[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6396 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6396
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act with respect to hazard mitigation plans, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2022
Mr. Blumenauer (for himself, Ms. Barragan, Ms. Bonamici, Mr. Bowman,
Mr. Casten, Ms. Castor of Florida, Mr. Cleaver, Ms. DeGette, Ms.
DelBene, Mr. DeSaulnier, Mr. Doggett, Mr. Espaillat, Mr. Huffman, Ms.
Jayapal, Mr. Jones, Ms. Lee of California, Mr. Levin of California, Mr.
McNerney, Mr. Neguse, Ms. Newman, Ms. Norton, Ms. Omar, Mr. Panetta,
Mr. Schneider, Mr. Scott of Virginia, Mr. Soto, Mr. Swalwell, Ms.
Titus, Mr. Tonko, and Mrs. Watson Coleman) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act with respect to hazard mitigation plans, and for other
purposes.
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 ``Climate Risk and Emergency Support
In Livable Inclusive and Equitable Neighborhoods and Communities
Everywhere Act'' or the ``Climate RESILIENCE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the 2018 National Climate Assessment,
climate change due to global warming has caused, and is
expected to continue to cause, substantial interference with
and growing losses to human health and safety, infrastructure,
property, industry, recreation, natural resources, agricultural
systems, and quality of life in the United States.
(2) According to the National Oceanic and Atmospheric
Administration, climate change is already increasing the
frequency and severity of extreme weather and other climate-
related disasters, including drought, wildfire, and storms that
include precipitation.
(3) According to the National Oceanic and Atmospheric
Administration, in 2020, there were a record 22 weather and
climate disasters costing $1,000,000,000 or more across the
country, shattering the prior annual record of 16. These events
totaled $95,000,000,000 in damages.
(4) Since 2015, the United States has experienced more than
81 individual disasters, amounting to $630,200,000,000 in
economic losses, and close to 4,000 deaths.
(5) Researchers have found that Black, Latino, and low-
income families are more likely to live in high-risk areas like
flood zones, less likely to have money to harden infrastructure
and homes in advance of disasters, and less likely to receive
assistance during recovery periods.
(6) According to Dr. Beverly Wright and Dr. Robert Bullard,
``environmental and public health threats from natural and
human-made disasters are not randomly distributed, affecting
some communities more than others'', and therefore our response
to disasters necessitates the adoption of policies and
processes rooted in principles of racial equity, self-
determination, and democracy.
(7) Research from the University of Colorado shows that the
top 10 percent of disaster hotspots account for about 30
percent of the contiguous United States but are home to nearly
60 percent of buildings in the country.
(8) According to testimony in November 2017 from former
Federal Emergency Management Agency Administrator Brock Long,
``I cannot overstate the importance of focusing on investing in
mitigation before a disaster strikes. Building more resilient
communities is the best way to reduce risks to people,
property, and taxpayer dollars.''.
(9) The Government Accountability Office found that the
Federal Emergency Management Agency spends 88 percent of its
budget on postdisaster mitigation.
(10) For fiscal year 2020 grant application cycle, the
Federal Emergency Management Agency received nearly
$4,000,000,000 in applications for their grant programs.
However, in fiscal year 2020, the Federal Emergency Management
Agency only made $700,000,000 available for predisaster
mitigation.
(11) Public-sector investment in mitigation since 1995 by
the Federal Emergency Management Agency and the Housing and
Urban Development Agency cost the country $27,000,000,000 but
is projected to save $160,000,000,000, totaling $6 saved per $1
invested.
(12) The United States has an opportunity to use disaster
mitigation to minimize risk, improve resiliency, and address
social problems.
