Madam Speaker, I thank the manager of the legislation and chairman of the committee for this important legislation. The Community Services Block Grant Modernization Act is extremely important. As we all know, this bipartisan bill will…
Madam Speaker, I thank the manager of the legislation and chairman of the committee for this important legislation.
The Community Services Block Grant Modernization Act is extremely important. As we all know, this bipartisan bill will bring about an enhanced ability to serve the community.
The CSBG moneys are particularly important not only to rural areas but to urban areas. They are important as they relate to many issues, such as in my community dealing with overcoming disasters. Those dollars are utilized to ensure housing.
I include in the Record an article entitled, ``Black communities are last in line for disaster planning in Texas'' and an article entitled, ``5 years after Hurricane Harvey, many in Houston are still waiting for help.''
[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
Biden 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 sheriff's 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 And, 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
longstanding 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 80-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.''
Madam Speaker, my amendment is extremely important. Very quickly, it deals with accountability and performance improvement. These are the objectives of my amendment.
My amendment also deals with making sure, through a GAO study, that CSBG has performed well; which programmatic activities, services, and other uses of funds were the most effective and had the greatest positive impact; which administrative, organizational, structural, and operational strategies and tactics that were deployed were most successful; how much of the CSBG funds were allocated to States for distribution to and use by community action agencies; and whether these grants retained by each State exceeded the percentage of such funds that were allowed to be retained.
In effect, the GAO would be conducting a performance audit of this program to position it for a fresh start by determining the extent to which these funds reached their intended beneficiaries. Many times, minorities, though it was directed for them, are disadvantaged because of the agency.
Finally, the net result will be transparency and improvement so that others will be served and helped. I thank you for including it in the amendments en bloc.
Madam Speaker, I rise in strong support of H.R. 5129, the ``Community Service Block Grant Modernization Act of 2022.'' I applaud Leadership for bringing H.R. 5129--which has strong bipartisan support--to the Floor for consideration and votes.
For decades, the Community Service Block Grant (CSBG) has fueled a wide range of anti-poverty programs, activities, and services across the country. It has been profoundly beneficial, improving countless lives by helping Americans who are most in need of an assist, enabling them to rise up and access the path to a better quality-of-life.
H.R. 5129 not only provides a long-overdue reauthorization of the program; it also improves the CSBG in many ways, including by adding systems that will enhance the program's transparency, accountability, and evaluations in the future.
Accountability and performance improvement are also the objectives of the Jackson Lee amendment, through additional mechanisms. My amendment would direct the Comptroller General of the GAO to study how the CSBG has performed over the past ten years, focusing on:
which programmatic activities, services, and other uses of funds were the most effective and had the greatest positive impact on individuals and communities that the CSBG was designed to serve;
which administrative, organizational, structural, and operational strategies and tactics that were deployed by states were the most productive, efficient, and successful, such that they should be considered as ``best practices'' for replication by other states going forward;
how much of CSBG funds that were allocated to states for distribution to, and use by, Community Action Agencies and other eligible entities were not fully disbursed by states to those intended recipients; and
whether CSBG funds retained by each state exceeded the percentage of such funds that were allowed to be retained by the state for
administrative and other permissible purposes, the amount that was retained in excess of what was allowed, and to what other uses those funds were applied or to what other account were they transmitted.
In effect, the GAO would be conducting a ``performance audit'' of the CSBG program to position it for a fresh start, citing its strengths and shortcomings, and making recommendations that will help states optimize their efforts in the years ahead.
By determining the extent to which CSBG funds reached their intended beneficiaries and fulfilled their intended purpose, we will see which states have been conscientiously administering the program, which could help calibrate future strategies to structure and monitor the program.
The net result is that the GAO study and report provided by the Jackson Lee amendment will provide transparency and accountability to the program's recent past performance. The findings will enable the program, and the states that administer it, to learn from the past, adjust their programs to maximize results, and revitalize their efforts for each state's next chapter of CSBG performance.
Thank you, Madam Speaker, for bringing this very important bipartisan legislation to the Floor today.
I urge all my colleagues to support the bill, including the Jackson Lee amendment and the entire en bloc amendment.