[House Report 117-274]
[From the U.S. Government Publishing Office]


117th Congress    }                                    {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {     117-274

======================================================================



 
      SMALL PROJECT EFFICIENT AND EFFECTIVE DISASTER RECOVERY ACT

                                _______
                                

 March 24, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5641]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5641) to amend the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act to 
increase the threshold for eligibility for assistance under 
sections 403, 406, 407, and 502 of such Act, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Duplication of Federal Programs..................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                         Purpose of Legislation

    The purpose of H.R. 5641 is to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act to increase the 
threshold for eligibility for assistance under sections 403, 
406, 407, and 502.

                  Background and Need for Legislation

    H.R. 5641 updates the threshold for what qualifies as a 
``small project'' under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (Stafford Act, P.L. 93-288, as 
amended). Small projects are eligible for an ``simplified 
procedure'' under authority provided to the Federal Emergency 
Management Agency (FEMA) in Stafford Sec. 422, enacted in 1988 
as part of P.L. 100-707. In 1988, the statutorily-established 
threshold to qualify for the simplified procedure was $35,000, 
capturing roughly 95 percent of the project worksheets (PWs) 
that state, territorial, and local governments submitted to 
FEMA for reimbursement of eligible response and recovery 
activities and representing 32 percent of overall disaster 
funding.\1\
---------------------------------------------------------------------------
    \1\Simplified Procedures (Section 422): 2020 Review of the Large 
Project Threshold for Simplified Procedures, Federal Emergency 
Management Agency (FEMA), Congressional Staff Briefing, May 2021.
---------------------------------------------------------------------------
    For fiscal year (FY) 2022, the small project threshold, 
updated to account for the Consumer Price Index (CPI), is 
$139,800 dollars.\2\ This threshold now only captures 75 
percent of PWs, burdening communities with additional paperwork 
and delays in getting reimbursed.\3\ Compounding challenges to 
these disaster-impacted communities is a record backlog of more 
than 30,000 PWs in FEMA's Public Assistance queue due to the 
surge of COVID-19-related PWs.\4\ Adjusting the threshold to 
$1,000,000 will return the threshold amount to 95 percent of 
PWs being eligible for simplified procedures, while still only 
representing only 10 percent of overall disaster funding.\5\
---------------------------------------------------------------------------
    \2\Id.
    \3\Id.
    \4\Id.
    \5\Id.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearing was used to develop or 
consider H.R. 5641:
    On June 23, 2021, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management held a hearing 
titled ``FEMA's Priorities for FY22 and Beyond: Coordinating 
Mission, Vision, and Budget.'' The Subcommittee received 
testimony from the Hon. Deanne Criswell, Administrator, FEMA. 
This hearing provided Members an opportunity to examine the 
President's FY 2022 budget requests for programs within FEMA.

                 Legislative History and Consideration

    H.R. 5641 was introduced in the House on October 20, 2021, 
by Mr. Graves of Missouri, Mr. DeFazio of Oregon, Mr. Webster 
of Florida, and Ms. Titus of Nevada and referred to the 
Committee on Transportation and Infrastructure. Within the 
Committee, H.R. 5641 was referred to the Subcommittee on 
Economic Development, Public Buildings, and Emergency 
Management.
    The Subcommittee on Economic Development, Public Buildings, 
and Emergency Management was discharged from further 
consideration of H.R. 5641 on October 27, 2021.
    The Committee considered H.R. 5641 on October 27, 2021, and 
ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.
    The following amendment was offered:
    An amendment offered by Mr. Perry (#1); was NOT AGREED TO 
by voice vote.
    Page 2, line 7, strike ``and''.
    Page 2, line 18, strike the period and insert ``; and''.
    Page 2, after line 18, add the following: (3) by adding at 
the end the following: ``(c) Application of Law.--Sections 
3141--3144, 3146, and 3147 of title 40, United States Code, 
(commonly known as the Davis-Bacon Act) shall not apply to any 
activities covered by the procedures under this section.''.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No record votes were requested during consideration of H.R. 
5641.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
expedite the approval process for FEMA's small projects within 
the Public Assistance program.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 5641 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 5641 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this measure may be cited as the 
``Small Project Efficient and Effective Disaster Recovery Act'' 
or the ``SPEED Recovery Act''.

Sec. 2. Simplified procedure

    This section updates the threshold to qualify as a ``small 
project'' under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Stafford Act, P.L. 93-288, as 
amended) to $1,000,000.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT




           *       *       *       *       *       *       *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *


SEC. 422. SIMPLIFIED PROCEDURE.

  (a) In General.--If the Federal estimate of the cost of--
          (1) repairing, restoring, reconstructing, or 
        replacing under section 406 any damaged or destroyed 
        public facility or private nonprofit facility,
          (2) emergency assistance under section 403 or 502, or
          (3) debris removed under section 407,
is less than [$35,000] $1,000,000 (or, if the Administrator has 
established a threshold under subsection (b), the amount 
established under subsection (b)), the President (on 
application of the State or local government or the owner or 
operator of the private nonprofit facility) may make the 
contribution to such State or local government or owner or 
operator under section 403, 406, 407, or 502, as the case may 
be, on the basis of such Federal estimate. Such [$35,000] 
$1,000,000 amount or, if applicable, the amount established 
under subsection (b), shall be adjusted annually to reflect 
changes in the Consumer Price Index for All Urban Consumers 
published by the Department of Labor.
  (b) Threshold.--
          (1) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the President, acting 
        through the Administrator of the Federal Emergency 
        Management Agency (in this section referred to as the 
        ``Administrator''), shall--
                  (A) complete an analysis to determine whether 
                an increase in the threshold for eligibility 
                under subsection (a) is appropriate, which 
                shall include consideration of cost-
                effectiveness, speed of recovery, capacity of 
                grantees, past performance, and accountability 
                measures; and
                  (B) submit to the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate 
                a report regarding the analysis conducted under 
                subparagraph (A).
          (2) Amount.--After the Administrator submits the 
        report required under paragraph (1), the President 
        shall direct the Administrator to--
                  (A) immediately establish a threshold for 
                eligibility under this section in an 
                appropriate amount, without regard to chapter 5 
                of title 5, United States Code; and
                  (B) adjust the threshold annually to reflect 
                changes in the Consumer Price Index for all 
                Urban Consumers published by the Department of 
                Labor.
          (3) Review and report.--Not later than 3 years after 
        the date on which the Administrator establishes a 
        threshold under paragraph (2), and every 3 years 
        thereafter, the President, acting through the 
        Administrator, shall review the threshold for 
        eligibility under this section and submit to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a 
        report regarding such review, including any 
        recommendations developed pursuant to such review.

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