[Senate Report 117-141]
[From the U.S. Government Publishing Office]


						       Calendar No. 479
117th Congress 		}			{	      Report
	                      SENATE                          
 2d Session             }                       {             117-141
_______________________________________________________________________

                                     

                                                      

            COMMUNITY DISASTER RESILIENCE ZONES ACT OF 2022

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 3875

            TO REQUIRE THE PRESIDENT TO DEVELOP AND MAINTAIN
             PRODUCTS THAT SHOW THE RISK OF NATURAL HAZARDS
            ACROSS THE UNITED STATES, AND FOR OTHER PURPOSES

		
		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               September 7, 2022.--Ordered to be printed
               			
               		        __________
               		              
               		        
               	    U.S. GOVERNMENT PUBLISHING OFFICE        
               
29-010			   WASHINGTON : 2022


               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
        

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
                     Laura W. Kilbride, Chief Clerk



                                                     Calendar No. 479
117th Congress        }                          {             Report
                                 SENATE
 2d Session           }                          {            117-141

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

 
            COMMUNITY DISASTER RESILIENCE ZONES ACT OF 2022

                                _______
                                

               September 7, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 3875]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 3875) to require 
the President to develop and maintain products that show the 
risk of natural hazards across the United States, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and recommends 
that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
 IV. Section-by-Section Analysis of the Bill, as Reported.............4
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............9

                         I. Purpose and Summary

    S. 3875, the Community Disaster Resilience Zones Act of 
2022, amends the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Stafford Act) by adding a requirement 
that the Federal Emergency Management Agency (FEMA) maintain 
and update an online natural hazard and social vulnerability 
data and mapping tool, similar to the National Risk Index (NRI) 
for natural hazards. The bill also requires FEMA to use the 
data and mapping tool to identify and designate community 
disaster resilience zones (CDRZ)--communities that are at the 
most risk and least likely to recover from natural hazards. The 
bill additionally requires FEMA to create an optional review 
process for the agency to certify mitigation projects submitted 
by communities that would be performed in a CDRZ. The bill also 
authorizes the FEMA Administrator to provide additional 
assistance for mitigation projects that reduce natural hazard 
risk in, or primarily benefiting, a CDRZ, including a cost 
share adjustment under FEMA's pre-disaster mitigation program.

