[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2767 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2767
To make improvements to certain wildfire and disaster recovery programs
of the Federal Government, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2018
Mrs. Murray introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To make improvements to certain wildfire and disaster recovery programs
of the Federal Government, 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 ``Rural Disaster Recovery Act of
2018''.
SEC. 2. STATE INDIVIDUAL ASSISTANCE PROGRAMS.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end
the following:
``SEC. 328. STATE INDIVIDUAL ASSISTANCE PROGRAMS.
``(a) Incentive for Individual Assistance Programs.--A State may
receive an increased Federal share for financial assistance under
subsection (c) if the State develops and implements an individual
assistance program that authorizes the State government to provide
financial assistance, and if necessary, direct services, to individuals
and households in the State who, as a direct result of a major disaster
or an event that does not trigger a major disaster declaration, have
necessary expenses and serious needs in cases in which the individuals
and households are unable to meet such expenses through other means.
``(b) Eligibility Criteria.--
``(1) In general.--The Administrator of the Federal
Emergency Management Agency shall publish minimum eligibility
criteria for a State individual assistance program established
under subsection (a) that receives an increased Federal share
for financial assistance under subsection (c).
``(2) Considerations.--In formulating the minimum
eligibility criteria required under paragraph (1), the
Administrator of the Federal Emergency Management Agency shall
consider--
``(A) the total taxable resources of the individual
State or other measure of fiscal capacity, as
appropriate;
``(B) the variation of total taxable resources, or
other measures of fiscal capacity, among the individual
State; and
``(C) the historical frequency of declarations made
pursuant to sections 401 and 501.
``(3) Publication deadline.--The Administrator of the
Federal Emergency Management Agency shall publish--
``(A) interim minimum eligibility criteria required
under paragraph (1) not later than 180 days after the
date of enactment of this section; and
``(B) final minimum eligibility criteria required
under paragraph (1) not later than 1 year after the
date of enactment of this section.
``(c) Increased Federal Share for Financial Assistance to
Individuals and Households.--If, at the time of the declaration of a
major disaster, a State has in effect an individual assistance program
that meets the criteria published under subsection (b), the President
may increase to 100 percent, with respect to the major disaster, the
percentage described in section 408(g)(2)(A).''.
SEC. 3. COMMUNITY SHELTER ASSISTANCE PROGRAM.
(a) In General.--Title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.) is amended--
(1) by striking section 322 and inserting the following:
``SEC. 322. AUTHORIZATION OF APPROPRIATIONS.
``(a) Emergency Food and Shelter Grants.--There is authorized to be
appropriated to carry out subtitle B $180,000,000 for fiscal year 2019.
``(b) Disaster Supplemental Food and Shelter Grants.--There is
authorized to be appropriated to carry out subtitle D $180,000,000 for
fiscal year 2019.''; and
(2) by adding at the end the following:
``Subtitle D--Disaster Supplemental Food and Shelter Grants
``SEC. 331. GRANTS BY THE ADMINISTRATOR.
``Not later than 30 days after the date on which amounts become
available to carry out this subtitle, the Administrator of the Federal
Emergency Management Agency (referred to in this subtitle as the
`Administrator') shall award a grant for the full amount that Congress
makes available for the program under this subtitle to the National
Board for the purpose of providing disaster supplemental food and
shelter grants to needy individuals through private nonprofit
organizations and local governments in accordance with section 333.
``SEC. 332. RETENTION OF INTEREST EARNED.
``(a) In General.--Interest accrued on the balance of any grant to
the National Board under this subtitle shall be available to the
National Board for reallocation.
``(b) Determination of Costs.--Total administrative costs shall be
determined based on the total amount of funds available, including
interest and any private contributions that are made to the National
Board.
``SEC. 333. PURPOSES OF GRANTS.
``(a) Eligible Activities.--Grants to the National Board under this
subtitle may be used--
``(1) to supplement and expand ongoing efforts to provide
shelter, food, and supportive services for any area for which
the President declares a major disaster under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170);
``(2) to strengthen efforts to create more effective and
innovative local disaster response programs by providing
funding for those programs; and
``(3) to conduct minimum rehabilitation of existing mass
shelter facilities, but only to the extent necessary to make
facilities safe, sanitary, and bring facilities into compliance
with local building codes.
``(b) Limitations on Activities.--
``(1) Eligible programs.--The National Board may only
provide funding provided under this subtitle for programs that
are--
``(A) carried out by private nonprofit
organizations and local governments;
``(B) consistent with the purposes of this title;
and
``(C) administered within an area for which--
``(i) the President declared a major
disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) during the 12-
month period immediately preceding the grant;
and
``(ii) assistance has not been provided
with respect to the major disaster under
section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5174).
``(2) National board.--The National Board may not carry out
programs directly.
``SEC. 334. LIMITATION ON CERTAIN COSTS.
``Not more than 10 percent of the total amount made available for
the program under this subtitle for each fiscal year may be expended
for the costs of administration.
``SEC. 335. DISBURSEMENT OF FUNDS.
