Bill Summary
This legislation, known as the "Achieving Racial and Ethnic Equity in Disaster Response, Recovery, and Resilience Act of 2020," aims to establish an Office of Equal Rights and Community Inclusion within the Federal Emergency Management Agency (FEMA). This office would be responsible for addressing disparities and improving access to disaster assistance for underserved communities, including Native American, African-American, Asian, Hispanic, Pacific Islander, Middle Eastern and North African, rural, low-income, and disability communities. The Director of this office would have expertise in underserved community inclusion research, disaster preparedness, or resilience disparities elimination. The office would also be responsible for administering and evaluating FEMA programs and activities to ensure they are inclusive and provide equitable assistance to underserved communities. The legislation also includes provisions for coordination with other federal offices, reporting on activities, and authorizing appropriations. Additionally, during declared disasters or emergencies related to COVID-19, the Director would be required to consult regularly with officials and organizations from disproportionately impacted underserved communities.
Possible Impacts
1. Improved access to disaster assistance: The establishment of an Office of Equal Rights and Community Inclusion could potentially improve the access of underserved communities, such as Native American, African American, and low-income communities, to disaster assistance. This could have a positive impact on these communities by providing them with much-needed resources and support during times of crisis.
2. Elimination of disparities in disaster assistance: The Office of Equal Rights and Community Inclusion is responsible for developing measures to evaluate the effectiveness of disaster assistance delivery to underserved communities. This could potentially lead to the identification and elimination of disparities in the delivery of disaster assistance, ensuring that all communities receive equal support and resources during and after disasters.
3. Increased accountability and transparency: The Director of the Office of Equal Rights and Community Inclusion is required to prepare and submit reports to Congress every two years. These reports will include information on the activities of the Office and the results of measures developed to evaluate the effectiveness of reducing disparities in disaster assistance. This could lead to increased accountability and transparency in the delivery of disaster assistance, ensuring that underserved communities are not unfairly impacted.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3658 Reported in Senate (RS)]
<DOC>
Calendar No. 619
116th CONGRESS
2d Session
S. 3658
[Report No. 116-316]
To establish an Office of Equal Rights and Community Inclusion at the
Federal Emergency Management Agency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2020
Mr. Peters (for himself, Mr. Van Hollen, and Ms. Harris) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
December 14, 2020
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish an Office of Equal Rights 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 Racial and Ethnic
Equity in Disaster Response, Recovery, and Resilience Act of
2020''.</DELETED>
<DELETED>SEC. 2. OFFICE OF EQUAL RIGHTS 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 EQUAL RIGHTS 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 Equal Rights and Community Inclusion;</DELETED>
<DELETED> ``(3) the term `Office' means the Office of Equal
Rights and Community Inclusion; and</DELETED>
<DELETED> ``(4) the term `underserved community' means--
</DELETED>
<DELETED> ``(A) the Native American
community;</DELETED>
<DELETED> ``(B) the African-American
community;</DELETED>
<DELETED> ``(C) the Hispanic (including persons of
Mexican, Puerto Rican, Cuban, and Central or South
American origin) community;</DELETED>
<DELETED> ``(D) the Pacific Islander
community;</DELETED>
<DELETED> ``(E) the Middle Eastern and North African
community;</DELETED>
<DELETED> ``(F) a rural community; and</DELETED>
<DELETED> ``(G) any other historically disadvantaged
community.</DELETED>
<DELETED> ``(b) Office of Equal Rights 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 Racial and Ethnic Equity in Disaster Response,
Recovery, and Resilience Act of 2020, be known as the Office of
Equal Rights 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 Equal Rights 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 underserved community
inclusion research and disaster preparedness and 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 Racial and Ethnic Equity in
Disaster Response, Recovery, and Resilience Act of 2020 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; and</DELETED>
<DELETED> ``(ii) the quality of assistance
underserved communities receive;</DELETED>
<DELETED> ``(B) eliminating racial, ethnic, and
other underserved community disparities in the delivery
of various preparedness, response, and recovery
assistance; 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 Racial and Ethnic Equity in Disaster
Response, Recovery, and Resilience Act of 2020 as
determined appropriate by the Administrator.</DELETED>
<DELETED> ``(2) Grants and contracts.--In carrying out this
section, to assure improved disaster resilience of underserved
communities, the Director may--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) enter into memoranda of
understanding with State, local, Tribal, and
territorial government agencies.</DELETED>
<DELETED> ``(3) 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 the Office aimed at reducing disparities
in preparedness, response, and recovery.</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, 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 Disability Integration and Coordination of
the Agency;</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; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Reports.--</DELETED>
<DELETED> ``(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, and
biennially thereafter, the Administrator shall prepare and
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
investigated or referred to the Office for Civil Rights
and Civil Liberties under subsection
(e)(3)(D)(v).</DELETED>
<DELETED> ``(g) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to carry out
this section.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--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 inserting after the item
relating to section 528 the following:</DELETED>
<DELETED>``Sec. 529. Office of Equal Rights and Community Inclusion.''.
<DELETED> (c) 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 Equal Rights and Community Inclusion
shall regularly consult with State, local, territorial, and
Tribal government officials and community-based organizations
from underserved communities the Office of Equal Rights 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 Racial and Ethnic Equity
in Disaster Response, Recovery, and Resilience Act of 2020''.
SEC. 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 et seq.) is amended by adding at the end the following:
``SEC. 529. OFFICE OF EQUAL RIGHTS 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 Equal Rights 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 Equal Rights
and Community Inclusion; and
``(5) the term `underserved community' means--
``(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, be known as the Office of Equal Rights
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 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 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; 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 as determined appropriate by the
Administrator.
``(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, and biennially
thereafter, the Administrator shall prepare and 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
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;
116 Stat. 2135) is amended by inserting after the item relating to
section 528 the following:
``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, 5191) declared with respect to COVID-19, the
Director of the Office of Equal Rights and Community Inclusion
shall regularly consult with State, local, territorial, and
Tribal government officials and community-based organizations
from underserved communities the Office of Equal Rights 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. 619
116th CONGRESS
2d Session
S. 3658
[Report No. 116-316]
_______________________________________________________________________
A BILL
To establish an Office of Equal Rights and Community Inclusion at the
Federal Emergency Management Agency, and for other purposes.
_______________________________________________________________________
December 14, 2020
Reported with an amendment