[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5782 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5782
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to improve the provision of certain disaster assistance,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2021
Ms. Lofgren (for herself, Mr. Thompson of California, Mr. Huffman, and
Mr. Panetta) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 2021'' or the ``FIRE Act of 2021''.
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 ``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);
(4) 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
(5) 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. AUTHORITY FOR RELOCATION PROJECTS.
(a) Eligibility for Assistance.--An eligible applicant seeking
public mitigation assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 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 the relocation of
an eligible structure if the entity--
(1) demonstrates that--
(A) 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) the overall relocation project reduces the risk
to the structure and is cost effective; and
(C) the overall relocation project does not
increase risk to adjacent structures;
(2) complies with all other eligibility requirements for
relocation projects; and
(3) complies with Federal requirements for the project.
(b) Applicability.--Subsection (a) shall apply to a major disaster
declared by the President on or after the date of enactment of this
Act.
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 Red Flag Warnings 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) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives 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 Committee on Homeland Security and
Governmental Affairs of the Senate 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 Committee
on Homeland Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives 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) with respect to the community development block grant
disaster recovery and mitigation programs authorized under
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.)--
(A) 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) 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 CULTURAL COMPETENCY.
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) Cultural Competency.--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--
``(1) cultural competency, and respectful care practices;
and
``(2) impacts from major disasters in communities, and to
individuals, with socio-economically disadvantaged
backgrounds.''.
SEC. 8. CASE MANAGEMENT CULTURAL COMPETENCY.
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) Cultural Competency.--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--
``(1) implicit bias, cultural competency, and respectful
care practices; and
``(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) 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 of
Representatives 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 committees described in subsection (b) 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 Committee on Homeland Security and
Governmental Affairs of the Senate 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. WILDFIRE INSURANCE STUDY BY THE NATIONAL ACADEMIES.
(a) Study.--
(1) 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) 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) the ability of States, communities, and
individuals to mitigate wildfire risks, including the
affordability and feasibility of such mitigation
activities;
(C) the current and potential future effects of
land use policies and building codes on the potential
solutions;
(D) the reasons why many properties at risk of
wildfire lack insurance coverage;
(E) the role of insurers in providing incentives
for wildfire risk mitigation efforts;
(F) 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) 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) the state of modeling and mapping wildfire risk
and solutions for accurately and adequately identifying
future wildfire risk;
(I) approaches to insuring wildfire risk in the
United States; and
(J) such other issues that may be necessary or
appropriate for the report.
(2) 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) 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) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 12. 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 Committee on Homeland Security and
Governmental Affairs of the Senate 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. 13. 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. 14. DEADLINE ON CODE ENFORCEMENT AND FLOODPLAIN MANAGEMENT COST
ELIGIBILITY.
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--
(1) by striking ``period of not more than 180 days'' and
all that follows and inserting the following: ``period of--
``(i) except as provided in clause (ii),
not more than 1 year after the major disaster
is declared; or
``(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.
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''.
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