[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1105 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1105
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to require the President to establish an individual
household disaster mitigation program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2025
Mr. Thompson of California (for himself, Mr. LaMalfa, Mrs. Kim, Mr.
Obernolte, Mr. Valadao, Ms. Barragan, Ms. Brownley, Mr. Carbajal, Mr.
Carter of Louisiana, Mr. Case, Ms. Castor of Florida, Ms. Chu, Mr.
Cisneros, Mr. Costa, Mr. Fields, Ms. Lois Frankel of Florida, Mr.
Frost, Mr. Garamendi, Mr. Goldman of New York, Mr. Harder of
California, Mr. Huffman, Ms. Jacobs, Ms. Kamlager-Dove, Mr. Khanna, Mr.
Levin, Mr. Lieu, Ms. Matsui, Mrs. McIver, Mr. Moskowitz, Mr. Mullin,
Mr. Neguse, Ms. Norton, Mr. Panetta, Ms. Pettersen, Mr. Ruiz, Ms.
Schrier, Mr. Takano, Ms. Tlaib, Ms. Tokuda, Mrs. Torres of California,
Mr. Vasquez, and Mr. Whitesides) introduced the following bill; which
was referred to the Committee on Ways and Means, 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 amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to require the President to establish an individual
household disaster mitigation program, 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 ``Disaster Resiliency and Coverage Act
of 2025''.
SEC. 2. INDIVIDUAL HOUSEHOLD DISASTER MITIGATION PROGRAM.
(a) Establishment of Program.--Title II of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.)
is amended by adding at the end the following:
``SEC. 207. INDIVIDUAL HOUSEHOLD DISASTER MITIGATION PROGRAM.
``(a) Establishment.--The President shall establish a program to
provide grants to States and Indian tribal governments for qualifying
pre-disaster mitigation activities on individual residential households
that are at risk of being damaged by a major disaster.
``(b) Establishment of Eligible Disaster Areas.--In carrying out
the program under this section, the President shall--
``(1) establish eligible disaster areas, in consultation
with States, that the President determines to be at risk of a
natural hazard, including--
``(A) a description of the type, likelihood, and
severity of each potential natural hazard affecting
each such risk area; and
``(B) by taking into account previously declared
major disasters impacting such areas;
``(2) provide technical assistance to the States or Indian
tribal governments in developing the plan described in
subsection (c) and administering grants provided for individual
households under the program;
``(3) not less frequently than every 5 years, review and
update the eligible disaster areas that the President
determines to be at risk of a natural disaster, including a
description of the type and severity of each potential natural
disaster affecting each such risk area; and
``(4) consult with relevant governmental and
nongovernmental experts in order to ensure that such
determinations are made using current scientific standards and
tools available in establishing, reviewing, and updating the
eligible disaster areas that the President determines to be at
risk of a natural disaster.
``(c) Plan for Eligible Activities.--To be eligible for a grant
under this section, a State or Indian tribal government shall submit to
the President a plan that includes--
``(1) each disaster risk area established by the President
under subsection (b) in which the State or Indian tribal
government proposes to provide funds under the program;
``(2) an assessment of the availability and affordability
of homeowner insurance coverage in each such risk area,
including a breakdown of coverage offered by--
``(A) private insurance companies;
``(B) State residual markets; and
``(C) State and Federal insurance programs;
``(3) an analysis of factors that may be adversely
impacting insurance availability and affordability;
``(4) a list of each qualifying mitigation activity that is
eligible for funds in each such risk area;
``(5) the criteria by which a State or Indian tribal
government will evaluate applicants, which shall include
consideration of the household income of the applicant and
whether the residence is located in a Community Disaster
Resilience Zone; and
``(6) a financial plan that includes maximum amounts
available to a household for each qualifying mitigation
activity.
``(d) Consultation.--In establishing the program under this
section, the President, acting through the Administrator of the Federal
Emergency Management Agency and the Director of the Federal Insurance
Office, shall consult with the chief insurance regulators from the 50
States, the District of Columbia, and the territories of the United
States, insurance industry stakeholders, including insurers,
reinsurers, agents, brokers, and insurance-funded research
organizations, and consumer and environmental stakeholders to determine
what qualifying mitigation activities are likely to incentivize the
availability and purchase of residential property insurance and other
financial risk transfer mechanisms in eligible disaster areas.
``(e) Limitations.--
``(1) High-risk areas.--Funds provided under this section
may only be used in eligible disaster areas that the State or
Indian tribal government determines are at a high risk of
experiencing a major disaster for the major disaster that
presents such a risk.
``(2) Limitation based on adjusted gross income.--An
individual shall not be eligible to receive a grant under this
section if the adjusted gross income of such individual exceeds
$250,000 ($500,000 in the case of a joint tax return) for the
taxable year ending in the calendar year immediately preceding
the calendar year with respect to which a grant application is
filed.
``(3) Definition of adjusted gross income.--In this
section, the term `adjusted gross income' has the meaning given
such term in section 62(a) of the Internal Revenue Code of
1986.
``(f) Multi-Tiered Mitigation Standards.--
``(1) In general.--The President, acting through the
Administrator of the Federal Emergency Management Agency, shall
establish mitigation standards for individual households that
carry out each type of qualifying mitigation activity eligible
for funds under the program, which may include a multi-tiered
standard.
``(2) Consideration.--In establishing the mitigation
standards under paragraph (1), the President, acting through
the Administrator--
``(A) shall consider any standards established by--
``(i) the Insurance Institute for Business
and Home Safety;
``(ii) the chief insurance regulators from
the 50 states, the District of Columbia, and
the territories of the United States; and
``(iii) any other standard-issuing entity
determined appropriate; and
``(B) may--
``(i) adopt a standard considered under
subparagraph (A); or
``(ii) establish alternative standards.
``(g) Guidance to Insurance Providers.--To be eligible for a grant
under the program under this section, a State or Indian tribal
government shall establish, and make available to the public, guidance
to insurance providers and consumers that includes suggested incentives
for households that carry out disaster mitigation activities under the
program, including--
``(1) the mitigation standards established under subsection
(f);
``(2) increased consumer coverage choice; and
``(3) actuarially supported favorable pricing benefits such
as discounts, rebates, or premium credits.
``(h) Maximum Amounts.--A State or Indian tribal government may not
provide more than an amount of $10,000, not to exceed the actual cost
of mitigation activities, to any individual household under the
program. Such amount shall be increased yearly to reflect any increase
in the Consumer Price Index.
``(i) Definition of Qualifying Mitigation Activity.--In this
section, the term `qualifying mitigation activity' means an activity
relating to a housing unit--
``(1) for property to--
``(A) improve the strength of a roof deck
attachment;
``(B) create a secondary water barrier to prevent
water intrusion or mitigate against potential water
intrusion from wind-driven rain;
``(C) improve the durability, impact resistance
(not less than class 3 or 4 rating), or fire resistance
(not less than class A rating) of a roof covering;
``(D) brace gable-end walls;
``(E) reinforce the connection between a roof and
supporting wall;
``(F) protect openings from penetration by wind-
borne debris;
``(G) protect exterior doors and garages from
natural hazards;
``(H) complete measures contained in the
publication of the Federal Emergency Management Agency
entitled `Wind Retrofit Guide for Residential
Buildings' (P-804);
``(I) elevate the qualified dwelling unit, as well
as utilities, machinery, or equipment, above the base
flood elevation or other applicable minimum elevation
requirement;
``(J) seal walls in the basement of the qualified
dwelling unit using waterproofing compounds; or
``(K) protect propane tanks or other external fuel
sources;
``(2) to install--
``(A) check valves to prevent flood water from
backing up into drains;
``(B) flood vents, breakaway walls or open lattice
for homes located in V zones;
``(C) a stormwater drainage system or improve an
existing system;
``(D) natural or nature-based features for flood
control, including living shorelines;
``(E) roof coverings, sheathing, flashing, roof and
attic vents, eaves, or gutters that conform to
ignition-resistant construction standards;
``(F) wall components for wall assemblies that
conform to ignition-resistant construction standards;
``(G) a wall-to-foundation anchor or connector, or
a shear transfer anchor or connector;
``(H) wood structural panel sheathing for
strengthening cripple walls;
``(I) anchorage of the masonry chimney to the
framing;
``(J) prefabricated lateral resisting systems;
``(K) a standby generator system consisting of a
standby generator and an automatic transfer switch;
``(L) a storm shelter that meets the design and
construction standards established by the International
Code Council and the National Storm Shelter Association
(ICC-500), or a safe room that satisfies the criteria
contained in--
``(i) the publication of the Federal
Emergency Management Agency entitled `Safe
Rooms for Tornadoes and Hurricanes' (P-361); or
``(ii) the publication of the Federal
Emergency Management Agency entitled `Taking
Shelter from the Storm' (P-320);
``(M) a lightning protection system;
``(N) exterior walls, doors, windows, or other
exterior dwelling unit elements that conform to
ignition-resistant construction standards;
``(O) exterior deck or fence components that
conform to ignition-resistant construction standards;
``(P) structure-specific water hydration systems,
including fire mitigation systems such as interior
sprinkler systems;
``(Q) flood openings for fully enclosed areas below
the lowest floor of the dwelling unit;
``(R) lateral bracing for wall elements, foundation
elements, and garage doors or other large openings to
resist seismic loads; or
``(S) automatic shutoff valves for water and gas
lines;
``(3) for services or equipment to--
``(A) create buffers around the qualified dwelling
unit through the removal or reduction of flammable
vegetation, including vertical clearance of tree
branches;
``(B) create buffers around the dwelling unit
through--
``(i) the removal of exterior deck or fence
components or ignition-prone landscape
features; or
``(ii) replacement of the components or
features described in clause (i) with
components or features that conform to
ignition-resistant construction standards;
``(C) perform fire maintenance procedures
identified by the Federal Emergency Management Agency
or the United States Forest Service, including fuel
management techniques such as creating fuel and fire
breaks; or
``(D) replace flammable vegetation with less
flammable species;
``(4) for property relating to satisfying the standards
required for receipt of a FORTIFIED designation from the
Insurance Institute for Business and Home Safety, provided that
the qualified dwelling unit receives such designation following
installation of such property;
``(5) for property relating to satisfying the standards
required for receipt of a Wildfire Prepared Homes designation
from the Insurance Institute for Business and Home Safety,
provided that the qualified dwelling unit receives such
designation following installation of such property; or
``(6) for any other hazard mitigation activity identified
by the President, in consultation with the Administrator of the
Federal Emergency Management Agency and the hazard mitigation
advisory committee established in subsection (k), for
mitigation of a natural hazard.
``(j) Hazard Mitigation Advisory Committee.--The President shall
establish a hazard mitigation advisory committee that shall--
``(1) consist of 50 representatives, including
representatives from--
``(A) the State Insurance Commissioners;
``(B) private insurance companies;
``(C) private reinsurance companies;
``(D) insurance broker companies;
``(E) insurance-funded research organizations;
``(F) consumer advocate organizations;
``(G) State, local, and tribal firefighting
agencies;
``(H) State-sponsored insurance plans;
``(I) realtor associations;
``(J) home builder associations;
``(K) State, local, and tribal emergency
responders;
``(L) State and tribal emergency managers;
``(M) State and tribal hazard mitigation officers;
``(N) relevant academic experts;
``(O) building code associations;
``(P) agricultural groups; and
``(Q) environmental organizations; and
``(2) advise the President on developments in emerging
hazard mitigation research and testing and recommend additions
to the qualified hazard mitigation activities eligible under
this program, including reviewing the effectiveness of hazard
mitigation systems, products, and designations submitted to the
advisory committee by private or nongovernmental companies or
organizations.
``(k) Rules of Construction.--Nothing in this Act shall--
``(1) require a State or any other entity to base the
assessment of the status of the availability of homeowner
insurance coverage required under subsection (c)(2) on data not
already collected by that entity absent this requirement; and
``(2) be construed to preempt the State regulation of the
business of insurance or require, by the Federal Government or
any State government, any insurance provider to alter the
underwriting, pricing, and distribution of insurance.''.
(b) Tax Treatment of Individual Household Disaster Mitigation
Program.--
(1) In general.--Section 139 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (h) as
subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Individual Household Disaster Mitigation Program.--Gross
income shall not include amounts received under section 207 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act.''.
(2) Effective date.--The amendment made by this subsection
shall apply to amounts received after the date of the enactment
of this Act.
SEC. 3. EXCLUSION OF AMOUNTS RECEIVED FROM STATE-BASED CATASTROPHE LOSS
MITIGATION PROGRAMS.
(a) In General.--Section 139 of the Internal Revenue Code of 1986,
as amended by the preceding provisions of this Act, is amended by
redesignating subsection (i) as subsection (j) and by inserting after
subsection (h) the following new subsection:
``(i) State-Based Catastrophe Loss Mitigation Programs.--
``(1) In general.--Gross income shall not include any
amount received by an individual as a qualified catastrophe
loss mitigation payment under a program established or
administered by a State, or a political subdivision or
instrumentality thereof, for the purpose of making such
payments.
``(2) Qualified catastrophe loss mitigation payment.--For
purposes of this section, the term `qualified catastrophe loss
mitigation payment' means any amount which is received by an
individual to make improvements to such individual's residence
for the sole purpose of hazard mitigation with respect to such
residence.
``(3) No increase in basis.--Rules similar to the rules of
subsection (g)(3) shall apply in the case of this
subsection.''.
(b) Conforming Amendments.--
(1) Section 139(d) is amended by striking ``and qualified''
and inserting ``, qualified catastrophe mitigation payments,
and qualified''.
