[Congressional Record Volume 163, Number 75 (Tuesday, May 2, 2017)]
[House]
[Pages H3019-H3022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  DISASTER DECLARATION IMPROVEMENT ACT

  Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1665) to ensure that the Administrator of the Federal 
Emergency Management Agency considers severe local impact in making a 
recommendation to the President for a major disaster declaration, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1665

       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 ``Disaster Declaration 
     Improvement Act''.

     SEC. 2. LOCAL IMPACT.

       In making recommendations to the President regarding a 
     major disaster declaration, the Administrator of the Federal 
     Emergency Management Agency shall give greater weight and 
     consideration to severe local impact or recent multiple 
     disasters. Further, the Administrator shall make 
     corresponding adjustments to the Agency's policies and 
     regulations regarding such consideration. Not later than 1 
     year after the date of enactment of this section, the 
     Administrator shall report to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate on the changes made to regulations and policies 
     and the number of declarations that have been declared based 
     on the new criteria.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

[[Page H3020]]

Pennsylvania (Mr. Barletta) and the gentleman from Georgia (Mr. 
Johnson) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 1665, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
  The purpose of H.R. 1665 is to ensure that, in making a 
recommendation to the President for a major disaster declaration, the 
Administrator of FEMA looks at the intensity of the impact in a 
localized area as well as the impact on other recent disasters.
  My colleagues from Illinois are to be commended for working so 
persistently on this bipartisan piece of legislation. Their Illinois 
districts have been impacted by several devastating disasters, but each 
time the communities were told that the damage was not severe enough to 
warrant Federal disaster assistance.
  In recent years, there has been more evidence of devastated small and 
rural communities not receiving disaster assistance in a fair manner 
compared to other larger communities and neighboring States. I know all 
too well how devastating this can be for those affected by disaster, as 
I am dealing with a similar issue in northeastern Pennsylvania.
  In March, much of the area I represent was hit with a crippling 
snowstorm that dumped as much as 30 inches of snow or more. 
Municipalities had to exhaust much of their yearly budgets on snow 
removal efforts and emergency services. However, due to the fact that 
the statewide threshold needed for Pennsylvania to request 
reimbursement funding from the Federal Government was not met, local 
municipalities were left with massive holes in their budgets.
  This bill helps ensure the severe, remote, and localized impact 
endured by communities like those in Pennsylvania and Illinois get due 
consideration and they get the help they need when disaster strikes. 
The House adopted similar language last year when it passed the FEMA 
Disaster Assistance Reform Act.
  Again, thank you to the gentleman and gentlewoman from Illinois for 
working with the subcommittee on this legislation to address the 
concerns of their constituents and other communities in this situation. 
I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in support of H.R. 1665, the Disaster Declaration 
Improvement Act, as amended, which will ensure that the severity and 
number of recent disasters are afforded greater weight by FEMA when 
making disaster declaration recommendations to the President.
  This bill addresses an unfair situation where small and rural 
communities located in States with large populations are seemingly 
denied Federal disaster assistance because of the State's large 
population. We have seen instances where a storm inflicts similar 
damage in two communities of similar size located in different States, 
but the State with a lower population receives a disaster declaration 
while the State with a larger population does not receive the disaster 
declaration.
  For example, in 2013, several counties in Illinois were hit by a 
tornado causing 6 deaths, at least 180 injured, and widespread damage. 
The same storm system produced tornadoes and caused damage in the 
smaller neighboring States of Missouri and Kentucky, both of which 
received disaster declarations, while the State of Illinois did not.
  To be clear, the Stafford Act prohibits the denial of disaster 
assistance to a State or local community based on income or population. 
However, given some of the examples, it appears that that is precisely 
what is occurring. It is time for this to stop and to treat all small 
and rural communities fairly.
  Mr. Speaker, I urge my colleagues to support this measure, and I 
reserve the balance of my time.
  Mr. BARLETTA. Mr. Speaker, I yield 4 minutes to the gentleman from 
Illinois (Mr. Rodney Davis).
  Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I thank Chairman Barletta 
and Ranking Member Johnson. I also look over this House floor and thank 
my colleague, Mrs. Bustos, from Illinois, for joining me in this effort 
because, if you travel to my district or Mrs. Bustos' district in 
central and, in my case, southern Illinois and you ask my constituents 
about their opinion of FEMA's disaster declaration process, they are 
going to tell you that it is broken.

