[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.
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