To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to designate a Small State Advocate in the Federal Emergency Management Agency.

May 12, 2005

Mrs. CUBIN introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to designate a Small State Advocate in the Federal Emergency Management Agency.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Rural Disaster Assistance Fairness Act of 2005'.

SEC. 2. DESIGNATION OF SMALL STATE ADVOCATE.

Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (15 U.S.C. 5141 et seq.) is amended by adding at the end the following:

`SEC. 326. DESIGNATION OF SMALL STATE ADVOCATE.

`(a) In General- The President shall designate in the Federal Emergency Management Agency a Small State Advocate.

`(b) Responsibilities- The Small State Advocate shall be an advocate for the fair treatment of rural communities in the provision of assistance under this Act.

`(c) Duties- The Small State 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) conduct such other activities as the Under Secretary for Emergency Preparedness and Response of the Department of Homeland Security considers appropriate.'.

SEC. 3. REPORT TO CONGRESS.

(a) In General- Not later than 180 days after the date of enactment of this Act, the Under Secretary for Emergency Preparedness and Response of the Department of Homeland Security shall 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 detailing the extent to which existing disaster declaration regulations--

(1) meet the particular needs of States with populations of less than 1,000,000 individuals; and

(2) comply with existing statutory restrictions on the use of arithmetic formulas and sliding scales based on income or population.

(b) Statutory Construction- Nothing in this section may be construed to authorize major disaster or emergency assistance that is not authorized as of the date of enactment of this Act.

END