[Congressional Record Volume 168, Number 60 (Tuesday, April 5, 2022)]
[House]
[Pages H4170-H4175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RESILIENT ASSISTANCE FOR MITIGATION FOR ENVIRONMENTALLY RESILIENT
INFRASTRUCTURE AND CONSTRUCTION BY AMERICANS ACT
Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5689) to improve the provision of Federal resources to help
build capacity and fund risk-reducing, cost-effective mitigation
projects for eligible State, local, Tribal, and territorial governments
and certain private nonprofit organizations, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5689
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 ``Resilient Assistance for
Mitigation for Environmentally Resilient Infrastructure and
Construction by Americans Act'' or the ``Resilient AMERICA
Act''.
SEC. 2. PREDISASTER HAZARD MITIGATION.
Section 203(i) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133) is amended by
striking ``equal to 6 percent'' and inserting ``equal to not
more than 15 percent''.
SEC. 3. NONPROFIT FACILITIES.
Section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133) is amended--
(1) in subsection (b) by striking ``and local governments''
and inserting ``, local governments, and private nonprofit
facilities'';
(2) in subsection (c) by striking ``or local government''
in each place it appears and inserting ``, local government,
or private nonprofit facility'';
(3) in subsection (d)--
(A) in paragraph (1)(A) by striking ``local governments''
and inserting ``local governments and private nonprofit
facilities'';
(B) in paragraph (2)--
(i) by striking ``local governments'' in each place it
appears and inserting ``local governments or private
nonprofit facilities''; and
(ii) in subparagraph (B) by striking ``local government''
and inserting ``local government or private nonprofit
facility''; and
(C) in paragraph (3) by inserting ``or private nonprofit
facilities'' after ``any local governments of the State''.
(4) in subsection (e)--
(A) in paragraph (1)(A) by striking ``and local
governments'' and inserting ``, local governments, and
private nonprofit facilities''; and
(B) in paragraph (2) by striking ``or local government'' in
each place it appears and inserting ``, local government, or
private nonprofit facility'';
(5) in subsection (f)--
(A) in paragraph (2) by inserting ``or private nonprofit
facilities located in the State'' after ``local governments
of the State''; and
(B) in paragraph (3)(A) by inserting ``or private nonprofit
facilities located in the State'' after ``local governments
of a State''; and
(6) in subsection (g) by striking ``or local government''
in each place it appears and inserting ``, local government,
or private nonprofit facility''.
SEC. 4. BUILDING CODE IMPLEMENTATION AND ENFORCEMENT SET
ASIDE.
(a) In General.--Section 203(f) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(m)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Building code implementation and enforcement set-
aside.--Of the amounts made available under this section for
any given year, the Administrator may use not less than 10
percent to carry out eligible activities that further the
implementation and enforcement of the latest published
editions
[[Page H4171]]
of relevant consensus-based codes, specifications, and
standards, including any amendments made by State, local,
Tribal, or territorial governments to such codes,
specifications, and standards, that incorporate the latest
hazard-resistant designs and establish minimum acceptable
criteria for the design, construction, and maintenance of
facilities and residential structures that may be eligible
for assistance under this Act. In any fiscal year in which
requests for assistance for such activities do not total at
least 10 percent of assistance under this section, any
remaining funds may be used as additional assistance for the
purposes of paragraph (1).''.
(b) Latest Published Editions.--Section 203(m) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133(m)) is amended by inserting ``, (f)(3),''
after ``subsections (e)(1)(B)(iv)''.
(c) Conforming Amendment.--Section 1234 of the Disaster
Recovery Reform Act of 2018 (42 U.S.C. 5133 note) is amended
by striking subsection (d).
SEC. 5. RESILIENT INFRASTRUCTURE.
