,,ii #aagth ,,congress #b;d ,session ,s4 #daei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #e1 #bjbb,ms4 ,warren 7for herself1 ,mr4 ,booker1 and ,ms4 ,duckworth7 introduced the following bill2 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 ,agency1 improving data collection to measure disparate outcomes and participation barriers1 requiring equity criteria to be applied to policies and programs1 and permitting counties to seek emergency and major disaster declarations in certain circumstances1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,emergency ,management ,advancement of ,equity ,act or the ,,fema ,equity ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,,title ,i--,ensuring equity in ,federal disaster management,sec4 #aja4 ,data collection1 analysis1 and criteria4,sec4 #ajb4 ,criteria for ensuring equity in policies and programs4,sec4 #ajc4 ,metrics2 report4,,title ,,ii--,operational enhancement to improve equity in ,federal disaster management,sec4 #bja4 ,equity advisor4,sec4 #bjb4 ,equity enterprise steering group4,sec4 #bjc4 ,government ,accountability ,office review of equity reforms4,,title ,,iii--,safeguards to ensure equity in ,federal ,emergency ,management ,agency disaster programs,sec4 #cja4 ,expanding access to declaration process4,sec4 #cjb4 ,rulemaking and guidance4,sec4 #cjc4 ,government ,accountability ,office review of factors to determine assistance4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,agency ,the term ,agency means the ,federal ,emergency ,management ,agency4 7#c7 ,emergency ,the term emergency means an emergency declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia74 7#d7 ,equitable ,the term equitable means having or exhibiting equity4 7#e7 ,equity ,the term equity means-- 7,a7 the guarantee of fair treatment1 advancement1 equal opportunity1 access for underserved communities and other individuals2 7,b7 the elimination of barriers that have prevented full participation for underserved communities2 and 7,c7 the reduction of disparate outcomes4 7#f7 ,federal assistance ,the term ,federal assistance means assistance provided pursuant to-- 7,a7 a declaration of a major disaster or emergency1 including assistance provided pursuant to sections #bjc1 #bje1 #djd1 and #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc1 #eace1 #eagj;c1 #eahg72 and 7,b7 section #acff of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c74 7#g7 ,major disaster ,the term major disaster means a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj74 7#h7 ,underserved community ,the term underserved community means-- 7,a7 the ,native-,american and ,alaskan-,native community2 7,b7 the ,african-,american community2 7,c7 the ,asian community2 7,d7 the ,hispanic community 7including individuals of ,mexican1 ,puerto ,rican1 ,cuban1 and ,central or ,south ,american origin72 7,e7 the ,pacific ,islander community2 7,f7 the ,middle ,eastern and ,north ,african community2 7,g7 a rural community2 7,h7 a low-income community2 7,i7 individuals with disabilities2 7,j7 a limited ,english proficiency community2 7,k7 other individuals or communities otherwise adversely affected by persistent poverty or inequality2 and 7,l7 any other disadvantaged community1 as determined by the ,administrator4 ,i ,ensuring equity in ,federal disaster management #aja4 ,data collection1 analysis1 and criteria 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary of ,housing and ,urban ,development and the ,administrator of the ,small ,business ,administration1 shall develop and implement a process to ensure equity in the provision of ,federal assistance and throughout all programs and policies of the ,agency4 7b7 ,specific areas for consultation ,in carrying out subsection 7a71 the ,administrator shall identify requirements for ensuring the quality1 consistency1 accessibility1 and availability of information necessary to identify programs and policies of the ,agency that may not support the provision of equitable ,federal assistance1 including-- 7#a7 information requirements2 7#b7 data sources and collection methods2 and 7#c7 strategies for overcoming data or other information challenges4 7c7 ,modification of data collection systems ,the ,administrator shall modify the data collection systems of the ,agency based on the process developed under subsection 7a7 to ensure the quality1 consistency1 accessibility1 and availability of information necessary to identify any programs and policies of the ,agency that may not support the provision of equitable ,federal assistance4 #ajb4 ,criteria for ensuring equity in policies and programs 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall develop1 disseminate1 and update1 as appropriate1 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 ,agency4 7b7 ,consultation ,in developing and disseminating the criteria required under