) It includes information on legislative provisions as well as funding levels. The report includes a list of CRS [Congressional Research Service] experts available to provide more in-depth analysis of the implications of this evolving legislation. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Painter, William L.; Brown, Jared T.
2013-01-23
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Summary Report: Congressional Action on the FY2013 Disaster Supplemental [January 22, 2013]
"In late October 2012, Hurricane Sandy impacted a wide swath of the East Coast of the United States, resulting in more than 120 deaths and the major disaster declarations for 12 states plus the District of Columbia. The Administration submitted a request to Congress on December 7, 2012, for $60.4 billion in supplemental funding and legislative provisions to address both the immediate losses and damages from Hurricane Sandy, as well as to mitigate the damage from future disasters in the impacted region. On January 15, 2012, the House of Representatives [H.R.] passed H.R. 152, the Disaster Relief Appropriations Act, 2013. This bill included $50.7 billion in disaster assistance. This was the third piece of disaster legislation considered by the House in the 113th Congress. H.R. 41, which passed the House and Senate on January 4, 2013, and was signed into law two days later as P.L. [Public Law] 113-1, provided $9.7 billion in additional borrowing authority for the National Flood Insurance Program. On Janaury [sic] 14, the House passed H.R. 219, legislation making changes to disaster assistance programs. The rule for consideration of H.R. 152 combined the text of H.R. 219 with H.R. 152 upon its engrossment, to send them to the Senate as a single package. […] This summary report analyzes the Administration's request, the House-passed legislation, and the Senate position as reflected in Senate-amended H.R. 1 from the 112th Congress. The newly constituted Senate has not taken up legislation establishing its position on the supplemental request as of the date of publication."
Library of Congress. Congressional Research Service
Brown, Jared T.; Painter, William L.
2013-01-22
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FEMA's Community Disaster Loan Program: History, Analysis, and Issues for Congress [Updated December 14, 2012]
From the Summary: "The core purpose of the Community Disaster Loan (CDL) program is to provide financial assistance to local governments that are having difficulty providing government services because of a loss in tax or other revenue following a disaster. The program assists local governments by offering federal loans to compensate for this temporary or permanent loss in local revenue. [...] This report compares and analyzes three different categories of loans issued in different time periods in the program's history: 'traditional' loans issued between 1974 and 2005, in 2007, and between 2009 and June 2012 (TCDLs); 'special' (SCDLs) loans issued in 2005-2006 following Hurricanes Katrina and Rita; and loans issued under unique provisions in 2008 (2008 CDLs). As authorized by Congress and administered by FEMA, the SCDL and 2008 loan categories had different provisions than traditional loans to guide the eligibility of local governments and dollar size of the loans. SCDLs also had unique provisions that slightly altered the purpose of the loans, lowered the interest rate charged on the loans, and clarified the cancellation procedures for the loans."
Library of Congress. Congressional Research Service
Brown, Jared T.
2012-12-14
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FEMA's Community Disaster Loan Program: History, Analysis, and Issues for Congress [July 3, 2012]
"The core purpose of the Community Disaster Loan (CDL) program is to provide financial assistance to local governments that are having difficulty providing government services because of a loss in tax or other revenue following a disaster. The program assists local governments by offering federal loans to compensate for this temporary or permanent loss in local revenue. The CDL program is managed by the Federal Emergency Management Agency (FEMA). First authorized in the Disaster Relief Act of 1974 (P.L. 93-288), the Community Disaster Loan program is currently codified in Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §5184, as amended). […] This report compares and analyzes three different categories of loans issued in different time periods in the program's history: 'traditional' loans issued between 1974-2005, in 2007, and between 2009 and June 2012 (TCDLs); 'special' (SCDLs) loans issued in 2005-2006 following Hurricanes Katrina and Rita; and loans issued under unique provisions in 2008 (2008 CDLs). As authorized by Congress and administered by FEMA, the SCDL and 2008 loan categories had different provisions than traditional loans to guide the eligibility of local governments and dollar size of the loans. SCDLs also had unique provisions that slightly altered the purpose of the loans, lowered the interest rate charged on the loans, and clarified the cancellation procedures for the loans."
