FIRE Act of 2021
Bill: H.R.5782 | Sponsor: Rep. Lofgren, Zoe (D-CA)
Policy area: Emergency Management

Summary:
FEMA Improvement, Reform, and Efficiency Act of 2021 or the FIRE Act
This bill addresses the federal government's approach to wildfires.
Specifically, the bill authorizes a public mitigation assistance applicant to relocate an eligible structure upon demonstrating that the structure is at risk from future damage and the relocation reduces the risk to the structure, is cost effective, and does not increase risk to adjacent structures.
The Federal Emergency Management Agency (FEMA), in coordination with the National Weather Service, must conduct a study on Red Flag Warnings and similar weather and notification methods to implement plans and actions prior to a wildfire that can limit the impact, duration, or severity of the fire.
The President must ensure that those providing counseling or case management services to victims of a major disaster are trained to address cultural competency.
FEMA must (1) conduct a study and develop a plan to address providing housing assistance to survivors of major disasters or emergencies when presented with challenges such as the lack of proof of ownership, and (2) seek to contract with the National Academy of Sciences to study solutions to address the availability and affordability of insurance for wildfire perils and other related matters.
The bill allows Indian tribal governments to apply for grants for equipping, upgrading, and constructing state and local emergency operations centers.

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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