II 

117TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 27, 2021 

Mr. PADILLA (for himself and Mr. WYDEN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FEMA Improvement, 

5 Reform, and Efficiency Act of 2021’’ or the ‘‘FIRE Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘Administrator’’ means the Ad9 ministrator of the Agency; 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3092 IS

1 (2) the term ‘‘Agency’’ means the Federal 

2 Emergency Management Agency; 

3 (3) the term ‘‘emergency’’ means an emergency 

4 declared or determined to exist by the President 

5 under section 501 of the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 

7 5191); 

8 (4) the terms ‘‘Indian tribal government’’, 

9 ‘‘local government’’, and ‘‘State’’ have the meanings 

10 given such terms in section 102 of the Robert T. 

11 Stafford Disaster Relief and Emergency Assistance 

12 Act (42 U.S.C. 5122); and 

13 (5) the term ‘‘major disaster’’ means a major 

14 disaster declared by the President under section 401 

15 of the Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5170). 

17 SEC. 3. AUTHORITY FOR RELOCATION PROJECTS. 

18 (a) ELIGIBILITY FOR ASSISTANCE.—An eligible ap19 plicant seeking public mitigation assistance under section 

20 406 of the Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5172) or section 1366 

22 of the National Flood Insurance Act of 1968 (42 U.S.C. 

23 4104c) may be eligible to receive such assistance for the 

24 relocation of an eligible structure if the entity— 

25 (1) demonstrates that— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3092 IS

1 (A) the structure is at risk from future 

2 damage, based on the most recently conducted 

3 hazard map or State or local expert risk assess4 ment, regardless of whether the risk is of repet5 itive or heavy damage; 

6 (B) the overall relocation project reduces 

7 the risk to the structure and is cost effective; 

8 and 

9 (C) the overall relocation project does not 

10 increase risk to adjacent structures; 

11 (2) complies with all other eligibility require12 ments for relocation projects; and 

13 (3) complies with Federal requirements for the 

14 project. 

15 (b) APPLICABILITY.—Subsection (a) shall apply to a 

16 major disaster declared by the President on or after the 

17 date of enactment of this Act. 

18 SEC. 4. RED FLAG WARNINGS AND PREDISASTER ACTIONS. 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Administrator, in coordination with the 

21 National Weather Service of the National Oceanic and At22 mospheric Administration, shall— 

23 (1) conduct a study of, develop recommenda24 tions for, and initiate a process for the use of Red 

25 Flag Warnings and similar weather alert and notifiVerDate Sep 11 2014 04:00 Oct 28, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3092.IS S3092

kjohnson on DSK79L0C42PROD with BILLS
4 

•S 3092 IS

1 cation methods, including the use of emerging tech2 nologies, to establish— 

3 (A) plans and actions, consistent with law, 

4 that can be implemented prior to a wildfire 

5 event, including pre-impact disaster declara6 tions and surge operations, that can limit the 

7 impact, duration, or severity of the fire; and 

8 (B) mechanisms to increase interagency 

9 collaboration to expedite the delivery of disaster 

10 assistance; and 

11 (2) submit to the Committee on Homeland Se12 curity and Governmental Affairs of the Senate and 

13 the Committee on Transportation and Infrastructure 

14 of the House of Representatives a comprehensive re15 port regarding the study described in paragraph (1), 

16 including any recommendations of the Adminis17 trator, and the activities of the Administrator to 

18 carry out paragraph (1). 

19 SEC. 5. ASSISTANCE FOR WILDFIRE DAMAGE. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Administrator shall brief the Committee 

22 on Homeland Security and Governmental Affairs of the 

23 Senate regarding— 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 3092 IS

1 (1) the application for assistance and consist2 ency of assistance provided by the Agency in re3 sponse to wildfires; and 

4 (2) the kinds of damage that result from 

5 wildfires. 

6 SEC. 6. GAO REPORT ON GAPS. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Comptroller General of the United States 

9 shall submit to the Committee on Homeland Security and 

10 Governmental Affairs of the Senate and the Committee 

11 on Transportation and Infrastructure of the House of 

12 Representatives a report that examines— 

13 (1) gaps in the policies of the Agency related to 

14 wildfires, when compared to other hazards; 

15 (2) disparities in regulations and guidance 

16 issued by the Administrator, including any oversight 

17 of the programs of the Agency, when addressing im18 pacts of wildfires and other hazards; 

19 (3) ways to shorten the period of time between 

20 the initiating of and the distribution of assistance, 

21 reimbursements, and grants; 

22 (4) the effectiveness of the programs of the 

23 Agency in addressing wildfire hazards; 

24 (5) ways to improve the ability of the Agency 

25 to assist States, local governments, and Indian tribal 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 3092 IS

1 governments to prepare for, respond to, recover 

2 from, and mitigate against wildfire hazards; 

