[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.

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