Text: H.R.3779 — 116th Congress (2019-2020)All Information (Except Text)

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Reported in House (09/04/2020)

 
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[H.R. 3779 Reported in House (RH)]

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                                                 Union Calendar No. 389
116th CONGRESS
  2d Session
                                H. R. 3779

                          [Report No. 116-486]

     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to allow the Administrator of the Federal Emergency 
Management Agency to provide capitalization grants to eligible entities 
 to establish revolving funds to provide assistance to reduce disaster 
                     risks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2019

Ms. Craig (for herself, Mr. Rodney Davis of Illinois, Ms. McCollum, Mr. 
Crawford, Mr. Kind, and Mr. Smith of Missouri) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

                           September 4, 2020

   Additional sponsors: Mr. Richmond, Ms. Titus, Ms. Finkenauer, Mr. 
 Pappas, Miss Gonzalez-Colon of Puerto Rico, Mr. Garamendi, Mr. Graves 
                     of Louisiana, and Mr. Lipinski

                           September 4, 2020

  Reported with an amendment; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               16, 2019]


_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to allow the Administrator of the Federal Emergency 
Management Agency to provide capitalization grants to eligible entities 
 to establish revolving funds to provide assistance to reduce disaster 
                     risks, 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 ``Resilience Revolving Loan Fund Act 
of 2019''.

SEC. 2. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION 
              REVOLVING LOAN FUNDS.

    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. 205 GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION 
              REVOLVING LOAN FUNDS.