                              {time}  1330

  You don't have to look any further than the State of Illinois to see 
how FEMA's public assistance formula is failing hardworking families 
across this country because it simply does not put all communities on a 
level playing field.
  In 2012, tornadoes devastated Harrisburg in southern Illinois, but 
the State was denied public assistance while Missouri and Kentucky 
received aid due to the damage inflicted by the exact same storm. Just 
a few short years ago, the towns of Gifford and Washington in central 
Illinois were denied public assistance as well, despite those 
communities suffering millions in damage. And just last year, Illinois 
was once again denied public assistance following extensive damage done 
in late December 2015 and early January 2016 caused by severe storms 
and flooding in the central and southern parts of our State.
  Under existing regulations, FEMA currently takes into account several 
factors when determining the need for public and individual assistance. 
However, there is currently no standard to determine which factor is 
more important than another during the disaster declaration process. 
This leads to highly subjective and uncertain processes that leave 
States and communities in limbo for weeks as their application is 
considered.
  By working with the Transportation and Infrastructure Committee last 
year during the markup of the FEMA Disaster Assistance Reform Act, we 
were successful in including important language based on legislation I 
introduced that requires the administrator of FEMA, when making 
recommendations to the President regarding a disaster declaration, to 
``give greater weight and consideration to severe local impact.'' This 
bill ultimately passed out of the House under suspension last Congress, 
but, unfortunately, the bill died in the Senate.
  This Congress, I have introduced this language again, along with my 
friend and colleague from Illinois (Mrs. Bustos), as the Disaster 
Declaration Improvement Act.
  Passing this bill will have a real impact on States like Illinois, 
where a large portion of the population is concentrated in a small 
northeastern corner of our State. Because of the population density in 
the northern part of my State, rural parts, where I live and where I 
represent, are having to meet an arbitrarily high standard in order to 
qualify for a disaster declaration. Enacting this language is going to 
help level the playing field and help ensure rural areas are given a 
fair chance when disaster happens and help is needed.
  During our March markup of this bill, we also added important 
language that strengthens the bill by way of an amendment offered by my 
friend, the gentleman from Louisiana (Mr. Graves). This language also 
requires FEMA to place more consideration on recent multiple disasters, 
to take into account the cumulative impact such events can have. So I 
want to thank Chairman Graves for working with my office on including 
this language and for being a cosponsor of my bill.
  I also want to express my personal gratitude to Chairman Shuster and 
Ranking Member DeFazio for working with us during the last Congress and 
this Congress, and for moving this bill so early. Again, I want to 
especially thank Chairman Barletta for being a cosponsor of this bill.
  Mr. Speaker, central and southern Illinois just experienced another 
flooding event this past weekend. And while it is not yet clear what 
the damage is, it is clear that Congress must act to

[[Page H3021]]

ensure that folks get a fair shake if it is determined that Federal 
assistance is needed.
  I urge a ``yes'' vote.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield 3 minutes to the 
gentlewoman from Illinois (Mrs. Bustos).
  Mrs. BUSTOS. Mr. Speaker, I also want to thank my colleague, 
Congressman Rodney Davis, for working with me to advance this long 
overdue legislation, which we call the Disaster Declaration Improvement 
Act.
  This bill seeks to bring fairness to the Federal Emergency Management 
Agency's disaster declaration process.
  Right now, if a tornado, a flood, or any other natural disaster 
strikes a small town, like many of the ones I represent in the State of 
Illinois, FEMA's current per capita formula leaves much of rural 
America behind. That is because FEMA's current disaster assessment 
rules fail to take into account localized impacts on Main Streets and 
agricultural communities throughout our Nation.
  This has left hardworking families in Illinois and rural States 
throughout the United States without access to the Federal relief they 
so badly need under these circumstances.
  For instance, in my district, the city of Pekin was denied FEMA 
disaster recovery funding following a deadly tornado that had winds up 
to 120 miles per hour that ripped through the town in November of 2013.
  Gary and Selena Cleer were in church on that Sunday afternoon when 
this tornado hit. They took shelter along with the rest of the 
congregation in the hallway to protect themselves. Finally, and with 
God's blessing, they were able to drive safely home, and they didn't 
even recognize what was in front of them. Much of their roof was gone, 
their garage had been torn away, and their battered car lay among all 
of the rubble.
  The tornado destroyed about 200 other structures in this town of only 
35,000 people. But this community received no public assistance 
dollars--zero. This was a direct result of FEMA's disaster declaration 
formula, which, again, makes it unnecessarily difficult for Illinois' 
smaller communities to receive the help that they need.
  Mr. Speaker, we are not asking for a handout for rural America. In 
fact, in the Midwest, we are as resilient as they come, but we are 
certainly asking for a fair shake and the opportunity for all of our 
families to get the help that they need in a time of crisis.
  A few million dollars of damage can devastate a smaller town or a 
rural community. That is why FEMA must give greater weight to the local 
impact of a disaster when making these decisions about the need for 
Federal assistance.

