[Congressional Record Volume 166, Number 195 (Tuesday, November 17, 2020)]
[House]
[Pages H5847-H5849]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEMA ASSISTANCE RELIEF ACT OF 2020
Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 8266) to modify the Federal cost share of certain emergency
assistance provided under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, to modify the activities eligible for
assistance under the emergency declaration issued by the President on
March 13, 2020, relating to COVID-19, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8266
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 ``FEMA Assistance Relief Act
of 2020''.
SEC. 2. COST SHARE.
(a) Temporary Federal Share.--Notwithstanding sections
403(b), 403(c)(4), 404(a), 406(b), 408(d), 408(g)(2),
428(e)(2)(B), and 503(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
for any emergency or major disaster declared by the President
under such Act during the period beginning on January 1, 2020
and ending on December 31, 2020, the Federal share of
assistance provided under such sections shall be not less
than 90 percent of the eligible cost of such assistance.
(b) Cost Share Under COVID Emergency Declaration.--
Notwithstanding subsection (a), assistance provided under the
emergency declaration issued by the President on March 13,
2020, pursuant to section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5191(b)), and under any subsequent major disaster declaration
under section 401 of such Act (42 U.S.C. 5170) that
supersedes such emergency declaration, shall be at a 100
percent Federal cost share.
(c) Applicability.--This section shall apply to funds
appropriated on or after the date of enactment of this Act.
SEC. 3. CLARIFICATION OF ASSISTANCE.
(a) In General.--For the emergency declared on March 13,
2020 by the President under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191), the President may provide assistance for
activities, costs, and purchases of States, Indian tribal
governments, or local governments, including--
(1) activities eligible for assistance under sections 301,
415, 416, and 426 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5141, 5182, 5183,
5189d);
(2) backfill costs for first responders and other essential
employees who are ill or quarantined;
(3) increased operating costs for essential government
services due to such emergency, including costs for
implementing continuity plans, and sheltering or housing for
first responders, emergency managers, health providers and
other essential employees;
(4) costs of providing guidance and information to the
public and for call centers to disseminate such guidance and
information, including private nonprofit organizations;
(5) costs associated with establishing and operating
virtual services;
(6) costs for establishing and operating remote test sites,
including comprehensive community based testing;
(7) training provided specifically in anticipation of or in
response to the event on which such emergency declaration is
predicated;
(8) personal protective equipment and other critical
supplies and services for first responders and other
essential employees, including individuals working in public
schools, courthouses, law enforcement, and public transit
systems;
(9) medical equipment, regardless of whether such equipment
is used for emergency or inpatient care;
(10) public health costs, including provision and
distribution of medicine and medical supplies;
(11) costs associated with maintaining alternate care
facilities or related facilities currently inactive but
related to future needs tied to the ongoing pandemic event;
(12) costs of establishing and operating shelters and
providing services, including transportation, that help
alleviate the need of individuals for shelter; and
(13) costs, including costs incurred by private nonprofit
organizations, of procuring and distributing food to
individuals affected by the pandemic through networks
established by State, local, or Tribal governments, or other
organizations, including restaurants and farms, and for the
purchase of food directly from food producers and farmers.
(b) Application to Subsequent Major Disaster.--The
activities described in subsection (a) may also be eligible
for assistance under any major disaster declared by the
President under section 401 of such Act (42 U.S.C. 5170) that
supersedes the emergency declaration described in such
subsection.
(c) Financial Assistance for Funeral Expenses.--For any
emergency or major disaster described in subsection (a) or
(b) and subject to the availability of appropriations, the
President shall provide financial assistance to an individual
or household to meet disaster-related funeral expenses under
section 408(e)(1) of such Act (42 U.S.C. 5174(e)).
(d) Advanced Assistance.--
(1) In General.--In order to facilitate activities under
this section, the President, acting through the Administrator
of the Federal Emergency Management Agency, may provide
assistance in advance to an eligible applicant if a failure
to do so would prevent the applicant from carrying out such
activities.
(2) Annual Report.--The Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs a report on assistance provided in
advance pursuant to paragraph (1).
(3) Audit by Department of Homeland Security Inspector
General.--Not later than 1 year after the date of enactment
of this Act, the Inspector General of the Department of
Homeland Security shall conduct a follow-up review of
assistance provided in advance pursuant to paragraph (1).
(4) Review.--The audit under paragraph (2) shall include,
at a minimum--
(A) a review of the assumptions and methodologies used to
determine eligibility for advanced assistance; and
(B) a determination of whether the advanced assistance was
used appropriately.
(5) Report to Congress.--The Inspector General 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 on
the results of the review carried out under this subsection.
