II 

117TH CONGRESS 

1ST SESSION S. 3093 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act to improve the provision of certain disaster assistance, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 27, 2021 

Mr. PADILLA (for himself and Mr. WYDEN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve the provision of certain 

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 ‘‘Disaster Equity and 

5 Fairness Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘Administrator’’ means the Ad9 ministrator of the Agency; 


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1 (2) the term ‘‘Agency’’ means the Federal 

2 Emergency Management Agency; 

3 (3) the term ‘‘emergency’’ means an emergency 

4 declared or determined to exist by the President 

5 under section 501 of the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 

7 5191); 

8 (4) the terms ‘‘Indian tribal government’’ and 

9 ‘‘local government’’ have the meanings given such 

10 terms in section 102 of the Robert T. Stafford Dis11 aster Relief and Emergency Assistance Act (42 

12 U.S.C. 5122); and 

13 (5) the term ‘‘major disaster’’ means a major 

14 disaster declared by the President under section 401 

15 of the Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5170). 

17 SEC. 3. INCREASE COST-SHARE FOR CONSECUTIVE IM18 PACTS. 

19 (a) IN GENERAL.—Notwithstanding the provisions of 

20 law described in subsection (b), for assistance provided 

21 under sections 403, 404, 406, 408, 420, and 428 of the 

22 Robert T. Stafford Disaster Relief and Emergency Assist23 ance Act (42 U.S.C. 5170b, 5170c, 5172, 5174, 5187, 

24 5189f) to a local government or Indian tribal government 

25 in connection with the second, or subsequent, major disVerDate Sep 11 2014 04:00 Oct 28, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3093.IS S3093

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1 aster during any 3-year period, the Federal share shall 

2 be not less than 90 percent of the eligible cost of such 

3 assistance. 

4 (b) PROVISIONS.—The provisions of law described in 

5 this subsection are sections 403(b), 403(c)(4), 404(a), 

6 406(b), 408(d), 408(g)(2), 420(a), and 428(e)(2)(B) of 

7 the Robert T. Stafford Disaster Relief and Emergency As8 sistance Act (42 U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 

9 5172(b), 5174(d), 5174(g)(2), 5187(a), 5189f(e)(2)). 

10 SEC. 4. STATE AND LOCAL PLANS FOR MEAL DELIVERY. 

11 (a) IN GENERAL.—Title IV of the Robert T. Stafford 

12 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

13 5170 et seq.) is amended by adding at the end the fol14 lowing: 

15 ‘‘SEC. 431. STATE AND LOCAL PLANS FOR MEAL DELIVERY. 

16 ‘‘(a) IN GENERAL.—The Administrator may provide 

17 assistance to a State, local government, or Indian tribal 

18 government to reimburse the cost of coordinating food de19 livery, production, and distribution in the event of a major 

20 disaster, including— 

21 ‘‘(1) establishing a network to coordinate food 

22 delivery, production, and distribution with businesses 

23 and private nonprofit organizations; 

24 ‘‘(2) establishing contracts with small and mid25 sized restaurants, food vendors, and private nonVerDate Sep 11 2014 04:00 Oct 28, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3093.IS S3093

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1 profit organizations, including faith-based organiza2 tions, food banks, and soup kitchens, to prepare 

3 healthy meals for people in need; and 

4 ‘‘(3) partnering with private nonprofit organiza5 tions, including faith-based organizations, food 

6 banks, and soup kitchens to purchase directly from 

7 food producers and farmers. 

8 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

9 cost of an activity carried out using assistance under this 

10 section shall be— 

11 ‘‘(1) 100 percent of the eligible cost of food de12 livery, production, and distribution during the 30- 

13 day period beginning on the date of the declaration 

14 of the major disaster; and 

15 ‘‘(2) not less than 90 percent of such eligible 

16 cost after the end of the 30-day period described in 

17 paragraph (1).’’. 

18 (b) EMERGENCIES.—Section 502(a) of the Robert T. 

19 Stafford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5192(a)) is amended— 

21 (1) in paragraph (7), by striking ‘‘and’’ at the 

22 end; 

23 (2) by redesignating paragraph (8) as para24 graph (9); and 


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1 (3) by inserting after paragraph (7) the fol2 lowing: 

3 ‘‘(8) provide assistance for food delivery, pro4 duction, and distribution in accordance with section 

5 431; and’’. 

6 (c) GUIDANCE.—Not later than 1 year after the date 

7 of enactment of this Act, the Administrator shall issue 

8 comprehensive guidance to States, local governments, and 

9 Indian tribal governments regarding receiving reimburse10 ment for the cost of food delivery, production, and dis11 tribution in the event of an emergency or major disaster 

12 under section 431 of the Robert T. Stafford Disaster Re13 lief and Emergency Assistance Act, as added by subsection 

14 (a), including— 

15 (1) establishing a coordination network; 

16 (2) enabling streamlined arrangements for food 

17 production and distribution; and 

18 (3) streamlined contracting and partnering with 

19 private nonprofit organizations such that private 

20 nonprofit organizations may apply directly for reim21 bursement under such section as an agent of a 

22 State, local government, or Indian tribal govern23 ment. 


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1 SEC. 5. UNDERSERVED COMMUNITIES. 

