I 

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. 

VELA ́ZQUEZ, Ms. JACKSON LEE, Mr. GREEN of Texas, Mr. HIGGINS of 

New York, Ms. CLARKE of New York, Mr. PAYNE, Mr. CA ́RDENAS, 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. 


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

3 SECTION 1. SHORT TITLE. 

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

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

6 Equity Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 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. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Federal 

13 Emergency Management Agency. 

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

15 Federal Emergency Management Agency. 


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

2 means an emergency declared by the President 

3 under section 501 of the Robert T. Stafford Disaster 

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

5 5191). 

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

7 guarantee of fair treatment, advancement, equal op8 portunity, and access for underserved communities 

9 and others, the elimination of barriers that have pre10 vented full participation for underserved commu11 nities, and the reduction of disparate outcomes. 

12 (5) EQUITABLE.—The term ‘‘equitable’’ means 

13 having or exhibiting equity. 

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 under the Robert T. Stafford Dis18 aster Relief and Emergency Assistance Act; 

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

20 Stafford Disaster Relief and Emergency Assist21 ance Act; and 

22 (C) section 1366 of the National Flood In23 surance Act of 1968 (42 U.S.C. 4104c). 

24 (7) MAJOR DISASTER.—The term ‘‘major dis25 aster’’ means a major disaster declared by the PresiVerDate Sep 11 2014 23:09 Sep 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5775.IH H5775

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1 dent under section 401 of the Robert T. Stafford 

2 Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5170). 

4 (8) UNDERSERVED COMMUNITY.—The term 

5 ‘‘underserved community’’ means— 

6 (A) the Native-American, Native Hawai7 ian, and Alaskan-Native community; 

8 (B) the African-American community; 

9 (C) the Asian community; 

10 (D) the Hispanic community (including in11 dividuals of Mexican, Puerto Rican, Cuban, and 

12 Central or South American origin); 

13 (E) the Pacific Islander community; 

14 (F) the Middle Eastern and North African 

15 community; 

16 (G) a rural community; 

17 (H) a low-income community; 

18 (I) individuals with disabilities; 

19 (J) a limited English proficiency commu20 nity; 

21 (K) other individuals or communities oth22 erwise adversely affected by persistent poverty 

23 or inequality; and 

24 (L) any other disadvantaged community, 

25 as determined by the Administrator. 


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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 one year after the 

6 date of enactment of this Act, the Administrator shall, in 

7 consultation with the Secretary of Housing and Urban De8 velopment and the Administrator of the Small Business 

9 Administration, 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 needed to identify 

16 programs and policies of the Agency that may not support 

17 the provision of equitable Federal assistance, including— 

18 (1) information requirements; 

19 (2) data sources and collection methods; and 

20 (3) strategies for overcoming data or other in21 formation challenges. 

22 (c) MODIFICATION OF DATA COLLECTION SYS23 TEMS.—The Administrator shall modify the data collec24 tion systems of the Agency based on the process developed 

25 under subsection (a) to ensure the quality, consistency, acVerDate Sep 11 2014 23:09 Sep 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5775.IH H5775

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1 cessibility, and availability of information needed to iden2 tify any programs and policies of the Agency that may 

3 not support the provision of equitable Federal assistance. 

4 SEC. 102. CRITERIA FOR ENSURING EQUITY IN POLICIES 

5 AND PROGRAMS. 

6 (a) IN GENERAL.—Not later than one year after the 

7 date of enactment of this Act, the Administrator shall de8 velop, disseminate, and update, as appropriate, criteria to 

9 apply to policies and programs of the Agency to ensure 

10 equity in the provision of Federal assistance and through11 out all programs and policies of the Agency. 

12 (b) CONSULTATION.—In developing and dissemi13 nating the criteria required under subsection (a), the Ad14 ministrator shall consult with— 

15 (1) the Office for Civil Rights and Civil Lib16 erties of the Department of Homeland Security; 

17 (2) the United States Department of Housing 

18 and Urban Development; and 

19 (3) the Small Business Administration. 

20 (c) INTEGRATION OF CRITERIA.— 

21 (1) IN GENERAL.—The Administrator shall, to 

22 the maximum extent possible, integrate the criteria 

23 developed under subsection (a) into existing and fu24 ture processes related to the provision of Federal as25 sistance. 