``Any amount made available by appropriation Acts under this
subtitle unobligated by the National Board before the expiration of the
12-month period beginning on the date on which the amount becomes
available shall be transferred to the general fund of the Treasury.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 note) is amended by inserting after the item relating to section
322 the following:
``Subtitle D--Disaster and Supplemental Food Shelter Grants
``Sec. 331. Grants by the Administrator.
``Sec. 332. Retention of interest earned.
``Sec. 333. Purposes of grants.
``Sec. 334. Limitation on certain costs.
``Sec. 335. Disbursement of funds.''.
SEC. 4. EMERGENCY CONSERVATION PROGRAM.
(a) Maximum Payments Per Person or Legal Entity.--The Secretary of
Agriculture, acting through the Administrator of the Farm Service
Agency, shall amend the regulations promulgated pursuant to section 405
of the Agricultural Credit Act of 1978 (16 U.S.C. 2205) relating to the
emergency conservation program to provide that the maximum amount of
payments made under section 401 or 402 of that Act (16 U.S.C. 2201,
2202) per person or legal entity per natural disaster is $500,000.
(b) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture, acting through the
Administrator of the Farm Service Agency, shall initiate a rulemaking
to amend the regulations promulgated pursuant to section 405 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2205) relating to the
emergency conservation program to account for the challenges posed by
the increase in frequency and intensity of wildland fire.
SEC. 5. EMERGENCY WATERSHED PROTECTION PROGRAM WILDFIRE PILOT.
(a) Findings.--Congress finds that additional consideration of how
the Federal Government supports and expedites the recovery of rural
areas affected by wildfires is necessary because wildfires--
(1) pose unique mitigation, management, response, and
recovery challenges due to the unpredictable size, location,
and duration of wildfires; and
(2)(A) disproportionately impact rural areas; and
(B) inflict long-term damage on the agricultural systems
rural areas economically rely on.
(b) Definitions.--In this section:
(1) Eligible jurisdiction.--The term ``eligible
jurisdiction'' means a jurisdiction within an area for which
the President declared a major disaster in accordance with
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) for wildfire.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Natural
Resources Conservation Service.
(c) Pilot Program.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program
for the administration of the emergency watershed protection program
established under section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203) in eligible jurisdictions to extend deadlines for the
submission of applications and the provision of amounts under the
program in accordance with subsection (d).
(d) Extension of Deadlines.--
(1) Applications.--During the period described in
subsection (f), a sponsor may apply for amounts under the
emergency watershed protection program for a project within an
eligible jurisdiction by submitting a request to the State
conservationist for the State in which the eligible
jurisdiction is located not later than--
(A) 180 days after the date on which the President
declared the major disaster for wildfire;
(B) 60 days after the date on which access to site
of the project becomes available, as determined by the
Secretary; or
(C) 60 days after the date of 100-percent
containment of a wildfire for which a major disaster
declaration is issued.
(2) Awards.--
(A) In general.--During the period described in
subsection (f), except as provided in subparagraph (B),
not later than 360 days after the date on which the
Secretary commits amounts to the applicable State
conservationist for the provision of amounts under the
emergency watershed protection program for a project
within an eligible jurisdiction--
(i) the State conservationist shall provide
the amounts to the sponsor of the project; and
(ii) the project shall be completed.
(B) Emergency situations.--During the period
described in subsection (f), in an emergency situation
(as determined by the Secretary), not later than 10
days after the date on which the Secretary commits
amounts to the applicable State conservationist for the
provision of amounts under the emergency watershed
protection program for a project within an eligible
jurisdiction, the project shall be completed.
(e) Reports to Congress.--
(1) In general.--Not later than 1 year after the date on
which the pilot program is established under subsection (c),
and once the following year, the Secretary shall prepare a
report describing--
(A) the number of applications submitted for a
project under the pilot program during the 60-day
period beginning on the date on which the pilot program
is established;
(B) the number of applications described in
subparagraph (A) that were approved;
(C) the average time of construction of projects
for which applications described in subparagraph (B)
were submitted; and
(D) such other information as the Secretary
considers appropriate.
(2) Submission.--The Secretary shall submit each report
under paragraph (1) to each of the following:
(A) In the Senate:
(i) The Committee on Agriculture,
Nutrition, and Forestry.
(ii) The Committee on Homeland Security and
Governmental Affairs.
(iii) The Committee on Appropriations.
(B) In the House of Representatives:
(i) The Committee on Agriculture.
(ii) The Committee on Homeland Security.
(iii) The Committee on Appropriations.
(f) Duration.--The pilot program established under subsection (c)
shall be carried out during the 2-year period beginning on the date on
which the pilot program is established.
SEC. 6. EXPANDED ELIGIBILITY FOR HAZARD MITIGATION ASSISTANCE.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Expanded Eligibility.--Notwithstanding any other provision of
this section or section 420, the President may provide hazard
mitigation assistance in accordance with this section in any area in
which assistance is provided under section 420.''.
SEC. 7. HAZARD MITIGATION PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Eligible jurisdiction.--The term ``eligible
jurisdiction'' means--
(A) a jurisdiction within an area for which the
President declared a major disaster in accordance with
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170); and
(B) an area in which assistance is provided under
section 420 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5187).
