[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5689 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 5689


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2022

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
 To improve the provision of Federal resources to help build capacity 
and fund risk-reducing, cost-effective mitigation projects for eligible 
 State, local, Tribal, and territorial governments and certain private 
            nonprofit organizations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resilient Assistance for Mitigation 
for Environmentally Resilient Infrastructure and Construction by 
Americans Act'' or the ``Resilient AMERICA Act''.

SEC. 2. PREDISASTER HAZARD MITIGATION.

    Section 203(i) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133) is amended by striking 
``equal to 6 percent'' and inserting ``equal to not more than 15 
percent''.

SEC. 3. NONPROFIT FACILITIES.

    Section 203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133) is amended--
            (1) in subsection (b) by striking ``and local governments'' 
        and inserting ``, local governments, and private nonprofit 
        facilities'';
            (2) in subsection (c) by striking ``or local government'' 
        in each place it appears and inserting ``, local government, or 
        private nonprofit facility'';
            (3) in subsection (d)--
                    (A) in paragraph (1)(A) by striking ``local 
                governments'' and inserting ``local governments and 
                private nonprofit facilities'';
                    (B) in paragraph (2)--
                            (i) by striking ``local governments'' in 
                        each place it appears and inserting ``local 
                        governments or private nonprofit facilities''; 
                        and
                            (ii) in subparagraph (B) by striking 
                        ``local government'' and inserting ``local 
                        government or private nonprofit facility''; and
                    (C) in paragraph (3) by inserting ``or private 
                nonprofit facilities'' after ``any local governments of 
                the State''.
            (4) in subsection (e)--
                    (A) in paragraph (1)(A) by striking ``and local 
                governments'' and inserting ``, local governments, and 
                private nonprofit facilities''; and
                    (B) in paragraph (2) by striking ``or local 
                government'' in each place it appears and inserting ``, 
                local government, or private nonprofit facility'';
            (5) in subsection (f)--
                    (A) in paragraph (2) by inserting ``or private 
                nonprofit facilities located in the State'' after 
                ``local governments of the State''; and
                    (B) in paragraph (3)(A) by inserting ``or private 
                nonprofit facilities located in the State'' after 
                ``local governments of a State''; and
            (6) in subsection (g) by striking ``or local government'' 
        in each place it appears and inserting ``, local government, or 
        private nonprofit facility''.

SEC. 4. BUILDING CODE IMPLEMENTATION AND ENFORCEMENT SET ASIDE.

    (a) In General.--Section 203(f) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Building code implementation and enforcement set-
        aside.--Of the amounts made available under this section for 
        any given year, the Administrator may use not less than 10 
        percent to carry out eligible activities that further the 
        implementation and enforcement of the latest published editions 
        of relevant consensus-based codes, specifications, and 
        standards, including any amendments made by State, local, 
        Tribal, or territorial governments to such codes, 
        specifications, and standards, that incorporate the latest 
        hazard-resistant designs and establish minimum acceptable 
        criteria for the design, construction, and maintenance of 
        facilities and residential structures that may be eligible for 
        assistance under this Act. In any fiscal year in which requests 
        for assistance for such activities do not total at least 10 
        percent of assistance under this section, any remaining funds 
        may be used as additional assistance for the purposes of 
        paragraph (1).''.
    (b) Latest Published Editions.--Section 203(m) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133(m)) is amended by inserting ``, (f)(3),'' after ``subsections 
(e)(1)(B)(iv)''.
    (c) Conforming Amendment.--Section 1234 of the Disaster Recovery 
Reform Act of 2018 (42 U.S.C. 5133 note) is amended by striking 
subsection (d).

SEC. 5. RESILIENT INFRASTRUCTURE.

    (a) Use of Assistance.--Subsection (g) of section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c(g)) (as redesignated by section 2) is amended--
            (1) in paragraph (12)--
                    (A) by inserting ``, wildfire, and ice storm'' 
                after ``windstorm'';
                    (B) by striking ``including replacing'' and 
                inserting the following: ``including--
                    ``(A) replacing'';
                    (C) in subparagraph (A) (as so designated)--
                            (i) by inserting ``, wildfire,'' after 
                        ``extreme wind''; and
                            (ii) by adding ``and'' after the semicolon 
                        at the end; and
                    (D) by adding at the end the following:
                    ``(B) the installation of fire-resistant wires and 
                infrastructure and the undergrounding of wires;'';
            (2) in paragraph (13) by striking ``and''; and
            (3) by striking paragraph (14) and inserting the following:
            ``(14) replacing water systems that have been burned, 
        caused contamination, or are at risk from wildfire impacts with 
        resilient, non-combustible materials;
            ``(15) repairing, replacing, or retrofitting infrastructure 
        damaged by ice storms to be resilient to the impacts of such 
        storms;
            ``(16) retrofitting or hardening electric grid 
        infrastructure to comply with the latest published strength 
        standards or industry best practices for resiliency, including 
        standards and practices relating to the strength of utility 
        poles in high wind areas, regardless of height; and
            ``(17) implementing technologies to improve infrastructure 
        monitoring and distribution for the purpose of reducing risk 
        and avoiding future disaster impacts and, notwithstanding other 
        requirements related to cost-effectiveness, to avoid any 
        unintended consequences under this section and section 203.''.
    (b) Use of Assistance for Earthquake Hazards.--Subsection (h) of 
section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c(h)) (as redesignated by section 2) is 
amended--
            (1) by inserting ``and tsunami'' after ``earthquake'' each 
        place it appears (including in the subsection heading);
            (2) in paragraph (2) by striking ``and'' at the end;
            (3) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(4) planning, design, or construction of vertical 
        evacuation structures in designated and mapped tsunami danger 
        areas or hazard zones.''.