              II. Background and Need for the Legislation

    Due to the increasing frequency and intensity of natural 
disasters, the federal government has played a growing role in 
response and recovery, including by appropriating billions of 
dollars annually for the federal government's primary emergency 
response fund, the Disaster Relief Fund (DRF). Following the 
2005 Gulf Coast Hurricanes, DRF appropriations soared to an 
all-time high of over $90 billion.\1\ Major disasters have 
continued to increase in number and cost.\2\ According to a 
report by the National Institute for Building Sciences, every 
$1 spent on pre-disaster mitigation saves on average $6 in 
future disaster losses, ``in terms of safety, and preventing 
property loss and disruption of day-to-day life.''\3\ While in 
recent years both pre- and post-disaster mitigation funding 
have increased, available pre-disaster mitigation funding has 
fallen far short of demand. Stakeholders have also expressed 
concern that vulnerable communities face challenges accessing 
pre-disaster mitigation funding.\4\
---------------------------------------------------------------------------
    \1\Congressional Research Service, The Disaster Relief Fund: 
Overview and Issues (R45484) (Jan. 22, 2022).
    \2\National Oceanic and Atmospheric Administration, National 
Centers for Environmental Information, Billion-Dollar Weather and 
Climate Disasters (2022) (https://www.ncdc.noaa.gov/billions/).
    \3\National Institute of Building Sciences, National Hazard 
Mitigation Saves, 2019 Report (Dec. 2019) (http://2021.nibs.org/files/
pdfs/NIBS_MMC_MitigationSaves_2019.pdf).
    \4\Federal Emergency Management Agency, Building Resilient 
Infrastructure and Communities FY 2020 Subapplication Status (https://
www.fema.gov/grants/mitigation/building-resilient-infrastructure-
communities/after-apply/fy-2020-subapplication-status) (accessed May 
15, 2022); Federal Emergency Management Agency, Summary of Stakeholder 
Feedback: Building Resilient Infrastructure and Communities (BRIC) 
(Mar. 2020) (https://www.fema.gov/sites/default/files/2020-06/
fema_bric-summary-of-stakeholder-feedback-report.pdf); Congressional 
Research Service, FEMA Hazard Mitigation: A First Step Toward Climate 
Adaptation (R46989) (updated March 23, 2022).
---------------------------------------------------------------------------
    Starting in 2017, FEMA's Natural Hazards Risk Assessment 
Program (NHRAP) set out to provide communities with 
comprehensive, multi-hazard risk profiles based on an 
assessment of their natural hazards and existing risk 
factors.\5\ Continuing that effort, FEMA developed the National 
Risk Index (NRI), a dataset and online mapping tool that, for 
communities in the United States, visualizes natural hazard 
risk metrics based on 18 natural hazards, expected annual 
losses from natural hazards, social vulnerability, and 
community resilience.\6\ The NRI was designed and built by FEMA 
in close collaboration with various stakeholders and partners 
in academia, local, state and federal government, and private 
industry.
---------------------------------------------------------------------------
    \5\Federal Emergency Management Agency, National Risk Index 
(https://hazards.fema.gov/nri/behind-the-risk-index) (accessed May 15, 
2022).
    \6\Federal Emergency Management Agency, National Risk Index, Learn 
More (https://hazards.fema.gov/nri/learn-more) (accessed May 15, 2022).
---------------------------------------------------------------------------
    FEMA states that the NRI ``can support prioritizing 
resilience efforts.''\7\ A growing body of research has shown 
that vulnerable communities are the most impacted after a 
disaster. The 2020 report by FEMA's National Advisory Council 
stated:
---------------------------------------------------------------------------
    \7\Federal Emergency Management Agency, Fact Sheet: National Risk 
Index Overview (Aug. 2021). (https://www.fema.gov/sites/default/files/
documents/fema_national-risk-index_overview-fact-sheet.pdf); Federal 
Emergency Management Association, Natural Risk Index for Natural 
Hazards (https://www.fema.gov/flood-maps/products-tools/national-risk-
index) (accessed May 2020).

        [b]y perpetually assisting larger communities that 
        already have considerable resources, the smaller, less 
        resource-rich, less-affluent communities cannot access 
        funding to appropriately prepare for a disaster, 
        leading to inadequate response and recovery, and little 
        opportunity for mitigation.\8\
---------------------------------------------------------------------------
    \8\Federal Emergency Management Agency, National Advisory Council 
Report to the FEMA Administrator (Nov. 2020) (https://www.fema.gov/
sites/default/files/documents/fema_nac-report_11-2020.pdf) at 12.

    While FEMA currently makes the NRI available to the public, 
it does not use the vulnerability data contained within it to 
better target FEMA resources to locations with high 
vulnerability to natural hazards.
    To ensure FEMA continues to maintain and update the NRI, or 
a similar mapping tool, this bill codifies a natural hazard 
risk assessment program in the Stafford Act, and requires 
certain data upgrades to be made, such as incorporating 
changing climate data.
    By codifying a natural hazard risk assessment, this bill 
will ensure FEMA continues to make the NRI, or a similar tool, 
available to the public to easily assess a community's natural 
hazard risk and social vulnerability. The legislation will also 
direct FEMA to use the information in an online data and 
mapping tool to better target mitigation resources. Requiring 
FEMA to designate CDRZs will ensure it is able to help direct 
resources to the communities that need it most. Additionally, 
states and other partners involved in disaster mitigation will 
also be able to rely on the CDRZ designations to identify the 
nation's vulnerable areas.
    A CDRZ would be eligible for a cost share adjustment under 
FEMA's Building Resilient Infrastructure and Communities (BRIC) 
program, which is the agency's largest source of pre-disaster 
mitigation funding. The inability of underserved communities to 
afford pre-disaster mitigation projects has been a major 
barrier to undertaking projects, and this bill attempts to 
address that issue. This bill also directs FEMA to help CDRZ 
communities in the mitigation planning phases to help them 
understand the types of projects that would be helpful in 
minimizing natural hazard risk.
    Additionally, this bill requires FEMA to establish an 
optional application review process for states, local 
governments, and tribal governments that would like to 
undertake mitigation projects within a CDRZ. FEMA reviews 
projects and certifies them as resilience projects if they meet 
the following criteria: (1) meets or exceeds hazard-resistant, 
consensus-based codes, specifications, and standards; (2) is 
designed to reduce injuries, loss of life, and damage and 
destruction of property, such as damage to critical services 
and facilities; and (3) substantially reduces the risk of, or 
increases resilience to, future damage, hardship, loss, or 
suffering. This application process is not tied to BRIC or any 
other FEMA funding.
    Once FEMA has established the optional review process for 
certifying mitigation projects in CDRZ communities, that 
process can help both public and private entities drive 
investments into vetted, meaningful mitigation projects that 
reduce natural hazard risk, acting as a force multiplier of 
FEMA mitigation funding. Benefits that could build on this 
structure include tax incentives by the Internal Revenue 
Service for investing in certified mitigation projects in 
vulnerable communities that have been designated CDRZs.

