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

<DOC>





                                                       Calendar No. 619
116th CONGRESS
  2d Session
                                S. 3658

                          [Report No. 116-316]

 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 (for himself, Mr. Van Hollen, and Ms. Harris) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                           December 14, 2020

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Achieving Racial and Ethnic 
Equity in Disaster Response, Recovery, and Resilience Act of 
2020''.</DELETED>

<DELETED>SEC. 2. OFFICE OF EQUAL RIGHTS AND COMMUNITY 
              INCLUSION.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 529. OFFICE OF EQUAL RIGHTS AND COMMUNITY 
              INCLUSION.</DELETED>

<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the term `appropriate committees of 
        Congress' means--</DELETED>
                <DELETED>    ``(A) the Committee on Homeland Security 
                and Governmental Affairs of the Senate; and</DELETED>
                <DELETED>    ``(B) the Committee on Transportation and 
                Infrastructure, the Committee on Oversight and Reform, 
                and the Committee on Homeland Security of the House of 
                Representatives;</DELETED>
        <DELETED>    ``(2) the term `Director' means the Director of 
        the Office of Equal Rights and Community Inclusion;</DELETED>
        <DELETED>    ``(3) the term `Office' means the Office of Equal 
        Rights and Community Inclusion; and</DELETED>
        <DELETED>    ``(4) the term `underserved community' means--
        </DELETED>
                <DELETED>    ``(A) the Native American 
                community;</DELETED>
                <DELETED>    ``(B) the African-American 
                community;</DELETED>
                <DELETED>    ``(C) the Hispanic (including persons of 
                Mexican, Puerto Rican, Cuban, and Central or South 
                American origin) community;</DELETED>
                <DELETED>    ``(D) the Pacific Islander 
                community;</DELETED>
                <DELETED>    ``(E) the Middle Eastern and North African 
                community;</DELETED>
                <DELETED>    ``(F) a rural community; and</DELETED>
                <DELETED>    ``(G) any other historically disadvantaged 
                community.</DELETED>
<DELETED>    ``(b) Office of Equal Rights and Community Inclusion.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Director.--</DELETED>
        <DELETED>    ``(1) In general.--The Office shall be headed by a 
        Director, who shall report to the Administrator.</DELETED>
        <DELETED>    ``(2) Requirement.--The Director shall have 
        documented experience and expertise in underserved community 
        inclusion research and disaster preparedness and resilience 
        disparities elimination.</DELETED>
<DELETED>    ``(d) Purpose.--The purpose of the Office is to--
</DELETED>
        <DELETED>    ``(1) improve underserved community access to 
        disaster assistance;</DELETED>
        <DELETED>    ``(2) improve the quality of disaster assistance 
        received by underserved communities;</DELETED>
        <DELETED>    ``(3) eliminate racial, ethnic, and other 
        underserved community disparities in the delivery of disaster 
        assistance; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Authorities and Duties.--</DELETED>
        <DELETED>    ``(1) In general.--The Director shall be 
        responsible for--</DELETED>
                <DELETED>    ``(A) improving--</DELETED>
                        <DELETED>    ``(i) underserved community access 
                        to disaster assistance; and</DELETED>
                        <DELETED>    ``(ii) the quality of assistance 
                        underserved communities receive;</DELETED>
                <DELETED>    ``(B) eliminating racial, ethnic, and 
                other underserved community disparities in the delivery 
                of various preparedness, response, and recovery 
                assistance; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Grants and contracts.--In carrying out this 
        section, to assure improved disaster resilience of underserved 
        communities, the Director may--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) enter into memoranda of 
                understanding with State, local, Tribal, and 
                territorial government agencies.</DELETED>
        <DELETED>    ``(3) Reducing disparities in preparedness, 
        response, and recovery.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Requirement.--The measures developed 
                under subparagraph (A) shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) identify the communities 
                        implicated in the evaluations conducted under 
                        clause (i).</DELETED>
                <DELETED>    ``(C) Coordination with other offices.--In 
                carrying out this section, the Director shall--
                </DELETED>
                        <DELETED>    ``(i) participate in scenario-
                        based disaster response exercises at the 
                        Agency;</DELETED>
                        <DELETED>    ``(ii) coordinate with the Office 
                        of Minority Health of the Department of Health 
                        and Human Services;</DELETED>
                        <DELETED>    ``(iii) coordinate with the Office 
                        of Disability Integration and Coordination of 
                        the Agency;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Reports.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Contents.--Each report submitted under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    ``(A) a narrative on activities conducted 
                by the Office, including a description of outreach and 
                consultation efforts with advocacy organizations and 
                human resource providers;</DELETED>
                <DELETED>    ``(B) the results of the measures 
                developed to evaluate the effectiveness of activities 
                aimed at reducing preparedness, response, and recovery 
                disparities; and</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(g) Authorization of Appropriations.--There are 
authorized to be appropriated such sums as are necessary to carry out 
this section.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 529. Office of Equal Rights and Community Inclusion.''.
<DELETED>    (c) COVID-19 Response.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) FACA applicability.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to any 
        consultation conducted under paragraph (1).</DELETED>

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 `disaster assistance' means assistance 
        provided under titles IV and V of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et 
        seq.);
            ``(4) the term `Office' means the Office of Equal Rights 
        and Community Inclusion; and
            ``(5) the term `underserved community' means--
                    ``(A) the Native American community;
                    ``(B) the African-American community;
                    ``(C) the Asian community;
                    ``(D) the Hispanic (including persons of Mexican, 
                Puerto Rican, Cuban, and Central or South American 
                origin) community;
                    ``(E) the Pacific Islander community;
                    ``(F) the Middle Eastern and North African 
                community;
                    ``(G) a rural community;
                    ``(H) the low-income community;
                    ``(I) the disability community; and
                    ``(J) any other historically disadvantaged 
                community, as determined by the Director.
    ``(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, disaster preparedness, or 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 further inclusion and engagement of underserved communities 
        throughout preparedness, response, recovery, and mitigation and 
        to eliminate racial, ethnic, and other underserved community 
        disparities in the delivery of disaster assistance as described 
        in subsection (d), the Administrator shall--
                    ``(A) administer and evaluate Agency programs and 
                activities, including the programs and activities of 
                recipients of preparedness, response, recovery, and 
                mitigation grants, in a manner to affirmatively further 
                inclusion and engagement of underserved communities and 
                improved outcomes for underserved communities tied to 
                Agency programs and activities; and
                    ``(B) establish an underserved community initiative 
                to award grants and enter into cooperative agreements 
                and contracts with--
                            ``(i) local nonprofit entities;
                            ``(ii) national nonprofit organizations 
                        with experience administering programs in not 
                        fewer than 10 States; and
                            ``(iii) nonprofit organizations that are 
                        indigenous human services providers in 
                        underserved communities.
            ``(3) Reducing disparities in preparedness, response, and 
        recovery.--
                    ``(A) In general.--The Director shall develop 
                measures to evaluate the effectiveness of the 
                activities of program offices in the Agency and the 
                activities of recipients aimed at reducing disparities 
                in the services provided to underserved communities.
                    ``(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) coordinate with the Office of Civil 
                        Rights of the Department of Agriculture;
                            ``(v) 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;
                            ``(vi) coordinate with the Office for Civil 
                        Rights and Civil Liberties of the Department; 
                        and
                            ``(vii) 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)(vii).
    ``(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).
                                                       Calendar No. 619

116th CONGRESS

  2d Session

                                S. 3658

                          [Report No. 116-316]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 14, 2020

                       Reported with an amendment