107 S3502 RS: Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022 U.S. Senate 2022-01-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IICalendar No. 450117th CONGRESS2d SessionS. 3502[Report No. 117–133]IN THE SENATE OF THE UNITED STATESJanuary 13 (legislative day, January 10), 2022Mr. Peters (for himself and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsJuly 21, 2022Reported by Mr. Peters, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo establish an Office of Civil Rights, Equity, and Community Inclusion at the Federal Emergency Management Agency, and for other purposes.
1.
Short title
This Act may be cited as the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022.
2.
Office of Civil Rights, Equity, 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:
529.
Office of Civil Rights, Equity, 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 Civil Rights, Equity, 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 Civil Rights, Equity, and Community Inclusion; and(5)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 (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)a low-income community;(I)the disability community; and(J)any other historically disadvantaged community, as determined by the Director.(b)
Office of Civil Rights, Equity, 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 Equity in Disaster Response, Recovery, and Resilience Act of 2022, be known as the Office of Civil Rights, Equity, 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 Civil Rights, Equity, 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 civil rights, 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 Equity in Disaster Response, Recovery, and Resilience Act of 2022, 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 before and after a disaster; and(ii)the quality of Agency assistance underserved communities receive;(B)reviewing preparedness, response, and recovery programs and activities of the Agency to ensure the elimination of underserved community disparities in the delivery of such programs and activities; 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 Equity in Disaster Response, Recovery, and Resilience Act of 2022, as determined appropriate by the Administrator.(2)
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, the percentage of contracts awarded to underserved and minority-owned businesses, 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 Civil Rights of the Department of Agriculture;(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;(v)coordinate with the Office for Civil Rights and Civil Liberties of the Department; and(vi)investigate allegations of unequal disaster assistance based on race or ethnic origin or refer those allegations to the appropriate office.(f)
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—(1)administer and evaluate Agency programs and activities, including the programs and activities of recipients of preparedness, response, recovery, and mitigation grants and contracts, to—(A)further inclusion and engagement of underserved communities and underserved and minority-owned businesses; and(B)improve outcomes for underserved communities tied to Agency programs and activities; and(2)establish an underserved community initiative to award grants to, and enter into cooperative agreements and contracts with, nonprofit entities. (g)
Disability coordinator
(1)
In general
There shall be within the Office a Disability Coordinator to ensure that the needs of individuals with disabilities are being properly addressed by proactively engaging with disability and underserved communities and State, local, and tribal governments in emergency preparedness and disaster relief.(2)
Responsibilities
The Disability Coordinator shall be responsible for—(A)providing guidance and coordination on matters relating to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;(B)interacting with the staff of the Agency, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order 13347 (6 U.S.C. 314 note; relating to individuals with disabilities in emergency preparedness), other agencies of the Federal Government, and State, local, and tribal government authorities relating to the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;(C)consulting with stakeholders that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;(D)ensuring the coordination and dissemination of best practices and model evacuation plans and sheltering for individuals with disabilities;(E)ensuring the development of training materials and a curriculum for training emergency response providers, State, local, and tribal government officials, and others on the needs of individuals with disabilities;(F)promoting the accessibility of telephone hotlines and websites relating to emergency preparedness, evacuations, and disaster relief;(G)working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities;(H)providing guidance to State, local, and tribal government officials and other individuals, and implementing policies, relating to the availability of accessible transportation options for individuals with disabilities in the event of an evacuation;(I)providing guidance and implementing policies to external stakeholders to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected;(J)ensuring that meeting the needs of individuals with disabilities is a component of the national preparedness system established under section 644 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 744);(K)coordinate technical assistance for Agency programs based on input from underserved communities through a designee of the Director; and(L)any other duties assigned by the Director.(h)
Reports
(1)
In general
Not later than 1 year after the date of enactment of the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022, and biennially thereafter, the Administrator shall 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 of unequal disaster assistance investigated by the Director or referred to other appropriate offices.(i)
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
.(b)
Office of Disability Coordinator
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by striking section 513 (6 U.S.C. 321b).(c)
Technical and conforming amendments
The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended—(1)by striking the item relating to section 513 (6 U.S.C. 321b); and(2)by inserting after the item relating to section 528 the following:Sec. 529. Office of Civil Rights, Equity, and Community Inclusion..(d)
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 Civil Rights, Equity, and Community Inclusion shall regularly consult with State, local, territorial, and Tribal government officials and community-based organizations from underserved communities the Office of Civil Rights, Equity, 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).
