II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 2961 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Emergency 

3 Management Advancement of Equity Act’’ or the ‘‘FEMA 

4 Equity Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 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. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Federal 

11 Emergency Management Agency. 

12 (2) AGENCY.—The term ‘‘Agency’’ means the 

13 Federal Emergency Management Agency. 

14 (3) EMERGENCY.—The term ‘‘emergency’’ 

15 means an emergency declared by the President 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 2961 IS

1 under section 501 of the Robert T. Stafford Disaster 

2 Relief and Emergency Assistance Act (42 U.S.C. 

3 5191). 

4 (4) EQUITABLE.—The term ‘‘equitable’’ means 

5 having or exhibiting equity. 

6 (5) EQUITY.—The term ‘‘equity’’ means— 

7 (A) the guarantee of fair treatment, ad8 vancement, equal opportunity, access for under9 served communities and other individuals; 

10 (B) the elimination of barriers that have 

11 prevented full participation for underserved 

12 communities; and 

13 (C) the reduction of disparate outcomes. 

14 (6) FEDERAL ASSISTANCE.—The term ‘‘Federal 

15 assistance’’ means assistance provided pursuant to— 

16 (A) a declaration of a major disaster or 

17 emergency; 

18 (B) sections 203 and 205 of the Robert T. 

19 Stafford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5133, 5135); and 

21 (C) section 1366 of the National Flood In22 surance Act of 1968 (42 U.S.C. 4104c). 

23 (7) MAJOR DISASTER.—The term ‘‘major dis24 aster’’ means a major disaster declared by the Presi25 dent under section 401 of the Robert T. Stafford 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 2961 IS

1 Disaster Relief and Emergency Assistance Act (42 

2 U.S.C. 5170). 

3 (8) UNDERSERVED COMMUNITY.—The term 

4 ‘‘underserved community’’ means— 

5 (A) the Native-American, Native Hawai6 ian, and Alaskan-Native community; 

7 (B) the African-American community; 

8 (C) the Asian community; 

9 (D) the Hispanic community (including in10 dividuals of Mexican, Puerto Rican, Cuban, and 

11 Central or South American origin); 

12 (E) the Pacific Islander community; 

13 (F) the Middle Eastern and North African 

14 community; 

15 (G) a rural community; 

16 (H) a low-income community; 

17 (I) individuals with disabilities; 

18 (J) a limited English proficiency commu19 nity; 

20 (K) other individuals or communities oth21 erwise adversely affected by persistent poverty 

22 or inequality; and 

23 (L) any other disadvantaged community, 

24 as determined by the Administrator. 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 2961 IS

1 TITLE I—ENSURING EQUITY IN 

2 FEDERAL DISASTER MANAGE3 MENT 

4 SEC. 101. DATA COLLECTION, ANALYSIS, AND CRITERIA. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Administrator, in con7 sultation with the Secretary of Housing and Urban Devel8 opment and the Administrator of the Small Business Ad9 ministration, shall develop and implement a process to en10 sure equity in the provision of Federal assistance and 

11 throughout all programs and policies of the Agency. 

12 (b) SPECIFIC AREAS FOR CONSULTATION.—In car13 rying out subsection (a), the Administrator shall identify 

14 requirements for ensuring the quality, consistency, acces15 sibility, and availability of information necessary to iden16 tify programs and policies of the Agency that may not sup17 port the provision of equitable Federal assistance, includ18 ing— 

19 (1) information requirements; 

20 (2) data sources and collection methods; and 

21 (3) strategies for overcoming data or other in22 formation challenges. 

23 (c) MODIFICATION OF DATA COLLECTION SYS24 TEMS.—The Administrator shall modify the data collec25 tion systems of the Agency based on the process developed 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 2961 IS

1 under subsection (a) to ensure the quality, consistency, ac2 cessibility, and availability of information necessary to 

3 identify any programs and policies of the Agency that may 

4 not support the provision of equitable Federal assistance. 

5 SEC. 102. CRITERIA FOR ENSURING EQUITY IN POLICIES 

6 AND PROGRAMS. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Administrator shall de9 velop, disseminate, and update, as appropriate, criteria to 

10 apply to policies and programs of the Agency to ensure 

11 equity in the provision of Federal assistance and through12 out all programs and policies of the Agency. 

13 (b) CONSULTATION.—In developing and dissemi14 nating the criteria required under subsection (a), the Ad15 ministrator shall consult with— 

16 (1) the Officer for Civil Rights and Civil Lib17 erties of the Department of Homeland Security; 

18 (2) the Secretary of Housing and Urban Devel19 opment; and 

20 (3) the Administrator of the Small Business 

21 Administration. 

22 (c) INTEGRATION OF CRITERIA.— 

23 (1) IN GENERAL.—To the maximum extent pos24 sible, the Administrator shall integrate the criteria 

25 developed under subsection (a) into existing and fuVerDate Sep 11 2014 22:25 Sep 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2961.IS S2961

pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 2961 IS

1 ture processes relating to the provision of Federal 

2 assistance. 

