[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3679 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3679

   To ensure that older adults and individuals with disabilities are 
            prepared for disasters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2018

 Mr. Casey (for himself, Ms. Klobuchar, Ms. Duckworth, Mr. Blumenthal, 
 Mr. Van Hollen, Mrs. Murray, and Ms. Hassan) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 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 ``Readying Elders and Americans with 
Disabilities Inclusively for Disasters Act'' or the ``READI for 
Disaster 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 a natural 
        catastrophe, 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) 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 term `covered recipient' means a direct or 
        indirect recipient of funds made available under this title for 
        a covered use of funds;
            ``(2) the term `covered use of funds' means the use of 
        funds for the preparation for, response to, recovery from, or 
        mitigation of hazards; and
            ``(3) the term `older adult' has the meaning given that 
        term under section 4 of the READI for Disaster Act.
    ``(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) Contractors.--A nongovernmental organization that enters into 
a contract with a covered recipient of funds 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.
    ``(f) 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.
    ``(g) Accessibility.--A covered recipient shall ensure each 
facility or service made available in connection with a covered use of 
funds is accessible to individuals with disabilities, older adults, and 
other individuals with access and functional needs, including--
            ``(1) notifications relating to a hazard;
            ``(2) evacuation notifications;
            ``(3) notifications relating to disaster services; and
            ``(4) emergency shelters.''.

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 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 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 
part, 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 provision of training, on bias because of 
        disability or age, that used 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) employ constituents of the entity in decisionmaking 
        positions;
            (9) provide disability inclusive and older adult inclusive 
        disaster management leadership skills development;
            (10) demonstrate awareness of available resources in the 
        community for meeting the preparedness, response, recovery, and 
        mitigation needs of covered individuals; and
            (11) 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).
            (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 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 2022 and 
2024, 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 2020 through 2024.

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 the Workforce 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.
    (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 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 2020, 
and $100,000 for each of the fiscal years through 2024.

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 the Workforce, 
                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, 2017; 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 committees 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>