[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1049 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1049
To ensure that older adults and individuals with disabilities are
prepared for disasters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2023
Mr. Casey (for himself, Mrs. Gillibrand, Ms. Warren, Ms. Duckworth, Mr.
Blumenthal, Mr. Markey, Mr. Wyden, Mr. Sanders, Mr. Welch, and Ms.
Smith) introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that older adults and individuals with disabilities are
prepared for disasters, 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 ``Real Emergency Access for Aging and
Disability Inclusion for Disasters Act'' or the ``REAADI for Disasters
Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) In the United States, according to the Centers for
Disease Control and Prevention, there are more than 61,000,000
adults who are individuals with disabilities and, according to
the Bureau of the Census, there are more than 54,000,000 adults
age 65 or older.
(2) There have been more than 145 hurricanes, resulting in
over 2,000 deaths, in the United States since 2000.
(3) The National Oceanic and Atmospheric Administration
estimates that--
(A) the cumulative damage from weather- and
climate-related disasters in 2022 cost the United
States over $165,000,000,000; and
(B) 18 of the disasters in 2022 cost over
$1,000,000,000 each.
(4) Individuals with disabilities and older adults have
been found to die at higher rates, compared to the general
population, during disasters.
(5) According to the Federal Emergency Management Agency,
in 2022--
(A) the United States experienced 90 declared
disasters affecting more than 54,000,000 people; and
(B) more than 16,000,000 of those people were
adults who were individuals with disabilities.
(6) Failure to provide accessibility for, or plan for
accommodating, individuals with physical or sensory
disabilities, chronic illness, or mental disabilities decreases
the ability of those individuals to evacuate prior to or during
a disaster.
(7) Households of individuals with disabilities are more
likely to need assistance and are less likely to be able to
evacuate in advance of disasters.
(8) Less than a third of individuals with intellectual
disabilities and individuals needing personal care attendants
have planned with their personal care providers what to do in a
disaster.
(9) Evacuation information, including orders, is not
uniformly communicated in ways and via media that are
accessible to individuals with disabilities, including being
communicated in ways that lack use of American Sign Language,
captions, and plain language on websites, instructional
materials, and television and radio announcements.
(10) Displaced individuals with disabilities served in
general population shelters have better access to information
and material resources than individuals with disabilities in
specially designed shelters.
(11) Despite better access to information and resources,
personnel in general population shelters often do not have the
resources or training to address the needs of individuals with
disabilities and older adults.
(12) Public shelters often do not have disability-related
accommodations, often forcing individuals with disabilities and
older adults to be segregated, sometimes apart from their
families and natural supports during disasters.
(13) Households with individuals with disabilities sustain
more costly property damage from disasters than households
without individuals with disabilities.
(14) Historically, disaster-related recommendations for
individuals with disabilities and older adults have been
typically aimed at caregivers and service providers, not
individuals with disabilities and older adults themselves.
(15) Thousands of individuals with disabilities have been
denied their civil rights because they do not receive
accessible notice during disasters--
(A) of spoken instructions via phone or video; or
(B) of instructions regarding evacuations,
sheltering, and other procedures during disasters.
(16) Disaster shelters and services do not routinely have
American Sign Language interpreters nor procedures written or
presented in plain language.
(17) Individuals with disabilities and older adults are
more at risk for loss of life, loss of independence, or
violation of civil rights than the general population during
times of disasters, response, and recovery.
(b) Sense of Congress.--It is the sense of Congress that--
(1) individuals with disabilities and older adults should
be supported during times of disasters, and during disaster
preparedness, response, recovery, and mitigation in order to--
(A) ensure maintenance of and access to services
and supports; and
(B) enable those individuals and adults to return
to their communities in a timely manner as compared
with the general population;
(2) during the recovery and mitigation phases of disaster
response, all buildings and services should be designed, and
constructed or reconstructed, according to principles of
universal design and to the standards established by the
Architectural and Transportation Barriers Compliance Board in
order to ensure access for individuals with disabilities, older
adults, and all individuals;
(3) individuals with disabilities and older adults should
have access to shelters and other services during disasters in
the same locations and settings as the general population;
(4) individuals with disabilities and older adults should
receive information about preparation for, response to,
recovery from, and mitigation of disasters in formats
accessible to them, including in American Sign Language,
Braille, and plain language, as well as captioned video
messages;
(5) individuals with disabilities and older adults must be
included as key speakers, essential stakeholders, and
decisionmakers in the preparation (including planning),
response, recovery, and mitigation phases of disasters;
(6) local, State (including territorial), Tribal, and
Federal disaster planning must include robust representation of
individuals with disabilities and older adults; and
(7) individuals with disabilities and older adults must be
included in the evaluation of governmental, VOAD, and other
nongovernmental preparation (including planning), response,
recovery, and mitigation of disasters.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) improve the inclusion of individuals with disabilities
and older adults in the preparation for, response to, recovery
from, and mitigation of disasters;
(2) ensure that individuals with disabilities and older
adults with disabilities are free from discrimination on the
basis of disability or age in programs and activities, are
protected during and included in all phases of disaster
preparation, response, recovery, and mitigation;
(3) ensure compliance with the Americans with Disabilities
Act of 1990, the Rehabilitation Act of 1973, and other
disability laws during preparation for, response to, recovery
from, and mitigation of disasters;
(4) improve coordination among the communities of
individuals with disabilities and older adults, including
multiply marginalized BIPOC and LGBTQ+ communities, government
agencies, centers for independent living, VOADs, and other
nongovernmental organizations, including organizations that
represent and are comprised of covered individuals; in
preparing (including planning) for, responding to, recovery
from, and mitigation of disasters;
(5) improve outcomes for all individuals, including
individuals with disabilities and older adults, who are
affected by disasters, and increase community resilience in
responding to disasters; and
(6) enact into Federal law standards of care and standards
for protection of civil rights, for older adults and people
with disabilities, to be applied for disasters and public
health emergencies.
