U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

113–250 

Calendar No. 553 

EMERGENCY INFORMATION IMPROVEMENT 

ACT OF 2014 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 2665 

TO AMEND THE ROBERT T. STAFFORD DISASTER RELIEF AND 

EMERGENCY ASSISTANCE ACT TO PROVIDE ELIGIBILITY FOR 

BROADCASTING FACILITIES TO RECEIVE CERTAIN DISASTER ASSISTANCE, AND FOR OTHER PURPOSES 

SEPTEMBER 8, 2014.—Ordered to be printed 


smartinez on DSK4TPTVN1PROD with REPORTS-SENE:\Seals\Congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

THOMAS R. CARPER, Delaware, Chairman 

CARL LEVIN, Michigan 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

MARK BEGICH, Alaska 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

TOM COBURN, Oklahoma 

JOHN MCCAIN, Arizona 

RON JOHNSON, Wisconsin 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

GABRIELLE A. BATKIN, Staff Director 

JOHN P. KILVINGTON, Deputy Staff Director 

MARY BETH SCHULTZ, Chief Counsel 

JASON T. BARNOSKY, Senior Professional Staff Member 

ALEXA E. NORUK, Professional Staff Member, Subcommittee on Emergency Management, 

Intergovernmental Relations, and the District of Columbia 

KEITH B. ASHDOWN, Minority Staff Director 

CHRISTOPHER J. BARKLEY, Minority Deputy Staff Director 

ANDREW C. DOCKHAM, Minority Chief Counsel 

DANIEL P. LIPS, Minority Director of Homeland Security 

LAURA W. KILBRIDE, Chief Clerk 


smartinez on DSK4TPTVN1PROD with REPORTS-SEN
Calendar No. 553 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–250 

EMERGENCY INFORMATION IMPROVEMENT ACT OF 2014 

SEPTEMBER 8, 2014.—Ordered to be printed 

Mr. CARPER, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 2665] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 2665), to amend the Robert T. 

Stafford Disaster Relief and Emergency Assistance to provide eligibility for broadcasting facilities to receive certain disaster assistance, and for other purposes, having considered the same, reports 

favorably thereon without amendment and recommends that the 

bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 2 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 3 

VI. Congressional Budget Office Cost Estimate ................................................ 3 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 4 

I. PURPOSE AND SUMMARY

The purpose of S. 2665 is to make clear that the Federal Emergency Management Agency may include private nonprofit broadcasters among the organizations to whom it gives money after disasters. Current disaster relief law authorizes assistance to nonprofits that provide critical services to their communities, but it 

does not specifically identify nonprofit broadcasters as eligible, creating some potential ambiguity. 


smartinez on DSK4TPTVN1PROD with REPORTS-SEN
2 

1 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, sections 406 

and 407 (42 U.S.C. § 5172 and § 5173). 2 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, section 406 

(a)(3) (42 U.S.C. § 5172). 3 44 CFR § 206.221 defines ‘‘public facility’’ as ‘‘the following facilities owned by a State or local 

government: any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility; 

any non-Federal aid, street, road, or highway; and any other public building, structure, or system, including those used for educational, recreational, or cultural purposes; or any park.’’ 4 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, sections 406 

and 407 (42 U.S.C. § 5172 and § 5173). 5The White House, The Federal Response to Hurricane Katrina: Lessons Learned (February 

2006) 55. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

The Federal Emergency Management Agency (FEMA) provides 

disaster assistance to state, tribal, and local governments as well 

as to certain types of private nonprofit organizations through the 

Public Assistance Grant Program, which is authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the 

Stafford Act).1 The Stafford Act currently states that public assistance funding may go to nonprofits that provide critical services, 

such as power, water, communications, and education.2 This program helps eligible governments and organizations cover the costs 

of debris removal; emergency protective measures, such as emergency demolition, emergency repairs, and the removal of health 

and safety hazards; and the repair, replacement, or restoration of 

publicly owned facilities 3 as well as facilities owned by eligible private nonprofit organizations damaged in a disaster.4

S. 2665 makes clear that nonprofit broadcasters are eligible for 

FEMA’s public assistance funding—specifically funding for the repair, replacement, or restoration of their facilities. Broadcast facilities can suffer extensive damage during major disasters. Hurricane 

Katrina, for example, severely damaged broadcasting infrastructure in the Gulf Coast region, including 50 percent of area radio 

stations and 44 percent of area television stations.5 Given the role 

that broadcasters play in disseminating information, it is important that their facilities be repaired as quickly as possible. 

While nonprofit broadcasters currently meet the statutory criteria for eligibility for this assistance, the law does not specifically 

identify them as such. In order to eliminate any ambiguity and the 

potential for delayed assistance, S. 2665 amends the Stafford Act 

to specifically list nonprofit broadcasters as among the entities that 

are eligible for this assistance. 

