Letter to Rodney Frelinghuysen, Chairman of the House Appropriations Committee, and Nita Lowey, Ranking Member - Serrano Leads Bipartisan Letter To Extend FEMA Cost Share Waivers in Puerto Rico post Hurricane Maria

Letter

Dear Chairman Frelinghuysen and Ranking Member Lowey,

We write to request the inclusion of language in any upcoming continuing resolution (CR) to prevent the cessation of local cost share waivers for Federal Emergency Management Administration (FEMA) Categories A and B for Puerto Rico. While FEMA has announced its intention to let these waivers expire,[1] significant work remains undone, Puerto Rico's fiscal situation is precarious, and federal assistance is still vitally needed. In 2007, well after Hurricane Katrina, Congress used the appropriations process to extend cost share waivers for the Gulf Coast states, and we believe that the Congress should do the same in the aftermath of this tragedy.

As you may know, on August 15, 2018, FEMA announced that it would not extend 100 percent federal cost share for Puerto Rico for FEMA Categories A and B. The decision was effective on that day for Category A, and will go into effect on September 15, 2018 for Category B. The Governor of Puerto Rico, in line with administrative requirements, has appealed that determination, but it is not apparent that FEMA intends to reverse their decision.

Significant work remains on the island of Puerto Rico. According to the government on the island, more than 4 million cubic yards of debris must still be cleaned up.[2] The Sheltering and Temporary Essential Power (STEP) program still has more than 60,000 work orders to complete, which is more than 50 percent of the total number of work orders.[3] Numerous critical health and safety facilities on the island still rely on generator power to ensure safety and continuity.[4] The current fiscal situation in Puerto Rico, together with these ongoing issues, means that the withdrawal of full federal support for recovery efforts will significantly hinder the ability of Puerto Ricans to rebuild their homes, businesses, and infrastructure.

To ensure that recovery efforts continue, we believe that any CR should include the following language to ensure that the cost-share waivers remain in place:

"Section xxxx

"(a) Notwithstanding any other provision of law, including any agreement, the Federal share of assistance, including direct Federal assistance, provided to Puerto Rico in connection with Hurricanes Irma and Maria under sections 403, 406, 407, 408 and 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC 5170b, 5172, 5173, 5174, 5189f) shall be 100 percent of the eligible costs under such sections.

"(b) APPLICABILITY

"(1) IN GENERAL--The federal share provided by subsection (a) shall apply to disaster assistance applied for before the date of enactment of this Act.

"(2) LIMITATION--In the case of disaster assistance provided under Section 403, 406 and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Federal share provided by subsection (a) shall be limited to assistance provided for projects for which a "request for public assistance form" has been submitted."

This language will help ensure that the federal government maintains its full responsibility for relief and recovery work on the island of Puerto Rico. The American citizens who are still suffering deserve no less.

Sincerely,