Hazard Eligibility and Local Projects Act

Floor Speech

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Mrs. FLETCHER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2548) to modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 2548

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 ``Hazard Eligibility and Local Projects Act''. SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION OR RELOCATION PROJECTS.

(a) Eligibility for Assistance for Initiated Projects.--

(1) In general.--Notwithstanding any other provision of law, an entity seeking assistance under a hazard mitigation assistance program shall be eligible to receive such assistance for a covered project if the entity--

(A) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or relocation projects, including extinguishing all incompatible encumbrances; and

(B) complies with all Federal requirements for the project.

(2) Costs incurred.--An entity seeking assistance under a hazard mitigation assistance program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, assistance.

(b) Definitions.--In this section, the following definitions apply:

(1) Covered project.--The term ``covered project'' means--

(A) an acquisition or relocation project for which an entity began implementation prior to grant award under a hazard mitigation assistance program; and

(B) a project for which an entity initiated planning or construction before or after requesting assistance for the project under a hazard mitigation assistance program qualifying for a categorical exemption under the National Environmental Policy Act.

(2) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means--

(A) the predisaster hazard mitigation grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133);

(B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and

(C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c).

(c) Applicability.--This section shall apply to funds appropriated on or after the date of enactment of this Act.

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Mrs. FLETCHER. 2548, as amended.

Mr. Speaker, I am delighted to bring my bill, H.R. 2548, the Hazard Eligibility and Local Projects, or HELP, Act to the floor today.

I am proud of the HELP Act and all that it represents. It is bipartisan, commonsense, meaningful legislation that was born out of conversations and a partnership with local officials in my home district that will benefit all Americans.

As many in this body will recall, Hurricane Harvey hit my district and the Texas Gulf Coast in August 2017, causing great devastation. It dropped nearly 60 inches of rain, it claimed 68 lives, and it caused an estimated $125 billion in damage. It was the second most expensive hurricane in United States history.

Members of this body responded to Harvey's devastation with the speed and purpose needed for recovery, passing three supplemental appropriations bills, sending billions of dollars in aid to Texas through different programs, but recovery was and is still slow, slower than many expected, and slower than any can afford.

Before I was sworn in this year, I met with our local officials at home to talk about the impediments to recovery: How could we speed up recovery? Where was recovery delayed? What could the Federal Government do?

One impediment that had a significant impact on recovery was the process for the award of mitigation project funding from FEMA.

As my colleagues may know, section 404 of the Stafford Act provides that FEMA may grant up to 75 percent of funds for cost-effective mitigation projects through a Hazard Mitigation Grant Program. Local municipalities, States, and Tribes are responsible for meeting the remaining local match. Their projects must be approved through FEMA.

When States or municipalities apply to the grant program, projects, regardless of size or scope, require a comprehensive review to make sure all requirements of the National Environmental Policy Act, NEPA, and other statutory requirements are met.

Importantly, these Hazard Mitigation Grants do not allow for reimbursement of costs incurred before a grant is approved. As a result, many areas recovering from disaster must wait for the FEMA review to go forward for months or years at a critical time for decisionmaking and recovery.

In the case of natural disasters, local governments need to move quickly on projects like land acquisition, for example, buyouts of homes that have been damaged, and other projects.

The chief recovery officer for the city of Houston has told us that FEMA's pre-award cost policy, that is, not allowing the reimbursement of costs incurred before grant approval, is a limiting factor in recovery, especially in these cases of land acquisition.

Homeowners simply cannot afford to wait months or years for decisions to make their own decisions about whether to repair their homes or whether to take a buyout of the homes, and the result is not only inefficiency, but real hardship.

For example, the Harris County Flood Control District received $25 million from the Hazard Mitigation Grant Program to conduct buyouts to reduce flood damages in areas located deep in the floodplain where structural projects to reduce flooding are not cost effective or beneficial.

But that was nearly a year after Hurricane Harvey that that grant money was awarded. It took a year because of the review period required at FEMA for all applications.

Most homeowners simply do not have the luxury of waiting a year or more to begin repairs or to decide what to do.

Many would be open to a buyout, but funds aren't available, so instead, they take out an SBA loan or other loans to begin repairs. And if you already owe money on loans or repairs to your house, a buyout is no longer an attractive option or even an option at all.

Once a property owner has repaired their property, the less likely a buyout is a viable path forward for that individual and for the community.

It is not just anecdotal evidence. The data shows that, for acquisition buyouts, the quicker you can make an offer to buy out property after a flooding event, the more likely the disaster victim is to accept it and the more it reduces costs overall.

