```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2767 Introduced in Senate (IS)]

<DOC>

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.
                                 <all>
```