[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8582 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8582

 To improve Federal disaster management and response for disadvantaged 
                  communities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 31, 2024

 Ms. Brownley introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To improve Federal disaster management and response for disadvantaged 
                  communities, 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 ``Federal Disaster Assistance 
Improvement Act''.

SEC. 2. EXPANDING ACCESS TO DECLARATION PROCESS.

    (a) Major Disaster.--Section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170) is amended by 
adding at the end the following:
    ``(d) County Requests.--
            ``(1) In general.--The chief executive officer of an 
        affected county may submit a request for a declaration by the 
        President that a major disaster exists consistent with the 
        requirements of subsection (a) under the following 
        circumstances:
                    ``(A) The Governor of the State or territory in 
                which the affected county is located does not request 
                such a declaration.
                    ``(B) The affected county is not included in a 
                request for assistance made by the Governor of the 
                State or territory in which such county is located.
                    ``(C) The affected county communicates with the 
                Governor of the State or territory in which the 
                affected county is located about the disaster or 
                potential request for a major disaster declaration 
                before the period described in paragraph (2)(A) has 
                lapsed.
            ``(2) Limitation.--The chief executive officer of an 
        affected county may not submit a request for a declaration by 
        the President that a major disaster exists until--
                    ``(A) the period during which the Governor of the 
                State or territory in which such county is located may 
                request such a declaration has lapsed; or
                    ``(B) the Governor of the State or territory in 
                which such county is located has communicated to the 
                chief executive officer of the county that the Governor 
                will not seek such a declaration from the President.
            ``(3) References.--In implementing assistance authorized by 
        the President under this Act in response to a request from the 
        chief executive officer of an affected county for a major 
        disaster declaration, any reference in this title or title III 
        to a State or the Governor of a State is deemed to refer to an 
        affected county or the chief executive officer of an affected 
        county, as appropriate.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall prohibit a county from receiving assistance under this 
        title through a declaration made by the President at the 
        request of a State under subsection (a) if the President does 
        not make a declaration under this subsection for the same 
        incident.
            ``(5) Definition of county.--
                    ``(A) In general.--In this subsection, the term 
                `county' means a county, parrish, or equivalent 
                subdivision of a State or Territory of the United 
                States that is a unit of general local government.
                    ``(B) Exception.--In the event a county is located 
                in a State where 1 or more counties are not units of 
                general local government, the term `county' includes 
                the largest city, town, or unit of general local 
                government by population in an area affected by a major 
                disaster on behalf of all affected cities, towns, and 
                other local units of general local government.''.
    (b) Emergency.--Section 501 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by 
adding at the end the following:
    ``(d) County Requests.--
            ``(1) In general.--The chief executive officer of an 
        affected county may submit a request for a declaration by the 
        President that an emergency exists consistent with the 
        requirements of subsection (a) under the following 
        circumstances:
                    ``(A) The Governor of the State or territory in 
                which the affected county is located does not request 
                such a declaration.
                    ``(B) The affected county is not included in a 
                request for assistance made by the Governor of the 
                State or territory in which such county is located.
                    ``(C) The affected county communicates with the 
                Governor of the State or territory in which the 
                affected county is located about the emergency or 
                potential request for an emergency declaration before 
                the period described in paragraph (2)(A) has lapsed.
            ``(2) Limitation.--The chief executive officer of an 
        affected county may not submit a request for a declaration by 
        the President that an emergency exists until--
                    ``(A) the period during which the Governor of the 
                State or territory in which such county is located may 
                request such a declaration has lapsed; or
                    ``(B) the Governor of the State or territory in 
                which such county is located has communicated to the 
                chief executive officer of the county that the Governor 
                will not seek such a declaration from the President.
            ``(3) References.--In implementing assistance authorized by 
        the President under this Act in response to a request of the 
        chief executive officer of an affected county for an emergency 
        declaration, any reference in this title or title III to a 
        State or the Governor of a State is deemed to refer to an 
        affected county or the chief executive officer of an affected 
        county, as appropriate.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall prohibit a county from receiving assistance under this 
        title through a declaration made by the President at the 
        request of a State under subsection (a) if the President does 
        not make a declaration under this subsection for the same 
        incident.
            ``(5) Definition of county.--
                    ``(A) In general.--In this subsection, the term 
                `county' means a county, parrish, or equivalent 
                subdivision of a State or Territory of the United 
                States that is a unit of general local government.
                    ``(B) Exception.--In the event a county is located 
                in a State where 1 or more counties are not units of 
                general local government, the term `county' includes 
                the largest city, town, or unit of general local 
                government by population in an area affected by an 
                emergency on behalf of all affected cities, towns, and 
                other units of general local government.''.
    (c) Rulemaking and Guidance.--
            (1) Rulemaking.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                issue such regulations, after providing public notice 
                and opportunity for comment, as are necessary to 
                establish a process to implement the amendments made by 
                this section.
                    (B) Contents.--The regulations required under 
                subparagraph (A) shall include--
                            (i) a process by which the chief executive 
                        officer of a county may--
                                    (I) submit a request for the 
                                Administrator to recommend that the 
                                President make a major disaster or 
                                emergency declaration for such county; 
                                and
                                    (II) upon approval of such request, 
                                directly receive any assistance 
                                provided pursuant to such request;
                            (ii) in addition to the eligibility factors 
                        described under section 206.48 of title 44, 
                        Code of Federal Regulations, eligibility 
                        criteria for the approval of a request from a 
                        county for a major disaster or emergency 
                        declaration that gives consideration to--
                                    (I) poverty rates within such 
                                county;
                                    (II) the economy within such 
                                county, including the economy of the 
                                area within such county that is 
                                impacted by the disaster or emergency;
                                    (III) relevant social vulnerability 
                                indexes for residents of such county;
                                    (IV) the rate of unemployment 
                                before the disaster or emergency within 
                                such county;
                                    (V) underserved communities within 
                                such county;
                                    (VI) the fiscal condition of the 
                                unit of government with jurisdiction 
                                over such county;
                                    (VII) the degree to which a 
                                significant proportion of residents of 
                                such county received Federal benefits 
                                during the year preceding the disaster 
                                or emergency, including--
                                            (aa) benefits provided 
                                        under the Medicaid program 
                                        under title XIX of the Social 
                                        Security Act (42 U.S.C. 1396 et 
                                        seq.);
                                            (bb) benefits provided 
                                        under the supplemental 
                                        nutrition assistance program 
                                        established under the Food and 
                                        Nutrition Act of 2008 (7 U.S.C. 
                                        2011 et seq.);
                                            (cc) benefits provided 
                                        under the program of block 
                                        grants to States for temporary 
                                        assistance for needy families 
                                        established under part A of 
                                        title IV of the Social Security 
                                        Act (42 U.S.C. 601 et seq.); 
                                        and
                                            (dd) any other Federal 
                                        benefits the Administrator 
                                        determines is appropriate; and
                                    (VIII) the impact of other recent 
                                disasters and emergencies on residents 
                                within such county;
                            (iii) eligibility criteria for contiguous 
                        counties located within the same State or 
                        territory to seek Federal disaster assistance 
                        together; and
                            (iv) timelines for a chief executive 
                        officer of a county to submit such request and 
                        opportunities to seek extensions, where 
                        appropriate.
            (2) Guidance.--Upon issuing a final regulation pursuant to 
        paragraph (1), the Administrator shall issue guidance regarding 
        such regulation, including publicizing and providing guidance 
        directly to counties about the process by which the chief 
        executive officer of a county may submit a request for the 
        declaration of a major disaster or emergency.