(a) Use of Assistance.--Subsection (g) of section 404 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c(g)) (as redesignated by
section 2) is amended--
(1) in paragraph (12)--
(A) by inserting ``, wildfire, and ice storm'' after
``windstorm'';
(B) by striking ``including replacing'' and inserting the
following: ``including--
``(A) replacing'';
(C) in subparagraph (A) (as so designated)--
(i) by inserting ``, wildfire,'' after ``extreme wind'';
and
(ii) by adding ``and'' after the semicolon at the end; and
(D) by adding at the end the following:
``(B) the installation of fire-resistant wires and
infrastructure and the undergrounding of wires;'';
(2) in paragraph (13) by striking ``and''; and
(3) by striking paragraph (14) and inserting the following:
``(14) replacing water systems that have been burned,
caused contamination, or are at risk from wildfire impacts
with resilient, non-combustible materials;
``(15) repairing, replacing, or retrofitting infrastructure
damaged by ice storms to be resilient to the impacts of such
storms;
``(16) retrofitting or hardening electric grid
infrastructure to comply with the latest published strength
standards or industry best practices for resiliency,
including standards and practices relating to the strength of
utility poles in high wind areas, regardless of height; and
``(17) implementing technologies to improve infrastructure
monitoring and distribution for the purpose of reducing risk
and avoiding future disaster impacts and, notwithstanding
other requirements related to cost-effectiveness, to avoid
any unintended consequences under this section and section
203.''.
(b) Use of Assistance for Earthquake Hazards.--Subsection
(h) of section 404 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c(h)) (as
redesignated by section 2) is amended--
(1) by inserting ``and tsunami'' after ``earthquake'' each
place it appears (including in the subsection heading);
(2) in paragraph (2) by striking ``and'' at the end;
(3) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) planning, design, or construction of vertical
evacuation structures in designated and mapped tsunami danger
areas or hazard zones.''.
SEC. 6. RESIDENTIAL RETROFIT AND RESILIENCE PILOT PROGRAM.
(a) Establishment.--The Administrator of the Federal
Emergency Management Agency shall carry out a residential
resilience pilot program through the program established
under section 203 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133) to make
available assistance to State and local governments for the
purpose of providing grants to individuals for residential
resilience retrofits.
(b) Amount of Funds.--The Administrator may use not more
than 10 percent of the assistance made available to
applicants on an annual basis under section 203 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133) to provide assistance under this section.
(c) Timeline.--The Administrator shall establish the
demonstration program under this section not later than 1
year after the date of enactment of this Act and the program
shall terminate on September 30, 2025.
(d) Report.--Not later than 4 years after the date of
enactment of this Act, 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 of the Senate a report that includes--
(1) a summary of the grant awards and projects carried out
under this section;
(2) a detailed compilation of results achieved by the grant
awards and projects carried out under this section, including
the number of homes receiving retrofits, the types and
average costs of retrofits, demographic information for
participants in the program, and estimate avoidance in
disaster impacts and Federal disaster payments as a result of
the grant investments; and
(3) any identified implementation challenges and
recommendations for improvements to the pilot program.
(e) Residential Resilient Retrofits Defined.--
(1) In general.--In this section, the term ``residential
resilient retrofits'' means a project that--
(A) is designed to increase the resilience of an existing
home or residence using mitigation measures which the
administrator determines reduce damage and impacts from
natural disaster hazards and risks that are most likely to
occur in the area where the home is located; and
(B) to the extent applicable, are consistent with the 2
most recently published editions of relevant consensus-based
codes, specifications, and standards, including any
amendments made by State, local, tribal, or territorial
governments to such codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish
criteria for the design, construction, and maintenance of
residential structures and facilities that may be eligible
for assistance under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for the
purpose of protecting the health, safety, and general welfare
of the buildings' users against disasters.
(2) Inclusion.--In this section, the term ``residential
resilient retrofits'' includes--
(A) elevations of homes and elevations of utilities within
and around structures to mitigate damages;
(B) floodproofing measures;
(C) the construction of tornado safe rooms;
(D) seismic retrofits;
(E) wildfire retrofit and mitigation measures;
(F) wind retrofits, including roof replacements, hurricane
straps, and tie-downs; and
(G) any other measures that meet the requirements of
paragraph (1), as determined by the Administrator.
SEC. 7. BUY AMERICA FOR NONEMERGENCY PROJECTS.
(a) In General.--For the purposes of this rulemaking, to
ensure that the United States has the productive capability
to respond quickly to emergencies and natural disasters with
a strong domestic industrial base being in the public
interest, the Administrator of the Federal Emergency
Management Agency shall require, as a condition of any
financial assistance provided by the Agency on a nonemergency
basis after promulgation of regulations pursuant to
subsection (c) for a construction project with a cost of at
least $1,000,000, that the steel and iron used in the project
be produced in the United States.