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1 (2) PRIORITY.—The Administrator shall 

2 prioritize integrating the criteria under paragraph 

3 (1) into processes related to the provision of— 

4 (A) assistance under sections 402, 403, 

5 406, 407, 428, and 502 of the Robert T. Staf6 ford Disaster Relief and Emergency Assistance 

7 Act (42 U.S.C. 5170a et seq.); 

8 (B) Federal assistance to individuals and 

9 households under section 408 of such Act (42 

10 U.S.C. 5174); 

11 (C) hazard mitigation assistance under 

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

13 (D) predisaster hazard mitigation assist14 ance under section 203 of such Act (42 U.S.C. 

15 5133). 

16 SEC. 103. METRICS; REPORT. 

17 (a) METRICS.—In carrying out this title, the Admin18 istrator shall— 

19 (1) establish metrics to measure the efficacy of 

20 the process developed under section 101 and the cri21 teria developed under section 102; and 

22 (2) seek input from relevant representatives of 

23 State, regional, local, territorial, and Tribal govern24 ments, representatives of community-based organizaVerDate Sep 11 2014 23:09 Sep 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5775.IH H5775

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1 tions, subject matter experts, and individuals from 

2 underserved communities impacted by disasters. 

3 (b) REPORT.—Not later than one year after the dis4 semination of the criteria under section 102(a), and annu5 ally thereafter, the Administrator shall submit to Congress 

6 a report describing how the criteria and processes devel7 oped under this title have impacted efforts to ensure eq8 uity in the provision of Federal assistance and throughout 

9 all programs and policies of the Agency, including— 

10 (1) any obstacles identified or areas for im11 provement with respect to implementation of such 

12 criteria and processes, including any recommended 

13 legislative changes; 

14 (2) the effectiveness of such criteria and proc15 esses, as measured by the metrics established under 

16 subsection (a); and 

17 (3) any impacts of such criteria and processes 

18 on the provision of Federal assistance, with specific 

19 attention to impacts related to efforts within the 

20 Agency to address barriers to access and reducing 

21 disparate outcomes. 


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1 TITLE II—OPERATIONAL EN2 HANCEMENT TO IMPROVE 

3 EQUITY IN FEDERAL DIS4 ASTER MANAGEMENT 

5 SEC. 201. EQUITY ADVISOR. 

6 (a) IN GENERAL.—The Administrator shall designate 

7 a senior official within the Agency as an equity advisor 

8 to the Administrator to be responsible for advising the Ad9 ministrator on Agency efforts to ensure equity in the pro10 vision of Federal assistance and throughout all programs 

11 and policies of the Agency. 

12 (b) QUALIFICATIONS.—In designating an equity advi13 sor under subsection (a), the Administrator shall select an 

14 individual who is a qualified expert with significant experi15 ence with respect to equity policy, civil rights policy, or 

16 programmatic reforms. 

17 (c) DUTIES.—In addition to advising the Adminis18 trator, the equity advisor designated under subsection (a) 

19 shall— 

20 (1) participate in the implementation of sec21 tions 101 and 102; 

22 (2) monitor equity the implementation of equity 

23 efforts within the Agency and within Federal Emer24 gency Management Agency Regions to ensure con25 sistency in the implementation of policy or proVerDate Sep 11 2014 23:09 Sep 30, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5775.IH H5775

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1 grammatic changes intended to ensure equity in the 

2 provision of Federal assistance and throughout all 

3 programs and policies of the Agency; 

4 (3) identify ways to improve the policies and 

5 programs of the Agency to ensure that such policies 

6 and programs are equitable, including enhancing op7 portunities to support underserved populations in 

8 preparedness, mitigation, protection, response, and 

9 recovery; and 

10 (4) any other activities the Administrator con11 siders appropriate. 

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

13 under this section, the equity advisor shall, on an ongoing 

14 basis, consult with representatives of underserved commu15 nities, including communities directly impacted by disas16 ters, to evaluate opportunities and develop approaches to 

17 advancing equity within the Agency, including by increas18 ing coordination, communication, and engagement with— 

19 (1) community-based organizations; 

20 (2) civil rights organizations; 

21 (3) institutions of higher education; 

22 (4) research institutions; 

23 (5) academic organizations specializing in diver24 sity, equity, and inclusion issues; and 

25 (6) religious and faith-based organizations. 


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1 SEC. 202. EQUITY ENTERPRISE STEERING GROUP. 

2 (a) ESTABLISHMENT.—There is established in the 

3 Agency a steering group to advise the Administrator on 

4 how to ensure equity in the provision of Federal assistance 

5 and throughout all programs and policies of the Agency. 

