Fairness in Federal Disaster Declarations Act of 2017

Mr President, I am proud to introduce the Fairness in Federal Disaster Declarations Act today, together with my colleague Senator Duckworth, to try to bring some transparency and fairness into FEMA's disaster declaration process.

The inspiration for this bill was a tragic one. On February 29, 2012, a category F-4 tornado tore through southeastern Illinois, causing major damage in the towns of Harrisburg and Ridgway. Eight people in Harrisburg died in that event and 15 people were killed in total. Winds reached 175 miles per hour. It is not too much of a stretch to say these two small towns were almost wiped off the map.

And just last week, on February 28, 2017, another tragedy struck the small towns of Ottawa and Naplate after a category F-3 tornado tore through North Central Illinois. Two people in Ottawa died in last week's storm and at least 50 homes were damaged or destroyed.

Requests for Federal assistance after a disaster are made by the Governor of each State based on State emergency management damage assessments. In the case of the Harrisburg and Ridgway tornado, the Governor's request for a Federal emergency declaration for individual assistance was denied, as was the State's appeal of that decision. With that denial, individuals whose homes or properties were damaged were precluded from direct Federal help.

When I asked FEMA why it denied the Governor's request, I was told that the disaster did not meet or exceed the State's per capita figure. Currently, FEMA multiplies the number of people in a State by $1.43 to determine a threshold of the amount of damage a State would incur to be considered for Federal assistance. In Illinois, that figure is more than $18 million. In other words, because Illinois is a highly populous State, it is presumed it can absorb the costs of cleanup and recovery from disasters up to more than $18 million.

From 2002 to 2012, Illinois was denied Federal disaster assistance seven times. Texas was denied 13 times. Florida was denied Federal disaster assistance eight times during that period, and California, New Jersey, and New York were each denied four times.

FEMA's formula does not work for large, populous States, particularly those with a concentrated urban area, like Illinois.

Illinois ran into this issue again in November 2013 when tornadoes swept through the State. That time, six people were killed and whole neighborhoods were nearly destroyed. The cities of Washington, Gifford, and New Minden, Illinois, experienced some of the worst tornado damage I have ever seen. Their infrastructure was decimated, but because Illinois did not meet one of FEMA's criteria, we were denied Federal public assistance.

In the case of last week's tornado in Ottawa and Naplate, Illinois, may not even be able to request federal help because damage assessments are too low to reach anything close to FEMA's per capita requirement. But for these small towns, covering losses and cleaning up damage of this magnitude can put a real strain on the community.

The Fairness in Federal Disaster Declaration seeks to improve the disaster analysis by assigning a value to each of the factors FEMA must consider when determining whether Federal disaster assistance will be made available. When it comes to individual assistance--funding to help people repair and rebuild their homes--the breakdown would be as follows:

Concentration of damages--the density of damage in an individual community--would be considered 20 percent of the analysis. Trauma--the loss of life and injuries and the disruption of normal community functions--would be 20 percent. Special Populations--including the age and income of the residents, the amount of home ownership, etc.--would comprise 20 percent. Voluntary agency assistance--a consideration of what the volunteer and charitable groups are providing--would make up 5 percent. The amount of Insurance coverage--20 percent. And average amount of individual assistance by State, which includes the per capita analysis, would make up 5 percent of the analysis.

The bill also would add a seventh consideration to FEMA's metrics-- the economics of the area, which will receive 10 percent consideration. This includes factors such as the local assessable tax base, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State.

For Federal public assistance, the breakdown would be similar, with a greater emphasis placed on the localized impacts of the disaster, which would warrant 40 percent of the analysis.

It is reasonable that FEMA should take into consideration the size of the State requesting assistance, but current regulations penalize large States. Assigning values to the factors will help ensure that the damage to a specific community weighs more than a State's population.

Illinois is a geographically large State with a concentrated urban area. And downstate communities are being punished for it.

If the cities of Ottawa and Naplate, Washington and Gifford, and Harrisburg and Ridgway cannot qualify under FEMA's current criteria for Federal assistance, something is wrong. The way FEMA evaluates whether to declare an area Federal disaster is not effective. It is working against small communities in States with large populations.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today, Senator Wicker of Mississippi and I are reintroducing the Senator Paul Simon Study Abroad Program Act. This bill, named for a mentor of mine--the late Senator from Illinois, embodies a vision Paul Simon believed in throughout his life: a vision centered on our country's need for a culturally aware, and globally knowledgeable population and workforce.

Senator Simon saw these characteristics as essential to our country's economy, society, and national security. He believed that by building meaningful relationships with people around the world, America would grow even stronger as a nation. In his words, ``America's incompetence in foreign languages and cultural awareness jeopardizes our Nation's future in global affairs. This lack of global perspective damages America's ability to compete in world markets. The more our country becomes competent in foreign languages and cultures, the more enhanced our foreign policy decisions will become.''

