[Congressional Record Volume 165, Number 203 (Monday, December 16, 2019)]
[House]
[Pages H10276-H10278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               HAZARD ELIGIBILITY AND LOCAL PROJECTS ACT

  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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Mrs. Fletcher) and the gentleman from North Carolina (Mr. 
Meadows) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Mrs. FLETCHER. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 2548, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Mrs. FLETCHER. Mr. Speaker, I yield myself such time as I may 
consume.
  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

[[Page H10277]]

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.
  Mr. Speaker, I reserve the balance of my time.

                                         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.

  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to be a cosponsor of H.R. 2548, the Hazard 
Eligibility and Local Projects Act.
  Mr. Speaker, I want to thank the gentlewoman from Texas (Mrs. 
Fletcher) for her fine work on this.
  And I would like to give her a compliment. It is always interesting 
to see how we can name these bills in the most creative ways to 
actually let them resonate with the voters back home. So my 
congratulations on calling this the HELP Act, and congratulations to 
Mrs. Fletcher's staff as well, as they always, as you know, Mr. 
Speaker, get very creative on how we can figure out acronyms to make 
these bills have more pizzazz.
  So this bill is a commonsense approach. It is certainly critical to 
communities that have been impacted by disasters, where they can start 
recovery in a much more efficient, smarter, and faster way.
  Buyouts and relocation projects, in particular, are critical tools 
for getting people and property out of harm's way, yet these projects 
take time to plan and carry out.
  This bill would allow communities to be eligible for mitigation 
assistance for those projects commenced prior to their request for 
assistance.
  The bill ensures such projects must comply with all other eligibility 
requirements.
  Mr. Speaker, I would encourage the gentlewoman opposite, perhaps we 
can even look at going a little bit further. She made mention of the 
current NEPA standards and all of those that apply.
  As we know, in the gentlewoman's home State of Texas, in my home 
State of North Carolina, some of those Federal regulations actually are 
part of the impediment of getting some of this disaster relief to the 
people that are most affected.
  I know that we have billions of dollars--that is billions with a B--
waiting to be deployed in my State of North Carolina, as in the 
gentlewoman's State of Texas, so it is critically important that we 
come together in a bipartisan fashion.
  It doesn't help us to appropriate billions of dollars here on this 
floor if it never reaches the ultimate destination, which is our 
constituents who have been tragically, and many times horrifically, put 
out of their homes and their communities.
  This will allow communities to select early on the best mitigation 
approach and begin these projects earlier to ensure a faster recovery.
  Mr. Speaker, I encourage all of my colleagues to support this 
legislation.
  If the gentlewoman is prepared to close without any further speakers, 
I would ask her to just give me a nod one way or another.
  Mr. Speaker, I am going to go ahead and close right here and just 
say, I encourage my colleagues to go ahead and vote for this bill.
  Mr. Speaker, I thank the gentlewoman for her leadership, and I yield 
back the balance of my time.

                              {time}  1545

  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.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Mrs. Fletcher) that the House suspend the rules 
and pass the bill, H.R. 2548, 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.
  Mrs. FLETCHER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

[[Page H10278]]

  

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