SEC. 3. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended--
(1) in paragraph (2) by inserting ``extreme temperature
event, including heat wave or freeze,'' after ``snowstorm'';
and
(2) by adding at the end the following:
``(13) Resilience.--Except as otherwise provided, the term
`resilience' means the ability to prepare for and adapt to
changing conditions and withstand and recover rapidly from
disruptions, including the ability--
``(A)(i) to resist hazards or withstand impacts
from a weather event or major disaster; or
``(ii) to reduce the magnitude or duration of
impacts of a disruptive weather event or major disaster
on a project; and
``(B)(i) to assess and understand current risk to
extreme weather and major disasters, as well as the
potential for changing risk over time;
``(ii) to improve the community's capacity to
lessen its risk by planning for and adapting to
changing conditions; and
``(iii) to achieve equitable outcomes through risk
management and protect the safety and well-being of an
entire community, including its most vulnerable
populations.''.
SEC. 4. FEDERAL AND STATE PREPAREDNESS AND MITIGATION ASSISTANCE.
Section 201 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131) is amended by adding at the end the
following:
``(e) Uses of Funds.--A State that receives a grant under this
section may also use grant funds for other purposes, including--
``(1) to weatherize and retrofit building structures,
including the installation of heat pumps, air conditioners, and
air filtration or ventilation systems in a way that is cost
effective and reduces the risk of damage from further
disasters;
``(2) to reduce the impacts of extreme temperatures,
including by improving building insulation in a way that is
cost effective and reduces the risk of damage from further
disasters;
``(3) to increase or enhance natural climate resilient
infrastructure, including urban tree canopy, green space,
functioning floodplains, creeks, streams, and wetlands, or
other mitigation activities that conserve or restore natural
features that can serve to abate or lessen the impacts of
future disasters;
``(4) to improve air quality and mitigate against wildfire
smoke or other air quality contaminants related to a major
disaster or emergency;
``(5) to provide financial and technical support to State,
local, and Indian Tribal health providers or organizations to
carry out community-led climate adaptations and interventions;
``(6) to provide disaster preparedness or community
emergency response team training to community-based
organizations and residents;
``(7) to develop emergency plans for disadvantaged
communities, including homeless residents, disabled residents,
children, the elderly, non-native English speakers, residents
lacking access to reliable transportation, and otherwise
disadvantaged communities, as well as pets and service animals;
``(8) to develop community climate resilient
infrastructure, including extreme weather or temperature
shelters, emergency transportation or mobility options, and
resilient community energy infrastructure;
``(9) to advise, plan, and implement for community
resilience and adaptation;
``(10) to develop and implement participatory processes
that allow for public engagement in determining and addressing
local risks and vulnerabilities;
``(11) to adopt and comply with the standards set forth in
section 406(e)(1)(A);
``(12) to improve the fire resistance of structures,
including homes, businesses, public buildings, and critical
facilities, as well as non-structures;
``(13) to improve the seismic resilience of structures,
including homes, businesses, public buildings, critical
facilities, critical systems such as sewage and water, as well
as non-structures; and
``(14) for other specific resilience activities determined
appropriate by the Administrator.
``(f) Collaboration.--In awarding grants under this section, the
Administrator shall coordinate with other relevant agencies, such as
the Department of Energy, the Department of Transportation, the
Department of Housing and Urban Development, and the Environmental
Protection Agency, as necessary, to improve collaboration for
activities described in subsection (e).''.
SEC. 5. PREDISASTER MITIGATION.
Section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Underserved community.--The term `underserved
community' means a community of 30,000 or fewer individuals
that is identified by the State as a rural community, and is
not a remote area within the corporate boundaries of a larger
city that--
``(A) is economically disadvantaged, by having an
average per capita annual income of residents not
exceeding 80 percent of national, per capita income,
based on best available data;
``(B) the local unemployment rate exceeds by 1
percentage point or more, the most recently reported,
average yearly national unemployment rate; and
``(C) any other factors identified in the State
Plan in which the community is located.
``(2) Disadvantaged community.--The term `disadvantaged
community' means a community, or a specific neighborhood within
a community, that is--
``(A) located in a census tract with a Centers for
Disease Control Social Vulnerability Index score of not
less than 0.7501;
``(B) comprised of residents having an average per
capita annual income not exceeding 80 percent of
national per capita income; or
``(C) otherwise determined by the Administrator
based factors such as percentage of homeless
population, demographic information such as race, age,
and disability, language composition, and
transportation access or type.