(e) Rule of Construction.--Nothing in this section shall be
construed to make ineligible any assistance that would
otherwise be eligible under section 403, 408, or 502 of such
Act (42 U.S.C. 5170b, 5192).
(f) State; Indian Tribal Government; Local Government
Defined.--In this section, the terms ``State'', ``Indian
tribal government'', and ``local government'' have the
meanings given such terms in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(g) Applicability.--This section shall apply to funds
appropriated on or after the date of enactment of this Act.
SEC. 4. REPORT ON STAFFORD ACT RESPONSE CAPABILITIES.
Not later than 60 days after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall seek to enter into an agreement with the
National Academy of Sciences to convene a committee of
experts to conduct a comprehensive study on the use of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) to respond to an emergency which
does not cause physical damages, such as the emergency
declaration issued by the President on March 13, 2020,
including--
(1) how non-physical damages can be quantified;
(2) consideration of any factors that allow for an
adjustment of cost shares;
(3) recommendations to Congress on thresholds or criteria
to be met to trigger a future declaration; and
(4) other items that the Administrator determines necessary
to increase future preparedness to such events.
[[Page H5848]]
SEC. 5. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(f)(3)(J)(iii) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(f)(3)(J)(iii)) is amended by striking ``2 years'' and
inserting ``3 years''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. DeFazio) and the gentleman from North Carolina (Mr. Rouzer)
each will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 8266, the FEMA Assistance
Relief Act, as amended.
H.R. 8266 is a bipartisan bill I introduced with Subcommittee Chair
Titus, Representatives Thompson, Lowey, Roybal-Allard, Walden, and
several other Members representing districts ravaged by natural
disasters this year.
Simply put, this legislation would increase the Federal cost share of
certain assistance provided by the Federal Emergency Management Agency,
FEMA, under the Stafford Act.
Specifically, the bill would address the Federal cost share for all
declared disasters in the year 2020, the year of the pandemic, the year
of record wildfires, the year of record floods, the year of more
hurricanes than any other time in history, from 75 percent to not less
than 90 percent and further adjust the Federal cost share for COVID-
related declarations to 100 percent.
Communities across this country, including my district in Oregon,
continue to struggle to recover from the twin crises: Combating the
COVID-19 pandemic while also facing extreme weather events, fires, and
other issues that science has linked to climate change.
State, local, Tribal, and territorial governments are seeing their
public health emergency management resources stretched thin or outright
depleted and overdrawn. It is Congress' responsibility to ensure they
have the financial support necessary to address these crises.
I first implored President Trump to direct FEMA to authorize a
Federal cost share adjustment back in March when he invoked a rarely
used clause in the Stafford Act to declare the pandemic a national
emergency and issue a Presidential emergency declaration for each State
and many protectorates and Federally recognized Tribes.
Thus far, both the President and the agency have not taken action to
shift the cost share more equitably on to the shoulders of the Federal
Government, who invoked this clause in an unprecedented way.
While Federal regulations allow for Presidential or administrative
cost share adjustment, the requests from the National Governors
Association, National Conference of State Legislatures, the National
Association of Counties, National Emergency Management Association,
International Association of Emergency Managers, and others for this
much-needed assistance have gone unanswered in a time when States and
locals have seen their revenues all but disappear due to the impact of
public health measures taken to combat the pandemic.
{time} 1530
On several occasions during the last 15 years, Congress has seen fit
to statutorily increase the Federal cost share of FEMA assistance,
notably after a couple of hurricanes.
This year has already seen the busiest tornado, hurricane, and
wildfire seasons on record. The burdens of response and recovery to an
unprecedented number of natural disasters are compounding atop a global
pandemic.
If ever there was a moment for another statutory adjustment, 2020 is
the year in which that should happen.
Further, by establishing a national emergency and pulling FEMA into
the response in mid-March, the President invoked section 501(b) of the
Stafford Act, which declares the ``United States exercises exclusive or
preeminent responsibility and authority.'' One would think that
exclusive and/or preeminent responsibility and authority would justify
the 100-percent cost share for COVID-related expenses.
H.R. 8266 would provide much-needed assistance to ease the financial
burden on State, local, Tribal, and territorial communities that have
been granted Stafford declarations this year.
Additionally, this bill clarifies and encourages FEMA to reimburse
for personal protective equipment and disinfection costs for public
schools, public transit, courthouses, and other traditionally eligible
nonmedical entities, which were excluded from eligibility in FEMA's
September 1 interim policy--for some unknown reason--on eligible public
assistance expenses tied to fighting the spread of the global pandemic.
