[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4159 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4159
To ensure greater equity in Federal disaster assistance policies and
programs by authorizing an equity steering group and equity advisor
within the Federal Emergency Management Agency, improving data
collection to measure disparate outcomes and participation barriers,
requiring equity criteria to be applied to policies and programs, and
permitting counties to seek emergency and major disaster declarations
in certain circumstances, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 2022
Ms. Warren (for herself, Mr. Booker, 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 ensure greater equity in Federal disaster assistance policies and
programs by authorizing an equity steering group and equity advisor
within the Federal Emergency Management Agency, improving data
collection to measure disparate outcomes and participation barriers,
requiring equity criteria to be applied to policies and programs, and
permitting counties to seek emergency and major disaster declarations
in certain circumstances, 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 Emergency Management
Advancement of Equity Act'' or the ``FEMA Equity Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--ENSURING EQUITY IN FEDERAL DISASTER MANAGEMENT
Sec. 101. Data collection, analysis, and criteria.
Sec. 102. Criteria for ensuring equity in policies and programs.
Sec. 103. Metrics; report.
TITLE II--OPERATIONAL ENHANCEMENT TO IMPROVE EQUITY IN FEDERAL DISASTER
MANAGEMENT
Sec. 201. Equity advisor.
Sec. 202. Equity enterprise steering group.
Sec. 203. Government Accountability Office review of equity reforms.
TITLE III--SAFEGUARDS TO ENSURE EQUITY IN FEDERAL EMERGENCY MANAGEMENT
AGENCY DISASTER PROGRAMS
Sec. 301. Expanding access to declaration process.
Sec. 302. Rulemaking and guidance.
Sec. 303. Government Accountability Office review of factors to
determine assistance.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(3) Emergency.--The term ``emergency'' means an emergency
declared by the President under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191).
(4) Equitable.--The term ``equitable'' means having or
exhibiting equity.
(5) Equity.--The term ``equity'' means--
(A) the guarantee of fair treatment, advancement,
equal opportunity, access for underserved communities
and other individuals;
(B) the elimination of barriers that have prevented
full participation for underserved communities; and
(C) the reduction of disparate outcomes.
(6) Federal assistance.--The term ``Federal assistance''
means assistance provided pursuant to--
(A) a declaration of a major disaster or emergency,
including assistance provided pursuant to sections 203,
205, 404, and 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133,
5135, 5170c, 5187); and
(B) section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c).
(7) Major disaster.--The term ``major disaster'' means a
major disaster declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170).
(8) Underserved community.--The term ``underserved
community'' means--
(A) the Native-American and Alaskan-Native
community;
(B) the African-American community;
(C) the Asian community;
(D) the Hispanic community (including individuals
of Mexican, Puerto Rican, Cuban, and Central or South
American origin);
(E) the Pacific Islander community;
(F) the Middle Eastern and North African community;
(G) a rural community;
(H) a low-income community;
(I) individuals with disabilities;
(J) a limited English proficiency community;
(K) other individuals or communities otherwise
adversely affected by persistent poverty or inequality;
and
(L) any other disadvantaged community, as
determined by the Administrator.
TITLE I--ENSURING EQUITY IN FEDERAL DISASTER MANAGEMENT
SEC. 101. DATA COLLECTION, ANALYSIS, AND CRITERIA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with the Secretary of
Housing and Urban Development and the Administrator of the Small
Business Administration, shall develop and implement a process to
ensure equity in the provision of Federal assistance and throughout all
programs and policies of the Agency.
(b) Specific Areas for Consultation.--In carrying out subsection
(a), the Administrator shall identify requirements for ensuring the
quality, consistency, accessibility, and availability of information
necessary to identify programs and policies of the Agency that may not
support the provision of equitable Federal assistance, including--
(1) information requirements;
(2) data sources and collection methods; and
(3) strategies for overcoming data or other information
challenges.
(c) Modification of Data Collection Systems.--The Administrator
shall modify the data collection systems of the Agency based on the
process developed under subsection (a) to ensure the quality,
consistency, accessibility, and availability of information necessary
to identify any programs and policies of the Agency that may not
support the provision of equitable Federal assistance.
SEC. 102. CRITERIA FOR ENSURING EQUITY IN POLICIES AND PROGRAMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop, disseminate, and update,
as appropriate, criteria to apply to policies and programs of the
Agency to ensure equity in the provision of Federal assistance and
throughout all programs and policies of the Agency.
(b) Consultation.--In developing and disseminating the criteria
required under subsection (a), the Administrator shall consult with--
(1) the Officer for Civil Rights and Civil Liberties of the
Department of Homeland Security;
(2) the Secretary of Housing and Urban Development; and
(3) the Administrator of the Small Business Administration.
(c) Integration of Criteria.--
(1) In general.--To the maximum extent possible, the
Administrator shall integrate the criteria developed under
subsection (a) into existing and future processes relating to
the provision of Federal assistance.
