,,ii #aahth ,,congress #ast ,session ,s4 #ajdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bi1 #bjbc ,mr4 ,casey 7for himself1 ,mrs4 ,gillibrand1 ,ms4 ,warren1 ,ms4 ,duckworth1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,mr4 ,wyden1 ,mr4 ,sanders1 ,mr4 ,welch1 and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to ensure that older adults and individuals with disabilities are prepared for disasters1 and for other purposes4 #a4 ,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 ,act4 #b4 ,findings and sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,in the ,united ,states1 according to the ,centers for ,disease ,control and ,prevention1 there are more than #fa1jjj1jjj adults who are individuals with disabilities and1 according to the ,bureau of the ,census1 there are more than #ed1jjj1jjj adults age #fe or older4 7#b7 ,there have been more than #ade hurricanes1 resulting in over #b1jjj deaths1 in the ,united ,states since #bjjj4 7#c7 ,the ,national ,oceanic and ,atmospheric ,administration estimates that-- 7,a7 the cumulative damage from weather- and climate-related disasters in #bjbb cost the ,united ,states over #afe1jjj1jjj1jjj2 and 7,b7 #ah of the disasters in #bjbb cost over #a1jjj1jjj1jjj each4 7#d7 ,individuals with disabilities and older adults have been found to die at higher rates1 compared to the general population1 during disasters4 7#e7 ,according to the ,federal ,emergency ,management ,agency1 in #bjbb-- 7,a7 the ,united ,states experienced #ij declared disasters affecting more than #ed1jjj1jjj people2 and 7,b7 more than #af1jjj1jjj of those people were adults who were individuals with disabilities4 7#f7 ,failure to provide accessibility for1 or plan for accommodating1 individuals with physical or sensory disabilities1 chronic illness1 or mental disabilities decreases the ability of those individuals to evacuate prior to or during a disaster4 7#g7 ,households of individuals with disabilities are more likely to need assistance and are less likely to be able to evacuate in advance of disasters4 7#h7 ,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 disaster4 7#i7 ,evacuation information1 including orders1 is not uniformly communicated in ways and via media that are accessible to individuals with disabilities1 including being communicated in ways that lack use of ,american ,sign ,language1 captions1 and plain language on websites1 instructional materials1 and television and radio announcements4 7#aj7 ,displaced individuals with disabilities served in general population shelters have better access to information and material resources than individuals with disabilities in specially designed shelters4 7#aa7 ,despite better access to information and resources1 personnel in general population shelters often do not have the resources or training to address the needs of individuals with disabilities and older adults4 7#ab7 ,public shelters often do not have disability-related accommodations1 often forcing individuals with disabilities and older adults to be segregated1 sometimes apart from their families and natural supports during disasters4 7#ac7 ,households with individuals with disabilities sustain more costly property damage from disasters than households without individuals with disabilities4 7#ad7 ,historically1 disaster-related recommendations for individuals with disabilities and older adults have been typically aimed at caregivers and service providers1 not individuals with disabilities and older adults themselves4 7#ae7 ,thousands of individuals with disabilities have been denied their civil rights because they do not receive accessible notice during disasters-- 7,a7 of spoken instructions via phone or video2 or 7,b7 of instructions regarding evacuations1 sheltering1 and other procedures during disasters4 7#af7 ,disaster shelters and services do not routinely have ,american ,sign ,language interpreters nor procedures written or presented in plain language4 7#ag7 ,individuals with disabilities and older adults are more at risk for loss of life1 loss of independence1 or violation of civil rights than the general population during times of disasters1 response1 and recovery4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 individuals with disabilities and older adults should be supported during times of disasters1 and during disaster preparedness1 response1 recovery1 and mitigation in order to-- 7,a7 ensure maintenance of and access to services and supports2 and 7,b7 enable those individuals and adults to return to their communities in a timely manner as compared with the general population2 7#b7 during the recovery and mitigation phases of disaster response1 all buildings and services should be designed1 and constructed or reconstructed1 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 disabilities1 older adults1 and all individuals2 7#c7 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 population2 7#d7 individuals with disabilities and older adults should receive information about preparation for1 response to1 recovery from1 and mitigation of disasters in formats accessible to them1 including in ,american ,sign ,language1 ,braille1 and plain language1 as well as captioned video messages2 7#e7 individuals with disabilities and older adults must be included as key speakers1 essential stakeholders1 and decisionmakers in the preparation 7including planning71 response1 recovery1 and mitigation phases of disasters2 7#f7 local1 ,state 7including territorial71 ,tribal1 and ,federal disaster planning must include robust representation of individuals with disabilities and older adults2 and 7#g7 individuals with disabilities and older adults must be included in the evaluation of governmental1 ,,voad1 and other nongovernmental preparation 7including planning71 response1 recovery1 and mitigation of disasters4 #c4 ,purposes ,the purposes of this ,act are to-- 7#a7 improve the inclusion of individuals with disabilities and older adults in the