(b) Waiver.--
(1) In general.--The Administrator may provide a waiver of
the requirements in subsection (a) if the Administrator
finds--
(A) that the application of such subsection would be
inconsistent with the public interest, including causing
unreasonable project delays;
(B) that such steel and iron are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(C) that inclusion of domestic material will increase the
cost of the overall project contract by more than 25 percent.
(2) Public input.--If the Administrator receives a request
for a waiver under this subsection, the Administrator shall
make available to the public, on an informal basis, a copy of
the request and information available to the Administrator
concerning the request, and shall allow for informal public
input on the request for at least 15 days prior to making a
finding based on the request.
(3) Publication of request.--The Administrator shall make
the request and accompanying information available by
electronic means, including on the official public website of
the Federal Emergency Management Agency.
(c) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the President, acting through the
Administrator of the Federal Emergency Management Agency,
shall conduct and complete a rulemaking to establish what
considerations shall be used by the Administrator to assess
whether a waiver request made pursuant to subsection
(b)(1)(A) is in the public interest. Such criteria shall
include both a calculation considering domestically produced
steel and iron and a calculation with non-domestically
produced steel and iron for construction projects which
require a Benefit-Cost Analysis in order to qualify for
financial assistance.
(d) Adjustment.--The amount in subsection (a) shall be
adjusted annually to reflect changes in the Consumer Price
Index for All Urban Consumers published by the Department of
Labor.
SEC. 8. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC
ASSISTANCE.
(a) In General.--Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
et seq.) is amended by adding at the end the following:
``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO
PUBLIC ASSISTANCE.
``(a) In General.--For purposes of assistance under this
title, the President shall provide financial assistance at
the applicable Federal share to a State or local government,
electric cooperative, or nonprofit organization as
reimbursement for qualifying interest.
``(b) Definitions.--In this section, the following
definitions apply:
[[Page H4172]]
``(1) Qualifying interest.--The term `qualifying interest'
means, with respect to a qualifying loan, the lesser of--
``(A) the actual interest paid to a lender for such
qualifying loan; and
``(B) the interest that would have been paid to a lender if
such qualifying loan had an interest rate equal to the prime
rate most recently published on the Federal Reserve
Statistical Release on selected interest rates.
``(2) Qualifying loan.--The term `qualifying loan' means a
loan--
``(A) obtained by a State or local government, electric
cooperative, or nonprofit organization; and
``(B) of which not less than 90 percent of the proceeds are
used to fund activities for which such State or local
government, electric cooperative, or nonprofit organization
receives assistance under this Act after the date on which
such loan is disbursed.''.
(b) Rule of Applicability.--Any qualifying interest (as
such term is defined in section 431 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as added by
this section) incurred by a State or local government,
electric cooperative, or nonprofit organization in the 5
years preceding the date of enactment of this Act shall be
treated as eligible for financial assistance for purposes of
such section 431.
SEC. 9. FUNDING OF A FEDERALLY AUTHORIZED WATER RESOURCES
DEVELOPMENT PROJECT.
Section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133) is further amended
by adding at the end the following:
``(n) Funding of a Federally Authorized Water Resources
Development Project.--
``(1) In general.--Notwithstanding section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155) and its implementing regulations,
assistance provided under this section may be used to fund
activities authorized for construction within the scope of a
federally authorized water resources development project of
the Army Corps of Engineers if such activities are also
eligible activities under this section.
``(2) Federal funding.--All Federal funding provided
pursuant to this section shall be applied toward the Federal
share of a federally authorized water resources development
project described in paragraph (1).
``(3) Non-federal match.--All non-Federal matching funds
required pursuant to this section shall be applied toward the
non-Federal share of a federally authorized water resources
development project described in paragraph (1).
``(4) Total federal share.--Funding provided pursuant to
this section may not exceed the total Federal share for a
federally authorized water resources development project
described in paragraph (1).