3 (6) revising the application process for assist4 ance relating to wildfires to more effectively assess 

5 uninsured and underinsured losses and serious 

6 needs; and 

7 (7) with respect to the community development 

8 block grant disaster recovery and mitigation pro9 grams authorized under title I of the Housing and 

10 Community Development Act of 1974 (42 U.S.C. 

11 5301 et seq.)— 

12 (A) establishing clear triggers for the ap13 propriation of funds related to those programs 

14 based on the declaration of a major disaster 

15 that reaches identified thresholds; and 

16 (B) amending title I of the Housing and 

17 Community Development Act of 1974 (42 

18 U.S.C. 5301 et seq.) to permanently establish 

19 the requirements for those programs and allow 

20 for the development of pre-disaster action plans. 

21 SEC. 7. CRISIS COUNSELING CULTURAL COMPETENCY. 

22 Section 416 of the Robert T. Stafford Disaster Relief 

23 and Emergency Assistance Act (42 U.S.C. 5183) is 

24 amended— 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 3092 IS

1 (1) by striking ‘‘The President’’ and inserting 

2 the following: 

3 ‘‘(a) IN GENERAL.—The President’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) CULTURAL COMPETENCY.—The President shall, 

6 in consultation with affected States, local governments, 

7 and Indian tribal governments and cultural experts, en8 sure that any individual providing professional counseling 

9 services to victims of a major disaster as authorized under 

10 subsection (a), including those working for nonprofit part11 ners and recovery organizations, is appropriately trained 

12 to address— 

13 ‘‘(1) cultural competency and respectful care 

14 practices; and 

15 ‘‘(2) impacts from major disasters in commu16 nities, and to individuals, with socio-economically 

17 disadvantaged backgrounds.’’. 

18 SEC. 8. CASE MANAGEMENT CULTURAL COMPETENCY. 

19 Section 426 of the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act (42 U.S.C. 5189d) is 

21 amended— 

22 (1) by striking ‘‘The President’’ and inserting 

23 the following: 

24 ‘‘(a) IN GENERAL.—The President’’; and 

25 (2) by adding at the end the following: 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 3092 IS

1 ‘‘(b) CULTURAL COMPETENCY.—The President shall, 

2 in consultation with affected States, local governments, 

3 and Indian tribal governments and cultural experts, en4 sure that any individual providing case management serv5 ices to victims of a major disaster as authorized under 

6 subsection (a), including those working for nonprofit part7 ners and recovery organizations, is appropriately trained 

8 to address— 

9 ‘‘(1) cultural competency and respectful care 

10 practices; and 

11 ‘‘(2) impacts from major disasters in commu12 nities, and to individuals, with socio-economically 

13 disadvantaged backgrounds.’’. 

14 SEC. 9. STUDY AND PLAN FOR DISASTER HOUSING ASSIST15 ANCE. 

16 (a) STUDY.—Not later than 180 days after the date 

17 of enactment of this Act, the Administrator shall— 

18 (1) conduct a study and develop a plan, con19 sistent with law, under which the Agency will ad20 dress providing housing assistance to survivors of 

21 major disasters or emergencies when presented with 

22 challenges such as— 

23 (A) the lack of proof of ownership or own24 ership documentation; 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 3092 IS

1 (B) the presence of multiple families with2 in a single household; and 

3 (C) the near loss of a community, with the 

4 majority of homes destroyed in that community, 

5 including as a result of a wildfire, earthquake, 

6 or other event causing a major disaster; and 

7 (2) make recommendations for legislative 

8 changes needed to address— 

9 (A) the unmet needs of survivors of major 

10 disasters or emergencies who are unable to doc11 ument or prove ownership of the household; 

12 (B) the presence of multiple families with13 in a single household; and 

14 (C) the near loss of a community, with the 

15 majority of homes destroyed in that community, 

16 including as a result of a wildfire, earthquake, 

17 or other event causing a major disaster. 

18 (b) COMPREHENSIVE REPORT.—The Administrator 

19 shall submit to the Committee on Homeland Security and 

20 Governmental Affairs of the Senate and the Committee 

21 on Transportation and Infrastructure of the House of 

22 Representatives a report that provides a detailed discus23 sion of the plans developed under subsection (a)(1) and 

24 the recommendations of the Administrator under sub25 section (a)(2). 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 3092 IS

1 (c) BRIEFING.—Not later than 30 days after submis2 sion of the report and recommendations under subsection 

3 (b), the Administrator shall brief the committees described 

4 in subsection (b) on the findings and any recommenda5 tions made pursuant to this section. 

6 SEC. 10. REIMBURSEMENT. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Administrator shall brief the Committee 

9 on Homeland Security and Governmental Affairs of the 

10 Senate regarding the extent to which the Agency is using 

11 housing solutions proposed by a State or local government 

12 to reduce the time or cost required to implement housing 

13 solutions after a major disaster. 

