Real Emergency Access for Aging and Disability Inclusion for Disasters Act or the REAADI for Disasters Act
This bill establishes programs and requirements to assist individuals with disabilities and the elderly with disaster preparedness.
The Department of Health and Human Services (HHS) shall award disaster response grants to eligible entities to carry out projects to create opportunities for disabled individuals and older adults to contribute to disaster response and mitigation.
The bill also establishes the National Commission on Disability Rights and Disasters to address the rights of disabled individuals and older adults throughout the period of preparation for and response to disasters.
The Government Accountability Office must study the compliance of federal agencies with the Americans with Disabilities Act of 1990 in expending funds to support disabled individuals and older adults in responding to and mitigating disasters.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3208 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3208
To ensure that older adults and individuals with disabilities are
prepared for disasters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2019
Mr. Langevin (for himself, Mr. Smith of New Jersey, and Ms. Shalala)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Education and Labor, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
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 47,800,000 adults
age 65 or older.
(2) There have been more than 80 hurricanes, resulting in
thousands of deaths, in the United States since 2005.
(3) The National Oceanic and Atmospheric Administration
estimates that--
(A) the cumulative damage from weather- and
climate-related disasters in 2017 cost the United
States over $300,000,000,000; and
(B) 17 of the disasters in 2017 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
Administration--
(A) more than 48,000,000 people were affected by
hurricanes and wildfires between August and December of
2017; and
(B) more than 12,000,000, or one quarter, of those
peoples were adults who were individuals with
disabilities.
(6) An estimated 70 percent of the deaths attributed to
Hurricane Maria in 2017 were to people age 70 or older.
(7) 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.
(8) Households of individuals with disabilities are more
likely to need assistance and are less likely to be able to
evacuate in advance of disasters.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) Households with individuals with disabilities sustain
more costly property damage from disasters than households
without individuals with disabilities.
(15) 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.
(16) 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.
(17) Disaster shelters and services do not routinely have
American Sign Language interpreters nor procedures written or
presented in plain language.
(18) Individuals with disabilities and older adults are
more at risk for loss of life, loss of independence, and
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 the rights of individuals with disabilities and
older adults, to be free from discrimination on the basis of
disability or age in programs and activities, are protected
during 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, government
agencies, VOADs, and other nongovernmental entities, in
preparing (including planning) for, responding to, recovery
from, and mitigation of disasters; and
(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.
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 rights of the 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 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 any natural
catastrophe (including a hurricane, tornado, or storm, high
water, winddriven water, and a tidal wave, tsunami, earthquake,
volcanic eruption, landslide, mudslide, snowstorm, wildfire, or
drought), technological accident, or human-caused event, 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, such as
individuals with disabilities or older adults, who are
excessively adversely affected by disaster-related harms.
(9) 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).
(10) Older adult.--The term ``older adult'' means a
resident who is age 50 or older.
(11) Resident.--The term ``resident'' means a resident of a
State.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(13) State.--The term ``State'' means any of the 50 States,
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.
(14) 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.
(15) 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) the terms `access and functional needs', `individuals
with disabilities', `older adult', and `visitability standards'
have the meanings given the terms under section 4 of the REAADI
for Disasters Act;
``(2) the term `covered recipient' means a direct or
indirect recipient of funds made available under this title for
a covered use of funds; and
``(3) the term `covered use of funds' means the use of
funds for the preparation for, response to, recovery from, or
mitigation of hazards.
``(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
oversees the use of funds made available under this title by 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 (as defined in
section 702 of the Rehabilitation Act of 1973 (42 U.S.C. 796a)) 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) Accessability.--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,
tribal, and local 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 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, tribal, and local disaster
preparation plans;
(2) assist Federal, State, tribal, and local disaster
relief agencies in the coordination and integration of Federal,
State (including territorial), tribal, and local 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 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) 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 $500,000 and
not more than $2,000,000.
(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.