``(5) Rule of construction.--Nothing in this subsection may
be construed to affect--
``(A) the cost-share requirement of a hazard mitigation
measure under this section;
``(B) the eligibility criteria for a hazard mitigation
measure under this section;
``(C) the cost share requirements of a federally authorized
water resources development project described in paragraph
(1); and
``(D) the responsibilities of a non-Federal interest with
respect to such project, including those related to the
provision of lands, easements, rights-of-way, dredge material
disposal areas, and necessary relocations.
``(6) Limitation.--If a federally authorized water
resources development project of the Army Corps of Engineers
is constructed with funding provided under this subsection,
no further Federal funding shall be provided for construction
of such a project.''.
SEC. 10. GAO REPORT TO CONGRESS ON CHALLENGES UNDER PUBLIC
ASSISTANCE ALTERNATIVE PROCEDURES.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the challenges to States and
Territories of the United States in obtaining assistance
under section 428 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5189f).
(b) Contents.--In conducting the study described in
subsection (a), the Comptroller General shall study the
challenges for assistance described in subsection (a) faced
by the following:
(1) Rural areas, as such term is defined in section 423 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189a).
(2) Small impoverished communities, as such term is defined
in section 203 of such Act.
(3) Other communities, areas, or individuals that the
Comptroller General determines pertinent.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report describing the results of the
study required under subsection (a).
SEC. 11. APPLICABILITY.
The amendments made by sections 2, 4(a), 8, and 9, and the
provisions under section 6, shall only apply to amounts
appropriated on or after the date of enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. DeFazio) and the gentleman from Missouri (Mr. Graves) each
will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. DeFAZIO. 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. 5689, 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 yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5689, the Resilient AMERICA
Act. This bill reflects a bipartisan agreement that will significantly
enhance U.S. mitigation and resilience efforts.
Federal policy that focuses on investment in mitigation and
bolstering resilience is basic good governance and will lessen the
impacts of future disasters. For years, studies have demonstrated that
taxpayers save up to $11 for every single dollar invested in mitigation
before a disaster strikes. There is no better investment.
This legislation builds on existing mitigation efforts and will make
our Nation more resilient.
First, this legislation increases the amount of mitigation funding
FEMA may make available to States through the Pre-Disaster Mitigation
program, also known as BRIC, and makes nonprofits eligible recipients
of these funds.
Second, it expands the kind of projects eligible for mitigation
assistance through the Hazard Mitigation Grant Program. This includes
enhancing the resilience of utilities to risks from wildfire, which
will be of great benefit in the Western States.
Third, this legislation sets aside funds for the implementation and
enforcement of the latest building codes and standards. Building codes
make our buildings safer and more resilient. Proper building codes that
account for climate change can mean the difference between saving a
family's home and a total loss during a disaster. I strongly support
efforts to prepare buildings for actual hazard risks and climate change
with updated codes.
Lastly, this legislation creates a pilot program to fund resilience
projects at private homes. Often, homeowners cannot implement
recommended mitigation efforts, such as creating defensible space to
protect against wildfires or removing overhanging branches to remove
the risk of damage from severe storms, because they are too expensive.
This pilot program will create the first Federal grant program that
allows homeowners to proactively take mitigation into their own hands.
I am confident that empowering individuals through this program will
make families and their homes more resilient and, again, in the end,
save taxpayers money.
Representing a district that was impacted by catastrophic wildfires,
particularly in 2020, has made me painfully aware of the importance of
the provisions within this legislation. I wish that this bill and the
mitigation investments it authorizes could have been enacted prior to
the 2020 fires. It may have saved some of my constituents from the
trauma of losing their homes.
I thank Ranking Member Graves, as well as Subcommittee on Economic
Development, Public Buildings, and Emergency Management Chair Titus and
Ranking Member Webster for their support and for working with us on
this legislation.
Mr. Speaker, I urge my colleagues on both sides to join us and
support the Resilient AMERICA Act, and I reserve the balance of my
time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I am pleased to cosponsor H.R. 5689, the Resilient
AMERICA Act, along with Chairman DeFazio and Subcommittee on Economic
Development, Public Buildings, and Emergency Management Chair Titus and
Ranking Member Webster. This bill is going to strengthen our support
for communities and individuals in mitigating disasters.