subsection 7a71 the ,administrator shall consult with-- 7#a7 the ,officer for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security2 7#b7 the ,secretary of ,housing and ,urban ,development2 and 7#c7 the ,administrator of the ,small ,business ,administration4 7c7 ,integration of criteria 7#a7 ,in general ,to the maximum extent possible1 the ,administrator shall integrate the criteria developed under subsection 7a7 into existing and future processes relating to the provision of ,federal assistance4 7#b7 ,priority ,the ,administrator shall prioritize integrating the criteria under paragraph 7#a7 into processes relating to the provision of-- 7,a7 assistance under sections #djb1 #djc1 #djf1 #djg1 #dbh1 and #ejb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;a1 #eagj;b1 #eagb1 #eagc1 #eahi;f1 #eaic72 7,b7 ,federal assistance to individuals and households under section #djh of such ,act 7#db ,u4,s4,c4 #eagd72 7,c7 hazard mitigation assistance under section #djd of such ,act 7#db ,u4,s4,c4 #eagj;c72 and 7,d7 predisaster hazard mitigation assistance under section #bjc of such ,act 7#db ,u4,s4,c4 #eacc74 #ajc4 ,metrics2 report 7a7 ,metrics ,in carrying out this title1 the ,administrator shall-- 7#a7 establish metrics to measure the efficacy of the process developed under section #aja7;a7 and the criteria developed under section #ajb7;a72 and 7#b7 seek input from relevant representatives of ,state1 regional1 local1 and ,tribal governments1 representatives of community-based organizations1 subject matter experts1 and individuals from underserved communities impacted by disasters4 7b7 ,report ,not later than #a year after the dissemination of the criteria under section #ajb7;a71 and annually thereafter1 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 ,agency1 including-- 7#a7 any obstacles identified or areas for improvement1 with respect to implementation of such criteria and processes1 including any recommended legislative changes2 7#b7 the effectiveness of such criteria and processes1 as measured by the metrics established under subsection 7a77#a72 and 7#c7 any impacts of such criteria and processes on the provision of ,federal assistance1 with specific attention to impacts relating to efforts within the ,agency to address barriers to access and reduce disparate outcomes4 ,,ii ,operational enhancement to improve equity in ,federal disaster management #bja4 ,equity advisor 7a7 ,in general 7#a7 ,designation ,the ,administrator shall designate a senior official within the ,agency as an equity advisor to the ,administrator4 7#b7 ,responsibilities ,the equity advisory designated under paragraph 7#a7 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 ,agency4 7b7 ,qualifications ,in designating an equity advisor under subsection 7a77#a71 the ,administrator shall select an individual who is a qualified expert with significant experience with respect to equity policy or programmatic reforms4 7c7 ,duties ,in addition to advising the ,administrator1 the equity advisor designated under subsection 7a77#a7 shall-- 7#a7 participate in the implementation of sections #aja and #ajb2 7#b7 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 ,agency2 7#c7 identify ways to improve the policies and programs of the ,agency to ensure that such policies and programs are equitable1 including-- 7,a7 recommending opportunities to enhance language access2 7,b7 recruiting1 hiring1 retaining1 and promoting diverse candidates at all levels of ,agency operations2 and 7,c7 enhancing opportunities to support underserved populations in preparedness1 mitigation1 protection1 response1 and recovery2 and 7#d7 any other activities the ,administrator considers appropriate4 7d7 ,consultation ,in carrying out the duties under this section1 the equity advisor designate under subsection 7a77#a7 shall1 on an ongoing basis1 consult with representatives of underserved communities1 including communities directly impacted by disasters1 to evaluate opportunities and develop approaches to advancing equity within the ,agency1 including by increasing coordination1 communication1 and engagement with-- 7#a7 community-based organizations2 7#b7 civil rights organizations2 7#c7 institutions of higher education2 7#d7 research institutions2 and 7#e7 academic organizations specializing in diversity1 equity1 and inclusion issues4 #bjb4 ,equity enterprise steering group 7a7 ,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 ,agency4 7b7 ,responsibilities ,in carrying out subsection 7a71 the steering group established under this section shall-- 7#a7 review and1 as appropriate1 recommend changes to ,agency-wide policies1 procedures1 plans1 and guidance2 7#b7 support the development and implementation of the processes and criteria developed under title ,i2 and 7#c7 monitor the integration and establishment of metrics developed under section #ajc4 