[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5587-S5588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6053. Mr. PETERS 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 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:
SEC. ___. OFFICE OF CIVIL RIGHTS AND INCLUSION.
(a) Short Title.--This section may be cited as the
``Achieving Fairness in Disaster Response, Recovery, and
Resilience Act of 2022''.
(b) Establishment of Office.--Section 513 of the Homeland
Security Act of 2002 (6 U.S.C. 321b) is amended to read as
follows:
``SEC. 513. OFFICE OF CIVIL RIGHTS AND 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 and 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
and Inclusion; and
``(5) the term `underserved community' means--
``(A) a rural community;
``(B) a low-income community;
``(C) the disability community;
``(D) the Native American and Alaskan Native community;
``(E) the African-American community;
``(F) the Asian community;
``(G) the Hispanic (including persons of Mexican, Puerto
Rican, Cuban, and Central or South American origin)
community;
``(H) the Pacific Islander community;
``(I) the Middle Eastern and North African community; and
``(J) any other historically disadvantaged community, as
determined by the Director.
``(b) Office of Civil Rights and Inclusion.--
``(1) In general.--The Office of Equal Rights of the Agency
shall, on and after the date of enactment of the Achieving
Fairness in Disaster Response, Recovery, and Resilience Act
of 2022, be known as the Office of Civil Rights and
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 and
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 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 Fairness 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 Fairness 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 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 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 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 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.
[[Page S5588]]
``(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 Fairness 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;
``(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.''.
(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 by striking
the item relating to section 513 (6 U.S.C. 321b) and
inserting the following:
``Sec. 513. Office of Civil Rights and 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 and Inclusion shall
regularly consult with State, local, territorial, and Tribal
government officials and community-based organizations from
underserved communities the Office of Civil Rights and
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).
______