[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Ms. Duckworth):
  S. 1852. 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; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1852

       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 2019''.

     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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