``(3) Private nonprofit organization.--The term `private
nonprofit organization' means any non-governmental agency or
entity that--
``(A)(i) currently has an effective ruling letter
from the Internal Revenue Service granting tax
exemption under section 501(c), (d), or (e) of the
Internal Revenue Code of 1986; or
``(ii) has satisfactory evidence from the State
that the organization or entity is a non-profit
organized or doing business under State law; and
``(B) meets any other criteria established by the
Administrator.'';
(2) in subsection (b) by inserting after ``assistance to
States and local governments'' the following: ``, or to a
private nonprofit organization, through a State, in the form of
grants under this section for carrying out mitigation
activities and'';
(3) in subsection (e)--
(A) in paragraph (1)(A) by striking ``principally''
and all that follows and inserting the following:
``principally--
``(i) to implement predisaster hazard
mitigation measures that will be cost-effective
and equitable long-term and provide enhanced
protection to the community, including
vulnerable residents, and are described in
proposals approved by the President under this
section; and
``(ii) to identify and provide financial
and non-financial technical assistance,
including non-financial and direct technical
assistance to underserved or disadvantaged
communities under this section;'';
(B) in paragraph (1)(B)--
(i) by inserting after ``may be used'' the
following: ``for purposes, including'';
(ii) by striking ``or'' at the end of
clause (ii);
(iii) by striking the period at the end of
clause (iii); and
(iv) by inserting at the end the following:
``(iv) to weatherize and retrofit building
structures, including the installation of heat
pumps, air conditioners, and air filtration or
ventilation systems in a way that is cost
effective and reduces the risk of damage from
further disasters;
``(v) to reduce the impacts of extreme
temperatures including by improving building
insulation in a way that is cost effective and
reduces the risk of damage from further
disasters;
``(vi) to increase or enhance natural
climate resilient infrastructure, including
urban tree canopy, increased green space, green
roofing, functioning floodplains, creeks,
streams, and wetlands, or other mitigation
activities that conserve or restore natural
features that can serve to abate or lessen the
impacts of future disasters;
``(vii) to improve air quality and mitigate
against wildfire smoke or other air quality
contaminants related to a major disaster or
emergency;
``(viii) to provide financial and technical
support to State, local, and Indian Tribal
health providers or organizations to carry out
community-led climate adaptations and
interventions;
``(ix) to develop and implement
participatory processes that allow for public
engagement in determining and addressing local
risks and vulnerabilities;
``(x) to develop emergency plans with input
from disadvantaged communities, including
consideration for homeless residents, disabled
residents, children, the elderly, non-native
English speakers, residents lacking access to
reliable transportation, and otherwise
disadvantaged communities, as well as pets or
service animals;
``(xi) to develop community climate
resilient infrastructure, including extreme
weather or temperature shelters, emergency
transportation or mobility options, and
resilient community energy infrastructure;
``(xii) to adopt and comply with standards
set forth in section 406(e)(1)(A);
``(xiii) to improve the fire resistance of
structures, including homes, businesses, public
buildings, and critical facilities, as well as
non-structures;
``(xiv) to improve the seismic resilience
of structures, including homes, businesses,
public buildings, critical facilities, critical
systems such as sewage and water, as well as
non-structures; and
``(xv) for other specific resilience
activities determined appropriate by the
Administrator.''; and
(C) by adding at the end the following:
``(3) Specific technical assistance.--The Administrator of
the Federal Emergency Management Agency shall provide financial
and non-financial technical assistance, including non-financial
direct technical assistance for grant applications, to
underserved communities and disadvantaged communities.'';
(4) in subsection (h) by striking paragraph (2) and
inserting the following:
``(2) Underserved communities and disadvantaged
communities.--Notwithstanding paragraph (1), the President
shall contribute 100 percent of the total cost of a mitigation
activity carried out in a underserved community or
disadvantaged community.''; and
(5) in subsection (i)(1)--
(A) by striking ``6 percent'' and inserting ``15
percent''; and
(B) by adding at the end the following: ``From such
total amount made available from the Disaster Relief
Fund, with respect to each major disaster, the
President may set aside 2 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 for community planning and capacity
building assistance.''.
