[Congressional Record Volume 168, Number 188 (Monday, December 5, 2022)]
[House]
[Pages H8742-H8744]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMUNITY DISASTER RESILIENCE ZONES ACT OF 2022
Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3875
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
[[Page H8743]]
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentleman from Illinois
(Mr. Rodney Davis) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.
General Leave
Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on S. 3875.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Community Disaster Resilience Zones Act, led by
Congresswoman Sharice Davids in the House, will enable the Federal
Emergency Management Agency to identify the communities most in need of
mitigation projects and to help them access the necessary funding and
support to complete such projects.
Climate change and development in high-risk zones has created a
never-ending stream of disaster impacts that cause billions of dollars
in damage around the country, which taxpayer
[[Page H8744]]
dollars must cover. This legislation will help protect communities and
reduce the financial burden on taxpayers by targeting mitigation
investments to communities that have the fewest resources to invest in
resilience and are expected to incur the greatest amount of disaster
damage.
By directing the Federal Emergency Management Agency to publicly
designate the most in-need and at-risk census tracts as Community
Disaster Resilience Zones, stakeholders can effectively target
mitigation investments to these communities and make them more
resilient. This legislation also authorizes Federal cost share
flexibility for Building Resilient Infrastructure and Communities grant
project applicants in designated Community Disaster Resilience Zones.
I ask my colleagues to support the Community Disaster Resilience
Zones Act, and I reserve the balance of my time.
{time} 1515
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I rise in support of S. 3875, the Community Disaster
Resilience Zones Act of 2022, which amends the Stafford Act to include
a section on natural disaster risk assessment.
This bill's intent is to make the public more aware of the inherent
risks of disasters that may affect their communities.
It directs the President, or FEMA, to maintain a publicly available
risk assessment program that shows what hazards pose the most threat to
communities. It also directs the President, or FEMA, to provide
financial or technical assistance to communities in designated
community disaster resilience zones.
Establishing these zones will help communities, States, and the
private sector better plan investments in mitigation.
Mr. Speaker, I urge support of the bill, and I reserve the balance of
my time.
Ms. NORTON. Mr. Speaker, I include in the Record a letter of support
for S. 3875 signed by 32 organizations.
December 5, 2022.
Hon. Peter DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Hon. Sam Graves,
Ranking Member, Committee on Transportation and
Infrastructure, House of Representatives, Washington, DC.
Dear Chairman DeFazio and Ranking Member Graves: We, the
undersigned organizations, write to express support for S.
3875, the Community Disaster Resilience Zones (CDRZ) Act of
2022, which the Senate passed by unanimous consent and is
nearly identical to the bill (H.R. 7242) your committee
passed. Collectively, our organizations represent a wide
variety of constituencies, including business, conservation,
emergency managers, housing, infrastructure, local
government, public safety, science, and taxpayer
organizations. We commend the CDRZ Act bill sponsors,
Representatives Sharice Davids and Garret Graves and Senators
Gary Peters and Rob Portman, for their bipartisan, bicameral
leadership and thank them for introducing the CDRZ Act bills.
This legislation is a critical, foundational step toward
prioritizing and directing a whole-of-nation focus on the
most vulnerable communities facing the risk of potentially
life-threatening and economically devastating climate and
natural disaster events.
The CDRZ Act would amend the Stafford Act to establish a
statutory structure to identify and designate CDRZ
communities that are the most in need and most at risk to
natural hazards, such as hurricanes, flooding, earthquakes,
and wildfires, to increase public and private sector
investments in housing, infrastructure, and community-wide
resilience. Building smart, modern, resilient infrastructure,
including nature-based infrastructure, has long been among
our top priorities. We support the CDRZ Act, which would:
Amend the Stafford Act by adding a requirement that FEMA
maintain and update products and tools that define natural
hazard risk across the U.S. and use that dataset to identify
and designate CDRZ communities that are the most in need and
most at risk to natural hazards;
Authorize the President to provide CDRZ-designated
communities with assistance and funding for pre-disaster
mitigation planning and projects to increase resilience
against the identified hazards; and
Help prioritize and attract additional public and private
sector funding (including public-private partnerships) for
resilience projects in or primarily benefitting CDRZ-
designated communities.
Thank you for your leadership. We look forward to
continuing to work with you and Congress to ensure our
communities most threatened by climate and natural disaster
risk and most economically vulnerable have the support,
resources, and opportunities they need to improve their
resilience.
Sincerely,
US Resiliency Council (USRC), U.S. Chamber of Commerce,
Taxpayers for Common Sense (TCS), SmarterSafer Coalition,
SBP, Resilience Innovation Hub, Reinsurance Association of
America (RAA), R Street Institute, National Wildlife
Federation (NWF), National Special Districts Coalition
(NSDC), National Institute of Building Sciences (NIBS),
National Housing Conference (NHC), National Emergency
Management Association (NEMA), National Association of Mutual
Insurance Companies (NAMIC), National Association of Counties
(NACo), Interstate Council on Water Policy (ICWP).
International Code Council (ICC), International Association
of Emergency Managers (IAEM), Insurance Institute for
Business & Home Safety (IBHS), Ecological Restoration
Business Association (ERBA), The Council of Insurance Agents
& Brokers (CIAB), Central United States Earthquake Consortium
(CUSEC), Center for Climate and Energy Solutions (C2ES),
BuildStrong Coalition, Big City Emergency Managers (BCEM),
American Society of Landscape Architects (ASLA), American
Society of Civil Engineers (ASCE), American Property Casualty
Insurance Association (APCIA), American Planning Association
(APA), American Institute of Architects (AIA), American
Council of Engineerng Companies (ACEC), After the Fire:
Recover, Rebuild. Reimagine. (ATF3R).
Ms. NORTON. Mr. Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, may I inquire as to the
time remaining?
The SPEAKER pro tempore. The gentleman from Illinois has 19 minutes
remaining.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield myself the balance
of my time for closing.
My colleague, the chair of the subcommittee I have been blessed to
serve on as ranking member, the Committee on Transportation and
Infrastructure, I thank her for working with us in a bipartisan way to
move this bill forward.
Disaster resiliency matters in a district like mine that encompasses
the Illinois and Mississippi River Basin. We see disasters on a regular
basis. In fact, when I got to this institution 10 years ago, one of the
first votes I had to make was on funding Superstorm Sandy relief. I
remember saying the first time that I had a chance to talk about
disaster assistance, as a brand new freshman, my comments were if the
Federal Government should do something right, it is helping communities
recover from disasters that they had no control over.
This is another good bipartisan step to making sure that happens in
communities all across this Nation, from Montana to Washington, D.C.,
to Illinois and elsewhere.
Mr. Speaker, I urge support for this fine piece of legislation, and I
yield back the balance of my time.
Ms. NORTON. Mr. Speaker, I yield myself the balance of my time for
closing.
This bill will also help my district, which was built on the rivers
and where disaster resilience is most needed.
In closing, we know that investments in mitigation measures save up
to $11 for every $1 spent. This legislation will save taxpayer dollars
by investing in mitigation and protecting vulnerable communities.
I thank my colleague, Sharice Davids, for her work on this issue, and
I support this targeted, data-driven approach. I urge my colleagues to
do the same, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of Columbia (Ms. Norton) that the House
suspend the rules and pass the bill, S. 3875.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________