Fairness in Federal Disaster Declarations Act of 2021
Bill: S.2362 | Sponsor: Sen. Durbin, Richard J. (D-IL)
Policy area: Emergency Management

Summary:
Fairness in Federal Disaster Declarations Act of 2021
This bill requires the Federal Emergency Management Agency (FEMA) to amend the rules concerning the factors it considers when evaluating a governor's request for a major disaster declaration.
FEMA must (1) provide that, with respect to the evaluation of the need for public assistance, specific weighted valuations shall be assigned to the estimated cost of the assistance (10%), localized impacts (40%), insurance coverage in force (10%), hazard mitigation (10%), recent multiple disasters (10%), programs of other federal assistance (10%), and economic circumstances (10%); and (2) consider the economic circumstances of both the local economy of the affected area (including the local assessable tax base and local sales tax, median income, and poverty rate) and the state economy (including the unemployment rate).
Such rules are applicable to any disaster for which a governor requested a major disaster declaration and was denied on or after January 1, 2012.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Federal Disaster 
Declarations Act of 2021''.

SEC. 2. REGULATORY ACTION REQUIRED.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency (in this Act referred to as the ``Administrator'' and 
``FEMA'', respectively) shall amend the rules of the Administrator 
under section 206.48 of title 44, Code of Federal Regulations, as in 
effect on the date of enactment of this Act, in accordance with the 
provisions of this Act.
    (b) New Criteria Required.--The amended rules issued under 
subsection (a) shall provide for the following:
            (1) Public assistance program.--Such rules shall provide 
        that, with respect to the evaluation of the need for public 
        assistance--
                    (A) specific weighted valuations shall be assigned 
                to each criterion, as follows--
                            (i) estimated cost of the assistance, 10 
                        percent;
                            (ii) localized impacts, 40 percent;
                            (iii) insurance coverage in force, 10 
                        percent;
                            (iv) hazard mitigation, 10 percent;
                            (v) recent multiple disasters, 10 percent;
                            (vi) programs of other Federal assistance, 
                        10 percent; and
                            (vii) economic circumstances described in 
                        subparagraph (B), 10 percent; and
                    (B) FEMA shall consider the economic circumstances 
                of--
                            (i) the local economy of the affected area, 
                        including factors such as the local assessable 
                        tax base and local sales tax, the median income 
                        as it compares to that of the State, and the 
                        poverty rate as it compares to that of the 
                        State; and
                            (ii) the economy of the State, including 
                        factors such as the unemployment rate of the 
                        State, as compared to the national unemployment 
                        rate.
            (2) Individual assistance program.--Such rules shall 
        provide that, with respect to the evaluation of the severity, 
        magnitude, and impact of the disaster and the evaluation of the 
        need for assistance to individuals--
                    (A) specific weighted valuations shall be assigned 
                to each criterion, as follows--
                            (i) concentration of damages, 20 percent;
                            (ii) trauma, 20 percent;
                            (iii) special populations, 20 percent;
                            (iv) voluntary agency assistance, 10 
                        percent;
                            (v) insurance, 20 percent;
                            (vi) average amount of individual 
                        assistance by State, 5 percent; and
                            (vii) economic considerations described in 
                        subparagraph (B), 5 percent; and
                    (B) FEMA shall consider the economic circumstances 
                of the affected area, including factors such as the 
                local assessable tax base and local sales tax, the 
                median income as it compares to that of the State, and 
                the poverty rate as it compares to that of the State.
    (c) Effective Date.--The amended rules issued under subsection (a) 
shall apply to any disaster for which a Governor requested a major 
disaster declaration under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) and was denied on or 
after January 1, 2012.
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