The quicker local governments are able to move, the more people they can help, and the more resources can be leveraged for recovery.

Having a one-size-fits-all approach to reviewing projects through the Hazard Mitigation Grant Program is not efficient or effective. It needlessly delays critical mitigation work.

So that is where the idea for the HELP Act came in.

The HELP Act will allow land acquisition projects and simple construction projects that do not require an Environmental Impact Statement under NEPA to commence immediately without risk of losing potential Federal matching funds.

This will allow State and local governments to respond more quickly to the needs of their community and to plan disaster mitigation more efficiently and effectively.

It is simple, it is straightforward, and it is needed.

At home, I hear a consistent concern that Federal disaster money moves at a glacial pace.

This bill addresses some of that and will be a real improvement for communities across the country.

Mr. Speaker, I thank my colleagues Mr. Meadows, Mr. Olson, and Mr. Butterfield, my original cosponsors who worked with me on this bill. I also want to thank all of the cosponsors of the bill who helped in the effort, in addition to Chairman DeFazio and Chairwoman Titus, whose assistance in bringing this bill to the floor was essential.

Disaster mitigation is not and should never be a partisan issue.

I am glad to see the bipartisan consensus in support of this bill and that we can address these inefficiencies and these real impediments where they exist.

There is still much work to do when it comes to preparing for future storms that we know will come, but I am hopeful that the HELP Act will aid State and local governments when they do.

Mr. Speaker, I urge my colleagues to support this important legislation and help our families, businesses, and communities recover from disaster.

House of Representatives, Committee on Financial Services, Washington, DC, December 11, 2019. Hon. Peter A. Defazio, Chairman, House Committee on Transportation and Infrastructure, Washington, DC.

Dear Mr. Chairman: I am writing concerning H.R. 2548, the Hazard Eligibility and Local Projects Act. In order to permit H.R. 2548 to proceed expeditiously to the House Floor, I agree to forgo formal consideration of the bill.

The Committee on Financial Services takes this action to forego formal consideration of H.R. 2548 with our mutual understanding that, by foregoing formal consideration of H.R. 2548, we do not waive any jurisdiction over the subject matter contained in this or similar legislation, and that our Committee will be appropriately consulted and involved as this or similar legislation moves forward with regard to any matters in the Committee's jurisdiction. I appreciate your commitment to work with the Committee to address any outstanding issues as the bill is considered in the Senate. The Committee also reserves the right to seek appointment of an appropriate number of conferees to any House-Senate conference involving this or similar legislation that involves the Committee's jurisdiction and request your support for any such request.

Finally, I would appreciate your response to this letter confirming this understanding, and I would ask that a copy of our exchange of letters on this matter be included in the Congressional Record during Floor consideration of H.R. 2548. Sincerely, Maxine Waters, Chairwoman. ____ House of Representatives, Committee on Transportation and Infrastructure, Washington, DC, December 11, 2019. Hon. Maxine Waters, Chairwoman, Committee on Financial Services, House of Representatives, Washington, DC.

Dear Chairwoman Waters: Thank you for your letter regarding H.R. 2548, the Hazard Eligibility and Local Projects Act, which was ordered to be reported out of the Committee on Transportation and Infrastructure on June 26, 2019. I appreciate your willingness to work cooperatively on this legislation.

I acknowledge that by foregoing formal consideration on H.R. 2548, the Committee on Financial Services does not waive any future jurisdictional claims to provisions in this or similar legislation, and that your Committee will be consulted and involved on any matters in your Committee's jurisdiction should this legislation move forward. In addition, should a conference on the bill be necessary, I would support your effort to seek appointment of an appropriate number of conferees to any House-Senate conference involving provisions within this legislation on which the Committee on Financial Services has a valid jurisdictional claim.

I appreciate your cooperation regarding this legislation, and I will ensure that our exchange of letters is included in the Congressional Record during floor consideration of H.R. 2548. Sincerely, Peter A. DeFazio, Chair.

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Mrs. FLETCHER. Mr. Speaker, I appreciate Mr. Meadows' partnership on this, and I look forward to working together on many more projects that are of real assistance to the people who we represent.

Mr. Speaker, the HELP Act, as we have discussed, is a commonsense, bipartisan, meaningful piece of legislation. It is exactly what we are sent here to do, and I am pleased to see it on the House floor today. I urge all of my colleagues to vote in support of it, and I yield back the balance of my time.

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Mrs. FLETCHER. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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