[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3502 Reported in Senate (RS)]
<DOC>
Calendar No. 450
117th CONGRESS
2d Session
S. 3502
[Report No. 117-133]
To establish an Office of Civil Rights, Equity, and Community Inclusion
at the Federal Emergency Management Agency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13 (legislative day, January 10), 2022
Mr. Peters (for himself and Mr. Padilla) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
July 21, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish an Office of Civil Rights, Equity, 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 Equity in
Disaster Response, Recovery, and Resilience Act of 2022''.</DELETED>
<DELETED>SEC. 2. OFFICE OF CIVIL RIGHTS, EQUITY, 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 CIVIL RIGHTS, EQUITY, 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 Civil Rights, Equity, and Community
Inclusion;</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(4) the term `Office' means the Office of Civil
Rights, Equity, and Community Inclusion; and</DELETED>
<DELETED> ``(5) the term `underserved community' means--
</DELETED>
<DELETED> ``(A) the Native American and Alaskan
Native community;</DELETED>
<DELETED> ``(B) the African-American
community;</DELETED>
<DELETED> ``(C) the Asian community;</DELETED>
<DELETED> ``(D) the Hispanic (including persons of
Mexican, Puerto Rican, Cuban, and Central or South
American origin) community;</DELETED>
<DELETED> ``(E) the Pacific Islander
community;</DELETED>
<DELETED> ``(F) the Middle Eastern and North African
community;</DELETED>
<DELETED> ``(G) a rural community;</DELETED>
<DELETED> ``(H) a low-income community;</DELETED>
<DELETED> ``(I) the disability community;
and</DELETED>
<DELETED> ``(J) any other historically disadvantaged
community, as determined by the Director.</DELETED>
<DELETED> ``(b) Office of Civil Rights, Equity, 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 Equity in Disaster Response, Recovery, and Resilience
Act of 2022, be known as the Office of Civil Rights, Equity,
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 Civil Rights, Equity,
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 civil rights,
underserved community inclusion research, disaster
preparedness, or 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 Equity in Disaster Response,
Recovery, and Resilience Act of 2022, 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 before and after a
disaster; and</DELETED>
<DELETED> ``(ii) the quality of Agency
assistance underserved communities
receive;</DELETED>
<DELETED> ``(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</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 Equity in Disaster Response, Recovery, and
Resilience Act of 2022, as determined appropriate by
the Administrator.</DELETED>
<DELETED> ``(2) 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 program offices in the Agency and the
activities of recipients aimed at reducing disparities
in the services provided to underserved
communities.</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, 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</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 Civil Rights of the Department of
Agriculture;</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;</DELETED>
<DELETED> ``(v) coordinate with the Office
for Civil Rights and Civil Liberties of the
Department; and</DELETED>
<DELETED> ``(vi) investigate allegations of
unequal disaster assistance based on race or
ethnic origin or refer those allegations to the
appropriate office.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) further inclusion and engagement of
underserved communities and underserved and minority-
owned businesses; and</DELETED>
<DELETED> ``(B) improve outcomes for underserved
communities tied to Agency programs and activities;
and</DELETED>
<DELETED> ``(2) establish an underserved community
initiative to award grants to, and enter into cooperative
agreements and contracts with, nonprofit entities.</DELETED>
<DELETED> ``(g) Disability Coordinator.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Responsibilities.--The Disability
Coordinator shall be responsible for--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) ensuring the coordination and
dissemination of best practices and model evacuation
plans and sheltering for individuals with
disabilities;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(F) promoting the accessibility of
telephone hotlines and websites relating to emergency
preparedness, evacuations, and disaster
relief;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(K) coordinate technical assistance for
Agency programs based on input from underserved
communities through a designee of the Director;
and</DELETED>
<DELETED> ``(L) any other duties assigned by the
Director.</DELETED>
<DELETED> ``(h) Reports.--</DELETED>
<DELETED> ``(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.</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
of unequal disaster assistance investigated by the
Director or referred to other appropriate
offices.</DELETED>
<DELETED> ``(i) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to carry out
this section.''.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking the item relating to section 513
(6 U.S.C. 321b); and</DELETED>
<DELETED> (2) by inserting after the item relating to
section 528 the following:</DELETED>
<DELETED>``Sec. 529. Office of Civil Rights, Equity, and Community
Inclusion.''.
<DELETED> (d) 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 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.</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 Equity in Disaster
Response, Recovery, and Resilience Act of 2022''.
SEC. 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:
``SEC. 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).
Calendar No. 450
117th CONGRESS
2d Session
S. 3502
[Report No. 117-133]
_______________________________________________________________________
A BILL
To establish an Office of Civil Rights, Equity, and Community Inclusion
at the Federal Emergency Management Agency, and for other purposes.
_______________________________________________________________________
July 21, 2022
Reported with an amendment