To authorize the Secretary of Transportation to obligate funds for emergency relief projects arising from damage caused by severe weather events in 2013, and for other purposes.

Mr. Speaker, I thank the gentlewoman from the District of Columbia for yielding time to me so that I can speak about the catastrophe that we had in Colorado 2\1/2\ weeks ago.

Some portions of our State received more rain in 3 days than we get in a year and a half, and that amounted to tremendous flooding. Some people say it's a 200-year flood; others say it's a 500-year flood. But it damaged canyons, homes, businesses, roads up and down the front range of Colorado.

So our delegation has come together. There is some controversy as to the origins of this funding and whether or not the Republicans from Colorado supported this assistance for highways. That's in the past. We are together today because our State needs the assistance.

I rise to ask for quick passage of H.R. 3174, which will enable Colorado to quickly begin the process of rebuilding our damaged infrastructure. Almost 19,000 homes and businesses across Colorado were damaged or destroyed. I had friends, neighbors, and family affected by this storm.

I want to start by thanking our first responders--the police, the firefighters, the Colorado National Guard, the United States Army, and FEMA--for their heroic efforts to save lives. Individuals, volunteers, charities, the State, local, and Federal governments responded as one to help the people of the State of Colorado.

I witnessed firsthand, with Mr. Gardner, Mr. Polis, and our Senators and Governor, the National Guard rescuing a stranded family. These men and women, without a doubt, prevented these floods from taking more lives.

The damage throughout the State is catastrophic and truly unbelievable. I represent two counties of the nine that were declared major disaster areas. Now that the waters have receded, it is time to rebuild. At least 200 miles of State and Federal roads were damaged and 50 bridges were either damaged or destroyed by the floods; and that doesn't include local, county, and city streets, roads, and bridges.

In total, the Colorado Department of Transportation is estimating the damage to our State and Federal roads to be about $475 million. The Denver Post reported:

The flooding that swept through Colorado is the biggest

catastrophe to ever strike the State's infrastructure.

Current law restricts funds from this account to $100 million per State per incident. We know the damage to roads, bridges, and infrastructure in our State will well exceed that $100 million. I'm proud to be a cosponsor of H.R. 3174, with my friends in the Colorado delegation, to make sure Colorado has the resources needed to rebuild.

I thank the gentlewoman.

This bill does not cost a dollar. It simply allows the Secretary of Transportation the flexibility needed for Colorado and other communities impacted by severe weather events this year to rebuild our roads and bridges.

I'm asking all my colleagues to join me in supporting H.R. 3174 and help us in Colorado rebuild.

State of Colorado,

Office of the Governor,

Denver, CO, September 23, 2013.

Hon. John Boehner,

Speaker, House of Representatives,

Washington, DC.

Hon. Nancy Pelosi,

Minority Leader, House of Representatives,

Washington, DC.

Hon. Harry Reid,

Majority Leader, Senate,

Washington, DC.

Hon. Mitch McConnell,

Minority Leader, Senate,

Washington, DC.

Dear Speaker Boehner, Majority Leader Reid, Minority Leader

Pelosi, and Minority Leader McConnell: As you may know, this

month massive rains and heavy flooding left over a dozen

Colorado counties in devastation. With the rains, highways,

bridges, and culverts were washed away. As a result, even now

many communities still are cut off and isolated from the rest

of the state. Colorado is in dire need of help.

Communities across Colorado's Front Range and Eastern

Plains are starting to deal with aftermath of the flooding

and destruction. The affected counties include Boulder,

Adams, Larimer, Weld, Arapahoe, Broomfield, Clear Creek,

Denver, El Paso, Fremont, Jefferson, Logan, Morgan, Pueblo,

and Washington--an area so expansive, that it surpasses that

of Delaware, Maryland, New Jersey, and Rhode Island combined.

Early analyses show that the flooding was so severe that it

may not occur again for 500 to 1,000 years.

Thousands of Colorado families are without homes, potable

water, or power. Before the state can fully restore essential

services to impacted towns and cities, and allow residents to

permanently return home, we must repair our devastated

highway system. Early estimates are that at least 50 bridges

will need significant repair--30 of which must be fully

replaced. Approximately 200 highway lane miles must be

reconstructed. Temporary crossing structures are needed in

the interim. And, today, numerous state highways and local

roads remain closed, cutting off primary, and in some cases

the only, access to Colorado cities and towns. Assessing the

damage to Colorado's highway system is underway. But early

assessments are that the damage will be several hundred

million dollars.