(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, tribal, and
local 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, tribal, and local
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, tribal,
and local disaster plans to address the needs
of both rural and urban populations;
(iii) in carrying out activities under the
grant, conduct sufficient outreach to 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; and
(v) communicate information on the programs
and systems developed under the grant, in the
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, tribal, and local agencies and covered individual
advocacy organizations;
(4) demonstrate ability to provide training that is about
bias because of disability or age and that uses experiential
approaches and not simulation;
(5) demonstrate expertise concerning the obligation to keep
individuals free from discrimination on the basis of disability
and age in programs and activities and specific plans for
achieving and maintaining physical access, program access, and
effective communication for covered individuals throughout all
grant activities;
(6) demonstrate that the eligible entity involved will use
measurable collaboration and partnership strategies with State,
tribal, and local agencies, VOADs, and other nongovernmental
entities in carrying out grant activities;
(7) demonstrate that the eligible entity will use
measurable disaster outcomes strategies in carrying out grant
activities;
(8) demonstrate the ability to quickly create products,
such as videos, fact sheets, guidelines, and checklists, to be
used in disaster management;
(9) employ constituents of the entity in decisionmaking
positions;
(10) provide disability inclusive and older adult inclusive
disaster management leadership skills development;
(11) demonstrate awareness of available resources in the
community for meeting the preparedness, response, recovery, and
mitigation needs of covered individuals; and
(12) demonstrate expertise in promoting the use of
universal design (as defined in section 3 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, tribal,
and local 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, rights, and needs of
covered individuals by--
(A) hiring personnel with direct knowledge of and
experience with meeting the 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, tribal, and local
disaster relief, public health, and social service
agencies on the needs and rights of covered
individuals, preferably through training by experts who
are individuals with disabilities and experts who are
older adults;
(C) creating partnerships between eligible
entities, State, tribal, and local disaster relief,
public health, and social service agencies, VOADs,
other nongovernmental organizations, and organizations
representing covered individuals;
(D) assisting in the development and
implementation, in partnership with State, tribal, and
local 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 States, Indian
tribes, localities, VOADs, and other
nongovernmental organizations;
(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, tribal, and
local policies designed to reduce the negative
impact of disasters on covered individuals and
protect the rights 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 rights 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 2023 and
2025, 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 $50,000,000 for each of fiscal
years 2021 through 2025.
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 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 half 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 Federal, State,
tribal, and local policies that reinforce and promote
the inclusion of individuals with disabilities and
older adults in Federal, State, tribal, and local
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, tribal, and local 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
rights of 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, tribal, and local policies that
enhance collaboration among governmental
entities, VOADs, and other nongovernmental
entities to improve the inclusion of
individuals with disabilities and older adults
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 $500,000 and not more
than $2,000,000;
(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. NATIONAL COMMISSION ON DISABILITY RIGHTS AND DISASTERS.
(a) Establishment of National Commission on Disability Rights and
Disasters.--There is established the National Commission on Disability
Rights and Disasters (referred to in this section as the
``Commission'').
(b) Membership.--
(1) Total number of members.--The Commission shall include
not more than 36 members.
(2) Appointment.--The members described in subparagraphs
(A) and (B) of paragraph (3) shall be appointed by the
Secretary, after consultation with the Secretary of Homeland
Security.
(3) Members of the commission.--The Commission members
shall include--
(A) 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 disabilities and
disaster experiences;
(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;
(B) 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; and
(C) executive branch representatives consisting
of--
(i) the Secretary of Homeland Security;
(ii) the Secretary of Health and Human
Services;
(iii) the Secretary of Housing and Urban
Development;
(iv) the Administrator of the Federal
Emergency Management Agency;
(v) the Assistant Attorney General for
Civil Rights of the Department of Justice;
(vi) the Chief of the Disability Rights
Section of the Civil Rights Division of the
Department of Justice;
(vii) the Officer for Civil Rights and
Civil Liberties of the Department of Homeland
Security;
(viii) the Assistant Secretary for
Preparedness and Response of the Department of
Health and Human Services;
(ix) the Chairperson of the National
Council on Disability;
(x) the Chairperson of the Architectural
and Transportation Barriers Compliance Board;
and
(xi) the Director of the Office of
Emergency Management of the Veterans Health
Administration of the Department of Veterans
Affairs.
(4) Timing.--The Secretary shall appoint the members of the
Commission described in subparagraphs (A) and (B) of paragraph
(3) not later than 60 days after the date of enactment of this
Act.