Library of Congress. Congressional Research Service
Brown, Jared T.
2012-07-03
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Navy Biofuel Initiative Under the Defense Production Act [June 22, 2012]
"Domestic crude oil production in the United States has increased over the past few years, reversing a decline that began in 1986. The United States is now a net exporter of refined petroleum products. Over the next 10 years, continued development of unconventional oil resources, in combination with the ongoing development of offshore resources in the Gulf of Mexico may push domestic crude oil production to a level not seen since 1994, according to the U.S. Energy Information Administration. An important policy question for Congress may be whether a domestic biofuel industry is necessary for national defense, and whether proceeding under the authority of the DPA [Defense Production Act of 1950] offers the necessary stimulus. A domestic biofuel industry may satisfy concerns for a secure, domestic, alternative fuel source independent of unstable foreign petroleum suppliers. However, adding biofuel to the military's supply chain does not relieve logistical issues with delivering fuel to forward operating areas, where fuel supply issues have been more about vulnerability than availability."
Library of Congress. Congressional Research Service
Andrews, Anthony; Bracmort, Kelsi; Brown, Jared T.
2012-06-22
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Navy Biofuel Initiative Under the Defense Production Act [June 13, 2012]
"During the spring of 2011, the Secretaries of Energy, Agriculture, and the Navy entered into a Memorandum of Understanding (MOU) to 'assist the development and support of a sustainable commercial biofuels industry.' The objective is the 'construction or retrofit of multiple domestic commercial or pre-commercial scale advanced drop-in biofuel plants and refineries.' The refineries would have the capability to produce advanced biofuels as 'drop-in' replacements for petroleum-based fuels. Drop-in fuels would be able to substitute for standard petroleum products without alteration to ship or aircraft engines, meet military specifications at a price competitive with petroleum, be readily accessible at geographically diverse locations, and have no significant impact on the supply of agricultural commodities for the production of food. Through this and other undertakings, the Navy intends to demonstrate that it can reduce its dependence on petroleum-based fuels. In accordance with the MOU, the Navy proposes to use some of the authorities of the Defense Production Act (DPA) of 1950 (50 U.S.C. Appx §2061 et seq.), as amended, to develop a domestic industrial capacity and supply of biofuel. The Navy plans a feasibility demonstration of drop-in biofuels with a 'Green Strike Group' fleet exercise by the end of 2012 composed of nuclear vessels and ships powered in part by biofuel, followed by a 2016 'Great Green Fleet' exercise composed of nuclear ships, and surface combatants and aircraft powered in part by biofuel."
Library of Congress. Congressional Research Service
Andrews, Anthony; Bracmort, Kelsi; Brown, Jared T.
2012-06-13
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Congressional Primer on Major Disasters and Emergencies [May 23, 2012]
"The principles of disaster management assume a leadership role by the local and state governments with the federal government providing coordinated supplemental resources and assistance. A declaration of a major disaster or emergency must, in almost all cases, be requested by the governor, who at that point has declared that the situation is beyond the capacity of the state to respond. The governor also determines which parts of the state they will request assistance for and suggests the types of assistance programs that may be needed. The President considers the governor's request, in consultation with officials of the Federal Emergency Management Agency (FEMA), within the Department of Homeland Security (DHS), and makes the initial decisions on the areas to be included as well as the programs that are implemented. The immediate response to a disaster is guided by the National Response Framework (NRF), which details roles and responsibilities at various levels of government, along with cooperation from the private and non-profit sectors, for differing incidents and support functions. […] While the disaster response and recovery process is fundamentally a relationship between the federal government and the requesting state government, there are roles for congressional offices to play in providing information to the federal/state response and recovery teams in their respective states and districts. Congressional offices also serve as a valuable source of accurate and timely information to their constituents."
Library of Congress. Congressional Research Service
McCarthy, Francis X.; Brown, Jared T.