Mr. Speaker, I thank, in particular, Congressmen Payne and
Malinowski, members of the committee, for their efforts to address this
with a stand-alone bill. I am glad we are able to address the matter
here.
Just to reflect for a moment on the wildfires in the West, these were
wildfires of a magnitude and intensity never seen in recorded history
and, according to some scientists who have been studying our forests
through history, prehistory.
In my district, we had three major conflagrations, one just upriver
from my house, which took out the entire town of Blue River, and toward
the McKenzie River Corridor. The winds were gusting to hurricane force.
Humidity dropped to 6 percent. That is the Sahara Desert; that is not
Oregon. They blew down the McKenzie River Corridor. Forest scientists
say there has never been what is called a stand-replacement fire event
in that corridor in history or prehistory. It is wet, it is damp, but
not this year. These conditions were unbelievable.
In the north part of my district and in Kurt Schrader's district, we
lost three towns and had massive damage.
Then down in southern Oregon, not in a forested area, in
Representative Walden's district, the towns of Phoenix and Talent were
dramatically impacted. Many, many residences and businesses were lost.
One of the fires was set by a transient in a field, but again, the
winds were blowing at a level never, ever seen before out of the
northeast.
The city manager of Talent said to me: You know, I grew up in
southern California. This looks to me like the worst that southern
California ever had in the past. This doesn't look like Oregon.
These things are due to the changing climate. There are going to be
more of them, and we have to be ready. This bill at least will help
with this year's response.
Mr. Speaker, I reserve the balance of my time.
Mr. ROUZER. Mr. Speaker, I yield myself such time as I may consume.
This bill recognizes that 2020 has been an unusual year with multiple
and layered disaster declarations, and it would adjust the Federal cost
share for disasters declared this year, including for COVID.
H.R. 8266 would also clarify the types of FEMA assistance available
for the COVID response, including testing, food distribution, and
personal protective equipment, and it would strengthen oversight of
these funds.
Mr. Speaker, I commend Chairman DeFazio for his work on this bill, as
well as his staff, and many other Members who have contributed. I urge
support of this legislation.
Mr. Speaker, I reserve the balance of my time.
General Leave
Mr. DeFAZIO. 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. 8266, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. DeFAZIO. Mr. Speaker, I have no additional requests for time, and
I yield back the balance of my time.
Mr. ROUZER. Mr. Speaker, I yield 2 minutes to the gentleman from
Alabama (Mr. Byrne).
Mr. BYRNE. Mr. Speaker, I rise today in support of H.R. 8266, the
FEMA Assistance Relief Act of 2020.
This year has been difficult for everyone, but our small local
governments have been some of the hardest hit due to extreme losses in
tax revenue. This is especially true in southwest Alabama.
In September, Hurricane Sally made landfall in Gulf Shores, bringing
record-breaking rainfall, over 30 inches in some places, and winds
above 110 miles per hour. Just weeks later, Hurricane Zeta passed
through our State,
[[Page H5849]]
causing further devastation, especially in rural parts of Mobile,
Washington, and Clark Counties.
That is right. I have had two hurricanes in one season in my
district. These storms caused tens of millions of dollars in damage and
left significant amounts of debris.
This would be difficult on a small town's budget in a normal year,
but pandemic-related issues coupled with unexpected costs from severe
storm damage will further stretch the already limited budgets of many
of our communities.
Already, a local government in south Alabama has made the difficult
decision not to purchase a much-needed new police vehicle due to the
impacts of COVID-19 and Hurricane Sally on their budget.
The current 75-25 percent FEMA Federal-State cost share is simply
unworkable in this challenging year.
This important legislation will raise the Federal cost share of
pandemic-related disaster relief to 100 percent and all other relief
for disasters this year, including the hurricanes that have devastated
the Gulf Coast, to a minimum of 90 percent. Making this adjustment will
help reduce the burden on our local communities and help strengthen the
recovery process.
Mr. Speaker, I hope that Members from both sides will join me in
supporting this critical legislation.
Mr. ROUZER. Mr. Speaker, I yield 2 minutes to the gentleman from
Louisiana (Mr. Graves), my good friend, who I understand has a little
different viewpoint on this bill than some of us but definitely
deserves the right to be heard.
Mr. GRAVES of Louisiana. Mr. Speaker, I thank the gentleman from
North Carolina (Mr. Rouzer), my friend, for yielding.
Look, I understand I am in the minority on this legislation in more
ways than one.
Mr. Speaker, years ago, there was a movie called ``Brewster's
Millions.'' ``Brewster's Millions'' featured Richard Pryor, John Candy,
and others. In that movie, Richard Pryor was tasked with spending $30
million in 30 days in order to get access to $300 million in
inheritance. So what he did in that movie is he just went out there and
carelessly spent money hand over fist, just spending it irresponsibly
and recklessly because it wasn't his money. He didn't have to really
care about if it was spent in a wise or principled manner.