We know that for every dollar invested upfront in mitigation, $4 to
$11 are saved in damages from a disaster. Given that, one way we lower
costs of future disasters is by investing upfront in mitigation.
This bill builds on the bipartisan work that we did on mitigation in
the
[[Page H4173]]
Disaster Recovery Reform Act of 2018. It ensures mitigation funds are
spent and targeted in ways to support efforts by communities and
homeowners to save lives and reduce damage.
In my district, my constituents regularly experience flooding that
not only causes damage to homes and businesses but disrupts lives and
displaces people. Sadly, the time it takes to recover and receive
assistance is far too long.
I am glad to see more being done to make commonsense investments on
the front end through mitigation projects, which will save taxpayers
money. More importantly, it can help save lives.
This bill also has the support of several groups, including the
National Association of Home Builders.
Mr. Speaker, I include in the Record a letter of support from the
National Association of Home Builders.
National Association of Home Builders, Government
Affairs,
Washington, DC, April 5, 2022.
Hon. Peter DeFazio,
Chairman, House Transportation & Infrastructure Committee,
House of Representatives, Washington, DC.
Hon. Sam Graves,
Ranking Member, House Transportation & Infrastructure
Committee, House of Representatives, Washington, DC.
Dear Chairman DeFazio and Ranking Member Graves: On behalf
of the more than 140,000 members of the National Association
of Home Builders (NAHB), I write in support of H.R. 5689, the
Resilient AMERICA Act. The resilience and pre-disaster
mitigation initiatives contained in this bipartisan bill
would provide a comprehensive and preemptive approach to
reducing the risks of natural disasters while preserving
important flexibilities at the state and local levels.
NAHB supports a comprehensive approach to addressing
natural disasters through initiatives focused on implementing
cost-effective solutions that encourage greater resiliency in
the nation's housing stock--while preserving housing
affordability. The Resilient AMERICA Act would invest in
common-sense mitigation activities, with an emphasis on
residential retrofits for improving resiliency in older
homes. Expanding mitigation opportunities and creating
incentives to facilitate upgrades and improvements to older
homes and structures would help to reduce risks and minimize
losses from future catastrophes.
NAHB also supports the incorporation of language that
respects state and local jurisdictions' control over building
code adoption by providing flexibility to adopt one of the
two latest published codes. In addition, the bill includes a
provision that would provide consistency in how FEMA
evaluates which code a jurisdiction has adopted. This
language will provide the flexibility needed for communities
to take positive steps to withstand and recover from extreme
events.
We urge the passage of H.R. 5689 to make American
communities more resilient while also protecting important
building code flexibilities at the state and local levels.
Thank you for considering our views.
Sincerely,
James W. Tobin III,
Executive Vice President & Chief Lobbyist.
Mr. GRAVES of Missouri. Mr. Speaker, I thank Chairman DeFazio for
working with us on this bill as we have all seen the effects of
disaster in our districts and across America.
Mr. Speaker, I urge support of this bipartisan legislation, and I
reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I include in the Record two letters of
support for H.R. 5689, one from the Build Strong Coalition and one from
the U.S. Chamber of Commerce.
Buildstong Coalition,
Washington, DC, March 1, 2022.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Kevin McCarthy,
Minority Leader, House of Representatives,
Washington, DC.
Hon. Dina Titus,
Subcommittee Chair, House T&I Committee,
Washington, DC.
Hon. Daniel Webster,
Subcommittee Ranking Member,
House T&I Committee, Washington, DC.
Dear Speaker Pelosi and Leader McCarthy: The BuildStrong
Coalition writes to express our strong support for H.R. 5689,
the Resilient Assistance for Mitigation for Environmentally
Resilient Infrastructure and Construction by Americans
(AMERICA) Act, which was passed out of the Committee on
Transportation and Infrastructure on October 27, 2021, with
almost unanimous backing. The undersigned organizations, as
part of the BuildStrong Coalition, urge you to schedule
consideration of the bipartisan legislation on the House
floor as soon as possible.
This legislation builds on the resilience initiatives
contained in the bipartisan infrastructure package and
provides additional tools for families, businesses, and
communities to reduce climate risks ahead of the next crisis.