3 (2) PRIORITY.—The Administrator shall 

4 prioritize integrating the criteria under paragraph 

5 (1) into processes relating to the provision of— 

6 (A) assistance under sections 402, 403, 

7 406, 407, 428, and 502 of the Robert T. Staf8 ford Disaster Relief and Emergency Assistance 

9 Act (42 U.S.C. 5170a, 5170b, 5172, 5173, 

10 5189f, 5193); 

11 (B) Federal assistance to individuals and 

12 households under section 408 of such Act (42 

13 U.S.C. 5174); 

14 (C) hazard mitigation assistance under 

15 section 404 of such Act (42 U.S.C. 5170c); and 

16 (D) predisaster hazard mitigation assist17 ance under section 203 of such Act (42 U.S.C. 

18 5133). 

19 SEC. 103. METRICS; REPORT. 

20 (a) METRICS.—In carrying out this title, the Admin21 istrator shall— 

22 (1) establish metrics to measure the efficacy of 

23 the process developed under section 101(a) and the 

24 criteria developed under section 102(a); and 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 2961 IS

1 (2) seek input from relevant representatives of 

2 State, regional, local, and Tribal governments, rep3 resentatives of community-based organizations, sub4 ject matter experts, and individuals from under5 served communities impacted by disasters. 

6 (b) REPORT.—Not later than 1 year after the dis7 semination of the criteria under section 102(a), and annu8 ally thereafter, the Administrator shall submit to Congress 

9 a report describing how the criteria and processes devel10 oped under this title have impacted efforts to ensure eq11 uity in the provision of Federal assistance and throughout 

12 all programs and policies of the Agency, including— 

13 (1) any obstacles identified or areas for im14 provement, with respect to implementation of such 

15 criteria and processes, including any recommended 

16 legislative changes; 

17 (2) the effectiveness of such criteria and proc18 esses, as measured by the metrics established under 

19 subsection (a)(1); and 

20 (3) any impacts of such criteria and processes 

21 on the provision of Federal assistance, with specific 

22 attention to impacts relating to efforts within the 

23 Agency to address barriers to access and reduce dis24 parate outcomes. 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 2961 IS

1 TITLE II—OPERATIONAL EN2 HANCEMENT TO IMPROVE 

3 EQUITY IN FEDERAL DIS4 ASTER MANAGEMENT 

5 SEC. 201. EQUITY ADVISOR. 

6 (a) IN GENERAL.— 

7 (1) DESIGNATION.—The Administrator shall 

8 designate a senior official within the Agency as an 

9 equity advisor to the Administrator. 

10 (2) RESPONSIBILITIES.—The equity advisory 

11 designated under paragraph (1) shall be responsible 

12 for advising the Administrator on efforts of the 

13 Agency to ensure equity in the provision of Federal 

14 assistance and throughout all programs and policies 

15 of the Agency. 

16 (b) QUALIFICATIONS.—In designating an equity advi17 sor under subsection (a)(1), the Administrator shall select 

18 an individual who is a qualified expert with significant ex19 perience with respect to equity policy, civil rights policy, 

20 or programmatic reforms. 

21 (c) DUTIES.—In addition to advising the Adminis22 trator, the equity advisor designated under subsection 

23 (a)(1) shall— 

24 (1) participate in the implementation of sec25 tions 101 and 102; 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 2961 IS

1 (2) monitor equity in the implementation of eq2 uity efforts within the Agency and within regions of 

3 the Agency to ensure consistency in the implementa4 tion of policy or programmatic changes intended to 

5 ensure equity in the provision of Federal assistance 

6 and throughout all programs and policies of the 

7 Agency; 

8 (3) identify ways to improve the policies and 

9 programs of the Agency to ensure that such policies 

10 and programs are equitable, including enhancing op11 portunities to support underserved populations in 

12 preparedness, mitigation, protection, response, and 

13 recovery; and 

14 (4) any other activities the Administrator con15 siders appropriate. 

16 (d) CONSULTATION.—In carrying out the duties 

17 under this section, the equity advisor designate under sub18 section (a)(1) shall, on an ongoing basis, consult with rep19 resentatives of underserved communities, including com20 munities directly impacted by disasters, to evaluate oppor21 tunities and develop approaches to advancing equity with22 in the Agency, including by increasing coordination, com23 munication, and engagement with— 

24 (1) community-based organizations; 

25 (2) civil rights organizations; 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 2961 IS

1 (3) institutions of higher education; 

2 (4) research institutions; 

3 (5) academic organizations specializing in diver4 sity, equity, and inclusion issues; and 

5 (6) religious and faith-based organizations. 

