[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3092 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 3092
_______________________________________________________________________
AN ACT
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve the provision of certain disaster assistance,
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 ``FEMA Improvement, Reform, and
Efficiency Act of 2022'' or the ``FIRE Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives;
(4) the term ``emergency'' means an emergency declared or
determined to exist by the President under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191);
(5) the terms ``Indian tribal government'', ``local
government'', and ``State'' have the meanings given such terms
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122); and
(6) the term ``major disaster'' means a major disaster
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
SEC. 3. REPORT ON RELOCATION ASSISTANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a report
regarding the use of relocation assistance under sections 203, 404, and
406 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5170c, 5172) for wildfire risk to the appropriate
committees of Congress.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) Any information on relocation projects that have been
carried out due to fire risks or denied by the Agency,
including the number and value of projects either carried out
or denied.
(2) A discussion of the possible benefits or disadvantages
of providing relocation assistance that may reduce, but not
eliminate, the risk of loss due to wildfires.
(3) A discussion of how the Agency may optimize relocation
assistance when entire States or geographic areas are
considered subject to a fire risk.
(4) An analysis of whether other mitigation measures are
more cost-effective than relocation assistance when the
applicant is applying to move from a high-risk to a medium-risk
or low-risk area with respect to wildfires.
(5) An analysis of the need for the Federal Government to
produce wildfire maps that identify high-risk, moderate-risk,
and low-risk wildfire zones.
(6) An analysis of whether other mitigation measures
promote greater resilience to wildfires when compared to
relocation or, if additional data is required in order to carry
out such an analysis, a discussion of the additional data
required.
(7) A discussion of the ability of States, local
governments, and Indian tribal governments to demonstrate fire
risk, and whether the level of this ability impacts the ability
of States, local governments, or Indian tribal governments to
access relocation assistance, including an assessment of
existing fire mapping products and capabilities and
recommendations on redressing any gaps in the ability of the
Agency to assist States, local governments, and Indian tribal
governments in demonstrating fire risk.
(8) An evaluation of--
(A) the scope of the data available to the Agency
regarding historical wildfire losses;
(B) how such data is utilized in benefit-cost
analysis determinations by the Agency;
(C) what additional data, if any, may be pertinent
to such determinations; and
(D) what, if any, alternative methods may be
relevant to the determination of cost effectiveness.
(9) A discussion of the extent to which the decision
process for relocation assistance appropriately considers the
change in future risks for wildfires due to a changing climate.
(10) An analysis of whether statutes and regulations
regarding relocation assistance by the Agency present barriers
for States, local governments, or Indian tribal governments
trying to access funding to reduce wildfire risk.
(11) An analysis of--
(A) how, if at all, the Agency has modified
policies and procedures to determine the eligibility of
proposed relocation or mitigation projects with respect
to wildfires;
(B) the cost effectiveness of such projects, in
light of the increasing losses and obligations for
wildfires in recent years; and
(C) the effectiveness of any modifications
described in subparagraph (A).
(12) An analysis of how, if at all, recent changes in the
availability of fire insurance has resulted in modifications of
policy or procedure with respect to determining the cost
efficacy of relocation assistance for wildfires.
(13) An analysis of how to define repetitive loss and
repetitively damaged properties in the context of wildfires.
(14) A discussion of whether any legislative, regulatory,
or policy changes are necessary for the Agency to better
implement relocation assistance to reduce risk from wildfires.
(15) Other related issues that the Administrator determines
appropriate.
SEC. 4. RED FLAG WARNINGS AND PREDISASTER ACTIONS.
Not later than 1 year after the date of enactment of this Act, the
Administrator, in coordination with the National Weather Service of the
National Oceanic and Atmospheric Administration, shall--
(1) conduct a study of, develop recommendations for, and
initiate a process for the use of forecasts and data, including
information that supports the Red Flag Warnings of the National
Oceanic and Atmospheric Administration and similar weather
alert and notification methods, to establish--
(A) plans and actions, consistent with law, that
can be implemented prior to a wildfire event, including
pre-impact disaster declarations and surge operations,
that can limit the impact, duration, or severity of the
fire; and
(B) mechanisms to increase interagency
collaboration to expedite the delivery of disaster
assistance; and
(2) submit to the appropriate committees of Congress a
comprehensive report regarding the study described in paragraph
(1), including any recommendations of the Administrator, and
the activities of the Administrator to carry out paragraph (1).
SEC. 5. ASSISTANCE FOR WILDFIRE DAMAGE.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall brief the appropriate committees of Congress
regarding--
(1) the application for assistance and consistency of
assistance provided by the Agency in response to wildfires; and
(2) the kinds of damage that result from wildfires.
