The Army’s Optionally Manned Fighting Vehicle (OMFV) Program: Background and Issues for Congress

Summary: In June 2018, in part due to congressional concerns, the Army announced a new modernization strategy and designated the Next Generation Combat Vehicle (NGCV) as the program to replace the M-2 Bradley. In October 2018, Army leadership decided to redesignate the NGCV as the Optionally Manned Fighting Vehicle (OMFV) and to add additional vehicle programs to what would be called the NGCV Program.

Summary: The M-2 Bradley, which has been in service since 1981, is an Infantry Fighting Vehicle (IFV) used to transport infantry on the battlefield and provide fire support to dismounted troops and suppress or destroy enemy fighting vehicles. Updated numerous times since its introduction, the M-2 Bradley is widely considered to have reached the technological limits of its capacity to accommodate new electronics, armor, and defense systems. Two past efforts to replace the M-2 Bradley—the Future Combat System (FCS) Program and the Ground Combat Vehicle (GCV) Program—were cancelled for programmatic and cost-associated reasons.

Summary: In late 2018, the Army established Army Futures Command (AFC), intended to establish unity of command and effort while consolidating the Army's modernization process under one roof. AFC is intended to play a significant role in OMFV development and acquisition. Hoping to field the OMFV in FY2026, the Army plans to employ Section 804 Middle Tier Acquisition Authority for rapid prototyping. The Army plans to develop, in parallel, three complementary classes of Robotic Combat Vehicles (RCVs) intended to accompany the OMFV into combat both to protect the OMFV and provide additional fire support. For RCVs to be successfully developed, problems with autonomous ground navigation will need to be resolved and artificial intelligence must evolve to permit the RCVs to function as intended. The Army has stated that a new congressionally-granted acquisition authority—referred to as Section 804 authority—might also be used in RCV development.

Summary: Potential issues for Congress include the following:

Summary: How will the OMFV program avoid the same fate as the cancelled FCS and GCV programs? What is the Army Futures Command's (AFC's) role in program management? What is the relationship between the OMFV and RCVs? What are some of the benefits and concerns regarding Section 804 authority and the OMFV?

Why Is This Issue Important to Congress?

The Army's Optionally Manned Fighting Vehicle (OMFV) is expected to be the third attempt to replace the M-2 Bradley Infantry Fighting Vehicle (IFV) which has been in service since the early 1980s. Despite numerous upgrades since its introduction, the Army contends the M-2 is near the end of its useful life and can no longer accommodate the types of upgrades needed for it to be effective on the modern battlefield.

Because the OMFV would be an important weapon system in the Army's Armored Brigade Combat Teams (ABCTs), Congress may be concerned with how the OMFV would impact the effectiveness of ground forces over the full spectrum of military operations. Moreover, Congress might also be concerned with how much more capable the OMFV is projected to be over the M-2 to ensure that it is not a costly marginal improvement over the current system. A number of past unsuccessful Army acquisition programs have served to heighten congressional oversight of Army programs, and the OMFV will likely be subject to a high degree of congressional interest. In addition to these primary concerns, how the Army plans to use the new congressionally-granted Section 804 Middle Tier Acquisition Authority as well as overall program affordability could be potential oversight issues for Congress.

The Next Generation Combat Vehicle (NGCV) Becomes the Optionally Manned Fighting Vehicle (OMFV)

In June 2018, the Army established the Next Generation Combat Vehicle (NGCV) program to replace the M-2 Bradley Infantry Fighting Vehicle (IFV), which has been in service since the early 1980s. In October 2018, Army leadership reportedly decided to redesignate the NGCV as the Optionally Manned Fighting Vehicle (OMFV) and add additional vehicle programs to what would be called the NGCV Program. Under the new NGCV Program, the following systems are planned for development:

The Optionally Manned Fighting Vehicle (OMFV) : the M-2 Bradley IFV replacement. The Armored Multi-Purpose Vehicle (AMPV) : the M-113 vehicle replacement. Mobile Protected Firepower (MPF) : a light tank for Infantry Brigade Combat Teams (IBCTs). Robotic Combat Vehicles (RCVs) : three versions, Light, Medium, and Heavy. The Decisive Lethality Platform (DLP) : the M-1 Abrams tank replacement.

Two programs—AMPV and MPF—are in Low Rate Initial Production (LRIP) and Prototype Development, respectively. Reportedly, the AMPV and MPF programs, which were overseen by Program Executive Office (PEO) Ground Combat Systems, will continue to be overseen by PEO Ground Combat Systems, but the NGCV Cross Functional Team (CFT) will determine their respective operational requirements and acquisition schedule.

Because AMPV and MPF are discussed in earlier CRS reports and the OMFV is in the early stages of development, the remainder of this report focuses on the OMFV and associated RCVs. Because the DLP is intended to replace the Army's second major ground combat system—the M-1 Abrams Tank—it will be addressed in a separate CRS report in the future.

The Army's preliminary basic operational requirements for the OMFV include the following:

Optionally manned . It must have the ability to conduct remotely controlled operations while the crew is off-platform. Capacity. It should eventually operate with no more than two crewmen and possess sufficient volume under armor to carry at least six soldiers. Transportability . Two OMFVs should be transportable by one C-17 and be ready for combat within 15 minutes. Dense urban terrain operations and mobility . Platforms should include the ability to super elevate weapons and simultaneously engage threats using main gun and an independent weapons system. Protection. It must possess requisite protection to survive on the contemporary and future battlefield. Growth. It should possess sufficient size, weight, architecture, power, and cooling for automotive and electrical purposes to meet all platform needs and allow for preplanned product improvements. Lethality. It should apply immediate, precise, and decisively lethal extended range medium-caliber, directed energy, and missile fires in day/night/all-weather conditions, while moving and/or stationary against moving and/or stationary targets. The platform should allow for mounted, dismount, and unmanned system target handover. Embedded p latform t raining . It should have embedded training systems that have interoperability with the Synthetic Training Environment. Sustainability. Industry should demonstrate innovations that achieve breakthroughs in power generation and management to obtain increased operational range and fuel efficiency, increased silent watch, part and component reliability, and significantly reduced sustainment burden.

Additional requirements include the capacity to accommodate

reactive armor, an Active Protection System (APS), artificial intelligence, and Directed-energy weapons and advanced target sensors.

The Army's Current Infantry Fighting Vehicle (IFV)

The M-2 Bradley is an Infantry Fighting Vehicle (IFV) used to transport infantry on the battlefield and provide fire support to dismounted troops and suppress or destroy enemy fighting vehicles. The M-2 has a crew of three—commander, gunner, and driver—and carries seven fully equipped infantry soldiers. M-2 Bradley IFVs are primarily found in the Army's Armored Brigade Combat Teams (ABCT). The first M-2 prototypes were delivered to the Army in December 1978, and the first delivery of M-2s to units started in May 1981. The M-2 Bradley has been upgraded often since 1981, and the Army reportedly announced in January 2018 that it plans to undertake an upgrade to the M-2A5 version planned for the mid-2020s.

M-2 Limitations and the Need for a Replacement

Despite numerous upgrades over its lifetime, the M-2 Bradley has what some consider a notable limitation. Although the M-2 Bradley can accommodate seven fully equipped infantry soldiers, infantry squads consist of nine soldiers. As a result, "each mechanized [ABCT] infantry platoon has to divide three squads between four Bradleys, meaning that all the members of a squad are not able to ride in the same vehicle." This limitation raises both command and control and employment challenges for Bradley-mounted infantry squads and platoons.

The M-2 Bradley first saw combat in 1991 in Operation Desert Storm, where its crews were generally satisfied with its performance. The M-2's service in 2003's Operation Iraqi Freedom (OIF) was also considered satisfactory. However, reports of vehicle and crew losses attributed to mines, improvised explosive devices (IEDs), and anti-tank rockets—despite the addition of reactive armor to the M-2—raised concerns about the survivability of the Bradley.

Furthermore, the M-2 Bradley is reportedly reaching the technological limits of its capacity to accommodate new electronics, armor, and defense systems. By some accounts, M-2 Bradleys during OIF routinely had to turn off certain electronic systems to gain enough power for anti-roadside-bomb jammers. Moreover, current efforts to mount active protection systems (APS) on M-2 Bradleys to destroy incoming anti-tank rockets and missiles are proving difficult. Given its almost four decades of service, operational limitations, demonstrated combat vulnerabilities, and difficulties in upgrading current models, the M-2 Bradley is arguably a candidate for replacement.

Past Attempts to Replace the M-2 Bradley IFV

The Army has twice attempted to replace the M-2 Bradley IFV—first as part of the Future Combat System (FCS) Program, which was cancelled by the Secretary of Defense in 2009, and second with the Ground Combat Vehicle (GCV) Program, cancelled by the Secretary of Defense in 2014. These cancellations, along with a series of high-profile studies, such as the 2011 Decker-Wagner Army Acquisition Review, have led many to call into question the Army's ability to develop and field ground combat systems.

Why the FCS and GCV Programs Were Cancelled

Introduced in 1999 by Army Chief of Staff General Eric Shinseki, FCS was envisioned as a family of networked, manned and unmanned vehicles, and aircraft for the future battlefield. The Army believed that advanced sensor technology would result in total battlefield awareness, permitting the development of lesser-armored combat vehicles and the ability to engage and destroy targets beyond the line-of-sight. However, a variety of factors led to the program's cancellation, including a complicated, industry-led management approach; the failure of a number of critical technologies to perform as envisioned; and frequently changing requirements from Army leadership—all of which resulted in program costs increasing by 25%. After $21.4 billion already spent and the program only in the preproduction phase, then Secretary Gates restructured the program in 2009, effectively cancelling it.