SEC. 4. DEFINITIONS.
In this Act:
(1) Access and functional needs.--The term ``access and
functional needs'', used with respect to an individual, means
an individual with needs such as--
(A) an individual with a disability;
(B) an older adult;
(C) an individual with limited English proficiency;
(D) an individual with limited access to
transportation that would enable the individual to
prepare for, respond to, recover from, and mitigate a
disaster; or
(E) an individual with limited access to the
financial resources that would enable the individual to
prepare for, respond to, recover from, and mitigate a
disaster.
(2) All hazards approach.--The term ``all hazards
approach'' means planning for natural, technological, or human-
caused incidents that warrant action to--
(A) protect life, property, the environment, or the
public health or safety; and
(B) minimize disruptions of school activities.
(3) Civil rights.--The term ``civil rights'', used with
respect to an individual, means the existing (as of the date of
enactment of this Act) legal rights of an individual to be free
from discrimination on the basis of disability or age in
programs and activities.
(4) Covered individual.--The term ``covered individual''
means an individual with a disability, an older adult, and an
individual with access and functional needs.
(5) Disability inclusive emergency management experience.--
The term ``disability inclusive emergency management
experience'', used with respect to an individual or entity--
(A) means an individual or entity that has--
(i) demonstrated disability leadership
experience, including working with
nongovernmental entities; and
(ii) subject matter expertise in leading
disability inclusive preparedness, response,
recovery, and mitigation initiatives that focus
on meeting the civil rights of covered
individuals who are affected by disasters, to
be free from discrimination on the basis of
disability or age in programs and activities;
and
(B) includes an individual or entity that has
demonstrated favorable outcomes that measure the
effective communication access, physical access,
program access, health, safety, and independence of
individuals affected by disasters and their
communities.
(6) Disaster.--The term ``disaster'' means an emergency or
major disaster (as such terms are defined under section 102 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122)) that results in severe property damage,
deaths, or multiple injuries.
(7) Disaster services.--The term ``disaster services''
means the process of responding to a disaster and providing
humanitarian aid to individuals and communities who are
affected by a disaster.
(8) Disproportionately affected.--The term
``disproportionately affected'', used with respect to a group,
means a group of individuals with protected status, including
individuals with disabilities or older adults, who are
excessively adversely affected by disaster-related harms.
(9) Indian tribal government.--The term ``Indian Tribal
government'' has the meaning given the term ``Indian tribal
government'' in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(10) Individual with a disability.--
(A) Single.--The term ``individual with a
disability'' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(B) Plural.--The term ``individuals with
disabilities'' means more than one individual with a
disability, as defined in subparagraph (A).
(11) Older adult.--The term ``older adult'' means a
resident who is age 50 or older.
(12) Public health emergency.--The term ``public health
emergency'' means a public health emergency declared under
section 319 of the Public Health Service Act (42 U.S.C. 247d).
(13) Resident.--The term ``resident'' means--
(A) in the case of an individual receiving
assistance through an Indian Tribal Government or other
Indian entity, a resident of an area or member of a
community governed by an Indian Tribal Government; and
(B) in the case of an individual not described in
subparagraph (A), a resident of a State that is not an
Indian Tribal Government.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) State.--The term ``State'' means any of the 50 States,
an Indian Tribal Government, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(16) Visitability standards.--The term ``visitability
standards'' means standards for Type C (Visitable) Units under
the Standards for Accessible and Usable Buildings and
Facilities (ICC A117.1-2009), or any successor standards, of
the American National Standards Institute.
(17) VOAD.--The term ``VOAD'' means a nongovernmental
organization assisting in disaster preparation, recovery,
response, or mitigation.
SEC. 5. USE OF DISASTER RESPONSE FUNDS.