SEC. 6. HAZARD MITIGATION PLANS.
(a) In General.--Section 322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5165) is amended--
(1) in subsection (c)(2) before the semicolon insert the
following: ``, including not conflicting with local plans, but
integrating State, local, and tribal planning''; and
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2), as
redesignated, the following:
``(1) Specifics in mitigation plans.--In conjunction with
subsection (a), not later than 5 years after the date of
enactment of this paragraph, each State, Indian Tribe, and
territory shall clarify and include in its mitigation plan--
``(A) identifying the extent to which resilience is
or will be incorporated into other mitigation planning
processes, including capital improvement budgets and
transportation planning processes;
``(B) goals and objectives related to increasing
resilience over a 5-year period, including benchmarks
for future work and an assessment of past progress;
``(C) the building codes in existence at the time
the plan is submitted and standards that are in use by
the State for all manner of planning or development
purposes and how the State has or will comply with the
standards set forth in section 406(e)(1)(A);
``(D) the use of nature-based solutions, including
urban tree canopy, increased green space, green
roofing, functioning floodplains, creeks, streams, and
wetlands, or other mitigation activities that conserve
or restore natural features that can serve to abate or
lessen the impacts of future major disasters;
``(E) integration of each local mitigation plan
with the State, Indian Tribe, or territory plan; and
``(F) the disparate impacts on disadvantaged
communities and how the State intends to address such
disparities.'';
(C) in paragraph (2), as redesignated, by inserting
``specific'' before ``mitigation''; and
(D) by adding at the end the following:
``(4) Guidance.--The Administrator of the Federal Emergency
Management Agency shall issue specific guidance on resilience
goals and provide technical assistance for States, Indian
Tribes, and territories to meet such goals.
``(5) Reporting.--Not less than every 5 years, the
Administrator shall report the progress of meeting the goals
under this section to the Committees on Homeland Security,
Financial Services, and Transportation and Infrastructure of
the House of Representatives.''.
(b) Adequate Staffing.--The Administrator of the Federal Emergency
Management Agency shall ensure that ample staff are available to
develop the guidance and technical assistance under section 322(e)(4)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
including hazard mitigation planning staff and personnel with expertise
in community planning, land use development, and consensus based codes
and hazard-resistant designs at each regional office that specifically
focus on providing financial and non-financial direct technical
assistance to States, Indian Tribes, and territories.
SEC. 7. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES.
Section 323(a)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165a(a)(1)) is amended--
(1) in subsection (a)(1)--
(A) by striking ``applicable'' the second time it
appears and inserting ``the latest published editions
of relevant consensus-based codes, specifications, and
standards that incorporate the latest hazard-resistant
designs''; and
(B) by adding before the period the following: ``,
including hazard-resistant designs''; and
(2) by adding at the end the following:
``(c) Guidance.--The Administrator of the Federal Emergency
Management Agency shall provide guidance to implement the latest
published editions of relevant consensus-based codes, specifications,
and standards that incorporate the latest hazard-resistant designs.''.
SEC. 8. GENERAL FEDERAL ASSISTANCE.
Section 402(5) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a(5)) is amended by striking
``building code'' and inserting ``the latest editions of relevant
consensus-based building codes, specifications, and standards that
incorporate the latest hazard-resistant designs,''.
SEC. 9. HAZARD MITIGATION.