7c7 ,composition ,the ,administrator shall appoint the following individuals as members of the steering group established under subsection 7a73 7#a7 ,representatives from each of the following offices of the ,agency3 7,a7 ,the ,office of ,equal ,rights4 7,b7 ,the ,office of ,response and ,recovery4 7,c7 ,federal ,emergency ,management ,agency ,resilience4 7,d7 ,the ,office of ,disability ,integration and ,coordination4 7,e7 ,the ,united ,states ,fire ,administration4 7,f7 ,the mission support office of the ,agency4 7,g7 ,the ,office of ,chief ,counsel4 7,h7 ,the ,office of the ,chief ,financial ,officer4 7,i7 ,the ,office of ,policy and ,program ,analysis4 7#b7 ,the administrator of each regional office of the ,agency or a designee4 7#c7 ,a representative from the ,national ,advisory ,council4 7#d7 ,the equity advisor designated by the ,administrator under section #bja7;a77#a74 7#e7 ,a representative from the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security4 7#f7 ,the ,superintendent of the ,emergency ,management ,institute4 7#g7 ,the ,national ,tribal ,affairs ,advisor of the ,agency4 7#h7 ,any other official of the ,agency the ,administrator determines appropriate4 7d7 ,leadership ,the ,administrator shall designate #a or more members of the steering group established under subsection 7a7 to serve as chair of the steering group4 #bjc4 ,government ,accountability ,office review of equity reforms ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall issue a report to evaluate the implementation of this title and title ,i4 ,,iii ,safeguards to ensure equity in ,federal ,emergency ,management ,agency disaster programs #cja4 ,expanding access to declaration process 7a7 ,major disaster ,section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 is amended-- 7#a7 in subsection 7a71 by striking ,all requests and inserting ,subject to subsection 7d71 all requests2 and 7#b7 by adding at the end the following3 7d7 ,county requests 7#a7 ,county defined ,in this subsection1 the term county-- 7,a7 means a county1 parish1 or equivalent subdivision of a ,state or territory of the ,united ,states that is a unit of general local government2 and 7,b7 in the event a county is located in a ,state where #a or more counties are not units of general local government1 includes the largest city1 town1 or unit of general local government by population in an area affected by a major disaster on behalf of all affected cities1 towns1 and other local units of general local government4 7#b7 ,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 7a7 under the following circumstances3 7,a7 ,the ,governor of the ,state or territory in which the affected county is located does not request such a declaration under subsection 7a74 7,b7 ,the affected county is not included in a request for assistance made under subsection 7a7 by the ,governor of the ,state or territory in which such county is located4 7,c7 ,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 7#c77;,a7 has lapsed4 7#c7 ,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 7#b7 until-- 7,a7 the period during which the ,governor of the ,state or territory in which such county is located may request such a declaration under subsection 7a7 has lapsed2 or 7,b7 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 ,president4 7#d7 ,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 subsection1 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 county1 as appropriate4 7#e7 ,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 7a7 if the ,president does not make a declaration under this subsection for the same incident4 4 7b7 ,emergency ,section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7 is amended-- 7#a7 in subsection 7a71 by striking ,all requests and inserting ,subject to subsection 7d71 all requests2 and 7#b7 by adding at the end the following3 7d7 ,county requests 7#a7 ,county defined ,in this subsection1 the term county has the meaning given the term in section #dja7;d74 7#b7 ,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 7a7 under the following circumstances3 7,a7 ,the ,governor of the ,state or territory in which the affected county is located does not request such a declaration under subsection 7a74 7,b7 ,the affected county is not included in a request for assistance made under subsection 7a7 by the ,governor of the ,state or territory in which such county is located4 7,c7 ,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 7#c77;,a7 has lapsed4 7#c7 ,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 7#b7 until-- 7,a7 the period during which the ,governor of the ,state or territory in which such county is located may request such a declaration under subsection 7a7 has lapsed2 or 7,b7 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 ,president4 7#d7 ,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 