2 (a) IN GENERAL.—Section 203 of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5133) is amended— 

5 (1) by striking ‘‘small impoverished’’ each place 

6 it appears except in subsection (a) and inserting 

7 ‘‘underserved’’; 

8 (2) by striking subsection (a) and inserting the 

9 following: 

10 ‘‘(a) DEFINITION OF UNDERSERVED COMMUNITY.— 

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

12 populations sharing a particular characteristic, and geo13 graphic communities, that have been systematically denied 

14 a full opportunity to participate in aspects of economic, 

15 social, and civic life, such as— 

16 ‘‘(1) Black, Latino, and Indigenous and Native 

17 American persons, Asian Americans and Pacific Is18 landers, and other persons of color; 

19 ‘‘(2) members of religious minorities; 

20 ‘‘(3) lesbian, gay, bisexual, transgender, queer, 

21 and nonbinary persons; 

22 ‘‘(4) persons with access and functional needs; 

23 ‘‘(5) persons who live in rural or geographically 

24 isolated areas; and 

25 ‘‘(6) persons otherwise adversely affected by 

26 persistent poverty or inequality.’’; and 


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1 (3) in subsection (h)— 

2 (A) in paragraph (2)— 

3 (i) in the paragraph heading, by strik4 ing ‘‘SMALL IMPOVERISHED’’ and inserting 

5 ‘‘UNDERSERVED’’; and 

6 (ii) by striking ‘‘carried out in a’’ and 

7 inserting ‘‘carried out in, or that will ben8 efit persons who are members of, an’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(3) TECHNICAL ASSISTANCE.—The Adminis11 trator shall provide direct technical assistance to eli12 gible entities under this section for applications 

13 under this section, prioritizing communities that— 

14 ‘‘(A) have not received hazard mitigation 

15 assistance under this Act during the 5-year pe16 riod ending on the date of enactment of this 

17 paragraph; 

18 ‘‘(B) are Indian tribal governments; 

19 ‘‘(C) are underserved communities; 

20 ‘‘(D) have demonstrated a compelling need, 

21 such as significant social vulnerability; 

22 ‘‘(E) have experienced multiple major dis23 aster declarations during the 5-year period end24 ing on the date of enactment of this paragraph; 

25 or 


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1 ‘‘(F) are exposed to increased hazards or 

2 vulnerabilities.’’. 

3 (b) INCREASE COST-SHARE.— 

4 (1) DEFINITION.—In this subsection, the term 

5 ‘‘underserved community’’ has the meaning given 

6 that term in subsection (a) of section 203 of the 

7 Robert T. Stafford Disaster Relief and Emergency 

8 Assistance Act (42 U.S.C. 5133), as amended by 

9 this section. 

10 (2) FEDERAL SHARE.—Notwithstanding the 

11 provisions of law described in paragraph (3), for any 

12 emergency or major disaster, the Federal share of 

13 assistance provided under sections 403, 404, 406, 

14 408, 420, 428, and 503 of the Robert T. Stafford 

15 Disaster Relief and Emergency Assistance Act (42 

16 U.S.C. 5170b, 5170c, 5172, 5174, 5187, 5189f, 

17 5193)) or section 1366 of the National Flood Insur18 ance Act of 1968 (42 U.S.C. 4104c), shall be not 

19 less than 90 percent of the eligible cost of such as20 sistance for a recipient— 

21 (A) that will use the assistance in, or for 

22 the benefit of persons who are members of, an 

23 underserved community; or 

24 (B) who is in, or who is a member of, an 

25 underserved community. 


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1 (3) PROVISIONS.—The provisions of law de2 scribed in this paragraph are sections 403(b), 

3 403(c)(4), 404(a), 406(b), 408(d), 408(g)(2), 

4 420(a), 428(e)(2)(B), and 503(a) of the Robert T. 

5 Stafford Disaster Relief and Emergency Assistance 

6 Act (42 U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 

7 5172(b), 5174(d), 5174(g)(2), 5187(a), 5189f(e)(2), 

8 5193(a)). 

9 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

10 The Earthquake Hazards Reduction Act of 1977 (42 

11 U.S.C. 7701 et seq.) is amended— 

12 (1) in section 4 (42 U.S.C. 7703), by adding at 

13 the end the following: 

14 ‘‘(11) The term ‘small impoverished community’ 

15 means a community of 3,000 or fewer individuals 

16 that is economically disadvantaged, as determined by 

17 the State in which the community is located and 

18 based on criteria established by the President.’’; and 

19 (2) in section 5(b)(2)(B)(ii) (42 U.S.C. 

20 7704(b)(2)(B)(ii)), by striking ‘‘, as defined in sec21 tion 203 of the Disaster Relief Act of 1974 (42 

22 U.S.C. 5133(a))’’. 

Æ 


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