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S. 3092 — what changed

FEMA Improvement, Reform, and Efficiency Act of 2022

From Reported in Senate to Engrossed in Senate. 14 sections amended and 1 removed between Reported in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “FEMA Improvement, Reform, and Efficiency Act of 2021” 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)
added the term appropriate committees of Congress means—
(A)
added the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
(B)
added the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives;
(4)
renumbered was (5) 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)
renumbered was (6) 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)
renumbered was (7) 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)
changed Eligibility for assistance—In general— An eligible applicant seeking public mitigation 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 section sections 203, 404, and 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170c, 5172) or section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) may be eligible to receive such assistance for wildfire risk to the relocation appropriate committees of an eligible structure if the entity—Congress.
(1)
removed demonstrates that—
(A)
removed the structure is at risk from future damage, based on the most recently conducted hazard map or State or local expert risk assessment, regardless of whether the risk is of repetitive or heavy damage;
(B)
removed the overall relocation project reduces the risk to the structure and is cost effective; and
(C)
removed the overall relocation project does not increase risk to adjacent structures;
(2)
removed complies with all other eligibility requirements for relocation projects; and
(3)
removed complies with Federal requirements for the project.
(b)
changed Applicability—Contents— Subsection The report submitted under subsection (a) shall apply to a major disaster declared by the President on or after include the date of enactment of this Act.following:
(1)
added 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)
added 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)
added A discussion of how the Agency may optimize relocation assistance when entire States or geographic areas are considered subject to a fire risk.
(4)
added 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)
added 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)
added 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)
added 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)
added An evaluation of—
(A)
added the scope of the data available to the Agency regarding historical wildfire losses;
(B)
added how such data is utilized in benefit-cost analysis determinations by the Agency;
(C)
added what additional data, if any, may be pertinent to such determinations; and
(D)
added what, if any, alternative methods may be relevant to the determination of cost effectiveness.
(9)
added 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)
added 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)
added An analysis of—
(A)
added 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)
added the cost effectiveness of such projects, in light of the increasing losses and obligations for wildfires in recent years; and
(C)
added the effectiveness of any modifications described in subparagraph (A).
(12)
added 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)
added An analysis of how to define repetitive loss and repetitively damaged properties in the context of wildfires.
(14)
added 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)
added 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)
changed 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, including the use of emerging technologies, 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)
changed submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House appropriate committees of Representatives 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

changed Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs appropriate committees of the Senate 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

changed Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House appropriate committees of Representatives 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)
changed with respect ways to improve the community development block grant disaster recovery and mitigation assistance programs authorized under title I of agencies other than the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)—Agency.
(A)
removed establishing clear triggers for the appropriation of funds related to those programs based on the declaration of a major disaster that reaches identified thresholds; and
(B)
removed amending title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) to permanently establish the requirements for those programs and allow for the development of pre-disaster action plans.

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”

(2)
by adding at the end the following:

changed “(b) Cultural competency—The 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—address impacts from major disasters in communities, and to individuals, with socio-economically disadvantaged backgrounds.”

removed “(1) cultural competency and respectful care practices; and

removed “(2) 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”

(2)
by adding at the end the following:

changed “(b) Cultural competency—The 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—address impacts from major disasters in communities, and to individuals, with socio-economically disadvantaged backgrounds.”

removed “(1) cultural competency and respectful care practices; and

removed “(2) 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)
changed Comprehensive report— The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House appropriate committees of Representatives 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)
changed Briefing— Not later than 30 days after submission of the report and recommendations under subsection (b), the Administrator shall brief the appropriate committees described in subsection (b) of Congress on the findings and any recommendations made pursuant to this section.

Sec. 10 Reimbursement

changed Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs appropriate committees of the Senate 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

added 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.

(a)
removed Study—
(1)
removed In general— Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academy of Sciences to conduct a study of—
(A)
removed potential solutions to address the availability and affordability of insurance for wildfire perils in all regions of the United States, including consideration of a national all natural hazards insurance program;
(B)
removed the ability of States, communities, and individuals to mitigate wildfire risks, including the affordability and feasibility of such mitigation activities;
(C)
removed the current and potential future effects of land use policies and building codes on the potential solutions;
(D)
removed the reasons why many properties at risk of wildfire lack insurance coverage;
(E)
removed the role of insurers in providing incentives for wildfire risk mitigation efforts;
(F)
removed the state of catastrophic insurance and reinsurance markets and the approaches in providing insurance protection to different sectors of the population of the United States;
(G)
removed the role of the Federal Government and State and local governments in providing incentives for feasible wildfire risk mitigation efforts and the cost of providing assistance in the absence of insurance;
(H)
removed the state of modeling and mapping wildfire risk and solutions for accurately and adequately identifying future wildfire risk;
(I)
removed approaches to insuring wildfire risk in the United States; and
(J)
removed such other issues that may be necessary or appropriate for the report.
(2)
removed Consultation— The agreement to conduct the study described in subsection (a), shall require that, in conducting the study, the National Academy of Sciences shall consult with State insurance regulators, consumer organizations, representatives of the insurance and reinsurance industry, policyholders, and other organizations and experts, as appropriate.
(b)
removed Submission— Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress the results of the study commissioned under subsection (a).
(c)
removed Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this section.

Sec. 12 Facilitating disposal of temporary transportable housing units to survivors

changed Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs Section 408(d)(2)(B)(i) of the Senate regarding the benefits Robert T. Stafford Disaster Relief and drawbacks Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B)(i)) is amended by inserting “, with priority given to a survivor of establishing a maximum amount for assistance provided for an emergency that is based on the cost major disaster who suffered a property loss as a result of living in the region in which the emergency occurs.major disaster” after “any person”.

Sec. 13 Deadline on code enforcement and management cost eligibility

(a)
added 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)
added Applicability— The amendment made by subsection (a) shall apply with respect to amounts appropriated on or after the date of enactment of this Act.

removed 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. 14 Permit applications for Tribal upgrades to Emergency Operations Centers

(a)
added 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)
added by inserting “and Indian tribal governments” after “grants to States”; and
(2)
added by striking “State and local” and inserting “State, local, and Tribal”.

removed 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—

(b)
changed Applicability— The amendments made by striking “period of not more than 180 days” and all that follows and inserting subsection (a) shall apply with respect to amounts appropriated on or after the following:date of enactment of this Act.

removed “(i) except as provided in clause (ii), not more than 1 year after the major disaster is declared; or

removed “(ii) for flooding and other natural catastrophes, including a major disaster declared in relation to a fire or earthquake, not more than 1 year after the date on which incident occurs or the major disaster is declared.”

Sec. 15 Permit applications for Tribal upgrades to Emergency Operations Centers

removed

removed Section 614(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c(a)) is amended by inserting “and Indian tribal governments” after “grants to States”.