Mr. Speaker, I am concerned that perhaps we are doing a little bit of
that here.
I want to be clear: I agree that our local governments and our State
governments deserve relief, but, Mr. Speaker, in 2018, just 2 years
ago, we actually passed, we enacted, section 1232 of the Disaster
Recovery Relief Act that requires that FEMA look at the cumulative
impact of disasters in a region to determine what the cost share should
be. So, the law already provides a mechanism to reduce the cost share.
I agree that they have not done a good job implementing it, but I do
believe it is important for us to ensure that local and State
governments have some concern with the dollars that are being spent,
some skin in the game.
Lastly, Mr. Speaker, look, whether it is a State or local or Federal
Government, you have three options: you can reduce spending; you can
raise taxes; or, you can incur debt. All we are doing is we are
probably going to incentivize this irresponsible spending, and we are
going to increase the Federal debt. I think that the better way to
address this would be forcing FEMA to implement section 1232 of the
DRRA law of 2018 the way that we intended, therefore achieving a
similar objective.
Mr. Speaker, I urge that we revisit this legislation.
Mr. ROUZER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Oregon (Mr. DeFazio), the chairman, to close.
Mr. DeFAZIO. Mr. Speaker, I thank the gentleman for yielding me the
time. I thought we just had that one additional speaker, or I wouldn't
have yielded back all my time.
I would like to point out that after Katrina, the gentleman's home
State got 100 percent.
In this case, when we are talking about COVID, there were
unprecedented invocations of the Stafford Act for every State and every
territory of the United States of America, and I believe that warrants
the 100 percent for COVID, which has already occurred and is past
tense.
In addition, COVID has devastated local revenue sources for States
that have sales taxes. Mine doesn't. You know, their revenues are down
phenomenally, and for other reasons.
I don't really want to belabor this. We are going to win
overwhelmingly.
Mr. Speaker, I thank the gentleman for yielding his time.
Mr. ROUZER. Mr. Speaker, I yield an additional 30 seconds to the
gentleman from Louisiana (Mr. Graves), my friend.
Mr. GRAVES of Louisiana. Mr. Speaker, I just want to quickly make
note for the record that Hurricane Katrina was largely the result of
the Federal Government's actions, the devastation that was caused, the
loss of life. The Chief of Engineers of the U.S. Army Corps of
Engineers acknowledged their fault in that incident. Yes, it was
unique.
I also want to make clear that I said that I don't necessarily object
to the outcome of the legislation, but I think the way of getting there
is inappropriate. We need to have consistent standards on how to
achieve the right cost share for different disasters.
Mr. ROUZER. Mr. Speaker, H.R. 8266 will help communities recovering
from recent disasters and support the nationwide effort to respond to
the COVID pandemic.
Mr. Speaker, I urge support of this important legislation, and I
yield back the balance of my time.
Ms. ESHOO. Mr. Speaker, I rise in strong support of H.R. 8266, the
FEMA Assistance Relief Act which will provide additional funding to
state and local governments to help victims of disasters rebuild and
will make an important difference in the lives of my constituents who
are victims of the CZU Lightning Complex Fire.
2020 has been a difficult year for so many Americans. As our nation
grappled with the COVID-19 pandemic, California endured a record-
breaking wildfire season. In my Congressional District, the CZU
Lightning Complex Fire burned for 37 straight days this summer,
destroying nearly a thousand homes and forcing 77,000 of my
constituents to evacuate.
The fires could not have come at a worse time for local governments
who are facing major budget cuts due to the pandemic. Santa Cruz County
projected a $23 million decrease in revenue, and the cost of the fires
has placed further strain on its ability to help residents affected by
the fires. The President declared the fires to be a major disaster,
providing much-needed federal funding, but FEMA only covers 75 percent
of the cost of disaster relief, with state and local governments having
to pick up the rest of the costs. The FEMA Assistance Relief Act
increases the federal government's share of the costs to 90 percent,
alleviating the financial burden on local governments and allowing them
to focus on rebuilding their communities.
I am deeply grateful for the extraordinary work of thousands of first
responders who helped fight these terrible fires. Thanks to them and
their work, the fires have long since been contained, but much work
remains to be done to provide relief to my constituents. I'm proud to
be an original cosponsor of the FEMA Assistance Relief Act to provide
critical resources to communities around the country affected by
natural disasters this year, and I urge my colleagues to vote for it.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules
and pass the bill, H.R. 8266, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________