[House Report 117-609]
[From the U.S. Government Publishing Office]


117th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       117-609

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



 
            COMMUNITY DISASTER RESILIENCE ZONES ACT OF 2022

                                _______
                                

December 8, 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. 7242]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 7242) to require the President to 
develop and maintain products that show the risk of natural 
hazards across the United States, 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...........................................     4
Background and Need for Legislation..............................     5
Hearings.........................................................     6
Legislative History and Consideration............................     6
Committee Votes..................................................     7
Committee Oversight Findings.....................................     7
New Budget Authority and Tax Expenditures........................     7
Congressional Budget Office Cost Estimate........................     7
Performance Goals and Objectives.................................     8
Duplication of Federal Programs..................................     8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     8
Federal Mandates Statement.......................................     8
Preemption Clarification.........................................     8
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............     9

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

SEC. 3. NATURAL HAZARD RISK ASSESSMENT.

  (a) In General.--Title II of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by 
adding at the end the following:

``SEC. 206. NATURAL HAZARD RISK ASSESSMENT.

  ``(a) Definitions.--In this section:
          ``(1) Community disaster resilience zone.--The term 
        `community disaster resilience zone' means a census tract 
        designated by the President under subsection (d)(1).
          ``(2) Eligible entity.--The term `eligible entity' means--
                  ``(A) a State;
                  ``(B) an Indian tribal government; or
                  ``(C) a local government.
  ``(b) Products.--The President shall continue to maintain a natural 
hazard assessment program that develops and maintains products that--
          ``(1) are available to the public; and
          ``(2) define natural hazard risk across the United States.
  ``(c) Features.--The products maintained under subsection (b) shall, 
for lands within States and areas under the jurisdiction of Indian 
tribal governments--
          ``(1) show the risk of natural hazards; and
          ``(2) include ratings and data for--
                  ``(A) loss exposure, including population 
                equivalence, buildings, and agriculture;
                  ``(B) social vulnerability;
                  ``(C) community resilience; and
                  ``(D) any other element determined by the President.
  ``(d) Community Disaster Resilience Zones Designation.--
          ``(1) In general.--Not later than 30 days after the date on 
        which the President makes the update and enhancement required 
        under subsection (e)(4), and not less frequently than every 5 
        years thereafter, the President shall identify and designate 
        community disaster resilience zones, which shall be--
                  ``(A) the 50 census tracts assigned the highest 
                individual hazard risk ratings; and
                  ``(B) subject to paragraph (3), in each State, not 
                less than 1 percent of census tracts that are assigned 
                high individual risk ratings.
          ``(2) Risk ratings.--In carrying out paragraph (1), the 
        President shall use census tract risk ratings derived from a 
        product maintained under subsection (b) that--
                  ``(A) reflect--
                          ``(i) high levels of individual hazard risk 
                        ratings based on an assessment of the 
                        intersection of--
                                  ``(I) loss to population equivalence;
                                  ``(II) buildings value; and
                                  ``(III) agriculture value;
                          ``(ii) high social vulnerability ratings and 
                        low community resilience ratings; and
                          ``(iii) any other elements determined by the 
                        President; and
                  ``(B) reflect the principal natural hazard risks 
                identified for the respective census tracts.
          ``(3) Geographic balance.--In identifying and designating the 
        community disaster resilience zones described in paragraph 
        (1)(B)--