2012-05-23
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FEMA's Community Disaster Loan Program: History, Analysis, and Issues for Congress [May 10, 2012]
"The core purpose of the Community Disaster Loan (CDL) program is to provide financial assistance to local governments that are having difficulty providing government services because of a loss in tax or other revenue following a disaster. The program assists local governments by offering federal loans to compensate for this temporary or permanent loss in local revenue. The CDL program is managed by the Federal Emergency Management Agency (FEMA). First authorized in the Disaster Relief Act of 1974 (P.L. 93-288), the Community Disaster Loan program is currently codified in Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §5184, as amended). […] This report compares and analyzes three different categories of loans issued in different time periods in the program's history: 'traditional' loans issued between 1974-2005, in 2007, and between 2009-2011 (TCDLs); 'special' (SCDLs) loans issued in 2005-2006 following Hurricanes Katrina and Rita; and loans issued under unique provisions in 2008 (2008 CDLs). As authorized by Congress and administered by FEMA, the SCDL and 2008 loan categories had different provisions than traditional loans to guide the eligibility of local governments and dollar size of the loans. SCDLs also had unique provisions that slightly altered the purpose of the loans, lowered the interest rate charged on the loans, and clarified the cancellation procedures for the loans."
Library of Congress. Congressional Research Service
Brown, Jared T.
2012-05-10
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Presidential Policy Directive 8 and the National Preparedness System: Background and Issues for Congress [October 21, 2011]
"Presidential Policy Directive 8: National Preparedness (PPD-8) was signed and released by President Barack Obama on March 30, 2011. PPD-8 and its component policies intend to guide how the nation, from the federal level to private citizens, can 'prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation.' These threats include terrorist acts, natural disasters, and other man-made incidents. PPD-8 evolves from, and supersedes, Homeland Security Presidential Directive 8, which was released under President George W. Bush. PPD-8 is intended to meet many requirements of Subtitle C of the Post-Katrina Emergency Reform Act of 2006 (P.L. 109-295, 6 U.S.C. §741- 764). [...] Congress may wish to oversee how the Administration creates and implements the many elements of PPD-8. This report discusses several potential issues and challenges that may arise in the development and implementation of each National Planning Framework. These issues and challenges include evaluating: how PPD-8 policies conform with statute; how federal roles and responsibilities have been assigned to implement and execute PPD-8 policies; how non-federal resources and stakeholders will be impacted by national preparedness guidance; and how the overall federal budget may be reprioritized by a new national preparedness goal. However, it may be difficult to ascertain the full impact of PPD-8 on national preparedness until its provisions are fully operationalized and tested during real world hazards."
Library of Congress. Congressional Research Service
Brown, Jared T.
2011-10-21
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Congressional Primer on Major Disasters and Emergencies [August 31, 2011]
"The principles of disaster management assume a leadership role by the local and state governments with the federal government providing coordinated supplemental resources and assistance. A declaration of a major disaster or emergency must, in almost all cases, be requested by the governor, who at that point has declared that the situation is beyond the capacity of the state to respond. The governor also determines which parts of the state they will request assistance for and suggests the types of assistance programs that may be needed. The President considers the governor's request, in consultation with officials of the Federal Emergency Management Agency (FEMA), within the Department of Homeland Security (DHS), and makes the initial decisions on the areas to be included as well as the programs that are implemented. […] In addition to that assistance, other disaster aid is made available through programs of the Small Business Administration (which provides disaster loans to both businesses and homeowners), the U.S. Department of Agriculture (USDA), the Federal Highway Administration (FHWA) within the Department of Transportation (DOT) and the Department of Housing and Urban Development (HUD) (in the form of Community Development Block Grant funds being made available for unmet disaster needs). While the disaster response and recovery process is fundamentally a relationship between the federal government and the requesting state government, there are roles for congressional offices to play in providing information to the federal/state response and recovery teams in their respective states and districts. Congressional offices also serve as a valuable source of accurate and timely information to their constituents."
Library of Congress. Congressional Research Service
McCarthy, Francis X.; Brown, Jared T.
2011-08-31