14 SEC. 11. WILDFIRE INSURANCE STUDY BY THE NATIONAL 

15 ACADEMIES. 

16 (a) STUDY.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this Act, the Adminis19 trator shall seek to enter into an agreement with the 

20 National Academy of Sciences to conduct a study 

21 of— 

22 (A) potential solutions to address the avail23 ability and affordability of insurance for wild24 fire perils in all regions of the United States, 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 3092 IS

1 including consideration of a national all natural 

2 hazards insurance program; 

3 (B) the ability of States, communities, and 

4 individuals to mitigate wildfire risks, including 

5 the affordability and feasibility of such mitiga6 tion activities; 

7 (C) the current and potential future effects 

8 of land use policies and building codes on the 

9 potential solutions; 

10 (D) the reasons why many properties at 

11 risk of wildfire lack insurance coverage; 

12 (E) the role of insurers in providing incen13 tives for wildfire risk mitigation efforts; 

14 (F) the state of catastrophic insurance and 

15 reinsurance markets and the approaches in pro16 viding insurance protection to different sectors 

17 of the population of the United States; 

18 (G) the role of the Federal Government 

19 and State and local governments in providing 

20 incentives for feasible wildfire risk mitigation 

21 efforts and the cost of providing assistance in 

22 the absence of insurance; 

23 (H) the state of modeling and mapping 

24 wildfire risk and solutions for accurately and 

25 adequately identifying future wildfire risk; 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 3092 IS

1 (I) approaches to insuring wildfire risk in 

2 the United States; and 

3 (J) such other issues that may be nec4 essary or appropriate for the report. 

5 (2) CONSULTATION.—The agreement to con6 duct the study described in subsection (a), shall re7 quire that, in conducting the study, the National 

8 Academy of Sciences shall consult with State insur9 ance regulators, consumer organizations, representa10 tives of the insurance and reinsurance industry, pol11 icyholders, and other organizations and experts, as 

12 appropriate. 

13 (b) SUBMISSION.—Not later than 2 years after the 

14 date of enactment of this Act, the Administrator shall sub15 mit to Congress the results of the study commissioned 

16 under subsection (a). 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section. 

20 SEC. 12. INCREASED CAP FOR EMERGENCY DECLARATIONS 

21 BASED ON REGIONAL COST OF LIVING. 

22 Not later than 180 days after the date of enactment 

23 of this Act, the Administrator shall brief the Committee 

24 on Homeland Security and Governmental Affairs of the 

25 Senate regarding the benefits and drawbacks of estabVerDate Sep 11 2014 04:00 Oct 28, 2021 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3092.IS S3092

kjohnson on DSK79L0C42PROD with BILLS
13 

•S 3092 IS

1 lishing a maximum amount for assistance provided for an 

2 emergency that is based on the cost of living in the region 

3 in which the emergency occurs. 

4 SEC. 13. FACILITATING DISPOSAL OF TEMPORARY TRANS5 PORTABLE HOUSING UNITS TO SURVIVORS. 

6 Section 408(d)(2)(B)(i) of the Robert T. Stafford 

7 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

8 5174(d)(2)(B)(i)) is amended by inserting ‘‘, with priority 

9 given to a survivor of a major disaster who suffered a 

10 property loss as a result of the major disaster’’ after ‘‘any 

11 person’’. 

12 SEC. 14. DEADLINE ON CODE ENFORCEMENT AND FLOOD13 PLAIN MANAGEMENT COST ELIGIBILITY. 

14 Section 406(a)(2)(D) of the Robert T. Stafford Dis15 aster Relief and Emergency Assistance Act (42 U.S.C. 

16 5172(a)(2)(D)) is amended— 

17 (1) by striking ‘‘period of not more than 180 

18 days’’ and all that follows and inserting the fol19 lowing: ‘‘period of— 

20 ‘‘(i) except as provided in clause (ii), 

21 not more than 1 year after the major dis22 aster is declared; or 

23 ‘‘(ii) for flooding and other natural 

24 catastrophes, including a major disaster 

25 declared in relation to a fire or earthquake, 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 3092 IS

1 not more than 1 year after the date on 

2 which incident occurs or the major disaster 

3 is declared.’’. 

4 SEC. 15. PERMIT APPLICATIONS FOR TRIBAL UPGRADES TO 

5 EMERGENCY OPERATIONS CENTERS. 

6 Section 614(a) of the Robert T. Stafford Disaster Re7 lief and Emergency Assistance Act (42 U.S.C. 5196c(a)) 

8 is amended by inserting ‘‘and Indian tribal governments’’ 

9 after ‘‘grants to States’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS