[House Report 117-277]
[From the U.S. Government Publishing Office]


117th Congress   }                                    {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                    {      117-277

======================================================================



 
   RESILIENT ASSISTANCE FOR MITIGATION FOR ENVIRONMENTALLY RESILIENT 
            INFRASTRUCTURE AND CONSTRUCTION BY AMERICANS ACT

                                _______
                                

 March 24, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5689]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5689) to improve the provision of 
Federal resources to help build capacity and fund risk-
reducing, cost-effective mitigation projects for eligible 
State, local, Tribal, and territorial governments and certain 
private nonprofit organizations, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     6
Background and Need for Legislation..............................     6
Hearings.........................................................     8
Legislative History and Consideration............................     8
Committee Votes..................................................     9
Committee Oversight Findings.....................................    11
New Budget Authority and Tax Expenditures........................    11
Congressional Budget Office Cost Estimate........................    12
Performance Goals and Objectives.................................    12
Duplication of Federal Programs..................................    12
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    12
Federal Mandates Statement.......................................    12
Preemption Clarification.........................................    12
Advisory Committee Statement.....................................    13
Applicability to Legislative Branch..............................    13
Section-by-Section Analysis of the Legislation...................    13
Changes in Existing Law Made by the Bill, as Reported............    14

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Resilient Assistance for Mitigation 
for Environmentally Resilient Infrastructure and Construction by 
Americans Act'' or the ``Resilient AMERICA Act''.

SEC. 2. UNSPENT FUNDS.

  (a) Redistribution of Unclaimed Amounts.--Section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c) is amended--
          (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
          (2) by inserting after subsection (e) the following:
  ``(f) Redistribution of Unclaimed or Unobligated Amounts.--The 
President may--
          ``(1) withdraw any portion of financial assistance made 
        available to a State or Indian tribal government under 
        subsection (a) for which the State or Indian tribal government 
        has failed to submit an application upon the expiration of the 
        application submission time limit or that remains unobligated 
        for a major disaster or event eligible for assistance pursuant 
        to section 420 upon the expiration of 84 months or the closeout 
        of the grant, whichever is sooner; and
          ``(2) transfer the financial assistance withdrawn under 
        paragraph (1) to any other amounts otherwise available to be 
        awarded under section 203.''.
  (b) Applicability.--The amendment made by subsection (a) shall apply 
to any major disaster declared by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act on or after 
November 23, 1988.

SEC. 3. PREDISASTER HAZARD MITIGATION.

  Section 203(i) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133) is amended by striking ``6 
percent'' and inserting ``15 percent''.

SEC. 4. NONPROFIT FACILITIES.

  Section 203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133) is amended--
          (1) in subsection (b) by striking ``and local governments'' 
        and inserting ``, local governments, and private nonprofit 
        facilities'';
          (2) in subsection (c) by striking ``or local government'' in 
        each place it appears and inserting ``, local government, or 
        private nonprofit facility'';
          (3) in subsection (d)--
                  (A) in paragraph (1)(A) by striking ``local 
                governments'' and inserting ``local governments and 
                private nonprofit facilities'';
                  (B) in paragraph (2)--
                          (i) by striking ``local governments'' in each 
                        place it appears and inserting ``local 
                        governments or private nonprofit facilities''; 
                        and
                          (ii) in subparagraph (B) by striking ``local 
                        government'' and inserting ``local government 
                        or private nonprofit facility''; and
                  (C) in paragraph (3) by inserting ``or private 
                nonprofit facilities'' after ``any local governments of 
                the State''.
          (4) in subsection (e)--
                  (A) in paragraph (1)(A) by striking ``and local 
                governments'' and inserting ``, local governments, and 
                private nonprofit facilities''; and
                  (B) in paragraph (2) by striking ``or local 
                government'' in each place it appears and inserting ``, 
                local government, or private nonprofit facility'';
          (5) in subsection (f)--
                  (A) in paragraph (2) by inserting ``or private 
                nonprofit facilities located in the State'' after 
                ``local governments of the State''; and
                  (B) in paragraph (3)(A) by inserting ``or private 
                nonprofit facilities located in the State'' after 
                ``local governments of a State''; and
          (6) in subsection (g) by striking ``or local government'' in 
        each place it appears and inserting ``, local government, or 
        private nonprofit facility''.

SEC. 5. BUILDING CODE IMPLEMENTATION AND ENFORCEMENT SET ASIDE.

  (a) In General.--Section 203(f) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended--
          (1) by redesignating paragraph (3) as paragraph (4); and
          (2) by inserting after paragraph (2) the following:
          ``(3) Building code implementation and enforcement set-
        aside.--Of the amounts made available under this section for 
        any given year, the Administrator may use not less than 10 
        percent to carry out eligible activities that further the 
        implementation and enforcement of the latest published editions 
        of relevant consensus-based codes, specifications, and 
        standards, including any amendments made by State, local, 
        Tribal, or territorial governments to such codes, 
        specifications, and standards, that incorporate the latest 
        hazard-resistant designs and establish minimum acceptable 
        criteria for the design, construction, and maintenance of 
        facilities and residential structures that may be eligible for 
        assistance under this Act. In any fiscal year in which requests 
        for assistance for such activities do not total at least 10 
        percent of assistance under this section, any remaining funds 
        may be used as additional assistance for the purposes of 
        paragraph (1).''.
  (b) Latest Published Editions.--Section 203(m) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133(m)) is amended by inserting ``, (f)(3),'' after ``subsections 
(e)(1)(B)(iv)''.
  (c) Conforming Amendment.--Section 1234 of the Disaster Recovery 
Reform Act of 2018 (42 U.S.C. 5133 note) is amended by striking 
subsection (d).

SEC. 6. RESILIENT INFRASTRUCTURE.

  (a) Use of Assistance.--Subsection (g) of section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c(g)) (as redesignated by section 2) is amended--
          (1) in paragraph (12)--
                  (A) by inserting ``, wildfire, and ice storm'' after 
                ``windstorm'';
                  (B) by striking ``including replacing'' and inserting 
                the following: ``including--
                  ``(A) replacing'';
                  (C) in subparagraph (A) (as so designated)--
                          (i) by inserting ``, wildfire,'' after 
                        ``extreme wind''; and
                          (ii) by adding ``and'' after the semicolon at 
                        the end; and
                  (D) by adding at the end the following:
                  ``(B) the installation of fire-resistant wires and 
                infrastructure and the undergrounding of wires;'';
          (2) in paragraph (13) by striking ``and''; and
          (3) by striking paragraph (14) and inserting the following:
          ``(14) replacing water systems that have been burned, caused 
        contamination, or are at risk from wildfire impacts with 
        resilient, non-combustible materials;
          ``(15) repairing, replacing, or retrofitting infrastructure 
        damaged by ice storms to be resilient to the impacts of such 
        storms;
          ``(16) retrofitting or hardening electric grid infrastructure 
        to comply with the latest published strength standards or 
        industry best practices for resiliency, including standards and 
        practices relating to the strength of utility poles in high 
        wind areas, regardless of height; and
          ``(17) implementing technologies to improve infrastructure 
        monitoring and distribution for the purpose of reducing risk 
        and avoiding future disaster impacts and, notwithstanding other 
        requirements related to cost-effectiveness, to avoid any 
        unintended consequences under this section and section 203.''.
  (b) Use of Assistance for Earthquake Hazards.--Subsection (h) of 
section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c(h)) (as redesignated by section 2) is 
amended--
          (1) by inserting ``and tsunami'' after ``earthquake'' each 
        place it appears (including in the subsection heading) ;
          (2) in paragraph (2) by striking ``and'' at the end;
          (3) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
          (4) by adding at the end the following:
          ``(4) planning, design, or construction of vertical 
        evacuation structures in designated and mapped tsunami danger 
        areas or hazard zones.''.

SEC. 7. RESIDENTIAL RETROFIT AND RESILIENCE PILOT PROGRAM.