He also believed that to truly be educated, our students needed more than a minimal understanding of the world around them. To be truly educated, they need to immerse themselves in the beliefs, customs, language, and environment of a culture other than their own. I share these beliefs with Senator Simon and many Republicans in this Chamber share them as well.

At a time when there are calls from some to shut out immigrants and refugees and pull away from other parts of the world, these beliefs are more important than ever. We need to continue to give our young people the opportunity to interact with people from all over the world, so they can develop their own informed opinions and beliefs.

Undergraduate study abroad programs are a popular source for this type of engagement. Unfortunately, far too few students take advantage or have the means to take advantage of this opportunity. Annually, less than 2 percent of undergraduate students participate in study abroad.

Those who do study abroad don't reflect the incredible diversity of our postsecondary institutions. Minority students, first-generation college students, community college students, and students with disabilities are significantly underrepresented in the study abroad population. These students miss out on the valuable personal and educational growth that comes from a study abroad experience, including interacting with other cultures, developing foreign language skills, and expanding international knowledge through firsthand experience.

We also know that those who currently study abroad do so mostly in highly developed countries. In fact, over 50 percent of students who study abroad each year do so in Europe. Increasing the diversity of study abroad destinations to include countries in Asia, the Middle East, Africa, South America, and Latin America will help American students develop a global perspective and build the insight and skills needed to better understand the global challenges of the 21st century.

In 2004, Congress took the first step towards expanding study abroad when it authorized the Commission on Abraham Lincoln Study Abroad Fellowship Program to provide recommendations to Congress and the President on expanding study abroad programs.

The Senator Paul Simon Study Abroad Program Act combines the vision of Senator Simon with the recommendations of the Abraham Lincoln Study Abroad Commission. It establishes a competitive grant program for institutions of higher education to encourage the sustainable expansion of study abroad opportunities for students in the United States.

Over the next 10 years, this grant program aims to increase the number of undergraduate students stud g abroad each year to one million students. It also emphasizes increasing opportunities for nontraditional students, minority students, and students with disabilities so that the demographics of students who study abroad more closely reflect the population of current undergraduate students.

This bill also focuses on getting students to study abroad in nontraditional destinations particularly in developing countries. We need to send more students to developing nations because these are the places that America needs to better understand. This legislation takes important steps toward expanding and diversifying participation in study abroad.

Senator Wicker and I are pleased to be joined today in introducing this bill by Senators Reed, Cochran, Merkley, and Brown. I am also pleased that several organizations have endorsed this bill including the Association of Public and Land-grant Universities, the Association of International Educators, the American Council on Education, the Association of American Universities, and the Hispanic Association of Colleges and Universities.

In today's increasingly interconnected world, study abroad participation is an important element of a meaningful undergraduate education. Expanded access to study abroad opportunities is necessary to prepare the next generation of Americans with the global knowledge and skills needed to succeed. I hope other colleagues will join us in that effort.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I am once again delighted to join my colleague, Senator Patty Murray, to introduce the Military and Veteran Caregiver Services Improvement Act of 2017. Our bill would greatly expand eligibility for VA caregiver support services by including veterans from all eras, allow veterans to transfer their post 9/11 GI bill benefits to their dependents, expand eligibility for the VA caregivers program to include a wider range of injuries that may have previously gone unrecognized, and provide crucial support for our Nation's caregivers themselves.

In 2014, my former colleague and friend, Senator Elizabeth Dole, commissioned a study by the RAND Corporation to learn more about the military caregiver population and explore common issues experienced by America's caregivers. The experts at RAND found that those caring for our servicemembers and veterans provide nearly $14 billion worth of unpaid services every year--an incredible cost that would otherwise be passed on to the Nation.

There are more than 5.5 million military caregivers in the United States, and of those, 1.1 million are caring for post-9/11 veterans. These are spouses, parents, children, and other loved ones who have voluntarily put their lives on hold to provide our returning servicemembers with a trusted continuum of care that could not be replicated without them. Many of them will provide this care for years, if not decades, to come.

Tragically, caring for those suffering from the scars of war takes an enormous toll. According to the RAND study, military caregivers face increased instances of mental and physical health problems, chronic absenteeism from work, deteriorating personal relationships, legal and financial troubles, and feelings of isolation. These difficulties are often more pronounced for post-9/11 military caregivers.

Our Nation owes America's veterans our deepest gratitude. Their sacrifices are often very visible. In many cases our veterans have earned medals or awards for their bravery that they can wear proudly on their chest. But our military and veteran caregivers truly are hidden heroes, serving alongside our veterans to provide the love, care, and support they need. Despite their enormous sacrifice, these hidden heroes often do not receive the awards and admiration. That does not mean that they don't deserve it. We must honor our commitment to veterans by answering the call to better support those caring for our wounded, ill, and injured warriors.

