[House Report 117-504]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-504

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



 
                POST-DISASTER MENTAL HEALTH RESPONSE ACT

                                _______
                                

 September 28, 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. 5703]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5703) to amend the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act to 
authorize the President to provide professional counseling 
services to victims of emergencies declared under 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...........................................     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. 5703 is to authorize the President to 
provide professional counseling services to victims of declared 
emergencies.

                  Background and Need for Legislation

    The Disaster Relief Act Amendments of 1974 (P.L. 93-288) 
authorized Crisis Counseling Assistance and Training under 
Section 413. Later, the Disaster Relief and Emergency 
Assistance Amendments of 1988 (P.L. 100-707) renamed the 
Disaster Relief Act of 1974 the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act and redesignated Crisis 
Counseling as Section 416. H.R. 5703 amends the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (Stafford 
Act, P.L. 93-288, as amended) to provide the President 
authorization to grant the Federal Emergency Management 
Agency's (FEMA) Crisis Counseling Assistance and Training 
Program (CCP) assistance to the victims of Emergency 
Declarations (ED).
    Currently, the Stafford Act only authorizes the President 
to provide CCP assistance following a Major Disaster 
Declaration.\1\ However, there have been ED events where crisis 
counseling may have been helpful. For example, survivors of the 
Boston Marathon bombing, which received an ED in 2013, and 
survivors of the Surfside building collapse, which received an 
ED in 2021, were ineligible for CCP assistance.
---------------------------------------------------------------------------
    \1\(42 U.S.C. 5192).
---------------------------------------------------------------------------
    Given this, H.R. 5703 authorizes the President, where 
appropriate, to provide such assistance for events that receive 
an ED.

                                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. 5703:
    On February 16, 2022, the Subcommittee 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 FEMA 
stakeholders to gauge their perspective regarding what efforts 
the agency should prioritize in this year.
    On April 5, 2022, the Subcommittee held a hearing titled 
``FEMA Priorities for 2022 and the 2022-2026 Strategic Plan.'' 
The Subcommittee received testimony from Hon. Deanne Criswell, 
Administrator, Federal Emergency Management Agency (FEMA) U.S. 
Department of Homeland Security. This hearing allowed Members 
to receive testimony regarding ``FEMA Priorities for 2022 and 
the 2022-2026 Strategic Plan.''

                 Legislative History and Consideration

    H.R. 5703, the ``Post-Disaster Mental Health Response 
Act,'' was introduced in the House on October 22, 2021, by Ms. 
Pressley, Ms. Titus, Mr. McKinley, and Mr. Meijer, and referred 
to the Committee on Transportation and Infrastructure. Within 
the Committee on Transportation and Infrastructure, H.R. 5703 
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. 5703 on April 28, 2022.
    The Committee considered H.R. 5703 on April 28, 2022, and 
ordered the measure to be favorably reported to the House 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. 5703.

                      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 
authorize the provision of professional counseling services to 
victims of declared emergencies.

                    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. 5703 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. 5703 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 
``Post-Disaster Mental Health Response Act''.

Sec. 2. Crisis counseling assistance and training

    This section makes crisis counseling benefits authorized by 
Section 502 of the Stafford Act an eligible form of assistance 
for emergencies declared through authorities in Section 416 of 
the Stafford Act.

         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 (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




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TITLE V--EMERGENCY ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *


SEC. 502. FEDERAL EMERGENCY ASSISTANCE.

  (a) Specified.--In any emergency, the President may--
          (1) direct any Federal agency, with or without 
        reimbursement, to utilize its authorities and the 
        resources granted to it under Federal law (including 
        personnel, equipment, supplies, facilities, and 
        managerial, technical and advisory services) in support 
        of State and local emergency assistance efforts to save 
        lives, protect property and public health and safety, 
        and lessen or avert the threat of a catastrophe, 
        including precautionary evacuations;
          (2) coordinate all disaster relief assistance 
        (including voluntary assistance) provided by Federal 
        agencies, private organizations, and State and local 
        governments;
          (3) provide technical and advisory assistance to 
        affected State and local governments for--
                  (A) the performance of essential community 
                services;
                  (B) issuance of warnings of risks or hazards;
                  (C) public health and safety information, 
                including dissemination of such information;
                  (D) provision of health and safety measures; 
                and
                  (E) management, control, and reduction of 
                immediate threats to public health and safety;
          (4) provide emergency assistance through Federal 
        agencies;
          (5) remove debris in accordance with the terms and 
        conditions of section 407;
          (6) provide assistance in accordance with section 408 
        and section 416;
          (7) assist State and local governments in the 
        distribution of medicine, food, and other consumable 
        supplies, and emergency assistance; and
          (8) provide accelerated Federal assistance and 
        Federal support where necessary to save lives, prevent 
        human suffering, or mitigate severe damage, which may 
        be provided in the absence of a specific request and in 
        which case the President--
                  (A) shall, to the fullest extent practicable, 
                promptly notify and coordinate with a State in 
                which such assistance or support is provided; 
                and
                  (B) shall not, in notifying and coordinating 
                with a State under subparagraph (A), delay or 
                impede the rapid deployment, use, and 
                distribution of critical resources to victims 
                of an emergency.
  (b) General.--Whenever the Federal assistance provided under 
subsection (a) with respect to an emergency is inadequate, the 
President may also provide assistance with respect to efforts 
to save lives, protect property and public health and safety, 
and lessen or avert the threat of a catastrophe, including 
precautionary evacuations.
  (c) Guidelines.--The President shall promulgate and maintain 
guidelines to assist Governors in requesting the declaration of 
an emergency in advance of a natural or man-made disaster 
(including for the purpose of seeking assistance with special 
needs and other evacuation efforts) under this section by 
defining the types of assistance available to affected States 
and the circumstances under which such requests are likely to 
be approved.

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