preparation for1 response to1 recovery from1 and mitigation of disasters2 7#b7 ensure that individuals with disabilities and older adults with disabilities are free from discrimination on the basis of disability or age in programs and activities1 are protected during and included in all phases of disaster preparation1 response1 recovery1 and mitigation2 7#c7 ensure compliance with the ,americans with ,disabilities ,act of #aiij1 the ,rehabilitation ,act of #aigc1 and other disability laws during preparation for1 response to1 recovery from1 and mitigation of disasters2 7#d7 improve coordination among the communities of individuals with disabilities and older adults1 including multiply marginalized ,,bipoc and ,,lgbtq communities1 government agencies1 centers for independent living1 ,v,o,a,ds1 and other nongovernmental organizations1 including organizations that represent and are comprised of covered individuals2 in preparing 7including planning7 for1 responding to1 recovery from1 and mitigation of disasters2 7#e7 improve outcomes for all individuals1 including individuals with disabilities and older adults1 who are affected by disasters1 and increase community resilience in responding to disasters2 and 7#f7 enact into ,federal law standards of care and standards for protection of civil rights1 for older adults and people with disabilities1 to be applied for disasters and public health emergencies4 #d4 ,definitions ,in this ,act3 7#a7 ,access and functional needs ,the term access and functional needs1 used with respect to an individual1 means an individual with needs such as-- 7,a7 an individual with a disability2 7,b7 an older adult2 7,c7 an individual with limited ,english proficiency2 7,d7 an individual with limited access to transportation that would enable the individual to prepare for1 respond to1 recover from1 and mitigate a disaster2 or 7,e7 an individual with limited access to the financial resources that would enable the individual to prepare for1 respond to1 recover from1 and mitigate a disaster4 7#b7 ,all hazards approach ,the term all hazards approach means planning for natural1 technological1 or human-caused incidents that warrant action to-- 7,a7 protect life1 property1 the environment1 or the public health or safety2 and 7,b7 minimize disruptions of school activities4 7#c7 ,civil rights ,the term civil rights1 used with respect to an individual1 means the existing 7as of the date of enactment of this ,act7 legal rights of an individual to be free from discrimination on the basis of disability or age in programs and activities4 7#d7 ,covered individual ,the term covered individual means an individual with a disability1 an older adult1 and an individual with access and functional needs4 7#e7 ,disability inclusive emergency management experience ,the term disability inclusive emergency management experience1 used with respect to an individual or entity-- 7,a7 means an individual or entity that has-- 7i7 demonstrated disability leadership experience1 including working with nongovernmental entities2 and 7ii7 subject matter expertise in leading disability inclusive preparedness1 response1 recovery1 and mitigation initiatives that focus on meeting the civil rights of covered individuals who are affected by disasters1 to be free from discrimination on the basis of disability or age in programs and activities2 and 7,b7 includes an individual or entity that has demonstrated favorable outcomes that measure the effective communication access1 physical access1 program access1 health1 safety1 and independence of individuals affected by disasters and their communities4 7#f7 ,disaster ,the term disaster means an emergency or major disaster 7as such terms are defined under section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb77 that results in severe property damage1 deaths1 or multiple injuries4 7#g7 ,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 disaster4 7#h7 ,disproportionately affected ,the term disproportionately affected1 used with respect to a group1 means a group of individuals with protected status1 including individuals with disabilities or older adults1 who are excessively adversely affected by disaster-related harms4 7#i7 ,indian ,tribal government ,the term ,indian ,tribal government has the meaning given the term ,indian tribal government in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb74 7#aj7 ,individual with a disability 7,a7 ,single ,the term individual with a disability means an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7,b7 ,plural ,the term individuals with disabilities means more than one individual with a disability1 as defined in subparagraph 7,a74 7#aa7 ,older adult ,the term older adult means a resident who is age #ej or older4 7#ab7 ,public health emergency ,the term public health emergency means a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 7#ac7 ,resident ,the term resident means-- 7,a7 in the case of an individual receiving assistance through an ,indian ,tribal ,government or other ,indian entity1 a resident of an area or member of a community governed by an ,indian ,tribal ,government2 and 7,b7 in the case of an individual not described in subparagraph 7,a71 a resident of a ,state that is not an ,indian ,tribal ,government4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#ae7 ,state ,the term ,state means any of the #ej ,states1 an ,indian ,tribal ,government1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#af7 ,visitability standards ,the term visitability standards means standards for ,type ,c 7,visitable7 ,units under the ,standards for ,accessible and ,usable ,buildings and ,facilities 7,,icc ,a#aag4a-bjji71 or any successor standards1 of the ,american ,national ,standards ,institute4 7#ag7 ,,voad ,the term ,,voad means a nongovernmental organization assisting in disaster preparation1 recovery1 response1 or mitigation4 #e4 ,use of disaster response funds ,section #fae of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaif;d7 