[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3875 Enrolled Bill (ENR)]

        S.3875

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two


                                 An Act


 
To require the President to develop and maintain products that show the 
    risk of natural hazards across the United States, 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 ``Community Disaster Resilience Zones 
Act of 2022''.
SEC. 2. FINDINGS.
    Section 101(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121(b)) is amended--
        (1) in paragraph (5), by striking ``and'' at the end;
        (2) in paragraph (6), by adding ``; and'' at the end; and
        (3) by adding at the end the following:
        ``(7) identifying and improving the climate and natural hazard 
    resilience of vulnerable communities.''.
SEC. 3. NATURAL HAZARD RISK ASSESSMENT.
    (a) In General.--Title II of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by 
adding at the end the following:
    ``SEC. 206. NATURAL HAZARD RISK ASSESSMENT.
    ``(a) Definitions.--In this section:
        ``(1) Community disaster resilience zone.--The term `community 
    disaster resilience zone' means a census tract designated by the 
    President under subsection (d)(1).
        ``(2) Eligible entity.--The term `eligible entity' means--
            ``(A) a State;
            ``(B) an Indian tribal government; or
            ``(C) a local government.
    ``(b) Products.--The President shall continue to maintain a natural 
hazard assessment program that develops and maintains products that--
        ``(1) are available to the public; and
        ``(2) define natural hazard risk across the United States.
    ``(c) Features.--The products maintained under subsection (b) 
shall, for lands within States and areas under the jurisdiction of 
Indian tribal governments--
        ``(1) show the risk of natural hazards; and
        ``(2) include ratings and data for--
            ``(A) loss exposure, including population equivalence, 
        buildings, and agriculture;
            ``(B) social vulnerability;
            ``(C) community resilience; and
            ``(D) any other element determined by the President.
    ``(d) Community Disaster Resilience Zones Designation.--
        ``(1) In general.--Not later than 30 days after the date on 
    which the President makes the update and enhancement required under 
    subsection (e)(4), and not less frequently than every 5 years 
    thereafter, the President shall identify and designate community 
    disaster resilience zones, which shall be--
            ``(A) the 50 census tracts assigned the highest individual 
        hazard risk ratings; and
            ``(B) subject to paragraph (3), in each State, not less 
        than 1 percent of census tracts that are assigned high 
        individual risk ratings.
        ``(2) Risk ratings.--In carrying out paragraph (1), the 
    President shall use census tract risk ratings derived from a 
    product maintained under subsection (b) that--
            ``(A) reflect--
                ``(i) high levels of individual hazard risk ratings 
            based on an assessment of the intersection of--

                    ``(I) loss to population equivalence;
                    ``(II) building value; and
                    ``(III) agriculture value;

                ``(ii) high social vulnerability ratings and low 
            community resilience ratings; and
                ``(iii) any other elements determined by the President; 
            and
            ``(B) reflect the principal natural hazard risks identified 
        for the respective census tracts.
        ``(3) Geographic balance.--In identifying and designating the 
    community disaster resilience zones described in paragraph (1)(B)--
            ``(A) for the purpose of achieving geographic balance, when 
        applicable, the President shall consider making designations in 
        coastal, inland, urban, suburban, and rural areas; and
            ``(B) the President shall include census tracts on Tribal 
        lands located within a State.
        ``(4) Duration.--The designation of a community disaster 
    resilience zone under paragraph (1) shall be effective for a period 
    of not less than 5 years.
    ``(e) Review and Update.--Not later than 180 days after the date of 
enactment of the Community Disaster Resilience Zones Act of 2022, and 
not less frequently than every 5 years thereafter, the President 
shall--
        ``(1) with respect to any product that is a natural hazard risk 
    assessment--
            ``(A) review the underlying methodology of the product; and
            ``(B) receive public input on the methodology and data used 
        for the product;
        ``(2) consider including additional data in any product that is 
    a natural hazard risk assessment, such as--
            ``(A) the most recent census tract data;
            ``(B) data from the American Community Survey of the Bureau 
        of the Census, a successor survey, a similar survey, or another 
        data source, including data by census tract on housing 
        characteristics and income;
            ``(C) information relating to development, improvements, 
        and hazard mitigation measures;
            ``(D) data that assesses past and future loss exposure, 
        including analysis on the effects of a changing climate on 
        future loss exposure;
            ``(E) data from the Resilience Analysis and Planning Tool 
        of the Federal Emergency Management Agency; and
            ``(F) other information relevant to prioritizing areas that 
        have--
                ``(i) high risk levels of--

                    ``(I) natural hazard loss exposure, including 
                population equivalence, buildings, infrastructure, and 
                agriculture; and
                    ``(II) social vulnerability; and

