117 S3875 IS: Community Disaster Resilience Zones Act of 2022
U.S. Senate
2022-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
117th CONGRESS
2d Session
S. 3875
IN THE SENATE OF THE UNITED STATES
March 17, 2022
Mr. Peters (for himself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To require the President to develop and maintain products that show the risk of natural hazards across the United States, and for other purposes.
1.

Short title
This Act may be cited as the “Community Disaster Resilience Zones Act of 2022”.
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.”.
3.

Natural disaster 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:
“206.

Natural disaster 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 disaster assessment program that develops and maintains products that—
(1)
are available to the public; and
(2)
show the risk of natural hazards across the United States, such as—
(A)
the National Risk Index or a successor product; or
(B)
a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index.
(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 under paragraph (2); and
(B)
subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2).
(2)

Risk ratings
In carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)—
(A)
are derived from the product;
(B)
reflect whether a census tract has been assigned, under the product—
(i)
high levels of individual hazard risk ratings based on an assessment of the intersection of—
(I)
loss to population equivalence;
(II)
buildings value; and
(III)
agriculture value; and
(ii)
high social vulnerability ratings and low community resilience ratings; and
(C)
reflect the principal natural hazard risks identified for the census tract under the product.
(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.
(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)
review the underlying methodology of any product that is a natural disaster hazard risk assessment;
(2)
consider including additional data in any product that is a natural disaster 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)
natural disaster risk assessment insights on climate change and past and future natural hazard risk; and
(E)
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 disaster hazard risk assessment insights
In determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum—
(1)
the Secretary of Homeland Security and 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).
(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).
(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)
meets or exceeds consensus-based codes, specifications, and standards;
(ii)
is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and
(iii)
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.
(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 habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced.
(4)

Flood protection projects
With respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers.”.