  (a) Establishment.--The Administrator of the Federal Emergency 
Management Agency shall carry out a residential resilience pilot 
program through the program established under section 203 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133) to make available assistance to State and local governments for 
the purpose of providing grants to individuals for residential 
resilience retrofits.
  (b) Amount of Funds.--The Administrator may use not more than 10 
percent of the assistance made available to applicants on an annual 
basis under section 203 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5133) to provide assistance under 
this section.
  (c) Timeline.--The Administrator shall establish the demonstration 
program under this section not later than 1 year after the date of 
enactment of this Act and the program shall terminate on September 30, 
2025.
  (d) Report.--Not later than 4 years after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report that includes--
          (1) a summary of the grant awards and projects carried out 
        under this section;
          (2) a detailed compilation of results achieved by the grant 
        awards and projects carried out under this section, including 
        the number of homes receiving retrofits, the types and average 
        costs of retrofits, demographic information for participants in 
        the program, and estimate avoidance in disaster impacts and 
        Federal disaster payments as a result of the grant investments; 
        and
          (3) any identified implementation challenges and 
        recommendations for improvements to the pilot program.
  (e) Residential Resilient Retrofits Defined.--
          (1) In general.--In this section, the term ``residential 
        resilient retrofits'' means a project that--
                  (A) is designed to increase the resilience of an 
                existing home or residence using mitigation measures 
                which the administrator determines reduce damage and 
                impacts from natural disaster hazards and risks that 
                are most likely to occur in the area where the home is 
                located; and
                  (B) to the extent applicable, are consistent with the 
                2 most recently published editions of relevant 
                consensus-based codes, specifications, and standards, 
                including any amendments made by State, local, tribal, 
                or territorial governments to such codes, 
                specifications, and standards that incorporate the 
                latest hazard-resistant designs and establish criteria 
                for the design, construction, and maintenance of 
                residential structures and facilities that may be 
                eligible for assistance under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.) for the purpose of protecting the health, 
                safety, and general welfare of the buildings' users 
                against disasters.
          (2) Inclusion.--In this section, the term ``residential 
        resilient retrofits'' includes--
                  (A) elevations of homes and elevations of utilities 
                within and around structures to mitigate damages;
                  (B) floodproofing measures;
                  (C) the construction of tornado safe rooms;
                  (D) seismic retrofits;
                  (E) wildfire retrofit and mitigation measures;
                  (F) wind retrofits, including roof replacements, 
                hurricane straps, and tie-downs; and
                  (G) any other measures that meet the requirements of 
                paragraph (1), as determined by the Administrator.

SEC. 8. BUY AMERICA FOR NONEMERGENCY PROJECTS.

  (a) In General.--For the purposes of this rulemaking, to ensure that 
the United States has the productive capability to respond quickly to 
emergencies and natural disasters with a strong domestic industrial 
base being in the public interest, the Administrator of the Federal 
Emergency Management Agency shall require, as a condition of any 
financial assistance provided by the Agency on a nonemergency basis 
after promulgation of regulations pursuant to subsection (c) for a 
construction project with a cost of at least $1,000,000, that the steel 
and iron used in the project be produced in the United States.
  (b) Waiver.--
          (1) In general.--The Administrator may provide a waiver of 
        the requirements in subsection (a) if the Administrator finds--
                  (A) that the application of such subsection would be 
                inconsistent with the public interest, including 
                causing unreasonable project delays;
                  (B) that such steel and iron are not produced in the 
                United States in sufficient and reasonably available 
                quantities and of a satisfactory quality; or
                  (C) that inclusion of domestic material will increase 
                the cost of the overall project contract by more than 
                25 percent.
          (2) Public input.--If the Administrator receives a request 
        for a waiver under this subsection, the Administrator shall 
        make available to the public, on an informal basis, a copy of 
        the request and information available to the Administrator 
        concerning the request, and shall allow for informal public 
        input on the request for at least 15 days prior to making a 
        finding based on the request.
          (3) Publication of request.--The Administrator shall make the 
        request and accompanying information available by electronic 
        means, including on the official public website of the Federal 
        Emergency Management Agency.
  (c) Rulemaking.--Not later than 18 months after the date of enactment 
of this Act, the President, acting through the Administrator of the 
Federal Emergency Management Agency, shall conduct and complete a 
rulemaking to establish what considerations shall be used by the 
Administrator to assess whether a waiver request made pursuant to 
subsection (b)(1)(A) is in the public interest. Such criteria shall 
include both a calculation considering domestically produced steel and 
iron and a calculation with non-domestically produced steel and iron 
for construction projects which require a Benefit-Cost Analysis in 
order to qualify for financial assistance.
  (d) Adjustment.--The amount in subsection (a) shall be adjusted 
annually to reflect changes in the Consumer Price Index for All Urban 
Consumers published by the Department of Labor.

SEC. 9. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC 
                    ASSISTANCE.

  (a) In General.--Title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by 
adding at the end the following:

``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC 
                    ASSISTANCE.

  ``(a) In General.--For purposes of assistance under this title, the 
President shall provide financial assistance at the applicable Federal 
share to a State or local government, electric cooperative, or 
nonprofit organization as reimbursement for qualifying interest.
  ``(b) Definitions.--In this section, the following definitions apply:
          ``(1) Qualifying interest.--The term `qualifying interest' 
        means, with respect to a qualifying loan, the lesser of--
                  ``(A) the actual interest paid to a lender for such 
                qualifying loan; and
                  ``(B) the interest that would have been paid to a 
                lender if such qualifying loan had an interest rate 
                equal to the prime rate most recently published on the 
                Federal Reserve Statistical Release on selected 
                interest rates.
          ``(2) Qualifying loan.--The term `qualifying loan' means a 
        loan--
                  ``(A) obtained by a State or local government, 
                electric cooperative, or nonprofit organization; and
                  ``(B) of which not less than 90 percent of the 
                proceeds are used to fund activities for which such 
                State or local government, electric cooperative, or 
                nonprofit organization receives assistance under this 
                Act after the date on which such loan is disbursed.''.
  (b) Rule of Applicability.--Any qualifying interest (as such term is 
defined in section 431 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, as added by this section) incurred by a State 
or local government, electric cooperative, or nonprofit organization in 
the 5 years preceding the date of enactment of this Act shall be 
treated as eligible for financial assistance for purposes of such 
section 431.

SEC. 10. FUNDING OF A FEDERALLY AUTHORIZED WATER RESOURCES DEVELOPMENT 
                    PROJECT.

  Section 203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133) is further amended by adding at the end 
the following:
  ``(n) Funding of a Federally Authorized Water Resources Development 
Project.--
          ``(1) In general.--Notwithstanding section 312 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5155) and its implementing regulations, assistance 
        provided under this section may be used to fund activities 
        authorized for construction within the scope of a federally 
        authorized water resources development project of the Army 
        Corps of Engineers if such activities are also eligible 
        activities under this section.
          ``(2) Federal funding.--All Federal funding provided pursuant 
        to this section shall be applied toward the Federal share of a 
        federally authorized water resources development project 
        described in paragraph (1).
          ``(3) Non-federal match.--All non-Federal matching funds 
        required pursuant to this section shall be applied toward the 
        non-Federal share of a federally authorized water resources 
        development project described in paragraph (1).
          ``(4) Total federal share.--Funding provided pursuant to this 
        section may not exceed the total Federal share for a federally 
        authorized water resources development project described in 
        paragraph (1).
          ``(5) Rule of construction.--Nothing in this subsection may 
        be construed to affect--
                  ``(A) the cost-share requirement of a hazard 
                mitigation measure under this section;
                  ``(B) the eligibility criteria for a hazard 
                mitigation measure under this section;
                  ``(C) the cost share requirements of a federally 
                authorized water resources development project 
                described in paragraph (1); and
                  ``(D) the responsibilities of a non-Federal interest 
                with respect to such project, including those related 
                to the provision of lands, easements, rights-of-way, 
                dredge material disposal areas, and necessary 
                relocations.
          ``(6) Limitation.--If a federally authorized water resources 
        development project of the Army Corps of Engineers is 
        constructed with funding provided under this subsection, no 
        further Federal funding shall be provided for construction of 
        such a project.''.

SEC. 11. GAO REPORT TO CONGRESS ON CHALLENGES UNDER PUBLIC ASSISTANCE 
                    ALTERNATIVE PROCEDURES.

  (a) In General.--The Comptroller General of the United States shall 
conduct a study on the challenges to States and Territories of the 
United States in obtaining assistance under section 428 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5189f).
  (b) Contents.--In conducting the study described in subsection (a), 
the Comptroller General shall study the challenges for assistance 
described in subsection (a) faced by the following:
          (1) Rural areas, as such term is defined in section 423 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5189a).
          (2) Small impoverished communities, as such term is defined 
        in section 203 of such Act.
          (3) Other communities, areas, or individuals that the 
        Comptroller General determines pertinent.
  (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to Congress 
a report describing the results of the study required under subsection 
(a).

                         Purpose of Legislation

    The purpose of H.R. 5689, as amended, is to help build 
capacity and fund risk-reducing, cost-effective mitigation 
projects for eligible state, local, tribal, and territorial 
governments, and certain private nonprofit organizations.

