[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5775 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5775
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
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2023
Mr. Thompson of Mississippi (for himself, Mrs. Ramirez, Ms. Norton, Ms.
Velazquez, Ms. Jackson Lee, Mr. Green of Texas, Mr. Higgins of New
York, Ms. Clarke of New York, Mr. Payne, Mr. Cardenas, Mr. Swalwell,
Ms. Titus, Mrs. Watson Coleman, Mr. Carter of Louisiana, Mr. Robert
Garcia of California, Mr. Moskowitz, and Mr. Thanedar) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committee on Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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
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. GAO review of equity reforms.
TITLE III--GAO REVIEW OF FACTORS TO DETERMINE ASSISTANCE
Sec. 301. GAO 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) Equity.--The term ``equity'' means the guarantee of
fair treatment, advancement, equal opportunity, and access for
underserved communities and others, the elimination of barriers
that have prevented full participation for underserved
communities, and the reduction of disparate outcomes.
(5) Equitable.--The term ``equitable'' means having or
exhibiting equity.
(6) Federal assistance.--The term ``Federal assistance''
means assistance provided pursuant to--
(A) a declaration of a major disaster or emergency
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act;
(B) sections 203 and 205 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act; and
(C) 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, Native Hawaiian, 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 one year after the date of
enactment of this Act, the Administrator shall, in consultation with
the Secretary of Housing and Urban Development and the Administrator of
the Small Business Administration, 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
needed 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 needed 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 one 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 Office for Civil Rights and Civil Liberties of the
Department of Homeland Security;
(2) the United States Department of Housing and Urban
Development; and
(3) the Small Business Administration.
(c) Integration of Criteria.--
(1) In general.--The Administrator shall, to the maximum
extent possible, integrate the criteria developed under
subsection (a) into existing and future processes related to
the provision of Federal assistance.
(2) Priority.--The Administrator shall prioritize
integrating the criteria under paragraph (1) into processes
related 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 et seq.);
(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 and the criteria developed
under section 102; and
(2) seek input from relevant representatives of State,
regional, local, territorial, and Tribal governments,
representatives of community-based organizations, subject
matter experts, and individuals from underserved communities
impacted by disasters.
(b) Report.--Not later than one 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); and
(3) any impacts of such criteria and processes on the
provision of Federal assistance, with specific attention to
impacts related to efforts within the Agency to address
barriers to access and reducing disparate outcomes.
TITLE II--OPERATIONAL ENHANCEMENT TO IMPROVE EQUITY IN FEDERAL DISASTER
MANAGEMENT
SEC. 201. EQUITY ADVISOR.
(a) In General.--The Administrator shall designate a senior
official within the Agency as an equity advisor to the Administrator to
be responsible for advising the Administrator on Agency efforts 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), the Administrator shall select an individual who is a
qualified expert with significant experience with respect to equity
policy, civil rights policy, or programmatic reforms.
(c) Duties.--In addition to advising the Administrator, the equity
advisor designated under subsection (a) shall--
(1) participate in the implementation of sections 101 and
102;
(2) monitor equity the implementation of equity efforts
within the Agency and within Federal Emergency Management
Agency Regions 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 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 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;
(5) academic organizations specializing in diversity,
equity, and inclusion issues; and
(6) religious and faith-based organizations.
SEC. 202. EQUITY ENTERPRISE STEERING GROUP.
(a) Establishment.--There is established in 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) FEMA 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.
(J) The Office of External Affairs.
(2) The administrator of each Regional Office, or his or
her designee.
(3) The equity advisor, as designated by the Administrator
under section 201.
(4) A representative from the Office for Civil Rights and
Civil Liberties of the Department of Homeland Security.
(5) The Superintendent of the Emergency Management
Institute.
(6) The National Tribal Affairs Advisor of the Federal
Emergency Management Agency.
(7) Any other official of the Agency the Administrator
determines appropriate.
(d) Leadership.--The Administrator shall designate one or more
members of the steering group established under subsection (a) to serve
as chair of the steering group.
SEC. 203. GAO REVIEW OF EQUITY REFORMS.
Not later than three 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--GAO REVIEW OF FACTORS TO DETERMINE ASSISTANCE
SEC. 301. GAO REVIEW OF FACTORS TO DETERMINE ASSISTANCE.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United States
shall issue a report describing the factors the Agency considers when
evaluating a request from a Governor to declare that a major disaster
or emergency exists and 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 et seq.).
(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); and
(ii) are designed to deliver equitable
outcomes;
(B) how the Agency utilizes 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), 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 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>