[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8462 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 8462
To safeguard taxpayer resources and strengthen the Nation's resilience
against severe storms and flooding.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 2020
Mr. Price of North Carolina (for himself and Mr. Zeldin) introduced the
following bill; which was referred to the Committee on Financial
Services, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To safeguard taxpayer resources and strengthen the Nation's resilience
against severe storms and flooding.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Resiliency and Taxpayer
Savings Act of 2020''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) floods are the most common natural disaster in the
United States, causing injuries, damage, and destruction in all
50 States since 2012;
(2) recent storms have strained the capacity of many local
and State governments to respond and recover, necessitating
significant increases in disaster assistance from the Federal
Government;
(3) the Congressional Budget Office has cautioned that U.S.
economic losses associated with heavy precipitation, storm
surges, and hurricane winds could average $54 billion every
year and require Federal spending averaging $17 billion per
year;
(4) according to the Federal Emergency Management Agency,
nearly 250 weather-related disasters in the United States have
caused at least $1 billion in damage each since 1980;
(5) since 2005 alone, Federal funding for disaster
assistance has exceeded $450 billion, including over $19
billion in supplemental appropriations signed into law in June
of 2019;
(6) after reviewing just a portion of the Federal
Government property inventory, the Office of Management and
Budget identified significant flood risks, including more than
$80 billion in Federal assets located in designated flood
zones;
(7) a 2017 study of Federal mitigation grants conducted by
National Institute of Building Sciences Multihazard Mitigation
Council demonstrated that mitigation investment can save the
Nation, on average, $6 in future disaster costs for every $1
spent on hazard mitigation; and
(8) the Government Accountability Office has recommended
that enhanced Federal and local efforts to improve resilience
can reduce the effects and costs of future disasters.
(b) Purpose.--It is the purpose of this Act--
(1) to improve the resiliency of communities and assets of
the Federal Government against flooding, thereby limiting
damage, reducing the need to rebuild after floods, and saving
taxpayer dollars; and
(2) provide a flexible framework for full consideration of
sensible resilience alternatives without requiring any specific
construction or mitigation methods.
SEC. 3. FLOOD RISK MANAGEMENT.
(a) Evaluation of Potential for Flooding.--When carrying out an
agency action involving a federally funded project, the head of each
agency shall evaluate the potential for flooding throughout the planned
lifetime or duration of the federally funded project to--
(1) reduce the risk of financial and property losses,
including taxpayer losses resulting from floods;
(2) take practicable steps toward ensuring that Federal
resources will be allocated to structures and projects that
will remain flood resistant throughout their intended design
life;
(3) preserve and utilize, to the extent reasonable, the
capacity of natural systems to protect against the damages of
flooding;
(4) prevent, to the extent possible, the disruption of
critical services during flood events, including the closure of
strategic transportation routes, inaccessibility of health care
facilities, or loss of power or essential water and wastewater
services; and
(5) minimize the impact of current and future floods on
human safety, health, and welfare.
(b) Determination Regarding Siting in Floodplain.--In carrying out
the review of agency actions required under Executive Order 11988 (42
Fed. Reg. 26951; relating to floodplain management), the head of each
agency shall determine whether the federally funded project (as such
term is defined in subsection (e)) under review is sited in a
floodplain currently or is expected to lie within or take place in a
floodplain during the expected duration or design life of the project,
taking into consideration--
(1) the most recent flood insurance rate map published by
the Administrator of the Federal Emergency Management Agency
for the community in which the project shall take place,
including preliminary and advisory maps prepared by the
Administrator;
(2) relevant and available assessments of future flooding
vulnerabilities conducted or used by the agency, other
agencies, or State or local governments;
(3) additional available information regarding expected
future conditions, including changes in land use, watershed
characteristics, and infrastructure; and
(4) additional available hydrologic and hydraulic data from
public and private sources regarding current and future flood
risk, including information on expected changes in
precipitation patterns, erosion, and sea level.
(c) Alternate Design Levels for Resilient Infrastructure.--If,
after considering the available information required under subsection
(b), the head of an agency determines that such information is not
adequate or sufficiently credible to understand and characterize
current and future flood risks to the project, the head of the agency
shall use the following design standards in evaluating resilience for
or alternatives to the investment:
(1) Non-critical projects.--If the project under review is
not considered critical, the head of the agency shall assume,
at a minimum, that flood heights would be expected to be 2 feet
higher than the base flood elevation for the current 1 percent
annual chance flood or the flood elevation for the current 0.2
percent annual chance flood, whichever is greater.
(2) Critical projects.--If the project under review is
considered critical, the head of the agency shall assume, at a
minimum, that flood heights would be expected to be 3 feet
higher than the base flood elevation for the current 1 percent
annual chance flood or 1 foot higher than the flood elevation
for the current 0.2 percent annual chance flood, whichever is
greater.