Recognizing the need to replace the M-2 Bradley, as part of the FCS "restructuring," the Army was directed by the Secretary of Defense in 2009 to develop a ground combat vehicle (GCV) that would be relevant across the entire spectrum of Army operations, incorporating combat lessons learned in Iraq and Afghanistan. In 2010, the Army, in conjunction with the Pentagon's acquisition office, conducted a review of the GCV program to "review GCV core elements including acquisition strategy, vehicle capabilities, operational needs, program schedule, cost performance, and technological specifications." This review found that the GCV relied on too many immature technologies, had too many performance requirements, and was required by Army leadership to have too many capabilities to make it affordable. In February 2014, the Army recommended terminating the GCV program and redirecting the funds toward developing a next-generation platform. The cost of GCV cancellation was estimated at $1.5 billion.

After the Ground Combat Vehicle (GCV): The Next Generation Combat Vehicle (NGCV) Program

In the aftermath of the GCV program, the Army embarked on a Future Fighting Vehicle (FFV) effort in 2015. Army officials—described as "cautious" and "in no hurry to initiate an infantry fighting vehicle program"—instead initiated industry studies to "understand the trade space before leaping into a new program." In general, Army combat vehicle modernization efforts post-FCS have been characterized as upgrading existing platforms as opposed to developing new systems. This was due in part to reluctance of senior Army leadership, but also to significant budgetary restrictions imposed on the Army during this period. Some in Congress, however, were not pleased with the slow pace of Army modernization, reportedly noting the Army was "woefully behind on modernization" and was "essentially organized and equipped as it was in the 1980s." In June 2018, in part due to congressional concerns, the Army announced a new modernization strategy and designated NGCVs as the second of its six modernization priorities. Originally, the NGCV was considered the program to replace the M-2 Bradley. Development of the NGCV would be managed by the Program Executive Officer (PEO) Ground Combat Systems, under the Assistant Secretary of the Army (ASA), Acquisition, Logistics, and Technology (ALT).

Army Futures Command (AFC) and Cross-Functional Teams (CFTs)

In November 2017, the Army established a Modernization Task Force to examine the options for establishing an Army Futures Command (AFC) that would establish unity of command and effort as the Army consolidated its modernization process under one roof. Formerly, Army modernization activities were primarily spread among Forces Command (FORSCOM), Training and Doctrine Command (TRADOC), Army Materiel Command (AMC), Army Test and Evaluation Command (ATEC), and the Army Deputy Chief of Staff G-8. Intended to be a 4-star headquarters largely drawn from existing Army commands, AFC was planned to be established in an urban environment with ready access to academic, technological, and industrial expertise. On July 13, 2018, the Army announced that AFC would be headquartered in Austin, TX, and that it had achieved initial operating capability on July 1, 2018. According to the Army, when AFC reaches full operating capacity in summer 2019, the headquarters will comprise approximately 500 personnel (about 100 uniformed and 400 Army civilians). Sub-organizations, many of which currently reside within FORSCOM, TRADOC, and AMC, are to transition to AFC, but there are no plans to physically move units or personnel from these commands at the present time.

Army Futures Command intends to use what it calls Cross-Functional Teams (CFT) as part of its mission, which includes the development of NGCV. As a means to "increase the efficiency of its requirements and technology development efforts, the Army established cross-functional team pilots for modernization" in October 2017. These CFTs are intended to

leverage expertise from industry and academia; identify ways to use experimentation, prototyping, and demonstrations; and Identify opportunities to improve the efficiency of requirements development and the overall defense systems acquisition process.

Long Range Precision Fires at Ft. Sill, OK; Next Generation Combat Vehicle at Detroit Arsenal, MI; Future Vertical Lift at Redstone Arsenal, AL; Network Command, Control, Communication, and Intelligence at Aberdeen Proving Ground, MD; Assured Positioning, Navigation and Timing at Redstone Arsenal, AL; Air and Missile Defense at Ft. Sill, OK; Soldier Lethality at Ft. Benning, GA; and Synthetic Training Environment in Orlando, FL.

CFTs are to be a part of AFC. Regarding the NGCV, program acquisition authority is derived from Assistant Secretary of the Army (ASA) for Acquisition, Logistics, and Technology (ALT), who is also the senior Army Acquisition Executive (AAE), to whom the Program Executive Officers (PEOs) report. AFC is to be responsible for requirements and to support PEOs. The NGCV Program Manager (PM), who is subordinate to PEO Ground Combat Systems, is to remain under the control of ASA (ALT) but are to be teamed with CFTs under control of the AFC. The Government Accountability Office (GAO) notes, however

Army Futures Command has not yet established policies and procedures detailing how it will execute its assigned mission, roles, and responsibilities. For example, we found that it is not yet clear how Army Futures Command will coordinate its responsibilities with existing acquisition organizations within the Army that do not directly report to it. One such organization is the Office of the Assistant Secretary of the Army for Acquisition, Logistics and Technology [ASA (ALT)]—the civilian authority responsible for the overall supervision of acquisition matters for the Army—and the acquisition offices it oversees.

The Army's explanation of how the NGCV program is to be administered and managed, along with GAO's findings regarding AFC not yet having established policies and procedures, suggests a current degree of uncertainty as to how the NGCV program will be managed.

Figure 1 depicts the Department of Defense (DOD) Systems Acquisition Framework, which illustrates the various phases of systems development and acquisitions and is applicable to the procurement of Army ground combat systems.

Reportedly, the original OMFV plan called for five years of Technology Development, starting in FY2019, and leading up to a FY2024 Milestone B decision to move the program into the Engineering and Manufacturing Development phase. If the Engineering and Manufacturing Development phase proved successful, the Army planned for a Milestone C decision to move the program into the Production and Deployment phase in FY2028, with the intent of equipping the first unit by FY2032.

Secretary of the Army Accelerates the Program

In April 2018, Secretary of the Army Mark Esper, noting that industry could deliver OMFV prototypes by FY2021, reportedly stated he wanted to accelerate the OMFV timeline. After examining a number of possible courses of action, the Army reportedly settled on a timeline that would result in an FY2026 fielding of the OMFV. This being the case, the Army reportedly will pursue a "heavily modified off-the-shelf model meaning a mature chassis and turret integrated with new sensors." Unofficially, some Army officials suggested they would like to see a 50 mm cannon on industry-proposed vehicles. Under this new acquisition approach, the Army plans to

award up to two vendors three-year Engineering and Manufacturing Development (EMD) contracts in the first quarter of FY2020; if EMD is successful, make a Milestone C decision to move the program into the Production and Development phase in the third quarter of FY2023; and Equip first units in the first quarter of FY2026.

Reportedly, the Army plans eventually to award a production contract for up to 3,590 OMFVs to a single vendor. Although the Army reportedly expects five to seven vendors to compete for the OMFV EMD contract, three vendors have already showcased prospective platforms.

BAE Systems is proposing its fifth-generation CV-90. The CV-90 was first fielded in Europe in the 1990s. The latest version mounts a 35 mm cannon provided by Northrop Grumman that can accommodate 50 mm munitions. The CV-90 also features the Israeli IMI Systems Iron Fist active protection system (APS), which is currently being tested on the M-2 Bradley. The CV-90 can accommodate a three-person crew and five infantry soldiers.

GDLS is proposing its Griffin III technology demonstrator, which uses the British Ajax scout vehicle chassis. The Griffin III mounts a 50 mm cannon and can accommodate an APS and host unmanned aerial vehicles (UAVs). The Griffin II can accommodate a two-person crew and six infantry soldiers.

Raytheon/Rheinmetall is proposing its Lynx vehicle. It can mount a 50 mm cannon and thermal sights, and can accommodate both APS and UAVs. Raytheon states that the Lynx can accommodate an entire nine-soldier infantry squad.

Robotic Combat Vehicles (RCVs) and the OMFV

As part of the revised NGCV Program, the Army plans to develop three RCV variants: Light, Medium, and Heavy. The Army reportedly envisions employing RCVs as "scouts" and "escorts" for manned OMFVs. RCVs could precede OMFVs into battle to deter ambushes and could be used to guard the flanks of OMFV formations. Initially, RCVs would be controlled by operators riding in NGCVs, but the Army hopes that improved ground navigation technology and artificial intelligence will permit a single operator to control multiple RCVs. The following sections provide a brief overview of each variant.

The RCV–L is to be less than 10 tons, with a single vehicle capable of being transported by rotary wing assets. It should be able to accommodate an anti-tank guided missile (ATGM) or a recoilless weapon. It is also expected to have a robust sensor package and be capable of integration with UAVs. The RCV–L is considered to be "expendable."

The RCV–M is to be between 10 to 20 tons, with a single vehicle capable of being transported by a C-130 aircraft. It should be able to accommodate multiple ATGMs, a medium cannon, or a large recoilless cannon. It is also expected to have a robust sensor package and be capable of integration with UAVs. The RCV–M is considered to be a "durable" system and more survivable than the RCV–L.

