Fixing Emergency Management for Americans (FEMA) Act: A County-Level Analysis

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Brett Mattson
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On July 24, the U.S. House Transportation and Infrastructure (T&I) Committee Chair Sam Graves (R-Mo.) and Ranking Member Rick Larsen (D-Wash.) released the bipartisan Fixing Emergency Management for Americans (FEMA) Act (H.R.4669), to dramatically overhaul the Federal Emergency Management Agency (FEMA). This analysis outlines the bill’s key provisions and is designed to help county leaders understand the proposed reforms amid a shifting federal disaster framework.
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On July 24, the U.S. House Transportation and Infrastructure (T&I) Committee Chair Sam Graves (R-Mo.) and Ranking Member Rick Larsen (D-Wash.) released the bipartisan Fixing Emergency Management for Americans (FEMA) Act (H.R.4669), to dramatically overhaul the Federal Emergency Management Agency (FEMA). NACo provided actionable recommendations to T&I majority and minority staff throughout the drafting process and are proud to see many of these items represented in the final text. Following the bill’s introduction, NACo sent a letter to T&I leadership expressing support for the legislation and outlining how its provisions would strengthen emergency response and recovery efforts for counties across the nation.
Latest Status
The bill now awaits action from the T&I Committee, which will not take place until the House returns from August recess on September 2. We expect a markup of the bill shortly thereafter.
What does the FEMA Act do?
Section | Action | County Impact |
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Division A, Section 11 | Establishes FEMA as a cabinet-level agency.
| Elevating FEMA to a cabinet-level agency could improve federal response times, enhance interagency coordination and give counties more direct access to top decision-makers during disasters. |
Division A, Section 12 | Establishes criteria for criteria for the FEMA Administrator and Deputy Administrator. The FEMA Administrator must have no less than five years of executive leadership experience and a demonstrated understanding of emergency management. The Deputy Administrator must possess extensive experience in emergency response, recovery, mitigation and related areas |
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Division A, Section 13 | This provision defines the FEMA Administrator’s duties and reinforces an “all-hazards” approach, not limited to natural disasters. For counties, it ensures FEMA support is flexible and aligned with the full range of local threats, from natural events to cyber and public health emergencies. |
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Division A, Section 14 | Outlines timing of transition for FEMA to an independent agency at one-year. | A one-year transition period to establish FEMA as an independent agency could temporarily slow decision-making, disrupt coordination or create uncertainty during active disasters. Counties may face delays in resource allocation or policy guidance as the agency restructures, making strong interim leadership and communication essential to minimize disruptions during this period. |
Division A, Section 19 | This provision establishes a FEMA Working Capital Fund at the U.S. Department of the Treasury to support the ongoing operational needs of the agency. The fund would be used for the maintenance and improvement of FEMA headquarters and other facilities, as well as to support personnel, technology systems and administrative services. |
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Division A, Section 20 | Establishes a veterans advocate in FEMA to ensure that the needs of veterans are addressed during recovery and coordinate across veteran service organizations. | Veterans could benefit from more targeted and efficient support during recovery efforts. This role could help bridge gaps in services, reduce duplication and ensure that veterans receive timely access to recovery resources. |
Section | Action | County Impact |
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Division B, Section 101 | Transitions FEMA’s Public Assistance Program from a reimbursement-based model to a grant-based system. Grants may be made directly to counties for the repair, restoration, reconstruction, or replacement of public facilities, as well as for hazard mitigation projects. Cost estimates will be based on repairs or replacements up to current codes, including mitigation, and must be reviewed by FEMA within 90 days - after which they are deemed approved unless evidence of fraud exists. Funds must be disbursed within 30 days of approval, and a one-time cost estimate adjustment is allowed within two years to account for price fluctuations. Projects are subject to an annual reporting requirement, and the cost share for mitigation measures will operate on a 65% to 85% sliding scale. To avoid the minimum 65% share, certain baseline mitigation and preparedness actions must be met. Counties implementing additional proactive measures may be eligible for up to 85% federal cost share. Sections 406 and 428 of the Stafford Act would sunset on December 31, 2032.
| Transitioning the Public Assistance Program to a grant-based model would significantly benefit counties by providing faster access to federal disaster funds, eliminating the delays and cash flow challenges associated with the traditional reimbursement process. By allowing grants to be made directly to counties, the provision enhances local control and simplifies project management during recovery. The pre-approval of cost estimates and defined timelines for review and disbursement would offer counties greater financial predictability and reduce administrative burdens. Additionally, the sliding scale cost-share structure incentivizes counties to invest in preparedness, mitigation and updated building codes to qualify for a higher federal match.
