[Congressional Record Volume 169, Number 204 (Tuesday, December 12, 2023)]
[Senate]
[Page S5922]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Ms. Duckworth):
  S. 3468. 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. Madam 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. 3468

       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 2023''.

     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'') 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, including--
       (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) the Administrator shall consider the economic 
     circumstances of--
       (i) the local economy of the area affected by the disaster, 
     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, including--
       (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) the Administrator shall consider the economic 
     circumstances of the area affected by the disaster, 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.) that was denied on or after 
     January 1, 2012.

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