[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3092 Engrossed in Senate (ES)]

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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.