(5) Period of appointment.--A member of the Commission
shall be appointed for the life of the Commission. Any vacancy
in the Commission shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment.
(c) Chairperson and Vice Chairperson.--The members of the
Commission shall select a Chairperson and Vice Chairperson from among
the members of the Commission. Both the Chairperson and the Vice
Chairperson shall have extensive disability inclusive disaster
management experience and at least one shall be an individual with a
disability.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson, but not fewer than 12 times before submitting
the final report described in subsection (e)(2).
(2) First meeting.--Not later than 60 days after the date
on which all members of the Commission described in
subparagraphs (A) and (B) of subsection (b)(3) have been
appointed, the Commission shall hold the Commission's first
meeting.
(e) Duties.--
(1) Studies.--The Commission shall--
(A) study--
(i) by conducting a review of, funding used
by Federal agencies for inclusion of covered
individuals in preparation for, response to,
recovery from, and mitigation of, disasters;
(ii) by conducting a review of, performance
of VOADs and other nongovernmental
organizations funded to lead preparedness for,
response to, recovery from, and mitigation of,
disasters;
(iii) by conducting an analysis of, the
displacement, injuries, and deaths of
individuals with chronic health conditions and
covered individuals throughout the period of
disaster response and recovery for disasters--
(I) for which 1 or more Federal
agencies used or made available Federal
funds to assist in preparing for,
responding to, recovering from, or
mitigating a disaster; and
(II) that occurred not earlier than
January 2012 and not later than the
date of enactment of this Act;
(iv) by conducting an analysis of,
protections and violations of civil rights of
covered individuals in national, State, tribal,
territorial, and local disaster preparation,
response, recovery, and mitigation for the
disasters described in clause (iii);
(v) the supports and resources available to
localities from Federal, State, tribal and
territorial disaster response agencies to
ensure inclusion of covered individuals
throughout disaster preparation, response,
recovery, and mitigation;
(vi) the supports and resources available
to localities from Federal and State disaster
response agencies to ensure that the civil
rights of covered individuals are protected
throughout disaster preparation, response,
recovery, and mitigation; and
(vii) the effectiveness of coordination
among Federal, State, tribal, territorial,
local, and nongovernmental organizations
regarding disaster preparation, response,
recovery, and mitigation for covered
individuals, utilizing an all-hazards approach;
and
(B) study--
(i) the protection of the civil rights of
covered individuals during the preparation for,
recovery from, response to, and mitigation of
disasters;
(ii) the inclusion of covered individuals
during Federal, State, tribal, territorial, and
local disaster preparedness, response,
recovery, and mitigation, using an all-hazards
approach;
(iii) whether disaster preparedness,
response, recovery, and mitigation initiatives
and investments are carried out and made in
compliance 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.);
(iv) all community resilience and other
initiatives for which Federal funds were used
or made available by 1 or more Federal agencies
to assist in preparing for, responding to,
recovering from, or mitigating a disaster, and
investments in such initiatives, are carried
out and made in compliance with the the
Americans with Disabilities Act of 1990 and the
Rehabilitation Act of 1973;
(v) development of standards for rebuilding
disaster-damaged housing, and new housing, that
is accessible, affordable, and disaster-
resilient;
(vi) development of standards for
homeowners and flood insurance coverage for
rebuilding disaster-damaged housing, and new
housing, that is accessible, affordable, and
disaster resilient;
(vii) development of standards for
universal design and accessibility standards
for achieving and maintaining equal access
throughout all disaster mitigation and disaster
resilience initiatives; and
(viii) development of initiatives to
increase new and transferred technology and
innovations to overcome notification,
evacuation, health maintenance, and other
barriers to health, safety, and independence
for covered individuals before, during, and
after disasters.
(2) Reports.--
(A) Interim and final reports.--The Commission
shall prepare and submit to the Secretary and the
committees referred to in subparagraph (C)--
(i) 2 interim reports that summarize the
progress of the Commission, along with any
interim findings, conclusions, and
recommendations for the Secretary resulting
from the studies described in paragraph (1);
and
(ii) a final report that states final
findings, conclusions, and recommendations for
the Secretary resulting from the studies
described in paragraph (1).