is amended-- 7#a7 by striking ,funds made available and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,access and functional needs ,the term access and functional needs1 used with respect to an individual1 means an individual with needs such as-- 7,a7 an individual with a disability2 7,b7 an older adult2 7,c7 an individual with limited ,english proficiency2 7,d7 an individual with limited access to transportation that would enable the individual to prepare for1 respond to1 or recover from1 and mitigate an emergency or major disaster2 or 7,e7 an individual with limited access to the financial resources that would enable the individual to prepare for1 respond to1 recover from1 or mitigate an emergency or major disaster4 7#b7 ,center for independent living ,the term center for independent living has the meaning given that term in section #gjb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;a74 7#c7 ,covered recipient 7,a7 ,in general ,the term covered recipient means a direct or indirect recipient of funds made available under this title for a covered use of funds4 7,b7 ,exclusion ,the term covered recipient does not include individuals or households4 7#d7 ,covered use of funds ,the term covered use of funds means the use of funds for the preparation for1 response to1 recovery from1 or mitigation of hazards4 7#e7 ,individual with a disability 7,a7 ,single ,the term individual with a disability means an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7,b7 ,plural ,the term individuals with disabilities means more than one individual with a disability1 as defined in subparagraph 7,a74 7#f7 ,older adult ,the term older adult means an individual who is age #ej or older4 7#g7 ,visitability standards ,the term visitability standards means standards for ,type ,c 7,visitable7 ,units under the ,standards for ,accessible and ,usable ,buildings and ,facilities 7,,icc ,a#aag4a-bjji71 or any successor standards1 of the ,american ,national ,standards ,institutes4 7b7 ,use of funds generally ,funds made available 2 and 7#b7 by adding at the end the following3 7c7 ,advisory committees ,a covered recipient shall ensure that an advisory committee that includes individuals with disabilities1 older adults1 and other individuals with access and functional needs shall oversee the use of funds made available under this title to the covered recipient4 7d7 ,compliance with disability laws ,a covered recipient shall use funds made available under this title in accordance with the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq47 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7e7 ,centers for independent living ,a covered recipient may contract with #a or more centers for independent living to-- 7#a7 prepare for hazards2 7#b7 provide personal assistance services during response and recovery periods2 7#c7 identify accessible emergency shelters and adapt emergency shelters to be accessible2 7#d7 develop accessible media1 including media using ,american ,sign ,language2 and 7#e7 meet other needs for individuals with disabilities1 older adults1 and individuals with access and functional needs4 7f7 ,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 #aigc 7#bi ,u4,s4,c4 #gja et seq47 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 in providing property or services under the contract4 7g7 ,communications ,communications relating to a covered use of funds by a covered recipient shall be made available in languages1 including ,american ,sign ,language and other sign languages1 used in the communities receiving the communications4 7h7 ,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 disabilities1 older adults1 and other individuals with access and functional needs1 including-- 7#a7 notifications relating to a hazard2 7#b7 evacuation notifications2 7#c7 notifications relating to disaster services2 and 7#d7 emergency shelters4 7i7 ,visitability ,a covered recipient that1 as part of a covered use of funds1 constructs or prepares dwelling units 7including sleeping units7 shall ensure that the dwelling units meet visitability standards4 4 #f4 ,training1 technical assistance1 and research disability and disaster centers 7a7 ,purpose ,the purpose of this section is to provide financial support to eligible entities to create centers through which the eligible entities will-- 7#a7 provide training and technical assistance to ,state1 local1 ,tribal1 and territorial disaster relief1 public health1 and social service agencies in the implementation and enhancement of systemic and effective engagement policies1 programs1 and activities that ensure-- 7,a7 that the needs and civil rights of covered individuals are addressed and implemented throughout all phases of disaster preparation1 response1 recovery1 and mitigation2 and 7,b7 the inclusion of covered individuals in the development of all ,state1 local1 ,tribal1 and territorial disaster preparation plans2 7#b7 assist ,federal1 ,state1 local1 ,tribal1 and territorial disaster relief agencies in the coordination and integration of ,federal1 ,state 7including territorial71 local1 and ,tribal services and programs to serve covered individuals in the least restrictive environment appropriate to their needs during a disaster2 7#c7 conduct research and expand knowledge about covered individuals and their experiences during the preparation1 response1 recovery1 and mitigation phases of disasters2 and 7#d7 discover1 through research1 and disseminate knowledge about1 the most effective methods for-- 7,a7 protecting the civil rights of covered individuals during times of disasters2 7,b7 including covered individuals in all phases of disaster preparation1 response1 recovery1 and mitigation2 7,c7 reducing their deaths1 injuries and losses from disasters2 7,d7 reducing the displacement and disproportionate effects of relocation after a disaster1 including financial and social effects1 on covered individuals2 and 7,e7 ensuring covered individuals are participants