Section 615 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196d) is amended--
(1) by striking ``Funds made available'' and inserting the
following:
``(a) Definitions.--In this section:
``(1) Access and functional needs.--The term `access and
functional needs', used with respect to an individual, means an
individual with needs such as--
``(A) an individual with a disability;
``(B) an older adult;
``(C) an individual with limited English
proficiency;
``(D) an individual with limited access to
transportation that would enable the individual to
prepare for, respond to, or recover from, and mitigate
an emergency or major disaster; or
``(E) an individual with limited access to the
financial resources that would enable the individual to
prepare for, respond to, recover from, or mitigate an
emergency or major disaster.
``(2) Center for independent living.--The term `center for
independent living' has the meaning given that term in section
702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).
``(3) Covered recipient.--
``(A) In general.--The term `covered recipient'
means a direct or indirect recipient of funds made
available under this title for a covered use of funds.
``(B) Exclusion.--The term `covered recipient' does
not include individuals or households.
``(4) Covered use of funds.--The term `covered use of
funds' means the use of funds for the preparation for, response
to, recovery from, or mitigation of hazards.
``(5) Individual with a disability.--
``(A) Single.--The term `individual with a
disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(B) Plural.--The term `individuals with
disabilities' means more than one individual with a
disability, as defined in subparagraph (A).
``(6) Older adult.--The term `older adult' means an
individual who is age 50 or older.
``(7) Visitability standards.--The term `visitability
standards' means standards for Type C (Visitable) Units under
the Standards for Accessible and Usable Buildings and
Facilities (ICC A117.1-2009), or any successor standards, of
the American National Standards Institutes.
``(b) Use of Funds Generally.--Funds made available''; and
(2) by adding at the end the following:
``(c) Advisory Committees.--A covered recipient shall ensure that
an advisory committee that includes individuals with disabilities,
older adults, and other individuals with access and functional needs
shall oversee the use of funds made available under this title to the
covered recipient.
``(d) Compliance With Disability Laws.--A covered recipient shall
use funds made available under this title in accordance with the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
``(e) Centers for Independent Living.--A covered recipient may
contract with 1 or more centers for independent living to--
``(1) prepare for hazards;
``(2) provide personal assistance services during response
and recovery periods;
``(3) identify accessible emergency shelters and adapt
emergency shelters to be accessible;
``(4) develop accessible media, including media using
American Sign Language; and
``(5) meet other needs for individuals with disabilities,
older adults, and individuals with access and functional needs.
``(f) Contractors.--A nongovernmental organization that enters into
a contract with a covered recipient relating to a covered use of funds
shall comply with the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) in providing property or services under the contract.
``(g) Communications.--Communications relating to a covered use of
funds by a covered recipient shall be made available in languages,
including American Sign Language and other sign languages, used in the
communities receiving the communications.
``(h) Accessibility.--A covered recipient shall ensure each
facility or service made available in connection with a covered use of
funds is accessible to individuals with disabilities, older adults, and
other individuals with access and functional needs, including--
``(1) notifications relating to a hazard;
``(2) evacuation notifications;
``(3) notifications relating to disaster services; and
``(4) emergency shelters.
``(i) Visitability.--A covered recipient that, as part of a covered
use of funds, constructs or prepares dwelling units (including sleeping
units) shall ensure that the dwelling units meet visitability
standards.''.
SEC. 6. TRAINING, TECHNICAL ASSISTANCE, AND RESEARCH DISABILITY AND
DISASTER CENTERS.
(a) Purpose.--The purpose of this section is to provide financial
support to eligible entities to create centers through which the
eligible entities will--
(1) provide training and technical assistance to State,
local, Tribal, and territorial disaster relief, public health,
and social service agencies in the implementation and
enhancement of systemic and effective engagement policies,
programs, and activities that ensure--
(A) that the needs and civil rights of covered
individuals are addressed and implemented throughout
all phases of disaster preparation, response, recovery,
and mitigation; and
(B) the inclusion of covered individuals in the
development of all State, local, Tribal, and
territorial disaster preparation plans;
(2) assist Federal, State, local, Tribal, and territorial
disaster relief agencies in the coordination and integration of
Federal, State (including territorial), local, and Tribal
services and programs to serve covered individuals in the least
restrictive environment appropriate to their needs during a
disaster;
(3) conduct research and expand knowledge about covered
individuals and their experiences during the preparation,
response, recovery, and mitigation phases of disasters; and
(4) discover, through research, and disseminate knowledge
about, the most effective methods for--
(A) protecting the civil rights of covered
individuals during times of disasters;
(B) including covered individuals in all phases of
disaster preparation, response, recovery, and
mitigation;
(C) reducing their deaths, injuries and losses from
disasters;
(D) reducing the displacement and disproportionate
effects of relocation after a disaster, including
financial and social effects, on covered individuals;
and
(E) ensuring covered individuals are participants
in the research, development, and distribution of
evidence-based information regarding disasters.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity or partnership of entities that--
(A) submits an application to the Secretary in
accordance with subsection (e);
(B) is or includes an institution (which may be an
institution of higher education), or a nongovernmental
organization, that focuses on--
(i) serving the needs of individuals with
disabilities; or
(ii) serving the needs of older adults;
(C) in the case of an entity or partnership with a
disability focus, has a cross-disability service focus;
(D) has experience in conducting training,
technical assistance, and research pertaining to
consumer-directed community support services for
covered individuals;
(E) includes covered individuals in positions of
leadership in the planning, management, and operation
of the programs of training, technical assistance, and
research;
(F) has knowledge and experience pertaining to the
implementation and enhancement of systemic and
effective engagement policies, programs, and activities
that promote the inclusion, needs, and civil rights of
covered individuals in preparation for, response to,
recovery from, and mitigation of disasters; and
(G) has, or will establish, an advisory council or
similar entity, of which at least 51 percent of the
members are covered individuals.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Stakeholder group.--The term ``stakeholder group''
means a group of individuals and organizations that--
(A) is committed to disability inclusive and older
adult inclusive disaster management;
(B) includes covered individuals throughout
preparedness, response, recovery, and mitigation
activities;
(C) has leaders that include covered individuals;
(D) has a governing or advisory board, of which at
least half of the members are covered individuals; and
(E) has a mission to inclusively serve covered
individuals.
