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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3502 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 3502

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

_______________________________________________________________________

                                 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,

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.--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 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).
                                 <all>
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