in the research1 development1 and distribution of evidence-based information regarding disasters4 7b7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an entity or partnership of entities that-- 7,a7 submits an application to the ,secretary in accordance with subsection 7e72 7,b7 is or includes an institution 7which may be an institution of higher education71 or a nongovernmental organization1 that focuses on-- 7i7 serving the needs of individuals with disabilities2 or 7ii7 serving the needs of older adults2 7,c7 in the case of an entity or partnership with a disability focus1 has a cross-disability service focus2 7,d7 has experience in conducting training1 technical assistance1 and research pertaining to consumer-directed community support services for covered individuals2 7,e7 includes covered individuals in positions of leadership in the planning1 management1 and operation of the programs of training1 technical assistance1 and research2 7,f7 has knowledge and experience pertaining to the implementation and enhancement of systemic and effective engagement policies1 programs1 and activities that promote the inclusion1 needs1 and civil rights of covered individuals in preparation for1 response to1 recovery from1 and mitigation of disasters2 and 7,g7 has1 or will establish1 an advisory council or similar entity1 of which at least #ea percent of the members are covered individuals4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#c7 ,stakeholder group ,the term stakeholder group means a group of individuals and organizations that-- 7,a7 is committed to disability inclusive and older adult inclusive disaster management2 7,b7 includes covered individuals throughout preparedness1 response1 recovery1 and mitigation activities2 7,c7 has leaders that include covered individuals2 7,d7 has a governing or advisory board1 of which at least half of the members are covered individuals2 and 7,e7 has a mission to inclusively serve covered individuals4 7c7 ,authority for grants ,the ,secretary may award grants1 on a competitive basis1 to eligible entities1 to provide for-- 7#a7 activities that include covered individuals in the preparation 7including planning7 for1 response to1 recovery from1 and mitigation of disasters2 and 7#b7 except as described in subsection 7d77#b71 research related to disasters and covered individuals4 7d7 ,amount and period of grants 7#a7 ,amount ,in awarding grants under this section1 the ,secretary shall1 to the extent practicable1 award a grant to an eligible entity in an amount that is not less than #b1ejj1jjj and not more than #aj1jjj1jjj4 7#b7 ,distribution ,the ,secretary shall award not fewer than #b of the grants in each of the #aj ,federal regions of the ,department of ,health and ,human ,services4 ,at least #a grant in each region shall be awarded to an eligible entity exclusively to conduct training and technical assistance described in paragraphs 7#a7 and 7#b7 of subsection 7a74 7#c7 ,periods ,the ,secretary shall award the grants for periods of #e years1 through an open competition held at the end of each #e-year period4 ,eligible entities that receive grants under this section may reapply for such grants at the end of the periods4 7e7 ,applications 7#a7 ,submissions ,to be eligible to receive a grant under this section1 an entity shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 7#b7 ,contents ,each such application shall include1 at a minimum1 the following3 7,a7 ,a description of the applicant's demonstrated experience in providing training1 information1 and support to individuals with disabilities in preparing for1 responding to1 recovering from1 and mitigating disasters4 7,b7 ,a description of the applicant's demonstrated experience in providing training1 information1 and support to older adults in preparing for1 responding to1 recovering from1 and mitigating disasters4 7,c7 ,a description of the applicant's demonstrated experience in working with ,federal1 ,state1 local1 ,tribal1 and territorial government agencies in preparing for1 responding to1 recovering from1 and mitigating disasters4 7,d7 ,a description of the steps the applicant1 acting through the center1 will take to target services to low-income individuals and individuals identified as disproportionately affected in disasters1 including those individuals at greatest risk of institutionalization4 7,e7 ,an assurance that the applicant1 acting through the center1 will-- 7i7 work with ,state1 local1 ,tribal1 and territorial disaster relief1 public health1 and social service agencies to determine the best means for delivery of services to address the needs of covered individuals2 7ii7 assist in establishing ,state1 local1 ,tribal1 and territorial disaster plans to address the needs of both rural and urban populations2 7iii7 in carrying out activities under the grant1 conduct sufficient outreach to centers for independent living1 ,v,o,a,ds1 and other nongovernmental organizations1 including organizations that represent and are comprised of covered individuals2 7iv7 include covered individuals in a meaningful way in the development and execution of activities carried out under the grant2 7v7 provide adequate staff1 including staff who are individuals with disabilities1 to carry out the activities under the grant2 and 7vi7 communicate information on the programs and systems developed under the grant1 in accessible formats and languages1 including ,american ,sign ,language1 of the communities being served4 7f7 ,priority ,in awarding grants for activities described in this section1 the ,secretary shall give priority to eligible entities that-- 7#a7 demonstrate a minimum of #c years of experience in actively conducting disability inclusive and older adult inclusive disaster management2 7#b7 propose activities to address the preparedness1 response1 recovery1 and mitigation needs of covered individuals2 7#c7 propose activities to address leadership development in ,state1 local1 ,tribal1 and territorial