(2) Section 139(i) (as redesignated by subsection (a)) is
amended by striking ``or qualified'' and inserting ``,
qualified catastrophe mitigation payment, or qualified''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2025.
SEC. 4. EXCLUSION FROM GROSS INCOME OF CERTAIN EMERGENCY AGRICULTURAL
ASSISTANCE.
(a) In General.--Section 139 of the Internal Revenue Code of 1986,
as amended by the preceding provisions of this Act, is amended by
redesignating subsection (j) as subsection (k) and by inserting after
subsection (i) the following new subsection:
``(j) Certain Agricultural Assistance.--For purposes of this
section, the term `qualified disaster relief payment' shall include any
assistance received under any of the following:
``(1) Assistance received under the Wildfires and
Hurricanes Indemnity Program Plus under subpart O of part 760
of title 7, Code of Federal Regulations.
``(2) Assistance received under section 1501 of the
Agricultural Act of 2014 (7 U.S.C. 9081).
``(3) Noninsured crop assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
``(4) Assistance under a food assistance program under part
9 of title 7, Code of Federal Regulations.
``(5) Assistance under title IV of the Agricultural Credit
Act of 1978 (16 U.S.C. 2201 et seq.).
``(6) Assistance under the Quality Loss Assistance
Program.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2025.
SEC. 5. CREDIT FOR DISASTER MITIGATION EXPENDITURES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 27 the following new section:
``SEC. 28. DISASTER MITIGATION EXPENDITURES.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to 30
percent of the expenditures paid for qualifying mitigation activities
paid or incurred by the taxpayer during such taxable year with respect
to real property owned or leased by the taxpayer.
``(b) Qualified Disaster Mitigation Activities.--For purposes of
this section--
``(1) Qualifying mitigation activity.--The term `qualifying
mitigation activity' has the meaning given such term in section
207(j) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
``(2) Treatment of reimbursements.--Any amount originally
paid or incurred by the taxpayer which is reimbursed by a State
under a qualified State disaster mitigation program shall be
treated as paid by such State (and not by such taxpayer).
``(c) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to expenditures made
in the ordinary course of the taxpayer's trade or business (or,
in the case of expenditures made by a State, would have been
expenditures made in the ordinary course of the taxpayer's
trade or business if made by the taxpayer) shall be treated as
a credit listed in section 38(b) for taxable year (and not
allowed under subsection (a)).
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.
``(d) Reduction of Credit Percentage Where Taxpayer Expenditures
Less Than 30 Percent.--
``(1) In general.--If the expenditure percentage with
respect to any item of expenditure described under subsection
(a) is less than 30 percent, subsection (a) shall be applied by
substituting `the expenditure percentage' for `30 percent' with
respect to such item of expenditure.
``(2) Expenditure percentage.--For purposes of this
section, the term `expenditure percentage' means, with respect
to any item of expenditure described under subsection (a) any
portion of which is paid or incurred by a State, the ratio
(expressed as a percentage) of--
``(A) the taxpayer's expenditure for such item,
divided by
``(B) the sum of the taxpayer's and such State's
expenditures for such item.
``(e) Special Rules.--
``(1) Treatment of expenditures related to marketable
timber.--An expenditure shall not be taken into account for
purposes of this section (whether made by the taxpayer or a
State) if such expenditure is properly allocable to timber
which is sold or exchanged by the taxpayer. The preceding
sentence shall not apply to the extent that such amount exceeds
the gain on such sale or exchange.
``(2) Basis reduction.--For purposes of this subtitle, if
the basis of any property would (but for this paragraph) be
determined by taking into account any expenditure described
under subsection (a), the basis of such property shall be
reduced by the amount of the credit allowed under subsection
(a) with respect to such expenditure (determined without regard
to subsection (c)).
``(3) Denial of double benefit.--The amount of any
deduction or other credit allowable under this chapter for any
expenditure for which a credit is allowable under subsection
(a) shall be reduced by the amount of credit allowed under such
subsection for such expenditure (determined without regard to
subsection (c)).''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (40), by striking the period
at the end of paragraph (41) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(42) the portion of the disaster mitigation expenditures
credit to which section 28(c)(1) applies.''.
(2) Section 1016(a) of such Code is amended by
redesignating paragraphs (35) through (38) as paragraphs (36)
through (39), respectively, and by inserting after paragraph
(34) the following new paragraph:
``(35) to the extent provided in section 28(e)(2),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 27 the following new item:
``Sec. 28. Qualified disaster mitigation expenditures.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after the date of the enactment
of this Act, in taxable years ending after such date.
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