[117th Congress Public Law 251]
[From the U.S. Government Publishing Office]
[[Page 2353]]
FEMA IMPROVEMENT, REFORM, AND EFFICIENCY ACT OF 2022
[[Page 136 STAT. 2354]]
Public Law 117-251
117th Congress
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. <<NOTE: Dec. 20, 2022 - [S. 3092]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: FEMA
Improvement, Reform, and Efficiency Act of 2022.>>
SECTION 1. <<NOTE: 42 USC 5121 note.>> SHORT TITLE.
This Act may be cited as the ``FEMA Improvement, Reform, and
Efficiency Act of 2022'' or the ``FIRE Act''.
SEC. 2. <<NOTE: 42 USC 5131 note.>> 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. <<NOTE: Analyses.>> --The report submitted under
subsection (a) shall include the following:
[[Page 136 STAT. 2355]]
(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) <<NOTE: Evaluation.>> 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
[[Page 136 STAT. 2356]]
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. <<NOTE: Deadline. 42 USC 5131 note.>> 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) <<NOTE: Study.>> 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) <<NOTE: Reports. Recommenda- tions.>> 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. <<NOTE: Deadline. Briefing.>> 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;
[[Page 136 STAT. 2357]]
(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) <<NOTE: 42 USC 5183 note.>> 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) <<NOTE: 42 USC 5189d note.>> 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) <<NOTE: Deadline.>> 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
[[Page 136 STAT. 2358]]
(2) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Deadline.>> 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) <<NOTE: 42 USC 5196c note.>> Applicability.--The amendments
made by subsection (a) shall apply with respect to amounts appropriated
on or after the date of enactment of this Act.
Approved December 20, 2022.
LEGISLATIVE HISTORY--S. 3092:
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SENATE REPORTS: No. 117-144 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
Sept. 28, considered and passed Senate.
Nov. 17, considered and passed House, amended.
Dec. 7, Senate concurred in House amendment.
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