1.
Short title
This Act may be cited as the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022.
2.
Office of Civil Rights, Equity, and Community Inclusion
(a)
In general
Section 513 of the Homeland Security Act of 2002 (6 U.S.C. 321b) is amended to read as follows:
513.
Office of Civil Rights, Equity, 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 Civil Rights, Equity, 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 Civil Rights, Equity, and Community Inclusion; and(5)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 (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)a low-income community;(I)the disability community; and(J)any other historically disadvantaged community, as determined by the Director.(b)
Office of Civil Rights, Equity, 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 Equity in Disaster Response, Recovery, and Resilience Act of 2022, be known as the Office of Civil Rights, Equity, 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 Civil Rights, Equity, 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 civil rights, 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 Equity in Disaster Response, Recovery, and Resilience Act of 2022, 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 before and after a disaster; and(ii)the quality of Agency assistance underserved communities receive;(B)reviewing preparedness, response, and recovery programs and activities of the Agency to ensure the elimination of underserved community disparities in the delivery of such programs and activities; 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 Equity in Disaster Response, Recovery, and Resilience Act of 2022, as determined appropriate by the Administrator.(2)
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 and State, local, tribal, and territorial governments, the effects of disaster declaration thresholds on underserved communities, the percentage of contracts awarded to underserved and minority-owned businesses, 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 Civil Rights of the Department of Agriculture;(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;(v)coordinate with the Office for Civil Rights and Civil Liberties of the Department; and(vi)investigate allegations of unequal disaster assistance based on race or ethnic origin or refer those allegations to the appropriate office.(f)
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—(1)administer and evaluate Agency programs and activities, including the programs and activities of recipients of preparedness, response, recovery, and mitigation grants and contracts, to—(A)further inclusion and engagement of underserved communities and underserved and minority-owned businesses; and(B)improve outcomes for underserved communities tied to Agency programs and activities; and(2)establish an underserved community initiative to award grants to, and enter into cooperative agreements and contracts with, nonprofit entities. (g)
Disability coordinator
(1)
In general
There shall be within the Office a Disability Coordinator to ensure that the needs of individuals with disabilities are being properly addressed by proactively engaging with disability and underserved communities and State, local, and tribal governments in emergency preparedness and disaster relief.(2)
Responsibilities
The Disability Coordinator shall be responsible for—(A)providing guidance and coordination on matters relating to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;(B)interacting with the staff of the Agency, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order 13347 (6 U.S.C. 314 note; relating to individuals with disabilities in emergency preparedness), other agencies of the Federal Government, and State, local, and tribal government authorities relating to the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;(C)consulting with stakeholders that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;(D)ensuring the coordination and dissemination of best practices and model evacuation plans and sheltering for individuals with disabilities;(E)ensuring the development of training materials and a curriculum for training emergency response providers, State, local, and tribal government officials, and others on the needs of individuals with disabilities;(F)promoting the accessibility of telephone hotlines and websites relating to emergency preparedness, evacuations, and disaster relief;(G)working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities;(H)providing guidance to State, local, and tribal government officials and other individuals, and implementing policies, relating to the availability of accessible transportation options for individuals with disabilities in the event of an evacuation;(I)providing guidance and implementing policies to external stakeholders to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected;(J)ensuring that meeting the needs of individuals with disabilities is a component of the national preparedness system established under section 644 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 744);(K)coordinate technical assistance for Agency programs based on input from underserved communities through a designee of the Director; and(L)any other duties assigned by the Director.(h)
Reports
(1)
In general
Not later than 1 year after the date of enactment of the Achieving Equity in Disaster Response, Recovery, and Resilience Act of 2022, and biennially thereafter, the Administrator shall 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 of unequal disaster assistance investigated by the Director or referred to other appropriate offices.(i)
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
.(b)
Technical and conforming amendments
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 striking the item relating to section 513 (6 U.S.C. 321b) and inserting the following:Sec. 513. Office of Civil Rights, Equity, 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 Civil Rights, Equity, and Community Inclusion shall regularly consult with State, local, territorial, and Tribal government officials and community-based organizations from underserved communities the Office of Civil Rights, Equity, 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).
July 21, 2022Reported with an amendment