                  ``(A) for the purpose of achieving geographic 
                balance, when applicable, the President shall consider 
                making designations in coastal, inland, urban, 
                suburban, and rural areas; and
                  ``(B) the President shall include census tracts on 
                Tribal lands located within a State.
          ``(4) Duration.--The designation of a community disaster 
        resilience zone under paragraph (1) shall be effective for a 
        period of not less than 5 years.
  ``(e) Review and Update.--Not later than 180 days after the date of 
enactment of the Community Disaster Resilience Zones Act of 2022, and 
not less frequently than every 5 years thereafter, the President 
shall--
          ``(1) with respect to any product that is a natural hazard 
        risk assessment--
                  ``(A) review the underlying methodology of the 
                product; and
                  ``(B) receive public input on the methodology and 
                data used for the product;
          ``(2) consider including additional data in any product that 
        is a natural hazard risk assessment, such as--
                  ``(A) the most recent census tract data;
                  ``(B) data from the American Community Survey of the 
                Bureau of the Census, a successor survey, a similar 
                survey, or another data source, including data by 
                census tract on housing characteristics and income;
                  ``(C) information relating to development, 
                improvements, and hazard mitigation measures;
                  ``(D) data that assesses past and future loss 
                exposure, including analysis on the effects of a 
                changing climate on future loss exposure;
                  ``(E) data from the Resilience Analysis and Planning 
                Tool of the Federal Emergency Management Agency; and
                  ``(F) other information relevant to prioritizing 
                areas that have--
                          ``(i) high risk levels of--
                                  ``(I) natural hazard loss exposure, 
                                including population equivalence, 
                                buildings, infrastructure, and 
                                agriculture; and
                                  ``(II) social vulnerability; and
                          ``(ii) low levels of community resilience;
          ``(3) make publicly available any changes in methodology or 
        data used to inform an update to a product maintained under 
        subsection (b); and
          ``(4) update and enhance the products maintained under 
        subsection (b), as necessary.
  ``(f) Natural Hazard Risk Assessment Insights.--In determining 
additional data to include in products that are natural hazard risk 
assessments under subsection (e)(2), the President shall consult with, 
at a minimum--
          ``(1) the Administrator of the Federal Emergency Management 
        Agency;
          ``(2) the Secretary of Agriculture and the Chief of the 
        Forest Service;
          ``(3) the Secretary of Commerce, the Administrator of the 
        National Oceanic and Atmospheric Administration, the Director 
        of the Bureau of the Census, and the Director of the National 
        Institute of Standards and Technology;
          ``(4) the Secretary of Defense and the Commanding Officer of 
        the United States Army Corps of Engineers;
          ``(5) the Administrator of the Environmental Protection 
        Agency;
          ``(6) the Secretary of the Interior and the Director of the 
        United States Geological Survey;
          ``(7) the Secretary of Housing and Urban Development; and
          ``(8) the Director of the Federal Housing Finance Agency.
  ``(g) Community Disaster Resilience Zone.--With respect to financial 
assistance provided under section 203(i) to perform a resilience or 
mitigation project within, or that primarily benefits, a community 
disaster resilience zone, the President may increase the amount of the 
Federal share described under section 203(h).
  ``(h) Resilience or Mitigation Project Planning Assistance.--
          ``(1) In general.--The President may provide financial, 
        technical, or other assistance under this title to an eligible 
        entity that plans to perform a resilience or mitigation project 
        within, or that primarily benefits, a community disaster 
        resilience zone.
          ``(2) Purpose.--The purpose of assistance provided under 
        paragraph (1) shall be to carry out activities in preparation 
        for a resilience or mitigation project or seek an evaluation 
        and certification under subsection (i)(2) for a resilience or 
        mitigation project before the date on which permanent work of 