Our legislation would help strengthen the services offered to caregivers.

The Military and Veteran Caregiver Services Improvement Act is an important step in helping those who have assumed the mantle of caring for the men and women who have served our Nation so honorably. I urge all of my colleagues to join Senator Murray and me in honoring and supporting our Nation's military caregivers.

Mr. President, I rise to introduce the Fire Sprinkler Incentive Act. I am pleased to be joined by my colleague from Delaware, Senator Carper, in introducing this bipartisan bill.

In the United States, the annual cost of fires is enormous. In 2015, according to the National Fire Protection Association (NFPA), fires resulted in approximately $14 billion in direct property loss. In addition, more than 3,000 civilians were killed and more than 15,000 people were injured in fires. The NFPA also reports that a fire department responded to a structure fire every 63 seconds.

These statistics are of particular concern in Maine, which has some of the oldest housing stock in the country and which has experienced deadly apartment building fires. In 2014, an apartment fire resulted in the deaths of six people--Maine's deadliest fire in nearly four decades.

Historically, Maine has also seen commercial property damaged by fires. In fact, much of the construction in the historic areas of Portland was done following a devastating fire in 1866. This fire destroyed a third of the city, including most of Portland's commercial buildings, many of its churches, and countless homes.

The NFPA reports that when fire sprinklers are present during a large fire, they are effective 96 percent of the time, saving billions of dollars in property damage but more importantly, thousands of lives. Our bill would encourage commercial building owners to invest in fire safety upgrades. While building codes require sprinklers in new commercial buildings, a great number of structures across the U.S. were built and put in service before sprinklers were required.

Small business building owners, however, may find it difficult to fund retrofit sprinklers. To help these owners, our bill would provide two tax incentives to encourage them to make this lifesaving investment.

Currently, commercial building owners must depreciate fire sprinkler retrofits over a lengthy 39-year period. The period for residential buildings is 7\1/2\ years. This bill reclassifies fire sprinkler retrofits as 15-year depreciable property, thus allowing building owners to write off their costs more quickly. The bill also provides an option for certain small businesses to deduct the cost of the fire system upgrades immediately under Section 179 of the tax code. Together, these proposals will provide a strong incentive for building owners to install fire sprinkler systems.

This bill was originally drafted in response to the deadly nightclub fire in West Warwick, RI, in 2003, which killed a staggering 100 people. That building did not have a fire sprinkler system. Let us work together to lessen the chances of another tragedy like this one. I invite my colleagues to join Senator Carper and me in support of this bipartisan, common sense legislation.

Mr. President, I ask unanimous consent that a letter of support be printed in the Record.

Mr President, I am proud to introduce the Fairness in Federal Disaster Declarations Act today, together with my colleague Senator Duckworth, to try to bring some transparency and fairness into FEMA's disaster declaration process.

The inspiration for this bill was a tragic one. On February 29, 2012, a category F-4 tornado tore through southeastern Illinois, causing major damage in the towns of Harrisburg and Ridgway. Eight people in Harrisburg died in that event and 15 people were killed in total. Winds reached 175 miles per hour. It is not too much of a stretch to say these two small towns were almost wiped off the map.

And just last week, on February 28, 2017, another tragedy struck the small towns of Ottawa and Naplate after a category F-3 tornado tore through North Central Illinois. Two people in Ottawa died in last week's storm and at least 50 homes were damaged or destroyed.

Requests for Federal assistance after a disaster are made by the Governor of each State based on State emergency management damage assessments. In the case of the Harrisburg and Ridgway tornado, the Governor's request for a Federal emergency declaration for individual assistance was denied, as was the State's appeal of that decision. With that denial, individuals whose homes or properties were damaged were precluded from direct Federal help.

When I asked FEMA why it denied the Governor's request, I was told that the disaster did not meet or exceed the State's per capita figure. Currently, FEMA multiplies the number of people in a State by $1.43 to determine a threshold of the amount of damage a State would incur to be considered for Federal assistance. In Illinois, that figure is more than $18 million. In other words, because Illinois is a highly populous State, it is presumed it can absorb the costs of cleanup and recovery from disasters up to more than $18 million.

From 2002 to 2012, Illinois was denied Federal disaster assistance seven times. Texas was denied 13 times. Florida was denied Federal disaster assistance eight times during that period, and California, New Jersey, and New York were each denied four times.

FEMA's formula does not work for large, populous States, particularly those with a concentrated urban area, like Illinois.

Illinois ran into this issue again in November 2013 when tornadoes swept through the State. That time, six people were killed and whole neighborhoods were nearly destroyed. The cities of Washington, Gifford, and New Minden, Illinois, experienced some of the worst tornado damage I have ever seen. Their infrastructure was decimated, but because Illinois did not meet one of FEMA's criteria, we were denied Federal public assistance.

