H.R. 1393: Justice for Black Farmers Act of 2021

Introduced Feb 26, 20212 cosponsors

Sponsor

Alma Adams

Alma Adams

Democrat · NC

Bill Progress

IntroducedFeb 26
Committee 
Pass House 
Pass Senate 
Signed 
Law 

Latest Action · Feb 26, 2021

1/3

Assigned to Subcommittee on the Constitution, Civil Rights, and Civil Liberties. for review

FEMA gets 1-year wildfire overhaul

Why it matters

Major wildfires are exposing gaps in federal recovery and mitigation rules, and this bill gives FEMA exactly 1 year after enactment to rewrite key guidance for fire response, cleanup, and prevention.

Third, the bill requires FEMA to review how it measures whether wildfire mitigation projects are cost-effective under sections 203 and 404 of the Stafford Act, codified at 42 U.S.C. 5133 and 42 U.S.C. 5170c. The review must cover a pre-calculated benefits criterion for common defensible space mitigation projects, nature-based infrastructure, vegetation management, reducing the negative public-health effects of wildfire smoke, and lessening wildfire impacts on water infrastructure. After that review, FEMA must issue updated guidance and prioritize section 203 and 404 projects using the new criteria. In plain English, the bill pushes FEMA to better value prevention work before the next fire hits.

What does H.R. 1393 do?

1

FEMA must rewrite fire assistance rules within 1 year

Not later than 1 year after the date of enactment, the Administrator of FEMA must recommend regulations or guidance for the fire management assistance program under section 420 of the Stafford Act, 42 U.S.C. 5187, so that assessments and emergency stabilization are eligible when they protect public safety.

2

Declared-fire aid can’t depend on incident period

The bill says eligibility for those wildfire-related assessments and emergency stabilization measures must be determined irrespective of the incident period for a declared fire, a specific rule change aimed at work that is still needed after the formal fire period ends.

3

Public Assistance guide must cover 3 wildfire problems

Within 1 year after enactment, FEMA must amend the Public Assistance Program and Policy Guide to include wildfire-specific recovery challenges, specifically debris removal, emergency protective measures, and the toxicity of drinking water resources.

4

Cost-effectiveness review for sections 203 and 404

FEMA must review the criteria it uses to evaluate wildfire mitigation projects under sections 203 and 404 of the Stafford Act, 42 U.S.C. 5133 and 42 U.S.C. 5170c, and that review must include 5 topics: pre-calculated benefits for common defensible space projects, nature-based infrastructure, vegetation management, wildfire smoke public-health impacts, and wildfire damage to water infrastructure.

5

Pre-calculated benefits for defensible space projects

One required part of the review is establishing a pre-calculated benefits criterion for common defensible space mitigation projects, which could make it easier for applicants to prove cost-effectiveness without building a new analysis from scratch for every project.

6

Updated guidance must also change project priority

After completing the review, and still not later than 1 year after enactment, the FEMA Administrator must issue guidance that both updates cost-effectiveness evaluation criteria and prioritizes projects under sections 203 and 404 using those updated criteria.

Who benefits from H.R. 1393?

Wildfire-hit local governments

Cities, counties, and special districts could benefit from FEMA guidance that explicitly covers debris removal, emergency protective measures, and toxic drinking water resources, all of which must be added to the Public Assistance Program and Policy Guide within 1 year after enactment.

Communities with damaged drinking water systems

People in fire-affected areas benefit because the bill specifically requires FEMA to address the toxicity of drinking water resources and to consider how mitigation can lessen wildfire impacts on water infrastructure.

Applicants proposing defensible space and vegetation projects

Homeowner associations, tribes, local governments, and other applicants could benefit if FEMA creates a pre-calculated benefits criterion for common defensible space mitigation projects and gives more weight to vegetation management under sections 203 and 404.

Public health and emergency response agencies

Health departments and emergency managers could benefit because FEMA's cost-effectiveness review must consider reducing the negative effects of wildfire smoke on public health, potentially making smoke-related mitigation projects easier to justify.

Who is affected by H.R. 1393?

Federal Emergency Management Agency (FEMA)

The FEMA Administrator is directly affected because the bill imposes 3 separate deadlines, all due not later than 1 year after enactment: recommend fire assistance regulations or guidance, amend the Public Assistance Program and Policy Guide, and review and update mitigation cost-effectiveness criteria.

State emergency management agencies

States that work with FEMA on Stafford Act aid would need to adjust to revised eligibility and prioritization rules under section 420, 42 U.S.C. 5187, and mitigation project criteria under sections 203 and 404, 42 U.S.C. 5133 and 42 U.S.C. 5170c.

Utilities and water system operators

Operators of drinking water and related infrastructure are affected because the bill specifically highlights the toxicity of drinking water resources and requires FEMA to consider projects that lessen wildfire impacts on water infrastructure.

Communities seeking mitigation grants

Applicants for wildfire mitigation funding would face a changed review system because FEMA must update cost-effectiveness rules and prioritize projects based on the new criteria, including nature-based infrastructure and vegetation management.

HR1393 Legislative Journey

1 actions

Committee Action

Feb 26, 2021

Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

About the Sponsor

Alma Adams

Alma Adams

Democrat, North Carolina's 12th congressional district · 12 years in Congress

Committees: Agriculture, Education and Workforce

View full profile →

Cosponsors (2)

No new cosponsors in 398 days — momentum stalled

This bill has 2 cosponsors: 1 Democrat, 1 Republican, reflecting bipartisan support. Cosponsors represent 1 state: California.

1Democrat1Republican·1 stateBipartisan

H.R. 1393 Quick Facts

Cosponsors
2
Jared Huffman
D
Chamber
House
Policy
Agriculture and Food
Introduced
Feb 26, 2021

Assigned to Subcommittee on the Constitution, Civil Rights, and Civil Liberties. for review

Feb 26, 2021

Constituent Resources

Get notified when this bill moves

Official Sources

H.R. 1393 on Congress.gov

Official bill page with text, actions, sponsors, and status for the Wildfire Response Improvement Act.

FEMA Fire Management Assistance Grant Program

This FEMA program page is directly relevant to Section 2, which updates eligibility and guidance for fire management assistance.

FEMA Benefit-Cost Analysis

This FEMA page covers the benefit-cost framework that underlies project cost-effectiveness reviews, including the kind of criteria HR 1393 would require FEMA to revisit.

FEMA Hazard Mitigation Assistance

Official FEMA overview of mitigation grant programs connected to Stafford Act sections 203 and 404, which the bill targets for updated wildfire criteria.

U.S. Code, 42 U.S.C. 5187

Official U.S. Code entry for Stafford Act section 420, the statutory authority for the Fire Management Assistance Grant Program referenced in Section 2.

U.S. Code, 42 U.S.C. 5133

Official U.S. Code entry for Stafford Act section 203, one of the two mitigation authorities whose cost-effectiveness criteria the bill orders FEMA to review.

U.S. Code, 42 U.S.C. 5170c

Official U.S. Code entry for Stafford Act section 404, the other mitigation authority specifically named in Section 4 of the bill.

H.R. 1393 Bill Text

To direct the Administrator of the Federal Emergency Management Agency to conduct a review of the criteria for evaluating the cost-effectiveness of certain mitigation projects, and for other purposes.

Source: U.S. Government Publishing Office

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