6 SEC. 202. EQUITY ENTERPRISE STEERING GROUP. 

7 (a) ESTABLISHMENT.—There is established within 

8 the Agency a steering group to advise the Administrator 

9 on how to ensure equity in the provision of Federal assist10 ance and throughout all programs and policies of the 

11 Agency. 

12 (b) RESPONSIBILITIES.—In carrying out subsection 

13 (a), the steering group established under this section 

14 shall— 

15 (1) review and, as appropriate, recommend 

16 changes to Agency-wide policies, procedures, plans, 

17 and guidance; 

18 (2) support the development and implementa19 tion of the processes and criteria developed under 

20 title I; and 

21 (3) monitor the integration and establishment 

22 of metrics developed under section 103. 

23 (c) COMPOSITION.—The Administrator shall appoint 

24 the following individuals as members of the steering group 

25 established under subsection (a): 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 2961 IS

1 (1) Representatives from each of the following 

2 offices of the Agency: 

3 (A) The Office of Equal Rights. 

4 (B) The Office of Response and Recovery. 

5 (C) Federal Emergency Management 

6 Agency Resilience. 

7 (D) The Office of Disability Integration 

8 and Coordination. 

9 (E) The United States Fire Administra10 tion. 

11 (F) The mission support office of the 

12 Agency. 

13 (G) The Office of Chief Counsel. 

14 (H) The Office of the Chief Financial Offi15 cer. 

16 (I) The Office of Policy and Program 

17 Analysis. 

18 (J) The Office of External Affairs. 

19 (2) The administrator of each regional office of 

20 the Agency or a designee. 

21 (3) The equity advisor designated by the Ad22 ministrator under section 201(a)(1). 

23 (4) A representative from the Office for Civil 

24 Rights and Civil Liberties of the Department of 

25 Homeland Security. 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 2961 IS

1 (5) The Superintendent of the Emergency Man2 agement Institute. 

3 (6) The National Tribal Affairs Advisor of the 

4 Agency. 

5 (7) Any other official of the Agency the Admin6 istrator determines appropriate. 

7 (d) LEADERSHIP.—The Administrator shall des8 ignate 1 or more members of the steering group estab9 lished under subsection (a) to serve as chair of the steering 

10 group. 

11 SEC. 203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

12 OF EQUITY REFORMS. 

13 Not later than 3 years after the date of enactment 

14 of this Act, the Comptroller General of the United States 

15 shall issue a report to evaluate the implementation of this 

16 title and title I. 

17 TITLE III—GOVERNMENT AC18 COUNTABILITY OFFICE RE19 VIEW OF FACTORS TO DETER20 MINE ASSISTANCE 

21 SEC. 301. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 

22 OF FACTORS TO DETERMINE ASSISTANCE. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of enactment of this Act, the Comptroller General 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 2961 IS

1 of the United States shall issue a report that describes 

2 the factors the Agency considers— 

3 (1) when evaluating a request from a Governor 

4 to declare that a major disaster or emergency exists; 

5 and 

6 (2) to authorize assistance under sections 402, 

7 403, 406, 407, 408, 428, and 502 of the Robert T. 

8 Stafford Disaster Relief and Emergency Assistance 

9 Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5173, 

10 5189f, 5193). 

11 (b) CONTENTS.—The report issued under subsection 

12 (a) shall include— 

13 (1) an assessment of— 

14 (A) the degree to which the factors the 

15 Agency considers when evaluating a request for 

16 a major disaster or emergency declaration— 

17 (i) affect equity for underserved com18 munities, particularly with respect to 

19 major disaster and emergency declaration 

20 requests, approvals of such requests, and 

21 the authorization of assistance described in 

22 subsection (a)(2); and 

23 (ii) are designed to deliver equitable 

24 outcomes; 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 2961 IS

1 (B) how the Agency uses such factors or 

2 monitors whether such factors result in equi3 table outcomes; 

4 (C) the extent to which major disaster and 

5 emergency declaration requests, approvals of 

6 such requests, and the authorization of assist7 ance described in subsection (a)(2), are more 

8 highly correlated with high-income counties 

9 compared to lower-income counties; 

10 (D) whether the process and administra11 tive steps for conducting preliminary damage 

12 assessments are equitable; and 

13 (E) to the extent practicable, whether such 

14 factors may deter a Governor from seeking a 

15 major disaster or emergency declaration for po16 tentially eligible counties; and 

17 (2) a consideration of the extent to which such 

18 factors affect underserved communities— 

19 (A) of varying size; 

20 (B) with varying population density and 

21 demographic characteristics; 

22 (C) with limited emergency management 

23 staff and resources; and 

24 (D) located in urban or rural areas. 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 2961 IS

1 (c) RECOMMENDATIONS.—The Comptroller General 

2 of the United States shall include in the report issued 

3 under subsection (a) any recommendations for changes to 

4 the factors the Agency considers when evaluating a re5 quest for a major disaster or emergency declaration to ac6 count for underserved communities. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB