Mr. Speaker, H.R. 2543 represents a seismic and powerful response to racial discrimination in financial products. Thank you to Chairwoman Waters, and to my colleague who is managing, for the…
Mr. Speaker, H.R. 2543 represents a seismic and powerful response to racial discrimination in financial products. Thank you to Chairwoman Waters, and to my colleague who is managing, for the leadership given.
My amendment is very important. I am pleased that my amendment is included in the en bloc amendment that the Financial Services Committee has today.
It requires the Federal Reserve Board to submit a report to Congress about the prevalence of racial discrimination in lending to victims of a Federally declared disaster. I know it well.
This amendment merits the support of all of my colleagues because no district is exempt from natural disasters. I am reminded of 2017, among others, in my district where it was devastated by Hurricane Harvey over an area of 41,500 square miles, 21 trillion gallons of rainfall, and one-third of Houston underwater.
There was major discrimination against Black and Brown Houstonians who sought loans or home loans or financing to pay for repairs. They faced obstacles, delays, and outcomes that were different than their neighbors.
Mr. Speaker, this endemic discrimination was seen in efforts to gain assistance from the Small Business Administration.
Mr. Speaker, as an outspoken advocate for equity in this country's economy, I rise in support of the Financial Services Racial Equity, Inclusion, and Economic Justice Act.
This bill requires that financial services regulators and companies establish procedures to ensure racial equity and eliminate racial disparities in all aspects of their operations including employment, income, wealth, and access to affordable credit.
In addition to the reforms in H.R. 2543, the bill requires regulators to provide reports to Congress about economic inequality, especially within the labor force, and enact plans to minimize said inequalities.
America's economy has only rarely worked to the advantage of working- class people. Worse still, there has been an endemic and vile trend of implicit and perhaps explicit discrimination against people of color within policies and overall economic policy.
However, unfair monetary policy is not just an anachronism from long ago or a relic from a different era. It is happening now.
Recent analyses have found that algorithms used by lenders often are designed in such a way that they result in black and brown Americans being charged higher interest rates.
This legislation takes a major step toward fixing long-overdue-- disparities and fundamentally changing the financial services industry to make it proactive in fighting economic discrimination.
I am also very pleased that my amendment is included in the En Bloc Amendment that the Financial Services committee is bringing before the House today.
My amendment requires the Federal Reserve Board to submit a report to Congress about the prevalence of racial discrimination in lending to victims of a federally declared disaster.
This amendment merits the support of all of my colleagues because no district is exempt from natural disasters, and with the acceleration of climate change, it is increasingly likely that these events will occur even in areas of the country that previously felt insulated from them.
When disasters occur, our Nation has a moral and legal duty to facilitate their recovery and rebuilding. It is totally unacceptable and abhorrent for racial or ethnic discrimination to be injected into decisions on financial factors impacting remedial action.
However, in some instances, discrimination--whether by intent or effect--has occurred during these moments of greatest need.
For example, in 2017, my district in Houston was one of the many in Texas devastated by Hurricane Harvey. Over an area of 41,500 square miles spanning Texas and Louisiana, the storm dropped nearly 21 trillion gallons of rainfall and damaged 203,000 homes, of which 12,700 were destroyed.
At its peak on September 1, 2017, one third of Houston was underwater, and over 300,000 structures of all types were flooded in southeastern Texas, where extreme rainfall hit many areas that are densely populated.
Hurricane Harvey was the largest housing disaster to strike the U.S. in our Nation's history. When the cleanup began, thousands of Houstonians needed loans to help rebuild their homes and their lives.
But black and brown Houstonians who sought loans or home loan refinancing to pay for repairs faced obstacles, delays, and outcomes that were different from their other neighbors. This endemic discrimination was seen in efforts to gain assistance from the Small Business Administration.
If there was ever a moment when our financial systems need to fully support minority communities, it is after they have been decimated by a natural disaster.
For majority Houstonians who applied and received a $200,000 loan from the Small Business Administration or $25,000 by virtue of a government declaration, the process was streamlined. They could also apply for and receive $40,000 from the SBA to replace or repair personal property--such as clothing, furniture, cars, and appliances-- that was damaged or destroyed in the disaster.
The SBA asks applicants for collateral, such as a first or second mortgage on the damaged real estate, which are common forms of collateral for an SBA disaster loan.
