I 
117TH CONGRESS 
2D SESSION 
H. R. 7668 
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 permitting counties 
to seek emergency and major disaster declarations in certain cir-
cumstances, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2022 
Mr. THOMPSON of Mississippi (for himself and Mrs. DEMINGS) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Financial Serv-
ices, 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 poli-
cies and programs by authorizing an equity steering 
group and equity advisor within the Federal Emergency 
Management Agency, improving data collection to meas-
ure disparate outcomes and participation barriers, requir-
ing equity criteria to be applied to policies and programs, 
and permitting counties to seek emergency and major 
disaster declarations in certain circumstances, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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—SAFEGUARDS TO ENSURE EQUITY IN FEDERAL 
EMERGENCY MANAGEMENT AGENCY DISASTER PROGRAMS 
Sec. 301. Expanding access to declaration process. 
Sec. 302. Rulemaking and guidance. 
Sec. 303. GAO review of factors to determine assistance. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Emergency Management Agency. 
(2) AGENCY.—The term ‘‘Agency’’ means the 
Federal Emergency Management Agency. 
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(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 op-
portunity, and access for underserved communities 
and others, the elimination of barriers that have pre-
vented full participation for underserved commu-
nities, 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, including assistance provided pursu-
ant to sections 203, 205, 404, and 420 of the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act; and 
(B) section 1366 of the National Flood In-
surance Act of 1968 (42 U.S.C. 4104c). 
(7) MAJOR DISASTER.—The term ‘‘major dis-
aster’’ means a major disaster declared by the Presi-
dent under section 401 of the Robert T. Stafford 
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Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170). 
(8) UNDERSERVED
COMMUNITY.—The term 
‘‘underserved community’’ means— 
(A) the Native-American and Alaskan-Na-
tive community; 
(B) the African-American community; 
(C) the Asian community; 
(D) the Hispanic community (including in-
dividuals 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 commu-
nity; 
(K) other individuals or communities oth-
erwise adversely affected by persistent poverty 
or inequality; and 
(L) any other disadvantaged community, 
as determined by the Administrator. 
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TITLE I—ENSURING EQUITY IN 
FEDERAL DISASTER MANAGE-
MENT 
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 shall, in 
consultation with the Secretary of Housing and Urban De-
velopment and the Administrator of the Small Business 
Administration, develop and implement a process to en-
sure equity in the provision of Federal assistance and 
throughout all programs and policies of the Agency. 
(b) SPECIFIC AREAS FOR CONSULTATION.—In car-
rying out subsection (a), the Administrator shall identify 
requirements for ensuring the quality, consistency, acces-
sibility, 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 in-
formation challenges. 
(c) MODIFICATION
OF
DATA
COLLECTION
SYS-
TEMS.—The Administrator shall modify the data collec-
tion systems of the Agency based on the process developed 
under subsection (a) to ensure the quality, consistency, ac-
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cessibility, and availability of information needed to iden-
tify 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 de-
velop, 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 through-
out all programs and policies of the Agency. 
(b) CONSULTATION.—In developing and dissemi-
nating the criteria required under subsection (a), the Ad-
ministrator shall consult with— 
(1) the Office for Civil Rights and Civil Lib-
erties 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 fu-
ture processes related to the provision of Federal as-
sistance. 
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(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. Staf-
ford 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 assist-
ance under section 203 of such Act (42 U.S.C. 
5133). 
SEC. 103. METRICS; REPORT. 
(a) METRICS.—In carrying out this title, the Admin-
istrator shall— 
(1) establish metrics to measure the efficacy of 
the process developed under section 101 and the cri-
teria developed under section 102; and 
(2) seek input from relevant representatives of 
State, regional, local, and Tribal governments, rep-
resentatives of community-based organizations, sub-
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ject matter experts, and individuals from under-
served communities impacted by disasters. 
(b) REPORT.—Not later than 1 year after the dis-
semination of the criteria under section 102(a), and annu-
ally thereafter, the Administrator shall submit to Congress 
a report describing how the criteria and processes devel-
oped under this title have impacted efforts to ensure eq-
uity in the provision of Federal assistance and throughout 
all programs and policies of the Agency, including— 
(1) any obstacles identified or areas for im-
provement with respect to implementation of such 
criteria and processes, including any recommended 
legislative changes; 
(2) the effectiveness of such criteria and proc-
esses, 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. 
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TITLE 
II—OPERATIONAL 
EN-
HANCEMENT 
TO 
IMPROVE 
EQUITY 
IN 
FEDERAL 
DIS-
ASTER 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 Ad-
ministrator on Agency efforts to ensure equity in the pro-
vision of Federal assistance and throughout all programs 
and policies of the Agency. 
(b) QUALIFICATIONS.—In designating an equity advi-
sor under subsection (a), the Administrator shall select an 
individual who is a qualified expert with significant experi-
ence with respect to equity policy or programmatic re-
forms. 