        the resilience or mitigation project begins.
          ``(3) Application.--If required by the President, an eligible 
        entity seeking assistance under paragraph (1) shall submit an 
        application in accordance with subsection (i)(1).
          ``(4) Funding.--In providing assistance under paragraph (1), 
        the President may use amounts set aside under section 203(i).
  ``(i) Community Disaster Resilience Zone Project Applications.--
          ``(1) In general.--If required by the President or other 
        Federal law, an eligible entity shall submit to the President 
        an application at such time, in such manner, and containing or 
        accompanied by such information as the President may reasonably 
        require.
          ``(2) Evaluation and certification.--
                  ``(A) In general.--Not later than 120 days after the 
                date on which an eligible entity submits an application 
                under paragraph (1), the President shall evaluate the 
                application to determine whether the resilience or 
                mitigation project that the entity plans to perform 
                within, or that primarily benefits, a community 
                disaster resilience zone--
                          ``(i) meets or exceeds one of the latest two 
                        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 section;
                          ``(ii) is designed to reduce injuries, loss 
                        of life, and damage and destruction of 
                        property, such as damage to critical services 
                        and facilities; and
                          ``(iii) substantially reduces the risk of, or 
                        increases resilience to, future damage, 
                        hardship, loss, or suffering.
                  ``(B) Certification.--If the President determines 
                that an application submitted under paragraph (1) meets 
                the criteria described in subparagraph (A), the 
                President shall certify the proposed resilience or 
                mitigation project.
                  ``(C) Effect of certification.--The certification of 
                a proposed resilience or mitigation project under 
                subparagraph (B) shall not be construed to exempt the 
                resilience or mitigation project from the requirements 
                of any other law.
          ``(3) Projects causing displacement.--With respect to a 
        resilience or mitigation project certified under paragraph 
        (2)(B) that involves the displacement of a resident from any 
        occupied housing unit, the entity performing the resilience or 
        mitigation project shall--
                  ``(A) provide, at the option of the resident, a 
                suitable and habitable housing unit that is, with 
                respect to the housing unit from which the resident is 
                displaced--
                          ``(i) of a comparable size;
                          ``(ii) located in the same local community or 
                        a community with reduced hazard risk; and
                          ``(iii) offered under similar costs, 
                        conditions, and terms;
                  ``(B) ensure that property acquisitions resulting 
                from the displacement and made in connection with the 
                resilience or mitigation project--
                          ``(i) are deed restricted in perpetuity to 
                        preclude future property uses not relating to 
                        mitigation or resilience; and
                          ``(ii) are the result of a voluntary decision 
                        by the resident; and
                  ``(C) plan for robust public participation in the 
                resilience or mitigation project.''.
  (b) National Risk Index Funding.--Nothing in section 206 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as 
added by subsection (a), shall be construed to prohibit the 
Administrator of the Federal Emergency Management Agency from using 
amounts available to maintain and update the National Risk Index until 
the earlier of--
          (1) the date on which such amounts are transferred to another 
        source; and
          (2) 3 years after the date of enactment of this Act.
  (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. 4. HARMFUL ALGAL BLOOM DAMAGE.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Federal Emergency Management Agency 
shall develop criteria to assess damage caused by a harmful algal bloom 
and submit to Congress a report describing such criteria.
  (b) Economic Impact.--In developing the criteria under subsection 
(a), the Administrator shall take into consideration the economic 
effects of harmful algal blooms.

