[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1049 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1049

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2023

Mr. Casey (for himself, Mrs. Gillibrand, Ms. Warren, Ms. Duckworth, Mr. 
  Blumenthal, Mr. Markey, Mr. Wyden, Mr. Sanders, Mr. Welch, and Ms. 
Smith) introduced the following bill; which was read twice and referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Real Emergency Access for Aging and 
Disability Inclusion for Disasters Act'' or the ``REAADI for Disasters 
Act''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) In the United States, according to the Centers for 
        Disease Control and Prevention, there are more than 61,000,000 
        adults who are individuals with disabilities and, according to 
        the Bureau of the Census, there are more than 54,000,000 adults 
        age 65 or older.
            (2) There have been more than 145 hurricanes, resulting in 
        over 2,000 deaths, in the United States since 2000.
            (3) The National Oceanic and Atmospheric Administration 
        estimates that--
                    (A) the cumulative damage from weather- and 
                climate-related disasters in 2022 cost the United 
                States over $165,000,000,000; and
                    (B) 18 of the disasters in 2022 cost over 
                $1,000,000,000 each.
            (4) Individuals with disabilities and older adults have 
        been found to die at higher rates, compared to the general 
        population, during disasters.
            (5) According to the Federal Emergency Management Agency, 
        in 2022--
                    (A) the United States experienced 90 declared 
                disasters affecting more than 54,000,000 people; and
                    (B) more than 16,000,000 of those people were 
                adults who were individuals with disabilities.
            (6) Failure to provide accessibility for, or plan for 
        accommodating, individuals with physical or sensory 
        disabilities, chronic illness, or mental disabilities decreases 
        the ability of those individuals to evacuate prior to or during 
        a disaster.
            (7) Households of individuals with disabilities are more 
        likely to need assistance and are less likely to be able to 
        evacuate in advance of disasters.
            (8) Less than a third of individuals with intellectual 
        disabilities and individuals needing personal care attendants 
        have planned with their personal care providers what to do in a 
        disaster.
            (9) Evacuation information, including orders, is not 
        uniformly communicated in ways and via media that are 
        accessible to individuals with disabilities, including being 
        communicated in ways that lack use of American Sign Language, 
        captions, and plain language on websites, instructional 
        materials, and television and radio announcements.
            (10) Displaced individuals with disabilities served in 
        general population shelters have better access to information 
        and material resources than individuals with disabilities in 
        specially designed shelters.
            (11) Despite better access to information and resources, 
        personnel in general population shelters often do not have the 
        resources or training to address the needs of individuals with 
        disabilities and older adults.
            (12) Public shelters often do not have disability-related 
        accommodations, often forcing individuals with disabilities and 
        older adults to be segregated, sometimes apart from their 
        families and natural supports during disasters.
            (13) Households with individuals with disabilities sustain 
        more costly property damage from disasters than households 
        without individuals with disabilities.
            (14) Historically, disaster-related recommendations for 
        individuals with disabilities and older adults have been 
        typically aimed at caregivers and service providers, not 
        individuals with disabilities and older adults themselves.
            (15) Thousands of individuals with disabilities have been 
        denied their civil rights because they do not receive 
        accessible notice during disasters--
                    (A) of spoken instructions via phone or video; or
                    (B) of instructions regarding evacuations, 
                sheltering, and other procedures during disasters.
            (16) Disaster shelters and services do not routinely have 
        American Sign Language interpreters nor procedures written or 
        presented in plain language.
