Resilient Assistance for Mitigation for Environmentally Resilient Infrastructure and Construction By Americans Act
Floor Speech
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Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5689) to improve the provision of Federal resources to help build capacity and fund risk-reducing, cost-effective mitigation projects for eligible State, local, Tribal, and territorial governments and certain private nonprofit organizations, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 5689
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 ``Resilient Assistance for Mitigation for Environmentally Resilient Infrastructure and Construction by Americans Act'' or the ``Resilient AMERICA Act''. SEC. 2. PREDISASTER HAZARD MITIGATION.
Section 203(i) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended by striking ``equal to 6 percent'' and inserting ``equal to not more than 15 percent''. SEC. 3. NONPROFIT FACILITIES.
Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended--
(1) in subsection (b) by striking ``and local governments'' and inserting ``, local governments, and private nonprofit facilities'';
(2) in subsection (c) by striking ``or local government'' in each place it appears and inserting ``, local government, or private nonprofit facility'';
(3) in subsection (d)--
(A) in paragraph (1)(A) by striking ``local governments'' and inserting ``local governments and private nonprofit facilities'';
(B) in paragraph (2)--
(i) by striking ``local governments'' in each place it appears and inserting ``local governments or private nonprofit facilities''; and
(ii) in subparagraph (B) by striking ``local government'' and inserting ``local government or private nonprofit facility''; and
(C) in paragraph (3) by inserting ``or private nonprofit facilities'' after ``any local governments of the State''.
(4) in subsection (e)--
(A) in paragraph (1)(A) by striking ``and local governments'' and inserting ``, local governments, and private nonprofit facilities''; and
(B) in paragraph (2) by striking ``or local government'' in each place it appears and inserting ``, local government, or private nonprofit facility'';
(5) in subsection (f)--
(A) in paragraph (2) by inserting ``or private nonprofit facilities located in the State'' after ``local governments of the State''; and
(B) in paragraph (3)(A) by inserting ``or private nonprofit facilities located in the State'' after ``local governments of a State''; and
(6) in subsection (g) by striking ``or local government'' in each place it appears and inserting ``, local government, or private nonprofit facility''. SEC. 4. BUILDING CODE IMPLEMENTATION AND ENFORCEMENT SET ASIDE.
(a) In General.--Section 203(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Building code implementation and enforcement set- aside.--Of the amounts made available under this section for any given year, the Administrator may use not less than 10 percent to carry out eligible activities that further the implementation and enforcement of the latest published editions of relevant consensus-based codes, specifications, and standards, including any amendments made by State, local, Tribal, or territorial governments to such codes, specifications, and standards, that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of facilities and residential structures that may be eligible for assistance under this Act. In any fiscal year in which requests for assistance for such activities do not total at least 10 percent of assistance under this section, any remaining funds may be used as additional assistance for the purposes of paragraph (1).''.
(b) Latest Published Editions.--Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by inserting ``, (f)(3),'' after ``subsections (e)(1)(B)(iv)''.
(c) Conforming Amendment.--Section 1234 of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5133 note) is amended by striking subsection (d). SEC. 5. RESILIENT INFRASTRUCTURE.
(a) Use of Assistance.--Subsection (g) of section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(g)) (as redesignated by section 2) is amended--
(1) in paragraph (12)--
(A) by inserting ``, wildfire, and ice storm'' after ``windstorm'';
(B) by striking ``including replacing'' and inserting the following: ``including--
``(A) replacing'';
(C) in subparagraph (A) (as so designated)--
(i) by inserting ``, wildfire,'' after ``extreme wind''; and
(ii) by adding ``and'' after the semicolon at the end; and
(D) by adding at the end the following:
``(B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires;'';
(2) in paragraph (13) by striking ``and''; and
(3) by striking paragraph (14) and inserting the following:
``(14) replacing water systems that have been burned, caused contamination, or are at risk from wildfire impacts with resilient, non-combustible materials;
``(15) repairing, replacing, or retrofitting infrastructure damaged by ice storms to be resilient to the impacts of such storms;
``(16) retrofitting or hardening electric grid infrastructure to comply with the latest published strength standards or industry best practices for resiliency, including standards and practices relating to the strength of utility poles in high wind areas, regardless of height; and
``(17) implementing technologies to improve infrastructure monitoring and distribution for the purpose of reducing risk and avoiding future disaster impacts and, notwithstanding other requirements related to cost-effectiveness, to avoid any unintended consequences under this section and section 203.''.