                         Purpose of Legislation

    The purpose of H.R. 7242, as amended, is to require the 
President to develop and maintain products that show the risk 
of natural hazards and certify Community Disaster Resilience 
Zones across the United States, and for other purposes.

                  Background and Need for Legislation

    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 for small, rural, and 
disadvantaged communities.\1\ Unfortunately, available pre-
disaster mitigation funding has far exceeded demand, and 
stakeholders have expressed concern that small, impoverished, 
rural, and historically disadvantaged communities face 
challenges accessing pre-disaster mitigation funding.\2\ 
Challenges to accessing funds include capacity limitations at 
the local level and an inability to afford the non-federal 
cost-share for pre-disaster mitigation grants. This legislation 
makes mitigation funds more accessible to underserved 
communities, and builds upon reforms, including the creation of 
the Building Resilient Infrastructure and Communities (BRIC) 
grant program, enacted as part of the Disaster Recovery Reform 
Act (DRRA, Div. D of P.L. 115-254).
---------------------------------------------------------------------------
    \1\Subcommittee on Economic Development, Public Buildings, and 
Emergency Management. Hearing on, ``Building Smarter: The Benefits of 
Investing in Resilience and Mitigation.'' March 18, 2021; Subcommittee 
on Economic Development, Public Buildings, and Emergency Management. 
Hearing on, ``FEMA Priorities for 2022 and the 2022-2026 Strategic 
Plan.'' April 5, 2022; and Subcommittee on Economic Development, Public 
Buildings, and Emergency Management. Hearing on, titled ``FEMA 
Priorities for 2022: Stakeholder Perspectives.'' February 16, 2022.
    \2\ FEMA. Summary of Stakeholder Feedback: Building Resilient 
Infrastructure and Communities (BRIC). March 2020. Available at, 
https://www.fema.gov/sites/default/files/2020-06/fema_bric-summary-of-
stakeholder-feedback-report.pdf.
---------------------------------------------------------------------------
    H.R. 7242, as amended, amends the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (Stafford Act, 
P.L. 93-288, as amended) to require the Federal Emergency 
Management Agency (FEMA) to maintain and update a natural 
hazard assessment program such as FEMA's existing National Risk 
Index that considers natural hazard risk, loss exposure, social 
vulnerability, and community resilience, and designate census 
tracts that are most socially vulnerable and most at risk as 
Community Disaster Resilience Zones (CDRZ). The intent of 
designating these zones is to help facilitate targeted 
investment in mitigation, including by the private sector, in 
areas that may have economic challenges to such investments.
    H.R. 7242, as amended, requires FEMA to designate as CDRZ 
no less than 50 census tracts with the highest risk ratings 
nationwide and one percent of census tracts in each state that 
are assigned a high-risk rating under the natural hazard 
assessment program. When designating one percent of census 
tracts in each state with a high-risk rating, the President is 
directed to consider geographic diversity, so designations are 
fairly distributed across each state. The President is 
authorized flexibility to aide CDRZ-designated communities with 
a federal cost share adjustment under the BRIC program. The 
bill also requires that any resident that is displaced as the 
result of a resilience or mitigation project done in a CDRZ to 
be offered a comparable housing unit and clarifies that nothing 
in this Act prohibits the FEMA Administrator from using funds 
currently available to update the National Risk Index for three 
years or until the funds are transferred to another source.

                                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. 7242:
    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, on behalf of the National Emergency Management 
Association; Mr. Roy E. Wright, President and Chief Executive 
Officer, 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 February 16, 2022, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management, held a 
hearing titled ``FEMA Priorities for 2022: Stakeholder 
Perspectives.'' The Subcommittee received testimony from Mr. 
Chris Currie, Director, Homeland Security and Justice, U.S. 
Government Accountability Office; Ms. Erica Bornemann, 
Director, Vermont Emergency Management, on behalf of the 
National Emergency Management Association; and, Ms. Carolyn 
Harshman, President, International Association of Emergency 
Managers.
    This hearing allowed Members to receive testimony from 
witnesses who are emergency management experts and represent 
key external Federal Emergency Management Agency FEMA 
stakeholders to gauge their perspective regarding what efforts 
the agency should prioritize in this year.
    On April 5, 2022, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management, held a hearing 
titled ``FEMA Priorities for 2022 and the 2022-2026 Strategic 
Plan.'' The Subcommittee received testimony from Hon. Deanne 
Criswell, Administrator, FEMA, U.S. Department of Homeland 
Security.

                 Legislative History and Consideration

    H.R. 7242, the ``Community Disaster Resilience Zones Act of 
2022'', was introduced in the House on March 28, 2022, by Ms. 
Davids of Kansas and Mr. Graves of Louisiana and referred to 
the Committee on Transportation and Infrastructure. Within the 
Committee on Transportation and Infrastructure, H.R. 7242 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. 7242 on April 28, 2022.
    The Committee considered H.R. 7242 on April 28, 2022, and 
ordered the measure to be favorably reported to the House, as 
amended, by voice vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 7242, 
offered by Ms. Titus; was AGREED TO by voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 7242 offered by Mr. Graves of Louisiana (#1); was 
WITHDRAWN.
    Add at the end the following: Sec. ----------. Duplication 
of Benefits
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 7242 offered by Mr. Mast (#2); was WITHDRAWN.
    At the end of the bill, add the following: Sec. 4. Algal 
Blooms
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 7242 offered by Mr. Mast (#4); was AGREED TO, by voice 
vote.
    At the end of the bill, add the following: Sec. 4. Harmful 
Algal Bloom Damage

                            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.
    No recorded votes were requested during consideration of 
H.R. 7242.

                      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 
require FEMA to maintain and update a natural hazard assessment 
program that considers natural hazard risk, loss exposure, 
social vulnerability, and community resilience, and to 
designate census tracts that are most socially vulnerable and 
most at risk as Community Disaster Resilience Zones (CDRZ).

