[Senate Report 116-316]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 619

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-316

======================================================================

                   ACHIEVING RACIAL AND ETHNIC EQUITY

                  IN DISASTER RESPONSE, RECOVERY, AND

                         RESILIENCE ACT OF 2020

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 3658

          TO ESTABLISH AN OFFICE OF EQUAL RIGHTS AND COMMUNITY
  INCLUSION AT THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND FOR OTHER 
                                PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 14, 2020.--Ordered to be printed
               
                                __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2020                     
          
-----------------------------------------------------------------------------------                
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
             Barrett F. Percival, Professional Staff Member
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
 Christopher J. Mulkins, Minority Deputy Director of Homeland Security
                Roy S. Awabdeh, Minority Senior Counsel
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                                                 Calendar No. 619

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-316

======================================================================                    
 
ACHIEVING RACIAL AND ETHNIC EQUITY IN DISASTER RESPONSE, RECOVERY, AND 
                         RESILIENCE ACT OF 2020

                                _______
                                

               December 14, 2020.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 3658]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 3658), to establish 
an Office of Equal Rights and Community Inclusion at the 
Federal Emergency Management Agency, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and the Need for Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    S. 3658, the Achieving Racial and Ethnic Equity in Disaster 
Response, Recovery, and Resilience Act of 2020, codifies and 
renames the existing Office of Equal Rights within the Federal 
Emergency Management Agency (FEMA) to the Office of Equal 
Rights and Community Inclusion. The purpose of the office is to 
reduce disparities in disaster preparedness, response, and 
recovery efforts. The bill clarifies and better defines the 
leadership and responsibilities for the office, and requires 
the Administrator of FEMA to review the agency's current 
programs and activities to ensure they align with its purpose. 
In addition, the bill requires that any future allegations of 
inequitable preparedness, response, or recovery activities as a 
result of the race or ethnic origins of historically 
underserved communities are reported to the Office for Civil 
Rights and Civil Liberties (CRCL) within the Department of 
Homeland Security (DHS or Department), as well as to Congress 
on a biennial basis.

              II. Background and the Need for Legislation

    Ten years after Hurricane Katrina, more than half of New 
Orleans' neighborhoods had recovered to 90 percent of their 
pre-storm population, yet only 37 percent of its Lower Ninth 
Ward had returned.\1\ Furthermore, only 1 in 3 African-American 
residents have returned to New Orleans.\2\ As of 2016, New 
Orleans had 96,000 fewer African-American residents than its 
pre-storm resident population.\3\
---------------------------------------------------------------------------
    \1\Greg Allen, Ghosts of Katrina Still Haunt New Orleans' Shattered 
Lower Ninth Ward, NPR (Aug. 3, 2015, 3:52 AM), https://www.npr.org/
2015/08/03/427844717/ghosts-of-katrina-still-haunt-new-orleans-
shattered-lower-ninth-ward.
    \2\Gary Rivlin, White New Orleans Has Recovered from Hurricane 
Katrina. Black New Orleans Has Not., TalkPoverty (Aug. 29, 2016), 
https://talkpoverty.org/2016/08/29/white-new-orleans-recovered-
hurricane-katrina-black-new-orleans-not/.
    \3\Id.
---------------------------------------------------------------------------
    Data suggests inequities in disaster preparedness, 
response, and recovery is not limited to Hurricane Katrina. For 
example, after Hurricane Harvey, ``[h]ispanic and black 
residents were twice as likely as their white counterparts to 
report experiencing an income shock following the storm and 
then not getting the help they need to recover.''\4\ A survey 
conducted of more than 1,600 Texans found that following 
Hurricane Harvey, only 52 percent of the white respondents 
impacted by Harvey said they were able to get the help they 
needed; that number dropped to 46 percent for Hispanic and 32 
percent for black respondents.\5\
---------------------------------------------------------------------------
    \4\Connor Maxwell, America's Sordid Legacy on Race and Disaster 
Recovery, Ctr. for Am. Progress (Apr. 5, 2018, 9:03 AM), https://
www.americanprogress.org/issues/race/news/2018/04/05/448999/americas-
sordid-legacy-race-disaster-recovery/.
    \5\Liz Hamel, Bryan Wu, Mollyann Brodie, Shao-Chee Sim, and Elena 
Marks, An Early Assessment of Hurricane Harvey's Impact on Vulnerable 
Texans in the Gulf Coast Region: Their Voices and Priorities to Inform 
Rebuilding Efforts (Dec. 5, 2017), https://www.kff.org/other/report/an-
early-assessment-of-hurricane-harveys-impact-on-vulnerable-texans-in-
the-gulf-coast-region-their-voices-and-priorities-to-inform-rebuilding-
efforts/.
---------------------------------------------------------------------------
    An August 2018 study found that ``as local hazard damages 
increase, so does wealth inequality, especially along lines of 
race, education, and homeownership. At any given level of local 
damage, the more aid an area receives from (FEMA), the more 
this inequality grows.''\6\ These findings, along with 
aforementioned findings, are concerning to Congress because 
they provide further evidence that the effects of a lack of 
access to FEMA's programs are not short-term. Rather, access 
disparities create longstanding, systemic inequalities.
---------------------------------------------------------------------------
    \6\Junia Howell & James Elliott, Damages Done: The Longitudinal 
Impacts of Natural Hazards on Wealth Inequality in the United States, 
66 Soc. Probs. 448, 448 (2018), https://academic.oup.com/socpro/
article/66/3/448/5074453.
---------------------------------------------------------------------------
    S. 3658 codifies the existing Office of Equal Rights and 
renames it the Office of Equal Rights and Community Inclusion. 
It provides more direction from Congress on how the office 
should improve access to disaster preparedness, response, and 
recovery programs to underserved communities and other 
historically disadvantaged communities moving forward, while 
also requiring the FEMA Administrator to conduct a review of 
the agency's programs to meet the mission of the office.
    S. 3658 also requires the FEMA Administrator to establish 
an initiative within FEMA's Grant Programs Directorate to issue 
grants, cooperative agreements, and contracts to satisfy the 
goal of equality prior to the occurrence of an eligible 
emergency.
    Finally, S. 3658 requires the Director of the Office of 
Equal Rights and Community Inclusion to investigate allegations 
of unequal assistance as a result of race or ethnic origin, or 
refer those allegations to CRCL and assist with its 
investigation. To strengthen oversight of this matter, as well 
as monitor whether further action and authorities need to be 
provided to achieve equality in FEMA's disaster programs, the 
Administrator is required to biennially report to Congress on 
the activities of the office, including the number and nature 
of investigated or referred allegations.