agencies and covered individual advocacy organizations2 7#d7 includes covered individuals in positions of leadership in the planning1 management1 and operation of the activities carried out under this section2 7#e7 demonstrate ability to provide training that prevents bias due to disability or age1 and that uses experiential approaches and does not rely on simulations2 7#f7 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 access1 program access1 and effective communication for covered individuals throughout all grant activities2 7#g7 demonstrate that the eligible entity involved will use measurable collaboration and partnership strategies with ,state1 local1 ,tribal1 and territorial agencies1 centers for independent living1 ,v,o,a,ds1 and other nongovernmental organizations1 including organizations that represent and are comprised of covered individuals2 7#h7 demonstrate that the eligible entity will use measurable disaster outcomes strategies in carrying out grant activities2 7#i7 demonstrate the ability to quickly create products1 such as videos1 fact sheets1 guidelines1 and checklists1 to be used in disaster management2 7#aj7 employ constituents of the entity in decisionmaking positions2 7#aa7 provide disability inclusive and older adult inclusive disaster management leadership skills development2 7#ab7 demonstrate awareness of available resources in the community for meeting the preparedness1 response1 recovery1 and mitigation needs of covered individuals2 and 7#ac7 demonstrate expertise in promoting the use of universal design 7as defined in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc771 the philosophy of independent living 7within the meaning of that philosophy in title ,,vii of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif et seq4771 intersectionality imperatives1 and the social model of disability4 7g7 ,use of funds 7#a7 ,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 7e71 to carry out-- 7,a7 a strategy designed to ensure the inclusion of covered individuals in the preparation 7including planning7 for1 response to1 recovery from1 and mitigation of disasters2 and 7,b7 research to enhance the activities described in subparagraph 7,a71 using not more than #be percent of the grant funds to carry out that research4 7#b7 ,activities ,such activities may include initiatives that provide comprehensive training1 technical assistance1 development of funding sources1 and support to ,state1 local1 ,tribal1 and territorial disaster relief1 public health1 and social service agencies and stakeholder groups1 in order to ensure that1 in carrying out disaster management planning and programs1 the agencies and groups address the inclusion1 civil rights1 and needs of covered individuals by-- 7,a7 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 activities2 7,b7 training staff of ,state1 local1 ,tribal1 and territorial disaster relief1 public health1 and social service agencies on the needs and civil right of covered individuals1 preferably through training by experts who are1 collectively1 individuals with disabilities and older adults2 7,c7 creating partnerships between eligible entities1 ,state1 local1 ,tribal1 and territorial disaster relief1 public health1 and social service agencies1 centers for independent living1 ,v,o,a,ds1 and other nongovernmental organizations1 including organizations that represent and are comprised of covered individuals2 7,d7 assisting in the development and implementation1 in partnership with ,state1 local1 ,tribal1 and territorial disaster relief1 public health1 and social service agencies1 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 7including planning7 for1 response to1 recovery from1 and mitigation of a disaster2 7,e7 assisting in the creation of standards and identification of funding sources for rebuilding disaster-damaged housing and new housing that is accessible1 affordable1 and disaster-resilient2 7,f7 assisting in the creation of standards for homeowner and flood insurance coverage for rebuilding disaster-damaged housing and new housing that is accessible1 affordable1 and disaster-resilient2 7,g7 establishing universal design and accessibility standards1 and establishing specifications for visitability 7based on the visitability standards71 for achieving and maintaining equal access for covered individuals throughout all hazard mitigation and disaster resilience activities2 7,h7 establishing initiatives to increase new and transferred technology and innovations to solve notification1 evacuation1 health maintenance1 and other barriers for covered individuals before1 during1 and after disasters2 and 7,i7 conducting research1 in partnership with covered individuals1 that will contribute to knowledge and strategies to-- 7i7 decrease injuries1 deaths1 and harm to covered individuals2 7ii7 create inclusive disaster preparedness1 recovery1 response1 and mitigation strategies for ,state1 local1 ,tribal1 and territorial agencies1 centers for independent living1 ,v,o,a,ds1 and other nongovernmental organizations1 including organizations that represent and are comprised of covered individuals2 7iii7 preserve community living options and access to needed services and supports for covered individuals during post-disaster periods2 and 7iv7 conduct longitudinal studies that create and maintain datasets to assist in the understanding of ,federal1 ,state1 local1 ,tribal1 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 activities4 7#c7 ,standards and guidelines ,the ,secretary shall establish standards and guidelines for activities supported by a grant under this section4 ,such standards and guidelines shall be developed with the input of stakeholder groups4 ,in a situation in which a refinement or adaptation of the standards or guidelines is made necessary by a local circumstance1 the ,secretary shall enter into negotiations with an eligible entity applying for such a grant for a project in the affected area1 to refine or adapt