(b) Use of Assistance for Earthquake Hazards.--Subsection (h) of section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(h)) (as redesignated by section 2) is amended--
(1) by inserting ``and tsunami'' after ``earthquake'' each place it appears (including in the subsection heading);
(2) in paragraph (2) by striking ``and'' at the end;
(3) in paragraph (3) by striking the period at the end and inserting ``; and''; and
(4) by adding at the end the following:
``(4) planning, design, or construction of vertical evacuation structures in designated and mapped tsunami danger areas or hazard zones.''. SEC. 6. RESIDENTIAL RETROFIT AND RESILIENCE PILOT PROGRAM.
(a) Establishment.--The Administrator of the Federal Emergency Management Agency shall carry out a residential resilience pilot program through the program established under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) to make available assistance to State and local governments for the purpose of providing grants to individuals for residential resilience retrofits.
(b) Amount of Funds.--The Administrator may use not more than 10 percent of the assistance made available to applicants on an annual basis under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) to provide assistance under this section.
(c) Timeline.--The Administrator shall establish the demonstration program under this section not later than 1 year after the date of enactment of this Act and the program shall terminate on September 30, 2025.
(d) Report.--Not later than 4 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes--
(1) a summary of the grant awards and projects carried out under this section;
(2) a detailed compilation of results achieved by the grant awards and projects carried out under this section, including the number of homes receiving retrofits, the types and average costs of retrofits, demographic information for participants in the program, and estimate avoidance in disaster impacts and Federal disaster payments as a result of the grant investments; and
(3) any identified implementation challenges and recommendations for improvements to the pilot program.
(e) Residential Resilient Retrofits Defined.--
(1) In general.--In this section, the term ``residential resilient retrofits'' means a project that--
(A) is designed to increase the resilience of an existing home or residence using mitigation measures which the administrator determines reduce damage and impacts from natural disaster hazards and risks that are most likely to occur in the area where the home is located; and
(B) to the extent applicable, are consistent with the 2 most recently published editions of relevant consensus-based codes, specifications, and standards, including any amendments made by State, local, tribal, or territorial governments to such codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters.
(2) Inclusion.--In this section, the term ``residential resilient retrofits'' includes--
(A) elevations of homes and elevations of utilities within and around structures to mitigate damages;
(B) floodproofing measures;
(C) the construction of tornado safe rooms;
(D) seismic retrofits;
(E) wildfire retrofit and mitigation measures;
(F) wind retrofits, including roof replacements, hurricane straps, and tie-downs; and
(G) any other measures that meet the requirements of paragraph (1), as determined by the Administrator. SEC. 7. BUY AMERICA FOR NONEMERGENCY PROJECTS.
(a) In General.--For the purposes of this rulemaking, to ensure that the United States has the productive capability to respond quickly to emergencies and natural disasters with a strong domestic industrial base being in the public interest, the Administrator of the Federal Emergency Management Agency shall require, as a condition of any financial assistance provided by the Agency on a nonemergency basis after promulgation of regulations pursuant to subsection (c) for a construction project with a cost of at least $1,000,000, that the steel and iron used in the project be produced in the United States.
(b) Waiver.--
(1) In general.--The Administrator may provide a waiver of the requirements in subsection (a) if the Administrator finds--
(A) that the application of such subsection would be inconsistent with the public interest, including causing unreasonable project delays;
(B) that such steel and iron are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(C) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent.
(2) Public input.--If the Administrator receives a request for a waiver under this subsection, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request.
(3) Publication of request.--The Administrator shall make the request and accompanying information available by electronic means, including on the official public website of the Federal Emergency Management Agency.
(c) Rulemaking.--Not later than 18 months after the date of enactment of this Act, the President, acting through the Administrator of the Federal Emergency Management Agency, shall conduct and complete a rulemaking to establish what considerations shall be used by the Administrator to assess whether a waiver request made pursuant to subsection (b)(1)(A) is in the public interest. Such criteria shall include both a calculation considering domestically produced steel and iron and a calculation with non-domestically produced steel and iron for construction projects which require a Benefit-Cost Analysis in order to qualify for financial assistance.