6 (b) RESPONSIBILITIES.—In carrying out subsection 

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

8 shall— 

9 (1) review and, as appropriate, recommend 

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

11 and guidance; 

12 (2) support the development and implementa13 tion of the processes and criteria developed under 

14 title I; and 

15 (3) monitor the integration and establishment 

16 of metrics developed under section 103. 

17 (c) COMPOSITION.—The Administrator shall appoint 

18 the following individuals as members of the steering group 

19 established under subsection (a): 

20 (1) Representatives from each of the following 

21 offices of the Agency: 

22 (A) The Office of Equal Rights. 

23 (B) The Office of Response and Recovery. 

24 (C) FEMA Resilience. 

25 (D) The Office of Disability Integration 

26 and Coordination. 


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1 (E) The United States Fire Administra2 tion. 

3 (F) The mission support office of the 

4 Agency. 

5 (G) The Office of Chief Counsel. 

6 (H) The Office of the Chief Financial Offi7 cer. 

8 (I) The Office of Policy and Program 

9 Analysis. 

10 (J) The Office of External Affairs. 

11 (2) The administrator of each Regional Office, 

12 or his or her designee. 

13 (3) The equity advisor, as designated by the 

14 Administrator under section 201. 

15 (4) A representative from the Office for Civil 

16 Rights and Civil Liberties of the Department of 

17 Homeland Security. 

18 (5) The Superintendent of the Emergency Man19 agement Institute. 

20 (6) The National Tribal Affairs Advisor of the 

21 Federal Emergency Management Agency. 

22 (7) Any other official of the Agency the Admin23 istrator determines appropriate. 

24 (d) LEADERSHIP.—The Administrator shall des25 ignate one or more members of the steering group estabVerDate Sep 11 2014 23:09 Sep 30, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5775.IH H5775

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1 lished under subsection (a) to serve as chair of the steering 

2 group. 

3 SEC. 203. GAO REVIEW OF EQUITY REFORMS. 

4 Not later than three years after the date of enact5 ment of this Act, the Comptroller General of the United 

6 States shall issue a report to evaluate the implementation 

7 of this title and title I. 

8 TITLE III—GAO REVIEW OF FAC9 TORS TO DETERMINE ASSIST10 ANCE 

11 SEC. 301. GAO REVIEW OF FACTORS TO DETERMINE AS12 SISTANCE. 

13 (a) IN GENERAL.—Not later than one year after the 

14 date of enactment of this Act, the Comptroller General 

15 of the United States shall issue a report describing the 

16 factors the Agency considers when evaluating a request 

17 from a Governor to declare that a major disaster or emer18 gency exists and to authorize assistance under sections 

19 402, 403, 406, 407, 408, 428, and 502 of the Robert T. 

20 Stafford Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5170a et seq.). 

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

23 (a) shall include— 

24 (1) an assessment of— 


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1 (A) the degree to which the factors the 

2 Agency considers when evaluating a request for 

3 a major disaster or emergency declaration— 

4 (i) affect equity for underserved com5 munities, particularly with respect to 

6 major disaster and emergency declaration 

7 requests, approvals of such requests, and 

8 the authorization of assistance described in 

9 subsection (a); and 

10 (ii) are designed to deliver equitable 

11 outcomes; 

12 (B) how the Agency utilizes such factors or 

13 monitors whether such factors result in equi14 table outcomes; 

15 (C) the extent to which major disaster and 

16 emergency declaration requests, approvals of 

17 such requests, and the authorization of assist18 ance described in subsection (a), are more high19 ly correlated with high-income counties com20 pared to lower-income counties; 

21 (D) whether the process and administra22 tive steps for conducting preliminary damage 

23 assessments are equitable; and 

24 (E) to the extent practicable, whether such 

25 factors may deter a Governor from seeking a 


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1 major disaster or emergency declaration for po2 tentially eligible counties; and 

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

4 factors affect underserved communities— 

5 (A) of varying size; 

6 (B) with varying population density and 

7 demographic characteristics; 

8 (C) with limited emergency management 

9 staff and resources; and 

10 (D) located in urban or rural areas. 

11 (c) RECOMMENDATIONS.—The Comptroller General 

12 shall include in the report issued under subsection (a) any 

13 recommendations for changes to the factors the Agency 

14 considers when evaluating a request for a major disaster 

15 or emergency declaration to account for underserved com16 munities. 

Æ 


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