the standards and guidelines for the project4 7h7 ,individual rights ,notwithstanding any other provision of this section1 no entity1 agency1 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 activities4 7i7 ,reports ,not later than ,january #ca of fiscal years #bjbf and #bjbh1 the ,secretary shall submit to ,congress a report describing the activities carried out under this section during the preceding #b fiscal years4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjbd through #bjbh4 #g4 ,projects of national significance 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an entity or partnership of entities that-- 7,a7 submits an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require2 7,b7 is or includes an institution 7which may be an institution of higher education71 or a nongovernmental organization1 that focuses on-- 7i7 serving the needs of individuals with disabilities2 or 7ii7 serving the needs of older adults2 7,c7 in the case of an entity or partnership with a disability focus1 has a cross-disability service focus2 7,d7 has experience in conducting training1 technical assistance1 and research pertaining to consumer-directed community support services for covered individuals2 7,e7 includes covered individuals in positions of leadership in the planning1 management1 and operation of the programs of training1 technical assistance1 and research2 7,f7 has knowledge and experience pertaining to the implementation and enhancement of systemic and effective engagement policies1 programs1 and activities that promote the inclusion1 needs1 and civil right of covered individuals in preparation for1 response to1 recovery from1 and mitigation of disasters2 and 7,g7 has1 or will establish1 an advisory council or similar entity1 of which at least #ea percent of the members are covered individuals4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #f7;b74 7b7 ,grants1 contracts1 and cooperative agreements 7#a7 ,in general ,the ,secretary shall award grants to1 or enter into contracts or cooperative agreements with1 eligible entities on a competitive basis to carry out projects of national significance that-- 7,a7 create opportunities for individuals with disabilities and older adults to directly contribute to improving preparation for1 recovery from1 response to1 and mitigation of disasters2 7,b7 support the development of ,state1 local1 ,tribal1 and territorial policies that reinforce and promote the inclusion of individuals with disabilities and older adults in ,federal1 ,state1 local1 ,tribal1 and territorial community preparation for disasters2 and 7,c7 support research that-- 7i7 tracks1 in the short-term and long-term1 the effects of disasters on individuals with disabilities and older adults2 7ii7 identifies evidence-based practices that enhance inclusion of individuals with disabilities and older adults to participate in and lead preparation for disasters at ,federal1 ,state1 local1 ,tribal1 and territorial levels2 7iii7 leads to the creation of strategies and procedures to implement community level practices that decrease deaths1 injuries1 and harm resulting from disasters to individuals with disabilities and older adults2 7iv7 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 activities1 and self-determination of those individuals and adults1 while also promoting their safety and well-being during and following disasters2 7v7 contributes to the development of ,federal1 ,state1 local1 ,tribal1 and territorial policies that enhance collaboration among governmental entities1 centers for independent living1 ,v,o,a,ds1 and other nongovernmental organizations1 including organizations that represent and are comprised of covered individuals1 to improve the inclusion of covered individuals in preparation for1 response to1 recovery from1 and mitigation of disasters2 and 7vi7 contributes to other efforts1 as determined by the ,secretary1 to advance the purposes of this section4 7#b7 ,amount1 quantity1 and duration ,in awarding grants or entering into contracts or cooperative agreements under this section1 the ,secretary shall-- 7,a7 to the extent practicable1 ensure that each such grant1 contract1 or cooperative agreement is for an amount that is not less than #b1ejj1jjj and not more than #aj1jjj1jjj2 7,b7 award or enter into not less than #d grants1 contracts1 or cooperative agreements2 and 7,c7 ensure that each such grant1 contract1 or cooperative agreement is for a period of not less than #c years and not more than #e years4 #h4 ,crisis standards of care and civil rights laws 7a7 ,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-- 7#a7 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 and 7#b7 section #aeeg of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahaaf74 7b7 ,inclusions ,in developing and implementing crisis standards of care in accordance with subsection 7a71 ,states and local governmental entities shall comply with3 7#a7 ,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 ,bulletin3 ,civil ,rights1 ,,hipaa1 and the ,coronavirus ,disease #bjai 7,,covid-#ai7 and dated ,march #bh1 #bjbj1 and any best practices developed by the ,office of ,civil ,rights pursuant to such guidance4 7#b7 ,the following requirements3 7,a7 ,states and local governmental entities may not develop or implement potentially discriminatory policies that negatively affect covered individuals or children4 ,such policies may address the application of crisis standards of care in resource-constrained settings during disasters and public health emergencies4 7,b7 ,during disasters and public health emergencies1 civil rights may not be suspended or waived4 7,c7 ,crisis standards of care shall reflect that every human being has fundamental and inherent dignity1 equity1 and worth1 and has a right to be treated equally and fairly in the provision of health care services under ,federal civil rights laws4 7,d7 ,crisis standards of care shall be sufficiently clear to allow practitioners to apply