FEMA Equity Act
Bill: S.4159 | Sponsor: Sen. Warren, Elizabeth (D-MA)
Policy area: Emergency Management

Summary:
Federal Emergency Management Advancement of Equity Act or the FEMA Equity Act
This bill addresses equity in federal disaster assistance policies and programs. It allows, in some instances, counties to request disaster declarations.
The Federal Emergency Management Agency (FEMA) must develop and implement a process to ensure equity in the provision of federal assistance and throughout all FEMA programs and policies. Additionally, FEMA must establish metrics to measure the efficacy of the process and seek input from relevant representatives of state, regional, local, and tribal governments; community-based organizations; subject matter experts; and individuals from underserved communities impacted by disasters.
FEMA must designate a senior official as an equity advisor. The bill establishes in FEMA an Equity Enterprise Steering Group.
The chief executive officer of an affected county may submit a request for a presidential declaration that a major disaster exists if (1) the governor of the state or territory in which the county is located does not request such a declaration, (2) the affected county is not included in a request for assistance made by such governor, or (3) the affected county communicates with that governor about the disaster or potential request for a major disaster declaration before the relevant period has lapsed.
The Government Accountability Office shall issue a report describing the factors that FEMA considers when evaluating a request from a governor to declare that a major disaster or emergency exists and to authorize specified assistance.

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 circumstances, 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--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. 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, 
                including assistance provided pursuant to sections 203, 
                205, 404, and 420 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5133, 
                5135, 5170c, 5187); and
                    (B) 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 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 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--
                    (A) recommending opportunities to enhance language 
                access;
                    (B) recruiting, hiring, retaining, and promoting 
                diverse candidates at all levels of Agency operations; 
                and
                    (C) 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; and
            (5) academic organizations specializing in diversity, 
        equity, and inclusion issues.

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.
            (2) The administrator of each regional office of the Agency 
        or a designee.
            (3) A representative from the National Advisory Council.
            (4) The equity advisor designated by the Administrator 
        under section 201(a)(1).
            (5) A representative from the Office for Civil Rights and 
        Civil Liberties of the Department of Homeland Security.
            (6) The Superintendent of the Emergency Management 
        Institute.
            (7) The National Tribal Affairs Advisor of the Agency.
            (8) 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--SAFEGUARDS TO ENSURE EQUITY IN FEDERAL EMERGENCY MANAGEMENT 
                        AGENCY DISASTER PROGRAMS

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--
            (1) in subsection (a), by striking ``All requests'' and 
        inserting ``Subject to subsection (d), all requests''; and
            (2) by adding at the end the following:
    ``(d) County Requests.--
            ``(1) County defined.--In this subsection, the term 
        `county'--
                    ``(A) means a county, parish, or equivalent 
                subdivision of a State or territory of the United 
                States that is a unit of general local government; and
                    ``(B) in the event a county is located in a State 
                where 1 or more counties are not units of general local 
                government, includes the largest city, town, or unit of 
                general local government by population in an area 
                affected by a major disaster on behalf of all affected 
                cities, towns, and other local units of general local 
                government.
            ``(2) Request.--The chief executive officer of an affected 
        county may submit a request for a declaration by the President 
        that a major disaster exists consistent with the requirements 
        of subsection (a) under the following circumstances:
                    ``(A) The Governor of the State or territory in 
                which the affected county is located does not request 
                such a declaration under subsection (a).
                    ``(B) The affected county is not included in a 
                request for assistance made under subsection (a) 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 disaster or 
                potential request for a major disaster declaration 
                before the period described in paragraph (3)(A) has 
                lapsed.
            ``(3) Limitation.--The chief executive officer of an 
        affected county may not submit a request for a declaration by 
        the President that a major disaster exists under paragraph (2) 
        until--
                    ``(A) the period during which the Governor of the 
                State or territory in which such county is located may 
                request such a declaration under subsection (a) has 
                lapsed; or
                    ``(B) the Governor of the State or territory in 
                which such county is located has communicated to the 
                chief executive officer of the county that the Governor 
                will not seek such a declaration from the President.
            ``(4) References.--In implementing assistance 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 declaration under this subsection, 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.
            ``(5) 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 
        incident.''.
    (b) Emergency.--Section 501 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended--
            (1) in subsection (a), by striking ``All requests'' and 
        inserting ``Subject to subsection (d), all requests''; and
            (2) by adding at the end the following:
    ``(d) County Requests.--
            ``(1) County defined.--In this subsection, the term 
        `county' has the meaning given the term in section 401(d).
            ``(2) Request.--The chief executive officer of an affected 
        county may submit a request for a declaration by the President 
        that an emergency exists consistent with the requirements of 
        subsection (a) under the following circumstances:
                    ``(A) The Governor of the State or territory in 
                which the affected county is located does not request 
                such a declaration under subsection (a).
                    ``(B) The affected county is not included in a 
                request for assistance made under subsection (a) 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 disaster or 
                potential request for a major disaster declaration 
                before the period described in paragraph (3)(A) has 
                lapsed.
            ``(3) Limitation.--The chief executive officer of an 
        affected county may not submit a request for a declaration by 
        the President that an emergency exists under paragraph (2) 
        until--
                    ``(A) the period during which the Governor of the 
                State or territory in which such county is located may 
                request such a declaration under subsection (a) has 
                lapsed; or
                    ``(B) the Governor of the State or territory in 
                which such county is located has communicated to the 
                chief executive officer of the county that the Governor 
                will not seek such a declaration from the President.
            ``(4) References.--In implementing assistance authorized by 
        the President under this Act in response to a request of the 
        chief executive officer of an affected county for an emergency 
        declaration under this subsection, 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.
            ``(5) 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 
        incident.''.

SEC. 302. RULEMAKING AND GUIDANCE.

    (a) Rulemaking.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and after providing public notice and 
        opportunity for comment, the Administrator shall issue 
        regulations necessary 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 Administrator 
                        to recommend that the President make a major 
                        disaster or emergency declaration for such 
                        county; and
                            (ii) upon approval of such request, 
                        directly receive any assistance provided 
                        pursuant to such request;
                    (B) in addition to the eligibility factors 
                described under section 206.48 of title 44, Code of 
                Federal Regulations, eligibility criteria for the 
                approval of a request from a county for a 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 disaster or 
                        emergency;
                            (iii) relevant social vulnerability indexes 
                        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 received 
                        Federal benefits during the year preceding the 
                        disaster or emergency, including--
                                    (I) benefits provided under the 
                                Medicaid program under title XIX of the 
                                Social Security Act (42 U.S.C. 1396 et 
                                seq.);
                                    (II) benefits provided under the 
                                supplemental nutrition assistance 
                                program 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 families 
                                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 appropriate; 
                                and
                            (viii) the impact of other recent disasters 
                        and emergencies on residents within such 
                        county;
                    (C) eligibility criteria for contiguous counties 
                located within the same State or territory to seek 
                Federal disaster assistance together; and
                    (D) timelines for a chief executive officer of a 
                county to submit such request and opportunities to seek 
                extensions, where appropriate.
    (b) Guidance.--Upon issuing a final regulation pursuant to 
subsection (a), the Administrator shall issue guidance relating to such 
regulation, including publicizing and providing guidance directly to 
counties about the process by which the chief executive officer of a 
county may submit a request for the declaration of a major disaster or 
emergency.

SEC. 303. 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 describing 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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