Federal Emergency Management Advancement of Equity Act or the FEMA Equity Act
This bill addresses equity in federal disaster assistance policies and programs.
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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7668 Introduced in House (IH)]
<DOC>
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 circumstances, 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 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
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. 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 ``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) Equity.--The term ``equity'' means the guarantee of
fair treatment, advancement, equal opportunity, and access for
underserved communities and others, the elimination of barriers
that have prevented full participation for underserved
communities, 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 pursuant to sections 203,
205, 404, and 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; 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 shall, in consultation with the
Secretary of Housing and Urban Development and the Administrator of the
Small Business Administration, 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
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 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 needed 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 Office for Civil Rights and Civil Liberties 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 future processes related to
the provision of Federal assistance.
(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. Stafford 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 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 and the criteria developed
under section 102; 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); 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.
TITLE II--OPERATIONAL ENHANCEMENT TO IMPROVE EQUITY IN FEDERAL DISASTER
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 Administrator on Agency efforts 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), 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) shall--
(1) participate in the implementation of sections 101 and
102;
(2) monitor equity the implementation of equity efforts
within the Agency and within Federal Emergency Management
Agency Regions 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 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 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 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) FEMA 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, 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 Management
Institute.
(7) The National Tribal Affairs Advisor of the Federal
Emergency Management 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. 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 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 by
adding at the end the following:
``(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 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.
``(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 disaster or
potential request for a major disaster 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 a major disaster exists 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 communicated to the
chief executive officer of the county that the Governor
will not seek such a declaration from the President.
``(3) 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, 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
incident.
``(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 a major
disaster on behalf of all affected cities, towns, and
other local units of general local government.''.
(b) Emergency.--Section 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by
adding at the end the following:
``(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 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.
``(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 emergency 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 exists 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 communicated to the
chief executive officer of the county that the Governor
will not seek such a declaration from the President.
``(3) 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, 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
incident.
``(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 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 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 is
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 regarding 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. GAO 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 describing the factors the Agency considers when evaluating a
request from a Governor to declare that a major disaster or emergency
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--
(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); and
(ii) are designed to deliver equitable
outcomes;
(B) how the Agency utilizes 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), 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 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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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