II 

112TH CONGRESS 

2D SESSION S. 2303 

To require rulemaking by the Administrator of the Federal Emergency Management Agency to address considerations in evaluating the need for 

public and individual disaster assistance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2012 

Mr. DURBIN (for himself and Mr. KIRK) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To require rulemaking by the Administrator of the Federal 

Emergency Management Agency to address considerations in evaluating the need for public and individual 

disaster assistance, 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 ‘‘Fairness in Federal 

5 Disaster Declarations Act of 2012’’. 

6 SEC. 2. REGULATORY ACTION REQUIRED. 

7 (a) IN GENERAL.—Not later than 120 days after the 

8 date of enactment of this Act, the Administrator of the 


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1 Federal Emergency Management Agency (in this Act re2 ferred to as the ‘‘Administrator’’ and ‘‘FEMA’’, respec3 tively) shall amend the rules of the Administrator under 

4 section 206.48 of title 44, Code of Federal Regulations, 

5 as in effect on the date of enactment of this Act, in accord6 ance with the provisions of this Act. 

7 (b) NEW CRITERIA REQUIRED.—The amended rules 

8 issued under subsection (a) shall provide for the following: 

9 (1) PUBLIC ASSISTANCE PROGRAM.—Such rules 

10 shall provide that, with respect to the evaluation of 

11 the need for public assistance— 

12 (A) specific weighted valuations shall be 

13 assigned to each criterion, as follows— 

14 (i) estimated cost of the assistance, 10 

15 percent; 

16 (ii) localized impacts, 40 percent; 

17 (iii) insurance coverage in force, 10 

18 percent; 

19 (iv) hazard mitigation, 10 percent; 

20 (v) recent multiple disasters, 10 per21 cent; 

22 (vi) programs of other Federal assist23 ance, 10 percent; and 

24 (vii) economic circumstances described 

25 in subparagraph (B), 10 percent; and 


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1 (B) FEMA shall consider the economic cir2 cumstances of— 

3 (i) the local economy of the affected 

4 area, including factors such as the local as5 sessable tax base and local sales tax, the 

6 median income as it compares to that of 

7 the State, and the poverty rate as it com8 pares to that of the State; and 

9 (ii) the economy of the State, includ10 ing factors such as the unemployment rate 

11 of the State, as compared to the national 

12 unemployment rate. 

13 (2) INDIVIDUAL ASSISTANCE PROGRAM.—Such 

14 rules shall provide that, with respect to the evalua15 tion of the severity, magnitude, and impact of the 

16 disaster and the evaluation of the need for assist17 ance to individuals— 

18 (A) specific weighted valuations shall be 

19 assigned to each criterion, as follows— 

20 (i) concentration of damages, 20 per21 cent; 

22 (ii) trauma, 20 percent; 

23 (iii) special populations, 20 percent; 

24 (iv) voluntary agency assistance, 10 

25 percent; 


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1 (v) insurance, 20 percent; 

2 (vi) average amount of individual as3 sistance by State, 5 percent; and 

4 (vii) economic considerations de5 scribed in subparagraph (B), 5 percent; 

6 and 

7 (B) FEMA shall consider the economic cir8 cumstances of the affected area, including fac9 tors such as the local assessable tax base and 

10 local sales tax, the median income as it com11 pares to that of the State, and the poverty rate 

12 as it compares to that of the State. 

Æ 


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