III. LEGISLATIVE HISTORY

On July 24, 2014, Senator Begich introduced S. 2665, which was 

referred to the Senate Committee on Homeland Security and Governmental Affairs. The Committee considered S. 2665 at a business 

meeting on July 30, 2014, and it ordered the bill reported favorably 

by voice vote. The members present for the vote were Senators Carper, Levin, Landrieu, McCaskill, Begich, Baldwin, Coburn, Johnson, and Ayotte. 


smartinez on DSK4TPTVN1PROD with REPORTS-SEN
3 

IV. SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title 

This Act may be cited as the ‘‘Emergency Information Improvement Act of 2014.’’ 

Sec. 2. Eligibility of broadcasting facilities for certain disaster assistance 

This section amends the definition of Private Nonprofit Facilities 

under Section 102(11)(B) of the Robert T. Stafford Act (42 U.S.C. 

§ 5122(11)(B)) to include broadcasting facilities as eligible applicants for post-disaster assistance. This section also amends the definition of critical services under Section 406(a)(3)(B) of the Robert 

T. Stafford Act (42 U.S.C. § 5172(a)(3)(B)) to include broadcast and 

telecommunications services. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of Rule XXVI 

of the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill and determined that the bill will 

have no regulatory impact within the meaning of the rule. The 

Committee agrees with the Congressional Budget Office’s statement that the bill contains no intergovernmental or private sectormandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

AUGUST 21, 2014. 

Hon. TOM CARPER, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2665, the Emergency Information Improvement Act of 2014. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Daniel Hoople. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 2665—Emergency Information Improvement Act of 2014 

S. 2665 would codify an existing policy allowing broadcasting facilities to be eligible for certain government assistance following a 

disaster. CBO estimates that implementing this legislation would 

have no cost. Enacting S. 2665 would not affect direct spending or 

revenues; therefore, pay-as-you-go procedures do not apply. 

Under current law, private nonprofit facilities are eligible to receive grants from the Federal Emergency Management Agency 

(FEMA) for damages incurred during a disaster if the facility provides critical public services or is ineligible for a Small Business 

Administration loan. According to information from FEMA, broadcasting facilities are eligible for such assistance under current 

agency policy. S. 2665 would explicitly list broadcasting facilities as 


smartinez on DSK4TPTVN1PROD with REPORTS-SEN
4 

an eligible provider of critical services in statute. But because there 

would be no change to current eligibility, CBO estimates that implementing S. 2665 would have no federal cost. 

S. 2665 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Daniel Hoople. The estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

VII. CHANGES TO EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 2445 as 

reported are shown as follows (existing law proposed to be omitted 

is enclosed in brackets, new matter is printed in italic, and existing 

law in which no change is proposed is shown in roman): 

TITLE 42—THE PUBLIC HEALTH AND WELFARE 

CHAPTER 68—DISASTER RELIEF 

SEC. 5122 

As used in this Act— 

(1) * * * 

(2) * * * 

(3) * * * 

(4) * * * 

(5) * * * 

(6) * * * 

(7) * * * 

(8) * * * 

(9) * * * 

(10) * * * 

(11) PRIVATE NONPROFIT FACILITY.— 

(A) IN GENERAL.—The term ‘‘private nonprofit facility’’ 

means private nonprofit educational, utility, irrigation, 

emergency, medical, rehabilitational, and temporary or 

permanent custodial care facilities (including those for the 

aged and disabled) and facilities on Indian reservations, as 

defined by the President. 

(B) ADDITIONAL FACILITIES.—In addition to the facilities 

described in subparagraph (A), the term ‘‘private nonprofit 

facility’’ includes any private nonprofit facility that provides essential services of a governmental nature to the 

general public (including museums, zoos, performing arts 

facilities, community arts centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter 

workshops, broadcasting facilities, and facilities that provide health and safety services of a governmental nature), 

as defined by the President. 

SEC. 5172 

(a) CONTRIBUTION.— 

(1) * * * 

(2) * * * 


smartinez on DSK4TPTVN1PROD with REPORTS-SEN
5 

(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT FA- CILITIES.— 

(A) IN GENERAL.—The President may make contributions 

to a private nonprofit facility under paragraph (1)(B) only 

if— 

(i) the facility provides critical services (as defined 

by the President) in the event of a major disaster; or 

(ii) the owner or operator of the facility— 

(I) has applied for a disaster loan under section 

636(b) of title 15; and 

(II) (aa) has been determined to be ineligible for 

such a loan; or 

(bb) has obtained such a loan in the maximum 

amount for which the Small Business Administration determines the facility is eligible. 

(B) DEFINITION OF CRITICAL SERVICES.—In this paragraph, the term ‘‘critical services’’ includes power, water 

(including water provided by an irrigation organization or 

facility), sewer, wastewater treatment, øcommunications,¿ 

communications (including broadcast and telecommunications), education, and emergency medical care. 

Æ 


smartinez on DSK4TPTVN1PROD with REPORTS-SEN