I 

118TH CONGRESS 

2D SESSION H. R. 8582 

To improve Federal disaster management and response for disadvantaged 

communities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 31, 2024 

Ms. BROWNLEY introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To improve Federal disaster management and response for 

disadvantaged communities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Disaster As5 sistance Improvement Act’’. 

6 SEC. 2. EXPANDING ACCESS TO DECLARATION PROCESS. 

7 (a) MAJOR DISASTER.—Section 401 of the Robert T. 

8 Stafford Disaster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5170) is amended by adding at the end the 

10 following: 


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1 ‘‘(d) COUNTY REQUESTS.— 

2 ‘‘(1) IN GENERAL.—The chief executive officer 

3 of an affected county may submit a request for a 

4 declaration by the President that a major disaster 

5 exists consistent with the requirements of subsection 

6 (a) under the following circumstances: 

7 ‘‘(A) The Governor of the State or terri8 tory in which the affected county is located does 

9 not request such a declaration. 

10 ‘‘(B) The affected county is not included in 

11 a request for assistance made by the Governor 

12 of the State or territory in which such county 

13 is located. 

14 ‘‘(C) The affected county communicates 

15 with the Governor of the State or territory in 

16 which the affected county is located about the 

17 disaster or potential request for a major dis18 aster declaration before the period described in 

19 paragraph (2)(A) has lapsed. 

20 ‘‘(2) LIMITATION.—The chief executive officer 

21 of an affected county may not submit a request for 

22 a declaration by the President that a major disaster 

23 exists until— 

24 ‘‘(A) the period during which the Governor 

25 of the State or territory in which such county 


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1 is located may request such a declaration has 

2 lapsed; or 

3 ‘‘(B) the Governor of the State or territory 

4 in which such county is located has commu5 nicated to the chief executive officer of the 

6 county that the Governor will not seek such a 

7 declaration from the President. 

8 ‘‘(3) REFERENCES.—In implementing assist9 ance authorized by the President under this Act in 

10 response to a request from the chief executive officer 

11 of an affected county for a major disaster declara12 tion, any reference in this title or title III to a State 

13 or the Governor of a State is deemed to refer to an 

14 affected county or the chief executive officer of an 

15 affected county, as appropriate. 

16 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

17 this subsection shall prohibit a county from receiving 

18 assistance under this title through a declaration 

19 made by the President at the request of a State 

20 under subsection (a) if the President does not make 

21 a declaration under this subsection for the same in22 cident. 

23 ‘‘(5) DEFINITION OF COUNTY.— 

24 ‘‘(A) IN GENERAL.—In this subsection, the 

25 term ‘county’ means a county, parrish, or 


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1 equivalent subdivision of a State or Territory of 

2 the United States that is a unit of general local 

3 government. 

4 ‘‘(B) EXCEPTION.—In the event a county 

5 is located in a State where 1 or more counties 

6 are not units of general local government, the 

7 term ‘county’ includes the largest city, town, or 

8 unit of general local government by population 

9 in an area affected by a major disaster on be10 half of all affected cities, towns, and other local 

11 units of general local government.’’. 

12 (b) EMERGENCY.—Section 501 of the Robert T. Staf13 ford Disaster Relief and Emergency Assistance Act (42 

14 U.S.C. 5191) is amended by adding at the end the fol15 lowing: 

16 ‘‘(d) COUNTY REQUESTS.— 

17 ‘‘(1) IN GENERAL.—The chief executive officer 

18 of an affected county may submit a request for a 

19 declaration by the President that an emergency ex20 ists consistent with the requirements of subsection 

21 (a) under the following circumstances: 

22 ‘‘(A) The Governor of the State or terri23 tory in which the affected county is located does 

24 not request such a declaration. 


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1 ‘‘(B) The affected county is not included in 

2 a request for assistance made by the Governor 

3 of the State or territory in which such county 

4 is located. 

5 ‘‘(C) The affected county communicates 

6 with the Governor of the State or territory in 

7 which the affected county is located about the 

8 emergency or potential request for an emer9 gency declaration before the period described in 

10 paragraph (2)(A) has lapsed. 

