Theresa Opeka
Carolina Journal
As the recovery process continues in western North Carolina after Hurricane Helene impacted the area in late September, US Sen. Ted Budd, R- NC, has introduced two bills that he said will cut government regulation and help provide relief to those affected: the Disaster Assistance Fairness Act and the Flexible Compliance for Emergencies and Natural Disasters (FinCEN) Act.
“The scope of the devastation in Western North Carolina is unlike anything I have ever seen before,” Budd said in a press release. “Folks from the mountains are resilient and tough, but they need their government to work quickly for them in their time of need. These two pieces of legislation will cut through red tape and get needed aid out the door. I will continue to work with my colleagues to get Congress to pass robust assistance that meets the moment.”
The bills would also assist anyone who may have been affected by Hurricane Milton in early October.
The Disaster Assistance Fairness Act would require the President to direct the Federal Emergency Management Agency (FEMA) to remove debris from real estate owned by homeowners’ associations and condominiums when a state or local government determines the debris and wreckage constitute a threat to life, public health, or safety, or the economic recovery of the community. The bill would also clarify that FEMA should provide homeowners with financial assistance for the repair of “essential common elements,” such as roofs, heating and cooling equipment, stairwells, and plumbing or electricity.
Budd said that the legislation would make it clear that debris removal from private roads is in the public interest and, therefore, eligible for reimbursement under the Stafford Act.
In June 2023, Congressman David Rouzer, R, NC-07, introduced the House companion bill, H.R. 3777, which has 12 bipartisan cosponsors.
“North Carolinians know too well natural disasters do not discriminate among neighborhoods or housing,” Rouzer said at the time. “Yet under FEMA’s current eligibility rules, condos, co-ops, and homeowner associations don’t have the same access to FEMA Individual Assistance as single-family homeowners. This makes it difficult for many families to recover and rebuild their homes and lives.”
The FinCEN Act would help North Carolina businesses currently facing operational challenges and have limited resources in the aftermath of Hurricanes Helene and Milton.
The US Treasury’s Financial Crimes Enforcement Network (FinCEN) requires businesses to submit Beneficial Ownership Information (BOI) reports to combat illicit financial activity.
However, natural disasters like Hurricane Helene and Hurricane Milton have significantly disrupted the ability of businesses in affected areas to meet these deadlines. The FinCEN Act would address these challenges by providing an extension for businesses affected by federally declared disasters. Specifically, businesses in disaster-affected areas will not be required to submit BOI reports until Jan. 1, 2026. The Treasury Secretary will determine eligibility based on location in a disaster-affected area, as declared under the Stafford Disaster Act.
Budd and US Sen. Thom Tillis have been pushing the Biden Administration to act quickly on disaster relief aid for western North Carolina.
Late last month, both senators joined several colleagues in sending a letter to leadership urging a vote on a federal disaster aid package.
The senators called for the Biden administration to waive regulations and provide temporary housing to the victims of Hurricane Helene. They are also pressing to replenish the Small Business Administration’s Disaster Relief Fund.
On Dec. 10, leaders of the North Carolina General Assembly traveled to Washington, DC, to meet with Tillis and Budd amid ongoing calls for Congress to provide immediate assistance to North Carolinians affected by Hurricane Helene’s devastation.
North Carolina’s top officials, Senate President Pro Tempore Phil Berger, R-Rockingham, and Rules Chairman Sen. Bill Rabon, R-Brunswick, and House of Representatives Speaker Tim Moore, R-Cleveland, and Speaker-elect Destin Hall, R-Caldwell, visited the nation’s capital, joined by other state officials representing western North Carolina, including Rep. Dudley Greene, R-Avery, and Sen. Ralph Hise, R-Mitchell.
On the state level, the newly formed House Select Committee on Helene Recovery plans to continue its committee work in the 2025-2026 biennium.
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