[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5503-S5504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6026. Mr. SCHUMER (for Mr. Peters) proposed an amendment to the
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; as follows:
Strike all after the enacting clause and insert 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
``(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;
[[Page S5504]]
``(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.
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