Achieving Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020

To establish an Office of Equal Rights and Community Inclusion at the Federal Emergency Management Agency, and for other purposes. 1. Short title This Act may be cited as the Achieving Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 2. Office of Equal Rights and Community Inclusion (a) In general Title V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 529. Office of Equal Rights and Community Inclusion (a) Definitions In this section— (1) the term appropriate committees of Congress (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 (3) the term Office (4) the term underserved community (A) the Native American community; (B) the African-American community; (C) the Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin) community; (D) the Pacific Islander community; (E) the Middle Eastern and North African community; (F) a rural community; and (G) any other historically disadvantaged community. (b) Office of Equal Rights 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 Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 (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 Equal Rights 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 underserved community inclusion research and disaster preparedness and 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 Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 (e) Authorities and duties (1) In general The Director shall be responsible for— (A) improving— (i) underserved community access to disaster assistance; and (ii) the quality of assistance underserved communities receive; (B) eliminating racial, ethnic, and other underserved community disparities in the delivery of various preparedness, response, and recovery assistance; 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 Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 (2) Grants and contracts In carrying out this section, to assure improved disaster resilience of underserved communities, the Director may— (A) award grants and enter into cooperative agreements and contracts with local nonprofit entities, national nonprofit organizations with experience administering multi-State programs in not less than 10 States, and nonprofit organizations that are indigenous human resource providers in underserved communities; and (B) enter into memoranda of understanding with State, local, Tribal, and territorial government agencies. (3) Reducing disparities in preparedness, response, and recovery (A) In general The Director shall develop measures to evaluate the effectiveness of the activities of the Office aimed at reducing disparities in preparedness, response, and recovery. (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, 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 Disability Integration and Coordination of the Agency; (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; and (v) investigate allegations of unequal disaster assistance based on race or ethnic origin or refer such allegations to the Office for Civil Rights and Civil Liberties of the Department and assist the Office for Civil Rights and Civil Liberties with investigations of such allegations. (f) Reports (1) In general Not later than 1 year after the date of enactment of the Achieving Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 (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 investigated or referred to the Office for Civil Rights and Civil Liberties under subsection (e)(3)(D)(v). (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 Sec. 529. Office of Equal Rights 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 (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 Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 2. Office of Equal Rights and Community Inclusion (a) In general Title V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 529. Office of Equal Rights and Community Inclusion (a) Definitions In this section— (1) the term appropriate committees of Congress (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 (3) the term disaster assistance 42 U.S.C. 5170 (4) the term Office (5) the term underserved community (A) the Native American 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) the low-income community; (I) the disability community; and (J) any other historically disadvantaged community, as determined by the Director. (b) Office of Equal Rights 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 Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 (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 Equal Rights 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 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 Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 (e) Authorities and duties (1) In general The Director shall be responsible for— (A) improving— (i) underserved community access to disaster assistance; and (ii) the quality of assistance underserved communities receive; (B) eliminating racial, ethnic, and other underserved community disparities in the delivery of various preparedness, response, and recovery assistance; 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 Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 (2) 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— (A) administer and evaluate Agency programs and activities, including the programs and activities of recipients of preparedness, response, recovery, and mitigation grants, in a manner to affirmatively further inclusion and engagement of underserved communities and improved outcomes for underserved communities tied to Agency programs and activities; and (B) establish an underserved community initiative to award grants and enter into cooperative agreements and contracts with— (i) local nonprofit entities; (ii) national nonprofit organizations with experience administering programs in not fewer than 10 States; and (iii) nonprofit organizations that are indigenous human services providers in underserved communities. (3) 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, 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 Disability Integration and Coordination of the Agency; (iv) coordinate with the Office of Civil Rights of the Department of Agriculture; (v) 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; (vi) coordinate with the Office for Civil Rights and Civil Liberties of the Department; and (vii) investigate allegations of unequal disaster assistance based on race or ethnic origin or refer such allegations to the Office for Civil Rights and Civil Liberties of the Department and assist the Office for Civil Rights and Civil Liberties with investigations of such allegations. (f) Reports (1) In general Not later than 1 year after the date of enactment of the Achieving Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 (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 investigated or referred to the Office for Civil Rights and Civil Liberties under subsection (e)(3)(D)(vii). (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 Sec. 529. Office of Equal Rights 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 (2) FACA Applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any consultation conducted under paragraph (1). December 14, 2020 Reported with an amendment

Summary: Achieving Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020 This bill establishes the Office of Equal Rights and Community Inclusion (OERCI) within the Federal Emergency Management Agency (FEMA). The OERCI shall be responsible, among other things, for (1) improving underserved community access to disaster assistance and improving the quality of assistance such communities receive; and (2) eliminating racial, ethnic, and other underserved community disparities in the delivery of various preparedness, response, and recovery assistance. The bill defines underserved community to mean an historically disadvantaged community, including the Native American, African-American, Asian, Hispanic, Pacific Islander, Middle Eastern and North African, rural, low-income, and disability communities. FEMA shall (1) administer and evaluate its programs and activities, including those of recipients of preparedness, response, recovery, and mitigation grants, in a manner to affirmatively further inclusion and engagement of underserved communities and improved outcomes for underserved communities tied to FEMA programs and activities; and (2) establish an underserved community initiative to award grants to specified nonprofit entities. The OERCI shall develop measures to evaluate the effectiveness of the activities of program offices in FEMA and the activities of recipients aimed at reducing disparities in the services provided to underserved communities. During the period of time for which there is a major disaster or emergency declared by the President with respect to COVID-19 (i.e., coronavirus disease 2019), the OERCI shall regularly consult with state, local, territorial, and tribal government officials and community-based organizations from underserved communities that it identifies as disproportionately impacted by COVID-19.