H.R. 403 — Preventing Our Next Natural Disaster Act

This section revises definitions in the predisaster hazard mitigation program by (1) defining "high hazard risk" as a high rating of natural hazard risk according to the National Risk Index or another tool developed by the Federal Emergency Management Agency; (2) defining "environmental justice community" as a community primarily composed of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects than most communities; and (3) increasing the population threshold for "small impoverished community" to 50,000 or fewer individuals (from 3,000 or fewer), with economic disadvantage determined by the state using criteria established by the President. (As background, the program authorizes the President to provide technical and financial assistance from the National Public Infrastructure Predisaster Mitigation Fund to states and local governments for cost-effective predisaster measures to reduce injuries, loss of life, and property damage from natural disasters.)

This section authorizes the Administrator, for the predisaster hazard mitigation program under Section 203 of the Stafford Act (i.e., technical and financial assistance to states and local governments for cost-effective measures to reduce injuries, loss of life, and property damage from natural disasters), to (1) develop guidance on incorporating climate change into the National Risk Index, cost-benefit analyses, and adoption of relevant consensus-based codes, specifications, and standards to address natural hazards; and (2) issue guidance ensuring that program funds support the building, restoration, or rehabilitation of hazard mitigation projects planned and designed around future climate change projections over the project life cycle and built to withstand future flooding, wildfires, or other natural disasters.

This section adds to the criteria for state governors' recommendations of local governments for predisaster hazard mitigation assistance under the Stafford Act (42 U.S.C. 5133)—which provides technical and financial assistance from the National Public Infrastructure Predisaster Mitigation Fund for cost-effective measures to reduce injuries, loss of life, and property damage—a new criterion to prioritize high hazard risk communities, environmental justice communities, communities with low tax revenue base per capita, and communities with low rates of code adoption, enforcement, and infrastructure maintenance expenditures. It further directs the FEMA Administrator to establish guidelines with measurable criteria for high hazard risk communities, integrate the data into a tool such as the National Risk Index, and use the Resilience Analysis and Planning Tool to target communities with the greatest need.

This section expands eligibility for up to a 90 percent federal cost share (notwithstanding the general 75 percent share under subsection (h)(1)) for predisaster hazard mitigation activities to environmental justice communities, in addition to small impoverished communities (i.e., those with 3,000 or fewer individuals that are economically disadvantaged, as determined by the state using criteria established by the President). (Thus, states and local governments may receive increased federal assistance from the National Public Infrastructure Predisaster Mitigation Fund for cost-effective measures to reduce injuries, loss of life, and property damage from natural disasters.)

This section revises funding mechanisms for the predisaster hazard mitigation program (i.e., technical and financial assistance to states and local governments for cost-effective measures to reduce disaster injuries, loss of life, and property damage, including to critical infrastructure) by (1) increasing the percentage of Disaster Relief Fund amounts credited annually to the National Public Infrastructure Predisaster Mitigation Fund to 15% (from 6%); and (2) authorizing the President to set aside, for each major disaster, 2% of the estimated aggregate amount of public assistance grants under sections 403 (essential assistance), 406 (repair/restoration), 407 (debris removal), 408 (housing assistance), 410 (federal assistance to individuals), 416 (housing assistance expansion), and 428 (emergency protective measures) for community planning and capacity building assistance.

This section directs the FEMA Administrator, in collaboration with organizations such as the United States Cooperative Extension System and the Extension Disaster Education Network, to provide community outreach to communities eligible under the predisaster hazard mitigation program (i.e., technical and financial assistance from the National Public Infrastructure Predisaster Mitigation Fund to states and local governments, prioritizing small impoverished communities of 3,000 or fewer individuals, for cost-effective measures to reduce disaster injuries, loss of life, and property damage). The outreach aims to increase grant applications from communities with high hazard risk, environmental justice communities, communities with low tax revenue base per capita, and communities with low rates of building code adoption, enforcement, and infrastructure maintenance expenditures, covering project planning and prioritization based on current climate conditions, future hazard risk, and social vulnerability assessments as well as successful grant development, submission, and administration.

This section directs the Administrator of the Federal Emergency Management Agency (FEMA), in coordination with the Department of Housing and Urban Development, Environmental Protection Agency, Economic Development Administration, Small Business Administration, Army Corps of Engineers, and other relevant agencies, to establish not later than three years after enactment a central federal database consolidating funding data on post-disaster response and predisaster mitigation spending from local, state, and federal agencies. The database must categorize such data by project type, funding source, and hazard type using a user-friendly interface and interactive map and include (1) census tract and aggregated demographic data—pursuant to the Paperwork Reduction Act and future Office of Management and Budget guidance on data equity—to improve allocation and tracing of funds for natural disasters and federal recovery efforts; and (2) FEMA post-project evaluations analyzing disaster spending and reporting potential savings from predisaster mitigation.