[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).
                                 ______