[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