                    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. 7242 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 the 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. 7242 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 bill may be cited as the 
``Community Disaster Resilience Zones Act of 2022''.

Section. 2. Findings

    This section adds a new ``finding'' to the Stafford Act, to 
include ``identifying and improving the climate and natural 
hazard resilience of vulnerable communities.''

Section. 3 Natural hazard risk assessment

    This section adds a new Section 206 to Stafford Act, Title 
II (Disaster Preparedness and Mitigation Assistance), that 
defines terms used in the section and requires FEMA to maintain 
and update a natural hazard assessment program that considers 
natural hazard risk, loss exposure, social vulnerability, and 
community resilience. This section requires the designation of 
Community Disaster Resilience Zones (CDRZ), as derived from the 
natural hazard assessment program, specifically U.S. census 
tracts that represent communities that are most in need and 
most at risk of natural hazards, including the top 50 census 
tracts and 1 percent of high-risk census tracts in each State. 
The section also requires that FEMA review and update the 
natural hazard assessment program, which should include a 
consultation with a variety of federal agencies on data related 
to multi-hazard risk assessment insights, climate change, and 
past and future natural hazard risk. A federal cost share 
adjustment is authorized for federal resilience or mitigation 
project grants in, or that primarily benefit, CDRZ-designated 
communities. For planning purposes, the section authorizes 
financial, technical, and other assistance to CDRZ-designated 
communities and establishes an application, evaluation, and 
certification process for resilience or mitigation projects in, 
or that primarily benefit, CDRZ-designated communities. 
Finally, the section requires that resilience or mitigation 
projects address any residential displacement and clarifies 
that nothing in this Act prohibits the FEMA Administrator from 
using funds currently available to update the National Risk 
Index for three years or until the funds are transferred to 
another source.

         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):

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT




           *       *       *       *       *       *       *
            TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS


                       findings and declarations

  Sec. 101. (a) The Congress hereby finds and declares that--
          (1) because disasters often cause loss of life, human 
        suffering, loss of income, and property loss and 
        damage; and
          (2) because disasters often disrupt the normal 
        functioning of governments and communities, and 
        adversely affect individuals and families with great 
        severity;
special measures, designed to assist the efforts of the 
affected States in expediting the rendering of aid, assistance, 
and emergency services, and the reconstruction and 
rehabilitation of devastated areas, are necessary.
  (b) It is the intent of the Congress, by this Act, to provide 
an orderly and continuing means of assistance by the Federal 
Government to State and local governments in carrying out their 
responsibilities to alleviate the suffering and damage which 
result from such disasters by--
          (1) revising and broadening the scope of existing 
        disaster relief programs;
          (2) encouraging the development of comprehensive 
        disaster preparedness and assistance plans, programs, 
        capabilities, and organizations by the States and by 
        local governments;
          (3) achieving greater coordination and responsiveness 
        of disaster preparedness and relief programs;
          (4) encouraging individuals, States, and local 
        governments to protect themselves by obtaining 
        insurance coverage to supplement or replace 
        governmental assistance;
          (5) encouraging hazard mitigation measures to reduce 
        losses from disasters, including development of land 
        use and construction regulations; [and]
          (6) providing Federal assistance programs for both 
        public and private losses sustained in disasters; and
          (7) identifying and improving the climate and natural 
        hazard resilience of vulnerable communities.

           *       *       *       *       *       *       *


TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

           *       *       *       *       *       *       *


SEC. 206. NATURAL HAZARD RISK ASSESSMENT.