11 ‘‘(2) LIMITATION.—The chief executive officer 

12 of an affected county may not submit a request for 

13 a declaration by the President that an emergency ex14 ists until— 

15 ‘‘(A) the period during which the Governor 

16 of the State or territory in which such county 

17 is located may request such a declaration has 

18 lapsed; or 

19 ‘‘(B) the Governor of the State or territory 

20 in which such county is located has commu21 nicated to the chief executive officer of the 

22 county that the Governor will not seek such a 

23 declaration from the President. 

24 ‘‘(3) REFERENCES.—In implementing assist25 ance authorized by the President under this Act in 


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1 response to a request of the chief executive officer 

2 of an affected county for an emergency declaration, 

3 any reference in this title or title III to a State or 

4 the Governor of a State is deemed to refer to an af5 fected county or the chief executive officer of an af6 fected county, as appropriate. 

7 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall prohibit a county from receiving 

9 assistance under this title through a declaration 

10 made by the President at the request of a State 

11 under subsection (a) if the President does not make 

12 a declaration under this subsection for the same in13 cident. 

14 ‘‘(5) DEFINITION OF COUNTY.— 

15 ‘‘(A) IN GENERAL.—In this subsection, the 

16 term ‘county’ means a county, parrish, or 

17 equivalent subdivision of a State or Territory of 

18 the United States that is a unit of general local 

19 government. 

20 ‘‘(B) EXCEPTION.—In the event a county 

21 is located in a State where 1 or more counties 

22 are not units of general local government, the 

23 term ‘county’ includes the largest city, town, or 

24 unit of general local government by population 

25 in an area affected by an emergency on behalf 


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1 of all affected cities, towns, and other units of 

2 general local government.’’. 

3 (c) RULEMAKING AND GUIDANCE.— 

4 (1) RULEMAKING.— 

5 (A) IN GENERAL.—Not later than 1 year 

6 after the date of enactment of this Act, the Ad7 ministrator shall issue such regulations, after 

8 providing public notice and opportunity for 

9 comment, as are necessary to establish a proc10 ess to implement the amendments made by this 

11 section. 

12 (B) CONTENTS.—The regulations required 

13 under subparagraph (A) shall include— 

14 (i) a process by which the chief execu15 tive officer of a county may— 

16 (I) submit a request for the Ad17 ministrator to recommend that the 

18 President make a major disaster or 

19 emergency declaration for such coun20 ty; and 

21 (II) upon approval of such re22 quest, directly receive any assistance 

23 provided pursuant to such request; 

24 (ii) in addition to the eligibility factors 

25 described under section 206.48 of title 44, 


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1 Code of Federal Regulations, eligibility cri2 teria for the approval of a request from a 

3 county for a major disaster or emergency 

4 declaration that gives consideration to— 

5 (I) poverty rates within such 

6 county; 

7 (II) the economy within such 

8 county, including the economy of the 

9 area within such county that is im10 pacted by the disaster or emergency; 

11 (III) relevant social vulnerability 

12 indexes for residents of such county; 

13 (IV) the rate of unemployment 

14 before the disaster or emergency with15 in such county; 

16 (V) underserved communities 

17 within such county; 

18 (VI) the fiscal condition of the 

19 unit of government with jurisdiction 

20 over such county; 

21 (VII) the degree to which a sig22 nificant proportion of residents of 

23 such county received Federal benefits 

24 during the year preceding the disaster 

25 or emergency, including— 


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1 (aa) benefits provided under 

2 the Medicaid program under title 

3 XIX of the Social Security Act 

4 (42 U.S.C. 1396 et seq.); 

5 (bb) benefits provided under 

6 the supplemental nutrition assist7 ance program established under 

8 the Food and Nutrition Act of 

9 2008 (7 U.S.C. 2011 et seq.); 

10 (cc) benefits provided under 

11 the program of block grants to 

12 States for temporary assistance 

13 for needy families established 

14 under part A of title IV of the 

15 Social Security Act (42 U.S.C. 

16 601 et seq.); and 

17 (dd) any other Federal bene18 fits the Administrator determines 

19 is appropriate; and 

20 (VIII) the impact of other recent 

21 disasters and emergencies on resi22 dents within such county; 

23 (iii) eligibility criteria for contiguous 

24 counties located within the same State or 


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1 territory to seek Federal disaster assist2 ance together; and 

3 (iv) timelines for a chief executive of4 ficer of a county to submit such request 

5 and opportunities to seek extensions, where 

6 appropriate. 