In the case of majority applicants, it was found that the SBA usually would not decline a loan for lack of collateral.
However, for black and brown families, the system worked differently. Financing was difficult to access. Applications for loans from black and brown residents were less likely to be approved than applications from their white counterparts.
My amendment protects black and brown Americans who face the consequences of a debilitating natural disaster. It would guarantee their protection from unfair policies in their most vulnerable moments.
Fighting economic discrimination should be a bipartisan issue. No American deserves to be left behind because of antiquated monetary policy or a federal government that refuses to fight on their behalf.
Mr. Speaker, I ask my colleagues to recognize the discrimination and to fix it by adding the Jackson Lee amendment.
I include in the Record an article titled: ``Black Communities are Last in Line for Disaster Planning in Texas.''
[From the Washington Post, May 12, 2022]
Black Communities Are Last in Line for Disaster Planning in Texas
Houston.--Lawrence Hester worries every time it rains.
During heavy storms, water overflows the dirt drainage ditch
fronting his yard and the bayou at the end of his block--
flooding the street, creeping up his front steps, pooling
beneath the house, and trapping his family inside. ``We are
always underwater here,'' said Hester, 61. And yet, the state
of Texas allocated none of the $1 billion in federal funds it
received to protect communities from future disasters to
neighborhoods in Houston that flood regularly, according to
an investigation by the U.S. Department of Housing and Urban
Development.
HUD has now found the exclusion of those majority Black and
Hispanic urban communities to be discriminatory. The state
``shifted money away from the areas and people that needed it
the most,'' disproportionately benefiting White residents
living in smaller towns, the agency concluded. Houston has
faced seven federally declared disasters in the last seven
years and suffered an estimated $2 billion in damage from
Hurricane Harvey in 2017. That storm devastated Kashmere
Gardens, where Hester has lived his entire life. The
floodwaters from Harvey deposited black mold throughout
Hester's home and left his daughter chronically short of
breath.
The state, which is appealing HUD's findings, denied
discriminating, saying the Texas General Land Office
administered the federal grant program based on HUD approval.
The situation in Texas illustrates the challenge facing the
Eiden administration, which has pledged to focus on racial
equity but is struggling to protect low-income communities of
color from the growing threat of climate change. Even after
HUD's finding of discrimination, the agency said it does not
have the power at this time to suspend the rest of the $4.3
billion in disaster mitigation money awarded to the state
under criteria approved by the Trump administration. ``What
is happening here with these federal dollars going through
the state and not one dime coming to the City of Houston
post-Hurricane Harvey is absolutely crazy, and it cannot be
justified,'' said Houston Mayor Sylvester Turner. ``What do I
say to the people in Kashmere Gardens when these storms keep
coming, and we are not putting in the infrastructure that
they desperately need to mitigate the risk of future
flooding?''
Black and Hispanic communities in northeast Houston,
including Kashmere Gardens, are especially vulnerable to the
more frequent storms and catastrophic flooding expected due
to climate change, according to the Federal Emergency
Management Agency. Many of the residential streets lack curbs
and gutters--common storm drainage infrastructure in
predominantly White neighborhoods in Houston--and rely
instead on open ditches dating back to the 1930s.
``Sometimes we can't get out because the water is so
high,'' said Jackie Spradley, Hester's wife. ``You're
literally trapped until the water starts to subside.'' She
can't get to work. Their 12-year-old daughter can't get to
school. The whoosh of traffic and trains permeates the
triangular neighborhood of modest single-family homes penned
between two highways and two sets of railroad tracks. During
large storms, runoff from impervious highway surfaces flows
onto residential streets.
Piles of trash--old tires, mattresses, furniture, home
insulation--accumulate for weeks in the drainage ditches
along many streets, blocking water from flowing through the
ditches to the bayou. Silt and other debris clog many of the
culverts beneath narrow driveways and footpaths spanning the
ditches. In the summers, standing water breeds mosquitoes.
The city of Houston had hoped to use $95 million in federal
grants to upgrade Kashmere Gardens' storm drainage
infrastructure. The proposed improvements, including
converting some of the ditches to a curb and gutter system,
would have removed the flood risk to nearly 1,400 properties.
But without the money, the city shelved those plans.
Hester's daughter Ashlei was 7 years old in 2017 when
Harvey floodwaters breached their family room, lapping at the
legs of the card table on which the family played dominoes.
Her cough worsened, and doctors prescribed four different
medications for asthma. She was hospitalized in 2018 for more
than a week. But doctors still did not know what was causing
her illness. It wasn't until December 2019, more than two
years after Harvey, when Hester and his wife discovered the
black mold that was making their daughter so sick. A city
inspector recommended that the house be condemned.
``I was so ashamed,'' Hester said. ``We didn't have nowhere
else to go.''
His mother had purchased the home in 1960, paying the
mortgage with wages from her job flipping burgers 16 hours a
day. Hester was born in the house months later. He had stayed
in the house after Hurricane Alicia flooded the home in 1983.
And after Ike in 2008. Even after Harvey, Hester stayed,
hoping to someday pass the three-bedroom ranch-style home
onto his daughter. But Hester, who is on disability for
herniated disks in his back and neck from his years as a
long-haul truck driver, and his wife, who sells insurance,
never had the money to adequately repair the storm-ravaged
roof and mold-covered walls. Hester said the city informed
him after Harvey that he was ineligible for funding to fix
the home because of unpaid property taxes ``It's not just
about the storm drainage,'' Hester said. ``It's about
everything.''
Hester said that the rainbow-hued oily waters he had
splashed in while playing in the drainage ditches as a child
had been polluted with cancer-causing creosote used to treat
wooden railroad ties and utility poles. A 2019 state health
department investigation confirmed elevated cancer rates
among residents in the southern end of Kashmere Gardens,
located near two Superfund sites. Residents fear that
flooding will carry toxic deposits into their yards. Hester's
mother had died of cancer. So had his father. And one of his
brothers. ``Cancer is killing the whole neighborhood,'' said
Hester, who is too afraid to visit the doctor about his own
health problems.
Federal disaster mitigation grants are supposed to improve
the inferior flood infrastructure in lower income
communities. But the HUD investigation found that competition
rules set by the Texas General Land Office unfairly favored
smaller towns with less urgent needs and where residents are
more likely to be White and less likely to be lower income.
The state knowingly adopted scoring criteria that prioritized
lower-density areas and excluded communities that HUD
designated as the most impacted by disasters from half the
grants, HUD said. ``Because the criteria had these
unjustified discriminatory effects, their use failed to
comply with HUD's regulations,'' the agency found.
No other state adopted Texas' method of distributing the
funds, according to HUD's Office of Fair Housing and Equal
Opportunity. The agency concluded that without Texas's
discriminatory criteria, nearly four times as many Black
residents and more than twice as many Hispanic residents
would have benefited from the grants. The General Land Office
said in its April 1 appeal that the state ``does not
discriminate, and the projects it has funded help minority
beneficiaries across Texas.'' The state said more than two-
thirds of residents in communities that received awards are
Black, Hispanic or Asian. The state pointed out that its plan
was approved two years ago and characterized HUD's new
objections as ``politically motivated.''
In addition to Houston and surrounding Harris County, the
General Land Office denied grants to the predominantly Black
and Hispanic cities of Port Arthur, Beaumont and Corpus
Christi as well as Jefferson and Nueces counties--all of
which experienced significant flooding from Harvey, according
to the civil rights complaint. Texas Housers, a nonprofit
focused on housing in low-income communities, and Northeast
Action Collective, a grassroots advocacy group of Houston
residents, filed the complaint with HUD last year. Instead,
funds were steered toward inland, Whiter communities that
were far less severely impacted by hurricanes and used to
fund routine infrastructure, the complaint said. That
includes $17.5 million for a new community center in Caldwell
County that is supposed to double as an evacuation center;
$10.8 million to install a sewage system in the 379-person
town of Iola; $6 million for a new sheriffs department radio
tower and
radios for Gonzales County; and $4.2 million for a 2,000-
foot-long road in Bastrop County to connect a Walmart parking
lot and a Home Depot, justified as an alternate path for
emergency vehicles in case the adjacent freeway is clogged
with hurricane evacuees from the Gulf Coast 161 miles away.
