[Congressional Record Volume 168, Number 178 (Thursday, November 17, 2022)]
[House]
[Pages H8557-H8560]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEMA IMPROVEMENT, REFORM, AND EFFICIENCY ACT OF 2022
Mr. CARTER of Louisiana. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 3092) to amend the Robert T. Stafford Disaster Relief
and Emergency Assistance Act to improve the provision of certain
disaster assistance, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3092
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.
[[Page H8558]]
(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) 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.
(a) In General.--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) Training.--Each State, local agency, or private
mental health organization providing professional counseling
services described in subsection (a) shall ensure that, any
individual providing professional counseling services to
victims of a major disaster as authorized under subsection
(a), including individuals 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.''.
(b) Rule of Applicability.--The amendments made by this
section shall apply with respect to amounts appropriated on
or after the date of enactment of this Act.
SEC. 8. CASE MANAGEMENT EFFECTIVE COMMUNICATION.
(a) In General.--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) Training.--Each State, local government agency, or
qualified private organization providing professional
counseling services described in subsection (a) shall ensure
that any individual providing case management services to
victims of a major disaster as authorized under subsection
(a), including individuals 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.''.
(b) Rule of Applicability.--The amendments made by this
section shall apply with respect to amounts appropriated on
or after the date of enactment of this Act.
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 presence of multiple families within a single
household; and
(B) 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 presence of multiple families within a single
household; and
(B) 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. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Carter) and the gentleman from California (Mr. LaMalfa)
each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana.
General Leave
Mr. CARTER of Louisiana. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and include extraneous material on S. 3092, as
amended.
The SPEAKER pro tempore (Ms. JACKSON LEE). Is there objection to the
request of the gentleman from Louisiana?
=========================== NOTE ===========================
November 17, 2022, on page H8558, in the third column, the
following appeared: material on S. 3092, as amended.The SPEAKER
pro tempore. Is there
The online version has been corrected to read: material on S.
3092, as amended. The SPEAKER pro tempore (Ms. JACKSON LEE). Is
there
========================= END NOTE =========================
There was no objection.
Mr. CARTER of Louisiana. Madam Speaker, I yield myself such time as I
may consume.
I rise in support of S. 3092, the FIRE Act. This legislation led by
Representative Lofgren in the House and Senator Padilla in the Senate
is designed to ensure FEMA's preparedness and response efforts address
the unique nature of wildfires.
The bulk of FEMA's programs are designed to serve the victims of
disasters caused by floods and hurricanes. However, climate change has
made the threat of wildfire in communities grow each year. FEMA must
serve all disaster survivors equally and adapt their programs to meet
the challenges of wildfires.
This legislation encourages FEMA to predeploy assets during times of
high risk of fire, evaluates public assistance eligibility post-fire,
addresses equity of assistance for Tribal communities, and requires
trainings for crisis counselors and caseworkers to ensure that they are
equipped to meet the needs of economically disadvantaged survivors.
I support this effort and ask my colleagues to do the same.
[[Page H8559]]
Madam Speaker, I reserve the balance of my time.
Mr. LaMALFA. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, S. 3092, the FIRE Act, makes changes to increase
congressional oversight, garner further insight into FEMA's process for
wildfire disasters, and enacts reforms related to disaster assistance.
Specifically, this bill directs FEMA to report to Congress on cost-
effective housing solutions and challenges or inconsistencies in the
application of assistance in the wake of wildfires.
The FIRE Act also takes the first steps to improve the use of
forecasts and weather alerts, such as red flag warnings, within the
disaster declaration process so FEMA can be better prepared earlier to
provide wildfire assistance.
Lastly, this bill engages the GAO to investigate gaps in FEMA's
current wildfire policies and recommend ways to streamline the
distribution of assistance to our constituents and the State and local
governments facing these fires head-on.
I am glad to be able to work with Senator Padilla and my colleague,
Zoe Lofgren, on this as California has suffered so much, as has the
West, with wildfire, including a million-acre fire in my own district
last year and repeated wildfires that have affected so many and
displaced so many.
I will add that working with FEMA has worked well, but we do need to
continue to improve the process as FEMA has primarily, up until the
advent of such large fires, dealt mostly with hurricanes and floods of
that nature. We have all had to adapt until we can actually get better
forest management and other tools that will help us prevent fire, and
so, engaging FEMA, we appreciate them, and we want to work to have an
even better process.
Madam Speaker, I reserve the balance of my time.
Mr. CARTER of Louisiana. Madam Speaker, I yield 4 minutes to the
gentlewoman from California (Ms. Lofgren), the author of this
outstanding piece of legislation.
Ms. LOFGREN. Madam Speaker, it is no secret that our country is
facing increasingly devastating disasters, including wildfires.
In my own home district, the SCU Lightning Complex fires of 2020
burned nearly 400,000 acres over 46 days across five counties,
destroying more than 2,000 structures and damaging others. That was the
fourth-largest wildfire recorded in California's modern history.
As chair of the California Democratic Congressional Delegation, I
hear about fires like this almost year-round from my colleagues, but it
is not just a Western United States problem. Fire risk areas are
growing exponentially to threaten new districts and new States every
year.
And fires don't rage only in Democratic districts. This calamity
knows no political divide.
As wildfires continue to worsen, our government has not acted with
enough urgency. It is clear that Congress needs to pass legislation to
better prevent and respond to wildfires.
Last month, I joined State and local officials to specifically
discuss this policy and operational gaps, and the systems that we have
in place obviously don't work as well as they should.
FEMA's current statutory authorities and operational practices limit
our ability to prepare for and recover from wildfires. That is why all
the California firefighters, chiefs, and leaders I met with support the
FEMA Improvement, Reform, and Efficiency Act, or FIRE Act.
We know that wildfires present a unique and increasing danger, and we
also know that policies written with hurricanes, floods, and tornadoes
in mind don't always translate well.
The FIRE Act would direct FEMA to create a process that uses the red
flag warnings we are all too familiar with to take predisaster measures
and predeploy resources to take disaster-specific damages into account
during recovery and the like.
{time} 1300
It is commonsense legislation, and I encourage my colleagues to
support it.
I would like also to thank the co-leads on this bill--Congressmen
Thompson, Huffman, and Panetta--for recognizing the importance of this
legislation and for their hard work, as well as Senator Padilla for his
leadership in the Senate on this bill.
I thank Speaker Pelosi and Majority Leader Hoyer for their efforts to
bring this to the floor. I would also like to recognize Ranking Member
Graves and, of course, Congressman LaMalfa for working with us on
reaching agreement on something that I think will be able to pass the
Senate.
This is a good bill. It will improve our response, and I hope we get
overwhelming support here today.
Mr. LaMALFA. Madam Speaker, I yield myself the balance of my time to
close.
The FIRE Act does increase oversight related to wildfire assistance
and requires FEMA to report information to Congress so we can continue
working--in the Transportation and Infrastructure Committee, on the
floor, and across the aisle--to improve and streamline the disaster
assistance process.
Again, we appreciate FEMA's efforts on all disasters around the
country. We are just looking for a way to streamline and become even
more efficient with that.
Madam Speaker, I urge support. I appreciate my colleagues--Ms.
Lofgren, my colleague from Louisiana, and Senator Padilla--for the
effort here today in building up to this.
Madam Speaker, I yield back the balance of my time.
Mr. CARTER of Louisiana. Madam Speaker, in closing, it is time that
communities impacted by wildfires receive the same quality of
assistance as communities impacted by hurricanes and floods. S. 3092
addresses the threat of fire head-on and will make communities safer.
Madam Speaker, I urge my colleagues to support this good legislation,
and I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise in support of the House
amendment to S. 3092, the Federal Emergency Management Agency
Improvement, Reform and Efficiency Act of 2021.
This legislation addresses the federal government's approach to
wildfires by setting a standard for implementing proactive plans of
action for responding to wildfires, and by requiring reports on the
effectiveness of FEMA programs.
These plans must include studies on providing housing assistance to
survivors of major disasters to resolve challenges, such as the lack of
proof of ownership, and to contract the National Academy of Sciences to
study potential solutions to address the availability and affordability
of insurance for disasters.
As the consequences of climate change become our new reality, it is
our responsibility to be prepared in accordance with those changes.
Climate change exacerbates wildfires and vice versa, like a vicious
cycle that can't be extinguished.
According to a report from the United Nations Environment Prgramme,
the number of wildfires worldwide is projected to grow 50 percent by
the year 2100.
The UN Environment Programme experts also reported that governments
are not prepared for this shift.
This is no longer a matter of prevention, but rather a matter of
preparation for what is ahead of us and for generations to come.
Across the nation, wildfires have disproportionately affected low-
income families and people of color.
Disaster insurance for those in rural areas, low-income
neighborhoods, and immigrant communities are often inaccessible, even
though they are most at risk.
Native Americans are six times more vulnerable to the impacts of
wildfires than their white counterparts due in part to the fact that
they were forced to settle in fire-prone areas.
The FIRE Act would assess the need for the federal government to
produce maps that identify wildfire zones.
This bill would also allow Indigenous tribal governments to apply for
grants to better equip emergency operations centers.
Disaster prevention insurance has increasingly become inaccessible,
especially to low-income families.
Disaster insurance is often beyond the reach of family budgets that
are burdened with the skyrocketing prices of rent and food.
In the aftermath of Hurricane Harvey, tens of thousands of families
were displaced after their homes were destroyed.
According to community advocates, about 50 percent of those
households impacted by Harvey were low-income households and many of
those damaged homes were in Black and Latino neighborhoods.
I worked tirelessly alongside the Houston Housing authority to
reverse a FEMA decision
[[Page H8560]]
to not provide any fundings for the 428 Program, which would repair
public low-income housing damaged by the Hurricane.
In cases of disaster, S. 3092 would require initiation of a process
to determine the possible benefits or disadvantages of providing
relocation assistance, addressing the growing housing issue for victims
of disasters.
In the aftermath of Hurricane Maria that wreaked havoc on Puerto
Rico, 92 percent of homes were damaged and 98 percent of those homes
applied for FEMA's housing assistance.
According to the American Bar Association, 40 percent of those in
need of housing assistance were denied due to a lack of ownership
documentation stemming from generational inheritance of homes without
government recordkeeping.
The FIRE Act would also develop a plan to address housing assistance
for those who may lack ownership documentation in case of a disaster.
The effects of climate change are no longer a ``what if,'' but our
new reality.
Since these large-scale disasters will be inflicting damage with
increasing frequency, we must be prepared for them.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Louisiana (Mr. Carter) that the House suspend the rules
and pass the bill, S. 3092, as amended.
=========================== NOTE ===========================
November 17, 2022, on page H8560, in the first column, the
following appeared: must be prepared for them. The SPEAKER pro
tempore (Ms. JACKSON LEE). The question is on the
The online version has been corrected to read: must be prepared
for them. The SPEAKER pro tempore. The question is on the
========================= END NOTE =========================
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________