The RC–H is to be between 20 to 30 tons, with two vehicles capable of being transported by a C-17 aircraft. It is also expected to be able to accommodate an onboard weapon system capable of destroying enemy IFVs and tanks. It should also have a robust sensor package and be capable of integration with UAVs. The RCV–H is considered to be a "nonexpendable" system and more survivable than the other RCVs.

Reportedly, the Army does not have a formal acquisition approach for the RCV, but it plans to experiment from FY2020 to FY2023 with human interface devices and reconnaissance and lethality technologies. Reportedly, the Army plans to issue prototype contracts in November 2019. Depending on the outcome of experimentation with prototypes, the Army expects a procurement decision in FY2023.

OMFV, RCV, and Section 804 Middle Tier Acquisition Authority

Section 804 of the National Defense Authorization Act for FY2016 ( P.L. 114-92 ) provides authority to the Department of Defense (DOD) to rapidly prototype and/or rapidly field capabilities outside the traditional acquisition system. Referred to as "804 Authority," it is intended to deliver a prototype capability in two to five years under two distinct pathways: Rapid Prototyping or Rapid Fielding. One of the benefits of using 804 Authority is that the services can bypass the Joint Requirements Oversight Council (JROC) and the Joint Capabilities Integration Development Systems (JCIDS), two oversight bodies that, according to some critics, slow the acquisition process. Under Rapid Prototyping, the objectives are to

field a prototype that can be demonstrated in an operational environment, and Provide for residual operational capability within five years of an approved requirement.

Under Rapid Fielding, the objectives are to

begin production within six months, and Complete fielding within five years of an approved requirement.

For the OMFV program, the Army reportedly plans to use Rapid Prototyping under Section 804 to permit the program to enter at the EMD Phase, thereby avoiding a two- to three-year Technical Maturation Phase. Regarding the RCV program, the Army's Robotic Campaign Plan indicates that Section 804 authority is an "option" for RCV development.

While many in DOD have embraced the use of Section 804 authority, some have expressed concerns. Supporters of Section 804 authority contend that provides "an alternative path for systems that can be fielded within five years or use proven technologies to upgrade existing systems while bypassing typical oversight bodies that are said to slow the acquisition process." Critics, however, argue that "new rapid prototyping authorities won't eliminate the complexities of technology development." One former Under Secretary of Defense for Acquisition, Technology, and Logistics, Frank Kendall, reportedly warns

What determines how long a development program takes is the product. Complexity and technical difficulty drive schedule. That can't be wished away. Requirements set by operators drive both complexity and technical difficulty. You have to begin there. It is possible to build some kinds of prototypes quickly if requirements are reduced and designs are simplified. Whether an operator will want that product is another question. It's also possible to set totally unrealistic schedules and get industry to bid on them. There is a great deal of history that teaches us that this is a really bad idea.

Others contend that for this authority to work as intended, "maintaining visibility of 804 prototyping would be vital to ensure the authority is properly used" and that "developing a data collection and analytical process will enable DOD to have insight into how these projects are being managed and executed." In this regard, congressional oversight of programs employing Section 804 authority could prove essential to ensuring a proper and prudent use of this congressionally authorized authority.

The Army requested $378 million in Research, Development, Test, and Evaluation (RDT&E) funding for the OMFV program and $109 million in RDT&E funding for the RCV in its FY2020 budget request. In terms of the OMFV, funding is planned to be used for, among other things, maturing technological upgrades for integration into the vehicle, including nondevelopmental active protection systems (APS), the XM 913 50 mm cannon, and the 3 rd Generation Forward Looking Infrared Radar (FLIR). FY2020 funding for RCVs is planned for finishing building prototypes of surrogate platforms and conducting manned-unmanned teaming evaluations.

How Will the OMFV Program Avoid the Same Fate as the Cancelled FCS and GCV Programs?

The OMFV is expected to be the Army's third attempt to replace the M-2 Bradley IFV after two costly previous attempts were cancelled, perhaps casting doubt on the Army's ability to design and field major ground combat systems. While many factors contributed to the cancelled FCS and GCV programs, two common problems were (1) overreliance on too many immature technologies, as well as the failure of some critical technologies, and (2) frequently changing performance requirements from Army leadership, resulting in increased program costs. Although the Army suggests that an emphasis on prototyping and the creation of the Army Futures Command (AFC) may remedy such problems, it can be argued these remedies are, at best, too general and lack specific measures necessary to ensure that past problems do not recur. To enhance program oversight and avoid potential problems in the OMFV program, Congress might consider requiring the Army to articulate the specific measures it will employ to mitigate technological challenges and leadership-generated "requirements creep." In terms of requirements, it may be beneficial to have answers to the following questions:

Who in the Army will have input into OMFV performance requirements? Who in the Army adjudicates the inputs for OMFV performance requirements? Who in the Army will be responsible for the final decision on OMFV performance requirements?

Understanding these standards could help policymakers conduct oversight in terms of overall OMFV program accountability, especially if requirements change over the lifecycle of the program.

Army Futures Command's (AFC's) Role in OMFV and RCV Program Management

One of the reasons cited for the failure of the FCS program was a "complicated program management approach." Program management of major defense systems typically involves a number of organizations and multiple authorities and processes. Even by those standards, however, program management of the OMFV and RCV programs is arguably overly complicated and somewhat ill-defined (see pages 6-7). Determining AFC's role in OMFV and RCV program management, and how it will relate to the ASA (ALT) and PEO Ground Combat Systems and other organizations, may be a work in progress; however, at some point, having a clearly established management structure with agreed authorities and responsibilities is likely to be essential for ultimate program success. Toward this end, Congress might consider examining, in detail, the Army's proposed program management structure and authorities and processes for OMFV and RCV to help ensure that program management will be efficient and effective, and not a programmatic detriment (as it was in the case of the FCS).

The Relationship Between the OMFV and RCVs

As previously noted, the Army envisions employing RCVs as "scouts" and "escorts" for manned OMFVs. In addition to enhancing OMFV survivability, RCVs could potentially increase the overall lethality of ABCTs. Army leadership has stated that the Army's first priority is replacing the Bradley with the OMFV, that the RCV will mature on a longer timeline than the OMFV, and that the OMFV will later be joined by the RCV.

Given technological challenges, particularly autonomous ground navigation and artificial intelligence improvement, the Army's vision for RCV may not be achievable by the planned FY2026 fielding date or for many years thereafter. The Army describes the OMFV and RCV as "complementary" systems, but a more nuanced description of both the systematic and operational relationship between the two could be beneficial. While the OMFV appears to offer a significant improvement over the M-2 Bradley—given weapon systems technological advances by potential adversaries—operating alone without accompanying RCVs, the OMFV may offer little or marginal operational improvement over the M-2 Bradley. Recognizing the risks associated with a scenario where RCV fielding is significantly delayed or postponed due to technological challenges—along with a better understanding of the systematic and operational relationship between the OMFV and the RCV—could prove useful for policymakers. Another potential oversight question for Congress could be what is the role of Army Futures Command (AFC) in integrating requirements between OMFV and RCVs?

To some, the use of Section 804 authority offers great promise in developing and fielding qualifying weapon systems quickly and cost-effectively. Others note that rapid prototyping authorities under Section 804 will not eliminate the complexities of technology development and that operational requirements also drive the complexity and technical difficulty of a project. In acknowledging the potential benefits that Section 804 authority could bring to the Army's third attempt to replace the M-2 Bradley, as well as the risks associated with its use over a more traditional acquisition approach, policymakers might decide to examine the potential costs, benefits, and risks associated with using Section 804 authority for the OMFV program.


Federal Disaster Assistance Response and Recovery Programs: Brief Summaries

Summary: This report is designed to assist Members of Congress and their staff as they address the needs of their states, communities, and constituents after a disaster. It includes a summary of federal programs that provide federal disaster assistance to individual survivors, states, territories, local governments, and nongovernmental entities following a natural or man-made disaster. A number of federal agencies provide financial assistance through grants, loans, and loan guarantees to assist in the provision of critical services, such as temporary housing, counseling, and infrastructure repair.

Summary: The programs summarized in this report fall into two broad categories. First, there are programs specifically authorized for use during situations occurring because of a disaster. Most of these programs are administered by the Federal Emergency Management Agency (FEMA). Second are general assistance programs that in some instances may be used either in disaster situations or to meet other needs unrelated to a disaster. Many federal agencies, including the Departments of Health and Human Services (HHS) and Housing and Urban Development (HUD), administer programs that may be included in the second category.

Summary: The programs in the report are primarily organized by recipient: individuals, state and local governments, nongovernmental entities, or businesses. These programs address a variety of short-term needs, such as food and shelter, and long-term needs, such as the repair of public utilities and public infrastructure.

Summary: The report also includes a list of Congressional Research Service (CRS) reports on disaster assistance as well as relevant federal agency websites that provide information on disaster responses, updates on recovery efforts, and resources on federal assistance programs.

Summary: This report will be updated as significant legislative or administrative changes occur.

Federal agencies provide a range of assistance to individual survivors; state, territorial, and local governments; and nongovernmental entities after major disasters, including natural disasters and terrorist attacks. Types of aid can include, but are not limited to, operational, logistical, and technical support; financial assistance through grants, loans, and loan guarantees; and the provision of federally owned equipment and facilities.

Many, but not all, programs are available after the President issues a major disaster declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) authority. More limited aid is available under a Stafford Act emergency declaration, a declaration issued by a department or agency head, or on an as needed basis.