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Division B, Section 102 | Creates a Task Force to make recommendations on how to address the backlog of existing open disaster claims. Membership shall include the Administrator, Regional Administrators and other experts. Directs the Administrator to direct each Regional Administrator to close out disasters and disperse remaining fund if 90 percent of the costs expended for all approved projects are validated. | Recommendations from the Task Force could speed up the resolution of long-standing disaster claims, allowing counties to receive final payments sooner and reduce administrative burdens. Faster closeouts free up local resources and provide financial certainty, while regional involvement ensures a more tailored approach to addressing outstanding issues. |
Division B, Section 103 | Directs the FEMA Administrator to give greater weight to the needs of economically distressed and rural areas when recommending major disaster declarations or proposing the non-federal cost share for assistance. | Counties in economically distressed or rural areas could benefit from an increased likelihood of receiving federal disaster declarations and more favorable cost-share arrangements. This would help ensure timely access to recovery funding in communities with limited local resources, easing the financial burden on smaller or under-resourced counties during disasters. |
Division B, Section 104 | Streamlines the permitting process for disaster recovery and mitigation projects by allowing waivers from environmental and historic preservation reviews for work on previously disturbed land. It includes exemptions when projects involve building to current codes or implementing mitigation measures and extends similar flexibility to Endangered Species Act reviews. | Counties could see faster project approvals and reduced delays in rebuilding critical infrastructure after disasters. By easing regulatory hurdles for projects on previously developed sites, this provision would help counties expedite recovery and lower administrative costs. |
Division B, Section 106 | Allows states to request a lump sum payment for small disasters, defined as those with damages less than or equal to 125 percent of the state’s per capita damage threshold. The lump sum would equal 80 percent of the estimated federal share under the Public Assistance Program. |
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Division B, Section 107 | Prohibits the President from imposing additional requirements that could delay debris removal from public or private lands and waters following a disaster. It also directs the FEMA Administrator to review current contracting practices and develop best practices to promote efficient, effective and accountable debris removal. | Counties could benefit from faster and less burdensome debris removal processes, helping to speed up recovery and reduce public health and safety risks. The development of standardized best practices would also support counties in securing reliable contractors and avoiding delays or compliance issues during future disaster cleanups. |
Division B, Section 108 | Incorporates the NACo endorsed Disaster Management Costs Modernization Act, which reduces the administrative burden on local governments by allowing for management costs to be spread across multiple disasters. | Counties would face fewer administrative hurdles and gain greater flexibility in managing recovery resources. By spreading costs across multiple events, counties can streamline reporting, reduce duplicative paperwork and better support staff and operations involved in long-term disaster recovery. |
Division B, Section 109 | Directs FEMA, the U.S. Department of Housing and Urban Development (HUD) and the U.S. Small Business Administration (SBA) to conduct a coordinated study on how to streamline the preliminary damage assessment (PDA) process and provide recommendations for improving the current fragmented system. |
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Division B, Section 110 | Creates an advisory panel within FEMA to review and recommend reforms to the process for determining disaster incident periods. The panel will examine challenges related to slow-onset, noncontiguous, compound, and cascading disasters. Importantly, it will include at least two county officials to ensure local perspectives are represented. | Counties would gain a direct voice in shaping how FEMA defines and manages incident periods, which directly affects eligibility for assistance. |
Division B, Section 112 | Incorporates the NACo-endorsed Fire Management Assistance Grants for Tribal Governments Act, which authorizes tribal governments to directly request Fire Management Assistance Grants (FMAGs) from FEMA without going through a state intermediary. | By allowing tribal governments to directly access FMAGs, this provision would strengthen local response capacity and foster more effective coordination between counties and tribal partners during wildfire emergencies. |
