FIRE Act
Bill: S.3092 | Sponsor: Sen. Padilla, Alex (D-CA)
Policy area: Emergency Management

Summary:
FEMA Improvement, Reform, and Efficiency Act of 2022 or the FIRE Act
This act addresses the federal government's approach to wildfires.
Specifically, the act requires the Federal Emergency Management Agency (FEMA) to report to Congress regarding the use of relocation assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for wildfire risk.
FEMA, in coordination with the National Weather Service, must study, develop recommendations for, and initiate a process for the use of forecasts and data, including information that supports Red Flag Warnings and similar weather alert and notification methods, to establish
The Government Accountability Office must report to Congress regarding wildfires, including the effectiveness of FEMA programs.
Each state, local agency, or private mental health organization providing professional crisis counseling assistance must ensure that those providing case management services to victims of a major disaster have training to address impacts in communities and to individuals with socioeconomically disadvantaged backgrounds.
FEMA must 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 presence of multiple families within a single household.
The act allows Indian tribal governments to apply for grants for equipping, upgrading, and constructing state and local emergency operations centers.

[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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