            (17) Individuals with disabilities and older adults are 
        more at risk for loss of life, loss of independence, or 
        violation of civil rights than the general population during 
        times of disasters, response, and recovery.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) individuals with disabilities and older adults should 
        be supported during times of disasters, and during disaster 
        preparedness, response, recovery, and mitigation in order to--
                    (A) ensure maintenance of and access to services 
                and supports; and
                    (B) enable those individuals and adults to return 
                to their communities in a timely manner as compared 
                with the general population;
            (2) during the recovery and mitigation phases of disaster 
        response, all buildings and services should be designed, and 
        constructed or reconstructed, according to principles of 
        universal design and to the standards established by the 
        Architectural and Transportation Barriers Compliance Board in 
        order to ensure access for individuals with disabilities, older 
        adults, and all individuals;
            (3) individuals with disabilities and older adults should 
        have access to shelters and other services during disasters in 
        the same locations and settings as the general population;
            (4) individuals with disabilities and older adults should 
        receive information about preparation for, response to, 
        recovery from, and mitigation of disasters in formats 
        accessible to them, including in American Sign Language, 
        Braille, and plain language, as well as captioned video 
        messages;
            (5) individuals with disabilities and older adults must be 
        included as key speakers, essential stakeholders, and 
        decisionmakers in the preparation (including planning), 
        response, recovery, and mitigation phases of disasters;
            (6) local, State (including territorial), Tribal, and 
        Federal disaster planning must include robust representation of 
        individuals with disabilities and older adults; and
            (7) individuals with disabilities and older adults must be 
        included in the evaluation of governmental, VOAD, and other 
        nongovernmental preparation (including planning), response, 
        recovery, and mitigation of disasters.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) improve the inclusion of individuals with disabilities 
        and older adults in the preparation for, response to, recovery 
        from, and mitigation of disasters;
            (2) ensure that individuals with disabilities and older 
        adults with disabilities are free from discrimination on the 
        basis of disability or age in programs and activities, are 
        protected during and included in all phases of disaster 
        preparation, response, recovery, and mitigation;
            (3) ensure compliance with the Americans with Disabilities 
        Act of 1990, the Rehabilitation Act of 1973, and other 
        disability laws during preparation for, response to, recovery 
        from, and mitigation of disasters;
            (4) improve coordination among the communities of 
        individuals with disabilities and older adults, including 
        multiply marginalized BIPOC and LGBTQ+ communities, government 
        agencies, centers for independent living, VOADs, and other 
        nongovernmental organizations, including organizations that 
        represent and are comprised of covered individuals; in 
        preparing (including planning) for, responding to, recovery 
        from, and mitigation of disasters;
            (5) improve outcomes for all individuals, including 
        individuals with disabilities and older adults, who are 
        affected by disasters, and increase community resilience in 
        responding to disasters; and
            (6) enact into Federal law standards of care and standards 
        for protection of civil rights, for older adults and people 
        with disabilities, to be applied for disasters and public 
        health emergencies.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Access and functional needs.--The term ``access and 
        functional needs'', used with respect to an individual, means 
        an individual with needs such as--
                    (A) an individual with a disability;
                    (B) an older adult;
                    (C) an individual with limited English proficiency;
                    (D) an individual with limited access to 
                transportation that would enable the individual to 
                prepare for, respond to, recover from, and mitigate a 
                disaster; or
                    (E) an individual with limited access to the 
                financial resources that would enable the individual to 
                prepare for, respond to, recover from, and mitigate a 
                disaster.
            (2) All hazards approach.--The term ``all hazards 
        approach'' means planning for natural, technological, or human-
        caused incidents that warrant action to--
                    (A) protect life, property, the environment, or the 
                public health or safety; and
                    (B) minimize disruptions of school activities.
            (3) Civil rights.--The term ``civil rights'', used with 
        respect to an individual, means the existing (as of the date of 
        enactment of this Act) legal rights of an individual to be free 
        from discrimination on the basis of disability or age in 
        programs and activities.
            (4) Covered individual.--The term ``covered individual'' 
        means an individual with a disability, an older adult, and an 
        individual with access and functional needs.
            (5) Disability inclusive emergency management experience.--
        The term ``disability inclusive emergency management 
        experience'', used with respect to an individual or entity--
                    (A) means an individual or entity that has--
                            (i) demonstrated disability leadership 
                        experience, including working with 
                        nongovernmental entities; and
                            (ii) subject matter expertise in leading 
                        disability inclusive preparedness, response, 
                        recovery, and mitigation initiatives that focus 
                        on meeting the civil rights of covered 
                        individuals who are affected by disasters, to 
                        be free from discrimination on the basis of 
                        disability or age in programs and activities; 
                        and
                    (B) includes an individual or entity that has 
                demonstrated favorable outcomes that measure the 
                effective communication access, physical access, 
                program access, health, safety, and independence of 
                individuals affected by disasters and their 
                communities.
            (6) Disaster.--The term ``disaster'' means an emergency or 
        major disaster (as such terms are defined under section 102 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5122)) that results in severe property damage, 
        deaths, or multiple injuries.