(2) Priority.--The Administrator shall prioritize
integrating the criteria under paragraph (1) into processes
relating to the provision of--
(A) assistance under sections 402, 403, 406, 407,
428, and 502 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170a, 5170b,
5172, 5173, 5189f, 5193);
(B) Federal assistance to individuals and
households under section 408 of such Act (42 U.S.C.
5174);
(C) hazard mitigation assistance under section 404
of such Act (42 U.S.C. 5170c); and
(D) predisaster hazard mitigation assistance under
section 203 of such Act (42 U.S.C. 5133).
SEC. 103. METRICS; REPORT.
(a) Metrics.--In carrying out this title, the Administrator shall--
(1) establish metrics to measure the efficacy of the
process developed under section 101(a) and the criteria
developed under section 102(a); and
(2) seek input from relevant representatives of State,
regional, local, and Tribal governments, representatives of
community-based organizations, subject matter experts, and
individuals from underserved communities impacted by disasters.
(b) Report.--Not later than 1 year after the dissemination of the
criteria under section 102(a), and annually thereafter, the
Administrator shall submit to Congress a report describing how the
criteria and processes developed under this title have impacted efforts
to ensure equity in the provision of Federal assistance and throughout
all programs and policies of the Agency, including--
(1) any obstacles identified or areas for improvement, with
respect to implementation of such criteria and processes,
including any recommended legislative changes;
(2) the effectiveness of such criteria and processes, as
measured by the metrics established under subsection (a)(1);
and
(3) any impacts of such criteria and processes on the
provision of Federal assistance, with specific attention to
impacts relating to efforts within the Agency to address
barriers to access and reduce disparate outcomes.
TITLE II--OPERATIONAL ENHANCEMENT TO IMPROVE EQUITY IN FEDERAL DISASTER
MANAGEMENT
SEC. 201. EQUITY ADVISOR.
(a) In General.--
(1) Designation.--The Administrator shall designate a
senior official within the Agency as an equity advisor to the
Administrator.
(2) Responsibilities.--The equity advisory designated under
paragraph (1) shall be responsible for advising the
Administrator on efforts of the Agency to ensure equity in the
provision of Federal assistance and throughout all programs and
policies of the Agency.
(b) Qualifications.--In designating an equity advisor under
subsection (a)(1), the Administrator shall select an individual who is
a qualified expert with significant experience with respect to equity
policy or programmatic reforms.
(c) Duties.--In addition to advising the Administrator, the equity
advisor designated under subsection (a)(1) shall--
(1) participate in the implementation of sections 101 and
102;
(2) monitor equity in the implementation of equity efforts
within the Agency and within regions of the Agency to ensure
consistency in the implementation of policy or programmatic
changes intended to ensure equity in the provision of Federal
assistance and throughout all programs and policies of the
Agency;
(3) identify ways to improve the policies and programs of
the Agency to ensure that such policies and programs are
equitable, including--
(A) recommending opportunities to enhance language
access;
(B) recruiting, hiring, retaining, and promoting
diverse candidates at all levels of Agency operations;
and
(C) enhancing opportunities to support underserved
populations in preparedness, mitigation, protection,
response, and recovery; and
(4) any other activities the Administrator considers
appropriate.
(d) Consultation.--In carrying out the duties under this section,
the equity advisor designate under subsection (a)(1) shall, on an
ongoing basis, consult with representatives of underserved communities,
including communities directly impacted by disasters, to evaluate
opportunities and develop approaches to advancing equity within the
Agency, including by increasing coordination, communication, and
engagement with--
(1) community-based organizations;
(2) civil rights organizations;
(3) institutions of higher education;
(4) research institutions; and
(5) academic organizations specializing in diversity,
equity, and inclusion issues.
SEC. 202. EQUITY ENTERPRISE STEERING GROUP.
(a) Establishment.--There is established within the Agency a
steering group to advise the Administrator on how to ensure equity in
the provision of Federal assistance and throughout all programs and
policies of the Agency.
(b) Responsibilities.--In carrying out subsection (a), the steering
group established under this section shall--
(1) review and, as appropriate, recommend changes to
Agency-wide policies, procedures, plans, and guidance;
(2) support the development and implementation of the
processes and criteria developed under title I; and
(3) monitor the integration and establishment of metrics
developed under section 103.
(c) Composition.--The Administrator shall appoint the following
individuals as members of the steering group established under
subsection (a):
(1) Representatives from each of the following offices of
the Agency:
(A) The Office of Equal Rights.
(B) The Office of Response and Recovery.
(C) Federal Emergency Management Agency Resilience.
(D) The Office of Disability Integration and
Coordination.
(E) The United States Fire Administration.
(F) The mission support office of the Agency.
(G) The Office of Chief Counsel.
(H) The Office of the Chief Financial Officer.
(I) The Office of Policy and Program Analysis.
(2) The administrator of each regional office of the Agency
or a designee.
(3) A representative from the National Advisory Council.
(4) The equity advisor designated by the Administrator
under section 201(a)(1).
