S. 4159 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4159 IN THE SENATE OF THE UNITED STATES May 5, 2022Ms. Warren (for herself, Mr. Booker, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure greater equity in Federal disaster assistance policies and programs by authorizing an equity steering group and equity advisor within the Federal Emergency Management Agency, improving data collection to measure disparate outcomes and participation barriers, 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. 1. Short title This Act may be cited as the Federal Emergency Management Advancement of Equity Act or the FEMA Equity Act. 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 managementSec. 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 managementSec. 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 programsSec. 301. Expanding access to declaration process.Sec. 302. Rulemaking and guidance.Sec. 303. Government Accountability Office review of factors to determine assistance. 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. I Ensuring equity in Federal disaster management 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. 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). 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. II Operational enhancement to improve equity in Federal disaster management 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. 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. 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. III Safeguards to ensure equity in Federal Emergency Management Agency disaster programs 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. . 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. 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.