(c) Authority for Grants.--The Secretary may award grants, on a
competitive basis, to eligible entities, to provide for--
(1) activities that include covered individuals in the
preparation (including planning) for, response to, recovery
from, and mitigation of disasters; and
(2) except as described in subsection (d)(2), research
related to disasters and covered individuals.
(d) Amount and Period of Grants.--
(1) Amount.--In awarding grants under this section, the
Secretary shall, to the extent practicable, award a grant to an
eligible entity in an amount that is not less than $2,500,000
and not more than $10,000,000.
(2) Distribution.--The Secretary shall award not fewer than
2 of the grants in each of the 10 Federal regions of the
Department of Health and Human Services. At least 1 grant in
each region shall be awarded to an eligible entity exclusively
to conduct training and technical assistance described in
paragraphs (1) and (2) of subsection (a).
(3) Periods.--The Secretary shall award the grants for
periods of 5 years, through an open competition held at the end
of each 5-year period. Eligible entities that receive grants
under this section may reapply for such grants at the end of
the periods.
(e) Applications.--
(1) Submissions.--To be eligible to receive a grant under
this section, an entity shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require.
(2) Contents.--Each such application shall include, at a
minimum, the following:
(A) A description of the applicant's demonstrated
experience in providing training, information, and
support to individuals with disabilities in preparing
for, responding to, recovering from, and mitigating
disasters.
(B) A description of the applicant's demonstrated
experience in providing training, information, and
support to older adults in preparing for, responding
to, recovering from, and mitigating disasters.
(C) A description of the applicant's demonstrated
experience in working with Federal, State, local,
Tribal, and territorial government agencies in
preparing for, responding to, recovering from, and
mitigating disasters.
(D) A description of the steps the applicant,
acting through the center, will take to target services
to low-income individuals and individuals identified as
disproportionately affected in disasters, including
those individuals at greatest risk of
institutionalization.
(E) An assurance that the applicant, acting through
the center, will--
(i) work with State, local, Tribal, and
territorial disaster relief, public health, and
social service agencies to determine the best
means for delivery of services to address the
needs of covered individuals;
(ii) assist in establishing State, local,
Tribal, and territorial disaster plans to
address the needs of both rural and urban
populations;
(iii) in carrying out activities under the
grant, conduct sufficient outreach to centers
for independent living, VOADs, and other
nongovernmental organizations, including
organizations that represent and are comprised
of covered individuals;
(iv) include covered individuals in a
meaningful way in the development and execution
of activities carried out under the grant;
(v) provide adequate staff, including staff
who are individuals with disabilities, to carry
out the activities under the grant; and
(vi) communicate information on the
programs and systems developed under the grant,
in accessible formats and languages, including
American Sign Language, of the communities
being served.
(f) Priority.--In awarding grants for activities described in this
section, the Secretary shall give priority to eligible entities that--
(1) demonstrate a minimum of 3 years of experience in
actively conducting disability inclusive and older adult
inclusive disaster management;
(2) propose activities to address the preparedness,
response, recovery, and mitigation needs of covered
individuals;
(3) propose activities to address leadership development in
State, local, Tribal, and territorial agencies and covered
individual advocacy organizations;
(4) includes covered individuals in positions of leadership
in the planning, management, and operation of the activities
carried out under this section;
(5) demonstrate ability to provide training that prevents
bias due to disability or age, and that uses experiential
approaches and does not rely on simulations;
(6) demonstrate expertise concerning the obligation to
prevent discrimination against covered individuals on the basis
of disability and age in programs and provide activities and
specific plans for achieving and maintaining physical access,
program access, and effective communication for covered
individuals throughout all grant activities;
(7) demonstrate that the eligible entity involved will use
measurable collaboration and partnership strategies with State,
local, Tribal, and territorial agencies, centers for
independent living, VOADs, and other nongovernmental
organizations, including organizations that represent and are
comprised of covered individuals;
(8) demonstrate that the eligible entity will use
measurable disaster outcomes strategies in carrying out grant
activities;
(9) demonstrate the ability to quickly create products,
such as videos, fact sheets, guidelines, and checklists, to be
used in disaster management;
(10) employ constituents of the entity in decisionmaking
positions;
(11) provide disability inclusive and older adult inclusive
disaster management leadership skills development;
(12) demonstrate awareness of available resources in the
community for meeting the preparedness, response, recovery, and
mitigation needs of covered individuals; and
(13) demonstrate expertise in promoting the use of
universal design (as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)), the philosophy of
independent living (within the meaning of that philosophy in
title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796 et
seq.)), intersectionality imperatives, and the social model of
disability.
