II 

118TH CONGRESS 

1ST SESSION S. 3468 

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 

DECEMBER 12, 2023 

Mr. DURBIN (for himself and Ms. DUCKWORTH) 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 2023’’. 

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’’) shall amend the rules 

3 of the Administrator under section 206.48 of title 44, 

4 Code of Federal Regulations, as in effect on the date of 

5 enactment of this Act, in accordance with the provisions 

6 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, including— 

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) the Administrator shall consider the 

2 economic circumstances of— 

3 (i) the local economy of the area af4 fected by the disaster, including factors 

5 such as the local assessable tax base and 

6 local sales tax, the median income as it 

7 compares to that of the State, and the pov8 erty rate as it compares to that of the 

9 State; and 

10 (ii) the economy of the State, includ11 ing factors such as the unemployment rate 

12 of the State, as compared to the national 

13 unemployment rate. 

14 (2) INDIVIDUAL ASSISTANCE PROGRAM.—Such 

15 rules shall provide that, with respect to the evalua16 tion of the severity, magnitude, and impact of the 

17 disaster and the evaluation of the need for assist18 ance to individuals— 

19 (A) specific weighted valuations shall be 

20 assigned to each criterion, including— 

21 (i) concentration of damages, 20 per22 cent; 

23 (ii) trauma, 20 percent; 

24 (iii) special populations, 20 percent; 


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1 (iv) voluntary agency assistance, 10 

2 percent; 

3 (v) insurance, 20 percent; 

4 (vi) average amount of individual as5 sistance by State, 5 percent; and 

6 (vii) economic considerations de7 scribed in subparagraph (B), 5 percent; 

8 and 

9 (B) the Administrator shall consider the 

10 economic circumstances of the area affected by 

11 the disaster, including factors such as the local 

12 assessable tax base and local sales tax, the me13 dian income as it compares to that of the State, 

14 and the poverty rate as it compares to that of 

15 the State. 

16 (c) EFFECTIVE DATE.—The amended rules issued 

17 under subsection (a) shall apply to any disaster for which 

18 a Governor requested a major disaster declaration under 

19 the Robert T. Stafford Disaster Relief and Emergency As20 sistance Act (42 U.S.C. 5121 et seq.) that was denied on 

21 or after January 1, 2012. 

Æ 


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