  (a) Definitions.--In this section:
          (1) Community disaster resilience zone.--The term 
        ``community disaster resilience zone'' means a census 
        tract designated by the President under subsection 
        (d)(1).
          (2) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a State;
                  (B) an Indian tribal government; or
                  (C) a local government.
  (b) Products.--The President shall continue to maintain a 
natural hazard assessment program that develops and maintains 
products that--
          (1) are available to the public; and
          (2) define natural hazard risk across the United 
        States.
  (c) Features.--The products maintained under subsection (b) 
shall, for lands within States and areas under the jurisdiction 
of Indian tribal governments--
          (1) show the risk of natural hazards; and
          (2) include ratings and data for--
                  (A) loss exposure, including population 
                equivalence, buildings, and agriculture;
                  (B) social vulnerability;
                  (C) community resilience; and
                  (D) any other element determined by the 
                President.
  (d) Community Disaster Resilience Zones Designation.--
          (1) In general.--Not later than 30 days after the 
        date on which the President makes the update and 
        enhancement required under subsection (e)(4), and not 
        less frequently than every 5 years thereafter, the 
        President shall identify and designate community 
        disaster resilience zones, which shall be--
                  (A) the 50 census tracts assigned the highest 
                individual hazard risk ratings; and
                  (B) subject to paragraph (3), in each State, 
                not less than 1 percent of census tracts that 
                are assigned high individual risk ratings.
          (2) Risk ratings.--In carrying out paragraph (1), the 
        President shall use census tract risk ratings derived 
        from a product maintained under subsection (b) that--
                  (A) reflect--
                          (i) high levels of individual hazard 
                        risk ratings based on an assessment of 
                        the intersection of--
                                  (I) loss to population 
                                equivalence;
                                  (II) buildings value; and
                                  (III) agriculture value;
                          (ii) high social vulnerability 
                        ratings and low community resilience 
                        ratings; and
                          (iii) any other elements determined 
                        by the President; and
                  (B) reflect the principal natural hazard 
                risks identified for the respective census 
                tracts.
          (3) Geographic balance.--In identifying and 
        designating the community disaster resilience zones 
        described in paragraph (1)(B)--
                  (A) for the purpose of achieving geographic 
                balance, when applicable, the President shall 
                consider making designations in coastal, 
                inland, urban, suburban, and rural areas; and
                  (B) the President shall include census tracts 
                on Tribal lands located within a State.
          (4) Duration.--The designation of a community 
        disaster resilience zone under paragraph (1) shall be 
        effective for a period of not less than 5 years.
  (e) Review and Update.--Not later than 180 days after the 
date of enactment of the Community Disaster Resilience Zones 
Act of 2022, and not less frequently than every 5 years 
thereafter, the President shall--
          (1) with respect to any product that is a natural 
        hazard risk assessment--
                  (A) review the underlying methodology of the 
                product; and
                  (B) receive public input on the methodology 
                and data used for the product;
          (2) consider including additional data in any product 
        that is a natural hazard risk assessment, such as--
                  (A) the most recent census tract data;
                  (B) data from the American Community Survey 
                of the Bureau of the Census, a successor 
                survey, a similar survey, or another data 
                source, including data by census tract on 
                housing characteristics and income;
                  (C) information relating to development, 
                improvements, and hazard mitigation measures;
                  (D) data that assesses past and future loss 
                exposure, including analysis on the effects of 
                a changing climate on future loss exposure;
                  (E) data from the Resilience Analysis and 
                Planning Tool of the Federal Emergency 
                Management Agency; and
                  (F) other information relevant to 
                prioritizing areas that have--
                          (i) high risk levels of--
                                  (I) natural hazard loss 
                                exposure, including population 
                                equivalence, buildings, 
                                infrastructure, and 
                                agriculture; and
                                  (II) social vulnerability; 
                                and
                          (ii) low levels of community 
                        resilience;
          (3) make publicly available any changes in 
        methodology or data used to inform an update to a 
        product maintained under subsection (b); and
          (4) update and enhance the products maintained under 
        subsection (b), as necessary.
  (f) Natural Hazard Risk Assessment Insights.--In determining 
additional data to include in products that are natural hazard 
risk assessments under subsection (e)(2), the President shall 
consult with, at a minimum--
          (1) the Administrator of the Federal Emergency 
        Management Agency;