(g) Use of Funds.--
(1) In general.--Grant funds made available under this
section shall be used only for activities described in and
approved by the Secretary as a part of an application submitted
under subsection (e), to carry out--
(A) a strategy designed to ensure the inclusion of
covered individuals in the preparation (including
planning) for, response to, recovery from, and
mitigation of disasters; and
(B) research to enhance the activities described in
subparagraph (A), using not more than 25 percent of the
grant funds to carry out that research.
(2) Activities.--Such activities may include initiatives
that provide comprehensive training, technical assistance,
development of funding sources, and support to State, local,
Tribal, and territorial disaster relief, public health, and
social service agencies and stakeholder groups, in order to
ensure that, in carrying out disaster management planning and
programs, the agencies and groups address the inclusion, civil
rights, and needs of covered individuals by--
(A) hiring personnel with direct knowledge of and
experience with meeting the civil rights of covered
individuals to be free from discrimination on the basis
of disability or age in programs and activities;
(B) training staff of State, local, Tribal, and
territorial disaster relief, public health, and social
service agencies on the needs and civil right of
covered individuals, preferably through training by
experts who are, collectively, individuals with
disabilities and older adults;
(C) creating partnerships between eligible
entities, State, local, Tribal, and territorial
disaster relief, public health, and social service
agencies, centers for independent living, VOADs, and
other nongovernmental organizations, including
organizations that represent and are comprised of
covered individuals;
(D) assisting in the development and
implementation, in partnership with State, local,
Tribal, and territorial disaster relief, public health,
and social service agencies, of plans that will provide
for a continuum of services to remove barriers to full
engagement for covered individuals during a disaster
and in preparedness (including planning) for, response
to, recovery from, and mitigation of a disaster;
(E) assisting in the creation of standards and
identification of funding sources for rebuilding
disaster-damaged housing and new housing that is
accessible, affordable, and disaster-resilient;
(F) assisting in the creation of standards for
homeowner and flood insurance coverage for rebuilding
disaster-damaged housing and new housing that is
accessible, affordable, and disaster-resilient;
(G) establishing universal design and accessibility
standards, and establishing specifications for
visitability (based on the visitability standards), for
achieving and maintaining equal access for covered
individuals throughout all hazard mitigation and
disaster resilience activities;
(H) establishing initiatives to increase new and
transferred technology and innovations to solve
notification, evacuation, health maintenance, and other
barriers for covered individuals before, during, and
after disasters; and
(I) conducting research, in partnership with
covered individuals, that will contribute to knowledge
and strategies to--
(i) decrease injuries, deaths, and harm to
covered individuals;
(ii) create inclusive disaster
preparedness, recovery, response, and
mitigation strategies for State, local, Tribal,
and territorial agencies, centers for
independent living, VOADs, and other
nongovernmental organizations, including
organizations that represent and are comprised
of covered individuals;
(iii) preserve community living options and
access to needed services and supports for
covered individuals during post-disaster
periods; and
(iv) conduct longitudinal studies that
create and maintain datasets to assist in the
understanding of Federal, State, local, Tribal,
and territorial policies designed to reduce the
negative impact of disasters on covered
individuals and protect the civil right of
covered individuals to be free from
discrimination on the basis of disability or
age in programs and activities.
(3) Standards and guidelines.--The Secretary shall
establish standards and guidelines for activities supported by
a grant under this section. Such standards and guidelines shall
be developed with the input of stakeholder groups. In a
situation in which a refinement or adaptation of the standards
or guidelines is made necessary by a local circumstance, the
Secretary shall enter into negotiations with an eligible entity
applying for such a grant for a project in the affected area,
to refine or adapt the standards and guidelines for the
project.
(h) Individual Rights.--Notwithstanding any other provision of this
section, no entity, agency, or group assisted under this section shall
take any action that infringes in any manner on the civil right of
covered individuals to be free from discrimination on the basis of
disability or age in programs and activities.
(i) Reports.--Not later than January 31 of fiscal years 2026 and
2028, the Secretary shall submit to Congress a report describing the
activities carried out under this section during the preceding 2 fiscal
years.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2024 through 2028.
SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity or partnership of entities that--
(A) submits an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may reasonably require;
(B) is or includes an institution (which may be an
institution of higher education), or a nongovernmental
organization, that focuses on--
(i) serving the needs of individuals with
disabilities; or
(ii) serving the needs of older adults;
(C) in the case of an entity or partnership with a
disability focus, has a cross-disability service focus;
(D) has experience in conducting training,
technical assistance, and research pertaining to
consumer-directed community support services for
covered individuals;
(E) includes covered individuals in positions of
leadership in the planning, management, and operation
of the programs of training, technical assistance, and
research;
(F) has knowledge and experience pertaining to the
implementation and enhancement of systemic and
effective engagement policies, programs, and activities
that promote the inclusion, needs, and civil right of
covered individuals in preparation for, response to,
recovery from, and mitigation of disasters; and
(G) has, or will establish, an advisory council or
similar entity, of which at least 51 percent of the
members are covered individuals.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 6(b).
(b) Grants, Contracts, and Cooperative Agreements.--
(1) In general.--The Secretary shall award grants to, or
enter into contracts or cooperative agreements with, eligible
entities on a competitive basis to carry out projects of
national significance that--
(A) create opportunities for individuals with
disabilities and older adults to directly contribute to
improving preparation for, recovery from, response to,
and mitigation of disasters;
(B) support the development of State, local,
Tribal, and territorial policies that reinforce and
promote the inclusion of individuals with disabilities
and older adults in Federal, State, local, Tribal, and
territorial community preparation for disasters; and
(C) support research that--
(i) tracks, in the short-term and long-
term, the effects of disasters on individuals
with disabilities and older adults;
(ii) identifies evidence-based practices
that enhance inclusion of individuals with
disabilities and older adults to participate in
and lead preparation for disasters at Federal,
State, local, Tribal, and territorial levels;
(iii) leads to the creation of strategies
and procedures to implement community level
practices that decrease deaths, injuries, and
harm resulting from disasters to individuals
with disabilities and older adults;
(iv) contributes to the protection of the
civil right of covered individuals with
disabilities and older adults to be free from
discrimination on the basis of disability or
age in programs and activities, and self-
determination of those individuals and adults,
while also promoting their safety and well-
being during and following disasters;
(v) contributes to the development of
Federal, State, local, Tribal, and territorial
policies that enhance collaboration among
governmental entities, centers for independent
living, VOADs, and other nongovernmental
organizations, including organizations that
represent and are comprised of covered
individuals, to improve the inclusion of
covered individuals in preparation for,
response to, recovery from, and mitigation of
disasters; and
(vi) contributes to other efforts, as
determined by the Secretary, to advance the
purposes of this section.
(2) Amount, quantity, and duration.--In awarding grants or
entering into contracts or cooperative agreements under this
section, the Secretary shall--
(A) to the extent practicable, ensure that each
such grant, contract, or cooperative agreement is for
an amount that is not less than $2,500,000 and not more
than $10,000,000;
(B) award or enter into not less than 4 grants,
contracts, or cooperative agreements; and
(C) ensure that each such grant, contract, or
cooperative agreement is for a period of not less than
3 years and not more than 5 years.
SEC. 8. CRISIS STANDARDS OF CARE AND CIVIL RIGHTS LAWS.
(a) Standards of Care.--States and local governmental entities
shall develop crisis standards of care for implementation during the
period of a disaster or public health emergency pursuant to the
nondiscrimination requirements under--
(1) section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794); and
(2) section 1557 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18116).
(b) Inclusions.--In developing and implementing crisis standards of
care in accordance with subsection (a), States and local governmental
entities shall comply with:
(1) The crisis standards of care described in the guidance
issued by the Office for Civil Rights of the Department of
Health and Human Services entitled ``Bulletin: Civil Rights,
HIPAA, and the Coronavirus Disease 2019 (COVID-19)'' and dated
March 28, 2020, and any best practices developed by the Office
of Civil Rights pursuant to such guidance.
(2) The following requirements:
(A) States and local governmental entities may not
develop or implement potentially discriminatory
policies that negatively affect covered individuals or
children. Such policies may address the application of
crisis standards of care in resource-constrained
settings during disasters and public health
emergencies.
(B) During disasters and public health emergencies,
civil rights may not be suspended or waived.
(C) Crisis standards of care shall reflect that
every human being has fundamental and inherent dignity,
equity, and worth, and has a right to be treated
equally and fairly in the provision of health care
services under Federal civil rights laws.
(D) Crisis standards of care shall be sufficiently
clear to allow practitioners to apply such standards of
care, especially when stewarding of scare resources
means withholding or withdrawing critical care
services. Such standards of care shall reflect the
values, wishes, and interest of all patients,
especially covered individuals and children.
(E) States and local governmental entities shall
partner with, and work to ensure strong public
engagement of, community and provider stakeholders,
with particular attention to the needs of covered
individuals and children.
