[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4774 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4774
To direct the Administrator of the Federal Emergency Management Agency
to issue guidance on extreme temperature events and resilience goals,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2023
Mr. Blumenauer (for himself and Mrs. Gonzalez-Colon) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To direct the Administrator of the Federal Emergency Management Agency
to issue guidance on extreme temperature events and resilience goals,
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 ``Empowering Resilient Communities
Act''.
SEC. 2. DEFINITIONS.
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) Definition of High Need Community.--In this section, the term
`high need community' means a community, or a neighborhood within a
community, that is comprised of--
``(1) one or more areas with high individual hazard risk
rating, as defined in section 206 (d) (2), as amended by the
Community Disaster Resilience Zones Act of 2022 (PL 117-255).
``(2) not more than 10,000 individuals; or
``(3) is otherwise determined by the President; and
``(4) is not already covered by section 206, as amended by
Public Law 117-255.'';
(2) in subsection (g)(9) by striking ``small impoverished
communities'' and inserting ``high need communities''; and
(3) in subsection (h)(2)--
(A) in the heading by striking ``Small impoverished
communities'' and inserting ``High need communities'';
(B) by adding ``or benefiting'' after ``carried out
in''; and
(C) by striking ``small impoverished community''
and inserting ``high need community''.
SEC. 3. GUIDANCE ON EXTREME TEMPERATURE EVENTS.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Administration shall
issue guidance related to extreme temperature events, including heat
waves and freezes, and publish such guidance in the Federal Emergency
Management Administration Public Assistance Program and Policy Guide.
SEC. 4. HAZARD MITIGATION PLANS.
Section 322 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165) is amended--
(1) in subsection (a) by striking the period at the end and
inserting ``, including--
``(1) identifying the extent to which resilience is or will
be incorporated into other planning processes, including
community land use, economic development, capital improvement
budgets and transportation planning processes;
``(2) goals and objectives related to increasing resilience
over a 5-year period, including benchmarks for future work and
an assessment of past progress;
``(3) 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);
``(4) the use of nature-based solutions or other mitigation
activities that conserve or restore natural features that can
serve to abate or lessen the impacts of future disasters;
``(5) integration of each local mitigation plan with the
State, Indian Tribe, or territory plan; and
``(6) the disparate impacts on underserved communities (as
such term is defined in section 203(a)) and plans to address
any disparities.''; and
(2) by adding at the end the following:
``(f) Guidance.--The Administrator of the Federal Emergency
Management Agency shall issue specific guidance on resilience goals and
provide technical assistance for States, Indian Tribes, territories,
and local governments to meet such goals.
``(g) 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,
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.
``(h) Reporting.--Not less frequently than every 5 years, the
Administrator shall submit to Congress a report on the progress of
meeting the goals under this section.''.
SEC. 5. ADDITIONAL USES OF FUNDS.
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended by adding at the end the
following:
``(k) Additional Uses of Funds.--For State and local governments
that have exceeded, adopted, or are implementing the latest two
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, a recipient of
assistance provided under this paragraph may use such assistance in a
manner consistent with the standards set forth in clauses (ii) and
(iii) of section 406(e)(1)(A).''.
SEC. 6. COLLABORATION WITH OTHER AGENCIES.
In awarding grants under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Administrator of
the Federal Emergency Management Agency may coordinate with other
relevant agencies, including the Environmental Protection Agency, the
Department of Energy, the Department of Transportation, the Corps of
Engineers, the Department of Agriculture, and the Department of Housing
and Urban Development, as necessary, to improve collaboration for
eligible activities under the Act.
SEC. 7. GAO REPORTS.
(a) Extreme Temperature Events.--Not later than 1 year after the
date of enactment of this Act, and every 5 years thereafter, the
Comptroller General of the United States shall evaluate and issue to
Congress and the Federal Emergency Management Agency a report regarding
the impacts of extreme temperatures events on communities, the
challenges posed to the Federal Emergency Management Agency in
addressing extreme temperature events, and recommendations for the
Federal Emergency Management Agency to better provide assistance to
communities experiencing extreme temperature events. The report may
also include examples of specific mitigation and resilience projects
that communities may undertake, and the Federal Emergency Management
Agency may consider, to reduce the impacts of extreme temperatures on
and within building structures, participatory processes that allow for
public engagement in determining and addressing local risks and
vulnerabilities related to extreme temperatures events, and community
infrastructure, including heating or cooling shelters.
(b) Smoke and Indoor Air Quality.--Not later than 1 year after the
date of enactment of this Act, and every 5 years thereafter, the
Comptroller General shall evaluate and issue to Congress and the
Federal Emergency Management Agency a report regarding the impacts of
wildfire smoke and poor indoor air quality, the challenges posed to
Federal Emergency Management Agency in addressing wildfire smoke and
indoor air quality, and recommendations for the Federal Emergency
Management Agency to better provide assistance to communities and
individuals in dealing with wildfire smoke and indoor air quality.
SEC. 8. REPORT CONGRESS AND UPDATE OF COST EFFECTIVENESS DETERMINATIONS
AND DECLARATIONS.
(a) Report.--Not later than 2 years 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 to Congress a report regarding the challenges
posed by the Agency's requirements for declaring an incident or
determining the cost effectiveness of mitigation activities and
specifically how such requirements may disproportionately burden small
impoverished communities, or specific vulnerable populations within
communities.
(b) Update of Cost Effectiveness Determination.--Not later than 5
years after the date of enactment of this Act, the Administrator, to
the extent practicable, shall update the requirements for determining
cost effectiveness and declaring incidents, including selection of
appropriate interest rates, based on the findings made under subsection
(a).
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