[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5696-S5698]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6163. Ms. WARREN (for herself, Mr. Booker, and Ms. Duckworth) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department

[[Page S5697]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     TITLE ___--FEDERAL EMERGENCY MANAGEMENT ADVANCEMENT OF EQUITY

     SEC. __01. DEFINITIONS.

       In this title:
       (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 under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act;
       (B) sections 203 and 205 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act; and
       (C) 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.

       Subtitle A--Ensuring Equity in Federal Disaster Management

     SEC. __11. 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. __12. 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 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, 5170b, 5172, 5173, 5189f, 
     5192);
       (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. __13. METRICS; REPORT.

       (a) Metrics.--In carrying out this subtitle, the 
     Administrator shall--
       (1) establish metrics to measure the efficacy of the 
     process developed under section __11 and the criteria 
     developed under section __12; and
       (2) seek input from relevant representatives of State, 
     regional, local, territorial, and Tribal governments, 
     representatives of community-based organizations, subject 
     matter experts, and individuals from underserved communities 
     impacted by disasters.
       (b) Report.--Not later than one year after the 
     dissemination of the criteria under section __12(a), and 
     annually thereafter, the Administrator shall submit to 
     Congress a report describing how the criteria and processes 
     developed under this subtitle 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.

   Subtitle B--Operational Enhancement to Improve Equity in Federal 
                          Disaster Management

     SEC. __21. 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, civil rights 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 __11 and 
     __12 of subtitle A of this title;
       (2) monitor equity the implementation of equity efforts 
     within the Agency and within 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 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;
       (5) academic organizations specializing in diversity, 
     equity, and inclusion issues; and
       (6) religious and faith-based organizations.

     SEC. __22. 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 subtitle A; and
       (3) monitor the integration and establishment of metrics 
     developed under section __13 of subtitle A of this title.

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       (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.
       (J) The Office of External Affairs.
       (2) The administrator of each Regional Office, or his or 
     her designee.
       (3) The equity advisor, as designated by the Administrator 
     under section __21.
       (4) A representative from the Office for Civil Rights and 
     Civil Liberties of the Department of Homeland Security.
       (5) The Superintendent of the Emergency Management 
     Institute.
       (6) The National Tribal Affairs Advisor of the Agency.
       (7) 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. __23. 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 subtitle and 
     subtitle A.

       Subtitle C--GAO Review of Factors to Determine Assistance

     SEC. __31. 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, 5170b, 5172, 5173, 
     5174, 5189f, 5192).
       (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 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.
                                 ______