SEC. 6. RESIDENTIAL RETROFIT AND RESILIENCE PILOT PROGRAM.

    (a) Establishment.--The Administrator of the Federal Emergency 
Management Agency shall carry out a residential resilience pilot 
program through the program established under section 203 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133) to make available assistance to State and local governments for 
the purpose of providing grants to individuals for residential 
resilience retrofits.
    (b) Amount of Funds.--The Administrator may use not more than 10 
percent of the assistance made available to applicants on an annual 
basis under section 203 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133) to provide assistance under 
this section.
    (c) Timeline.--The Administrator shall establish the demonstration 
program under this section not later than 1 year after the date of 
enactment of this Act and the program shall terminate on September 30, 
2025.
    (d) Report.--Not later than 4 years after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report that includes--
            (1) a summary of the grant awards and projects carried out 
        under this section;
            (2) a detailed compilation of results achieved by the grant 
        awards and projects carried out under this section, including 
        the number of homes receiving retrofits, the types and average 
        costs of retrofits, demographic information for participants in 
        the program, and estimate avoidance in disaster impacts and 
        Federal disaster payments as a result of the grant investments; 
        and
            (3) any identified implementation challenges and 
        recommendations for improvements to the pilot program.
    (e) Residential Resilient Retrofits Defined.--
            (1) In general.--In this section, the term ``residential 
        resilient retrofits'' means a project that--
                    (A) is designed to increase the resilience of an 
                existing home or residence using mitigation measures 
                which the administrator determines reduce damage and 
                impacts from natural disaster hazards and risks that 
                are most likely to occur in the area where the home is 
                located; and
                    (B) to the extent applicable, are consistent with 
                the 2 most recently published editions of relevant 
                consensus-based codes, specifications, and standards, 
                including any amendments made by State, local, tribal, 
                or territorial governments to such codes, 
                specifications, and standards that incorporate the 
                latest hazard-resistant designs and establish criteria 
                for the design, construction, and maintenance of 
                residential structures and facilities that may be 
                eligible for assistance under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.) for the purpose of protecting the health, 
                safety, and general welfare of the buildings' users 
                against disasters.
            (2) Inclusion.--In this section, the term ``residential 
        resilient retrofits'' includes--
                    (A) elevations of homes and elevations of utilities 
                within and around structures to mitigate damages;
                    (B) floodproofing measures;
                    (C) the construction of tornado safe rooms;
                    (D) seismic retrofits;
                    (E) wildfire retrofit and mitigation measures;
                    (F) wind retrofits, including roof replacements, 
                hurricane straps, and tie-downs; and
                    (G) any other measures that meet the requirements 
                of paragraph (1), as determined by the Administrator.

SEC. 7. BUY AMERICA FOR NONEMERGENCY PROJECTS.

    (a) In General.--For the purposes of this rulemaking, to ensure 
that the United States has the productive capability to respond quickly 
to emergencies and natural disasters with a strong domestic industrial 
base being in the public interest, the Administrator of the Federal 
Emergency Management Agency shall require, as a condition of any 
financial assistance provided by the Agency on a nonemergency basis 
after promulgation of regulations pursuant to subsection (c) for a 
construction project with a cost of at least $1,000,000, that the steel 
and iron used in the project be produced in the United States.
    (b) Waiver.--
            (1) In general.--The Administrator may provide a waiver of 
        the requirements in subsection (a) if the Administrator finds--
                    (A) that the application of such subsection would 
                be inconsistent with the public interest, including 
                causing unreasonable project delays;
                    (B) that such steel and iron are not produced in 
                the United States in sufficient and reasonably 
                available quantities and of a satisfactory quality; or
                    (C) that inclusion of domestic material will 
                increase the cost of the overall project contract by 
                more than 25 percent.
            (2) Public input.--If the Administrator receives a request 
        for a waiver under this subsection, the Administrator shall 
        make available to the public, on an informal basis, a copy of 
        the request and information available to the Administrator 
        concerning the request, and shall allow for informal public 
        input on the request for at least 15 days prior to making a 
        finding based on the request.
            (3) Publication of request.--The Administrator shall make 
        the request and accompanying information available by 
        electronic means, including on the official public website of 
        the Federal Emergency Management Agency.
    (c) Rulemaking.--Not later than 18 months after the date of 
enactment of this Act, the President, acting through the Administrator 
of the Federal Emergency Management Agency, shall conduct and complete 
a rulemaking to establish what considerations shall be used by the 
Administrator to assess whether a waiver request made pursuant to 
subsection (b)(1)(A) is in the public interest. Such criteria shall 
include both a calculation considering domestically produced steel and 
iron and a calculation with non-domestically produced steel and iron 
for construction projects which require a Benefit-Cost Analysis in 
order to qualify for financial assistance.
    (d) Adjustment.--The amount in subsection (a) shall be adjusted 
annually to reflect changes in the Consumer Price Index for All Urban 
Consumers published by the Department of Labor.