    ``(a) General Authority.--
            ``(1) In general.--The Administrator may enter into 
        agreements with eligible entities to make capitalization grants 
        to such entities for the establishment of hazard mitigation 
        revolving loan funds (referred to in this section as `entity 
        loan funds') for providing funding assistance to local 
        governments to carry out eligible projects under this section 
        to reduce disaster risks for homeowners, businesses, nonprofit 
        organizations, and communities in order to decrease--
                    ``(A) the loss of life and property;
                    ``(B) the cost of insurance claims; and
                    ``(C) Federal disaster payments.
            ``(2) Agreements.--Any agreement entered into under this 
        section shall require the participating entity to--
                    ``(A) comply with the requirements of this section; 
                and
                    ``(B) use accounting, audit, and fiscal procedures 
                conforming to generally accepted accounting standards.
    ``(b) Application.--
            ``(1) In general.--To be eligible to receive a 
        capitalization grant under this section, an eligible entity 
        shall submit to the Administrator an application that includes 
        the following:
                    ``(A) Project proposals comprised of local 
                government hazard mitigation projects, on the condition 
                that the entity provides public notice not less than 6 
                weeks prior to the submission of an application.
                    ``(B) An assessment of recurring major disaster 
                vulnerabilities impacting the entity that demonstrates 
                an escalating risk to life and property.
                    ``(C) A description of how the hazard mitigation 
                plan of the entity has or has not taken the 
                vulnerabilities described in paragraph (2) into 
                account.
                    ``(D) A description about how the projects 
                described in paragraph (1) could conform with the 
                hazard mitigation plans of the entity and local 
                governments.
                    ``(E) A proposal of the systematic and regional 
                approach to achieve resilience in a vulnerable area, 
                including impacts to river basins, river corridors, 
                watersheds, estuaries, bays, coastal regions, micro-
                basins, micro-watersheds, ecosystems, and areas at risk 
                of earthquakes, tsunamis, droughts, and wildfires, 
                including the wildland-urban interface.
            ``(2) Technical assistance.--The Administrator shall 
        provide technical assistance to eligible entities for 
        applications under this section.
    ``(c) Entity Loan Fund.--
            ``(1) Establishment of fund.--An entity that receives a 
        capitalization grant under this section shall establish an 
        entity loan fund that complies with the requirements of this 
        subsection.
            ``(2) Fund management.--Except as provided in paragraph 
        (3), an entity loan fund shall be administered by the agency 
        responsible for emergency management for such entity and shall 
        include only--
                    ``(A) funds provided by a capitalization grant 
                under this section;
                    ``(B) repayments of loans under this section to the 
                entity loan fund; and
                    ``(C) interest earned on amounts in the entity loan 
                fund.
            ``(3) Administration.--A participating entity may combine 
        the financial administration of the entity loan fund of such 
        entity with the financial administration of any other revolving 
        fund established by such entity if the Administrator determines 
        that--
                    ``(A) the capitalization grant, entity share, 
                repayments of loans, and interest earned on amounts in 
                the entity loan fund are accounted for separately from 
                other amounts in the revolving fund; and
                    ``(B) the authority to establish assistance 
                priorities and carry out oversight activities remains 
                in the control of the agency responsible for emergency 
                management for the entity.
            ``(4) Entity share of funds.--On or before the date on 
        which a participating entity receives a capitalization grant 
        under this section, the entity shall deposit into the entity 
        loan fund of such entity, an amount equal to not less than 10 
        percent of the amount of the capitalization grant.
    ``(d) Apportionment.--
            ``(1) In general.--Except as otherwise provided by this 
        subsection, the Administrator shall apportion funds made 
        available to carry out this section to entities that have 
        entered into an agreement under subsection (a)(2) in amounts as 
        determined by the Administrator.
            ``(2) Reservation of funds.--The Administrator shall 
        reserve not more than 2.5 percent of the amount made available 
        to carry out this section for--
                    ``(A) administrative costs incurred in carrying out 
                this section; and
                    ``(B) providing technical assistance to 
                participating entities under subsection (b)(2).
            ``(3) Priority.--In the apportionment of capitalization 
        grants under this subsection, the Administrator shall give 
        priority to entity applications under subsection (b) that--
                    ``(A) propose projects increasing resilience and 
                reducing risk of harm to natural and built 
                infrastructure;
                    ``(B) involve a partnership between 2 or more 
                eligible entities to carry out a project or similar 
                projects;
                    ``(C) take into account regional impacts of hazards 
                on river basins, river corridors, micro-watersheds, 
                macro-watersheds, estuaries, bays, coastal regions, and 
                areas vulnerable to earthquake, drought, tsunamis and 
                wildfire, including the wildland-urban interface; or
                    ``(D) propose projects for the resilience of major 
                economic sectors or critical national infrastructure, 
                including ports, global commodity supply chain assets 
                (located within an entity or within the jurisdiction of 
                local governments and tribal governments), capacity, 
                power and water production and distribution centers, 
                and bridges and waterways essential to interstate 
                commerce.
    ``(e) Use of Funds.--
            ``(1) Types of assistance.--Amounts deposited in an entity 
        loan fund, including loan repayments and interest earned on 
        such amounts, may be used--
                    ``(A) to make loans, on the condition that--
                            ``(i) such loans are made at an interest 
                        rate of not more than 1.5 percent;
