On Friday, Congresswoman Virginia Foxx, R-NC, Chairwoman of the House Committee on Education and the Workforce, introduced two new pieces of legislation related to disaster relief in the aftermath of Helene.
Under the Disaster Recovery and Resilience Act of 2024, which would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), when the President declares a major disaster, the requirements of the Davis Bacon Act are waived automatically for any project repairing damage. Thus, when federal funds are used for repairs, the lowest bidder can do repairs without payment requirements backed by the union.
Additionally, the Recovery and Resilience Act waives the Jones Act for 180 days if the operator of a vessel can demonstrate that disaster relief is needed in an area impacted by a major disaster.
“…the Secretary of the department in which the Coast Guard is operating shall exempt a vessel from the requirements of such sections if the Secretary determines that the owner or operator of the vessel has reasonably demonstrated that the exemption is needed to provide disaster relief to an area affected by a major disaster declared under this title for a period of 180 days after the declaration of such major disaster,” reads the legislation.
Under the Recovery and Resilience Act, the President would create an Emergency Recovery Board after declaring a disaster. The board would consist of DHS, DOT, HHS, HUD, and state and local officials. The board would propose temporary suspension or modification of regulations, laws, and rules that hinder expedited recovery and development after a disaster. Federal agencies would be required to fast-track these recommendations. The board would also deliver a report to Congress outlining these recommendations and recommendations for legislative measures.
Lastly, funding from the Federal Emergency Management Agency (FEMA) could be used to install any technological improvement already scheduled during the repair, restoration, reconstruction, or replacement of damaged projects. This is permitted if the project was planned and funded and the technology was procured before the disaster.
The second piece of legislation introduced was the Helene Recovery Support Act. While the Recovery and Resilience Act looks to the future in preparations for disasters in the years ahead, the Helene Act addresses dealing with the aftermath of the impacts of Helene and Milton. This legislation appropriates $12.5 billion to the FEMA administrator to aid under the Stafford Act in response to areas affected by a major disaster as declared under the Act.
The appropriation of these funds is accounted for in Article 1, Section 9, Clause 7 (the Appropriations Clause) of the US Constitution.
“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”
US Constitution
It also rescinds $15 billion from the Pension Benefit Guaranty Corporation and appropriates $12.5 billion to FEMA’s Disaster Relief Fund. Additionally, it appropriates $1.5 billion to the Small Business Administration to resupply the Economic Injury Disaster Loan (EIDL) program and $1 billion for the New Markets Tax Credit.
“Right now, there are several imperatives that must be met: to provide strong cash infusions to the EIDL program, FEMA’s DRF, and New Markets Tax Credit, and to waive unnecessary regulations that threaten to stall timely disaster recovery,” Foxx told the Carolina Journal. “My two pieces of legislation, the Disaster Recovery and Resilience Act and the Helene Recovery Support Act are viable solutions to help meet this moment head-on. This is an opportunity to do the right things for the right reasons – and to create a pathway where necessary resources can be provided while also allowing recovery efforts to go unimpeded. Congress can, and should, pursue commonsense solutions to aid in disaster recovery efforts – the solutions that I have placed on the table help lead the way.”