                  Background and Need for Legislation

    On a bipartisan basis and over the 116th and 117th 
Congresses, the Committee has received testimony from federal, 
state, local, tribal, and territorial officials regarding the 
need for--and return on investment from--increased investment 
in mitigation-focused activities.\1\ This legislation reflects 
recommendations made by these witnesses and builds upon reforms 
enacted as part of the Disaster Recovery Reform Act (DRRA, Div. 
D of P.L. 115-254).
---------------------------------------------------------------------------
    \1\See Subcommittee on Economic Development, Public Buildings, and 
Emergency Management Hearing titled, ``Building Smarter: The Benefits 
of Investing in Resilience and Mitigation,'' March 18, 2021 (117th 
Congress); Subcommittee on Economic Development, Public Buildings, and 
Emergency Management Hearing titled, ``An Assessment of Federal Efforts 
from Recent Disasters,'' October 22, 2019 (116th Congress); and 
Subcommittee on Economic Development, Public Buildings, and Emergency 
Management Hearing titled, ``Disaster Preparedness: DRRA Implementation 
and FEMA Readiness,'' May 22, 2019 (116th Congress).
---------------------------------------------------------------------------
    While DRRA provides a more consistent source of funds for 
the Federal Emergency Management Agency's (FEMA) Pre-disaster 
Mitigation (PDM) program and allows for additional projects to 
receive federal assistance, the outstanding need for pre-
disaster mitigation projects still surpasses current 
authorities and funding.\2\ Strengthening mitigation practices 
is critical to reducing the future costs of disasters for the 
taxpayer; studies have shown for every $1 spent in mitigation, 
between $4 and $8 is saved in avoided disaster recovery 
costs.\3\ Providing additional resources and solutions to help 
communities mitigate against disasters will reduce costs and 
save lives.
---------------------------------------------------------------------------
    \2\See Congressional Research Service, ``FEMA Pre-Disaster 
Mitigation: The Building Resilient Communities (BRIC) Program,'' 
September 2021, available at https://crsreports.congress.gov/product/
pdf/IN/IN11515.
    \3\See Congressional Budget Office, ``Potential Cost Savings from 
the Pre-Disaster Mitigation Program,'' September 2007; University of 
Pennsylvania, Wharton School Risk Center, ``Economic Effectiveness of 
Implementing a Statewide Building Code: The Case of Florida,'' May 
2016; National Institute of Building Sciences (NIBS), ``Natural Hazard 
Mitigation Saves: 2017 Interim Report Summary of Findings,'' available 
at https://www.nibs.org/page/ms2_dwnload.
---------------------------------------------------------------------------
    Investing in mitigation projects and activities has a 
significant and measurable return on investment in reducing 
recovery costs following hazard events. To reduce the rising 
costs associated with disaster response and recovery, 
additional federal funding streams dedicated to pre-disaster 
mitigation are necessary.\4\ H.R. 5689, as amended, would make 
several amendments to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (Stafford Act, P.L. 93-288, as 
amended) to expand FEMA's capacity to conduct mitigation and 
resilience activity.
---------------------------------------------------------------------------
    \4\See National Institute of Building Sciences, ``Natural Hazard 
Mitigation Saves,'' December 2019; available at https://www.nibs.org/
projects/natural-hazard-mitigation-saves-2019-report.
---------------------------------------------------------------------------
    H.R. 5689, as amended, mandates that expiring and unspent 
Hazard Mitigation Grant Program (HMGP) funds, which would 
traditionally be returned to the Disaster Relief Fund (DRF), 
instead be reinvested into future mitigation and resilience 
projects by re-designating them for the nationally competitive 
PDM, also known as FEMA's Building Resilient Infrastructure and 
Communities (BRIC) program (Stafford Act, Sec. 203). This 
provision is not intended to permit clawback of HMGP funds that 
have not been expended within 84 months due to delays in FEMA's 
application review process or a lengthy environmental and 
historic preservation process.
    H.R. 5689, as amended, increases the amount of mitigation 
funding available to states through the PDM program and makes 
non-profits eligible recipients of these funds. DRRA 
established a formula to deliberately fund FEMA's PDM program, 
ensuring federal resources to bolster resilience and mitigation 
ahead of disaster. Pre-disaster mitigation and resilience 
investments drive down insured losses and federal disaster 
response costs.\5\ This bill more than doubles the funding 
stream from the 6 percent established in DRRA to 15 percent, 
establishing parity between pre-PDM and post-HMGP disaster 
mitigation programs administered by FEMA.
---------------------------------------------------------------------------
    \5\See University of Pennsylvania, Wharton School Risk Center, 
``The Role of Natural Disaster Insurance in Recovery and Risk 
Reduction,'' May 2019; available at https://
riskcenter.wharton.upenn.edu/lab-notes/the-role-of-natural-disaster-
insurance-in-recovery-and-risk-reduction/.
---------------------------------------------------------------------------
    H.R. 5689, as amended, extends eligibility for PDM to 
include private non-profits (PNPs), aligning PDM with Public 
Assistance eligibility for PNPs. PNPs are key disaster recovery 
partners. Making PNPs eligible for mitigation funds will reduce 
disaster impact to PNP facilities and boost resilience in the 
communities they serve.
    H.R. 5689, as amended, also establishes a 10 percent set 
aside of PDM assistance (Stafford Act Sec. 203) to fund 
implementation and enforcement of the latest consensus-based 
building codes and standards. The language recognizes that the 
latest two editions of such building codes allow flexibility to 
ensure states and locals can modify such codes to their 
specific hazards. Eligible activities include training of code-
enforcement officials.
    Finally, H.R. 5689, as amended, creates a pilot program to 
fund resilience projects at private homes. It establishes a set 
aside of up to 10 percent of PDM assistance (Stafford Act, Sec. 
203) to fund residential resilience retrofit block grants to 
states, tribes, and territories. This pilot program will create 
a federal grant program that allows homeowners to proactively 
implement mitigation projects.

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearings were used to develop or 
consider H.R. 5689:
    On March 18, 2021, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing titled ``Building Smarter: The Benefits of Investing in 
Resilience and Mitigation.'' The Subcommittee received 
testimony from Mr. Russell ``Russ'' Strickland, Executive 
Director, Maryland Emergency Management Agency, State of 
Maryland, testifying on behalf of the National Emergency 
Management Association; Mr. Roy E. Wright, President and Chief 
Executive Officer (CEO), Insurance Institute for Business and 
Home Safety; Ms. Velma Smith, Senior Government Relations 
Officer, Flood Prepared Communities Initiative, Pew Charitable 
Trusts; Mr. Ben Harper, Head of Corporate Sustainability, 
Zurich North America Insurance Company; and Mr. John ``Chuck'' 
Fowke, Chairman, National Association of Home Builders. This 
hearing examined the current and future capacities in emergency 
management, mitigation and resilience, insurance, and 
construction.
    On June 23, 2021, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management held a hearing 
titled ``FEMA's Priorities for FY22 and Beyond: Coordinating 
Mission, Vision, and Budget.'' The Subcommittee received 
testimony from Hon. Deanne Criswell, Administrator, FEMA. This 
hearing provided Members an opportunity to examine the 
President's FY 2022 budget requests for programs within FEMA.

                 Legislative History and Consideration

    H.R. 5689 was introduced in the House on October 22, 2021, 
by Mr. DeFazio, Mr. Graves of Missouri, Ms. Titus, and Mr. 
Webster of Florida and referred to the Committee on 
Transportation and Infrastructure. Within the Committee, H.R. 
5689 was referred to the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management.
    The Subcommittee on Economic Development, Public Buildings, 
and Emergency Management was discharged from further 
consideration of H.R. 5689 on October 27, 2021.
    The Committee considered H.R. 5689 on October 27, 2021 and 
ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by a record vote of 63 
yeas and 2 nays (Roll Call Vote No. 79).
    The following amendments were offered:
    An amendment offered by Mr. DeFazio (#1); was AGREED TO by 
voice vote.
    At the end of the bill, add a new section entitled ``Sec. 
9. Buy America for Nonemergency Projects.''
    An amendment offered by Mr. Perry (#2); was NOT AGREED TO 
by a record vote of 10 yeas and 51 nays (Roll Call Vote No. 
77).
    Page 3, strike line 6 and all that follows through the end 
of the bill.
    An amendment offered by Mr. Graves of Louisiana (#3); was 
AGREED TO by voice vote.
    At the end of the bill, add a new section entitled ``Sec. 
__. Reimbursement of Interest Payments Related to Public 
Assistance.''
    An amendment offered by Mr. Graves of Louisiana (#4); was 
AGREED TO by voice vote.
    At the end of the bill, add a new section entitled ``Sec. 
__. Funding of a Federally Authorized Water Resources 
Development Project.''
    An amendment offered by Mr. Perry (#5); was NOT AGREED TO 
by a record vote of 16 yeas and 49 nays (Roll Call Vote No. 
78).
    Strike section 7 of the bill.
    An amendment offered by Mr. Garamendi (#6); was WITHDRAWN.
    At the end of the bill, add a new section entitled ``Sec. 
__. Period of Performance.''
    An amendment offered by Mr. Garamendi (#7); was AGREED TO 
by voice vote.
    At the end of the bill, add a new section entitled ``Sec. 
__. GAO Report to Congress on Challenges Under Public 
Assistance Alternative Procedures.''