          (2) the Secretary of Agriculture and the Chief of the 
        Forest Service;
          (3) the Secretary of Commerce, the Administrator of 
        the National Oceanic and Atmospheric Administration, 
        the Director of the Bureau of the Census, and the 
        Director of the National Institute of Standards and 
        Technology;
          (4) the Secretary of Defense and the Commanding 
        Officer of the United States Army Corps of Engineers;
          (5) the Administrator of the Environmental Protection 
        Agency;
          (6) the Secretary of the Interior and the Director of 
        the United States Geological Survey;
          (7) the Secretary of Housing and Urban Development; 
        and
          (8) the Director of the Federal Housing Finance 
        Agency.
  (g) Community Disaster Resilience Zone.--With respect to 
financial assistance provided under section 203(i) to perform a 
resilience or mitigation project within, or that primarily 
benefits, a community disaster resilience zone, the President 
may increase the amount of the Federal share described under 
section 203(h).
  (h) Resilience or Mitigation Project Planning Assistance.--
          (1) In general.--The President may provide financial, 
        technical, or other assistance under this title to an 
        eligible entity that plans to perform a resilience or 
        mitigation project within, or that primarily benefits, 
        a community disaster resilience zone.
          (2) Purpose.--The purpose of assistance provided 
        under paragraph (1) shall be to carry out activities in 
        preparation for a resilience or mitigation project or 
        seek an evaluation and certification under subsection 
        (i)(2) for a resilience or mitigation project before 
        the date on which permanent work of the resilience or 
        mitigation project begins.
          (3) Application.--If required by the President, an 
        eligible entity seeking assistance under paragraph (1) 
        shall submit an application in accordance with 
        subsection (i)(1).
          (4) Funding.--In providing assistance under paragraph 
        (1), the President may use amounts set aside under 
        section 203(i).
  (i) Community Disaster Resilience Zone Project 
Applications.--
          (1) In general.--If required by the President or 
        other Federal law, an eligible entity shall submit to 
        the President an application at such time, in such 
        manner, and containing or accompanied by such 
        information as the President may reasonably require.
          (2) Evaluation and certification.--
                  (A) In general.--Not later than 120 days 
                after the date on which an eligible entity 
                submits an application under paragraph (1), the 
                President shall evaluate the application to 
                determine whether the resilience or mitigation 
                project that the entity plans to perform 
                within, or that primarily benefits, a community 
                disaster resilience zone--
                          (i) meets or exceeds one of the 
                        latest two 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 
                        section;
                          (ii) is designed to reduce injuries, 
                        loss of life, and damage and 
                        destruction of property, such as damage 
                        to critical services and facilities; 
                        and
                          (iii) substantially reduces the risk 
                        of, or increases resilience to, future 
                        damage, hardship, loss, or suffering.
                  (B) Certification.--If the President 
                determines that an application submitted under 
                paragraph (1) meets the criteria described in 
                subparagraph (A), the President shall certify 
                the proposed resilience or mitigation project.
                  (C) Effect of certification.--The 
                certification of a proposed resilience or 
                mitigation project under subparagraph (B) shall 
                not be construed to exempt the resilience or 
                mitigation project from the requirements of any 
                other law.
          (3) Projects causing displacement.--With respect to a 
        resilience or mitigation project certified under 
        paragraph (2)(B) that involves the displacement of a 
        resident from any occupied housing unit, the entity 
        performing the resilience or mitigation project shall--
                  (A) provide, at the option of the resident, a 
                suitable and habitable housing unit that is, 
                with respect to the housing unit from which the 
                resident is displaced--
                          (i) of a comparable size;
                          (ii) located in the same local 
                        community or a community with reduced 
                        hazard risk; and
                          (iii) offered under similar costs, 
                        conditions, and terms;
                  (B) ensure that property acquisitions 
                resulting from the displacement and made in 
                connection with the resilience or mitigation 
                project--
                          (i) are deed restricted in perpetuity 
                        to preclude future property uses not 
                        relating to mitigation or resilience; 
                        and
                          (ii) are the result of a voluntary 
                        decision by the resident; and
                  (C) plan for robust public participation in 
                the resilience or mitigation project.

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                  DISASTER RECOVERY REFORM ACT OF 2018




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DIVISION D--DISASTER RECOVERY REFORM

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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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