Division B, Section 114 | Allows FEMA to reimburse costs associated with sheltering emergency response personnel for up to six months following a declared disaster. Covered individuals include law enforcement, fire suppression, rescue, EMS, emergency management, emergency communications personnel, and elected officials - excluding Members of Congress. | Counties would be able to recover the cost of providing temporary housing for essential personnel, reducing the financial strain on local budgets during extended disaster recovery operations. |
Division B, Section 118 | Clarifies that under procurement regulations, counties and other units of local government are treated as states, allowing for expedited procurement processes. | Treating counties the same as states under FEMA’s procurement regulations would streamline the purchasing process during disasters, allowing counties to act more quickly to secure necessary goods and services. This would reduce red tape, shorten response times and improve the efficiency of local disaster operations. |
Section | Action | County Impact |
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Division B, Section 201 and 202 | Establishes a universal disaster application system that enables survivors to complete a single application for assistance across multiple federal agencies, including FEMA, HUD, SBA and U.S. Department of Agriculture. The system would facilitate interagency information sharing and allow applicants to track the status of their applications in real time. | Counties would benefit from a simplified, more user-friendly disaster assistance process for residents, reducing confusion, duplication and delays. By streamlining access to federal aid, the system would improve survivor outcomes and ease the burden on local officials who often help residents navigate complex, multi-agency recovery processes. |
Division B, Section 203 | Clarifies that receiving a disaster loan does not count as a duplication of benefits and that individuals who receive charitable donations remain eligible for FEMA’s Individuals and Households Program (IHP). | Counties would see fewer residents denied assistance due to technicalities, resulting in faster, fairer access to recovery resources. This change would reduce administrative confusion, lessen appeals and help local governments support disaster survivors more effectively. |
Division B, Section 204 | Clarifies that FEMA’s Crisis Counseling Assistance and Training Program (CCP) covers services related to substance use and alcohol use, ensuring that mental and behavioral health needs are eligible for support following a disaster. |
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Division B, Section 205 | Allows FEMA to fund permanent repairs to homes when it is more cost-effective than providing temporary housing. It also eliminates the requirement that a home must be rendered uninhabitable by a disaster to qualify for hazard mitigation assistance. | Counties could see faster, more sustainable housing recovery for residents, reducing prolonged reliance on temporary housing and lowering overall recovery costs. Expanding eligibility for mitigation funding also enables more homeowners to strengthen their properties before disasters. |
Division B, Section 206 | Establishes a permanent repair program that allows FEMA to provide assistance for minor repairs to disaster-damaged homes, ensuring survivors have a safe place to shelter during recovery. |
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Division B, Section 207 | Allows the President to provide direct assistance to individuals when financial aid isn’t enough to repair disaster-damaged, owner-occupied homes – especially for people with disabilities or where resources are scarce. It also supports mitigation efforts to reduce future damage. | Counties would see improved outcomes for vulnerable residents who might otherwise be left without safe housing. This assistance fills critical gaps in recovery, particularly in underserved areas and supports long-term resilience by enabling mitigation upgrades alongside repairs. |
Division B, Section 208 | Ensures that individuals who indicate they have an insurance policy will not receive denial letters from FEMA while their insurance claim is still pending a final determination. | This change would help ensure residents aren’t prematurely disqualified from assistance, streamlining the recovery process and easing the burden on local officials who support residents navigating disaster aid. |
Division B, Section 211 | Reauthorizes the State-Managed Housing Authority Pilot Program, which originally sunset in 2020. First established under the Disaster Recovery Reform Act of 2018, the program empowers state governments to develop and manage disaster housing solutions tailored to their communities' needs. |
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Division B, Section 214 | Directs the Administrator to provide alternative methods for determining eligibility for assistance outside of solely a fixed, physical address. | Counties would see better access to assistance for populations with non-traditional housing situations, such as renters, mobile home residents or individuals experiencing homelessness. This flexibility helps ensure that all disaster survivors can be evaluated fairly for aid, reducing service gaps and easing pressure on local support systems. |
Division B, Section 216 | Allows FEMA to provide assistance to replace a home if it has been completely destroyed and the cost of replacement is less than that of temporary housing assistance. |
