[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3875 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 479
117th CONGRESS
  2d Session
                                S. 3875

                          [Report No. 117-141]

To require the President to develop and maintain products that show the 
    risk of natural hazards across the United States, and for other 
                               purposes.


_______________________________________________________________________


                   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

                           September 7, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Community Disaster 
Resilience Zones Act of 2022''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Section 101(b) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (5), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (6), by adding ``; and'' at the 
        end; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(7) identifying and improving the climate and 
        natural hazard resilience of vulnerable 
        communities.''.</DELETED>

<DELETED>SEC. 3. NATURAL DISASTER RISK ASSESSMENT.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 206. NATURAL DISASTER RISK ASSESSMENT.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Community disaster resilience zone.--The 
        term `community disaster resilience zone' means a census tract 
        designated by the President under subsection (d)(1).</DELETED>
        <DELETED>    ``(2) Eligible entity.--The term `eligible entity' 
        means--</DELETED>
                <DELETED>    ``(A) a State;</DELETED>
                <DELETED>    ``(B) an Indian tribal government; 
                or</DELETED>
                <DELETED>    ``(C) a local government.</DELETED>
<DELETED>    ``(b) Products.--The President shall continue to maintain 
a natural disaster assessment program that develops and maintains 
products that--</DELETED>
        <DELETED>    ``(1) are available to the public; and</DELETED>
        <DELETED>    ``(2) show the risk of natural hazards across the 
        United States, such as--</DELETED>
                <DELETED>    ``(A) the National Risk Index or a 
                successor product; or</DELETED>
                <DELETED>    ``(B) a natural disaster hazard risk 
                assessment and mapping tool that is complementary to 
                the National Risk Index.</DELETED>
<DELETED>    ``(c) Features.--The products maintained under subsection 
(b) shall, for lands within States and areas under the jurisdiction of 
Indian tribal governments--</DELETED>
        <DELETED>    ``(1) show the risk of natural hazards; 
        and</DELETED>
        <DELETED>    ``(2) include ratings and data for--</DELETED>
                <DELETED>    ``(A) loss exposure, including population 
                equivalence, buildings, and agriculture;</DELETED>
                <DELETED>    ``(B) social vulnerability;</DELETED>
                <DELETED>    ``(C) community resilience; and</DELETED>
                <DELETED>    ``(D) any other element determined by the 
                President.</DELETED>
<DELETED>    ``(d) Community Disaster Resilience Zones Designation.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the 50 census tracts assigned the 
                highest individual hazard risk ratings under paragraph 
                (2); and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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)--
        </DELETED>
                <DELETED>    ``(A) are derived from the 
                product;</DELETED>
                <DELETED>    ``(B) reflect whether a census tract has 
                been assigned, under the product--</DELETED>
                        <DELETED>    ``(i) high levels of individual 
                        hazard risk ratings based on an assessment of 
                        the intersection of--</DELETED>
                                <DELETED>    ``(I) loss to population 
                                equivalence;</DELETED>
                                <DELETED>    ``(II) buildings value; 
                                and</DELETED>
                                <DELETED>    ``(III) agriculture value; 
                                and</DELETED>
                        <DELETED>    ``(ii) high social vulnerability 
                        ratings and low community resilience ratings; 
                        and</DELETED>
                <DELETED>    ``(C) reflect the principal natural hazard 
                risks identified for the census tract under the 
                product.</DELETED>
        <DELETED>    ``(3) Geographic balance.--In identifying and 
        designating the community disaster resilience zones described 
        in paragraph (1)(B)--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the President shall include census 
                tracts on Tribal lands located within a 
                State.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) review the underlying methodology of any 
        product that is a natural disaster hazard risk 
        assessment;</DELETED>
        <DELETED>    ``(2) consider including additional data in any 
        product that is a natural disaster hazard risk assessment, such 
        as--</DELETED>
                <DELETED>    ``(A) the most recent census tract 
                data;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) information relating to development, 
                improvements, and hazard mitigation measures;</DELETED>
                <DELETED>    ``(D) natural disaster risk assessment 
                insights on climate change and past and future natural 
                hazard risk; and</DELETED>
                <DELETED>    ``(E) other information relevant to 
                prioritizing areas that have--</DELETED>
                        <DELETED>    ``(i) high risk levels of--
                        </DELETED>
                                <DELETED>    ``(I) natural hazard loss 
                                exposure, including population 
                                equivalence, buildings, infrastructure, 
                                and agriculture; and</DELETED>
                                <DELETED>    ``(II) social 
                                vulnerability; and</DELETED>
                        <DELETED>    ``(ii) low levels of community 
                        resilience;</DELETED>
        <DELETED>    ``(3) make publicly available any changes in 
        methodology or data used to inform an update to a product 
        maintained under subsection (b); and</DELETED>
        <DELETED>    ``(4) update and enhance the products maintained 
        under subsection (b), as necessary.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the Secretary of Homeland Security and the 
        Administrator of the Federal Emergency Management 
        Agency;</DELETED>
        <DELETED>    ``(2) the Secretary of Agriculture and the Chief 
        of the Forest Service;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) the Secretary of Defense and the Commanding 
        Officer of the United States Army Corps of Engineers;</DELETED>
        <DELETED>    ``(5) the Administrator of the Environmental 
        Protection Agency;</DELETED>
        <DELETED>    ``(6) the Secretary of the Interior and the 
        Director of the United States Geological Survey;</DELETED>
        <DELETED>    ``(7) the Secretary of Housing and Urban 
        Development; and</DELETED>
        <DELETED>    ``(8) the Director of the Federal Housing Finance 
        Agency.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(h) Resilience or Mitigation Project Planning 
Assistance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(i) Community Disaster Resilience Zone Project 
Applications.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Evaluation and certification.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) meets or exceeds consensus-
                        based codes, specifications, and 
                        standards;</DELETED>
                        <DELETED>    ``(ii) is designed to reduce 
                        injuries, loss of life, and damage and 
                        destruction of property, such as damage to 
                        critical services and facilities; and</DELETED>
                        <DELETED>    ``(iii) substantially reduces the 
                        risk of, or increases resilience to, future 
                        damage, hardship, loss, or suffering.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

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) meets or exceeds hazard-resistant, 
                        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.
                    ``(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.
                                                       Calendar No. 479

117th CONGRESS

  2d Session

                                S. 3875

                          [Report No. 117-141]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 7, 2022

                       Reported with an amendment