                        III. Legislative History

    Ranking Member Gary Peters (D-MI) introduced S. 3658, the 
Achieving Racial and Ethnic Equity in Disaster Response, 
Recovery, and Resilience Act of 2020, on May 7, 2020. The bill 
was referred to the Committee on the Homeland Security and 
Governmental Affairs.
    The Committee considered S. 3658 at a business meeting on 
July 22, 2020. Ranking Member Peters offered an amendment that 
broadened the definition of ``underserved communities'' and 
moved the grant-making authority from the Office of Equal 
Rights and Community Inclusion to FEMA's Grants Program 
Directorate. The Committee adopted the substitute amendment and 
ordered the bill, as amended, reported favorably both by voice 
vote en bloc. Senators present for both the vote on the 
amendment and the vote on the bill as amended were: Johnson, 
Portman, Paul, Lankford, Romney, Scott, Enzi, Hawley, Peters, 
Carper, Hassan, Harris, and Rosen. Senators Scott and Hawley 
asked to be recorded as having voted ``No''.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section established that the bill may be cited as the 
``Achieving Racial and Ethnic Equity in Disaster Response, 
Recovery, and Resilience Act of 2020''.

Section 2. Office of Equal Rights and Community Inclusion

    Section 2 adds a new Section 529 into the Homeland Security 
Act of 2002 under Title V.
    New Section 529, subsection (a) lays out the definitions 
for ``Appropriate committees of Congress'', ``Director'', 
``disaster assistance'', ``Office'' and ``underserved 
community''. Subsection (b) codifies the Office of Equal Rights 
and Community Inclusion. Subsection (c) requires the Office to 
be led by a Director who has experience and expertise in 
underserved community inclusion research, disaster 
preparedness, or resilience disparities elimination.
    New Section 529, subsection (d) defines the purpose of the 
Office of Equal Rights and Community Inclusion to: improve 
underserved community access to disaster assistance; improve 
the quality of disaster assistance received by underserved 
communities; and eliminate racial, ethnic, and other 
underserved community disparities in the delivery of disaster 
assistance.
    New Section 529, subsection (e) requires the Director to be 
responsible for the purposes set forth in subsection (d). It 
also requires the Administrator of FEMA to evaluate FEMA's 
programs and activities to ensure inclusion and engagement of 
underserved communities is being maintained and also establish 
an initiative to award grants or enter into cooperative 
agreements to achieve this goal. This subsection also requires 
the Director of the Office of Equal Rights and Community 
Inclusion to coordinate with: the Office of Minority Health of 
the Department of Health and Human Services; the Office of 
Disability Integration and Coordination of FEMA; the Office of 
Civil Rights of the Department of Agriculture; the Office for 
Civil Rights and Civil Liberties of DHS; and other relevant 
offices across the Federal Government to reduce disparities in 
preparedness, response, and recovery efforts. It also requires 
the Director to investigate allegations of unequal disaster 
assistance based on race or ethnic origin or refer allegations 
to CRCL within the Department and assist CRCL with its 
investigation.
    New Section 529, subsection (f) requires the Administrator 
of FEMA to submit a report to the appropriate committees of 
Congress one year after enactment and biennially thereafter. 
The report will include a description of the agency's 
activities to reduce disparities in disaster preparedness, 
response, and recovery efforts, as well as the number and types 
of allegations the Office of Equal Rights and Community 
Inclusion investigated or referred to the Office of Civil 
Rights and Civil Liberties at DHS. Subsection (g) authorizes 
the necessary appropriations to carry out the authorities in 
the bill.
    Section 2(b) of the bill is a technical and conforming 
amendment to reflect the title of the new section in the table 
of contents of the Homeland Security Act.
    Section 2(c) of the bill requires the Director for the 
duration of the COVID-19 major disaster or emergency to 
regularly consult with state, local, territorial, and Tribal 
government officials that the Office of Equal Rights and 
Community Inclusion identifies as being disproportionately 
impacted by COVID-19 and clarifies that the Federal Advisory 
Committee Act requirements do not apply to that consultation.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

    CBO failed to provide the Committee with a cost estimate in 
time for the final reporting deadline of the 116th Congress.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman:

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *



TABLE OF CONTENTS

           *       *       *       *       *       *       *



SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) * * *
    (b) Table of Contents.--The table of contents for this Act 
is as follows:
Sec. 1. Short title; table of contents.
     * * * * * * *

TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *



                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

Sec. 501. Definitions.

           *       *       *       *       *       *       *

Sec. 529. Office of Equal Rights and Community Inclusion.

           *       *       *       *       *       *       *


TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


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.

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