7 (2) GUIDANCE.—Upon issuing a final regula8 tion pursuant to paragraph (1), the Administrator 

9 shall issue guidance regarding such regulation, in10 cluding publicizing and providing guidance directly 

11 to counties about the process by which the chief ex12 ecutive officer of a county may submit a request for 

13 the declaration of a major disaster or emergency. 

14 SEC. 3. MONITORING AND ANALYSIS OF CERTAIN EVENTS 

15 NOT DECLARED AS MAJOR DISASTER OR 

16 EMERGENCY. 

17 Title III of the Robert T. Stafford Disaster Relief 

18 and Emergency Assistance Act (42 U.S.C. 5141 et seq.) 

19 is amended by adding at the end the following: 

20 ‘‘SEC. 328. MONITORING AND ANALYSIS OF CERTAIN 

21 EVENTS NOT DECLARED AS MAJOR DISASTER 

22 OR EMERGENCY. 

23 ‘‘(a) IN GENERAL.—The Administrator of the Fed24 eral Emergency Management Administration shall mon25 itor and analyze events that— 


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1 ‘‘(1) significantly impact underserved commu2 nities; and 

3 ‘‘(2) would be eligible to be declared by the 

4 President as a major disaster or emergency under 

5 this Act except that the Governor or head of an In6 dian tribe with jurisdiction over the area in which 

7 the event occurred did not request the declaration of 

8 a major disaster or emergency pursuant to this Act. 

9 ‘‘(b) DEFINITION OF UNDERSERVED COMMUNITY.— 

10 In this section, the term ‘underserved community’ means 

11 a geographically distinct area with a population that— 

12 ‘‘(1) has limited or no access to resources or 

13 are otherwise disenfranchised; and 

14 ‘‘(2) may include individuals who are— 

15 ‘‘(A) socioeconomically disadvantaged; 

16 ‘‘(B) have limited English language pro17 ficiency; 

18 ‘‘(C) geographically isolated or education19 ally disenfranchised; 

20 ‘‘(D) people of color; 

21 ‘‘(E) of ethnic and national origin minori22 ties; 

23 ‘‘(F) women and children; 

24 ‘‘(G) individuals with disabilities and oth25 ers with access and functional needs; and 


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1 ‘‘(H) seniors.’’. 

2 SEC. 4. QUANTITATIVE MEASURES IN EVALUATIONS FOR 

3 FEDERAL ASSISTANCE. 

4 The Administrator of the Federal Emergency Man5 agement Administration shall issue such regulations as 

6 are necessary to require additional quantitative measures 

7 (including taking into account vulnerable populations, low8 income communities, unemployment, lack of insurance, 

9 and other factors determined appropriate by the Adminis10 trator) in the evaluation of requests for Federal assistance 

11 by States and local communities following a declaration 

12 of a major disaster or emergency under the Robert T. 

13 Stafford Disaster Relief and Emergency Assistance Act 

14 (42 U.S.C. 5121 et seq.), including— 

15 (1) in evaluating the need for assistance to vul16 nerable populations and low-income communities; 

17 and 

18 (2) the effects of unemployment, lack of insur19 ance, and other factors that necessary to assess the 

20 ability of vulnerable and disadvantaged communities’ 

21 ability to recover from a major disaster or emer22 gency. 


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1 SEC. 5. CONSIDERATION OF IMPACTS TO VULNERABLE AND 

2 DISADVANTAGED COMMUNITIES. 

3 Title III of the Robert T. Stafford Disaster Relief 

4 and Emergency Assistance Act (42 U.S.C. 5141 et seq.) 