subsection1 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 county1 as appropriate4 7#e7 ,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 7a7 if the ,president does not make a declaration under this subsection for the same incident4 4 #cjb4 ,rulemaking and guidance 7a7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act and after providing public notice and opportunity for comment1 the ,administrator shall issue regulations necessary to establish a process to implement the amendments made by section #cjb4 7#b7 ,contents ,the regulations required under paragraph 7#a7 shall include-- 7,a7 a process by which the chief executive officer of a county may-- 7i7 submit a request for the ,administrator to recommend that the ,president make a major disaster or emergency declaration for such county2 and 7ii7 upon approval of such request1 directly receive any assistance provided pursuant to such request2 7,b7 in addition to the eligibility factors described under section #bjf4dh of title #dd1 ,code of ,federal ,regulations1 eligibility criteria for the approval of a request from a county for a major disaster or emergency declaration that gives consideration to-- 7i7 poverty rates within such county2 7ii7 the economy within such county1 including the economy of the area within such county that is impacted by the disaster or emergency2 7iii7 relevant social vulnerability indexes for residents of such county2 7iv7 the rate of unemployment before the disaster or emergency within such county2 7v7 underserved communities within such county2 7vi7 the fiscal condition of the unit of government with jurisdiction over such county2 7vii7 the degree to which a significant proportion of residents of such county received ,federal benefits during the year preceding the disaster or emergency1 including-- 7,i7 benefits provided under the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7,,ii7 benefits provided under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7,,iii7 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 7#db ,u4,s4,c4 #fja et seq472 and 7,,iv7 any other ,federal benefits the ,administrator determines appropriate2 and 7viii7 the impact of other recent disasters and emergencies on residents within such county2 7,c7 eligibility criteria for contiguous counties located within the same ,state or territory to seek ,federal disaster assistance together2 and 7,d7 timelines for a chief executive officer of a county to submit such request and opportunities to seek extensions1 where appropriate4 7b7 ,guidance ,upon issuing a final regulation pursuant to subsection 7a71 the ,administrator shall issue guidance relating to such regulation1 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 emergency4 #cjc4 ,government ,accountability ,office review of factors to determine assistance 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall issue a report that describing the factors the ,agency considers-- 7#a7 when evaluating a request from a ,governor to declare that a major disaster or emergency exists2 and 7#b7 to authorize assistance under sections #djb1 #djc1 #djf1 #djg1 #djh1 #dbh1 and #ejb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;a1 #eagj;b1 #eagj;c1 #eagb1 #eagc1 #eahi;f1 #eaic74 7b7 ,contents ,the report issued under subsection 7a7 shall include-- 7#a7 an assessment of-- 7,a7 the degree to which the factors the ,agency considers when evaluating a request for a major disaster or emergency declaration-- 7i7 affect equity for underserved communities1 particularly with respect to major disaster and emergency declaration requests1 approvals of such requests1 and the authorization of assistance described in subsection 7a77#b72 and 7ii7 are designed to deliver equitable outcomes2 7,b7 how the ,agency uses such factors or monitors whether such factors result in equitable outcomes2 7,c7 the extent to which major disaster and emergency declaration requests1 approvals of such requests1 and the authorization of assistance described in subsection 7a77#b71 are more highly correlated with high-income counties compared to lower-income counties2 7,d7 whether the process and administrative steps for conducting preliminary damage assessments are equitable2 and 7,e7 to the extent practicable1 whether such factors may deter a ,governor from seeking a major disaster or emergency declaration for potentially eligible counties2 and 7#b7 a consideration of the extent to which such factors affect underserved communities-- 7,a7 of varying size2 7,b7 with varying population density and demographic characteristics2 7,c7 with limited emergency management staff and resources2 and 7,d7 located in urban or rural areas4 7c7 ,recommendations ,the ,comptroller ,general of the ,united ,states shall include in the report issued under subsection 7a7 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 communities4