[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3875 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 3875
_______________________________________________________________________
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.
Passed the Senate September 28, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 3875
_______________________________________________________________________
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.