Under the Disaster Relief Appropriations Act of 2013,

Public Law 113-2, the U.S. Federal Highways Administration

(FHWA) Emergency Relief Program (ERP), received over $2.02

billion to help states rebuild and repair damages to their

highways and bridges. In this bill, states impacted by

Hurricane Sandy could receive up to $500 million per disaster

in ERP funds; however, all remaining states--including

Colorado--were capped at $100 million per disaster.

Given the widespread devastation to our state highway

system, we are respectfully asking that Congress raise this

$100 million cap for Colorado as well. As the Colorado

congressional delegation stated in a letter to the House and

Senate Appropriations Committees, there are precedents for

waiving or raising this cap. For example, the $100 million

was waived in response to damage caused by Hurricanes Gustav

and Ike, and Hurricane Irene and the Missouri River basin

flooding. Recently, the cap was raised to $500 million for

those states devastated by Hurricane Sandy.

Based on Colorado's anticipated highway needs and the

precedents mentioned above, we ask that you raise this cap

for Colorado. Time and again, Congress has answered the call

to help communities during times of disaster and loss. The

September 2013 floods may prove to be the worst natural

disaster in the history of our state, and is likely the worst

we shall ever see in our lifetimes. Before we rebuild our

homes and businesses, we must rebuild our roads to reopen our

communities. On behalf of all Coloradans, please raise this

cap to $500 million, so that we may begin this process.

Sincerely,

John Hickenlooper,

Governor.

Mr. Speaker, I yield myself such time as I may consume.

I rise in support of H.R. 3174. This legislation would lift the cap on the Federal Highway Administration emergency relief program funds that occur in 2013.

Earlier this month, Colorado experienced historic storms that resulted in severe flooding, landslides, and mudslides. As a result of these severe storms, more than 50 bridges have been damaged or destroyed and over 200 miles of roads in Colorado have been affected by the flooding.

Initial estimates by the Colorado Department of Transportation are that damage to roads and bridges as a result of the storm could cost between $430 million and $475 million.

To assist States in dealing with unexpected destruction of surface transportation infrastructure because of natural disasters or catastrophic failure caused by an external event, Congress created FHWA's emergency relief program. This program provides funding to States to make emergency repairs and restore Federal-aid highway facilities to pre-disaster conditions.

While the ER program receives $100 million annually from the highway trust fund, demand for funding from this program usually exceeds this amount and requires supplemental appropriations from general revenues to address the backlog of funding requests from States.

Earlier this year, Congress appropriated $2 billion for the ER program in the Hurricane Sandy relief legislation. This $2 billion appropriation was intended to address rebuilding highways in the wake of Hurricane Sandy, as well as other natural disasters across the Nation.

Mr. Speaker, I would note that the House had a vigorous debate about Hurricane Sandy during that relief bill's consideration, with many of my friends on the other side of the aisle actually opposing the bill, including the sponsor of the legislation we are debating today. Thankfully, a majority of the House stood with our colleagues from States that suffered the incredible destruction as a result of Hurricane Sandy.

I would urge that we stand with our colleagues from Colorado today with the hope that prior opponents of such relief will see how important it is when it affects their own home State to understand that we are all in this together in this country when it comes to natural and catastrophic disasters.

Of the $2 billion provided by that legislation for highway ER projects as a result of Hurricane Sandy and other disasters, approximately $550 million remains available.

In addition to providing additional funding for the ER program, the legislation also restricted the amount that a State could receive of these funds to no more than $100 million per incident, with a separate cap provided for highway repair funds for States affected by Hurricane Sandy.

To address the concern that Colorado could not be fully reimbursed for the

cost of restoring its infrastructure, which could cost more than $400 million, in a timely manner, H.R. 3174 eliminates the $100 million cap on ER funds made available in the Hurricane Sandy Relief Act for all disasters that occur in 2013.

This bill is consistent with changes to the ER program made in the most recent Surface Transportation Authorization Act, the Moving Ahead for Progress in the 21st Century Act, or MAP-21, which also eliminated the historical $100 million cap.

Mr. Speaker, no State can plan for the type of destruction Colorado is dealing with as a result of the severe storms and flooding. That is why the ER program was created. That is why this House passed the Hurricane Sandy Relief Act and made additional highway repair funds available to all States that have suffered such natural disasters.