``These mitigation funds are a strategy to undo the
systemic racism of the past, but that's not what we're seeing
Texas interested in at all,'' said John Henneberger, co-
director of Texas Housers. ``This is a test of how serious
HUD and the Biden administration are in enforcing civil
rights.'' HUD's Office of Community Planning and Development,
which oversees disaster mitigation aid, wrote to the Texas
General Land Office in March expressing ``grave concerns''
over the distribution of the first round of grants. ``The
State has not identified a plan to protect communities while
guarding against competition criteria that could disadvantage
minority residents,'' HUD wrote. If a voluntary resolution
cannot be reached, HUD said it could refer the matter to the
Department of Justice for enforcement. But advocates worry
that could come too late for communities like Kashmere
Gardens. While HUD said it cannot stop the state from
awarding the rest of the grants ``due to prior decisions,''
it would begin monitoring how the money is distributed and
warned it could claw back the funds if necessary.
``Texas has a history of sending money to those who are
politically connected,'' said Shannon Van Zandt, a professor
of urban planning at Texas A&M University whose research
focuses on hazard reduction and housing. She noted that
racial disparities occurred with the distribution of disaster
funds after Hurricane Ike in 2008. Civil rights advocates say
HUD has the authority to suspend Texas's ability to spend
federal grant money; it has done so under previous
administrations. But Sara Pratt, former deputy assistant
secretary in HUD's fair housing office who is now
representing Texas Housers as an attorney, said there is
long-standing division among HUD staff over enforcing civil
rights violations when making funding decisions.
``There is deep disagreement internally,'' Pratt said.
``The secretary's job is to resolve disputes like this.'' HUD
Secretary Marcia L. Fudge declined to comment because the
Texas investigation remains open, HUD spokesman Michael Burns
said. ``Her commitment to civil rights and fair housing is
well documented and unwavering, and she is committed to
ensuring that all HUD funds are used in compliance with all
relevant laws and program requirements,'' Burns said. In
response to widespread criticism over how the first $1
billion in Harvey disaster grants was distributed, Texas now
plans to allocate $750 million to Harris County. Houston is
due to receive an additional $9 million out of $488 million
that the state plans to send to the Houston-Galveston region.
City officials point out that the $9 million amounts to less
than one tenth of the cost of its proposed improvements to
Kashmere Gardens.
In Kashmere Gardens on a recent morning after a
thunderstorm inundated streetside drainage ditches,
bulldozers and dump trucks worked to widen and deepen Hunting
Bayou to absorb runoff from future storms. The work is a
small portion of a $2.5 billion flood protection bond that
Harris County passed in 2018. The bulk of the bond money was
directed to wealthier neighborhoods because the county
expected to receive federal disaster funds for poorer ones,
according to county commissioner Rodney Ellis. But without
money to upgrade the ditch system to drain storm water from
neighborhood streets, it's unclear if the bayou expansion
will be effective.
``This is the Texas two-step in Houston. You have to get
the water from the neighborhoods to the bayous. And then you
have to get the water from the bayous to the Gulf of
Mexico,'' said Ellis, who represents the area. Residents,
too, remain skeptical. ``It's a wait and see situation,''
said Dorothy Wanza, another Kashmere Gardens resident whose
street turned into a river during Harvey and flooded her home
with more than a foot of water. The experience left the So-
year-old so traumatized that ``every time it rains, I get the
hell out of dodge.''
She spent the previous night fully dressed, prepared to
evacuate to one of her children's homes. ``The ditches
overflow, and once they are full, the water comes back on
you,'' Wanza said. On the other side of the bayou, Hester
said the city had recently cleaned out part of a ditch lining
his street for the first time he could recall in more than a
decade. Dirt and bricks still block some of the culverts.
``Right up under there, look,'' he said, pointing beneath
the concrete walkway leading from the street to his front
yard. ``It's stopped up on both sides.'' He nodded farther
down the street to another culvert: ``That whole drain hole
was flooded.'' He and his next door neighbor had removed as
many bricks as they could to move the water through. ``If we
don't do things around here, ain't nothing going to get done.
I have to go around here and try to help, and I'm in bad
shape myself.'' Hester limped around the perimeter of his
home and pointed two feet up the siding where Harvey
floodwaters had reached--a reminder of the catastrophe he
says he failed to protect his daughter from.
A nonprofit had removed the mold inside when it fixed up
the house in 2020, installing new cabinets, a new roof and
laminate flooring. But the entryway still slopes. The floor
joists need to be repaired. The porch is lopsided, its wood
rotted. Hester is stooped from years of pain. Yet he remains
intent on doing what he can to make things right. ``It's not
my life I'm worried about. It's my daughter's,'' Hester said.
``I'm half dead.''