S. 1852Senate116th Congress (2019-2021)In Committee

Fairness in Federal Disaster Declarations Act of 2019

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Updated April 14, 2026 at 6:09 AM UTC

The Fairness in Federal Disaster Declarations Act of 2019 directs FEMA to create new regulations that use specific weighted criteria to decide when public and individual disaster aid is needed. By factoring in local and state economic conditions and other impact measures, the bill aims to make assistance decisions more transparent and equitable. It affects future disaster assistance decisions for states whose disaster declaration requests have been denied since 2012.

Key Provisions

FEMA must rewrite its disaster assistance rules within 120 days of the law’s enactment.
For public assistance, FEMA must use a weighted scoring system (40% localized impacts, 10% each for cost, insurance, mitigation, recent multiple disasters, other federal programs, and economic circumstances). Economic factors include local tax base, sales tax, median income vs. state, poverty rate vs. state, and state unemployment vs. national unemployment.
For individual assistance, FEMA must also use weighted scores (20% each for damage concentration, trauma, special populations, and insurance; 10% for voluntary agency help; 5% for average state assistance and economic considerations). Economic factors are similar to those for public assistance.
The new rules apply to any disaster where a governor’s request for a major disaster declaration was denied on or after Jan. 1, 2012.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text: CR S3481)

Homeland Security and Governmental Affairs Committee

June 13, 2019

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SenateIntro Referral

Introduced in Senate

June 13, 2019

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text: CR S3481)

Homeland Security and Governmental Affairs Committee

June 13, 2019

Floor Debate

4 members

What members said about S. 1852 on the floor

1 Republican3 Democrats

Sen. Jack ReedD-RI · Jun 13, 2019

Mr. President, today I am reintroducing the Stronger Enforcement of Civil Penalties Act along with Senator Grassley and Senator Leahy. This bill will help securities regulators better protect…

Mr. President, today I am reintroducing the Stronger Enforcement of Civil Penalties Act along with Senator Grassley and Senator Leahy. This bill will help securities regulators better protect investors and demand greater accountability from market players. Even after a financial crisis that devastated our nation's economy, we continue to see calculated wrongdoing by some on Wall Street, and without the consequence of meaningful penalties to serve as an effective deterrent, I worry this disturbing culture of misconduct will persist.

Today, the amount of penalties the Securities and Exchange Commission (SEC) can fine an institution or individual is restricted by statute. During hearings I held in 2011 as Chairman of the Banking Committee's Securities, Insurance, and Investment Subcommittee, I learned how this limitation significantly interferes with the SEC's ability to perform its enforcement duties. At that time, a Federal judge had criticized the SEC for not obtaining a larger settlement against Citigroup, a major player in the financial crisis that settled with the agency in an amount that was far below the cost the bank had inflicted on investors. The SEC explained that a statutory prohibition against levying a larger penalty led to the low settlement amount. Indeed, then SEC Chairman

Mary L. Schapiro in 2011 also explained that ``the Commission's statutory authority to obtain civil monetary penalties with appropriate deterrent effect is limited in many circumstances.''

The bipartisan bill we are reintroducing seeks to update the SEC's outdated civil penalties statutes. This bill strives to make potential and current offenders think twice before engaging in misconduct by increasing the maximum statutory civil monetary penalties, directly linking the size of the penalties to the amount of losses suffered by victims of a violation, and substantially raising the financial stakes for repeat offenders of our nation's securities laws.

Specifically, our bill would expand the SEC's options to tailor penalties to the specific circumstances of a given violation. In addition to raising the per violation caps for severe, or ``third tier,'' violations to $1 million per offense for individuals and $10 million per offense for entities, the legislation would also give the SEC additional options to obtain greater penalties based on the ill- gotten gains of the violator or on the financial harm to investors.

Our bill also strives to deter repeat offenders on Wall Street through two provisions. The first would allow the SEC to triple the penalty cap applicable to recidivists who have been held either criminally or civilly liable for securities fraud within the previous five years. The second would allow the SEC to seek a civil penalty against those who violate existing federal court or SEC orders, an approach that would be more efficient, effective, and flexible than the current civil contempt remedy. These changes would greatly improve the SEC's ability to levy robust penalties against repeat offenders.

Slightly more than half of all U.S. households are invested in the stock market. All of our constituents deserve a strong cop on the beat that has the necessary tools to go after fraudsters and pursue the difficult cases arising from our increasingly complex financial markets. The Stronger Enforcement of Civil Penalties Act will enhance the SEC's ability to demand meaningful accountability from Wall Street, which in turn will increase transparency and confidence in our financial system. I urge our colleagues to support this important bipartisan legislation.

Sen. Tim KaineD-VA · Jun 13, 2019

Mr. President. When a U.S. servicemember gives their life in service to their Nation, they often leave behind family who we are equally indebted to. Ensuring that these survivors are provided every opportunity to succeed and get a quality education supports our values and upholds our promise to servicemembers and military families. Unfortunately, our ability to uphold our promise to dependents of servicemembers who were killed in action (KIA) in Iraq and Afghanistan following the attacks on September 11, 2001 has been affected.

As a result of sequestration, the U.S. Department of Education (ED) sent a letter to institutions requiring them to reduce the Iraq and Afghanistan Service Grant awards by about 6.2% or almost $400 per recipient for the 2018-2019 award year. These grants are critical for students to use for tuition, books, and room and board and any future cut would be significant for a young college student. Many children and dependents of servicemembers who were KIA in Iraq and Afghanistan are now reaching college age so more and more students will not be receiving as much in grants as they should be getting and rightfully deserve.

Today, I am pleased to introduce with my colleagues Senator Lankford, Senator Tester, and Senator Scott (from South Carolina) a bipartisan bill called the Protecting our Gold Star Families' Act of 2019. This legislation will move the Iraq and Afghanistan Service Grant program to the Pell Grant program to stabilize the funding source for these awards and ensure Gold Star families have access to the maximum Pell Grant funding available if they previously did not qualify for Pell Grants. Additionally the bill would align eligibility requirements under existing Department of Veterans Affairs grants such as the Fry Scholarship with ED and the Iraq and Afghanistan Service program to ensure that all Gold Star families are receiving the award.

While Virginia public universities already offer tuition assistance to dependents whose parents were killed in action or were permanently disabled under the state's Virginia Military Survivors and Dependents Education Program (VMSDEP), these funds could be used to offset tuition at private institutions and could also cover additional expenses, including room and board, books, and supplies. Over 500 Virginians have attended or are currently attending college at public universities with assistance through VMSDEP and would qualify for these Pell Grants as well.

Our Gold Star families have made the ultimate sacrifice for this country. Helping them afford college is the least we can do. We should give our servicemembers a peace of mind that if anything happens to them, the nation they served will look out for their children and help them access a high-quality education. As more of our post 9/11 Gold Star children are starting to reach college age, now is the right time to improve the program. I hope that my colleagues will incorporate this bipartisan bill in a reauthorization of the Higher Education Act.

Sen. Richard J. DurbinD-IL · Jun 13, 2019

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Steve DainesR-MT · Jun 13, 2019

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Richard J. DurbinD-IL · Jun 13, 2019

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued June 13, 2019

116th CONGRESS

1st Session

S. 1852

IN THE SENATE OF THE UNITED STATES

June 13, 2019

Mr. Durbin (for himself and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

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.

Short title

This Act may be cited as the Fairness in Federal Disaster Declarations Act of 2019.

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.