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    An amendment offered by Mr. Perry (#2); was NOT AGREED TO 
by a record vote of 10 yeas and 51 nays (Roll Call Vote No. 
77). The vote was as follows:
    Vote: 77--Yea 10, Nay 51
    On: Amendment 2 offered by Mr. Perry

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio.....................................          Nay   Mr. Graves of MO..................          Nay
Ms. Norton......................................          Nay   Mr. Young.........................  ............
Ms. Johnson of TX...............................          Nay   Mr. Crawford......................          Yea
Mr. Larsen of WA................................          Nay   Mr. Gibbs.........................          Yea
Mrs. Napolitano.................................          Nay   Mr. Webster.......................          Yea
Mr. Cohen.......................................          Nay   Mr. Massie........................          Yea
Mr. Sires.......................................  ............  Mr. Perry.........................          Yea
Mr. Garamendi...................................          Nay   Mr. Rodney Davis of IL............          Nay
Mr. Johnson of GA...............................          Nay   Mr. Katko.........................          Nay
Mr. Carson......................................          Nay   Mr. Babin.........................          Yea
Ms. Titus.......................................          Nay   Mr. Graves of LA..................  ............
Mr. Maloney of NY...............................          Nay   Mr. Rouzer........................          Yea
Mr. Huffman.....................................          Nay   Mr. Bost..........................          Nay
Ms. Brownley....................................          Nay   Mr. Weber of TX...................          Yea
Ms. Wilson of FL................................          Nay   Mr. LaMalfa.......................          Nay
Mr. Payne.......................................          Nay   Mr. Westerman.....................          Nay
Mr. Lowenthal...................................          Nay   Mr. Mast..........................  ............
Mr. DeSaulnier..................................          Nay   Mr. Gallagher.....................          Nay
Mr. Lynch.......................................          Nay   Mr. Fitzpatrick...................          Nay
Mr. Carbajal....................................          Nay   Miss Gonzalez-Colon...............  ............
Mr. Brown.......................................          Nay   Mr. Balderson.....................          Nay
Mr. Malinowski..................................  ............  Mr. Stauber.......................          Nay
Mr. Stanton.....................................          Nay   Mr. Burchett......................          Nay
Mr. Allred......................................          Nay   Mr. Johnson of SD.................          Nay
Ms. Davids of KS................................          Nay   Mr. Van Drew......................          Nay
Mr. Garcia of IL................................          Nay   Mr. Guest.........................          Yea
Mr. Delgado.....................................          Nay   Mr. Nehls.........................          Yea
Mr. Pappas......................................          Nay   Ms. Mace..........................  ............
Mr. Lamb........................................          Nay   Ms. Malliotakis...................          Nay
Mr. Moulton.....................................          Nay   Ms. Van Duyne.....................  ............
Mr. Auchincloss.................................          Nay   Mr. Gimenez.......................          Nay
Ms. Bourdeaux...................................          Nay   Mrs. Steel........................          Nay
Mr. Kahele......................................          Nay
Ms. Strickland..................................          Nay
Ms. Williams of GA..............................          Nay
Ms. Newman......................................          Nay
Mr. Carter......................................          Nay
----------------------------------------------------------------------------------------------------------------

    An amendment offered by Mr. Perry (#5); was NOT AGREED TO 
by a record vote of 16 yeas and 49 nays (Roll Call Vote No. 
78). The vote was as follows:
    Vote: 78--Yea 16, Nay 40
    On: Amendment #5 Offered by Mr. Perry

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio.....................................          Nay   Mr. Graves of MO..................          Nay
Ms. Norton......................................          Nay   Mr. Young.........................  ............
Ms. Johnson of TX...............................          Nay   Mr. Crawford......................          Yea
Mr. Larsen of WA................................          Nay   Mr. Gibbs.........................          Yea
Mrs. Napolitano.................................          Nay   Mr. Webster.......................          Nay
Mr. Cohen.......................................          Nay   Mr. Massie........................          Yea
Mr. Sires.......................................  ............  Mr. Perry.........................          Yea
Mr. Garamendi...................................          Nay   Mr. Rodney Davis of IL............          Nay
Mr. Johnson of GA...............................          Nay   Mr. Katko.........................          Nay
Mr. Carson......................................          Nay   Mr. Babin.........................          Yea
Ms. Titus.......................................          Nay   Mr. Graves of LA..................          Nay
Mr. Maloney of NY...............................          Nay   Mr. Rouzer........................          Yea
Mr. Huffman.....................................          Nay   Mr. Bost..........................          Nay
Ms. Brownley....................................          Nay   Mr. Weber of TX...................          Yea
Ms. Wilson of FL................................  ............  Mr. LaMalfa.......................          Yea
Mr. Payne.......................................          Nay   Mr. Westerman.....................          Yea
Mr. Lowenthal...................................          Nay   Mr. Mast..........................          Yea
Mr. DeSaulnier..................................          Nay   Mr. Gallagher.....................          Nay
Mr. Lynch.......................................          Nay   Mr. Fitzpatrick...................          Nay
Mr. Carbajal....................................          Nay   Miss Gonzalez-Colon...............          Nay
Mr. Brown.......................................          Nay   Mr. Balderson.....................          Yea
Mr. Malinowski..................................          Nay   Mr. Stauber.......................          Nay
Mr. Stanton.....................................          Nay   Mr. Burchett......................          Yea
Mr. Allred......................................          Nay   Mr. Johnson of SD.................          Yea
Ms. Davids of KS................................          Nay   Mr. Van Drew......................          Nay
Mr. Garcia of IL................................          Nay   Mr. Guest.........................          Yea
Mr. Delgado.....................................          Nay   Mr. Nehls.........................          Yea
Mr. Pappas......................................          Nay   Ms. Mace..........................  ............
Mr. Lamb........................................          Nay   Ms. Malliotakis...................          Nay
Mr. Moulton.....................................          Nay   Ms. Van Duyne.....................  ............
Mr. Auchincloss.................................          Nay   Mr. Gimenez.......................          Nay
Ms. Bourdeaux...................................          Nay   Mrs. Steel........................          Yea
Mr. Kahele......................................          Nay
Ms. Strickland..................................          Nay
Ms. Williams of GA..............................          Nay
Ms. Newman......................................          Nay
Mr. Carter......................................          Nay
----------------------------------------------------------------------------------------------------------------