This report only identifies programs frequently used to provide financial assistance in the disaster response and recovery process. It provides brief descriptive information to help congressional offices determine which programs merit further consideration in the planning, organization, or execution of the disaster response and recovery process.

Most of the programs listed here are authorized as assistance programs and are listed at the General Services Administration (GSA) website beta.SAM.gov. The list does not include operational or technical assistance that some agencies provide in emergency or disaster situations. It is also not inclusive of all forms of financial disaster assistance that may be available to every jurisdiction in every circumstance, as unique factors often trigger unique forms of assistance. Congress may, and frequently has, authorized specific forms of financial assistance on a limited basis following particular disasters.

Programs discussed in this report satisfy one or more of the following criteria:

Congress expressly designated the program to provide financial assistance for disaster relief or recovery. The program is applicable to most disaster situations, even if not specifically authorized for that purpose. The Federal Emergency Management Agency (FEMA) and other federal agencies have frequently used the program to provide financial assistance. The program is potentially useful for addressing short-term and long-term recovery needs (e.g., assistance with processing survivor benefits or repair of public facilities).

Most of the programs listed in this report are specifically authorized for use during situations occurring because of a disaster. General assistance programs that may apply to disaster situations are described at the end of the report (see " General Assistance Programs ").

As Congress and the Administration respond to domestic needs arising from major disasters, some conditions of these programs may be changed. For the most up-to-date information on a particular program, please contact the CRS analyst or department or agency program officers listed in the report.

The Individuals and Households Program (IHP) is the primary vehicle for FEMA assistance to individuals and households after the President issues an emergency or major disaster declaration, when authorized. It is intended to meet basic needs and support recovery efforts, but it cannot compensate disaster survivors for all losses. Congress appropriates money for the IHP (and most other aid authorized by the Stafford Act) to the Disaster Relief Fund.

IHP assistance is available in the form of financial and direct assistance to eligible individuals and households who, as a result of a disaster, have uninsured or under-insured necessary expenses and serious needs that cannot be met through other means or forms of assistance. Program funds have a wide range of eligible uses, including different forms of temporary housing assistance; housing repairs; housing replacement; and permanent housing construction. IHP funds may also be used for other needs assistance (ONA), including funeral, medical, dental, childcare, personal property, transportation, and other expenses.

FEMA provides 100% of the housing assistance costs, but ONA is subject to a 75% federal and 25% state cost share. In addition, there is a limitation on the amount of financial assistance an individual or household may receive, with financial assistance including assistance to reimburse temporary lodging expenses; rent for alternate housing accommodations; home repairs and replacement; as well as ONA.

Financial assistance for repairs and replacement may not exceed $34,900 (FY2019). Separately, financial assistance for ONA may not exceed $34,900 (FY2019). Financial assistance to rent alternate housing accommodations under Section 408 (c)(1)(A)(i) of the Stafford Act, however, is excluded from the cap.

The maximum amount of financial assistance is adjusted annually to reflect changes in the Consumer Price Index. IHP assistance is intended to be temporary and is generally limited to a period of 18 months from the date of the declaration, but may be extended by FEMA. (Also see " Physical Disaster Loans—Residential SBA Disaster Loans Available to Homeowners and Renters " below for additional assistance for homeowners and renters.)

Agency : Federal Emergency Management Agency Authority : 42 U.S.C. §5174 Regulation : 44 C.F.R. §§206.110–206.120 Phone : Office of Congressional Affairs, 202-646-4500 Website : https://www.fema.gov/media-library/assets/documents/24945 CFDA Program Numbers : 97.048 and 97.050 CRS Contact : Elizabeth Webster, 202-707-9197

Disaster Unemployment Assistance (DUA) provides benefits to previously employed or self-employed individuals rendered jobless as a direct result of a major disaster and who are not eligible for regular federal or state unemployment compensation (UC). In certain cases, individuals who have no work history or are unable to work may also be eligible for DUA benefits. DUA is federally funded through FEMA, but is administered by the Department of Labor and state UC agencies.

In general, individuals must apply for benefits within 30 days after the date the state announces availability of DUA benefits. When applicants have good cause, they may file claims after the 30-day deadline. This deadline may be extended; however, initial applications filed after the 26 th week following the declaration date will not be considered. When a reasonable comparative earnings history can be constructed, DUA benefits are determined in a similar manner to regular state UC benefit rules. The minimum weekly DUA benefit is required to be half of the average weekly UC benefit for the state where the disaster occurred. DUA assistance is available to eligible individuals as long as the major disaster continues, but no longer than 26 weeks after the disaster declaration.

For more information, see CRS Report RS22022, Disaster Unemployment Assistance (DUA) , by Julie M. Whittaker.

Agency: Department of Labor, Employment and Training Administration Authority: 42 U.S.C. §5177 Regulation: 20 C.F.R. §625; 44 C.F.R. §206.141 Contact: See listings of resources by state , https://www.careeronestop.org/localhelp/unemploymentbenefits/unemployment-benefits.aspx Website: http://ows.doleta.gov/unemploy/disaster.asp CFDA Program Number : 97.034 CRS Contact: Julie Whittaker, 202-707-2587

The dislocated worker program helps fund training and related assistance to persons who have lost their jobs and are unlikely to return to their current jobs or industries. Of the funds appropriated, 80% are allotted by formula grants to states and local entities and 20% are reserved by the Secretary of Labor to fund a national reserve that supports national dislocated worker grants to states or local ent ities. One type of national emergency grant is Disaster Relief Employment Assistance, under which funds can be made available to states to employ dislocated workers in temporary jobs involving recovery after a national emergency. An individual may be employed for up to 12 months. There are no matching requirements for Workforce Innovation and Opportunity Act (WIOA) programs.

Agency: Department of Labor, Employment and Training Administration Authority: 29 U.S.C. §3225 Regulation: 20 C.F.R. §671 Contact: See listings of state Dislocated Worker/Rapid Response Coordinators at http://www.doleta.gov/layoff/rapid_coord.cfm Website: https://www.doleta.gov/DWGs/eta_default.cfm CFDA Program Number : 17.278 CRS Contact: David H. Bradley, 202-707-7352

Physical Disaster Loans—Residential SBA Disaster Loans Available to Homeowners and Renters

The majority of disaster loans provided by the Small Business Administration (SBA), approximately 80%, are made available to individuals and households. SBA disaster assistance is provided in the form of loans, not grants, and therefore must be repaid to the federal government. Homeowners, renters, and personal property owners located in a declared disaster area (and in contiguous counties) may apply to the SBA for loans to help recover losses from the disaster.

SBA's Home Disaster Loan Program falls into two categories: personal property loans and real property loans. These loans cover only uninsured or underinsured property and primary residences. Loan maturities may be up to 30 years.

A personal property loan provides a creditworthy homeowner or renter with up to $40,000 to repair or replace personal property items, such as furniture, clothing, or automobiles, damaged or lost in a disaster. These loans cover only uninsured or underinsured property and primary residences and cannot be used to replace extraordinarily expensive or irreplaceable items, such as antiques, recreational vehicles, or furs.

A creditworthy homeowner may apply for a "real property loan" of up to $200,000 to repair or restore the homeowner's primary residence to its predisaster condition. The loans may not be used to upgrade homes or build additions, unless upgrades or changes are required by city or county building codes. A real property loan may be increased by 20% for repairs to protect the damaged property from a similar disaster in the future.

Agency: Small Business Administration Authority: 15 U.S.C. §636(b) Regulation: 13 C.F.R. §§123.200–123.204 Contact : Office of Congressional and Legislative Affairs, 202-205-6700 Website : https://disasterloan.sba.gov/ela/Information/TypesOfLoans CFDA Program Number : 59.008 CRS Contact : Bruce R. Lindsay, 202-707-3752

This unique fund directs payments to individuals and groups for disaster-related needs that have not been or will not be met by government agencies or other organizations. A disaster survivor will normally receive no more than $2,000 from this fund in any one declared disaster unless the Assistant Administrator for the Disaster Assistance Directorate determines that a larger amount is in the best interest of the disaster victim and the federal government. There is no matching requirement for this program and no limitation on the time period in which assistance is available.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §5121 et seq. Regulation: 44 C.F.R. §206.181 Contact : Office of Congressional Affairs, 202-646-4500 Website : http://www.fema.gov/library/viewRecord.do?id=5037 CRS Contact: Bruce R. Lindsay, 202-707-3752

This program provides grants that enable states to offer crisis counseling services, when required, to victims of a federally declared major disaster for the purpose of relieving mental health problems caused or aggravated by the disaster or its aftermath. Assistance is short-term and community-oriented. Cost-share requirements are not imposed on this assistance. The regulations specify that program funding generally ends after nine months, but time extensions may be approved if requested by the state and approved by federal officials.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §5183 Regulation: 44 C.F.R. §206.171 Contact : Office of Congressional Affairs, 202-646-4500 Website: https://www.fema.gov/recovery-directorate/crisis-counseling-assistance-training-program CFDA Pr ogram Number : 97.032 CRS Contact: Sarah A. Lister, 202-707-7320

