Title: Disaster Equity and Fairness Act
Policy area: Emergency Management

Summary:
Disaster Equity and Fairness Act
This bill makes changes in the provision of federal disaster assistance to underserved communities and other specified recipients.
Underserved community means populations sharing a particular characteristic and geographic communities that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life.
Specifically, the bill increases the federal cost share to a local government or Indian tribal government in connection with a second or subsequent major disaster during any three-year period.
The Federal Emergency Management Agency (FEMA) may provide assistance to a state, local government, or Indian tribal government to reimburse the cost of coordinating food delivery, production, and distribution in the event of a major disaster.
FEMA must provide direct technical assistance to eligible entities for applications and prioritize specified categories of communities, including underserved communities, those that have demonstrated a compelling need, and those that are exposed to increased hazards or vulnerabilities.
The bill increases the federal cost share for a recipient (1) that will use the assistance in, or for the benefit of persons who are members of, an undeserved community; or (2) who is in, or who is a member of, an underserved community.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3093 Introduced in Senate (IS)]

<DOC>






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.

    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 ``Disaster Equity and Fairness Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the Agency;
            (2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
            (3) the term ``emergency'' means an emergency declared or 
        determined to exist by the President under section 501 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5191);
            (4) the terms ``Indian tribal government'' and ``local 
        government'' have the meanings given such terms in section 102 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122); and
            (5) the term ``major disaster'' means a major disaster 
        declared by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170).

SEC. 3. INCREASE COST-SHARE FOR CONSECUTIVE IMPACTS.

    (a) In General.--Notwithstanding the provisions of law described in 
subsection (b), for assistance provided under sections 403, 404, 406, 
408, 420, and 428 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170b, 5170c, 5172, 5174, 5187, 
5189f) to a local government or Indian tribal government in connection 
with the second, or subsequent, major disaster during any 3-year 
period, the Federal share shall be not less than 90 percent of the 
eligible cost of such assistance.
    (b) Provisions.--The provisions of law described in this subsection 
are sections 403(b), 403(c)(4), 404(a), 406(b), 408(d), 408(g)(2), 
420(a), and 428(e)(2)(B) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 
5172(b), 5174(d), 5174(g)(2), 5187(a), 5189f(e)(2)).

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

    (a) In General.--Title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by 
adding at the end the following:

``SEC. 431. STATE AND LOCAL PLANS FOR MEAL DELIVERY.

    ``(a) In General.--The Administrator may provide assistance to a 
State, local government, or Indian tribal government to reimburse the 
cost of coordinating food delivery, production, and distribution in the 
event of a major disaster, including--
            ``(1) establishing a network to coordinate food delivery, 
        production, and distribution with businesses and private 
        nonprofit organizations;
            ``(2) establishing contracts with small and mid-sized 
        restaurants, food vendors, and private nonprofit organizations, 
        including faith-based organizations, food banks, and soup 
        kitchens, to prepare healthy meals for people in need; and
            ``(3) partnering with private nonprofit organizations, 
        including faith-based organizations, food banks, and soup 
        kitchens to purchase directly from food producers and farmers.
    ``(b) Federal Share.--The Federal share of the cost of an activity 
carried out using assistance under this section shall be--
            ``(1) 100 percent of the eligible cost of food delivery, 
        production, and distribution during the 30-day period beginning 
        on the date of the declaration of the major disaster; and
            ``(2) not less than 90 percent of such eligible cost after 
        the end of the 30-day period described in paragraph (1).''.
    (b) Emergencies.--Section 502(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7) the following:
            ``(8) provide assistance for food delivery, production, and 
        distribution in accordance with section 431; and''.
    (c) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall issue comprehensive guidance to 
States, local governments, and Indian tribal governments regarding 
receiving reimbursement for the cost of food delivery, production, and 
distribution in the event of an emergency or major disaster under 
section 431 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, as added by subsection (a), including--
            (1) establishing a coordination network;
            (2) enabling streamlined arrangements for food production 
        and distribution; and
            (3) streamlined contracting and partnering with private 
        nonprofit organizations such that private nonprofit 
        organizations may apply directly for reimbursement under such 
        section as an agent of a State, local government, or Indian 
        tribal government.

