118 HR 5775 IH: FEMA Equity Act
U.S. House of Representatives
2023-09-27
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EN
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I
118th CONGRESS
1st Session
H. R. 5775
IN THE HOUSE OF REPRESENTATIVES
September 27, 2023
Mr. Thompson of Mississippi (for himself, Mrs. Ramirez, Ms. Norton, Ms. Velázquez, Ms. Jackson Lee, Mr. Green of Texas, Mr. Higgins of New York, Ms. Clarke of New York, Mr. Payne, Mr. Cárdenas, 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.
1.

Short title
This Act may be cited as the “Federal Emergency Management Advancement of Equity Act” or the “FEMA Equity Act”.
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.
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.
I

Ensuring Equity in Federal Disaster Management
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.
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).
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.
II

Operational Enhancement to Improve Equity in Federal Disaster Management
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.
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.
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.
III

GAO review of factors to determine assistance
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.