such standards of care1 especially when stewarding of scare resources means withholding or withdrawing critical care services4 ,such standards of care shall reflect the values1 wishes1 and interest of all patients1 especially covered individuals and children4 7,e7 ,states and local governmental entities shall partner with1 and work to ensure strong public engagement of1 community and provider stakeholders1 with particular attention to the needs of covered individuals and children4 7,f7 ,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 children4 7,g7 ,states and local governmental entities shall develop specific response measures to meet the needs of covered individuals and children4 7,h7 ,states and local governmental entities shall seek to eliminate the use of class1 race1 ethnicity1 neighborhood1 disability1 and age in decisions relating to access of care4 #i4 ,national ,advisory ,committee on ,individuals with ,disabilities and ,disasters ,section #bhaa;,c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#aj;d7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the first sentence1 by striking #ag members and inserting #de members2 7,b7 in paragraph 7#b71 by adding at the end the following3 7,n7 #aa members1 representing the disability community and reflecting the diverse characteristics of its members1 who shall-- 7i7 represent individuals with disabilities with a wide variety of disaster experiences1 including cross-disability representation2 7ii7 be geographically diverse2 7iii7 be ethnically and racially diverse2 7iv7 be of diverse ages1 and include older adults2 7v7 represent both genders1 and include members that represent a variety of sexual orientations and gender identities2 7vi7 include veterans2 and 7vii7 be linguistically diverse4 7,o7 #a representative from each of-- 7i7 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 needs2 7ii7 a noncoastal ,state emergency management agency with an employee in a position described in clause 7i72 7iii7 a ,tribal emergency management agency with an employee in a position described in clause 7i72 7iv7 a territorial emergency management agency with an employee in a position described in clause 7i72 7v7 a nongovernmental organization providing disaster preparedness and response services2 7vi7 a local urban disaster management entity1 which representative has disability inclusive emergency management experience2 7vii7 a local rural disaster management entity1 which representative has disability inclusive emergency management experience2 7viii7 a local disability organization with a cross-disability focus2 7ix7 a ,state disability organization with a cross-disability focus2 7x7 a national disability organization with a cross-disability focus2 7xi7 a national older adults organization2 7xii7 the ,council of the ,inspectors ,general on ,integrity and ,efficiency2 7xiii7 a low-income housing organization1 who has expertise in the civil rights of disaster-affected covered individuals2 and 7xiv7 a representative of a legal services agency with expertise in the civil rights of disaster-affected covered individuals4 7,p7 ,the ,secretary of ,transportation4 7,q7 ,the ,director of ,disability ,policy for the ,domestic ,policy ,council4 2 and 7,c7 by adding at the end the following3 7#c7 ,definitions ,in this subsection1 the terms access and functional needs1 civil rights1 covered individual1 disability inclusive emergency management experience1 disaster1 individuals with disabilities1 older adult1 and ,state have the meanings given the terms in section #d of the ,,reaadi for ,disasters ,act4 2 7#b7 by redesignating subsection 7g7 as subsection 7h72 7#c7 by inserting after subsection 7f7 the following3 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ejj1jjj for each of fiscal years #bjbd through #bjbg4 2 and 7#d7 in subsection 7h71 as so redesignated-- 7,a7 in paragraph 7#a71 by striking on ,september #cj1 #bjbc and inserting #d years after the date of enactment of the ,,reaadi for ,disasters ,act2 and 7,b7 in paragraph 7#b71 by striking ,october #a1 #bjbb and inserting #b years after the date of enactment of the ,,reaadi for ,disasters ,act4 #aj4 ,review of settlement agreements related to disasters and individuals with disabilities and older adults 7a7 ,definitions ,in this section3 7#a7 ,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 ,justice4 7#b7 ,committee ,the term ,committee means the ,disability and ,disaster ,preparedness ,advisory ,committee established under subsection 7b74 7#c7 ,covered committee of congress ,the term covered committee of ,congress means-- 7,a7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure1 the ,committee on ,education and the ,workforce1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#d7 ,covered settlement agreement ,the term covered settlement agreement means a settlement agreement-- 7,a7 entered into by the ,united ,states during the period beginning on ,january #a1 #bjje1 and ending on the first ,december #ca after the date of enactment of this ,act2 and 7,b7 that relates to a potential violation of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq47 or the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 in connection with the preparation for1 response to1 recovery from1 or mitigation of a disaster4 7b7 ,establishment of committee ,there is established an advisory committee1 to be known as the ,disability and ,disaster ,preparedness ,advisory ,committee to review covered settlement agreements4 7c7 ,membership 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,attorney ,general shall appoint the members of the ,committee1 which shall include-- 7,a7 employees of the ,department of ,justice2 and 7,b7 not less than #c disability rights advocates who-- 7i7 are not employees of the ,federal ,government2 7ii7 are individuals with disabilities2 and 7iii7 have disability inclusive emergency management experience4 7#b7 ,period of appointment2 vacancies 7,a7 ,in general ,a member of