SEC. 3. MONITORING AND ANALYSIS OF CERTAIN EVENTS NOT DECLARED AS MAJOR 
              DISASTER OR EMERGENCY.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end 
the following:

``SEC. 328. MONITORING AND ANALYSIS OF CERTAIN EVENTS NOT DECLARED AS 
              MAJOR DISASTER OR EMERGENCY.

    ``(a) In General.--The Administrator of the Federal Emergency 
Management Administration shall monitor and analyze events that--
            ``(1) significantly impact underserved communities; and
            ``(2) would be eligible to be declared by the President as 
        a major disaster or emergency under this Act except that the 
        Governor or head of an Indian tribe with jurisdiction over the 
        area in which the event occurred did not request the 
        declaration of a major disaster or emergency pursuant to this 
        Act.
    ``(b) Definition of Underserved Community.--In this section, the 
term `underserved community' means a geographically distinct area with 
a population that--
            ``(1) has limited or no access to resources or are 
        otherwise disenfranchised; and
            ``(2) may include individuals who are--
                    ``(A) socioeconomically disadvantaged;
                    ``(B) have limited English language proficiency;
                    ``(C) geographically isolated or educationally 
                disenfranchised;
                    ``(D) people of color;
                    ``(E) of ethnic and national origin minorities;
                    ``(F) women and children;
                    ``(G) individuals with disabilities and others with 
                access and functional needs; and
                    ``(H) seniors.''.