                ``(ii) low levels of community resilience;
        ``(3) make publicly available any changes in methodology or 
    data used to inform an update to a product maintained under 
    subsection (b); and
        ``(4) update and enhance the products maintained under 
    subsection (b), as necessary.
    ``(f) Natural Hazard Risk Assessment Insights.--In determining 
additional data to include in products that are natural hazard risk 
assessments under subsection (e)(2), the President shall consult with, 
at a minimum--
        ``(1) the Administrator of the Federal Emergency Management 
    Agency;
        ``(2) the Secretary of Agriculture and the Chief of the Forest 
    Service;
        ``(3) the Secretary of Commerce, the Administrator of the 
    National Oceanic and Atmospheric Administration, the Director of 
    the Bureau of the Census, and the Director of the National 
    Institute of Standards and Technology;
        ``(4) the Secretary of Defense and the Commanding Officer of 
    the United States Army Corps of Engineers;
        ``(5) the Administrator of the Environmental Protection Agency;
        ``(6) the Secretary of the Interior and the Director of the 
    United States Geological Survey;
        ``(7) the Secretary of Housing and Urban Development; and
        ``(8) the Director of the Federal Housing Finance Agency.
    ``(g) Community Disaster Resilience Zone.--With respect to 
financial assistance provided under section 203(i) to perform a 
resilience or mitigation project within, or that primarily benefits, a 
community disaster resilience zone, the President may increase the 
amount of the Federal share described under section 203(h) to not more 
than 90 percent of the total cost of the resilience or mitigation 
project.
    ``(h) Resilience or Mitigation Project Planning Assistance.--
        ``(1) In general.--The President may provide financial, 
    technical, or other assistance under this title to an eligible 
    entity that plans to perform a resilience or mitigation project 
    within, or that primarily benefits, a community disaster resilience 
    zone.
        ``(2) Purpose.--The purpose of assistance provided under 
    paragraph (1) shall be to carry out activities in preparation for a 
    resilience or mitigation project or seek an evaluation and 
    certification under subsection (i)(2) for a resilience or 
    mitigation project before the date on which permanent work of the 
    resilience or mitigation project begins.
        ``(3) Application.--If required by the President, an eligible 
    entity seeking assistance under paragraph (1) shall submit an 
    application in accordance with subsection (i)(1).
        ``(4) Funding.--In providing assistance under paragraph (1), 
    the President may use amounts set aside under section 203(i).
    ``(i) Community Disaster Resilience Zone Project Applications.--
        ``(1) In general.--If required by the President or other 
    Federal law, an eligible entity shall submit to the President an 
    application at such time, in such manner, and containing or 
    accompanied by such information as the President may reasonably 
    require.
        ``(2) Evaluation and certification.--
            ``(A) In general.--Not later than 120 days after the date 
        on which an eligible entity submits an application under 
        paragraph (1), the President shall evaluate the application to 
        determine whether the resilience or mitigation project that the 
        entity plans to perform within, or that primarily benefits, a 
        community disaster resilience zone--
                ``(i) is designed to reduce injuries, loss of life, and 
            damage and destruction of property, such as damage to 
            critical services and facilities; and
                ``(ii) substantially reduces the risk of, or increases 
            resilience to, future damage, hardship, loss, or suffering.
            ``(B) Certification.--If the President determines that an 
        application submitted under paragraph (1) meets the criteria 
        described in subparagraph (A), the President shall certify the 
        proposed resilience or mitigation project.
            ``(C) Effect of certification.--The certification of a 
        proposed resilience or mitigation project under subparagraph 
        (B) shall not be construed to exempt the resilience or 
        mitigation project from the requirements of any other law.
        ``(3) Projects causing displacement.--With respect to a 
    resilience or mitigation project certified under paragraph (2)(B) 
    that involves the displacement of a resident from any occupied 
    housing unit, the entity performing the resilience or mitigation 
    project shall--
            ``(A) provide, at the option of the resident, a suitable 
        and habitable housing unit that is, with respect to the housing 
        unit from which the resident is displaced--
                ``(i) of a comparable size;
                ``(ii) located in the same local community or a 
            community with reduced hazard risk; and
                ``(iii) offered under similar costs, conditions, and 
            terms;
            ``(B) ensure that property acquisitions resulting from the 
        displacement and made in connection with the resilience or 
        mitigation project--
                ``(i) are deed restricted in perpetuity to preclude 
            future property uses not relating to mitigation or 
            resilience; and
                ``(ii) are the result of a voluntary decision by the 
            resident; and
            ``(C) plan for robust public participation in the 
        resilience or mitigation project.''.
    (b) National Risk Index Funding.--Nothing in section 206 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as 
added by subsection (a) of this section, shall be construed to prohibit 
the Administrator of the Federal Emergency Management Agency from using 
amounts available to maintain and update the National Risk Index until 
the earlier of--
        (1) the date on which those amounts are transferred to another 
    source; and
        (2) 3 years after the date of enactment of this Act.
    (c) Applicability.--The amendments made by this Act shall only 
apply with respect to amounts appropriated on or after the date of 
enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.