[House Report 117-360]
[From the U.S. Government Publishing Office]


117th Congress   }                                     {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {    117-360

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



 
                    SMALL STATE AND RURAL RESCUE ACT

                                _______
                                

 June 13, 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. 7211]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 7211) to amend the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, review a 
final rule of the Federal Emergency Management Agency, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

Purpose of Legislation...........................................     1
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.................................     3
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...................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                         Purpose of Legislation

    The purpose of H.R. 7211 is to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act and review a final 
rule of the Federal Emergency Management Agency (FEMA).

                  Background and Need for Legislation

    The Rural Disaster Assistance Fairness Act of 2005 (42 
U.S.C. 5165d) created the Small State and Rural Advocate 
position to work on behalf of states with small populations. 
H.R. 7211 amends the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Stafford Act, P.L. 93-288, as 
amended) to expand and codify the responsibilities of FEMA's 
Small State and Rural Advocate (SSRA) when helping state and 
local officials demonstrate localized impact and apply for 
federal disaster aid. The new responsibilities direct the SSRA 
to assist states with the collection and presentation of 
material in their disaster or emergency declaration requests. 
The bill also directs the Government Accountability Office 
(GAO) to conduct a review of the factors FEMA considers when 
evaluating a governor's request for individual assistance in 
the aftermath of a disaster.

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearings were used to develop or 
consider H.R. 7211:
    On February 16, 2022, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing titled ``FEMA Priorities for 2022: Stakeholder 
Perspectives.'' The Subcommittee received testimony from Mr. 
Chris Currie, Director, Homeland Security and Justice, U.S. 
Government Accountability Office; Ms. Erica Bornemann, 
Director, Vermont Emergency Management, on behalf of the 
National Emergency Management Association; and Ms. Carolyn 
Harshman, President, International Association of Emergency 
Managers. This hearing allowed Members to receive testimony 
from witnesses who are emergency management experts and 
represent key external Federal Emergency Management Agency 
(FEMA) stakeholders to gauge their perspective regarding what 
efforts the agency should prioritize in this year.
    On October 26, 2021, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing titled ``Are FEMA's Assistance Programs Adequately 
Designed to Assist Communities Before, During, and After 
Wildfire?'' The Subcommittee received testimony from Mr. Andrew 
Phelps, Director, Office of Emergency Management, State of 
Oregon, on behalf of the National Emergency Management 
Association; Mr. Rich Elliott, Deputy Chief, Kittitas Valley 
Fire and Rescue, State of Washington, on behalf of the 
International Association of Fire Chiefs; Ms. Kacey KC, State 
Forester and Firewarden, Division of Forestry, State of Nevada; 
and Mr. Casey Hatcher, Deputy Chief Administrative Officer, 
Butte County, California. Members heard from witnesses with 
expertise and experience in emergency management, wildfire 
suppression, and federal disaster response and recovery 
programs.

                 Legislative History and Consideration

    H.R. 7211, the ``Small State and Rural Rescue Act'' was 
introduced in the House on March 24, 2022, by Mr. Katko, Ms. 
Titus, Mr. Pappas, Mr. Delgado, Mr. Gimenez, and Mr. Guest, and 
referred to the Committee on Transportation and Infrastructure. 
Within the Committee on Transportation and Infrastructure, H.R. 
7211 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. 7211 on April 28, 2022.
    The Committee considered H.R. 7211 on April 28, 2022 and 
ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.

                            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 recorded votes were requested during consideration of 
H.R. 7211.

                      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 the 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 amend 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act and review a final rule of the Federal Emergency Management 
Agency.

                    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. 7211 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. 7211 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 bill may be cited as the 
``Small State and Rural Rescue Act''.

Sec. 2. Designation of Small State and Rural Advocate

    This section amends Section 326(c) of the Stafford Act to 
broaden the responsibilities of the Small State and Rural 
Advocate. The new responsibilities expand the assistance the 
Small State and Rural Advocate can provide when helping small 
states demonstrate localized impact in requests for federal 
disaster assistance.

Sec. 3. GAO review of a final rule

    This section directs the Government Accountability Office 
(GAO) to conduct a review of the factors FEMA considers when 
evaluating a governor's request for individual assistance in 
the aftermath of a disaster.

         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 III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

           *       *       *       *       *       *       *


SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

  (a) In General.--The President shall designate in the Federal 
Emergency Management Agency a Small State and Rural Advocate.
  (b) Responsibilities.--The Small State and Rural Advocate 
shall be an advocate for the fair treatment of small States and 
rural communities in the provision of assistance under this 
Act.
  (c) Duties.--The Small State and Rural Advocate shall--
          (1) participate in the disaster declaration process 
        under section 401 and the emergency declaration process 
        under section 501, to ensure that the needs of rural 
        communities are being addressed;
          (2) assist small population States in the preparation 
        of requests for major disaster or emergency 
        declarations; [and]
          (3) assist States in the collection and presentation 
        of material in the disaster or emergency declaration 
        request relevant to demonstrate severe localized 
        impacts within the State for a specific incident, 
        including--
                  (A) the per capita personal income by local 
                area, as calculated by the Bureau of Economic 
                Analysis;
                  (B) the disaster impacted population profile, 
                as reported by the Bureau of the Census, 
                including--
                          (i) the percentage of the population 
                        for whom poverty status is determined;
                          (ii) the percentage of the population 
                        already receiving Government assistance 
                        such as Supplemental Security Income 
                        and Supplemental Nutrition Assistance 
                        Program benefits;
                          (iii) the pre-disaster unemployment 
                        rate;
                          (iv) the percentage of the population 
                        that is 65 years old and older;
                          (v) the percentage of the population 
                        18 years old and younger;
                          (vi) the percentage of the population 
                        with a disability;
                          (vii) the percentage of the 
                        population who speak a language other 
                        than English and speak English less 
                        than ``very well''; and
                          (viii) any unique considerations 
                        regarding American Indian and Alaskan 
                        Native Tribal populations raised in the 
                        State's request for a major disaster 
                        declaration that may not be reflected 
                        in the data points referenced in this 
                        subparagraph;
                  (C) the impact to community infrastructure, 
                including--
                          (i) disruptions to community life-
                        saving and life-sustaining services;
                          (ii) disruptions or increased demand 
                        for essential community services; and
                          (iii) disruptions to transportation, 
                        infrastructure, and utilities; and
                  (D) any other information relevant to 
                demonstrate severe local impacts.
          [(3)] (4) conduct such other activities as the 
        Administrator of the Federal Emergency Management 
        Agency considers appropriate.

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