(d) Adjustment.--The amount in subsection (a) shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. SEC. 8. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC ASSISTANCE.
(a) In General.--Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC ASSISTANCE.
``(a) In General.--For purposes of assistance under this title, the President shall provide financial assistance at the applicable Federal share to a State or local government, electric cooperative, or nonprofit organization as reimbursement for qualifying interest.
``(b) Definitions.--In this section, the following definitions apply:
``(1) Qualifying interest.--The term `qualifying interest' means, with respect to a qualifying loan, the lesser of--
``(A) the actual interest paid to a lender for such qualifying loan; and
``(B) the interest that would have been paid to a lender if such qualifying loan had an interest rate equal to the prime rate most recently published on the Federal Reserve Statistical Release on selected interest rates.
``(2) Qualifying loan.--The term `qualifying loan' means a loan--
``(A) obtained by a State or local government, electric cooperative, or nonprofit organization; and
``(B) of which not less than 90 percent of the proceeds are used to fund activities for which such State or local government, electric cooperative, or nonprofit organization receives assistance under this Act after the date on which such loan is disbursed.''.
(b) Rule of Applicability.--Any qualifying interest (as such term is defined in section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this section) incurred by a State or local government, electric cooperative, or nonprofit organization in the 5 years preceding the date of enactment of this Act shall be treated as eligible for financial assistance for purposes of such section 431. SEC. 9. FUNDING OF A FEDERALLY AUTHORIZED WATER RESOURCES DEVELOPMENT PROJECT.
Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is further amended by adding at the end the following:
``(n) Funding of a Federally Authorized Water Resources Development Project.--
``(1) In general.--Notwithstanding section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and its implementing regulations, assistance provided under this section may be used to fund activities authorized for construction within the scope of a federally authorized water resources development project of the Army Corps of Engineers if such activities are also eligible activities under this section.
``(2) Federal funding.--All Federal funding provided pursuant to this section shall be applied toward the Federal share of a federally authorized water resources development project described in paragraph (1).
``(3) Non-federal match.--All non-Federal matching funds required pursuant to this section shall be applied toward the non-Federal share of a federally authorized water resources development project described in paragraph (1).
``(4) Total federal share.--Funding provided pursuant to this section may not exceed the total Federal share for a federally authorized water resources development project described in paragraph (1).
``(5) Rule of construction.--Nothing in this subsection may be construed to affect--
``(A) the cost-share requirement of a hazard mitigation measure under this section;
``(B) the eligibility criteria for a hazard mitigation measure under this section;
``(C) the cost share requirements of a federally authorized water resources development project described in paragraph (1); and
``(D) the responsibilities of a non-Federal interest with respect to such project, including those related to the provision of lands, easements, rights-of-way, dredge material disposal areas, and necessary relocations.
``(6) Limitation.--If a federally authorized water resources development project of the Army Corps of Engineers is constructed with funding provided under this subsection, no further Federal funding shall be provided for construction of such a project.''. SEC. 10. GAO REPORT TO CONGRESS ON CHALLENGES UNDER PUBLIC ASSISTANCE ALTERNATIVE PROCEDURES.
(a) In General.--The Comptroller General of the United States shall conduct a study on the challenges to States and Territories of the United States in obtaining assistance under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f).
(b) Contents.--In conducting the study described in subsection (a), the Comptroller General shall study the challenges for assistance described in subsection (a) faced by the following:
(1) Rural areas, as such term is defined in section 423 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189a).
(2) Small impoverished communities, as such term is defined in section 203 of such Act.
(3) Other communities, areas, or individuals that the Comptroller General determines pertinent.
(c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report describing the results of the study required under subsection (a). SEC. 11. APPLICABILITY.
The amendments made by sections 2, 4(a), 8, and 9, and the provisions under section 6, shall only apply to amounts appropriated on or after the date of enactment of this Act.
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Mr. DeFAZIO. 5689, as amended.
Mr. Speaker, I rise in support of H.R. 5689, the Resilient AMERICA Act. This bill reflects a bipartisan agreement that will significantly enhance U.S. mitigation and resilience efforts.
Federal policy that focuses on investment in mitigation and bolstering resilience is basic good governance and will lessen the impacts of future disasters. For years, studies have demonstrated that taxpayers save up to $11 for every single dollar invested in mitigation before a disaster strikes. There is no better investment.
This legislation builds on existing mitigation efforts and will make our Nation more resilient.
First, this legislation increases the amount of mitigation funding FEMA may make available to States through the Pre-Disaster Mitigation program, also known as BRIC, and makes nonprofits eligible recipients of these funds.
Second, it expands the kind of projects eligible for mitigation assistance through the Hazard Mitigation Grant Program. This includes enhancing the resilience of utilities to risks from wildfire, which will be of great benefit in the Western States.
Third, this legislation sets aside funds for the implementation and enforcement of the latest building codes and standards. Building codes make our buildings safer and more resilient. Proper building codes that account for climate change can mean the difference between saving a family's home and a total loss during a disaster. I strongly support efforts to prepare buildings for actual hazard risks and climate change with updated codes.
Lastly, this legislation creates a pilot program to fund resilience projects at private homes. Often, homeowners cannot implement recommended mitigation efforts, such as creating defensible space to protect against wildfires or removing overhanging branches to remove the risk of damage from severe storms, because they are too expensive.
This pilot program will create the first Federal grant program that allows homeowners to proactively take mitigation into their own hands. I am confident that empowering individuals through this program will make families and their homes more resilient and, again, in the end, save taxpayers money.
Representing a district that was impacted by catastrophic wildfires, particularly in 2020, has made me painfully aware of the importance of the provisions within this legislation. I wish that this bill and the mitigation investments it authorizes could have been enacted prior to the 2020 fires. It may have saved some of my constituents from the trauma of losing their homes.
I thank Ranking Member Graves, as well as Subcommittee on Economic Development, Public Buildings, and Emergency Management Chair Titus and Ranking Member Webster for their support and for working with us on this legislation.
Mr. Speaker, I urge my colleagues on both sides to join us and support the Resilient AMERICA Act, and I reserve the balance of my time.
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Mr. DeFAZIO. Mr. Speaker, I include in the Record two letters of support for H.R. 5689, one from the Build Strong Coalition and one from the U.S. Chamber of Commerce. Buildstong Coalition, Washington, DC, March 1, 2022. Hon. Nancy Pelosi, Speaker, House of Representatives, Washington, DC. Hon. Kevin McCarthy, Minority Leader, House of Representatives, Washington, DC. Hon. Dina Titus, Subcommittee Chair, House T&I Committee, Washington, DC. Hon. Daniel Webster, Subcommittee Ranking Member, House T&I Committee, Washington, DC.
Dear Speaker Pelosi and Leader McCarthy: The BuildStrong Coalition writes to express our strong support for H.R. 5689, the Resilient Assistance for Mitigation for Environmentally Resilient Infrastructure and Construction by Americans (AMERICA) Act, which was passed out of the Committee on Transportation and Infrastructure on October 27, 2021, with almost unanimous backing. The undersigned organizations, as part of the BuildStrong Coalition, urge you to schedule consideration of the bipartisan legislation on the House floor as soon as possible.
This legislation builds on the resilience initiatives contained in the bipartisan infrastructure package and provides additional tools for families, businesses, and communities to reduce climate risks ahead of the next crisis. As our nation's disaster profile becomes increasingly volatile and the instances of severe climate events grow, it is critical that Congress act on this issue.
Important mitigation measures like those included in the Resilient AMERICA Act save lives, property, and taxpayer money, and are crucial for reducing environmental disaster impacts. Multiple studies have demonstrated that for every $1 spent on preventative pre-disaster mitigation and resilient construction, there is a return of as much as $11 in savings. Such policies are good for the environment and the economy.
This comprehensive bill contains a host of provisions designed to create a significant number of new resources for communities to better protect themselves ahead of natural catastrophes. This includes policies that would increase funding for the National Public Infrastructure Pre-Disaster Mitigation fund (commonly known as Building Resilient Infrastructure and Communities, or BRIC, Program) created by the Disaster Recovery Reform Act to provide grants to local governments for risk-reducing mitigation projects that make homes and infrastructure more resilient in advance of severe climate events, as well as those that would harden communities by creating new resources and incentives for states and localities to adopt and enforce modern constructions standards and building codes. Importantly, the bill will also establish a new pilot program under the Federal Emergency Management Agency to provide resources to communities and homeowners for the purpose of retrofitting existing homes and buildings.
The BuildStrong Coalition, formed in 2011 to respond to an increasing number of severe disasters, is made up of a diverse group of members representing firefighters, emergency responders, emergency managers, insurers, engineers, architects, contractors, and manufacturers, as well as consumer organizations, code specialists, and many others committed to building a more disaster resilient nation. The BuildStrong Coalition has been a partner to Congress's work to investigate causes of, and devise the solutions to, the rising costs and impacts of disasters in the United States.
Our organization represents the broad, bipartisan, public- private, and nonprofit stakeholder support for H.R. 5689. Therefore, the BuildStrong Coalition and its allied partners again ask that it be brought to House floor for consideration under suspension of the rules. We look forward to working with you and are prepared to offer our institutional expertise throughout the process. Sincerely, Natalie F. Enclade, Ph.D., Executive Director, BuildStrong Coalition. ____ December 22, 2021. Hon. Nancy Pelosi, Speaker, House of Representatives, Washington, DC. Hon. Kevin McCarthy, Republican Leader, House of Representatives, Washington, DC.
Dear Speaker Pelosi and Leader McCarthy: The undersigned organizations support H.R. 5689, the ``Resilient Assistance for Mitigation for Environmentally Resilient Infrastructure and Construction by Americans Act'' or ``Resilient AMERICA Act,'' and urge you to schedule consideration of this legislation, perhaps under suspension of the rules.
For every dollar invested in resilience and predisaster mitigation, the taxpayer receives anywhere from $3.00 to $11.00 in return. Such policies are good for the environment and the economy. This bill would:
Increase the annual spending for the new National Public Infrastructure Predisaster Mitigation fund from up to 6% to up to 15% of postdisaster funding.
Require unspent funds to be recaptured for mitigation and resilience projects.
Extend eligibility for Building Resilient Infrastructure and Communities (BRIC) program grant funding to private non- profit organizations.
Provide a 10% set-aside within BRIC to enforce the adoption of newer building codes.
Add wildfires and tsunamis, including strengthening utilities against wind, ice, and wildfire risks as eligible hazards to receive funding.
Establish a 10% set-aside within BRIC to fund residential resilience retrofit grants--upgrades to strengthen homes resilience and comply with consensus-based codes and standards, including wind and roof retrofits, floodproofing, and constructing saferooms.
We strongly support H.R. 5689 and urge that it be brought to the House floor for expeditious consideration. We stand ready to assist you in this process. Sincerely,
American Council of Engineering Companies, American Institute of Architect, American Planning Association, American Society of Civil Engineers; American Society of Landscape Architects; Build Strong Coalition; City Parks Alliance; Ecological Restoration Business Association; Mississippi River Cities and Towns Initiative; National Association of Clean Water Agencies; National Association of Counties; National Association of Mutual Insurance Companies; National League of Cities; National Recreation and Park Association; National Rural Electric Cooperative Association; Rural Community Assistance Partnership; U.S. Chamber of Commerce.
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Mr. DeFAZIO. Titus).
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Mr. DeFAZIO. Mr. Speaker, I have no additional speakers, and I reserve the balance of my time.
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Mr. DeFAZIO. Mr. Speaker, I continue to reserve the balance of my time.
We have just heard very telling testimony from the gentleman from Louisiana (Mr. Graves) about the issues with the frequent problems they have had with hurricanes down there, and then the gentleman from California (Mr. LaMalfa) talking about wildfires, which have become more and more intense and widespread and persistent in the West.
On both sides of the aisle, I think almost any Member who has had a disaster, a natural disaster in their district, can attest to the fact that if his or her community had been better prepared, if they had taken steps toward resilience, if the Federal Government had given them that guidance and perhaps some funding incentives to put in place those mitigation measures, that lives would have been saved, property would have been saved, and ultimately the Federal taxpayers would save a lot of money.
This legislation has tremendous merit, and I urge my colleagues to support it unanimously; although, of course, we will have someone on that side of the aisle who will call for a vote even though they might even vote for it. Hopefully, the Senate, in its total dysfunction, will look favorably upon this legislation.
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