Mr. Speaker, I strongly urge my colleagues to join me in supporting H.R. 3174. Let us ensure that Colorado has the support and resources that it needs to rebuild its surface transportation infrastructure.

I reserve the balance of my time.

Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Colorado (Mr. Perlmutter).

I yield the gentleman an additional 1 minute.

I yield 3 minutes to the gentlewoman from Colorado (Ms. DeGette).

I'm pleased to yield an additional 1 minute to the gentlewoman from Colorado.

Mr. Speaker, this House should be proud to stand with Colorado. Anyone who saw the State seeming to be washed away and floods the likes of which I've never seen in my life would have her heart go out to the residents of the State.

Mr. Speaker, also I know that last week there was a United Nations report that found that, when they surveyed scientists from throughout the world, there was a 95 percent agreement, a 95 percent certainty that climate change is having its effects right now. That is a very high percentage for scientists to give to any issue. We know that a combination of factors produced these thousand-year floods, whatever you want to attach to them, in Colorado. But they certainly were aided and abetted by climate changes.

This House needs to take climate change seriously. As difficult as it is, we're going to see more and more catastrophes like this and, as usual, they will be in places we never expected them. In places where there are not tornados, we will see tornados. In places where there have not been floods, that is what we have seen in just the last few years.

So I certainly am pleased, and I'm sure every Member of this House will be pleased, to stand with the residents of Colorado as they try to recover from this flood which has devastated so many of their citizens.

Mr. Speaker, I yield back the balance of my time.

I thank the gentleman from Wisconsin and appreciate his leadership on this important matter as we try to bring relief to the people of Colorado who have suffered as a result of the floods that began on September 11.

I also thank the gentlelady from the District of Columbia for her leadership on this issue as well and for her support of the underlying measure.

Thanks to Chairman Shuster and the Appropriations Committee as well, Chairman Rogers, for supporting and making sure that this legislation moves to the floor as expeditiously as it has.

To the gentlelady from the District of Columbia, I would note that I voted for the $17 billion Hal Rogers amendment on Sandy, making sure that we had emergency funding through FEMA for all victims of that atrocious storm and disaster. But I also tried to make sure that we had funding for another disaster that had happened in Colorado and the western United States, dealing with wildfires and forest fires.

In fact, I tried to amend the legislation with disaster assistance for Colorado that was rejected and was not allowed to go into the bill, and ultimately, I made a decision based on the fact that we were treating disasters differently. But it's important to know that we do come together for disaster assistance, to make sure that we take care of people who have been harmed around this country.

On September 11, just a couple weeks ago, a flood began that destroyed nearly 2,000 homes and damaged over 17,000 homes. Early reports indicate that almost 25 percent of the buildings at the University of Colorado received some kind of damage.

I have toured with other members of the Colorado congressional delegation--Mr. Perlmutter, Mr. Coffman, Mr. Polis, our two Senators, Senator Mark Udall and Senator Bennett, as well as Governor Hickenlooper--as we have witnessed firsthand, both on the ground and from the air, the devastation that has taken place.

And for people who are rebuilding lives and rebuilding homes or rebuilding businesses that were lost, today this body takes a great step forward in providing at least one key component of certainty. And that certainty comes into those thoroughfares that allow them to get to and from school, to and from work, and farmers to get their goods to market.

Our transportation system was dramatically impacted by the floods. There were 200 line miles of highway affected. It's as if somebody had made a sand castle, built it, and a wave came and washed it away, a crumpled-up piece of paper, destroying hundreds of miles of Colorado highway. Fifty bridges were wiped out.

The Colorado Department of Transportation initially estimated that between $300 million and $500 million worth of damage was done to our highway system and has now settled on a figure closer to $475 million. I commend the Federal Highway Administration, who swiftly released $35 million to help with the cost of the most immediate repairs; but there must be more that is done.

And so, Mr. Speaker, I thank this body for its support of H.R. 3174, legislation that, with a ``yes'' vote, will not automatically lift the cap for other States that experience severe weather events, but allows the Secretary of Transportation to make that determination.

As the gentleman from Wisconsin (Mr. Petri) noted, this is not a new appropriation. There is no new spending, but it gives flexibility to the Department of Transportation to make decisions that will help the people who have suffered in Colorado.