    On ordering to be favorably reported to the House of 
Representatives, as amended, by a record vote of 63 yeas and 2 
nays (Roll Call Vote No. 79). The vote was as follows:
    Vote: 79--Yea 63, Nay 2
    On: H.R. 5689 to be reported to the House, favorably, as 
amended.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio.....................................          Yea   Mr. Graves of MO..................          Yea
Ms. Norton......................................          Yea   Mr. Young.........................  ............
Ms. Johnson of TX...............................          Yea   Mr. Crawford......................          Yea
Mr. Larsen of WA................................          Yea   Mr. Gibbs.........................          Yea
Mrs. Napolitano.................................          Yea   Mr. Webster.......................          Yea
Mr. Cohen.......................................          Yea   Mr. Massie........................          Nay
Mr. Sires.......................................  ............  Mr. Perry.........................          Nay
Mr. Garamendi...................................          Yea   Mr. Rodney Davis of IL............          Yea
Mr. Johnson of GA...............................          Yea   Mr. Katko.........................          Yea
Mr. Carson......................................          Yea   Mr. Babin.........................          Yea
Ms. Titus.......................................          Yea   Mr. Graves of LA..................          Yea
Mr. Maloney of NY...............................          Yea   Mr. Rouzer........................          Yea
Mr. Huffman.....................................          Yea   Mr. Bost..........................          Yea
Ms. Brownley....................................          Yea   Mr. Weber of TX...................          Yea
Ms. Wilson of FL................................          Yea   Mr. LaMalfa.......................          Yea
Mr. Payne.......................................          Yea   Mr. Westerman.....................          Yea
Mr. Lowenthal...................................          Yea   Mr. Mast..........................          Yea
Mr. DeSaulnier..................................          Yea   Mr. Gallagher.....................          Yea
Mr. Lynch.......................................          Yea   Mr. Fitzpatrick...................          Yea
Mr. Carbajal....................................          Yea   Miss Gonzalez-Colon...............          Yea
Mr. Brown.......................................          Yea   Mr. Balderson.....................          Yea
Mr. Malinowski..................................          Yea   Mr. Stauber.......................          Yea
Mr. Stanton.....................................          Yea   Mr. Burchett......................          Yea
Mr. Allred......................................          Yea   Mr. Johnson of SD.................          Yea
Ms. Davids of KS................................          Yea   Mr. Van Drew......................          Yea
Mr. Garcia of IL................................          Yea   Mr. Guest.........................          Yea
Mr. Delgado.....................................          Yea   Mr. Nehls.........................          Yea
Mr. Pappas......................................          Yea   Ms. Mace..........................  ............
Mr. Lamb........................................          Yea   Ms. Malliotakis...................          Yea
Mr. Moulton.....................................          Yea   Ms. Van Duyne.....................  ............
Mr. Auchincloss.................................          Yea   Mr. Gimenez.......................          Yea
Ms. Bourdeaux...................................          Yea   Mrs. Steel........................          Yea
Mr. Kahele......................................          Yea
Ms. Strickland..................................          Yea
Ms. Williams of GA..............................          Yea
Ms. Newman......................................          Yea
Mr. Carter......................................          Yea
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
provide federal resources to help build capacity and fund risk-
reducing, cost-effective mitigation projects for eligible 
State, local, Tribal, territorial governments, and certain 
nonprofit organizations.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 5689 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 5689, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this measure may be cited as the 
``Resilient Assistance for Mitigation for Environmentally 
Resilient Infrastructure and Construction by Americans Act'' or 
the ``Resilient AMERICA Act''.

Sec. 2. Unspent funds

    Hazard Mitigation Grant Program (HMGP, Stafford Act, Sec. 
404) funds are provided to states, tribes, and territories that 
request them as part of their major disaster declarations for 
post disaster mitigation projects. At the close of the 84-month 
period of performance, expiring and unspent HMGP funds are 
returned to the Disaster Relief Fund (DRF). This section 
ensures that these expiring and unspent funds will still be 
invested in mitigation and resilience projects by designating 
them instead to the set-aside in the DRF for the nationally 
competitive Pre-Disaster Mitigation (PDM) program (Stafford 
Act, Sec. 203).

Sec. 3. Predisaster hazard mitigation

    The Disaster Recovery Reform Act (DRRA, Div. D of P.L. 115-
254) established a formula to deliberately fund FEMA's PDM 
program. This section more than doubles the funding stream from 
the 6 percent established in DRRA to 15 percent, establishing 
parity between pre- (PDM) and post- (HMGP) disaster mitigation 
programs administered by FEMA.

Sec. 4. Nonprofit facilities

    This section extends eligibility for the PDM program to 
include private non-profits (PNPs), aligning PDM with Public 
Assistance eligibility for PNPs.

Sec. 5. Building code implementation and enforcement set aside

    This section establishes a 10 percent set aside of PDM 
assistance (Stafford Act, Sec. 203) to fund implementation and 
enforcement of the latest consensus-based building codes and 
standards. In cases where applications for assistance do not 
meet the set aside amount, funds are able to be put toward 
other PDM assistance.

Sec. 6. Resilient infrastructure

    This section expands eligibility of certain projects under 
the post-disaster HMGP to enhance resilience of utilities to 
risks from extreme wildfire, wind, tsunami, and ice events.

Sec. 7. Residential retrofit and resilience pilot program

    This section establishes a set aside of up to 10 percent of 
PDM assistance to fund residential resilience retrofit block 
grants to states, tribes, and territories.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT




           *       *       *       *       *       *       *
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

           *       *       *       *       *       *       *


SEC. 203. PREDISASTER HAZARD MITIGATION.