(b) Pilot Program.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a pilot
program for the administration of the hazard mitigation grant program
established under section 404 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c) in eligible
jurisdictions to--
(1) include additional wildfire-specific eligible
activities described in subsection (c); and
(2) facilitate the timely disbursement of awards using new
procedures adopted under subsection (d).
(c) Additional Eligible Activities.--An eligible jurisdiction may
use amounts received under this section to--
(1) support the adoption and implementation of fire-adapted
community programs;
(2) create or expand defensible spaces that are not more
than 300 feet from a structure;
(3) develop emergency preparedness and communications
materials for individuals with limited English proficiency;
(4) organize and plan for the deployment of interagency,
multi-jurisdictional burned area emergency response teams on
non-Federal lands; and
(5) carry out any other wildfire hazard mitigation project
as determined appropriate by the Administrator.
(d) New Procedures.--
(1) Approval of projects.--Not later than 90 days after the
date of enactment of this Act, the Administrator may adopt new
procedures to provide assistance to eligible jurisdictions to
carry out activities and projects under this section.
(2) Goals of procedures.--The new procedures adopted under
paragraph (1) shall further the goals of--
(A) reducing the cost to the Federal Government of
providing assistance;
(B) increasing the flexibility in the
administration of assistance;
(C) expediting the provision of assistance to
eligible jurisdictions; and
(D) providing financial incentives and
disincentives for an eligible jurisdiction for the
timely and cost-effective completion of activities and
projects using assistance provided under this section.
(3) Participation.--Participation in the new procedures
adopted under paragraph (1) shall be at the election of an
eligible jurisdiction, consistent with procedures determined by
the Administrator.
(4) Minimum procedures.--The new procedures adopted under
paragraph (1) shall include the following:
(A) Making grants on the basis of fixed estimates,
if the eligible jurisdiction agrees to be responsible
for any actual costs that exceed the estimate.
(B) Providing an option for an eligible
jurisdiction to elect to receive an in-lieu
contribution, without reduction, on the basis of
estimates of the costs and expenses associated with
executing and managing projects.
(C) Consolidating, to the extent determined
appropriate by the Administrator, the facilities of an
eligible jurisdiction as a single project based upon
the estimates adopted under the procedures.
(D) If the actual costs of a project completed
under the procedures are less than the estimated costs
thereof, permitting a grantee or subgrantee to use all
or part of the excess funds for other activities
allowed under section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c) or to improve future hazard mitigation grant
program operations or planning.
(E) In determining eligible costs under section 404
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c), the Administrator
shall, at the request of an eligible jurisdiction--
(i) make available, at the request of an
eligible jurisdiction and where the
Administrator, or the certified cost estimate
prepared by professionally licensed engineers
of the eligible jurisdiction, has estimated an
eligible Federal share for a project of not
less than $5,000,000, an independent expert
panel to validate the estimated eligible cost
consistent with applicable regulations,
policies, and guidance implementing this
section; and
(ii) consider properly conducted and
certified cost estimates prepared by
professionally licensed engineers who are
mutually agreed upon by the Administrator and
the eligible jurisdiction, to the extent that
those estimates comply with applicable
regulations, policy, and guidance.
(e) Rulemaking.--
(1) In general.--The Administrator may promulgate
regulations to carry out the pilot program established under
this section.
(2) Applicability of notice and comment rulemaking.--
Section 553 of title 5, United States Code, shall not apply to
regulations promulgated under paragraph (1).
(f) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Inspector General of the Department
of Homeland Security 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 on the additional eligible activities
and new procedures carried out under the pilot program.
(2) Contents.--The report shall contain an assessment of
the effectiveness of the additional eligible activities and new
procedures described in subsections (c) and (d), respectively,
including--
(A) whether the additional eligible activities and
new procedures helped to improve the general speed of
recovery from wildfire;
(B) the accuracy of the estimated costs described
in subsection (d)(4)(D);
(C) whether the financial incentives and
disincentives were effective;
(D) whether the new procedures were cost effective;
(E) whether the independent expert panel described
in subsection (d)(4)(E)(i) was effective; and
(F) recommendations for whether the new procedures
should be continued and any recommendations for changes
to the new procedures.
(g) Duration.--The pilot program established under this section
shall be carried out during the 3-year period beginning on the date on
which the pilot program is established.
SEC. 8. POST-WILDFIRE FLOOD ASSISTANCE PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Public assistance program.--The term ``public
assistance program'' means the public assistance grant program
authorized under sections 402, 403, 406, 407, 418, 419, 421(d),
502, and 503 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5172, 5173,
5185, 5186, 5188(d), 5192, 5193).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a pilot
program under which the Administrator shall, in an area eligible for
assistance under the public assistance program as a result of a
wildfire for which a major disaster was declared under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), consider damage resulting from wildfire caused or
exacerbated by flooding, mudslides, or other subsidence events that
occur during the 5-year period beginning on the date on which the major
disaster was declared to be eligible for that assistance under the
original major disaster declaration.
(c) Duration.--The pilot program established under this section
shall be carried out during the 5-year period beginning on the date on
which the pilot program is established.
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