Improvements to FEMA Programs (Report Recommendations 66 and 64)

(a) In general Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended— (1) in subsection (b)(2)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; and (B) in the matter preceding clause (i), as so redesignated, by striking provide the following percentage rates and inserting “provide— (A) excess funds for management costs as described in subsection (c); and (B) the following percentage rates; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Use of excess funds for management costs (1) Definition In this subsection, the term excess funds for management costs means the difference between— (A) the amount of the applicable specific management costs authorized under subsection (b)(1) and subsection (b)(2)(B); and (B) as of the date on which the grant award is closed, the amount of funding for management costs activities expended by the grantee or subgrantee receiving the financial assistance for costs described in subparagraph (A). (2) Availability of excess funds for management costs The President may make available to a grantee or subgrantee receiving financial assistance under section 403, 404, 406, 407, or 502 any excess funds for management costs. (3) Use of funds Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) may be used for— (A) activities associated with building capacity to prepare for, recover from, or mitigate the impacts of a major disaster or emergency declared under section 401 or 501, respectively; and (B) management costs associated with any— (i) major disaster; (ii) emergency; (iii) disaster preparedness measure; or (iv) mitigation activity or measure authorized under section 203, 204, 205, or 404. (4) Availability Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) shall remain available to the grantee or subgrantee until the date that is 5 years after the date on which the excess funds for management costs are made available under paragraph (2).. (b) Applicability The amendments made by subsection (a) shall apply with respect to any grant award in relation to a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191)— (1) the declaration of which is made on or after the date of enactment of this Act; and (2) that is funded with amounts appropriated on or after the date of enactment of this Act. (c) GAO study Not later than 180 days 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— (1) on the actual management costs described in section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) during the period of a major disaster declaration under section 401 of such Act (42 U.S.C. 5170) to determine whether the amount set aside for those management costs after the date of enactment of this Act is appropriate; and (2) that includes the management costs described in section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) for each disaster declared under during the period of a major disaster declaration under section 401 of such Act (42 U.S.C. 5170) during the 5-year period preceding the date of the report, the amount set aside for those management costs, the use of those management costs, the length of each disaster, and the reason for the length of each disaster. (d) No additional funds No additional funds are authorized to be appropriated to carry out the amendments made by subsection (a). (e) Treatment of multiple events stemming from same wildfire (1) Major disaster assistance programs Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is amended— (d) Wildland fire major disaster declaration In the case of an initial wildland fire major disaster declaration under this section, the declaration shall include any landslide, mudslide, flood, or other natural disaster event which stems from the wildland fire occuring within the 3-year period beginning on the first date of the wildland fire.. (2) Emergency assistance programs Section 501 of such Act (42 U.S.C. 5191) is amended by adding at the end the following: (d) Wildland fire major disaster declaration In the case of an initial wildland fire major disaster declaration under this section, the declaration shall include any landslide, mudslide, flood, or other natural disaster event which stems from the wildland fire occuring within the 3-year period beginning on the first date of the wildland fire.. (3) Effective date The amendments made by this subsection shall apply with respect to events occurring after the date of the enactment of this Act. (f) Fire management assistance program policy Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall recommend such regulations or guidance as are necessary to make eligible assessments and emergency stabilization to protect public safety, including for the fire management assistance program under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187), irrespective of the incident period for a declared fire. (g) Changes to public assistance policy guide Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall amend the Public Assistance Program and Policy Guide of the Federal Emergency Management Agency to include guidance on wildfire-specific recovery challenges, including debris removal, emergency protective measures, and the resulting toxicity of drinking water resources. (h) Mitigation cost Effectiveness (1) In general The Administrator of the Federal Emergency Management Agency shall conduct a review of the criteria for evaluating the cost effectiveness of projects intended to mitigate the impacts of wildfire under sections 203 and 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133; 5170c), including— (A) the establishment of precalculated benefits criterion for common defensible space mitigation projects for wildfire mitigation; (B) the use of nature-based infrastructure in wildfire mitigation; (C) considerations for vegetation management for wildfire mitigation; (D) reducing the negative effects of wildfire smoke on public health; and (E) lessening the impact of wildfires on water infrastructure. (2) Updated criteria Not later than 1 year after the date of enactment of this Act, the Administrator shall issue such guidance as is necessary to— (A) update criteria for evaluating the cost effectiveness of mitigation projects under sections 203 and 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133; 5170c) based on the results of the review conducted under paragraph (1); and (B) prioritize such projects based on the criteria updated under subparagraph (A).