[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.

                          ____________________