SEC. 4. QUANTITATIVE MEASURES IN EVALUATIONS FOR FEDERAL ASSISTANCE.

    The Administrator of the Federal Emergency Management 
Administration shall issue such regulations as are necessary to require 
additional quantitative measures (including taking into account 
vulnerable populations, low-income communities, unemployment, lack of 
insurance, and other factors determined appropriate by the 
Administrator) in the evaluation of requests for Federal assistance by 
States and local communities following a declaration of a major 
disaster or emergency under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), including--
            (1) in evaluating the need for assistance to vulnerable 
        populations and low-income communities; and
            (2) the effects of unemployment, lack of insurance, and 
        other factors that necessary to assess the ability of 
        vulnerable and disadvantaged communities' ability to recover 
        from a major disaster or emergency.

SEC. 5. CONSIDERATION OF IMPACTS TO VULNERABLE AND DISADVANTAGED 
              COMMUNITIES.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.) is further amended by adding at 
the end the following:

``SEC. 329. CONSIDERATION OF IMPACTS TO VULNERABLE AND DISADVANTAGED 
              COMMUNITIES.

    ``In providing assistance under this Act in response to a major 
disaster or emergency, the Administrator of the Federal Emergency 
Management Administration shall consider highly localized impacts of 
the major disaster or emergency on underserved communities (as defined 
in section 328) that impact the ability of such vulnerable and 
disadvantaged communities to recover from the major disaster or 
emergency.''.

SEC. 6. REVIEW OF EQUITY-RELATED CONSIDERATIONS FOR PROVISION OF FEMA 
              PUBLIC ASSISTANCE OR INDIVIDUAL ASSISTANCE.

    Not later than 6 months after the date of enactment of this Act, 
the Administrator of the Federal Emergency Management Administration 
shall--
            (1) review an regulations covering public assistance or 
        individual assistance provided under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.) to ensure that the evaluation for providing such public 
        assistance or individual assistance evaluation includes 
        sufficient equity-related considerations, including 
        considerations related to income, unemployment, and the poverty 
        level; and
            (2) evaluate the potential effect of applying greater 
        weight to equity-related considerations in providing such 
        public assistance or individual assistance.

SEC. 7. ADMINISTRATOR RECOMMENDATION OF DECLARATION OF MAJOR DISASTER.

    (a) Major Disaster.--Section 401(a) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170(a)) is 
amended by striking ``Based on the request of a Governor under this 
section,'' and inserting ``With respect to a request for a declaration 
by the President under this section, the Administrator of the Federal 
Emergency Management Administration shall identify the minimum data and 
information required to evaluate a declaration request, request and 
receive such information from the State, and provide a recommendation 
as to whether to declare a major disaster to the President. Based on 
the request of a Governor under this section and the recommendation of 
the Administrator,''.
    (b) Emergency Declaration.--Section 501(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5191(a)) is amended by striking ``Based upon such Governor's request,'' 
and inserting ``With respect to a request for a declaration by the 
President under this section, the Administrator of the Federal 
Emergency Management Administration shall identify the minimum data and 
information required to evaluate a declaration request, request and 
receive such information from the State, and provide a recommendation 
as to whether to declare an emergency to the President. Based upon such 
Governor's request and the recommendation of the Administrator,''.

SEC. 8. CONDITIONS NECESSARY FOR UNDERSERVED COMMUNITIES TO SUBMIT 
              SIMPLIFIED DECLARATION REQUEST.

    (a) Revision of Regulations.--Not later than 6 months after the 
date of enactment of this Act, the Administrator of the Federal 
Emergency Management Administration shall--
            (1) establish a simplified method for requesting a major 
        disaster declaration under the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act declaration submission; and
            (2) revise such regulations as are necessary to identify 
        conditions underserved communities, as defined in section 328 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act, need to meet to be appropriate for the 
        simplified method under paragraph (1).
    (b) Consideration.--Potential considerations could relate to 
community population size, population demographics, whether the 
community is an underserved community, or the financial and/or staff 
capacity of the affected community.
                                 <all>