Section 404(f) of the Robert T. Stafford Disaster Relief and
emergency Assistance Act (42 U.S.C. 5179c) is amended--
(1) in paragraph (13) by striking ``and'';
(2) in paragraph (14) by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(15) to the extent practicable, to comply with the
standards set forth in section 406(e)(1)(A);
``(16) to assist in the abatement of lead, mold, mildew,
radon, asthma, and allergen triggers or other pollutants and
hazardous materials directly caused by a major disaster or
emergency, or as directed by the Administrator;
``(17) to improve air quality and mitigate against wildfire
smoke or other air quality contaminants related to a major
disaster or emergency, or as directed by the Administrator;
``(18) to the extent practicable to improve the fire
resistance of structures, including homes and public buildings;
``(19) to improve the seismic resilience of structures,
including homes, public buildings, non-profit facilities, and
infrastructure, including roads, bridges, and critical systems
such as sewage and water;
``(20) to the extent practicable, for the replacement of
mobile homes, travel trailers, and manufactured homes that
serve as affected individuals' primary residences that were
damaged or destroyed by a major disaster or emergency,
including by partnering with State and local housing agencies
and non-profits to reduce the time or cost required to
implement housing solutions after a major disaster or emergency
as well as comply with the latest published editions of
relevant consensus-based codes, specifications, and standards
that incorporate the latest hazard-resistant designs; and
``(21) for other resilience activities as determined by the
Administrator.''.
SEC. 10. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
Section 406(c)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(c)(1)(B)) is amended--
(1) in subsection (a)(2)(D) by striking ``adopted building
codes'' and inserting ``the latest published editions of
relevant consensus-based codes, specifications, and standards
that incorporate the latest hazard-resistant designs and any
future higher standards for resistance to hazards of increasing
severity'';
(2) clause (ii) by striking ``or'';
(3) in clause (iii) by striking the period and inserting a
semicolon; and
(4) by adding at the end the following:
``(iv) to comply with the standards set
forth in subsection 406(e)(1)(A) and any future
higher standards for resistance to hazards of
increasing severity;
``(v) to assist in the abatement of lead,
mold, mildew, radon, asthma, and allergen
triggers or other pollutants and hazardous
materials directly caused by a major disaster
or emergency, or as directed by the
Administrator;
``(vi) to improve air quality and mitigate
against wildfire smoke or other air quality
contaminants related to a major disaster or
emergency, or as directed by the Administrator;
``(vii) to improve the fire resistance of
damaged facilities, including public facilities
and private non-profit facilities;
``(viii) to improve the seismic resistance
of damaged facilities, including public
facilities and private non-profit facilities;
and
``(ix) for other resilience activities as
determined by the Administrator.''.
SEC. 11. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(c)(2)) is amended by adding at the end
the following:
``(k) Additional Uses of Funds.--A recipient of assistance provided
under this paragraph, may use such assistance--
``(1) to improve compliance with the standards set forth in
section 406(e)(1)(A);
``(2) to assist in the abatement of lead, mold, mildew,
radon, asthma, and allergen triggers, or other pollutants and
hazardous directly caused by a major disaster or emergency, or
as directed by the Administrator;
``(3) to improve air quality and mitigate against wildfire
smoke or other air quality contaminants related to a major
disaster or emergency, or as directed by the Administrator;
``(4) to improve the fire resistance of structures;
``(5) to improve the seismic resilience of structures; and
``(6) for other resilience activities as determined by the
Administrator.''.
SEC. 12. REPORT TO CONGRESS AND UPDATE OF COST-EFFECTIVENESS
DETERMINATION.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Federal Emergency Management Agency
in coordination with the Director of the Office of Management and
Budget shall submit a report to the Committees on Homeland Security,
Financial Services, and Transportation and Infrastructure of the House
of Representatives regarding the challenges posed by the Agency's
requirements for determining the cost-effectiveness of mitigation
activities and specifically how such requirements may
disproportionately burden underserved or disadvantaged communities, or
specific vulnerable populations within communities.
(b) Update of Cost-Effectiveness Determination.--Not later than 2
years after the date of enactment of this Act or as soon as
practicable, the Administrator, to the extent practicable, shall update
the requirements for determining cost-effectiveness, including
selection of appropriate interest rates, based on the findings made
under subsection (a).
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