Disaster Legal Services (DLS) are provided for free to low-income individuals who require them as a result of a major disaster, and the provision of services is "confined to the securing of benefits under the [Stafford] Act and claims arising out of a major disaster." Assistance may include help with insurance claims, drawing up new wills and other legal documents lost in the disaster, help with home repair contracts and contractors, and appeals of FEMA decisions. Neither the statute nor the regulations establish cost-share requirements or time limitations for DLS.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §5182 Regulation: 44 C.F.R. §206.164 Contact : Office of Congressional Affairs, 202-646-4500 Website: https://www.fema.gov/media-library/assets/documents/24413 CFDA Program Number : 97.033 CRS Contact: Elizabeth Webster, 202-707-9197

The Disaster Case Management (DCM) program partners case managers and disaster survivors to develop and implement Disaster Recovery Plans to address unmet needs. The DCM program is authorized under the Stafford Act. Following a presidentially declared major disaster that includes Individual Assistance (IA), the governor or tribal executive may request a grant to use DCM providers to supply services to survivors with long-term, disaster-caused unmet needs. The program is time-limited, and it shall not exceed 24 months from the date of the presidential major disaster declaration.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §5189d Contact: Office of Congressional Affairs, 202-646-4500 Website: https://www.fema.gov/media-library/assets/documents/101292 CFDA Program Number : 97.088 CRS Contact: Elizabeth Webster, 202-707-9197

The Internal Revenue Code (IRC) includes tax relief provisions that apply to individuals and businesses affected by federally declared disasters, and the following are some examples. Individuals located in affected areas are allowed extra time (four years instead of the general two) to replace homes due to involuntary conversion (e.g., destruction from wind or floods, theft, or property ordered to be demolished) and still defer any gain. Taxpayers may also be able to deduct personal casualty losses attributable to federally declared disasters, subject to certain limitations. Qualifying disaster relief payments received by affected individuals are not subject to tax. The Internal Revenue Service also has the authority to provide some relief, including the extension of tax filing deadlines.

In addition to these and other permanent tax relief provisions, special temporary provisions have been enacted for certain disasters. The 2017 tax revision ( P.L. 115-97 ) provided tax relief related to 2016 and 2017 disasters. These measures were expanded to cover the California wildfires in the Bipartisan Budget Act of 2018 ( P.L. 115-123 ).

Agency : Internal Revenue Service Authority : Various provisions throughout the Internal Revenue Code, Title 26 U.S.C., including §§123, 139, 165, 402, 408, 1033, 6654, 7508A Regulation : No specific regulation Contact : Congressional Liaison, 202-317-6985 Website : http://www.irs.gov/uac/Tax-Relief-in-Disaster-Situations CRS Contact s : Molly Sherlock, 202-707-7797

Assistance for State, Territorial, and Local Governments

Authorized by multiple sections of the Stafford Act, the Public Assistance (PA) Grant Program is FEMA's primary form of financial assistance for state and local governments. The PA Program provides grant assistance for many eligible purposes, including the following:

Emergency work, as authorized by Sections 403, 407, and 502 of the Stafford Act, which provide for the removal of debris and emergency protective measures, such as the establishment of temporary shelters and emergency power generation. Permanent work, as authorized by Section 406, which provides for the repair, replacement, or restoration of disaster-damaged, publicly owned facilities and the facilities of certain private nonprofit organizations (PNPs). At its discretion, FEMA may provide assistance for hazard mitigation measures that are not required by applicable codes and standards. As a condition of PA assistance, applicants must obtain and maintain insurance on their facilities for similar future disasters. Management costs, as authorized by Section 324, which reimburses some of the applicant's administrative expenses incurred managing the totality of the PA Program's projects and grants.

PNPs are generally eligible for permanent work assistance if they provide a governmental type of service, though PNPs not providing a "critical" service must first apply to the SBA for loan assistance for facility projects.

The federal government provides a minimum of 75% of the cost of eligible assistance, and this cost share can rise if certain criteria are met. Funding for the PA Program comes through discretionary appropriations to the Disaster Relief Fund.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §§5170b, 5172, 5173, 5189f, 5192 Regulation: 44 C.F.R. §206, subparts G, H, I Contact : Office of Congressional Affairs, 202-646-4500 Website: http://www.fema.gov/public-assistance-local-state-tribal-and-non-profit CFDA Program Number : 97.036 CRS Contact: Natalie Keegan, 202-707-9569

The Hazard Mitigation Grant Program (HMGP) provides grants to states for implementing mitigation measures after a disaster and to provide funding for previously identified mitigation measures to lessen future damage and loss of life. The federal government provides up to 75% of the cost share of eligible projects. Historically, the amount available for HMGP awards is established by a scale that authorizes three tiers of awards: 15% of the total of other Stafford Act assistance in a state for a major disaster in which no more than $2 billion is provided; 10% for assistance that ranges from more than $2 billion to $10 billion; and 7.5% for a major disaster that involves Stafford Act assistance from more than $10 billion to $35.3 billion.

Funding for HMGP comes through discretionary appropriations to the Disaster Relief Fund. The amount of funding provided can be increased if the state has an approved enhanced mitigation plan. HMGP funding is only awarded with a major disaster declaration, not an emergency declaration. However, during FY2015, FY2017, and FY2018, Congress directed that HMGP grants be made available with fire management assistance grants.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §5170c Regulation: 44 C.F.R. §§206.430–206.440 Contact : Office of Congressional Affairs , 202-646-4500 Website : http://www.fema.gov/hazard-mitigation-grant-program CFDA Program Number : 97.039 CRS Contact: Diane P. Horn, 202-707-3472

The Pre-Disaster Mitigation (PDM) Grant Program provides grants and technical assistance to states, territories, and local communities for cost-effective hazard mitigation activities that complement a comprehensive hazard mitigation program and reduce injuries, loss of life, and damage and destruction of property. Through FY2018, a minimum of the lesser of $575,000 or 1.0% of appropriated funds was provided to a state or local government, with assistance capped at 15% of appropriated funds. Federal funds generally comprise 75% of the cost of approved mitigation projects, except for small impoverished communities that may receive up to 90% of the cost.

Funding for the PDM Program changed significantly with the passage of the Disaster Recovery Reform Act of 2018 (DRRA). DRRA authorizes the National Public Infrastructure Pre-Disaster Mitigation Fund, for which the President may set aside from the DRF, with respect to each major disaster, an amount equal to 6% of the estimated aggregate amount of the grants to be made pursuant to the following sections of the Stafford Act: 403 (essential assistance), 406 (repair, restoration, and replacement of damaged facilities), 407 (debris removal), 408 (federal assistance to individuals and households), 410 (unemployment assistance), 416 (crisis counseling assistance and training), and 428 (public assistance program alternative program procedures).

These changes may increase the focus on funding public infrastructure projects that improve community resilience before a disaster occurs, although FEMA has the discretion to shape the program in many ways. There is potential for significantly increased funding post-DRRA through the new transfer from the DRF, but it is not yet clear how FEMA will implement this new program.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §5133 Regulation: 44 C.F.R. §201 Contact : Office of Congressional Affairs, 202-646-4500 Website: http://www.fema.gov/pre-disaster-mitigation-grant-program CFDA Program Number : 97.047 CRS Contact: Diane P. Horn, 202-707-3472

The Community Disaster Loan (CDL) program provides loans to local governments that have suffered substantial loss of tax and other revenue in areas included in a major disaster declaration. Typically, the loan may not exceed 25% of the local government's annual operating budget for the fiscal year of the disaster. The limit is 50% if the local government lost 75% or more of its annual operating budget. A loan may not exceed $5 million, and there is no matching requirement.

The statute does not impose time limitations on the assistance, but the normal term of a loan is five years. The statute provides that the repayment requirement is cancelled if local government revenues are not sufficient to meet operations expenses during a three-fiscal-year period after a disaster. The governor's authorized representative must officially approve the application and funds must be available in the Disaster Assistance Direct Loan Program (DADLP) account.

In P.L. 115-72 , Congress provided up to $4.9 billion for the CDL program to assist local governments in providing essential services as a result of Hurricanes Harvey, Irma, or Maria. However, this legislation departed from the traditional CDL program framework by giving the Secretary of Homeland Security (in consultation with the Secretary of the Treasury) broad authority over lending terms, eligible uses, and criteria for loan cancelation, among other program elements. As a result, this CDL-type program operates differently from the traditional program. For more information, see CRS Insight IN11106, Community Disaster Loans: Homeland Security Issues in the 116th Congress , by Michael H. Cecire.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §5184 Regulation: 44 C.F.R. §§206.360–206.378 Contact : Office of Congressional Affairs, 202-646-4500 CFDA Program Number : 97.030 CRS Contact: Michael H. Cecire, 202-707-7109

Fire Management Assistance Grant Program

This program provides grants to state and local governments to aid states and their communities with the mitigation, management, and control of fires burning on publicly or privately owned forests or grasslands. The federal government provides 75% of the costs associated with fire management projects, but funding is limited to calculations of the "fire cost threshold" for each state. No time limitation is applied to the program. For more information, see CRS Report R43738, Fire Management Assistance Grants: Frequently Asked Questions , by Bruce R. Lindsay and Katie Hoover.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §5187 Regulation: 44 C.F.R. §§204.1–204.64 Contact : Office of Congressional Affairs, 202-646-4500 Website: https://www.fema.gov/fire-management-assistance-grant-program CFDA Program Number : 97.046 CRS Contact: Bruce R. Lindsay, 202-707-3752

Congress created the Oil Spill Liability Trust Fund (OSLTF) in 1986. Subsequent laws authorized the OSLTF taxing authority, appropriations from the fund, and eligible uses for the fund. The OSLTF complements the Oil Pollution Act of 1990 (OPA; P.L. 101-380 ), which established a new federal oil spill liability framework, replaced existing federal liability frameworks, and amended the existing Clean Water Act oil spill response authorities. In addition, OPA transferred monies into the OSLTF from existing liability funds.