(B) Preparation and submission.--The reports shall
be prepared and submitted--
(i) in the case of the interim reports, not
later than 1 and 2 years after the date on
which the Secretary makes the appointments
required in subsection (b)(4); and
(ii) in the case of the final report, not
later than 3 years after the date on which the
Secretary makes the appointments required in
subsection (b)(4).
(C) Committees.--The committees referred to in this
subparagraph are the Committees on Homeland Security
and Governmental Affairs and on Health, Education,
Labor, and Pensions of the Senate and the Committees on
Energy and Commerce, on Transportation and
Infrastructure, and on Education and Labor of the House
of Representatives, and any other relevant committees
of the House of Representatives and Senate with
jurisdiction over matters affecting disaster-affected
covered individuals.
(3) Plans.--
(A) Plan for preparation, response, recovery, and
mitigation efforts.--Using the findings, conclusions,
and recommendations contained in the Commission reports
described in paragraph (2), the Commission shall create
a plan, with recommended goals, objectives, timelines,
and criteria for each of the Federal agencies
represented by representatives specified in subsection
(b)(3)(C) to ensure individuals with disabilities,
older adults, and individuals with access and
functional needs are included in preparation, response,
recovery, and mitigation efforts by the agencies.
(B) Plan for advisory entity.--Using the
information, findings, and conclusions contained in the
Commission reports, the Commission will create a plan
with recommendations to either continue the Commission
or to create an ongoing new entity--
(i) to advise the Federal agencies
represented by representatives specified in
subsection (b)(3)(C) regarding regulations and
activities to ensure the inclusion of
individuals with disabilities, older adults,
and individuals with access and functional
needs in disaster preparedness, response,
recovery, and mitigation; and
(ii) to recommend to Congress legislation
to address the needs of individuals with
disabilities, older adults, and individuals
with access and functional needs during
disaster preparedness, response, recovery, and
mitigation.
(C) Submission.--The Commission shall submit the
plans created under subparagraphs (A) and (B) to the
Secretary not later than 3 years after the date on
which the Secretary makes the appointments referred to
in subsection (b)(4).
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any Federal department or agency such information
as the Commission considers necessary to carry out this
section.
(B) Furnishing information.--On request of the
Chairperson of the Commission, the head of the
department or agency shall furnish the information to
the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(g) Commission Personnel Matters.--
(1) Compensation.--
(A) Nongovernmental members.--Each member of the
Commission who is not described in subparagraph (B)
shall receive a stipend of $10,000 for the duration of
the period in which the member is engaged in the
performance of the duties of the Commission.
(B) Governmental members.--A member of the
Commission 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 Commission 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 Commission.
(3) Staff.--
(A) In general.--The Secretary shall designate such
personnel as may be necessary to enable the Commission
to perform and conclude its duties as described in
subsection (e), including the preparation and
submission of reports as described in subsection
(e)(2).
(B) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption of loss of civil service status or
privilege.
(4) Facilities, equipment, supplies, and services.--The
Secretary shall make available to the Commission, under such
arrangements as may be appropriate, necessary facilities,
equipment, supplies, and services.
(h) Termination.--
(1) In general.--The Commission shall terminate on the day
after the date on which the Commission submits the final
report.
(2) Recommendation.--Not later than 120 days prior to the
expected termination of the Commission under paragraph (1), the
Secretary shall submit to Congress a recommendation, using the
information in the report created by the Commission under
subsection (e)(3)(B), on whether the period in which Commission
exists and carries out its duties should be extended.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000 for fiscal year 2021,
and $100,000 for each of fiscal years 2022 through 2025.
SEC. 9. 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 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 Education and Labor, the
Committee on Transportation and Infrastructure, 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
December 31, 2019; 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 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 Commission.
(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 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; and
(G) the President; 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. 10. 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 2 years 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).
(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 Commission on
Disability Rights and Disasters established under
section 8 (referred to in this paragraph as the
``Commission''), and any other agency determined
appropriate by the Secretary.
(B) Commission recommendations on additional
sources.--The recommendations obtained under
subparagraph (A) shall include recommendations from the
Commission regarding additional sources the Comptroller
General may interview for purposes of the investigation
under subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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