  (a) Definition of Small Impoverished Community.--In this 
section, the term ``small impoverished community'' means a 
community of 3,000 or fewer individuals that is economically 
disadvantaged, as determined by the State in which the 
community is located and based on criteria established by the 
President.
  (b) Establishment of Program.--The President may establish a 
program to provide technical and financial assistance to States 
[and local governments], local governments, and private 
nonprofit facilities to assist in the implementation of 
predisaster hazard mitigation measures that are cost-effective 
and are designed to reduce injuries, loss of life, and damage 
and destruction of property, including damage to critical 
services and facilities under the jurisdiction of the States or 
local governments.
  (c) Approval by President.--If the President determines that 
a State [or local government], local government, or private 
nonprofit facility has identified natural disaster hazards in 
areas under its jurisdiction and has demonstrated the ability 
to form effective public-private natural disaster hazard 
mitigation partnerships, the President, using amounts in the 
National Public Infrastructure Predisaster Mitigation Fund 
established under subsection (i) (referred to in this section 
as the ``Fund''), may provide technical and financial 
assistance to the State [or local government], local 
government, or private nonprofit facility to be used in 
accordance with subsection (e).
  (d) State Recommendations.--
          (1) In general.--
                  (A) Recommendations.--The Governor of each 
                State may recommend to the President not fewer 
                than five [local governments] local governments 
                and private nonprofit facilities to receive 
                assistance under this section.
                  (B) Deadline for submission.--The 
                recommendations under subparagraph (A) shall be 
                submitted to the President not later than 
                October 1, 2001, and each October 1st 
                thereafter or such later date in the year as 
                the President may establish.
                  (C) Criteria.--In making recommendations 
                under subparagraph (A), a Governor shall 
                consider the criteria specified in subsection 
                (g).
          (2) Use.--
                  (A) In general.--Except as provided in 
                subparagraph (B), in providing assistance to 
                [local governments] local governments or 
                private nonprofit facilities under this 
                section, the President shall select from [local 
                governments] local governments or private 
                nonprofit facilities recommended by the 
                Governors under this subsection.
                  (B) Extraordinary circumstances.--In 
                providing assistance to [local governments] 
                local governments or private nonprofit 
                facilities under this section, the President 
                may select a [local government] local 
                government or private nonprofit facility that 
                has not been recommended by a Governor under 
                this subsection if the President determines 
                that extraordinary circumstances justify the 
                selection and that making the selection will 
                further the purpose of this section.
          (3) Effect of failure to nominate.--If a Governor of 
        a State fails to submit recommendations under this 
        subsection in a timely manner, the President may 
        select, subject to the criteria specified in subsection 
        (g), any local governments of the State or private 
        nonprofit facilities to receive assistance under this 
        section.
  (e) Uses of Technical and Financial Assistance.--
          (1) In general.--Technical and financial assistance 
        provided under this section--
                  (A) shall be used by States [and local 
                governments], local governments, and private 
                nonprofit facilities principally to implement 
                predisaster hazard mitigation measures that are 
                cost-effective and are described in proposals 
                approved by the President under this section; 
                and
                  (B) may be used--
                          (i) to support effective public-
                        private natural disaster hazard 
                        mitigation partnerships;
                          (ii) to improve the assessment of a 
                        community's vulnerability to natural 
                        hazards;
                          (iii) to establish hazard mitigation 
                        priorities, and an appropriate hazard 
                        mitigation plan, for a community; or
                          (iv) to establish and carry out 
                        enforcement activities and implement 
                        the latest published editions of 
                        relevant consensus-based codes, 
                        specifications, and standards that 
                        incorporate the latest hazard-resistant 
                        designs and establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of 
                        residential structures and facilities 
                        that may be eligible for assistance 
                        under this Act for the purpose of 
                        protecting the health, safety, and 
                        general welfare of the buildings' users 
                        against disasters.
          (2) Dissemination.--A State [or local government], 
        local government, or private nonprofit facility may use 
        not more than 10 percent of the financial assistance 
        received by the State [or local government], local 
        government, or private nonprofit facility under this 
        section for a fiscal year to fund activities to 
        disseminate information regarding cost-effective 
        mitigation technologies.
  (f) Allocation of Funds.--
          (1) In general.--The President shall award financial 
        assistance under this section on a competitive basis 
        for mitigation activities that are cost effective and 
        in accordance with the criteria in subsection (g).
          (2) Minimum and maximum amounts.--In providing 
        financial assistance under this section, the President 
        shall ensure that the amount of financial assistance 
        made available to a State (including amounts made 
        available to local governments of the State or private 
        nonprofit facilities located in the State) for a fiscal 
        year--
                  (A) is not less than the lesser of--
                          (i) $575,000; or
                          (ii) the amount that is equal to 1 
                        percent of the total funds appropriated 
                        to carry out this section for the 
                        fiscal year; and
                  (B) does not exceed the amount that is equal 
                to 15 percent of the total funds appropriated 
                to carry out this section for the fiscal year.
          (3) Building code implementation and enforcement set-
        aside.--Of the amounts made available under this 
        section for any given year, the Administrator may use 
        not less than 10 percent to carry out eligible 
        activities that further the implementation and 
        enforcement of the latest published editions of 
        relevant consensus-based codes, specifications, and 
        standards, including any amendments made by State, 
        local, Tribal, or territorial governments to such 
        codes, specifications, and standards, that incorporate 
        the latest hazard-resistant designs and establish 
        minimum acceptable criteria for the design, 
        construction, and maintenance of facilities and 
        residential structures that may be eligible for 
        assistance under this Act. In any fiscal year in which 
        requests for assistance for such activities do not 
        total at least 10 percent of assistance under this 
        section, any remaining funds may be used as additional 
        assistance for the purposes of paragraph (1).
          [(3)] (4) Redistribution of unobligated amounts.--The 
        President may--
                  (A) withdraw amounts of financial assistance 
                made available to a State (including amounts 
                made available to local governments of a State 
                or private nonprofit facilities located in the 
                State) under this subsection that remain 
                unobligated by the end of the third fiscal year 
                after the fiscal year for which the amounts 
                were allocated; and
                  (B) in the fiscal year following a fiscal 
                year in which amounts were withdrawn under 
                subparagraph (A), add the amounts to any other 
                amounts available to be awarded on a 
                competitive basis pursuant to paragraph (1).
  (g) Criteria for Assistance Awards.--In determining whether 
to provide technical and financial assistance to a State [or 
local government], local government, or private nonprofit 
facility under this section, the President shall provide 
financial assistance only in States that have received a major 
disaster declaration in the previous 7 years, or to any Indian 
tribal government located partially or entirely within the 
boundaries of such States, and take into account--
          (1) the extent and nature of the hazards to be 
        mitigated;
          (2) the degree of commitment of the State [or local 
        government], local government, or private nonprofit 
        facility to reduce damages from future natural 
        disasters;
          (3) the degree of commitment by the State [or local 
        government], local government, or private nonprofit 
        facility to support ongoing non-Federal support for the 
        hazard mitigation measures to be carried out using the 
        technical and financial assistance;
          (4) the extent to which the hazard mitigation 
        measures to be carried out using the technical and 
        financial assistance contribute to the mitigation goals 
        and priorities established by the State;
          (5) the extent to which the technical and financial 
        assistance is consistent with other assistance provided 
        under this Act;
          (6) the extent to which prioritized, cost-effective 
        mitigation activities that produce meaningful and 
        definable outcomes are clearly identified;
          (7) if the State [or local government], local 
        government, or private nonprofit facility has submitted 
        a mitigation plan under section 322, the extent to 
        which the activities identified under paragraph (6) are 
        consistent with the mitigation plan;
          (8) the opportunity to fund activities that maximize 
        net benefits to society;
          (9) the extent to which assistance will fund 
        mitigation activities in small impoverished 
        communities;
          (10) the extent to which the State, local, Indian 
        tribal, or territorial government has facilitated the 
        adoption and enforcement of the latest published 
        editions of relevant consensus-based codes, 
        specifications, and standards, including amendments 
        made by State, local, Indian tribal, or territorial 
        governments during the adoption process that 
        incorporate the latest hazard-resistant designs and 
        establish criteria for the design, construction, and 
        maintenance of residential structures and facilities 
        that may be eligible for assistance under this Act for 
        the purpose of protecting the health, safety, and 
        general welfare of the buildings' users against 
        disasters;
          (11) the extent to which the assistance will fund 
        activities that increase the level of resiliency; and
          (12) such other criteria as the President establishes 
        in consultation with State and local governments.
  (h) Federal Share.--
          (1) In general.--Financial assistance provided under 
        this section may contribute up to 75 percent of the 
        total cost of mitigation activities approved by the 
        President.
          (2) Small impoverished communities.--Notwithstanding 
        paragraph (1), the President may contribute up to 90 
        percent of the total cost of a mitigation activity 
        carried out in a small impoverished community.
  (i) National Public Infrastructure Predisaster Mitigation 
Assistance.--
          (1) In general.--The President may set aside from the 
        Disaster Relief Fund, with respect to each major 
        disaster, an amount equal to [6 percent] 15 percent of 
        the estimated aggregate amount of the grants to be made 
        pursuant to sections 403, 406, 407, 408, 410, 416, and 
        428 for the major disaster in order to provide 
        technical and financial assistance under this section 
        and such set aside shall be deemed to be related to 
        activities carried out pursuant to major disasters 
        under this Act.
          (2) Estimated aggregate amount.--Not later than 180 
        days after each major disaster declaration pursuant to 
        this Act, the estimated aggregate amount of grants for 
        purposes of paragraph (1) shall be determined by the 
        President and such estimated amount need not be 
        reduced, increased, or changed due to variations in 
        estimates.
          (3) No reduction in amounts.--The amount set aside 
        pursuant to paragraph (1) shall not reduce the amounts 
        otherwise made available for sections 403, 404, 406, 
        407, 408, 410, 416, and 428 under this Act.
  (j) Multihazard Advisory Maps.--
          (1) Definition of multihazard advisory map.--In this 
        subsection, the term ``multihazard advisory map'' means 
        a map on which hazard data concerning each type of 
        natural disaster is identified simultaneously for the 
        purpose of showing areas of hazard overlap.
          (2) Development of maps.--In consultation with 
        States, local governments, and appropriate Federal 
        agencies, the President shall develop multihazard 
        advisory maps for areas, in not fewer than five States, 
        that are subject to commonly recurring natural hazards 
        (including flooding, hurricanes and severe winds, and 
        seismic events).
          (3) Use of technology.--In developing multihazard 
        advisory maps under this subsection, the President 
        shall use, to the maximum extent practicable, the most 
        cost-effective and efficient technology available.
          (4) Use of maps.--
                  (A) Advisory nature.--The multihazard 
                advisory maps shall be considered to be 
                advisory and shall not require the development 
                of any new policy by, or impose any new policy 
                on, any government or private entity.
                  (B) Availability of maps.--The multihazard 
                advisory maps shall be made available to the 
                appropriate State and local governments for the 
                purposes of--
                          (i) informing the general public 
                        about the risks of natural hazards in 
                        the areas described in paragraph (2);
                          (ii) supporting the activities 
                        described in subsection (e); and
                          (iii) other public uses.
  (k) Report on Federal and State Administration.--Not later 
than 18 months after the date of the enactment of this section, 
the President, in consultation with State and local 
governments, shall submit to Congress a report evaluating 
efforts to implement this section and recommending a process 
for transferring greater authority and responsibility for 
administering the assistance program established under this 
section to capable States.
  (l) Prohibition on Earmarks.--
          (1) Definition.--In this subsection, the term 
        ``congressionally directed spending'' means a statutory 
        provision or report language included primarily at the 
        request of a Senator or a Member, Delegate or Resident 
        Commissioner of the House of Representatives providing, 
        authorizing, or recommending a specific amount of 
        discretionary budget authority, credit authority, or 
        other spending authority for a contract, loan, loan 
        guarantee, grant, loan authority, or other expenditure 
        with or to an entity, or targeted to a specific State, 
        locality, or Congressional district, other than through 
        a statutory or administrative formula-driven or 
        competitive award process.
          (2) Prohibition.--None of the funds appropriated or 
        otherwise made available to carry out this section may 
        be used for congressionally directed spending.
          (3) Certification to congress.--The Administrator of 
        the Federal Emergency Management Agency shall submit to 
        Congress a certification regarding whether all 
        financial assistance under this section was awarded in 
        accordance with this section.
  (m) Latest Published Editions.--For purposes of subsections 
(e)(1)(B)(iv), (f)(3), and (g)(10), the term ``latest published 
editions'' means, with respect to relevant consensus-based 
codes, specifications, and standards, the 2 most recently 
published editions.
  (n) Funding of a Federally Authorized Water Resources 
Development Project.--
          (1) In general.--Notwithstanding section 312 of the 
        Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5155) and its implementing 
        regulations, assistance provided under this section may 
        be used to fund activities authorized for construction 
        within the scope of a federally authorized water 
        resources development project of the Army Corps of 
        Engineers if such activities are also eligible 
        activities under this section.
          (2) Federal funding.--All Federal funding provided 
        pursuant to this section shall be applied toward the 
        Federal share of a federally authorized water resources 
        development project described in paragraph (1).
          (3) Non-federal match.--All non-Federal matching 
        funds required pursuant to this section shall be 
        applied toward the non-Federal share of a federally 
        authorized water resources development project 
        described in paragraph (1).
          (4) Total federal share.--Funding provided pursuant 
        to this section may not exceed the total Federal share 
        for a federally authorized water resources development 
        project described in paragraph (1).
          (5) Rule of construction.--Nothing in this subsection 
        may be construed to affect--
                  (A) the cost-share requirement of a hazard 
                mitigation measure under this section;
                  (B) the eligibility criteria for a hazard 
                mitigation measure under this section;
                  (C) the cost share requirements of a 
                federally authorized water resources 
                development project described in paragraph (1); 
                and
                  (D) the responsibilities of a non-Federal 
                interest with respect to such project, 
                including those related to the provision of 
                lands, easements, rights-of-way, dredge 
                material disposal areas, and necessary 
                relocations.
          (6) Limitation.--If a federally authorized water 
        resources development project of the Army Corps of 
        Engineers is constructed with funding provided under 
        this subsection, no further Federal funding shall be 
        provided for construction of such a project.