The OSLTF may be used, among other purposes, to fund oil spill response activities and to compensate individuals, businesses, and governments for applicable economic damages resulting from an oil spill. Potential damages include injury or loss of property and loss of profits or earning capacity. OPA established a claims process for compensating parties affected by an oil spill. In general, claims must be presented first to the party responsible for the spill, but specific circumstances (e.g., the responsible party is unknown) allow persons to present a claim directly to the OSLTF.

Agency : National Pollution Funds Center (part of the U.S. Coast Guard) Authority : 26 U.S.C. §9509 and 33 U.S.C. §2712 Regulation : 33 C.F.R. §136 Contact : Office of Legislative Affairs, 202-245-0520 Website : http://www.uscg.mil/npfc/ CRS Contact : Jonathan L. Ramseur, 202-707-7919

Assistance for Small Businesses and Nonprofit Organizations

This program assists small businesses and nonprofits suffering economic injury as a result of disasters by offering loans and loan guarantees. Businesses must be located in disaster areas declared by the President, the Small Business Administration, or the Secretary of Agriculture. There is no matching requirement in this program. The maximum loan amount is $2 million. Loan terms may extend for up to 30 years. The application period is announced at the time of the disaster declaration. For more information, see CRS Report R41309, The SBA Disaster Loan Program: Overview and Possible Issues for Congress , by Bruce R. Lindsay.

Agency: Small Business Administration Authority: 15 U.S.C. §636(b) Regulation: 13 C.F.R. §§123.300–123.303 Contact : Office of Congressional Affairs, 202-205-6700 Website : https://disasterloan.sba.gov/ela/Information/EIDLLoans CFDA Program Number : 59.008 CRS Contact: Bruce R. Lindsay, 202-707-3752

This program provides loans to businesses and nonprofits in declared disaster areas for uninsured physical damage and losses. The maximum loan amount is $2 million. Loan terms may extend for up to 30 years. There is no matching requirement in this program. For more information, see CRS Report R41309, The SBA Disaster Loan Program: Overview and Possible Issues for Congress , by Bruce R. Lindsay.

Agency: Small Business Administration Authority: 15 U.S.C. §636(b) Regulation: 13 C.F.R. §§123.200–123.204 Contact : Office of Congressional Affairs, 202-205-6700 Website: https://disasterloan.sba.gov/ela/Information/BusinessPhysicalLoans CFDA Program Number : 59.008 CRS Contact: Bruce R. Lindsay, 202-707-3752

When a county has been declared a disaster area by either the President or the Secretary of Agriculture, agricultural producers in that county may become eligible for low-interest emergency disaster (EM) loans available through the U.S. Department of Agriculture's Farm Service Agency. Producers in counties that are contiguous to a county with a disaster designation also become eligible for an EM loan.

EM loan funds may be used to help eligible farmers, ranchers, and aquaculture producers recover from production losses (e.g., when the producer suffers a significant loss of an annual crop) or from physical losses (e.g., repairing or replacing damaged or destroyed structures or equipment, or replanting permanent crops, such as orchards). A qualified applicant can then borrow up to 100% of actual production or physical losses (not to exceed $500,000) at a below-market interest rate. For more information see CRS Report RS21212, Agricultural Disaster Assistance , by Megan Stubbs.

Agency: Department of Agriculture, Farm Service Agency Authority: 7 U.S.C. §1961 Regulation: 7 C.F.R. §764 Contact : Legislative Liaison Staff, 202-720-7095 Website: https://www.fsa.usda.gov/programs-and-services/farm-loan-programs/emergency-farm-loans/index CFDA Program Number : 10.404 CRS Contact: Megan Stubbs, 202-707-8707

Since 1968, the federal government has pursued a comprehensive flood risk management strategy designed to (1) identify and map flood-prone communities across the country (flood hazard mapping); (2) encourage property owners in NFIP participating communities to purchase insurance as a protection against flood losses (flood insurance); and (3) require communities in designated flood risk zones to adopt and enforce approved floodplain management ordinances to reduce future flood risk to new construction in regulated floodplains (floodplain management). The Federal Insurance and Mitigation Administration (FIMA), a part of FEMA, manages the NFIP. For more information, see CRS Report R44593, Introduction to the National Flood Insurance Program (NFIP) , by Diane P. Horn and Baird Webel, and CRS In Focus IF11023, Selected Issues for National Flood Insurance Program (NFIP) Reauthorization and Reform , by Diane P. Horn.

Agency: Federal Emergency Management Agency Authority: 42 U.S.C. §4001 et seq. Regulation: 44 C.F.R. §59.1–§82.21 Contact : Office of Congressional Affairs, 202-646-4500 Website: http://www.fema.gov/national-flood-insurance-program CFDA Program Number : 97.022 CRS Contact : Diane Horn, 202-707-3472

In addition to programs described above that provide targeted assistance to individuals, states, territories, local governments, and businesses specifically affected by disasters, other general assistance programs may be useful to communities in disaster situations. For example, individuals who lose income, employment, or health insurance may become eligible for programs that are not specifically intended as disaster relief, such as cash assistance under the Temporary Assistance for Needy Families (TANF) program, job training under the Workforce Investment Act, Medicaid, or the State Children's Health Insurance Program (S-CHIP).

Likewise, state or local officials have the discretion to use funds under programs such as the Social Services Block Grant or Community Development Block Grant to meet disaster-related needs, even though these programs were not established specifically for such purposes. Other agencies may offer assistance to state and local governments, including the Economic Development Administration and the Army Corps of Engineers. For businesses, however, only the disaster programs administered by the Small Business Administration are generally applicable.

Numerous other federal programs could offer disaster relief, but specific eligibility criteria or other program rules might make it less likely that they would actually be used. Moreover, available funds might already be obligated for ongoing program activities. To the extent that federal agencies have discretion in the administration of programs, some agencies may choose to adapt these non-targeted programs for use in disaster situations. Also, Congress may choose to provide additional funds through emergency supplemental appropriations for certain general assistance programs, specifically for use after a disaster.

CRS analysts and program specialists can help provide information regarding general assistance programs that might be relevant to a given disaster situation. CRS appropriations reports may have information on disaster assistance within particular federal agencies. These reports also list CRS's key policy staff by their program area and agency expertise.

CRS Report R41981, Congressional Primer on Responding to Major Disasters and Emergencies , by Bruce R. Lindsay and Elizabeth M. Webster

CRS Report R41101, FEMA Disaster Cost-Shares: Evolution and Analysis , by Natalie Keegan and Elizabeth M. Webster

CRS Report RL33330, Community Development Block Grant Funds in Disaster Relief and Recovery , by Eugene Boyd

CRS Report RL33579, The Public Health and Medical Response to Disasters: Federal Authority and Funding , by Sarah A. Lister

CRS Report R44593, Introduction to the National Flood Insurance Program (NFIP) , by Diane P. Horn and Baird Webel

CRS Insight IN10450, Private Flood Insurance and the National Flood Insurance Program (NFIP) , by Baird Webel and Diane P. Horn

CRS Report R45099, National Flood Insurance Program: Selected Issues and Legislation in the 115th Congress , by Diane P. Horn

CRS In Focus IF10730, Tax Policy and Disaster Recovery , by Molly F. Sherlock

CRS Report R41884, Considerations for a Catastrophic Declaration: Issues and Analysis , by Bruce R. Lindsay

CRS Report R43784, FEMA's Disaster Declaration Process: A Primer , by Bruce R. Lindsay

CRS Report R43738, Fire Management Assistance Grants: Frequently Asked Questions , by Bruce R. Lindsay and Katie Hoover

CRS Report R45085, FEMA Individual Assistance Programs: In Brief , by Shawn Reese

CRS Report R45238, FEMA and SBA Disaster Assistance for Individuals and Households: Application Process, Determinations, and Appeals , by Bruce R. Lindsay and Shawn Reese

Disaster Assistance to Individuals, Families, and Businesses

CRS Report RS22022, Disaster Unemployment Assistance (DUA) , by Julie M. Whittaker

CRS Report R41309, The SBA Disaster Loan Program: Overview and Possible Issues for Congress , by Bruce R. Lindsay

CRS Report RS21212, Agricultural Disaster Assistance , by Megan Stubbs

CRS Report R42854, Emergency Assistance for Agricultural Land Rehabilitation , by Megan Stubbs

CRS In Focus IF10565, Federal Disaster Assistance for Agriculture , by Megan Stubbs

CRS Report R44808, Federal Disaster Assistance: The National Flood Insurance Program and Other Federal Disaster Assistance Programs Available to Individuals and Households After a Flood , by Diane P. Horn

CRS Insight IN11094, The Evolving Use of Disaster Housing Assistance and the Roles of the Disaster Housing Assistance Program (DHAP) and the Individuals and Households Program (IHP) , by Elizabeth M. Webster

CRS Insight IN11054, Disaster Housing Assistance: Homeland Security Issues in the 116th Congress , by Elizabeth M. Webster

CRS Insight IN11106, Community Disaster Loans: Homeland Security Issues in the 116th Congress , by Michael H. Cecire

Note: Because not all agencies have complete, up-to-date information available on the internet, in particular during and immediately after a disaster, congressional users are encouraged to contact the appropriate CRS program analysts or department or agency program officers for more complete, timely information.