SEC. 5. UNDERSERVED COMMUNITIES.

    (a) In General.--Section 203 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended--
            (1) by striking ``small impoverished'' each place it 
        appears except in subsection (a) and inserting ``underserved'';
            (2) by striking subsection (a) and inserting the following:
    ``(a) Definition of Underserved Community.--In this section, the 
term `underserved community' means populations sharing a particular 
characteristic, and geographic communities, that have been 
systematically denied a full opportunity to participate in aspects of 
economic, social, and civic life, such as--
            ``(1) Black, Latino, and Indigenous and Native American 
        persons, Asian Americans and Pacific Islanders, and other 
        persons of color;
            ``(2) members of religious minorities;
            ``(3) lesbian, gay, bisexual, transgender, queer, and 
        nonbinary persons;
            ``(4) persons with access and functional needs;
            ``(5) persons who live in rural or geographically isolated 
        areas; and
            ``(6) persons otherwise adversely affected by persistent 
        poverty or inequality.''; and
            (3) in subsection (h)--
                    (A) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``small impoverished'' and inserting 
                        ``underserved''; and
                            (ii) by striking ``carried out in a'' and 
                        inserting ``carried out in, or that will 
                        benefit persons who are members of, an''; and
                    (B) by adding at the end the following:
            ``(3) Technical assistance.--The Administrator shall 
        provide direct technical assistance to eligible entities under 
        this section for applications under this section, prioritizing 
        communities that--
                    ``(A) have not received hazard mitigation 
                assistance under this Act during the 5-year period 
                ending on the date of enactment of this paragraph;
                    ``(B) are Indian tribal governments;
                    ``(C) are underserved communities;
                    ``(D) have demonstrated a compelling need, such as 
                significant social vulnerability;
                    ``(E) have experienced multiple major disaster 
                declarations during the 5-year period ending on the 
                date of enactment of this paragraph; or
                    ``(F) are exposed to increased hazards or 
                vulnerabilities.''.
    (b) Increase Cost-Share.--
            (1) Definition.--In this subsection, the term ``underserved 
        community'' has the meaning given that term in subsection (a) 
        of section 203 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5133), as amended by this 
        section.
            (2) Federal share.--Notwithstanding the provisions of law 
        described in paragraph (3), for any emergency or major 
        disaster, the Federal share of assistance provided under 
        sections 403, 404, 406, 408, 420, 428, and 503 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170b, 5170c, 5172, 5174, 5187, 5189f, 5193)) or section 
        1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 
        4104c), shall be not less than 90 percent of the eligible cost 
        of such assistance for a recipient--
                    (A) that will use the assistance in, or for the 
                benefit of persons who are members of, an underserved 
                community; or
                    (B) who is in, or who is a member of, an 
                underserved community.
            (3) Provisions.--The provisions of law described in this 
        paragraph are sections 403(b), 403(c)(4), 404(a), 406(b), 
        408(d), 408(g)(2), 420(a), 428(e)(2)(B), and 503(a) of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 5172(b), 5174(d), 
        5174(g)(2), 5187(a), 5189f(e)(2), 5193(a)).
    (c) Technical and Conforming Amendment.--The Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended--
            (1) in section 4 (42 U.S.C. 7703), by adding at the end the 
        following:
            ``(11) The term `small impoverished community' means a 
        community of 3,000 or fewer individuals that is economically 
        disadvantaged, as determined by the State in which the 
        community is located and based on criteria established by the 
        President.''; and
            (2) in section 5(b)(2)(B)(ii) (42 U.S.C. 
        7704(b)(2)(B)(ii)), by striking ``, as defined in section 203 
        of the Disaster Relief Act of 1974 (42 U.S.C. 5133(a))''.
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