the ,committee shall be appointed for the life of the ,committee4 7,b7 ,vacancies ,any vacancy in the ,committee-- 7i7 shall not affect the powers of the ,committee2 and 7ii7 shall be filled in the same manner as the original appointment4 7#c7 ,chairperson and vice chairperson ,the members of the ,committee shall elect a ,chairperson and a ,vice ,chairperson from among the members1 not less than #a of whom shall be a member appointed under paragraph 7#a77;,b74 7#d7 ,meetings 7,a7 ,in general ,the ,committee shall meet at the call of the ,chairperson4 7,b7 ,quorum ,a majority of the members of the ,committee shall constitute a quorum1 but a lesser number of members may hold hearings4 7d7 ,duties ,the ,committee shall-- 7#a7 conduct a review of each covered settlement agreement2 7#b7 review annual reports and recommendations provided to each covered committee of ,congress relating to addressing the needs of covered individuals in the preparation for1 response to1 recovery from1 or mitigation of a disaster2 7#c7 not later than #a year after the date of enactment of this ,act1 submit a report containing the findings and recommendations of the ,committee to-- 7,a7 each covered committee of ,congress2 7,b7 any other entity of ,congress with jurisdiction over matters relating to addressing the needs of covered individuals in the preparation for1 response to1 recovery from1 or mitigation of a disaster2 7,c7 the ,attorney ,general2 7,d7 the ,secretary of ,education2 7,e7 the ,secretary of ,homeland ,security2 7,f7 the ,secretary of ,health and ,human ,services2 7,g7 the ,secretary of ,transportation2 and 7,h7 the ,president1 through the ,director of ,disability ,policy for the ,domestic ,policy ,council2 and 7#d7 provide the comments and recommendations described in section #aj7;b77#b74 7e7 ,powers of committee 7#a7 ,hearings ,the ,committee may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,committee considers advisable to carry out this section4 7#b7 ,information from ,federal agencies 7,a7 ,in general ,the ,committee may secure directly from any ,federal department or agency such information as the ,committee considers necessary to carry out this section4 7,b7 ,furnishing information ,on request of the ,chairperson of the ,committee1 the head of the department or agency shall furnish the information to the ,committee4 7,c7 ,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 7d77#c7 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 7d77#c74 7#c7 ,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 ,government4 7f7 ,committee personnel matters 7#a7 ,compensation of members 7,a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,committee4 7,b7 ,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 ,states4 7#b7 ,travel expenses ,a member of the ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their home or regular places of business in the performance of services for the ,committee4 7#c7 ,staff 7,a7 ,in general ,the ,chairperson of the ,committee may1 without regard to the civil service laws 7including regulations71 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 ,committee1 except that the employment of an executive director shall be subject to confirmation by the ,committee4 7,b7 ,compensation ,the ,chairperson of the ,committee may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of that title4 7#d7 ,detail of government employees ,any ,federal ,government employee may be detailed to the ,committee without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7#e7 ,procurement of temporary and intermittent services ,the ,chairperson of the ,committee may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of that title4 7g7 ,termination of committee ,the ,committee shall terminate #ij days after the date on which the ,committee submits the report required under subsection 7d77#c74 7h7 ,reports by disability rights section ,on and after the date on which the ,committee submits the report required under subsection 7d77#c71 the ,chief of the ,disability ,rights ,section shall publish an annual report on the oversight of settlement agreements relating to disaster preparation1 response1 recovery1 and mitigation activities4 #aa4 ,,gao report on past use of disaster funds 7a7 ,investigation ,not later than #fj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall begin to conduct an investigation of whether1 on or after ,january #a1 #bjje1 ,federal agencies have complied with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 and the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq471 in expending ,federal funds to prepare for1 respond to1 recover from1 or mitigate disasters1 including whether and1 if so1 how such funds were used to ensure accessibility to services and supports for individuals with disabilities and older adults4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall1 in accordance with paragraph 7#b71 issue a report on the investigation conducted under subsection 7a71 along with recommendations for remediation of any misexpenditures identified4 7#b7 ,review 7,a7 ,in general ,prior to issuing the report under paragraph 7#a71 the ,comptroller ,general shall obtain comments and recommendations on a draft version of the report1 including the recommendations described in subparagraph 7,b71 from the ,national ,advisory ,committee on ,individuals with ,disabilities and ,disasters established under section #bhaa;,c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#aj;d7 and the ,disability and ,disaster ,preparedness ,advisory ,committee established under section #i7;b7 7referred to in this paragraph as the ,committees71 and any other agency determined appropriate by the ,secretary4 7,b7 ,committee recommendations on additional sources ,the recommendations obtained under subparagraph 7,a7 shall include recommendations from the ,committees regarding additional sources the ,comptroller ,general may interview for purposes of the investigation under subsection 7a74