In the case of last week's tornado in Ottawa and Naplate, Illinois, may not even be able to request federal help because damage assessments are too low to reach anything close to FEMA's per capita requirement. But for these small towns, covering losses and cleaning up damage of this magnitude can put a real strain on the community.

The Fairness in Federal Disaster Declaration seeks to improve the disaster analysis by assigning a value to each of the factors FEMA must consider when determining whether Federal disaster assistance will be made available. When it comes to individual assistance--funding to help people repair and rebuild their homes--the breakdown would be as follows:

Concentration of damages--the density of damage in an individual community--would be considered 20 percent of the analysis. Trauma--the loss of life and injuries and the disruption of normal community functions--would be 20 percent. Special Populations--including the age and income of the residents, the amount of home ownership, etc.--would comprise 20 percent. Voluntary agency assistance--a consideration of what the volunteer and charitable groups are providing--would make up 5 percent. The amount of Insurance coverage--20 percent. And average amount of individual assistance by State, which includes the per capita analysis, would make up 5 percent of the analysis.

The bill also would add a seventh consideration to FEMA's metrics-- the economics of the area, which will receive 10 percent consideration. This includes factors such as the local assessable tax base, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State.

For Federal public assistance, the breakdown would be similar, with a greater emphasis placed on the localized impacts of the disaster, which would warrant 40 percent of the analysis.

It is reasonable that FEMA should take into consideration the size of the State requesting assistance, but current regulations penalize large States. Assigning values to the factors will help ensure that the damage to a specific community weighs more than a State's population.

Illinois is a geographically large State with a concentrated urban area. And downstate communities are being punished for it.

If the cities of Ottawa and Naplate, Washington and Gifford, and Harrisburg and Ridgway cannot qualify under FEMA's current criteria for Federal assistance, something is wrong. The way FEMA evaluates whether to declare an area Federal disaster is not effective. It is working against small communities in States with large populations.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. Presidents, a skilled workforce is essential to addressing the growing cyber security challenges in the United States. The Department of Defense, DOD, Cyber Strategy, issued in April 2015, cites building the cyber workforce among its objective's for achieving the essential strategic goal of maintaining ready forces and capabilities to conduct cyberspace operations. In Virginia, it is estimated that 36,000 cybersecurity jobs remain unfilled.

Beginning in 2001, DOD funded the Information Assurance Scholarship Program, IASP, vhich boosts the Nation's cyber workforce through scholarship and capacity-building grants to colleges and universities designated by the National Security Agency and the Department of Homeland Security as Centers of Academic Excellence, CAE. Scholarship recipients are required to fulfill a service obligation by working in a cyber security position at DOD upon graduation.

According to a DOD report from February 2015, the IASP Program had employed 593 students and awarded 180 capacity-building grants to CAEs. However, due to budget constraints, DOD reduced funding for the IASP beginning in 2013 and stopped recruiting new students. The IASP received its peak funding level of $7.5 million in 2005--for fiscal year 2017, it received $500,000.

Today, I am pleased to introduce with my colleague Senator Rounds, the DOD Cyber Scholarship Program Act of 2017. The DOD Cyber Scholarship Program Act of 2017 would reinvigorate the IASP to boost our Nation's cyber workforce. The bill would rename the IASP as the DOD Cyber Scholarship Program and express the Sense of Congress that the program is an important tool for boosting our cyber defense workforce.

The DOD Cyber Scholarship Program Act would also modify the program by expanding scholarships to students pursuing Associate's Degrees. There are currently 46 two-year institutions designated as CAEs, which would be eligible to apply for grants. Associate's degree programs could provide a valuable source of technical personnel, at a lower cost, to DOD. The bill would require that at least 5 percent of scholarship funds go to 2-year program students.

The DOD Cyber Scholarship Program Act would authorize the DOD Cyber Scholarship Program to receive $10 million in fiscal year 2018. At its peak in 2005, the IASP received $7.5 million. Since then, the cost of tuition has increased considerably and the need for skilled cyber professionals has never been greater. Ten million dollars is an appropriate funding level to reinvigorate the program, expand it to associate's degree recipients, and allow for manageable program execution from DOD and the National Security Agency.

The DOD Cyber Scholarship Program is a commonsense, bipartisan bill that would help students succeed in today's economy and strengthen our national security. There are good-paying jobs in Virginia and across the country in the cyber field that are going unfilled, and it is clear we must make it easier for students to access the programs that prepare them for these roles. Expanding scholarship funds so they're available to community college students will help put more of our nation's students on a path to success and support our national security needs.

Mr. President, I ask unanimous consent that the text of the Litigation Relief for Forest Management Projects Act be printed in the Record.