[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5163-S5164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            COMMUNITY DISASTER RESILIENCE ZONES ACT OF 2022

  Mr. SCHUMER. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 479, S. 3875.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3875) to require the President to develop and 
     maintain products that show the risk of natural hazards 
     across the United States, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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

[[Page S5164]]

       ``(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.
  Mr. SCHUMER. Mr. President, I ask that the committee-reported 
substitute amendment be withdrawn, the Peters substitute amendment, 
which is at the desk, be considered and agreed to, that the bill, as 
amended, be considered and read a third time and passed, and the motion 
to reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 6026), in the nature of a substitute, was agreed 
to as follows:
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 3875), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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