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Section | Action | County Impact |
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Division B, Section 301 | Creates a new state mitigation project planning process, requiring each state to submit a list of preapproved mitigation projects to expedite implementation once funding becomes available. Each plan must include at least one mitigation project per county and be submitted within three years of the FEMA Act’s enactment. A 30-person peer review panel, appointed by the President, will review and make approval recommendations within three months of submission. | Counties would benefit from being proactively included in state mitigation planning, ensuring their priorities are represented and ready for funding when disasters strike. This process would increase local access to mitigation resources and shorten project timeline. |
Division B, Section 302 | Restructures FEMA’s pre-disaster mitigation program by shifting it from a competitive grant model to a formula-based approach. The formula allocates funding as follows: 40% equally among all states, 20% based on vulnerability to natural hazards, 20% based on population size and lower median income, and 20% based on the number of economically distressed or rural communities. Additionally, states must pass through at least 50% of their allocated funds to local governments. | Counties would benefit from more predictable access to pre-disaster mitigation funding, especially those in high-risk, low-income or rural areas. The formula structure reduces the administrative burden of competitive applications and ensures that counties receive a fair share of resources to invest in resilience projects.
The local pass-through requirement guarantees that counties will directly benefit from state allocations, improving their ability to prepare for and reduce the impacts of future disasters. |
Division B, Section 303 | Clarifies that references to building codes in FEMA programs shall mean the two most recently published editions. It also establishes a Residential Retrofit and Resilience Pilot Program to support local governments in providing grants to individuals for residential resilience improvements.
Eligible retrofits include elevating homes, floodproofing, wildfire mitigation, wind retrofits such as roof replacements and hurricane straps, and constructing tornado-safe rooms. |
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Division B, Section 304 | Allows pre- and post-disaster hazard mitigation funding to be combined to support large, innovative mitigation projects. It also authorizes the President to provide full upfront funding for such projects and enables FEMA to offer advance assistance to homeowners for retrofits, moving away from the current reimbursement-only model. | Counties would benefit from greater flexibility and scalability in implementing major mitigation projects, with fewer financial barriers. Upfront funding and advance homeowner assistance would accelerate project timelines, reduce out-of-pocket costs for residents and improve participation in resilience initiatives. |
Division B, Section 307 | Creates a consolidated application form for accessing both pre- and post-disaster hazard mitigation funding. | A single, streamlined application process would save staff time, reduce confusion and improve counties’ ability to plan and implement resilience projects without delays. |
Section | Action | County Impact |
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Division B, Section 402 | Requires the creation and ongoing maintenance of a federal database displaying all disaster assistance distributed by FEMA, SBA, and HUD. |
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Division B, Section 404 | Directs the Comptroller General to submit a report to Congress identifying existing regulations and policies that may be delaying or increasing the cost of disaster assistance, along with recommendations for reform or removal. |
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Division B, Section 406 | Establishes an Individual Assistance dashboard to publicly display key data following each major disaster, including the number of applicants, approvals and denials, and total funding distributed. | County residents would gain access to real-time, transparent data on how Individual Assistance is being distributed within their communities. This would enhance oversight and help identify disparities or unmet needs. |
Division B, Section 418 | Establishes a Public Assistance dashboard that would include detailed information for each cost estimate submitted under Section 409 after a major disaster. The dashboard will display the status of FEMA’s review and approval process, reasons for any denial and progress updates at the project level. | Counties would benefit from increased transparency and accountability in the Public Assistance process, allowing them to track project approvals, identify delays and better manage expectations and timelines. This visibility would also strengthen local oversight and support more effective coordination with FEMA and state partners during recovery. |
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