Many federal agencies have established websites specifically for responding to disasters. Some agencies maintain websites with comprehensive information about their disaster assistance programs, whereas others supply only limited information; most list contact phone numbers. An A-Z index of U.S. government departments and agencies is available at the website above.

From its website, FEMA offers regular updates on recovery efforts in areas under a major disaster declaration. Information on a specific disaster may include a listing of declared counties and contact information for local residents.

DisasterAssitance.gov provides information on how help might be obtained from the U.S. government before, during, and after a disaster. The website includes tools to find, apply for, and check the status of assistance by category or agency. The website also includes disaster-related news feeds and information on community resources.

Assistance Listings at beta.SAM.gov https://beta.SAM.gov/

Official descriptions of more than 2,200 federal assistance programs, including disaster and recovery grants and loans, can be found on beta.SAM.gov. The website is currently in beta, and it houses federal assistance listings previously found on the now-retired Catalog of Federal Domestic Assistance (CFDA). For programs summarized in this report, CFDA program numbers are given (which are searchable at the "Assistance Listings" domain at beta.SAM.gov). Full assistance listing descriptions, updated by departments and agencies, cover authorizing legislation, objectives, and eligibility and compliance requirements. For current appropriations and additional information, users can contact CRS analysts, or departments and agencies.


The Longshore and Harbor Workers’ Compensation Act (LHWCA): Overview of Workers’ Compensation for Certain Private-Sector Maritime Workers

Summary: The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal workers' compensation program that covers certain private-sector maritime workers. Firms that employ these workers are required to purchase workers' compensation or self-insure and are responsible for providing medical and disability benefits to covered workers who are injured or become ill on the job and survivors benefits to the families of covered workers who die on the job. The LHWCA is administered by the Department of Labor (DOL), and all benefit costs are paid by employers and their insurance carriers. In 2016, more than $1.4 billion in LHWCA benefits were paid to beneficiaries.

Summary: Congress has extended the LHWCA provisions to cover workers outside of the maritime industry, such as overseas government contractors and civilian employees of military post exchanges. As part of the American Recovery and Reinvestment Act of 2009 (ARRA), persons who repair recreational vessels of any size were added to the LHWCA exemption list. In 2011, the DOL implemented this provision; since then, those regulations have proven controversial and numerous bills have been introduced to modify the regulatory definition to increase the number of workers exempted from the LHWCA.

Summary: The LHWCA pays for all medical care associated with a covered injury or illness. Disability benefits are based on a worker's pre-injury wage, and, unlike comparable state workers' compensation benefits, are adjusted annually to reflect national wage growth.

The Longshore and Harbor Workers' Compensation Act (LHWCA) requires that private-sector firms provide workers' compensation coverage for their employees engaged in longshore, harbor, or other maritime occupations on or adjacent to the navigable waters of the United States. Although the LHWCA program is administered by the Department of Labor (DOL), most benefits are paid either through private insurers or self-insured firms.

The LHWCA is a workers' compensation system and not a federal benefits program. Like other workers' compensation systems in the United States, the LHWCA ensures that all covered workers are provided medical and disability benefits in the event they are injured or become ill in the course of their employment, and it provides benefits to the survivors of covered workers who die on the job. In 2016, the LHWCA paid approximately $1.41 billion in cash and medical benefits to injured workers and the families of deceased workers.

Workers' Compensation in the United States

Nearly all private- and public-sector workers in the United States are covered by some form of workers' compensation. The federal government has a limited role in workers' compensation and administers workers' compensation programs only for federal employees and several classes of private-sector workers, including longshore and harbor workers. For most occupations, workers' compensation is mandated by state laws and administered by state agencies.

There is no federal mandate that states provide workers' compensation. However, every state and the District of Columbia has a workers' compensation system. There are no federal standards for state workers' compensation systems. However, all U.S. workers' compensation systems provide for limited wage replacement and full medical benefits for workers who are injured or become ill as a result of their work and survivors benefits to the families of workers who die on the job.

Workers' compensation in the United States is a no-fault system that pays workers for employment-related injuries or illnesses without considering the culpability of any one party. In exchange for this no-fault protection and the guarantee of benefits in the event of an employment-related injury, illness, or death, workers give up their rights to bring actions against employers in the civil court system and give up their rights to seek damages for injuries and illnesses, including pain and suffering, outside of those provided by the workers' compensation laws. Workers' compensation is mandatory in all states and the District of Columbia, with the exception of Texas. In Texas, employers may, under certain conditions, opt out of the workers' compensation system, but in doing so subject themselves to civil actions brought by injured employees.

Prior to the enactment of the LHWCA in 1927, longshore and harbor workers were not covered by any workers' compensation system. Although persons who worked entirely on land were covered by workers' compensation laws in those states that enacted such laws, pursuant to the Supreme Court's 1917 decision in Southern Pacific Co. v. Jensen , state workers' compensation systems did not have jurisdiction over persons working on the "navigable waters" of the United States because the Constitution granted the authority over "matters of admiralty and maritime jurisdiction" to the federal government. The LHWCA created a federal workers' compensation program to cover these workers. In 1972, the LHWCA zone of coverage was extended to include areas adjacent to navigable waters that are used for loading, unloading, repairing, or building vessels.

The LHWCA provisions apply to any private firm with any covered employees who work, full- or part-time, on the navigable waters of the United States, including in any of the following adjoining areas: piers; wharves; dry docks; terminals; building ways; marine railways; or other areas customarily used in the loading, unloading, repairing, or building of vessels.

With the exception of workers excluded by statute (listed below), the LHWCA covers any maritime employee of a covered firm, including longshore workers (those who load and unload ships) and harbor workers (i.e., ship repairmen, ship builders, and ship breakers).

Sections 2(3) and 3(b) of the LHWCA exclude the following workers from coverage:

Workers covered by a state workers' compensation law, including employees exclusively engaged in clerical, secretarial, security, or data processing work; persons employed by a club, camp, recreational operation, museum, or retail outlet; marina employees not engaged in the construction, replacement, or expansion of the marina; suppliers, transporters, and vendors doing business temporarily at the site of a covered employer; aquaculture workers; and employees who build any recreational vessel under 65 feet in length, or repair any recreational vessel, or dismantle any part of a recreational vessel in connection with the repair of the vessel. Workers, whether covered or not covered by a state workers' compensation law, including masters and crew members of vessels; persons engaged by the master of a vessel to unload any vessel under 18 tons net; and employees of the federal government, or any state, local, or foreign government or any subdivision of such a government.

Section 803 of the American Recovery and Reinvestment Act of 2009 (ARRA) modified one of the excluded classes of workers under the LHWCA by adding additional exclusions for persons who work on recreational vessels over 65 feet in length. Prior to the amendment, Section 2(3)(F) of the LHWCA read as follows:

(3) The term "employee" means…but such term does not include…

(F) individuals employed to build, repair, or dismantle any recreational vessel under sixty-five feet in length.

This section, as amended, reads as follows (with additions in italics):

(F) individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel.

By granting an exemption from the LHWCA to persons engaged in the repair of any recreation vessel, regardless of its size, this amendment limits the scope of the LHWCA and increases the types of workers excluded from coverage.

2011 DOL Regulations Defining Recreational Vessel

In 2011, the DOL promulgated implementing regulations for the new recreational vessel provision provided by Section 803 of ARRA. These regulations provided definitions of recreational vessel for the purposes of the determination of LHWCA coverage. These definitions are based on the classification of vessels used by the U.S. Coast Guard (USCG) and provided in statute and regulation.

Specifically, under these current DOL regulations, a vessel is considered a recreational vessel if the vessel is

being manufactured or operated mainly for pleasure or leased, rented, or chartered to another person for his or her pleasure.

Definition for Vessel Being Built or Repaired Under Warranty

In addition, for a vessel being built or repaired under warranty by its manufacturer or builder, the vessel is considered a recreational vessel if it appears based on its design and construction to be intended for recreational uses. The manufacturer or builder bears the burden under this regulation to establish that the vessel is a recreational vessel.

Definition for Vessel Being Repaired or Dismantled

For a vessel being repaired, dismantled for repair, or dismantled at the end of its life (ship breaking), the vessel is not considered a recreational vessel if it was operating, more than infrequently, in one of the following categories provided in the U.S. Code :

"passenger vessel" (46 U.S.C. §2101(22)); "small passenger vessel" (46 U.S.C. §2101(35)); "uninspected passenger vessel" (46 U.S.C. §2101(42)); vessel routinely engaged in "commercial service" (46 U.S.C. §2101(5)); or vessel that routinely carries "passengers for hire" (46 U.S.C. §2101(21a)).

A vessel being repaired, dismantled for repair, or dismantled at the end of its life is considered a recreational vessel if the vessel is a public vessel owned, or bareboat chartered, by the federal government or a state or local government and shares elements of design and construction with traditional recreational vessels and is not used for military or commercial purposes.

Legislation to Change the DOL's Definition of Recreational Vessel

Since the promulgation of the DOL's 2011 rules providing regulatory definitions of recreational vessels for the purposes of the LHWCA, numerous bills have been introduced that would, if enacted, remove the existing regulatory definitions for a vessel being repaired, dismantled for repair, or dismantled at the end of its life so that the USCG categories of vessels provided in Section 2101 of Title 46 of the United States Code would no longer be used in the classification of such a vessel under the LHWCA. This legislation would expand the types of recreational vessels. Because persons who work on recreational vessels are not covered by the LHWCA, the legislation would allow employers to purchase workers' compensation for these workers under state laws rather than the LHWCA, which, due to the more generous benefits frequently offered by the LHWCA and the limited number of providers, may be more expensive.

In the 115 th Congress, Section 3509 of H.R. 2810 , the National Defense Authorization Act for 2018 (NDAA), as initially passed by the House of Representatives on July 14, 2017, contained this legislative provision. This provision was not included in the Senate version of the bill nor in the final NDAA enacted into law.

The LHWCA has been amended four times to extend coverage to occupations outside the original scope of the law. In 1928, coverage was extended to employees of the District of Columbia . The provision was repealed, effective for all injuries occurring on or after July 26, 1982, with the enactment by the District of Columbia government of the District of Columbia Workers' Compensation Act of 1982. Benefits for injuries that occurred prior to July 26, 1982, continue to be paid under the LHWCA.

Coverage was extended to overse a s military and public works contractors in 1941 with the enactment of the Defense Base Act. In 1952, coverage was extended to civilian employees of nonappropriated fund instrumentalities of the armed forces , such as service clubs and post exchanges. Coverage was extended in 1953 to employees working on the Outer Continental Shelf in the exploration and the development of natural resources , such as workers on offshore oil platforms.

Employers required by the LHWCA to provide workers' compensation coverage to their employees may either purchase private insurance or self-insure. The DOL is responsible for authorizing insurance carriers to provide coverage under the LHWCA program and for authorizing companies to self-insure. However, the DOL does not set or regulate insurance premiums. These insurance arrangements are the primary means of providing LHWCA benefits to injured, sick, and deceased workers and their families. General revenue is not used to pay any LHWCA benefits.

The DOL operates the Special Fund to provide LHWCA benefits in cases in which the responsible employer or insurance carrier cannot pay or in which benefits must be paid for a second injury under Section 8(f) of the LHWCA. The Special Fund is financed through an annual assessment charged to employers and insurance carriers based on the previous year's claims, payments required when an employee dies without any survivors, disability payments due to an employee without survivors after his or her death, and penalties and fines assessed for noncompliance with LHWCA program rules.

The administrative costs associated with the LHWCA are largely provided by general revenue. General revenue is used to pay for most oversight functions associated with the LHWCA and the processing of LHWCA claims. General revenue is also used to pay legal and investigative costs associated with the DOL Office of the Solicitor and Office of the Inspector General. Revenue from the Special Fund is used to finance oversight activities related to the Special Fund and the program's vocational rehabilitation activities. In 2016, total administrative costs associated with the LHWCA were approximately $15.8 million, of which $13.6 million, or 86%, was paid by general revenue and $2.2 million, or 14%, was paid by the Special Fund.

The LHWCA provides medical benefits for covered injuries and illnesses and disability benefits to partially cover wages lost due to covered injuries or illnesses, and it provides survivors benefits to the families of workers who die on the job.

The LHWCA provides medical benefits to fully cover the cost of any medical treatment associated with a covered injury or illness. These medical benefits are provided without any deductibles, copayments, or costs paid by the injured worker. Prescription drugs and medical procedures are fully covered, as are costs associated with travelling to and from medical appointments. A covered worker may select his or her own treating physician, provided the physician has not been debarred from the LHWCA program for violating program rules.

Covered workers are entitled to vocational rehabilitation services provided under the LHWCA. Vocational rehabilitation services are designed to assist the covered worker in returning to employment. There is no cost to the covered worker for vocational rehabilitation and workers actively participating in a rehabilitation program are entitled to an additional benefit of $25 per week. All costs associated with vocational rehabilitation under the LHWCA are paid out of the Special Fund. Vocational rehabilitation services may be provided by public or private rehabilitation agencies.

The LHWCA provides disability benefits to covered workers to partially cover wages lost due to the inability to work because of a covered injury or illness. The amount of disability benefits is based on the worker's pre-disability wage, subject to maximum and minimum benefits based on the National Average Weekly Wage (NAWW) as determined by the DOL. The NAWW is updated October 1 of each year and is based on average wages across the United States for the three calendar quarters ending on June 30 of that year. The minimum weekly benefit that can be paid to a covered employee is equal to 50% of the NAWW and the maximum weekly benefit that can be paid is equal to 200% of the NAWW.

Disability benefits under the LHWCA, like all workers' compensation benefits, are not subject to federal income taxes. Unlike most state workers' compensation benefits, however, LHWCA benefits are adjusted based on wage inflation rather than price inflation. Benefits are adjusted annually each October 1 to reflect the change in the NAWW from the previous year, up to a maximum increase of 5%.

The LHWCA provides benefits in cases of total disability. Under the LHWCA, a worker is considered totally disabled if he or she is unable to earn his or her pre-injury wage because of a covered injury or illness. In addition, a worker is also considered totally disabled if he or she loses both hands, arms, feet, legs, or eyes, or any two of these body systems, such as the loss of one arm and one leg. Total disability benefits under the LHWCA are equal to two-thirds of the covered worker's wage at the time of the injury or illness. Total disability benefits continue until the worker is no longer totally disabled or dies.

If a covered worker is able to partially return to work or return to work at a wage level less than his or her wage at the time of injury, then he or she is considered partially disabled. In cases of temporary partial disability, the LHWCA benefit is equal to two-thirds of the difference between the workers' pre-injury wage and his or her current earning capacity or actual earnings.

Section 8(c) of the LHWCA provides a schedule of benefits to be paid in cases of permanent partial disability (PPD), such as the loss of a limb. The benefit schedule provides the number of weeks of compensation, at two-thirds of the pre-injury wage, for each type of PPD. For example, the LHWCA schedule provides that a worker who loses an arm is entitled to 312 weeks of compensation. Benefits in cases not listed on the schedule are paid at two-thirds of the difference between the pre-injury wage and current earning capacity for the duration of the disability. Schedule benefits for PPD are paid regardless of the current work status or earnings capacity of the employee. Thus, an employee with a PPD can fully return to work and earn his or her wage in addition to the PPD compensation. A copy of the LHWCA PPD schedule can be found in the Appendix to this report.

If a worker has an illness that was caused by his or her covered employment but did not manifest itself until after his or her retirement, then he or she is entitled to disability benefits equal to two-thirds of the NAWW multiplied by the percentage of his or her impairment. The percentage of impairment is determined using the current edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment (AMA Guides ), or another professionally recognized source if the condition is not listed in the AMA Guides.

The LHWCA provides cash benefits to the surviving spouses and minor children of workers killed on the job. Benefits for a surviving spouse end when the spouse remarries or dies and benefits for surviving children continue until the children reach the age of 18, age 23 if a full-time student, or for the life a child with a disability.

A surviving spouse with no eligible children is entitled to one-half of the deceased worker's wage at the time of death under the LHWCA. A surviving spouse with one or more eligible children is entitled to two-thirds of the deceased worker's wage at the time of death. Once all children become ineligible for benefits because of their ages, the surviving spouse's benefit is reduced to the level of a spouse without any eligible children.

If an eligible spouse becomes ineligible for benefits because of death or remarriage, or if there is no surviving spouse, benefits are still paid to any surviving children. Under the LHWCA, a single surviving eligible child is entitled to one-half of the deceased worker's wage at the time of death, and two or more surviving children are eligible for a combined two-thirds of the wage at the time of death.

The survivors of a covered worker killed on the job are entitled under the LHWCA to a cash payment to provide for the burial and funeral of the deceased. The burial and funeral allowance is capped by Section 9(a) of the LHWCA at $3,000, and this cap not adjusted to reflect changes in prices or wages.

If a covered worker who is receiving scheduled PPD benefits dies of a cause unrelated to his or her illness or injury, then the balance of any remaining PPD benefits is paid to his or her survivors. If a covered worker who dies on the job leaves no survivors, his or her employer or the employer's insurance carrier is required to pay $5,000 into the Special Fund.

Although the responsibility for the payment of benefits under the LHWCA rests with the employer or the employer's insurance company, decisions on benefit eligibility and the amount of benefits are made by the DOL. Upon the report of an injury, illness, or death, the LHWCA claims process begins. If the employer or insurance carrier does not controvert the claim, then arrangements are made by the DOL for the claim to be paid.

If, however, the employer controverts any part of the claim, then the DOL sets up an informal conference, either in person or by phone, between the employer or insurance carrier and worker with the goal of resolving any disputes over the claim. If this informal conference fails to resolve all outstanding disputes, then a formal hearing before a DOL administrative law judge (ALJ) is scheduled. If the employer or insurance carrier or the worker is dissatisfied with the decision of the ALJ, then this decision may be appealed to the Benefits Review Board (BRB). The BRB is made up of five members appointed by the Secretary of Labor. Either party dissatisfied with the decision of the BRB may file a petition with the U.S. Court of Appeals for the circuit in which the injury occurred praying that the BRB's decision be set aside or modified.

If an employer or insurance carrier fails to pay compensation in accordance with a final decision on a claim, the covered worker or the DOL may request that the U.S. District Court order that payment be made.

Appendix. Benefits Schedule for LHWCA PPD