I 
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 Representa-
tives 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— 
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(1) floods are the most common natural dis-
aster 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 dis-
aster assistance from the Federal Government; 
(3) the Congressional Budget Office has cau-
tioned that U.S. economic losses associated with 
heavy precipitation, storm surges, and hurricane 
winds could average $54 billion every year and re-
quire Federal spending averaging $17 billion per 
year; 
(4) according to the Federal Emergency Man-
agement Agency, nearly 250 weather-related disas-
ters in the United States have caused at least $1 bil-
lion in damage each since 1980; 
(5) since 2005 alone, Federal funding for dis-
aster 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 Man-
agement and Budget identified significant flood 
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risks, including more than $80 billion in Federal as-
sets 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 aver-
age, $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 ef-
forts 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 flood-
ing, thereby limiting damage, reducing the need to 
rebuild after floods, and saving taxpayer dollars; and 
(2) provide a flexible framework for full consid-
eration of sensible resilience alternatives without re-
quiring any specific construction or mitigation meth-
ods. 
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 
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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 reason-
able, the capacity of natural systems to protect 
against the damages of flooding; 
(4) prevent, to the extent possible, the disrup-
tion of critical services during flood events, including 
the closure of strategic transportation routes, inac-
cessibility 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 FLOOD-
PLAIN.—In carrying out the review of agency actions re-
quired 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 
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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 consider-
ation— 
(1) the most recent flood insurance rate map 
published by the Administrator of the Federal Emer-
gency Management Agency for the community in 
which the project shall take place, including prelimi-
nary and advisory maps prepared by the Adminis-
trator; 
(2) relevant and available assessments of future 
flooding vulnerabilities conducted or used by the 
agency, other agencies, or State or local govern-
ments; 
(3) additional available information regarding 
expected future conditions, including changes in land 
use, watershed characteristics, and infrastructure; 
and 
(4) additional available hydrologic and hydrau-
lic data from public and private sources regarding 
current and future flood risk, including information 
on expected changes in precipitation patterns, ero-
sion, and sea level. 
(c) ALTERNATE DESIGN LEVELS FOR RESILIENT IN-
FRASTRUCTURE.—If, after considering the available infor-
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mation required under subsection (b), the head of an agen-
cy determines that such information is not adequate or 
sufficiently credible to understand and characterize cur-
rent and future flood risks to the project, the head of the 
agency shall use the following design standards in evalu-
ating 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 an-
nual chance flood or the flood elevation for the cur-
rent 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 re-
silience options, the flood heights specified in pre-
ceding paragraphs shall establish a standard design 
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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 resil-
ience 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 struc-
tures and facilities using Federal funds be in accord-
ance with the standards and criteria established 
under subsections (b) and (c) and comply with appli-
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cable 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 re-
quirements of this Act. 
(3) REQUIRED CONTENT.—At a minimum, such 
guidelines shall— 
(A) establish appropriate tracking and re-
porting procedures for agencies to follow; 
(B) establish limits on the extent to which 
exceptions for a particular agency may be al-
lowed 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 require-
ments. 
(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 
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or de minimis expenditure that would allow for expe-
dited review. 
(5) CONSULTATION.—In developing such guide-
lines, the Federal Interagency Floodplain Manage-
ment Task Force shall consult with States, localities, 
Indian tribes, and other relevant stakeholders 
through listening sessions and may issue final guide-
lines 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 Fi-
nancial Services of the House of Representa-
tives and the Committees on Homeland Secu-
rity and Governmental Affairs and Banking, 
Housing, and Urban Affairs of the Senate re-
garding compliance by agencies with the re-
quirements of this Act. 
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(B) CONTENTS.—Each report submitted 
pursuant to subparagraph (A) shall include in-
formation sufficient to describe— 
(i) the number, types, and outcomes 
of reviews conducted by individual agen-
cies; 
(ii) any rulemakings, or policy or pro-
cedural changes made by agencies to en-
sure compliance with this Act; and 
(iii) any recommendations of the Fed-
eral Interagency Floodplain Management 
Task Force regarding improvements to en-
hance resilience from flooding and steward 
Federal resources. 
(e) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ 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 manage-
ment), except that such term does not include any 
military department other than the Army Corps of 
Engineers. 
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(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 deter-
mines that a slight chance of flooding would present 
an unacceptable amount of risk, as such term is de-
fined in section 9.4 of title 44, Code of Federal Reg-
ulations. 
(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 ad-
dress substantial damage. Such term does not in-
clude the making, insuring, guaranteeing, or 
securitizing of residential mortgage loans for single- 
family or multifamily housing. 
(5) FEDERAL INTERAGENCY FLOODPLAIN MAN-
AGEMENT TASK FORCE.—The term ‘‘Federal Inter-
agency Floodplain Management Task Force’’ means 
the interagency body that— 
(A) was established in 1975; 
(B) has been responsible for preparing re-
ports and guidance for a comprehensive, coordi-
nated approach to floodplain management; 
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(C) is chaired by the Federal Emergency 
Management Agency; and 
(D) includes membership from multiple 
agencies, including the Army Corps of Engi-
neers, the Department of Agriculture, the De-
partment 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 re-
cover from disruption due to emergencies. 
(7) SUBSTANTIAL IMPROVEMENT; SUBSTANTIAL 
DAMAGE.—The terms ‘‘substantial improvement’’ 
and ‘‘substantial damage’’ mean substantial im-
provement 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 compli-
ance with Executive Order 11988 and approved by the ap-
propriate agency before the date of the enactment of this 
Act. 
Æ 
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