5 is further amended by adding at the end the following: 

6 ‘‘SEC. 329. CONSIDERATION OF IMPACTS TO VULNERABLE 

7 AND DISADVANTAGED COMMUNITIES. 

8 ‘‘In providing assistance under this Act in response 

9 to a major disaster or emergency, the Administrator of 

10 the Federal Emergency Management Administration shall 

11 consider highly localized impacts of the major disaster or 

12 emergency on underserved communities (as defined in sec13 tion 328) that impact the ability of such vulnerable and 

14 disadvantaged communities to recover from the major dis15 aster or emergency.’’. 

16 SEC. 6. REVIEW OF EQUITY-RELATED CONSIDERATIONS 

17 FOR PROVISION OF FEMA PUBLIC ASSIST18 ANCE OR INDIVIDUAL ASSISTANCE. 

19 Not later than 6 months after the date of enactment 

20 of this Act, the Administrator of the Federal Emergency 

21 Management Administration shall— 

22 (1) review an regulations covering public assist23 ance or individual assistance provided under the 

24 Robert T. Stafford Disaster Relief and Emergency 

25 Assistance Act (42 U.S.C. 5121 et seq.) to ensure 

26 that the evaluation for providing such public assistVerDate Sep 11 2014 23:13 Jul 18, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H8582.IH H8582

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1 ance or individual assistance evaluation includes suf2 ficient equity-related considerations, including con3 siderations related to income, unemployment, and 

4 the poverty level; and 

5 (2) evaluate the potential effect of applying 

6 greater weight to equity-related considerations in 

7 providing such public assistance or individual assist8 ance. 

9 SEC. 7. ADMINISTRATOR RECOMMENDATION OF DECLARA10 TION OF MAJOR DISASTER. 

11 (a) MAJOR DISASTER.—Section 401(a) of the Robert 

12 T. Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5170(a)) is amended by striking ‘‘Based on 

14 the request of a Governor under this section,’’ and insert15 ing ‘‘With respect to a request for a declaration by the 

16 President under this section, the Administrator of the 

17 Federal Emergency Management Administration shall 

18 identify the minimum data and information required to 

19 evaluate a declaration request, request and receive such 

20 information from the State, and provide a recommenda21 tion as to whether to declare a major disaster to the Presi22 dent. Based on the request of a Governor under this sec23 tion and the recommendation of the Administrator,’’. 

24 (b) EMERGENCY DECLARATION.—Section 501(a) of 

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1 sistance Act (42 U.S.C. 5191(a)) is amended by striking 

2 ‘‘Based upon such Governor’s request,’’ and inserting 

3 ‘‘With respect to a request for a declaration by the Presi4 dent under this section, the Administrator of the Federal 

5 Emergency Management Administration shall identify the 

6 minimum data and information required to evaluate a dec7 laration request, request and receive such information 

8 from the State, and provide a recommendation as to 

9 whether to declare an emergency to the President. Based 

10 upon such Governor’s request and the recommendation of 

11 the Administrator,’’. 

12 SEC. 8. CONDITIONS NECESSARY FOR UNDERSERVED COM13 MUNITIES TO SUBMIT SIMPLIFIED DECLARA14 TION REQUEST. 

15 (a) REVISION OF REGULATIONS.—Not later than 6 

16 months after the date of enactment of this Act, the Ad17 ministrator of the Federal Emergency Management Ad18 ministration shall— 

19 (1) establish a simplified method for requesting 

20 a major disaster declaration under the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance 

22 Act declaration submission; and 

23 (2) revise such regulations as are necessary to 

24 identify conditions underserved communities, as de25 fined in section 328 of the Robert T. Stafford DisVerDate Sep 11 2014 23:13 Jul 18, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H8582.IH H8582

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1 aster Relief and Emergency Assistance Act, need to 

2 meet to be appropriate for the simplified method 

3 under paragraph (1). 

4 (b) CONSIDERATION.—Potential considerations could 

5 relate to community population size, population demo6 graphics, whether the community is an underserved com7 munity, or the financial and/or staff capacity of the af8 fected community. 

Æ 


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