And as I mentioned, the cap was also raised to $500 million for responses in other areas and other hurricanes--whether it's hurricanes, floods, or other events this country will face. We have an opportunity to help the people of Colorado, the people of this country get back on their feet. And I appreciate the support that this body has given this bill today.

Mr. Speaker, I thank the gentlelady for yielding.

As you can tell, not just from what everybody from our congressional delegation has said but also from the many, many news reports that we've seen in the last week, this flood really was one of the worst floods in Colorado's history.

I'm a fourth-generation Coloradan, and I remember some of the previous floods: the flood in 1965 when I was a little girl. In the terrible Platte River flood that flooded Cherry Creek and the Platte, my home was right by there, and we had flood damage. And then, of course, the tragic Big Thompson flood where many, many people

were killed. This is what happens to us in the West sometimes.

Colorado's recent flood is so dramatic that it really was a 500-year flood, or worse. And we feel terrible for the eight Coloradans who have died. Many are still unaccounted for, and we pray for all of them that they may be safe and that their homes may be preserved by the time the snow flies, which is any minute now.

On September 15, President Obama issued a major disaster declaration for Colorado, ordering Federal aid to supplement State and local recovery efforts.

You just cannot overstate the scope of this damage. As you heard from the gentleman from Colorado (Mr. Perlmutter), Mr. Gardner's and Mr. Polis' congressional districts were severely impacted by this; but all the rest of us were severely impacted in our districts, too.

Boulder had over 16 inches of rain in the course of 5 days. Communities in El Paso, Fremont, Jefferson, Logan, Morgan, Pueblo, Washington, Adams, Larimer, Weld, Arapahoe, Broomfield, Clear Creek, and Denver were all impacted by this. It really was a State issue. Residents have lost their homes. Businesses have been devastated. Communities have been destroyed. Our friends, relatives, and neighbors still are without power. Many of them can't drink their water.

And as you've heard from all of my colleagues, the devastation goes everywhere, from mountain highways to agricultural properties on the plains.

Over 50 bridges have been damaged or destroyed, and over 200 miles of Colorado roads have been impacted by the flooding. In the mountain areas, what happens is the roads go along the creeks; so when the creeks turn into raging rivers from this terrible rainfall, then the roads are completely wiped out and the mountain communities are isolated.

As you've heard from my colleagues, the funds for the Emergency Relief program under the Disaster Relief Appropriations Act of 2013 are restricted to $100 million per State per incident, unless the funds are being used to repair damage caused by Hurricane Sandy.

If we remove the cap on the Federal Highway Administration Emergency Relief funds, Colorado can get the assistance and relief we need to rebuild. And since this does not authorize new appropriations, is not an earmark, the budget score is zero.

So I really respectfully request that we all come together and vote for this legislation. It's much needed.

And by the way, this is a good example, Mr. Speaker, of how, if Congress really wants to put its mind together to work on something, we can do it in a civil and efficient and speedy way. This is a thought we should keep in mind as the week progresses in front of us.

Mr. Speaker, H.R. 3174 makes funds already appropriated to the Emergency Highway Relief program available for response to the devastating floods in Colorado this summer. Critically, the bill accomplishes this without providing additional budget authority on net, or increasing the deficit over 10 years.

Under our budget rules, discretionary appropriations that the Congress designates as an emergency are not subject to budget limits and do not have to be offset with other spending reductions. To ensure emergency appropriations are only devoted to emergency requirements, our budget rules do not allow emergency funds to be used as an offset for non-emergency purposes. If this were allowed, it would provide a backdoor means of allowing funds for non-emergency purposes to escape budget limits.

This legislation is attempting to make available funding for flooding in Colorado using funds already appropriated and designated as an emergency by Congress. However, this bill is not an appropriations measure. From a budget scorekeeping standpoint the effect of the bill is to decrease emergency discretionary budget authority and increase non-emergency mandatory budget authority. If this bill instead amended the Disaster Relief Appropriations Act of 2013 (P.L. 113-2) and designated the funding for Colorado floods as an emergency, then the purposes of this bill would be accomplished without any scored increase in budget authority. Because there is no effective process for designating mandatory spending as an emergency, the non-emergency mandatory budget authority increase in this bill cannot be offset by the decrease in emergency discretionary budget authority.

In the end, this bill intends to meet new emergency needs making use of existing emergency funds. For that reason, I am going to support this legislation. However, I do not view this as a precedent and will not view a reduction in emergency spending as an appropriate offset for non-emergency funding.