(F) States and local governmental entities shall
use ethically and clinically sound planning to secure
equitable allocation of resources and fair protections
for covered individuals and children.
(G) States and local governmental entities shall
develop specific response measures to meet the needs of
covered individuals and children.
(H) States and local governmental entities shall
seek to eliminate the use of class, race, ethnicity,
neighborhood, disability, and age in decisions relating
to access of care.
SEC. 9. NATIONAL ADVISORY COMMITTEE ON INDIVIDUALS WITH DISABILITIES
AND DISASTERS.
Section 2811C of the Public Health Service Act (42 U.S.C. 300hh-
10d) is amended--
(1) in subsection (c)--
(A) in paragraph (1), in the first sentence, by
striking ``17 members'' and inserting ``45 members'';
(B) in paragraph (2), by adding at the end the
following:
``(N) 11 members, representing the disability
community and reflecting the diverse characteristics of
its members, who shall--
``(i) represent individuals with
disabilities with a wide variety of disaster
experiences, including cross-disability
representation;
``(ii) be geographically diverse;
``(iii) be ethnically and racially diverse;
``(iv) be of diverse ages, and include
older adults;
``(v) represent both genders, and include
members that represent a variety of sexual
orientations and gender identities;
``(vi) include veterans; and
``(vii) be linguistically diverse.
``(O) 1 representative from each of--
``(i) a coastal State emergency management
agency with an employee in a position with
established duties relating to integration of
individuals with disabilities or to addressing
access and functional needs;
``(ii) a noncoastal State emergency
management agency with an employee in a
position described in clause (i);
``(iii) a Tribal emergency management
agency with an employee in a position described
in clause (i);
``(iv) a territorial emergency management
agency with an employee in a position described
in clause (i);
``(v) a nongovernmental organization
providing disaster preparedness and response
services;
``(vi) a local urban disaster management
entity, which representative has disability
inclusive emergency management experience;
``(vii) a local rural disaster management
entity, which representative has disability
inclusive emergency management experience;
``(viii) a local disability organization
with a cross-disability focus;
``(ix) a State disability organization with
a cross-disability focus;
``(x) a national disability organization
with a cross-disability focus;
``(xi) a national older adults
organization;
``(xii) the Council of the Inspectors
General on Integrity and Efficiency;
``(xiii) a low-income housing organization,
who has expertise in the civil rights of
disaster-affected covered individuals; and
``(xiv) a representative of a legal
services agency with expertise in the civil
rights of disaster-affected covered
individuals.
``(P) The Secretary of Transportation.
``(Q) The Director of Disability Policy for the
Domestic Policy Council.''; and
(C) by adding at the end the following:
``(3) Definitions.--In this subsection, the terms `access
and functional needs', `civil rights', `covered individual',
`disability inclusive emergency management experience',
`disaster', `individuals with disabilities', `older adult', and
`State' have the meanings given the terms in section 4 of the
REAADI for Disasters Act.'';
(2) by redesignating subsection (g) as subsection (h);
(3) by inserting after subsection (f) the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for each of fiscal
years 2024 through 2027.''; and
(4) in subsection (h), as so redesignated--
(A) in paragraph (1), by striking ``on September
30, 2023'' and inserting ``4 years after the date of
enactment of the REAADI for Disasters Act''; and
(B) in paragraph (2), by striking ``October 1,
2022'' and inserting ``2 years after the date of
enactment of the REAADI for Disasters Act''.
SEC. 10. REVIEW OF SETTLEMENT AGREEMENTS RELATED TO DISASTERS AND
INDIVIDUALS WITH DISABILITIES AND OLDER ADULTS.
(a) Definitions.--In this section:
(1) Chief of the disability rights section.--The term
``Chief of the Disability Rights Section'' means the Chief of
the Disability Rights Section of the Civil Rights Division of
the Department of Justice.
(2) Committee.--The term ``Committee'' means the Disability
and Disaster Preparedness Advisory Committee established under
subsection (b).
(3) Covered committee of congress.--The term ``covered
committee of Congress'' means--
(A) the Committee on Health, Education, Labor, and
Pensions and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Transportation and
Infrastructure, the Committee on Education and the
Workforce, and the Committee on Energy and Commerce of
the House of Representatives.
(4) Covered settlement agreement.--The term ``covered
settlement agreement'' means a settlement agreement--
(A) entered into by the United States during the
period beginning on January 1, 2005, and ending on the
first December 31 after the date of enactment of this
Act; and
(B) that relates to a potential violation of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) in connection with the preparation for,
response to, recovery from, or mitigation of a
disaster.
(b) Establishment of Committee.--There is established an advisory
committee, to be known as the ``Disability and Disaster Preparedness
Advisory Committee'' to review covered settlement agreements.
