[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3658 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3658

 To establish an Office of Equal Rights and Community Inclusion at the 
      Federal Emergency Management Agency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2020

  Mr. Peters introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish an Office of Equal Rights and Community Inclusion at the 
      Federal Emergency Management Agency, 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 ``Achieving Racial and Ethnic Equity 
in Disaster Response, Recovery, and Resilience Act of 2020''.

SEC. 2. OFFICE OF EQUAL RIGHTS AND COMMUNITY INCLUSION.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 529. OFFICE OF EQUAL RIGHTS AND COMMUNITY INCLUSION.

    ``(a) Definitions.--In this section--
            ``(1) the term `appropriate committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committee on Transportation and 
                Infrastructure, the Committee on Oversight and Reform, 
                and the Committee on Homeland Security of the House of 
                Representatives;
            ``(2) the term `Director' means the Director of the Office 
        of Equal Rights and Community Inclusion;
            ``(3) the term `Office' means the Office of Equal Rights 
        and Community Inclusion; and
            ``(4) the term `underserved community' means--
                    ``(A) the Native American community;
                    ``(B) the African-American community;
                    ``(C) the Hispanic (including persons of Mexican, 
                Puerto Rican, Cuban, and Central or South American 
                origin) community;
                    ``(D) the Pacific Islander community;
                    ``(E) the Middle Eastern and North African 
                community;
                    ``(F) a rural community; and
                    ``(G) any other historically disadvantaged 
                community.
    ``(b) Office of Equal Rights and Community Inclusion.--
            ``(1) In general.--The Office of Equal Rights of the Agency 
        shall, on and after the date of enactment of the Achieving 
        Racial and Ethnic Equity in Disaster Response, Recovery, and 
        Resilience Act of 2020, be known as the Office of Equal Rights 
        and Community Inclusion.
            ``(2) References.--Any reference to the Office of Equal 
        Rights of the Agency in any law, regulation, map, document, 
        record, or other paper of the United States shall be deemed to 
        be a reference to the Office of Equal Rights and Community 
        Inclusion.
    ``(c) Director.--
            ``(1) In general.--The Office shall be headed by a 
        Director, who shall report to the Administrator.
            ``(2) Requirement.--The Director shall have documented 
        experience and expertise in underserved community inclusion 
        research and disaster preparedness and resilience disparities 
        elimination.
    ``(d) Purpose.--The purpose of the Office is to--
            ``(1) improve underserved community access to disaster 
        assistance;
            ``(2) improve the quality of disaster assistance received 
        by underserved communities;
            ``(3) eliminate racial, ethnic, and other underserved 
        community disparities in the delivery of disaster assistance; 
        and
            ``(4) carry out such other responsibilities of the Office 
        of Equal Rights as in effect on the day before the date of 
        enactment of the Achieving Racial and Ethnic Equity in Disaster 
        Response, Recovery, and Resilience Act of 2020 as determined 
        appropriate by the Administrator.
    ``(e) Authorities and Duties.--
            ``(1) In general.--The Director shall be responsible for--
                    ``(A) improving--
                            ``(i) underserved community access to 
                        disaster assistance; and
                            ``(ii) the quality of assistance 
                        underserved communities receive;
                    ``(B) eliminating racial, ethnic, and other 
                underserved community disparities in the delivery of 
                various preparedness, response, and recovery 
                assistance; and
                    ``(C) carrying out such other responsibilities of 
                the Office of Equal Rights as in effect on the day 
                before the date of enactment of the Achieving Racial 
                and Ethnic Equity in Disaster Response, Recovery, and 
                Resilience Act of 2020 as determined appropriate by the 
                Administrator.
            ``(2) Grants and contracts.--In carrying out this section, 
        to assure improved disaster resilience of underserved 
        communities, the Director may--
                    ``(A) award grants and enter into cooperative 
                agreements and contracts with local nonprofit entities, 
                national nonprofit organizations with experience 
                administering multi-State programs in not less than 10 
                States, and nonprofit organizations that are indigenous 
                human resource providers in underserved communities; 
                and
                    ``(B) enter into memoranda of understanding with 
                State, local, Tribal, and territorial government 
                agencies.
            ``(3) Reducing disparities in preparedness, response, and 
        recovery.--
                    ``(A) In general.--The Director shall develop 
                measures to evaluate the effectiveness of the 
                activities of the Office aimed at reducing disparities 
                in preparedness, response, and recovery.
                    ``(B) Requirement.--The measures developed under 
                subparagraph (A) shall--
                            ``(i) evaluate community outreach 
                        activities, language services, workforce 
                        cultural competence, historical assistance for 
                        grants and loans provided to individuals, 
                        State, local, Tribal, and territorial 
                        governments, the effects of disaster 
                        declaration thresholds on underserved 
                        communities, historical barriers to equitable 
                        assistance across race and class during and 
                        after disasters, and other areas as determined 
                        by the Director; and
                            ``(ii) identify the communities implicated 
                        in the evaluations conducted under clause (i).
                    ``(C) Coordination with other offices.--In carrying 
                out this section, the Director shall--
                            ``(i) participate in scenario-based 
                        disaster response exercises at the Agency;
                            ``(ii) coordinate with the Office of 
                        Minority Health of the Department of Health and 
                        Human Services;
                            ``(iii) coordinate with the Office of 
                        Disability Integration and Coordination of the 
                        Agency;
                            ``(iv) as appropriate, coordinate with 
                        other relevant offices across the Federal 
                        Government, including by leading a voluntary 
                        task force to address disaster response needs 
                        of underserved communities; and
                            ``(v) investigate allegations of unequal 
                        disaster assistance based on race or ethnic 
                        origin or refer such allegations to the Office 
                        for Civil Rights and Civil Liberties of the 
                        Department and assist the Office for Civil 
                        Rights and Civil Liberties with investigations 
                        of such allegations.
    ``(f) Reports.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Achieving Racial and Ethnic Equity in Disaster 
        Response, Recovery, and Resilience Act of 2020, and biennially 
        thereafter, the Administrator shall prepare and submit to the 
        appropriate committees of Congress a report describing the 
        activities carried out under this section during the period for 
        which the report is being prepared.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    ``(A) a narrative on activities conducted by the 
                Office, including a description of outreach and 
                consultation efforts with advocacy organizations and 
                human resource providers;
                    ``(B) the results of the measures developed to 
                evaluate the effectiveness of activities aimed at 
                reducing preparedness, response, and recovery 
                disparities; and
                    ``(C) the number and types of allegations 
                investigated or referred to the Office for Civil Rights 
                and Civil Liberties under subsection (e)(3)(D)(v).
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 528 the following:

``Sec. 529. Office of Equal Rights and Community Inclusion.''.
    (c) COVID-19 Response.--
            (1) In general.--During the period of time for which there 
        is a major disaster or emergency declared by the President 
        under section 401 or 501, respectively, of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170, 5191) declared with respect to COVID-19, the 
        Director of the Office of Equal Rights and Community Inclusion 
        shall regularly consult with State, local, territorial, and 
        Tribal government officials and community-based organizations 
        from underserved communities the Office of Equal Rights and 
        Community Inclusion identifies as disproportionately impacted 
        by COVID-19.
            (2) FACA applicability.--The Federal Advisory Committee Act 
        (5 U.S.C. App.) shall not apply to any consultation conducted 
        under paragraph (1).
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