As our nation's disaster profile becomes increasingly
volatile and the instances of severe climate events grow, it
is critical that Congress act on this issue.
Important mitigation measures like those included in the
Resilient AMERICA Act save lives, property, and taxpayer
money, and are crucial for reducing environmental disaster
impacts. Multiple studies have demonstrated that for every $1
spent on preventative pre-disaster mitigation and resilient
construction, there is a return of as much as $11 in savings.
Such policies are good for the environment and the economy.
This comprehensive bill contains a host of provisions
designed to create a significant number of new resources for
communities to better protect themselves ahead of natural
catastrophes. This includes policies that would increase
funding for the National Public Infrastructure Pre-Disaster
Mitigation fund (commonly known as Building Resilient
Infrastructure and Communities, or BRIC, Program) created by
the Disaster Recovery Reform Act to provide grants to local
governments for risk-reducing mitigation projects that make
homes and infrastructure more resilient in advance of severe
climate events, as well as those that would harden
communities by creating new resources and incentives for
states and localities to adopt and enforce modern
constructions standards and building codes. Importantly, the
bill will also establish a new pilot program under the
Federal Emergency Management Agency to provide resources to
communities and homeowners for the purpose of retrofitting
existing homes and buildings.
The BuildStrong Coalition, formed in 2011 to respond to an
increasing number of severe disasters, is made up of a
diverse group of members representing firefighters, emergency
responders, emergency managers, insurers, engineers,
architects, contractors, and manufacturers, as well as
consumer organizations, code specialists, and many others
committed to building a more disaster resilient nation. The
BuildStrong Coalition has been a partner to Congress's work
to investigate causes of, and devise the solutions to, the
rising costs and impacts of disasters in the United States.
Our organization represents the broad, bipartisan, public-
private, and nonprofit stakeholder support for H.R. 5689.
Therefore, the BuildStrong Coalition and its allied partners
again ask that it be brought to House floor for consideration
under suspension of the rules. We look forward to working
with you and are prepared to offer our institutional
expertise throughout the process.
Sincerely,
Natalie F. Enclade, Ph.D.,
Executive Director, BuildStrong Coalition.
____
December 22, 2021.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Kevin McCarthy,
Republican Leader, House of Representatives,
Washington, DC.
Dear Speaker Pelosi and Leader McCarthy: The undersigned
organizations support H.R. 5689, the ``Resilient Assistance
for Mitigation for Environmentally Resilient Infrastructure
and Construction by Americans Act'' or ``Resilient AMERICA
Act,'' and urge you to schedule consideration of this
legislation, perhaps under suspension of the rules. This
legislation, which was reported from the Committee on
Transportation and Infrastructure with strong bipartisan
support, would build on the resilience initiatives contained
in the recent bipartisan infrastructure law and provide
additional tools to reduce risks posed by a changing climate.
For every dollar invested in resilience and predisaster
mitigation, the taxpayer receives anywhere from $3.00 to
$11.00 in return. Such policies are good for the environment
and the economy. This bill would:
Increase the annual spending for the new National Public
Infrastructure Predisaster Mitigation fund from up to 6% to
up to 15% of postdisaster funding.
Require unspent funds to be recaptured for mitigation and
resilience projects.
Extend eligibility for Building Resilient Infrastructure
and Communities (BRIC) program grant funding to private non-
profit organizations.
Provide a 10% set-aside within BRIC to enforce the adoption
of newer building codes.
Add wildfires and tsunamis, including strengthening
utilities against wind, ice, and wildfire risks as eligible
hazards to receive funding.
Establish a 10% set-aside within BRIC to fund residential
resilience retrofit grants--upgrades to strengthen homes
resilience and comply with consensus-based codes and
standards, including wind and roof retrofits, floodproofing,
and constructing saferooms.
We strongly support H.R. 5689 and urge that it be brought
to the House floor for expeditious consideration. We stand
ready to assist you in this process.
Sincerely,
American Council of Engineering Companies, American
Institute of Architect, American Planning Association,
American Society of Civil Engineers; American Society of
Landscape Architects; Build Strong Coalition; City Parks
Alliance; Ecological Restoration Business Association;
Mississippi River Cities and Towns Initiative; National
Association of Clean Water Agencies; National Association of
Counties; National Association of Mutual Insurance Companies;
National League of Cities; National Recreation and Park
Association; National Rural Electric Cooperative Association;
Rural Community Assistance Partnership; U.S. Chamber of
Commerce.