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TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

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SEC. 404. HAZARD MITIGATION.

  (a) In General.--The President may contribute up to 75 
percent of the cost of hazard mitigation measures which the 
President has determined are cost effective and which 
substantially reduce the risk of, or increase resilience to, 
future damage, hardship, loss, or suffering in any area 
affected by a major disaster, or any area affected by a fire 
for which assistance was provided under section 420. Such 
measures shall be identified following the evaluation of 
natural hazards under section 322 and shall be subject to 
approval by the President. Subject to section 322, the total of 
contributions under this section for a major disaster or event 
under section 420 shall not exceed 15 percent for amounts not 
more than $2,000,000,000, 10 percent for amounts of more than 
$2,000,000,000 and not more than $10,000,000,000, and 7.5 
percent on amounts of more than $10,000,000,000 and not more 
than $35,333,000,000 of the estimated aggregate amount of 
grants to be made (less any associated administrative costs) 
under this Act with respect to the major disaster or event 
under section 420.
  (b) Property Acquisition and Relocation Assistance.--
          (1) General authority.--In providing hazard 
        mitigation assistance under this section in connection 
        with flooding, the Administrator of the Federal 
        Emergency Management Agency may provide property 
        acquisition and relocation assistance for projects that 
        meet the requirements of paragraph (2).
          (2) Terms and conditions.--An acquisition or 
        relocation project shall be eligible to receive 
        assistance pursuant to paragraph (1) only if--
                  (A) the applicant for the assistance is 
                otherwise eligible to receive assistance under 
                the hazard mitigation grant program established 
                under subsection (a); and
                  (B) on or after the date of enactment of this 
                subsection, the applicant for the assistance 
                enters into an agreement with the Administrator 
                that provides assurances that--
                          (i) any property acquired, accepted, 
                        or from which a structure will be 
                        removed pursuant to the project will be 
                        dedicated and maintained in perpetuity 
                        for a use that is compatible with open 
                        space, recreational, or wetlands 
                        management practices;
                          (ii) no new structure will be erected 
                        on property acquired, accepted or from 
                        which a structure was removed under the 
                        acquisition or relocation program other 
                        than--
                                  (I) a public facility that is 
                                open on all sides and 
                                functionally related to a 
                                designated open space;
                                  (II) a rest room; or
                                  (III) a structure that the 
                                Administrator approves in 
                                writing before the commencement 
                                of the construction of the 
                                structure; and
                          (iii) after receipt of the 
                        assistance, with respect to any 
                        property acquired, accepted or from 
                        which a structure was removed under the 
                        acquisition or relocation program--
                                  (I) no subsequent application 
                                for additional disaster 
                                assistance for any purpose will 
                                be made by the recipient to any 
                                Federal entity; and
                                  (II) no assistance referred 
                                to in subclause (I) will be 
                                provided to the applicant by 
                                any Federal source.
          (3) Statutory construction.--Nothing in this 
        subsection is intended to alter or otherwise affect an 
        agreement for an acquisition or relocation project 
        carried out pursuant to this section that was in effect 
        on the day before the date of enactment of this 
        subsection.
  (c) Program Administration by States.--
          (1) In general.--A State desiring to administer the 
        hazard mitigation grant program established by this 
        section with respect to hazard mitigation assistance in 
        the State may submit to the President an application 
        for the delegation of the authority to administer the 
        program.
          (2) Criteria.--The President, in consultation and 
        coordination with States and local governments, shall 
        establish criteria for the approval of applications 
        submitted under paragraph (1). Until such time as the 
        Administrator promulgates regulations to implement this 
        paragraph, the Administrator may waive notice and 
        comment rulemaking, if the Administrator determines 
        doing so is necessary to expeditiously implement this 
        section, and may carry out this section as a pilot 
        program. The criteria shall include, at a minimum--
                  (A) the demonstrated ability of the State to 
                manage the grant program under this section;
                  (B) there being in effect an approved 
                mitigation plan under section 322; and
                  (C) a demonstrated commitment to mitigation 
                activities.
          (3) Approval.--The President shall approve an 
        application submitted under paragraph (1) that meets 
        the criteria established under paragraph (2).
          (4) Withdrawal of approval.--If, after approving an 
        application of a State submitted under paragraph (1), 
        the President determines that the State is not 
        administering the hazard mitigation grant program 
        established by this section in a manner satisfactory to 
        the President, the President shall withdraw the 
        approval.
          (5) Audits.--The President shall provide for periodic 
        audits of the hazard mitigation grant programs 
        administered by States under this subsection.
  (d) Streamlined Procedures.--
          (1) In general.--For the purpose of providing 
        assistance under this section, the President shall 
        ensure that--
                  (A) adequate resources are devoted to ensure 
                that applicable environmental reviews under the 
                National Environmental Policy Act of 1969 and 
                historic preservation reviews under the 
                National Historic Preservation Act are 
                completed on an expeditious basis; and
                  (B) the shortest existing applicable process 
                under the National Environmental Policy Act of 
                1969 and the National Historic Preservation Act 
                is utilized.
          (2) Authority for other expedited procedures.--The 
        President may utilize expedited procedures in addition 
        to those required under paragraph (1) for the purpose 
        of providing assistance under this section, such as 
        procedures under the Prototype Programmatic Agreement 
        of the Federal Emergency Management Agency, for the 
        consideration of multiple structures as a group and for 
        an analysis of the cost-effectiveness and fulfillment 
        of cost-share requirements for proposed hazard 
        mitigation measures.
  (e) Advance Assistance.--The President may provide not more 
than 25 percent of the amount of the estimated cost of hazard 
mitigation measures to a State grantee eligible for a grant 
under this section before eligible costs are incurred.
  (f) Redistribution of Unclaimed or Unobligated Amounts.--The 
President may--
          (1) withdraw any portion of financial assistance made 
        available to a State or Indian tribal government under 
        subsection (a) for which the State or Indian tribal 
        government has failed to submit an application upon the 
        expiration of the application submission time limit or 
        that remains unobligated for a major disaster or event 
        eligible for assistance pursuant to section 420 upon 
        the expiration of 84 months or the closeout of the 
        grant, whichever is sooner; and
          (2) transfer the financial assistance withdrawn under 
        paragraph (1) to any other amounts otherwise available 
        to be awarded under section 203.
  [(f)] (g) Use of Assistance.--Recipients of hazard mitigation 
assistance provided under this section and section 203 may use 
the assistance to conduct activities to help reduce the risk of 
future damage, hardship, loss, or suffering in any area 
affected by a wildfire or windstorm, such as--
          (1) reseeding ground cover with quick-growing or 
        native species;
          (2) mulching with straw or chipped wood;
          (3) constructing straw, rock, or log dams in small 
        tributaries to prevent flooding;
          (4) placing logs and other erosion barriers to catch 
        sediment on hill slopes;
          (5) installing debris traps to modify road and trail 
        drainage mechanisms;
          (6) modifying or removing culverts to allow drainage 
        to flow freely;
          (7) adding drainage dips and constructing emergency 
        spillways to keep roads and bridges from washing out 
        during floods;
          (8) planting grass to prevent the spread of noxious 
        weeds;
          (9) installing warning signs;
          (10) establishing defensible space measures;
          (11) reducing hazardous fuels;
          (12) mitigating windstorm, wildfire, and ice storm 
        damage, [including replacing] including--
                  (A) replacing  or installing electrical 
                transmission or distribution utility pole 
                structures with poles that are resilient to 
                extreme wind, wildfire, and combined ice and 
                wind loadings for the basic wind speeds and ice 
                conditions associated with the relevant 
                location; and
                  (B) the installation of fire-resistant wires 
                and infrastructure and the undergrounding of 
                wires;
          (13) removing standing burned trees; [and]
          [(14) replacing water systems that have been burned 
        and have caused contamination.]
          (14) replacing water systems that have been burned, 
        caused contamination, or are at risk from wildfire 
        impacts with resilient, non-combustible materials;
          (15) repairing, replacing, or retrofitting 
        infrastructure damaged by ice storms to be resilient to 
        the impacts of such storms;
          (16) retrofitting or hardening electric grid 
        infrastructure to comply with the latest published 
        strength standards or industry best practices for 
        resiliency, including standards and practices relating 
        to the strength of utility poles in high wind areas, 
        regardless of height; and
          (17) implementing technologies to improve 
        infrastructure monitoring and distribution for the 
        purpose of reducing risk and avoiding future disaster 
        impacts and, notwithstanding other requirements related 
        to cost-effectiveness, to avoid any unintended 
        consequences under this section and section 203.
  [(g)] (h) Use of Assistance for Earthquake and Tsunami 
Hazards.--Recipients of hazard mitigation assistance provided 
under this section and section 203 may use the assistance to 
conduct activities to help reduce the risk of future damage, 
hardship, loss, or suffering in any area affected by earthquake 
and tsunami hazards, including--
          (1) improvements to regional seismic networks in 
        support of building a capability for earthquake and 
        tsunami early warning;
          (2) improvements to geodetic networks in support of 
        building a capability for earthquake and tsunami early 
        warning; [and]
          (3) improvements to seismometers, Global Positioning 
        System receivers, and associated infrastructure in 
        support of building a capability for earthquake and 
        tsunami early warning[.]; and
          (4) planning, design, or construction of vertical 
        evacuation structures in designated and mapped tsunami 
        danger areas or hazard zones.