(c) DUTIES.—In addition to advising the Adminis-
trator, the equity advisor designated under subsection (a) 
shall— 
(1) participate in the implementation of sec-
tions 101 and 102; 
(2) monitor equity the implementation of equity 
efforts within the Agency and within Federal Emer-
gency Management Agency Regions to ensure con-
sistency in the implementation of policy or pro-
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grammatic 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— 
(A) recommending opportunities to en-
hance language access; 
(B) recruiting, hiring, retaining, and pro-
moting diverse candidates at all levels of Agen-
cy operations; and 
(C) enhancing opportunities to support un-
derserved populations in preparedness, mitiga-
tion, protection, response, and recovery; and 
(4) any other activities the Administrator con-
siders appropriate. 
(d) CONSULTATION.—In carrying out the duties 
under this section, the equity advisor shall, on an ongoing 
basis, consult with representatives of underserved commu-
nities, including communities directly impacted by disas-
ters, to evaluate opportunities and develop approaches to 
advancing equity within the Agency, including by increas-
ing coordination, communication, and engagement with— 
(1) community-based organizations; 
(2) civil rights organizations; 
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(3) institutions of higher education; 
(4) research institutions; and 
(5) academic organizations specializing in diver-
sity, equity, and inclusion issues. 
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 implementa-
tion 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: 
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(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 Administra-
tion. 
(F) The mission support office of the 
Agency. 
(G) The Office of Chief Counsel. 
(H) The Office of the Chief Financial Offi-
cer. 
(I) The Office of Policy and Program 
Analysis. 
(2) The administrator of each Regional Office, 
or his or her designee. 
(3) A representative from the National Advisory 
Council. 
(4) The equity advisor, as designated by the 
Administrator under section 201. 
(5) A representative from the Office for Civil 
Rights and Civil Liberties of the Department of 
Homeland Security. 
(6) The Superintendent of the Emergency Man-
agement Institute. 
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(7) The National Tribal Affairs Advisor of the 
Federal Emergency Management Agency. 
(8) Any other official of the Agency the Admin-
istrator determines appropriate. 
(d) LEADERSHIP.—The Administrator shall des-
ignate 1 or more members of the steering group estab-
lished under subsection (a) to serve as chair of the steering 
group. 
SEC. 203. GAO 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—SAFEGUARDS TO EN-
SURE EQUITY IN FEDERAL 
EMERGENCY 
MANAGEMENT 
AGENCY 
DISASTER 
PRO-
GRAMS 
SEC. 301. EXPANDING ACCESS TO DECLARATION PROCESS. 
(a) MAJOR DISASTER.—Section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170) is amended by adding at the end the 
following: 
‘‘(d) COUNTY REQUESTS.— 
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is located may request such a declaration has 
lapsed; or 
‘‘(B) the Governor of the State or territory 
in which such county is located has commu-
nicated to the chief executive officer of the 
county that the Governor will not seek such a 
declaration from the President. 
‘‘(3) REFERENCES.—In implementing assist-
ance authorized by the President under this Act in 
response to a request from the chief executive officer 
of an affected county for a major disaster declara-
tion, any reference in this title or title III to a State 
or the Governor of a State is deemed to refer to an 
affected county or the chief executive officer of an 
affected county, as appropriate. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall prohibit a county from receiving 
assistance under this title through a declaration 
made by the President at the request of a State 
under subsection (a) if the President does not make 
a declaration under this subsection for the same in-
cident. 
‘‘(5) DEFINITION OF COUNTY.— 
‘‘(A) IN GENERAL.—In this subsection, the 
term ‘county’ means a county, parrish, or 
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equivalent subdivision of a State or Territory of 
the United States that is a unit of general local 
government. 
‘‘(B) EXCEPTION.—In the event a county 
is located in a State where 1 or more counties 
are not units of general local government, the 
term ‘county’ includes the largest city, town, or 
unit of general local government by population 
in an area affected by a major disaster on be-
half of all affected cities, towns, and other local 
units of general local government.’’. 
(b) EMERGENCY.—Section 501 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5191) is amended by adding at the end the fol-
lowing: 
‘‘(d) COUNTY REQUESTS.— 
‘‘(1) IN GENERAL.—The chief executive officer 
of an affected county may submit a request for a 
declaration by the President that an emergency ex-
ists consistent with the requirements of subsection 
(a) under the following circumstances: 
‘‘(A) The Governor of the State or terri-
tory in which the affected county is located does 
not request such a declaration. 
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‘‘(B) The affected county is not included in 
a request for assistance made by the Governor 
of the State or territory in which such county 
is located. 
‘‘(C) The affected county communicates 
with the Governor of the State or territory in 
which the affected county is located about the 
emergency or potential request for an emer-
gency declaration before the period described in 
paragraph (2)(A) has lapsed. 
