[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9936-H9937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               HAZARD ELIGIBILITY AND LOCAL PROJECTS ACT

  Mr. MALINOWSKI. Mr. Speaker, I move to suspend the rules and concur 
in the Senate amendment to the bill (H.R. 1917) 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:

        Strike all after the enacting clause and insert the 
     following:

     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 AND 
                   DEMOLITION ASSISTANCE PROJECTS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) Covered project.--The term ``covered project'' means a 
     project that--
       (A) is an acquisition and demolition project for which an 
     entity began implementation, including planning or 
     construction, before or after requesting assistance for the 
     project under a hazard mitigation assistance program; and
       (B) qualifies for a categorical exclusion under the 
     National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et 
     seq.).
       (3) Hazard mitigation assistance program.--The term 
     ``hazard mitigation assistance program'' means--
       (A) any 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).
       (b) Eligibility for Assistance for Covered Projects.--
       (1) In general.--An entity seeking assistance under a 
     hazard mitigation assistance program may be eligible to 
     receive that assistance for a covered project if--
       (A) the entity--
       (i) complies with all other eligibility requirements of the 
     hazard mitigation assistance program for acquisition or 
     demolition projects, including extinguishing all incompatible 
     encumbrances; and
       (ii) complies with all Federal requirements for the covered 
     project; and
       (B) the Administrator determines that the covered project--
       (i) qualifies for a categorical exclusion under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.);
       (ii) is compliant with applicable floodplain management and 
     protection of wetland regulations and criteria; and
       (iii) does not require consultation under any other 
     environmental or historic preservation law or regulation or 
     involve any extraordinary circumstances.
       (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.
       (c) Applicability.--This Act shall apply to covered 
     projects started on or after the date of enactment of this 
     Act.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter for 3 years, 
     the Administrator shall submit to Congress a report on use of 
     the authority under this Act, including--
       (1) how many applicants used the authority;
       (2) how many applicants using the authority successfully 
     obtained a grant;
       (3) how many applicants were not able to successfully 
     obtain a grant;
       (4) the reasons applicants were not able to obtain a grant; 
     and
       (5) the extent to which applicants using the authority were 
     able to comply with all necessary Federal environmental, 
     historic preservation, and other related laws and 
     regulations.
       (e) Termination.--The authority provided under this Act 
     shall cease to be effective on the date that is 3 years after 
     the date of enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Malinowski) and the gentleman from Louisiana (Mr. Graves) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. MALINOWSKI. 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. 1917, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. MALINOWSKI. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 1917. This bipartisan bill, 
sponsored by Congresswoman Lizzie Fletcher, makes it easier for 
municipalities to access Federal funds to protect people and property 
from disasters, like the major floods that have hit my State of New 
Jersey and other States across the country.
  For every one taxpayer dollar invested in mitigation, up to $13 are 
saved. The vast majority of FEMA's mitigation investments are made via 
the Agency's longest running mitigation grant program, the Hazard 
Mitigation Grant Program, or HMGP, which began in 1989.
  Since then, more than $5 billion have been obligated to HMGP 
projects, but due to various issues, including lack of capacity and 
burdensome red tape, more than $1 billion of these funds have gone 
unobligated.
  Mr. Speaker, $1 billion in unspent hazard mitigation funds translates 
to a minimum of $4 billion in unrealized disaster recovery savings in 
the communities that were unable to advance these mitigation projects.
  This bill begins to cut the red tape and make it easier for 
communities to start their projects early while still taking advantage 
of the HMGP grants to complete their hazard mitigation projects that 
involve acquisitions.
  In short, H.R. 1917 helps communities access funding to complete 
mitigation projects that will save lives, property, and taxpayer 
dollars.
  Mr. Speaker, I support this legislation, and I reserve the balance of 
my time.

                              {time}  1530

  Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself such time as I 
may consume.
  I rise in support of H.R. 1917, the Hazard Eligibility and Local 
Projects Act.
  As the gentleman from New Jersey just stated, this is a critical 
bill. It has already passed the House once. It passed out of the 
Transportation Committee by voice vote.

[[Page H9937]]

  I want to explain the scenario. In recent years, this Congress has 
provided record funding for mitigation projects, whether it be through 
the Corps of Engineers, the BRIC program through FEMA, or the Hazard 
Mitigation Grant Program that is based upon a formula of previous years 
disasters.
  What this legislation does is it really is a technical fix. In many 
cases, Mr. Speaker, it can take FEMA not weeks or months to approve a 
mitigation project, but years. It can take years. In many cases, Mr. 
Speaker, these projects are absolutely critical projects; they have 
great urgency behind them.
  We must have a project development and delivery process that reflects 
the urgency of the projects. This bill helps to fix that.
  What it does is it doesn't necessarily wait on Federal approval to 
allow for a project to be reimbursed to be an eligible project. I want 
to be clear, Mr. Speaker. This doesn't change the rules of eligibility. 
Meaning a county, a parish, a borough, a State could not move forward 
on a project doing something that ultimately is not approved and then 
get reimbursed. So the criteria for qualifying projects remains intact.
  This simply says if a parish, a county, a borough, or a State moves 
out on a mitigation project before approval from FEMA, they are not 
prevented or deemed ineligible from ultimately getting reimbursed under 
the Hazard Mitigation Grant Program.
  I thank Mrs. Fletcher for her work on this. This is the second time 
the House has voted on this legislation. The first time the bill passed 
the House, I think it was 409-16. I am going to say it again, Mr. 
Speaker: 409-16.
  Mr. Speaker, this legislation clearly enjoys broad bipartisan 
support. The Senate did make two small changes that we fully support. 
It does put a 3-year sunset on the bill. Secondly, it does require a 
report back to Congress to show the performance of the program and 
whether or not it should be renewed.
  Again, Mr. Speaker, I urge adoption of H.R. 1917, and I reserve the 
balance of my time.
  Mr. MALINOWSKI. Mr. Speaker, I have no more speakers, and I continue 
to reserve the balance of my time.
  Mr. GRAVES of Louisiana. Mr. Speaker, I yield 4 minutes to the 
gentlewoman from Puerto Rico (Miss Gonzalez-Colon).
  Miss GONZALEZ-COLON. Mr. Speaker, I rise today in support of the 
Senate amendment to H.R. 1917, the Hazard Eligibility and Local 
Projects Act, introduced by my colleague, Congresswoman Lizzie Fletcher 
from Texas, and which I am a proud cosponsor.
  The reason for that is that this bipartisan bill supports our 
communities with their preparation and response efforts to any 
disasters. Specifically, it will make them eligible for certain Federal 
disaster mitigation assistance for projects that began prior to 
submitting a request for assistance.
  The Senate amendment builds on this sound work by including a 3-year 
sunset clause that will allow Congress to assess the use of this 
authority and flexibility moving forward.
  We need to support our constituents in their efforts to safeguard our 
communities against any disasters. In my district, Puerto Rico, and in 
several others across the country, we know all too well the impact 
certain disasters may have on our health, economy, and of course, 
everyday life.
  This bill will support mitigation and related initiatives prior to 
the disaster taking place. As such, it reduces the need for post-
disaster response funding and ensures the continuity of mitigation work 
once it has started.
  Timely mitigation measures create and promote resiliency and lead to 
a faster recovery. As a cosponsor of H.R. 1917, I urge my colleagues to 
support this bill, as amended.
  Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself the balance of 
my time.
  Mr. Speaker, again, this legislation is designed to address specific 
problems we have seen, bureaucracy and inefficiency. As the gentlewoman 
from Puerto Rico (Miss Gonzalez-Colon) just noted, this has impacts on 
communities that have experienced multiple disasters like in Puerto 
Rico, where they have had some profound impacts from hurricanes. We 
don't need to have the Federal Government revictimizing our citizens by 
creating bureaucratic steps.
  As the gentleman from New Jersey stated in his opening, we have seen 
over and over again, we are making proactive investments in mitigation 
which results in significant savings. Studies show the number could be 
anywhere from $3 to I have seen studies approaching $20 in savings. 
This allows for those projects to move forward.
  Again, this bill cuts through the bureaucracy and red tape. I urge 
adoption of the legislation, and I yield back the balance of my time.
  Mr. MALINOWSKI. Mr. Speaker, I yield myself such time as I may 
consume.
  I am proud to stand with the 409. It is nice when we can pass 
important legislation with such a large majority, and I sometimes 
wonder about the 16. I don't know quite what is going on over there, 
but maybe the gentleman can tell me afterwards.
  In closing, the Stafford Act entitles disaster-impacted States to 
HMGP grants after the disaster so that they can learn from the damage 
and protect their communities in the future.
  The ability to complete post-disaster mitigation projects should be 
accessible to communities in a much more timely manner. H.R. 1917 does 
that. It will empower States to cut through the red tape and complete 
acquisition projects much more quickly and with fewer burdens.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Malinowski) that the House suspend the 
rules and concur in the Senate amendment to the bill, H.R. 1917.
  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. ROSENDALE. 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.

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