(5) A representative from the Office for Civil Rights and
Civil Liberties of the Department of Homeland Security.
(6) The Superintendent of the Emergency Management
Institute.
(7) The National Tribal Affairs Advisor of the Agency.
(8) Any other official of the Agency the Administrator
determines appropriate.
(d) Leadership.--The Administrator shall designate 1 or more
members of the steering group established under subsection (a) to serve
as chair of the steering group.
SEC. 203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF EQUITY REFORMS.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall issue a report to
evaluate the implementation of this title and title I.
TITLE III--SAFEGUARDS TO ENSURE EQUITY IN FEDERAL EMERGENCY MANAGEMENT
AGENCY DISASTER PROGRAMS
SEC. 301. 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--
(1) in subsection (a), by striking ``All requests'' and
inserting ``Subject to subsection (d), all requests''; and
(2) by adding at the end the following:
``(d) County Requests.--
``(1) County defined.--In this subsection, the term
`county'--
``(A) means a county, parish, or equivalent
subdivision of a State or territory of the United
States that is a unit of general local government; and
``(B) in the event a county is located in a State
where 1 or more counties are not units of general local
government, 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.
``(2) Request.--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 under subsection (a).
``(B) The affected county is not included in a
request for assistance made under subsection (a) 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 (3)(A) has
lapsed.
``(3) 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 under paragraph (2)
until--
``(A) the period during which the Governor of the
State or territory in which such county is located may
request such a declaration under subsection (a) 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.
``(4) 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 under this subsection, 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.
``(5) 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.''.
(b) Emergency.--Section 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended--
(1) in subsection (a), by striking ``All requests'' and
inserting ``Subject to subsection (d), all requests''; and
(2) by adding at the end the following:
``(d) County Requests.--
``(1) County defined.--In this subsection, the term
`county' has the meaning given the term in section 401(d).
``(2) Request.--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 under subsection (a).
``(B) The affected county is not included in a
request for assistance made under subsection (a) 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 (3)(A) has
lapsed.
``(3) Limitation.--The chief executive officer of an
affected county may not submit a request for a declaration by
the President that an emergency exists under paragraph (2)
until--
``(A) the period during which the Governor of the
State or territory in which such county is located may
request such a declaration under subsection (a) 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.
``(4) 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 under this subsection, 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.
``(5) 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.''.
SEC. 302. RULEMAKING AND GUIDANCE.
(a) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and after providing public notice and
opportunity for comment, the Administrator shall issue
regulations necessary to establish a process to implement the
amendments made by section 302.
(2) Contents.--The regulations required under paragraph (1)
shall include--
(A) 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;
(B) 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--
(I) benefits provided under the
Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.);
(II) benefits provided under the
supplemental nutrition assistance
program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
(III) 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
(IV) any other Federal benefits the
Administrator determines appropriate;
and
(viii) the impact of other recent disasters
and emergencies on residents within such
county;
(C) eligibility criteria for contiguous counties
located within the same State or territory to seek
Federal disaster assistance together; and
(D) timelines for a chief executive officer of a
county to submit such request and opportunities to seek
extensions, where appropriate.
(b) Guidance.--Upon issuing a final regulation pursuant to
subsection (a), the Administrator shall issue guidance relating to 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. 303. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF FACTORS TO
DETERMINE ASSISTANCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall issue a
report that describing the factors the Agency considers--
(1) when evaluating a request from a Governor to declare
that a major disaster or emergency exists; and
(2) to authorize assistance under sections 402, 403, 406,
407, 408, 428, and 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b,
5170c, 5172, 5173, 5189f, 5193).
(b) Contents.--The report issued under subsection (a) shall
include--
(1) an assessment of--
(A) the degree to which the factors the Agency
considers when evaluating a request for a major
disaster or emergency declaration--
(i) affect equity for underserved
communities, particularly with respect to major
disaster and emergency declaration requests,
approvals of such requests, and the
authorization of assistance described in
subsection (a)(2); and
(ii) are designed to deliver equitable
outcomes;
(B) how the Agency uses such factors or monitors
whether such factors result in equitable outcomes;
(C) the extent to which major disaster and
emergency declaration requests, approvals of such
requests, and the authorization of assistance described
in subsection (a)(2), are more highly correlated with
high-income counties compared to lower-income counties;
(D) whether the process and administrative steps
for conducting preliminary damage assessments are
equitable; and
(E) to the extent practicable, whether such factors
may deter a Governor from seeking a major disaster or
emergency declaration for potentially eligible
counties; and
(2) a consideration of the extent to which such factors
affect underserved communities--
(A) of varying size;
(B) with varying population density and demographic
characteristics;
(C) with limited emergency management staff and
resources; and
(D) located in urban or rural areas.
(c) Recommendations.--The Comptroller General of the United States
shall include in the report issued under subsection (a) any
recommendations for changes to the factors the Agency considers when
evaluating a request for a major disaster or emergency declaration to
account for underserved communities.
<all>