  Our bill fixes an unfair formula that hurts too many of our smaller 
towns and villages across Illinois and across America. This bill had 
been included in the FEMA Disaster Assistance Reform Act of 2015, but 
it sat in the Senate without any action. Today we are working together 
to pass it once again because we can't solve this problem by ignoring 
it. I urge our friends in the Senate to take action.
  With new flooding, damaging roads and infrastructure in places like 
Pekin, Peoria, and in southern Illinois where my friend, Mike Bost, 
serves and where Rodney Davis serves, I urge my colleagues to join us 
in supporting this bill so that we can help ensure that hardworking 
families from the heartland have the support they need to get back on 
their feet after a disaster.
  Mr. BARLETTA. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Bost).
  Mr. BOST. Mr. Speaker, I thank my friend for yielding.
  As we speak, communities in southern Illinois are contending with 
rising flood waters.
  While we may not be able to prevent the water rising, there is a lot 
that we can do to help our communities rebuild following a disaster. 
Unfortunately, too many rural areas find that the help that they need 
is not there for them because of arbitrary Federal rules.
  In my district, rural communities suffered significant damage from 
the 2015 holiday floods, but did not qualify for assistance because of 
these rigid rules. This legislation addresses these problems and ends 
the unfair treatment of rural areas.
  It is better to ensure that FEMA gives greater weight to localized 
disasters when determining assistance.
  I support the legislation authorized by my friend and Illinois 
colleague, Rodney Davis, and cosponsored by Cheri Bustos, because the 
victims shouldn't be punished for living in a small town in a rural 
area.
  Mr. JOHNSON of Georgia. Mr. Speaker, I reserve the balance of my 
time.
  Mr. BARLETTA. Mr. Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. LaHood).
  Mr. LaHOOD. Mr. Speaker, I rise today in support of H.R. 1665, the 
Disaster Declaration Improvement Act. I thank my colleagues, Mr. 
Barletta and Mr. Rodney Davis, for their leadership on this important 
issue.
  Rural areas are the heart of not only my district, but of America as 
a whole. They are the source of food and resources, and are home to 
millions of American families. When natural disasters come to these 
communities, we should be doing everything in our power to help them 
get back on their feet. Instead, the regulatory regime forces these 
areas to meet a higher and unfair threshold in order to get the FEMA 
resources that they need.
  My district faced this problem back in 2013, after a tornado swept 
through Washington, Illinois, destroying nearly 1,000 homes. This was a 
massive loss, but FEMA's formula for public assistance kept Washington 
from getting the assistance it needed to repair the public 
infrastructure damaged by the storm. While individuals could get some 
relief for personal property, this damage to infrastructure affects 
every member of the community.
  This is why I am a proud cosponsor and supporter of H.R. 1665, the 
Disaster Declaration Improvement Act. This bill will change and 
modernize FEMA's formula so that it is easier for rural areas and areas 
with lower population density to get the support and assistance they 
need after a disaster.
  I urge my colleagues to vote for its passage today to ensure that all 
Americans, regardless of the town they live in, can know that help will 
be on the way after such tragic events happen.
  Mr. JOHNSON of Georgia. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. BARLETTA. Mr. Speaker, I yield 2 minutes to the gentleman from 
Louisiana (Mr. Graves).
  Mr. GRAVES of Louisiana. Mr. Speaker, I thank the gentleman for 
yielding.
  I want to commend the gentleman from Illinois (Mr. Rodney Davis) and 
the gentlewoman from Illinois (Mrs. Bustos) for coming together to work 
in a bipartisan manner to address a problem that affects not just 
Illinois, but affects, I think, all 50 States. It is an issue where we 
have watched FEMA, in many cases, make decisions that appear to be 
arbitrary in terms of declaring a disaster in some areas, not in 
others.
  What this legislation does, very simply, is it requires that FEMA 
take into consideration the true localized impacts of a disaster. And 
in line with what the gentleman from Illinois (Mr. Rodney Davis) noted 
earlier, we did an amendment in the committee that also looked at, or 
required, FEMA to consider multiple impacts in an area.
  I am from south Louisiana. In the last several months, we have had 
police shootings, we have had one of the most costly floods in U.S. 
history, we have had tornadoes, and we have had another flood in north 
Louisiana. In fact, there were two floods, as I recall. One of them was 
a 500-year flood, and the second was a 1,000-year flood. It makes me 
question how old I am sometimes.
  But what this does is it requires that FEMA look at localized 
impacts, and that they take into consideration the cumulative impacts 
of various disasters and incidents in an area. FEMA is not there and 
the Federal Government is not there to take care of every problem and 
every disaster that States and municipalities have.
  But in many cases that we have seen historically, they have missed 
opportunities. I think we have seen incredible burdens borne by local 
governments, and they have had disasters that far exceeded their 
capabilities.
  I want to, again, commend the gentleman and gentlewoman from Illinois 
for offering this commonsense legislation, and I urge all Members to 
support the bill.

[[Page H3022]]

  

  Mr. JOHNSON of Georgia. Mr. Speaker, I yield back the balance of my 
time.
  Mr. BARLETTA. Mr. Speaker, I urge my colleagues to vote ``yes'' on 
H.R. 1665, as amended, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the 
rules and pass the bill, H.R. 1665, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BARLETTA. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________