                            ``(ii) annual principal and interest 
                        payments will commence not later than 1 year 
                        after completion of any project and all loans 
                        will be fully amortized--
                                    ``(I) not later than 20 years after 
                                the date on which the project is 
                                completed; or
                                    ``(II) for projects in a low-income 
                                geographic area, not later than 30 
                                years after the date on which the 
                                projects is completed and not longer 
                                than the expected design life of the 
                                project;
                            ``(iii) the local government receiving a 
                        loan establishes a dedicated source of revenue 
                        for repayment of the loan;
                            ``(iv) the local government receiving a 
                        loan has a hazard mitigation plan that has been 
                        approved by the participating entity; and
                            ``(v) the entity loan fund will be credited 
                        with all payments of principal and interest on 
                        all loans;
                    ``(B) for mitigation planning, not to exceed 10 
                percent of the capitalization grants made to the 
                participating entity in a fiscal year;
                    ``(C) for the reasonable costs of administering the 
                fund and conducting activities under this section, 
                except that such amounts shall not exceed $100,000 per 
                year, 2 percent of the capitalization grants made to 
                the participating entity in a fiscal year, or 1 percent 
                of the value of the entity loan fund, whichever amount 
                is greatest, plus the amount of any fees collected by 
                the entity for such purpose regardless of the source; 
                and
                    ``(D) to earn interest on the entity loan fund.
            ``(2) Prohibition on determination that loan is a 
        duplication.--In carrying out this section, Administrator may 
        not determine that a loan is a duplication of assistance or a 
        duplication of programs.
            ``(3) Projects and activities eligible for assistance.--
        Except as provided in this subsection, a participating entity 
        may use funds in the entity loan fund to provide financial 
        assistance for projects or activities that mitigate the impacts 
        of hazards, including--
                    ``(A) drought and prolonged episodes of intense 
                heat;
                    ``(B) severe storms, including tornados, wind 
                storms, cyclones, and severe winter storms;
                    ``(C) wildfires;
                    ``(D) earthquakes;
                    ``(E) flooding, including the construction, repair, 
                or replacement of a non-Federal levee or other flood 
                control structure, provided the Administrator, in 
                consultation with the Corps of Engineers (if 
                appropriate), requires an eligible entity to determine 
                that such levee or structure is designed, constructed, 
                and maintained in accordance with sound engineering 
                practices and standards equivalent to the purpose for 
                which such levee or structure is intended;
                    ``(F) storm surges;
                    ``(G) chemical spills that present an imminent 
                threat to life and property;
                    ``(H) seepage resulting from chemical spills and 
                flooding; and
                    ``(I) any catastrophic event that the entity 
                determines appropriate.
            ``(4) Zoning and land use planning changes.--A 
        participating entity may use not more than 10 percent of the 
        entity loan fund in a fiscal year to provide financial 
        assistance for zoning and land use planning changes focused 
        on--
                    ``(A) the development and improvement of zoning and 
                land use codes that incentivize and encourage low-
                impact development, resilient wildland-urban interface 
                land management and development, natural 
                infrastructure, green stormwater management, 
                conservation areas adjacent to floodplains, 
                implementation of watershed or greenway master plans, 
                and reconnection of floodplains;
                    ``(B) the study and creation of land use incentives 
                that reward developers for greater reliance on low 
                impact development stormwater best management 
                practices, exchange density increases for increased 
                open space and improvement of neighborhood catch basins 
                to mitigate urban flooding, reward developers for 
                including and augmenting natural infrastructure 
                adjacent to and around building projects without 
                reliance on increased sprawl, and reward developers for 
                addressing wildfire ignition; and
                    ``(C) the study and creation of an erosion response 
                plan that accommodates river, lake, forest, plains, and 
                ocean shoreline retreating or bluff stabilization due 
                to increased flooding and disaster impacts.
            ``(5) Administrative and technical costs.--For each fiscal 
        year, a participating entity may use the amount described in 
        paragraph (1)(C) to--
                    ``(A) pay the reasonable costs of administering the 
                programs under this section, including the cost of 
                establishing an entity loan fund;
                    ``(B) provide technical assistance to recipients of 
                financial assistance from the entity loan fund, on the 
                condition that such technical assistance does not 
                exceed 5 percent of the capitalization grant made to 
                such entity.
            ``(6) Limitation for single projects.--A participating 
        entity may not provide an amount equal to or more than 
        $5,000,000 to a single hazard mitigation project.
    ``(f) Intended Use Plans.--
            ``(1) In general.--After providing for public comment and 
        review, and consultation with appropriate agencies in an 
        entity, Federal agencies, and interest groups, each 
        participating entity shall annually prepare and submit to the 
        Administrator a plan identifying the intended uses of the 
        entity loan fund.
            ``(2) Contents of plan.--An entity intended use plan 
        prepared under paragraph (1) shall include--
                    ``(A) the integration of entity planning efforts, 
                including entity hazard mitigation plans and other 
                programs and initiatives relating to mitigation of 
