[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).
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\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.
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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
* * * * * * *
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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