[[Page H4174]]
Mr. DeFAZIO. Mr. Speaker, I yield as much time as she may consume to
the gentlewoman from Nevada (Ms. Titus).
Ms. TITUS. Mr. Speaker, I stand to add my voice to the bipartisan
chorus of support for this bill, including the chairman of the
Committee on Transportation and Infrastructure, Mr. DeFazio; Ranking
Member Graves; and the ranking member of my subcommittee, Mr. Webster,
for leading on this bill and working so hard to bring relief to not
only our communities but individuals who are hit by natural disasters
and other calamities like we saw during COVID.
Creating a Federal policy that supports projects focused on
mitigating risks and bolstering resilience is good government. There is
no two ways about it.
{time} 1330
This legislation features a number of key provisions that will make
our Nation more resilient:
One, it increases State funding for predisaster mitigation. An ounce
of prevention is worth a pound of cure.
It expands assistance for Western States, like Nevada, that are at
the risk of wildfires, which we see coming more often, lasting longer,
and being more intense.
It also reserves funds to implement and enforce the latest building
codes and standards so when we do build back, we build back better, not
to the status quo ante.
It empowers families to proactively take mitigation measures into
their own hands, because they may know best what they need there at
home.
I strongly support this legislation. We must wake up to the realities
of climate change and the increasing intensity and cost of the natural
disasters that it causes. This legislation will help to make our Nation
more resilient, and I ask my colleagues to support it.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 5 minutes to the
gentleman from Louisiana (Mr. Graves), the ranking member of the
Subcommittee on Aviation.
Mr. GRAVES of Louisiana. Mr. Speaker, today we spend an average of
$100 billion a year responding to disasters; $100 billion. This is a
number that we can't afford to continue responding, continue reacting
to disasters.
The National Institute of Building Sciences has done all sorts of
analyses looking at the efficacy of making investments on the front
end, Mr. Speaker, so we are not in a situation where, as in the
chairman's case, we are having to go into Oregon, Washington,
California, or other States out West, and pick up the pieces of these
communities destroyed by forest fires; so we don't have to go into
these communities that have been impacted by severe winter storms,
communities living along rivers that have been inundated by floods, or
communities on the southern coast, the Gulf Coast, or the East Coast
that have been pummeled by hurricanes, such as our home State of
Louisiana, with just in recent years, Hurricanes Laura, Delta, Zeta,
Ida; some of the most powerful hurricanes to ever make landfall in the
United States.
The National Institute of Building Sciences has found that for every
$1 you invest in natural mitigation solutions, you get up to $13 in
savings. By adopting more resilient building standards, building codes,
you get up to $11 in savings.
Let me say it again, Mr. Speaker. We can't afford to keep doing this.
$100 billion a year. As Ranking Member Graves noted a few minutes ago,
back in 2018 we worked on a bipartisan basis to, actually, enact the
BRIC program, to really take the PDM, the Pre-Disaster Mitigation grant
program, and put it on steroids. Based on the incredible popularity of
the program, the progress that has been made, this legislation helps to
advance it even further. By increasing the funds that are available
and, most importantly, by eating into that $100 billion we are spending
in taxpayer funds every year responding to disasters, reducing that
cost, Mr. Speaker, and the most important thing is the actual impact on
the ground.
Those communities out West that are dealing with forest fires,
helping to stop, prevent, and contain those forest fires.
Those communities that are experiencing devastation from winter
storms, helping to protect and make them more resilient.
Communities that are getting repetitive floods, making sure those
communities can withstand those floods, and those communities that we
represent in south Louisiana that have had hurricane after hurricane
that are truly challenging the existence, the livelihood of those
communities, helping to make sure they can withstand these storms, and
we can continue to live life and enjoy life in coastal communities like
south Louisiana.
Lastly, Mr. Speaker, I want to thank Chairman DeFazio and Chairwoman
Titus, Ranking Member Graves, and Ranking Member Webster.