SEC. 6. GAO REPORT ON GAPS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the
appropriate committees of Congress a report that examines--
(1) gaps in the policies of the Agency related to
wildfires, when compared to other hazards;
(2) disparities in regulations and guidance issued by the
Administrator, including any oversight of the programs of the
Agency, when addressing impacts of wildfires and other hazards;
(3) ways to shorten the period of time between the
initiating of and the distribution of assistance,
reimbursements, and grants;
(4) the effectiveness of the programs of the Agency in
addressing wildfire hazards;
(5) ways to improve the ability of the Agency to assist
States, local governments, and Indian tribal governments to
prepare for, respond to, recover from, and mitigate against
wildfire hazards;
(6) revising the application process for assistance
relating to wildfires to more effectively assess uninsured and
underinsured losses and serious needs; and
(7) ways to improve the disaster assistance programs of
agencies other than the Agency.
SEC. 7. CRISIS COUNSELING EFFECTIVE COMMUNICATION.
Section 416 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5183) is amended--
(1) by striking ``The President'' and inserting the
following:
``(a) In General.--The President''; and
(2) by adding at the end the following:
``(b) Effective Communication.--The President shall, in
consultation with affected States, local governments, and Indian tribal
governments and cultural experts, ensure that any individual providing
professional counseling services to victims of a major disaster as
authorized under subsection (a), including those working for nonprofit
partners and recovery organizations, is appropriately trained to
address impacts from major disasters in communities, and to
individuals, with socio-economically disadvantaged backgrounds.''.
SEC. 8. CASE MANAGEMENT EFFECTIVE COMMUNICATION.
Section 426 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189d) is amended--
(1) by striking ``The President'' and inserting the
following:
``(a) In General.--The President''; and
(2) by adding at the end the following:
``(b) Effective Communication.--The President shall, in
consultation with affected States, local governments, and Indian tribal
governments and cultural experts, ensure that any individual providing
case management services to victims of a major disaster as authorized
under subsection (a), including those working for nonprofit partners
and recovery organizations, is appropriately trained to address impacts
from major disasters in communities, and to individuals, with socio-
economically disadvantaged backgrounds.''.
SEC. 9. STUDY AND PLAN FOR DISASTER HOUSING ASSISTANCE.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall--
(1) conduct a study and develop a plan, consistent with
law, under which the Agency will address providing housing
assistance to survivors of major disasters or emergencies when
presented with challenges such as--
(A) the lack of proof of ownership or ownership
documentation;
(B) the presence of multiple families within a
single household; and
(C) the near loss of a community, with the majority
of homes destroyed in that community, including as a
result of a wildfire, earthquake, or other event
causing a major disaster; and
(2) make recommendations for legislative changes needed to
address--
(A) the unmet needs of survivors of major disasters
or emergencies who are unable to document or prove
ownership of the household;
(B) the presence of multiple families within a
single household; and
(C) the near loss of a community, with the majority
of homes destroyed in that community, including as a
result of a wildfire, earthquake, or other event
causing a major disaster.
(b) Comprehensive Report.--The Administrator shall submit to the
appropriate committees of Congress a report that provides a detailed
discussion of the plans developed under subsection (a)(1) and the
recommendations of the Administrator under subsection (a)(2).
(c) Briefing.--Not later than 30 days after submission of the
report and recommendations under subsection (b), the Administrator
shall brief the appropriate committees of Congress on the findings and
any recommendations made pursuant to this section.
SEC. 10. REIMBURSEMENT.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall brief the appropriate committees of Congress
regarding the extent to which the Agency is using housing solutions
proposed by a State or local government to reduce the time or cost
required to implement housing solutions after a major disaster.
SEC. 11. INCREASED CAP FOR EMERGENCY DECLARATIONS BASED ON REGIONAL
COST OF LIVING.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall brief the appropriate committees of Congress
regarding the benefits and drawbacks of establishing a maximum amount
for assistance provided for an emergency that is based on the cost of
living in the region in which the emergency occurs.
SEC. 12. FACILITATING DISPOSAL OF TEMPORARY TRANSPORTABLE HOUSING UNITS
TO SURVIVORS.
Section 408(d)(2)(B)(i) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B)(i)) is amended by
inserting ``, with priority given to a survivor of a major disaster who
suffered a property loss as a result of the major disaster'' after
``any person''.
SEC. 13. DEADLINE ON CODE ENFORCEMENT AND MANAGEMENT COST ELIGIBILITY.
(a) In General.--Section 406(a)(2)(D) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(2)(D))
is amended by striking ``180 days'' and inserting ``1 year''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to amounts appropriated on or after the date of
enactment of this Act.
SEC. 14. PERMIT APPLICATIONS FOR TRIBAL UPGRADES TO EMERGENCY
OPERATIONS CENTERS.
(a) In General.--Section 614(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c(a)) is amended--
(1) by inserting ``and Indian tribal governments'' after
``grants to States''; and
(2) by striking ``State and local'' and inserting ``State,
local, and Tribal''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to amounts appropriated on or after the date of
enactment of this Act.
Passed the Senate September 28, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 3092
_______________________________________________________________________
AN ACT
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve the provision of certain disaster assistance,
and for other purposes.