SEC. 8. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC 
              ASSISTANCE.

    (a) In General.--Title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by 
adding at the end the following:

``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC 
              ASSISTANCE.

    ``(a) In General.--For purposes of assistance under this title, the 
President shall provide financial assistance at the applicable Federal 
share to a State or local government, electric cooperative, or 
nonprofit organization as reimbursement for qualifying interest.
    ``(b) Definitions.--In this section, the following definitions 
apply:
            ``(1) Qualifying interest.--The term `qualifying interest' 
        means, with respect to a qualifying loan, the lesser of--
                    ``(A) the actual interest paid to a lender for such 
                qualifying loan; and
                    ``(B) the interest that would have been paid to a 
                lender if such qualifying loan had an interest rate 
                equal to the prime rate most recently published on the 
                Federal Reserve Statistical Release on selected 
                interest rates.
            ``(2) Qualifying loan.--The term `qualifying loan' means a 
        loan--
                    ``(A) obtained by a State or local government, 
                electric cooperative, or nonprofit organization; and
                    ``(B) of which not less than 90 percent of the 
                proceeds are used to fund activities for which such 
                State or local government, electric cooperative, or 
                nonprofit organization receives assistance under this 
                Act after the date on which such loan is disbursed.''.
    (b) Rule of Applicability.--Any qualifying interest (as such term 
is defined in section 431 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, as added by this section) incurred by a State 
or local government, electric cooperative, or nonprofit organization in 
the 5 years preceding the date of enactment of this Act shall be 
treated as eligible for financial assistance for purposes of such 
section 431.

SEC. 9. FUNDING OF A FEDERALLY AUTHORIZED WATER RESOURCES DEVELOPMENT 
              PROJECT.

    Section 203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133) is further amended by adding at the end 
the following:
    ``(n) Funding of a Federally Authorized Water Resources Development 
Project.--
            ``(1) In general.--Notwithstanding section 312 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5155) and its implementing regulations, assistance 
        provided under this section may be used to fund activities 
        authorized for construction within the scope of a federally 
        authorized water resources development project of the Army 
        Corps of Engineers if such activities are also eligible 
        activities under this section.
            ``(2) Federal funding.--All Federal funding provided 
        pursuant to this section shall be applied toward the Federal 
        share of a federally authorized water resources development 
        project described in paragraph (1).
            ``(3) Non-federal match.--All non-Federal matching funds 
        required pursuant to this section shall be applied toward the 
        non-Federal share of a federally authorized water resources 
        development project described in paragraph (1).
            ``(4) Total federal share.--Funding provided pursuant to 
        this section may not exceed the total Federal share for a 
        federally authorized water resources development project 
        described in paragraph (1).
            ``(5) Rule of construction.--Nothing in this subsection may 
        be construed to affect--
                    ``(A) the cost-share requirement of a hazard 
                mitigation measure under this section;
                    ``(B) the eligibility criteria for a hazard 
                mitigation measure under this section;
                    ``(C) the cost share requirements of a federally 
                authorized water resources development project 
                described in paragraph (1); and
                    ``(D) the responsibilities of a non-Federal 
                interest with respect to such project, including those 
                related to the provision of lands, easements, rights-
                of-way, dredge material disposal areas, and necessary 
                relocations.
            ``(6) Limitation.--If a federally authorized water 
        resources development project of the Army Corps of Engineers is 
        constructed with funding provided under this subsection, no 
        further Federal funding shall be provided for construction of 
        such a project.''.

SEC. 10. GAO REPORT TO CONGRESS ON CHALLENGES UNDER PUBLIC ASSISTANCE 
              ALTERNATIVE PROCEDURES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the challenges to States and Territories of the 
United States in obtaining assistance under section 428 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5189f).
    (b) Contents.--In conducting the study described in subsection (a), 
the Comptroller General shall study the challenges for assistance 
described in subsection (a) faced by the following:
            (1) Rural areas, as such term is defined in section 423 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5189a).
            (2) Small impoverished communities, as such term is defined 
        in section 203 of such Act.
            (3) Other communities, areas, or individuals that the 
        Comptroller General determines pertinent.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to Congress 
a report describing the results of the study required under subsection 
(a).

SEC. 11. APPLICABILITY.

    The amendments made by sections 2, 4(a), 8, and 9, and the 
provisions under section 6, shall only apply to amounts appropriated on 
or after the date of enactment of this Act.

            Passed the House of Representatives April 5, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.