We were able to include two amendments in here. Number one, we worked
with Congressman Dunn on a very important amendment. Right now, FEMA
takes so long to reimburse communities in the aftermath of a disaster,
in many cases our parishes, our counties, and States have to take out
loans, so there is an amendment added to this bill that mandates that
FEMA pay the interest costs of the loan. If they are going to take
forever to reimburse, they can at least cover the loan costs, the
interest costs on the loan.
The second one is a government efficiency provision. Right now, the
Corps of Engineers has the most arduous process in the Federal
Government for developing projects, including cost-to-benefit ratios,
environmental analysis, and technical feasibility, yet under current
law, Corps of Engineers' projects are prohibited from receiving funds
under the BRIC program or PDM. This fixes it. If that is the best
solution, if that is the greatest cost savings, if it is the best
efficiency of the dollar, my goodness, we shouldn't be stopping it, we
should be incentivizing it.
I want to thank all the folks who worked together on this
legislation. I look forward to enactment. I urge adoption of the bill.
Mr. DeFAZIO. Mr. Speaker, I have no additional speakers, and I
reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from California (Mr. LaMalfa).
Mr. LaMALFA. Mr. Speaker, I appreciate Ranking Member Graves yielding
me the time on this as well as the bipartisan effort with Chairman
DeFazio and everybody on this important legislation.
The Resilient AMERICA Act really, indeed, is like the old adage, a
stitch in time saves nine. When you can spend dollars upfront
mitigating, such as this bill moves to do, to make a larger pool of
money available under FEMA to do so, it just saves a lot of extra pain
and suffering.
Mr. Garret Graves talked about the $100 billion year in, year out we
are spending on disaster relief. It is good we do so, but we can nip a
lot of this in the bud by applying this type of thinking toward all
types of possible disasters.
In my home district, you know, last year the Dixie fire, right at a
million acres; the Camp fire before that hit the town of Paradise. You
all heard about that in the news, 85 people lost their lives, destroyed
90 percent of the town. Now, if we can get ahead of the curve on this,
whatever is applicable for FEMA preassistance, prework, hardening power
lines, having buildings that can be hardened with the right materials
for their siding and for their roofs. The mitigation we need to be
doing in forested areas, whatever is applicable, the more we can do,
the better off we are.
We are also looking at flood situations. I have that, too, with the
Sacramento River and Feather River in my area, as well as lesser areas,
too, in size. Instead of fixing a levee on New Year's Eve in the middle
of the night on soggy levees, doing that work ahead of time, upgrading
them makes it safer for the workers, safer for the community, and is
much less expensive.
This is, indeed, a great success for us in this time, and there is
sometimes difficulty here in Congress to have legislation like this
with strong bipartisan support that can help everybody. I am proud of
the work this committee has been able to do.
Mr. DeFAZIO. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I
may consume to close.
[[Page H4175]]
Mr. Speaker, in closing, the Resilient AMERICA Act does support the
communities by investing in premitigation efforts, and these efforts
are going to save lives. It is going to save taxpayer dollars by
lowering costs of future disasters. It is going to do so many things.
Mr. Speaker, I urge support of this important piece of legislation. I
again want to thank the chairman for working with us on this. I yield
back the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume
to close.
We have just heard very telling testimony from the gentleman from
Louisiana (Mr. Graves) about the issues with the frequent problems they
have had with hurricanes down there, and then the gentleman from
California (Mr. LaMalfa) talking about wildfires, which have become
more and more intense and widespread and persistent in the West.
On both sides of the aisle, I think almost any Member who has had a
disaster, a natural disaster in their district, can attest to the fact
that if his or her community had been better prepared, if they had
taken steps toward resilience, if the Federal Government had given them
that guidance and perhaps some funding incentives to put in place those
mitigation measures, that lives would have been saved, property would
have been saved, and ultimately the Federal taxpayers would save a lot
of money.
This legislation has tremendous merit, and I urge my colleagues to
support it unanimously; although, of course, we will have someone on
that side of the aisle who will call for a vote even though they might
even vote for it. Hopefully, the Senate, in its total dysfunction, will
look favorably upon this legislation.
Mr. Speaker, I yield back the balance of my time.
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. 5689, 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. HARRIS. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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