S. 2362Senate117th Congress (2021-2023)In Committee

Fairness in Federal Disaster Declarations Act of 2021

Introduced July 15, 2021

AI-Generated Summary

Updated February 8, 2026 at 5:19 AM UTC

The Fairness in Federal Disaster Declarations Act of 2021 requires FEMA to create new rules that set specific weighted factors for evaluating both public and individual disaster assistance, aiming to make the process more equitable. The rules must consider local and state economic conditions and will apply to disaster requests that were denied after January 1, 2012.

Key Provisions

  • FEMA must amend its regulations within 120 days of the law’s enactment.
  • Public assistance decisions must use weighted criteria: estimated cost (10%), localized impacts (40%), insurance coverage (10%), hazard mitigation (10%), recent multiple disasters (10%), other federal assistance programs (10%), and local/state economic circumstances (10%).
  • Individual assistance decisions must use weighted criteria: concentration of damages (20%), trauma (20%), special populations (20%), voluntary agency assistance (10%), insurance (20%), average state individual assistance (5%), and economic considerations (5%).
  • FEMA must evaluate economic circumstances of the affected area and state, including tax base, sales tax, median income, poverty rate, and unemployment rates.
  • The new rules apply to any major disaster declaration denied by the President 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 S4929-4930)

July 15, 2021

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SenateIntro Referral

Introduced in Senate

July 15, 2021

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text: CR S4929-4930)

July 15, 2021

Floor Debate

3 members

What members said about S. 2362 on the floor

3 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 15, 2021

Mr. President, I rise to speak in support of the ``Twenty-First Century Dams Act,'' which I introduced today. I would like to thank Senators Padilla, Wyden, Stabenow, Peters, Gillibrand, and Bennet,…

Jack Reed
Sen. Jack ReedD-RI · Jul 15, 2021

Mr. President, today I am joining Senator Collins in introducing the Green Retrofits Act of 2021, which seeks to boost energy efficiency in multifamily residential homes across the Nation. The…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 15, 2021

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

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 15, 2021

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 July 15, 2021

II

117th CONGRESS

1st Session

S. 2362

IN THE SENATE OF THE UNITED STATES

July 15, 2021

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.

1.

Short title

This Act may be cited as the Fairness in Federal Disaster Declarations Act of 2021.

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.