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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2961 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2961

 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, 
 and requiring equity criteria to be applied to policies and programs, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 22), 2023

  Ms. Warren (for herself, Mr. Booker, Ms. Duckworth, and Mr. Markey) 
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, 
 and 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. Government Accountability Office review of equity reforms.
   TITLE III--GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF FACTORS TO 
                          DETERMINE ASSISTANCE

Sec. 301. 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;
                    (B) sections 203 and 205 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5133, 5135); 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 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, civil rights 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 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;
            (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 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.
                    (J) The Office of External Affairs.
            (2) The administrator of each regional office of the Agency 
        or a designee.
            (3) The equity advisor designated by the Administrator 
        under section 201(a)(1).
            (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 Agency.
            (7) 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--GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF FACTORS TO 
                          DETERMINE ASSISTANCE

SEC. 301. 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 describes 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.
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