                        III. Legislative History

    Senator Gary Peters (D-MI) introduced S. 3875, the 
Community Disaster Resilience Zones Act of 2022, on March 17, 
2022, with Senator Rob Portman (R-OH). The bill was referred to 
the Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 3875 at a business meeting on 
March 30, 2022. During the business meeting, a substitute 
amendment, as modified, was offered by Senator Peters. The 
modified amendment makes a number of changes based on feedback 
from FEMA and stakeholders, including changing the name of the 
natural hazard assessment tool, requiring FEMA to accept public 
input on the data and methodology of the assessment tool, 
adding data sets for FEMA to consult when updating the 
assessment tool, clarifying that a certification under this 
bill does not exempt a project from other requirements of law, 
and capping the cost share adjustment under BRIC to no more 
than 90 percent. The Peters substitute amendment, as modified, 
was adopted by voice vote en bloc with Senators Peters, Carper, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Paul, Lankford, Romney, 
Scott, and Hawley present.
    The Committee ordered the bill, as amended, reported 
favorably by voice vote en bloc with Senators Peters, Carper, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Paul, Lankford, Romney, 
Scott, and Hawley present.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section designates the name of the bill as the ``f.''

Section 2. Findings

    This section amends Section 101(b) of the Robert T. 
Stafford Relief and Emergency Assistance Act (Stafford Act) (42 
U.S.C. 5121(b)) by adding a new finding that states one of the 
intents of the Stafford Act is to provide an orderly and 
continuing means of federal assistance to state and local 
governments to alleviate the suffering and damage resulting 
from disasters by identifying and improving the climate and 
natural hazard resilience of vulnerable communities.

Section 3. Natural hazard risk assessment

    Subsection (a) adds a section 206 to Title II of the 
Stafford Act (42 U.S.C. 5131 et seq.).
    Section 206(a) defines the terms ``community disaster 
resilience zone'' and ``eligible entity.''
    Section 206(b) requires the President to continue to 
maintain a natural hazard risk assessment and mapping program 
that is available to the public.
    Section 206(c) describes the features that must be included 
in a natural disaster hazard risk assessment and mapping tool 
required under subsection (b).
    Section 206(d) requires the designation of Community 
Disaster Resilience Zones (CDRZ), as the communities most at 
risk as determined from the natural hazard assessment tool 
described in section 206(b). CDRZs will be the 50 census tracts 
assigned the highest individual hazard risk ratings and not 
less than 1 percent of census tracts of the total assigned a 
high risk rating in each state. High risk as currently defined 
in the NRI can include ``very high'' and ``relatively high.'' 
This section also requires the President to consider making 
CDRZ designations in coastal, inland, urban, suburban, and 
rural areas in order to achieve a geographic balance. Finally, 
the section requires a CDRZ designation to be effective for at 
least 5 years.
    Section 206(e) requires the review and update of any 
natural hazard risk assessment tool described in subsection (b) 
no later than 180 days after the enactment of this bill and not 
less frequently than every 5 years thereafter.
    Section 206(f) requires that as part of the updates 
required in subsection (e), the President consult with, at 
minimum, a list of specified department and agency heads on 
whether to include additional data to the natural hazard risk 
assessment tool regarding insights on climate change and past 
and future natural hazard risk.
    Section 206(g) gives the President the authority to 
increase the federal cost share through the Building Resilient 
Infrastructure and Communities (BRIC) program to not more than 
90 percent for mitigation or resilience projects that are 
within or primarily benefit a CDRZ.
    Section 206(h) authorizes the President to provide 
financial, technical, or other assistance for resilience or 
mitigation project planning assistance to an eligible entity 
that plans to perform a resilience or mitigation project 
within, or that primarily benefits, a CDRZ before the date on 
which the permanent work on the resilience or mitigation 
project begins.
    Section 206(i) gives the President the authority to review 
mitigation or resilience projects by eligible entities that are 
planned to be performed within, or primarily benefit, a CDRZ to 
determine if they meet certain evaluation criteria. If so, the 
mitigation or resilience project would become certified by the 
President.
    Subsection (b) provides that nothing in Section 206 of the 
Stafford Act, as added by this bill, shall be construed to 
prohibit the FEMA Administrator from using amounts available to 
maintain and update the NRI until either the date on which 
those amounts are transferred to another sources, or 3 years 
after the date of enactment of this bill, whichever occurs 
earlier.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 11, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3875, the Community 
Disaster Resilience Zones Act of 2022.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would
           Authorize the Federal Emergency Management 
        Agency (FEMA) to pay up to 90 percent of the total cost 
        of grants under the Building Resilient Infrastructure 
        and Communities (BRIC) program within designated 
        resilience zones
           Require FEMA to improve the National Risk 
        Index (NRI) and designate census tracts at the highest 
        risk of natural disasters as community disaster 
        resilience zones
    Estimated budgetary effects would mainly stem from
           Increasing the share of costs the federal 
        government would cover for certain types of disaster 
        relief
           Increasing administrative costs to improve 
        the NRI, identify community disaster resilience zones, 
        and administer BRIC grants
    Areas of significant uncertainty include
           Projecting total spending for federal 
        disaster assistance
           Predicting how much and how often FEMA would 
        raise the federal cost share for BRIC grants
    Bill summary: S. 3875 would codify the National Risk Index 
(NRI), a tool used to assess the vulnerability of communities 
to natural hazards, and the bill would require the Federal 
Emergency Management Agency (FEMA) to improve, update, and 
integrate the NRI into federal disaster relief programs. The 
bill would require FEMA to use NRI data to identify census 
tracts with the highest vulnerability ratings for natural 
disasters and designate those areas as community disaster 
resilience zones. In addition, for projects located within 
those zones, S. 3875 would authorize FEMA to use the Disaster 
Relief Fund (DRF) to increase the share the federal government 
covers for grants under the Building Resilient Infrastructure 
and Communities (BRIC) program. The bill would allow the 
federal contribution to rise from the current 75 percent to 90 
percent; state, local, and tribal governments would continue to 
fund the remainder of the grants.
    Estimated federal cost: The estimated budgetary effect of 
S. 3875 is shown in Table 1. The costs of the legislation fall 
within budget function 450 (community and regional 
development).

                                                    TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 3875
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2022   2023   2024   2025   2026   2027   2028   2029   2030   2031   2032  2022-2027  2022-2032
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Increases in Direct Spending
 
Estimated Budget Authority...........................      0      0      0      0      0      0      0      0      0      0      0         0          0
Estimated Outlays....................................      0      1      2      5      8     11     14     15     14     13     12        27         95
 
                                                     Increases in Spending Subject to Appropriation
 
Estimated Authorization..............................      0      1      1      1      1      1      1      1      1      1      1         3          7
Estimated Outlays....................................      0      *      1      1      1      1      1      1      1      1      1         3          7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted late in fiscal year 2022 and that FEMA 
would begin implementing its requirements in 2023. CBO's 
estimate of outlays in each year is based on historical 
patterns of spending for FEMA programs that provide grants for 
disaster mitigation.
    Direct spending: Under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, FEMA awards grants to 
state and local governments under the BRIC program to mitigate 
the effects of future disasters; those grants are funded from 
amounts set aside within the DRF.\1\ Under current law, the 
federal cost share covers 75 percent of eligible expenses and 
state, local, and tribal governments are responsible for the 
remaining 25 percent. In its current baseline projections, CBO 
estimates that federal and state spending for those projects 
will total $6.7 billion over the 2023-2032 period, of which 
FEMA will pay $5.3 billion.
---------------------------------------------------------------------------
    \1\Under current law, FEMA can set aside up to 6 percent of the 
estimated costs of assistance under the Stafford Act for the BRIC 
program. Since the program was established in 2018, FEMA has set aside 
more than $2 billion in DRF funding for mitigation projects, although 
most amounts have not yet been awarded. In 2022, FEMA has obligated 
about $100 million for the program.
---------------------------------------------------------------------------
    S. 3875 would require FEMA to use NRI data to identify 
census tracts with the highest vulnerability ratings for 
natural disasters and designate those areas as community 
disaster resilience zones. For communities located within those 
zones, S. 3875 would allow FEMA to increase the federal cost 
share--from the current 75 percent to 90 percent--for 
mitigation projects funded by BRIC grants.\2\ CBO expects that 
FEMA would designate the first zones early in 2023 and begin 
awarding higher cost shares in the same year.
---------------------------------------------------------------------------
    \2\FEMA covers 100 percent of management costs incurred by 
recipients of BRIC grants, which totaled about 15 percent of program 
spending in 2020. CBO has excluded those costs from this analysis 
because FEMA already provides the maximum amount.
---------------------------------------------------------------------------
    CBO expects that spending for BRIC grants would increase 
under the bill. The extent of that increase would depend on how 
often the agency would choose to increase the federal cost 
share. Under current law for the Public Assistance Program, the 
largest FEMA relief program, the agency can raise the share 
above 75 percent if the effects of a disaster are sufficiently 
severe--typically, if the per capita cost of the damage within 
a jurisdiction exceeds some specified amount. For the 125 major 
disasters declared in 2019 and 2020, for example, FEMA covered 
100 percent of costs for 4 percent of the disasters, 90 percent 
of costs for 7 percent, and the normal 75 percent of costs for 
the remainder.\3\ Under the expectation that FEMA would 
increase its share of costs at the same frequency as prior 
disasters, CBO estimates that under the bill the agency would 
cover 90 percent of costs for about 10 percent of all BRIC 
grants.
---------------------------------------------------------------------------
    \3\The federal government paid 100 percent of costs for another 59 
disasters declarations declared in response to the coronavirus 
pandemic. Because of the unusual nature of the pandemic, CBO excluded 
those costs from calculations for this estimate.
---------------------------------------------------------------------------
    On that basis, CBO estimates that enacting the bill would 
increase direct spending by $1 million in 2023, with that cost 
rising to $15 million in 2029 and declining thereafter. In 
total, CBO estimates, enacting the bill would increase direct 
spending by $95 million over the 2022-2032 period.
    Disaster assistance for programs authorized under the 
Stafford Act is paid from the DRF. Because S. 3875 would expand 
the use of previously appropriated balances from that fund, 
some of which CBO estimates would be unspent over the 2022-2032 
period, the bill would increase direct spending. That higher 
spending would be offset by reductions in spending after 2032.
    Spending subject to appropriation: In addition to codifying 
the NRI, S. 3875 would require FEMA to review the methodology 
for calculating risk scores for communities and census tracts 
covered by the NRI, gather public input, and incorporate 
additional data and metrics into the index. The bill would 
require an initial update of the NRI, and then again at five-
year intervals. On that schedule, using the NRI, FEMA would be 
required to designate as community disaster resilience zones 
the 50 census tracts nationwide assigned the highest 
vulnerability ratings and the top 1 percent of such tracts in 
each state.
    Currently, FEMA operates the NRI with 16 employees at a 
cost of $3 million annually. Under S. 3875, CBO expects, the 
agency would incur additional costs to integrate the index into 
the operations of BRIC and several other disaster relief 
programs authorized under the Stafford Act. Using information 
from FEMA, CBO expects that the agency would need four 
additional employees, at an average annual cost of $160,000 in 
2023, to implement the bill's requirements. After accounting 
for anticipated inflation, CBO estimates that those costs would 
total less than $1 million annually and $7 million over the 
2022-2032 period; any spending would be subject to the 
availability of appropriated funds.
    Uncertainty: This estimate is subject to considerable 
uncertainty. Because S. 3875 would increase the share of costs 
that the federal government could cover for mitigation grants, 
the cost of the legislation would principally depend upon how 
much FEMA allocates for the BRIC program and how often FEMA 
would raise the federal cost share for those grants.\4\ CBO's 
estimate of the bill's costs is informed by historical data 
about spending under other mitigation programs run by FEMA and 
the agency's decisions in response to past disasters, but the 
ultimate amounts that FEMA will cover are difficult to predict. 
Based on the needs of recipient communities in the future, if 
FEMA decided to increase or decrease the amounts allocated to 
the BRIC program--or the proportion of costs the federal 
government covers--spending under S. 3875 would, in turn, be 
higher or lower than CBO estimates.
---------------------------------------------------------------------------
    \4\The coronavirus pandemic resulted in a large amount of spending 
from the DRF that in turn increased the amount of funding set aside for 
the BRIC program. The Infrastructure Investment and Jobs Act authorized 
an additional $200 million annually over the 2022-2026 period for the 
program. As a result, CBO's projection of BRIC spending is elevated 
over most of the decade, increasing the estimated cost of the higher 
cost share authorized by S. 3875.
---------------------------------------------------------------------------
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in Table 1.
    Increase in long-term deficits: CBO estimates that enacting 
S. 3875 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2033.
    Mandates: None.
    Estimate prepared by: Federal Costs: Jon Sperl; Mandates: 
Rachel Austin.
    Estimate reviewed by: Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Robert T. Stafford Disaster 
Relief and Emergency Assistance Act''.

            TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS

SEC. 101. FINDINGS AND DECLARATIONS

    (a) * * *
    (b) It is the intent of the Congress, by this chapter, 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. NATUAL 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) to not more than 90 percent of the total cost of 
the resilience or mitigation project.
    (h) Resilience or Mitigation Project Planning Assistance.--
          (1) In general.--The President may provide financial, 
        technical, or other assistance under this title to an 
        eligible entity that plans to perform a resilience or 
        mitigation project within, or that primarily benefits, 
        a community disaster resilience zone.
          (2) Purpose.--The purpose of assistance provided 
        under paragraph (1) shall be to carry out activities in 
        preparation for a resilience or mitigation project or 
        seek an evaluation and certification under subsection 
        (i)(2) for a resilience or mitigation project before 
        the date on which permanent work of the resilience or 
        mitigation project begins.
          (3) Application.--If required by the President, an 
        eligible entity seeking assistance under paragraph (1) 
        shall submit an application in accordance with 
        subsection (i)(1).
          (4) Funding.--In providing assistance under paragraph 
        (1), the President may use amounts set aside under 
        section 203(i).
    (i) Community Disaster Resilience Zone Project 
Applications.--
          (1) In general.--If required by the President or 
        other Federal law, an eligible entity shall submit to 
        the President an application at such time, in such 
        manner, and containing or accompanied by such 
        information as the President may reasonably require.
          (2) Evaluation and certification.--
                  (A) In general.--Not later than 120 days 
                after the date on which an eligible entity 
                submits an application under paragraph (1), the 
                President shall evaluate the application to 
                determine whether the resilience or mitigation 
                project that the entity plans to perform 
                within, or that primarily benefits, a community 
                disaster resilience zone--
                          (i) meets or exceeds hazard-
                        resistant, consensus-based codes, 
                        specifications, and standards;
                          (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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