Climate RESILIENCE Act
Bill: H.R.6396 | Sponsor: Rep. Blumenauer, Earl (D-OR)
Policy area: Emergency Management

Summary:
Climate Risk and Emergency Support In Livable Inclusive and Equitable Neighborhoods and Communities Everywhere Act or the Climate RESILIENCE Act
This bill makes changes to the Robert T. Stafford Disaster Relief and Emergency Assistance Act to take into account climate change.
The bill includes extreme temperature events, such as heat waves or freezes, within the scope of the act and defines resilience for purposes of disaster assistance and mitigation efforts.
Federal and state preparedness and mitigation assistance may be used for reducing the impacts of extreme temperatures and improving air quality and mitigating against wildfire smoke..
The bill authorizes implementing predisaster hazard mitigation measures that will be cost-effective and equitable long-term and provide enhanced protection to the community.
The Federal Emergency Management Agency (FEMA) must (1) provide technical assistance to underserved and disadvantaged communities for such measures; and (2) provide guidance to implement the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs.
The bill includes within the hazard mitigation program requirements 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.
FEMA must report to Congress regarding challenges posed by FEMA requirements for determining the cost-effectiveness of mitigation activities and how such requirements may disproportionately burden underserved or disadvantaged communities.

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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