‘‘(2) LIMITATION.—The chief executive officer 
of an affected county may not submit a request for 
a declaration by the President that an emergency ex-
ists until— 
‘‘(A) the period during which the Governor 
of the State or territory in which such county 
is located may request such a declaration has 
lapsed; or 
‘‘(B) the Governor of the State or territory 
in which such county is located has commu-
nicated to the chief executive officer of the 
county that the Governor will not seek such a 
declaration from the President. 
‘‘(3) REFERENCES.—In implementing assist-
ance authorized by the President under this Act in 
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response to a request of the chief executive officer 
of an affected county for an emergency declaration, 
any reference in this title or title III to a State or 
the Governor of a State is deemed to refer to an af-
fected county or the chief executive officer of an af-
fected county, as appropriate. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall prohibit a county from receiving 
assistance under this title through a declaration 
made by the President at the request of a State 
under subsection (a) if the President does not make 
a declaration under this subsection for the same in-
cident. 
‘‘(5) DEFINITION OF COUNTY.— 
‘‘(A) IN GENERAL.—In this subsection, the 
term ‘county’ means a county, parrish, or 
equivalent subdivision of a State or Territory of 
the United States that is a unit of general local 
government. 
‘‘(B) EXCEPTION.—In the event a county 
is located in a State where 1 or more counties 
are not units of general local government, the 
term ‘county’ includes the largest city, town, or 
unit of general local government by population 
in an area affected by an emergency on behalf 
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of all affected cities, towns, and other units of 
general local government.’’. 
SEC. 302. RULEMAKING AND GUIDANCE. 
(a) RULEMAKING.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall issue such regulations, after providing public 
notice and opportunity for comment, as are nec-
essary to establish a process to implement the 
amendments made by section 302. 
(2) 
CONTENTS.—The 
regulations 
required 
under paragraph (1) shall include— 
(A) a process by which the chief executive 
officer of a county may— 
(i) submit a request for the Adminis-
trator to recommend that the President 
make a major disaster or emergency dec-
laration for such county; and 
(ii) upon approval of such request, di-
rectly receive any assistance provided pur-
suant to such request; 
(B) in addition to the eligibility factors de-
scribed under section 206.48 of title 44, Code 
of Federal Regulations, eligibility criteria for 
the approval of a request from a county for a 
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major disaster or emergency declaration that 
gives consideration to— 
(i) poverty rates within such county; 
(ii) the economy within such county, 
including the economy of the area within 
such county that is impacted by the dis-
aster or emergency; 
(iii) relevant social vulnerability in-
dexes for residents of such county; 
(iv) the rate of unemployment before 
the disaster or emergency within such 
county; 
(v) underserved communities within 
such county; 
(vi) the fiscal condition of the unit of 
government with jurisdiction over such 
county; 
(vii) the degree to which a significant 
proportion of residents of such county re-
ceived Federal benefits during the year 
preceding the disaster or emergency, in-
cluding— 
(I) benefits provided under the 
Medicaid program under title XIX of 
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the Social Security Act (42 U.S.C. 
1396 et seq.); 
(II) benefits provided under the 
supplemental nutrition assistance pro-
gram established under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.); 
(III) benefits provided under the 
program of block grants to States for 
temporary assistance for needy fami-
lies established under part A of title 
IV of the Social Security Act (42 
U.S.C. 601 et seq.); and 
(IV) any other Federal benefits 
the Administrator determines is ap-
propriate; and 
(viii) the impact of other recent disas-
ters and emergencies on residents within 
such county; 
(C) eligibility criteria for contiguous coun-
ties located within the same State or territory 
to seek Federal disaster assistance together; 
and 
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(D) timelines for a chief executive officer 
of a county to submit such request and oppor-
tunities to seek extensions, where appropriate. 
(b) GUIDANCE.—Upon issuing a final regulation pur-
suant to subsection (a), the Administrator shall issue 
guidance regarding such regulation, including publicizing 
and providing guidance directly to counties about the proc-
ess by which the chief executive officer of a county may 
submit a request for the declaration of a major disaster 
or emergency. 
SEC. 303. GAO REVIEW OF FACTORS TO DETERMINE AS-
SISTANCE. 
(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 describing the 
factors the Agency considers when evaluating a request 
from a Governor to declare that a major disaster or emer-
gency 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— 
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(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 com-
munities, 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 equi-
table outcomes; 
(C) the extent to which major disaster and 
emergency declaration requests, approvals of 
such requests, and the authorization of assist-
ance described in subsection (a), are more high-
ly correlated with high-income counties com-
pared to lower-income counties; 
(D) whether the process and administra-
tive steps for conducting preliminary damage 
assessments are equitable; and 
(E) to the extent practicable, whether such 
factors may deter a Governor from seeking a 
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major disaster or emergency declaration for po-
tentially 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 com-
munities. 
Æ 
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