(3) Resilience standard.--In evaluating resilience options,
the flood heights specified in preceding paragraphs shall
establish a standard design level to which a structure or
facility evaluated under this subsection shall be made
functionally resilient. This may include using structural or
nonstructural methods to reduce or prevent damage, elevating a
structure, or where appropriate, designing it to adapt to,
withstand, and rapidly recover from the corresponding flood
event.
(4) Alternatives.--In evaluating alternatives, including
alternative sites and designs, the head of the agency shall
fully consider the ability of natural systems and nature-based
processes to achieve or support flood risk reduction and cost
savings over the long term.
(d) Guidelines for Agencies.--
(1) Guidelines.--Agencies shall amend their regulations and
procedures to incorporate the resilience standards established
under subsections (b) and (c) to establish new flood risk
management standards. Agency standards shall, at a minimum,
incorporate provisions to implement subsection (a) and shall
require that the construction of Federal structures and
facilities and construction of structures and facilities using
Federal funds be in accordance with the standards and criteria
established under subsections (b) and (c) and comply with
applicable State, local, tribal, and territorial standards that
exceed Federal standards and criteria. Such standards shall be
consistent with the purposes of the National Flood Insurance
Program.
(2) Issuance.--Not later than the expiration of the 18-
month period beginning on the date of the enactment of this
Act, the Federal Interagency Floodplain Management Task Force
shall issue guidelines to be used by agencies in meeting the
requirements of this Act.
(3) Required content.--At a minimum, such guidelines
shall--
(A) establish appropriate tracking and reporting
procedures for agencies to follow;
(B) establish limits on the extent to which
exceptions for a particular agency may be allowed in
cases in which an exception is in the interest of
national security, is deemed to be an emergency action,
or is determined to present a conflict with other
existing statutory requirements.
(4) Other content.--Such guidelines may also identify cases
in which an agency may conduct a general review of types of
projects that are similar or cases in which projects are of a
limited duration or de minimis expenditure that would allow for
expedited review.
(5) Consultation.--In developing such guidelines, the
Federal Interagency Floodplain Management Task Force shall
consult with States, localities, Indian tribes, and other
relevant stakeholders through listening sessions and may issue
final guidelines only after an opportunity for public review
and comment.
(6) Report to congress.--
(A) Requirement.--Not later than the expiration of
the 2-year period beginning on the date of the
enactment of this Act and not less often than annually
thereafter, the Federal Interagency Floodplain
Management Task Force shall submit a report to the
Committees on Transportation and Infrastructure and
Financial Services of the House of Representatives and
the Committees on Homeland Security and Governmental
Affairs and Banking, Housing, and Urban Affairs of the
Senate regarding compliance by agencies with the
requirements of this Act.
(B) Contents.--Each report submitted pursuant to
subparagraph (A) shall include information sufficient
to describe--
(i) the number, types, and outcomes of
reviews conducted by individual agencies;
(ii) any rulemakings, or policy or
procedural changes made by agencies to ensure
compliance with this Act; and
(iii) any recommendations of the Federal
Interagency Floodplain Management Task Force
regarding improvements to enhance resilience
from flooding and steward Federal resources.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Agency.--The term ``agency'' has the meaning given such
term in Executive Order 11988 (42 Fed. Reg. 26951; relating to
floodplain management), except that such term does not include
any military department other than the Army Corps of Engineers.
(3) Critical.--The term ``critical'' means, with respect to
a project of an agency, any project with respect to which the
head of the agency determines that a slight chance of flooding
would present an unacceptable amount of risk, as such term is
defined in section 9.4 of title 44, Code of Federal
Regulations.
(4) Federally funded project.--The term ``federally funded
project'' means a project for which Federal funds are used for
purposes of managing, acquiring, or disposing of Federal lands
or assets and, with respect to a structure or facility, for new
construction, for substantial improvement, or to address
substantial damage. Such term does not include the making,
insuring, guaranteeing, or securitizing of residential mortgage
loans for single-family or multifamily housing.
(5) Federal interagency floodplain management task force.--
The term ``Federal Interagency Floodplain Management Task
Force'' means the interagency body that--
(A) was established in 1975;
(B) has been responsible for preparing reports and
guidance for a comprehensive, coordinated approach to
floodplain management;
(C) is chaired by the Federal Emergency Management
Agency; and
(D) includes membership from multiple agencies,
including the Army Corps of Engineers, the Department
of Agriculture, the Department of Housing and Urban
Development, and the Department of Commerce.
(6) Resilience.--The term ``resilience'' means the ability
to anticipate, prepare for, and adapt to changing conditions
and withstand and rapidly recover from disruption due to
emergencies.
(7) Substantial improvement; substantial damage.--The terms
``substantial improvement'' and ``substantial damage'' mean
substantial improvement and substantial damage, respectively,
to the extent described in section 1307(a)(2)(E) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(2)(E)).
(f) Applicability.--This Act shall not apply to any federally
funded project that has been reviewed for compliance with Executive
Order 11988 and approved by the appropriate agency before the date of
the enactment of this Act.
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