           *       *       *       *       *       *       *


SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC 
                    ASSISTANCE.

  (a) In General.--For purposes of assistance under this title, 
the President shall provide financial assistance at the 
applicable Federal share to a State or local government, 
electric cooperative, or nonprofit organization as 
reimbursement for qualifying interest.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Qualifying interest.--The term ``qualifying 
        interest'' means, with respect to a qualifying loan, 
        the lesser of--
                  (A) the actual interest paid to a lender for 
                such qualifying loan; and
                  (B) the interest that would have been paid to 
                a lender if such qualifying loan had an 
                interest rate equal to the prime rate most 
                recently published on the Federal Reserve 
                Statistical Release on selected interest rates.
          (2) Qualifying loan.--The term ``qualifying loan'' 
        means a loan--
                  (A) obtained by a State or local government, 
                electric cooperative, or nonprofit 
                organization; and
                  (B) of which not less than 90 percent of the 
                proceeds are used to fund activities for which 
                such State or local government, electric 
                cooperative, or nonprofit organization receives 
                assistance under this Act after the date on 
                which such loan is disbursed.

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                              ----------                              


                  DISASTER RECOVERY REFORM ACT OF 2018


                  DIVISION D--DISASTER RECOVERY REFORM

SEC. 1201. SHORT TITLE.

  This division may be cited as the ``Disaster Recovery Reform 
Act of 2018''.

           *       *       *       *       *       *       *


SEC. 1234. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD 
                    MITIGATION.

  (a) Predisaster Hazard Mitigation.--Section 203 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133) is amended--
          (1) in subsection (c) by inserting ``Public 
        Infrastructure'' after ``the National'';
          (2) in subsection (e)(1)(B)--
                  (A) by striking ``or'' at the end of clause 
                (ii);
                  (B) by striking the period at the end of 
                clause (iii) and inserting ``; or''; and
                  (C) by adding at the end the following:
                          ``(iv) to establish and carry out 
                        enforcement activities and implement 
                        the latest published editions of 
                        relevant consensus-based codes, 
                        specifications, and standards that 
                        incorporate the latest hazard-resistant 
                        designs and establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of 
                        residential structures and facilities 
                        that may be eligible for assistance 
                        under this Act for the purpose of 
                        protecting the health, safety, and 
                        general welfare of the buildings' users 
                        against disasters.'';
          (3) in subsection (f)--
                  (A) in paragraph (1) by inserting ``for 
                mitigation activities that are cost effective'' 
                after ``competitive basis''; and
                  (B) by adding at the end the following:
          ``(3) Redistribution of unobligated amounts.--The 
        President may--
                  ``(A) withdraw amounts of financial 
                assistance made available to a State (including 
                amounts made available to local governments of 
                a State) under this subsection that remain 
                unobligated by the end of the third fiscal year 
                after the fiscal year for which the amounts 
                were allocated; and
                  ``(B) in the fiscal year following a fiscal 
                year in which amounts were withdrawn under 
                subparagraph (A), add the amounts to any other 
                amounts available to be awarded on a 
                competitive basis pursuant to paragraph (1).'';
          (4) in subsection (g)--
                  (A) by inserting ``provide financial 
                assistance only in States that have received a 
                major disaster declaration in the previous 7 
                years, or to any Indian tribal government 
                located partially or entirely within the 
                boundaries of such States, and'' after ``the 
                President shall'';
                  (B) in paragraph (9) by striking ``and'' at 
                the end;
                  (C) by redesignating paragraph (10) as 
                paragraph (12); and
                  (D) by adding after paragraph (9) the 
                following:
          ``(10) the extent to which the State, local, Indian 
        tribal, or territorial government has facilitated the 
        adoption and enforcement of the latest published 
        editions of relevant consensus-based codes, 
        specifications, and standards, including amendments 
        made by State, local, Indian tribal, or territorial 
        governments during the adoption process that 
        incorporate the latest hazard-resistant designs and 
        establish criteria for the design, construction, and 
        maintenance of residential structures and facilities 
        that may be eligible for assistance under this Act for 
        the purpose of protecting the health, safety, and 
        general welfare of the buildings' users against 
        disasters;
          ``(11) the extent to which the assistance will fund 
        activities that increase the level of resiliency; 
        and'';
          (5) by striking subsection (i) and inserting the 
        following:
  ``(i) National Public Infrastructure Predisaster Mitigation 
Assistance.--
          ``(1) In general.--The President may set aside from 
        the Disaster Relief Fund, with respect to each major 
        disaster, an amount equal to 6 percent of the estimated 
        aggregate amount of the grants to be made pursuant to 
        sections 403, 406, 407, 408, 410, 416, and 428 for the 
        major disaster in order to provide technical and 
        financial assistance under this section and such set 
        aside shall be deemed to be related to activities 
        carried out pursuant to major disasters under this Act.
          ``(2) Estimated aggregate amount.--Not later than 180 
        days after each major disaster declaration pursuant to 
        this Act, the estimated aggregate amount of grants for 
        purposes of paragraph (1) shall be determined by the 
        President and such estimated amount need not be 
        reduced, increased, or changed due to variations in 
        estimates.
          ``(3) No reduction in amounts.--The amount set aside 
        pursuant to paragraph (1) shall not reduce the amounts 
        otherwise made available for sections 403, 404, 406, 
        407, 408, 410, 416, and 428 under this Act.''; and
          (6) by striking subsections (j) and (m);
          (7) by redesignating subsections (k), (l), and (n) as 
        subsections (j), (k), and (l), respectively and
          (8) by adding at the end the following:
  ``(m) Latest Published Editions.--For purposes of subsections 
(e)(1)(B)(iv) and (g)(10), the term `latest published editions' 
means, with respect to relevant consensus-based codes, 
specifications, and standards, the 2 most recently published 
editions.''.
  (b) Applicability.--The amendments made to section 203 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) 
shall apply to funds appropriated on or after the date of 
enactment of this Act.
  (c) Sense of Congress.--It is the sense of Congress that--
          (1) all funding expended from the National Public 
        Infrastructure Predisaster Mitigation Assistance 
        created by Section 203(i)(1) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5133), as added by this section, shall not be 
        considered part of FEMA's regular appropriations for 
        non-Stafford activities, also known as the Federal 
        Emergency Management Agency's Disaster Relief Fund 
        base; and
          (2) the President should have the funds related to 
        the National Public Infrastructure Predisaster 
        Mitigation Assistance created by Section 203(i)(1) of 
        the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5133), as added by this 
        section, identified in and allocated from the Federal 
        Emergency Management Agency's Disaster Relief Fund for 
        major disasters declared pursuant to the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.).
  [(d) Sunset.--On the date that is 5 years after the date of 
enactment of this Act, section 203 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) 
is amended by striking subsection (m), as added by subsection 
(a)(8) of this section.]

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