                major disasters carried out by such entity;
                    ``(B) an explanation of the mitigation and 
                resiliency benefits the entity intends to achieve by--
                            ``(i) reducing future damage and loss 
                        associated with hazards;
                            ``(ii) reducing the number of severe 
                        repetitive loss structures and repetitive loss 
                        structures in the entity;
                            ``(iii) decreasing the number of insurance 
                        claims in the entity from injuries resulting 
                        from major disasters or other hazards; and
                            ``(iv) increasing the rating under the 
                        community rating system under section 1315(b) 
                        of the Housing and Urban Development Act of 
                        1968 (42 U.S.C. 4022(b)) for communities in the 
                        entity;
                    ``(C) information on the availability of, and 
                application process for, financial assistance from the 
                entity loan fund of such entity;
                    ``(D) the criteria and methods established for the 
                distribution of funds;
                    ``(E) the amount of financial assistance that the 
                entity anticipates apportioning;
                    ``(F) the expected terms of the assistance provided 
                from the entity loan fund; and
                    ``(G) a description of the financial status of the 
                entity loan fund, including short-term and long-term 
                goals for the fund.
    ``(g) Audits, Reports, Publications, and Oversight.--
            ``(1) Biennial entity audit and report.--Beginning not 
        later than the last day of the second fiscal year after the 
        receipt of payments under this section, and biennially 
        thereafter, any participating entity shall--
                    ``(A) conduct an audit of such fund established 
                under subsection (b); and
                    ``(B) provide to the Administrator a report 
                including--
                            ``(i) the result of any such audit; and
                            ``(ii) a review of the effectiveness of the 
                        entity loan fund of the entity with respect to 
                        meeting the goals and intended benefits 
                        described in the intended use plan submitted by 
                        the entity under subsection (e).
            ``(2) Publication.--A participating entity shall publish 
        and periodically update information about all projects 
        receiving funding from the entity loan fund of such entity, 
        including--
                    ``(A) the location of the project;
                    ``(B) the type and amount of assistance provided 
                from the entity loan fund;
                    ``(C) the expected funding schedule; and
                    ``(D) the anticipated date of completion of the 
                project.
            ``(3) Oversight.--
                    ``(A) In general.--The Administrator shall, at 
                least every 4 years, conduct reviews and audits as may 
                be determined necessary or appropriate by the 
                Administrator to carry out the objectives of this 
                section and determine the effectiveness of the fund in 
                reducing hazard risk.
                    ``(B) GAO requirements.--The entity shall conduct 
                audits under paragraph (1) in accordance with the 
                auditing procedures of the Government Accountability 
                Office, including chapter 75 of title 31.
                    ``(C) Recommendations by administrator.--The 
                Administrator may at any time make recommendations for 
                or require specific changes to an entity's loan fund in 
                order to improve the effectiveness of the fund.
    ``(h) Regulations or Guidance.--The Administrator shall issue such 
regulations or guidance as are necessary to--
            ``(1) ensure that each participating entity uses funds as 
        efficiently as possible; and
            ``(2) reduce waste, fraud, and abuse to the maximum extent 
        possible.
    ``(i) Waiver Authority.--Until such time as the Administrator 
issues regulations to implement this section, the Administrator may--
            ``(1) waive notice and comment rulemaking, if the 
        Administrator determines the waiver is necessary to 
        expeditiously implement this section; and
            ``(2) provide capitalization grants under this section as a 
        pilot program.
    ``(j) Definitions.--In this section, the following definitions 
apply:
            ``(1) Eligible entity.--The term `eligible entity' means a 
        State or an Indian tribal government (as such terms are defined 
        in section 102 of this Act (42 U.S.C. 5122)).
            ``(2) Hazard mitigation plan.--The term `hazard mitigation 
        plan' means a mitigation plan submitted under section 322 and 
        approved by the Administrator.
            ``(3) Low-income geographic area.--The term `low-income 
        geographic area' means an area described in paragraph (1) or 
        (2) of section 301(a) of the Public Works and Economic 
        Development Act of 1965 (42 U.S.C. 3161(a)).
            ``(4) Participating entity.--The term `participating 
        entity' means an eligible entity that has entered into an 
        agreement under this section.
            ``(5) Repetitive loss structure.--The term `repetitive loss 
        structure' has the meaning given the term in section 1370 of 
        the National Flood Insurance Act (42 U.S.C. 4121).
            ``(6) Severe repetitive loss structure.--The term `severe 
        repetitive loss structure' has the meaning given the term in 
        section 1366(h) of the National Flood Insurance Act (42 U.S.C. 
        4104c(h).
            ``(7) Wildland-urban interface.--The term `wildland-urban 
        interface' has the meaning given the term in section 101 of the 
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
    ``(k) Authorization of Appropriations.--There is authorized to be 
appropriated $100,000,000 for each of fiscal years 2020 and 2021.''.
                                                 Union Calendar No. 389

116th CONGRESS

  2d Session

                               H. R. 3779

                          [Report No. 116-486]

_______________________________________________________________________

                                 A BILL

     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to allow the Administrator of the Federal Emergency 
Management Agency to provide capitalization grants to eligible entities 
 to establish revolving funds to provide assistance to reduce disaster 
                     risks, and for other purposes.

_______________________________________________________________________

                           September 4, 2020

  Reported with an amendment; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

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