(c) Membership.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Attorney General shall appoint the
members of the Committee, which shall include--
(A) employees of the Department of Justice; and
(B) not less than 3 disability rights advocates
who--
(i) are not employees of the Federal
Government;
(ii) are individuals with disabilities; and
(iii) have disability inclusive emergency
management experience.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the Committee shall be
appointed for the life of the Committee.
(B) Vacancies.--Any vacancy in the Committee--
(i) shall not affect the powers of the
Committee; and
(ii) shall be filled in the same manner as
the original appointment.
(3) Chairperson and vice chairperson.--The members of the
Committee shall elect a Chairperson and a Vice Chairperson from
among the members, not less than 1 of whom shall be a member
appointed under paragraph (1)(B).
(4) Meetings.--
(A) In general.--The Committee shall meet at the
call of the Chairperson.
(B) Quorum.--A majority of the members of the
Committee shall constitute a quorum, but a lesser
number of members may hold hearings.
(d) Duties.--The Committee shall--
(1) conduct a review of each covered settlement agreement;
(2) review annual reports and recommendations provided to
each covered committee of Congress relating to addressing the
needs of covered individuals in the preparation for, response
to, recovery from, or mitigation of a disaster;
(3) not later than 1 year after the date of enactment of
this Act, submit a report containing the findings and
recommendations of the Committee to--
(A) each covered committee of Congress;
(B) any other entity of Congress with jurisdiction
over matters relating to addressing the needs of
covered individuals in the preparation for, response
to, recovery from, or mitigation of a disaster;
(C) the Attorney General;
(D) the Secretary of Education;
(E) the Secretary of Homeland Security;
(F) the Secretary of Health and Human Services;
(G) the Secretary of Transportation; and
(H) the President, through the Director of
Disability Policy for the Domestic Policy Council; and
(4) provide the comments and recommendations described in
section 10(b)(2).
(e) Powers of Committee.--
(1) Hearings.--The Committee may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers advisable to
carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Committee may secure directly
from any Federal department or agency such information
as the Committee considers necessary to carry out this
section.
(B) Furnishing information.--On request of the
Chairperson of the Committee, the head of the
department or agency shall furnish the information to
the Committee.
(C) Disability rights section.--The Chief of the
Disability Rights Section shall submit to the Committee
a report on the oversight of covered settlement
agreements a sufficient period of time before the date
specified in subsection (d)(3) to allow the Committee
to review the report and include the report of the
Chief of the Disability Rights Section in the report of
the Committee under subsection (d)(3).
(3) Postal services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(f) Committee Personnel Matters.--
(1) Compensation of members.--
(A) In general.--A member of the Committee who is
not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which the member is
engaged in the performance of the duties of the
Committee.
(B) Federal members.--A member of the Committee who
is an officer or employee of the United States shall
serve without compensation in addition to that received
for service as an officer or employee of the United
States.
(2) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their home or regular places of business
in the performance of services for the Committee.
(3) Staff.--
(A) In general.--The Chairperson of the Committee
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as may be necessary to enable the Committee to perform
the duties of the Committee, except that the employment
of an executive director shall be subject to
confirmation by the Committee.
(B) Compensation.--The Chairperson of the Committee
may fix the compensation of the executive director and
other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay
for the executive director and other personnel may not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of that title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Committee may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of that
title.
(g) Termination of Committee.--The Committee shall terminate 90
days after the date on which the Committee submits the report required
under subsection (d)(3).
(h) Reports by Disability Rights Section.--On and after the date on
which the Committee submits the report required under subsection
(d)(3), the Chief of the Disability Rights Section shall publish an
annual report on the oversight of settlement agreements relating to
disaster preparation, response, recovery, and mitigation activities.
SEC. 11. GAO REPORT ON PAST USE OF DISASTER FUNDS.
(a) Investigation.--Not later than 60 days after the date of
enactment of this Act, the Comptroller General of the United States
shall begin to conduct an investigation of whether, on or after January
1, 2005, Federal agencies have complied with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), in expending
Federal funds to prepare for, respond to, recover from, or mitigate
disasters, including whether and, if so, how such funds were used to
ensure accessibility to services and supports for individuals with
disabilities and older adults.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall, in
accordance with paragraph (2), issue a report on the
investigation conducted under subsection (a), along with
recommendations for remediation of any misexpenditures
identified.
(2) Review.--
(A) In general.--Prior to issuing the report under
paragraph (1), the Comptroller General shall obtain
comments and recommendations on a draft version of the
report, including the recommendations described in
subparagraph (B), from the National Advisory Committee
on Individuals with Disabilities and Disasters
established under section 2811C of the Public Health
Service Act (42 U.S.C. 300hh-10d) and the Disability
and Disaster Preparedness Advisory Committee
established under section 9(b) (referred to in this
paragraph as the ``Committees''), and any other agency
determined appropriate by the Secretary.
(B) Committee recommendations on additional
sources.--The recommendations obtained under
subparagraph (A) shall include recommendations from the
Committees regarding additional sources the Comptroller
General may interview for purposes of the investigation
under subsection (a).
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