            (7) Disaster services.--The term ``disaster services'' 
        means the process of responding to a disaster and providing 
        humanitarian aid to individuals and communities who are 
        affected by a disaster.
            (8) Disproportionately affected.--The term 
        ``disproportionately affected'', used with respect to a group, 
        means a group of individuals with protected status, including 
        individuals with disabilities or older adults, who are 
        excessively adversely affected by disaster-related harms.
            (9) Indian tribal government.--The term ``Indian Tribal 
        government'' has the meaning given the term ``Indian tribal 
        government'' in section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122).
            (10) Individual with a disability.--
                    (A) Single.--The term ``individual with a 
                disability'' means an individual with a disability, as 
                defined in section 3 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12102).
                    (B) Plural.--The term ``individuals with 
                disabilities'' means more than one individual with a 
                disability, as defined in subparagraph (A).
            (11) Older adult.--The term ``older adult'' means a 
        resident who is age 50 or older.
            (12) Public health emergency.--The term ``public health 
        emergency'' means a public health emergency declared under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d).
            (13) Resident.--The term ``resident'' means--
                    (A) in the case of an individual receiving 
                assistance through an Indian Tribal Government or other 
                Indian entity, a resident of an area or member of a 
                community governed by an Indian Tribal Government; and
                    (B) in the case of an individual not described in 
                subparagraph (A), a resident of a State that is not an 
                Indian Tribal Government.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (15) State.--The term ``State'' means any of the 50 States, 
        an Indian Tribal Government, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
            (16) Visitability standards.--The term ``visitability 
        standards'' means standards for Type C (Visitable) Units under 
        the Standards for Accessible and Usable Buildings and 
        Facilities (ICC A117.1-2009), or any successor standards, of 
        the American National Standards Institute.
            (17) VOAD.--The term ``VOAD'' means a nongovernmental 
        organization assisting in disaster preparation, recovery, 
        response, or mitigation.

SEC. 5. USE OF DISASTER RESPONSE FUNDS.

    Section 615 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196d) is amended--
            (1) by striking ``Funds made available'' and inserting the 
        following:
    ``(a) Definitions.--In this section:
            ``(1) Access and functional needs.--The term `access and 
        functional needs', used with respect to an individual, means an 
        individual with needs such as--
                    ``(A) an individual with a disability;
                    ``(B) an older adult;
                    ``(C) an individual with limited English 
                proficiency;
                    ``(D) an individual with limited access to 
                transportation that would enable the individual to 
                prepare for, respond to, or recover from, and mitigate 
                an emergency or major disaster; or
                    ``(E) an individual with limited access to the 
                financial resources that would enable the individual to 
                prepare for, respond to, recover from, or mitigate an 
                emergency or major disaster.
            ``(2) Center for independent living.--The term `center for 
        independent living' has the meaning given that term in section 
        702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).
            ``(3) Covered recipient.--
                    ``(A) In general.--The term `covered recipient' 
                means a direct or indirect recipient of funds made 
                available under this title for a covered use of funds.
                    ``(B) Exclusion.--The term `covered recipient' does 
                not include individuals or households.
            ``(4) Covered use of funds.--The term `covered use of 
        funds' means the use of funds for the preparation for, response 
        to, recovery from, or mitigation of hazards.
            ``(5) Individual with a disability.--
                    ``(A) Single.--The term `individual with a 
                disability' means an individual with a disability, as 
                defined in section 3 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12102).
                    ``(B) Plural.--The term `individuals with 
                disabilities' means more than one individual with a 
                disability, as defined in subparagraph (A).
            ``(6) Older adult.--The term `older adult' means an 
        individual who is age 50 or older.
            ``(7) Visitability standards.--The term `visitability 
        standards' means standards for Type C (Visitable) Units under 
        the Standards for Accessible and Usable Buildings and 
        Facilities (ICC A117.1-2009), or any successor standards, of 
        the American National Standards Institutes.
    ``(b) Use of Funds Generally.--Funds made available''; and
            (2) by adding at the end the following:
    ``(c) Advisory Committees.--A covered recipient shall ensure that 
an advisory committee that includes individuals with disabilities, 
older adults, and other individuals with access and functional needs 
shall oversee the use of funds made available under this title to the 
covered recipient.
    ``(d) Compliance With Disability Laws.--A covered recipient shall 
use funds made available under this title in accordance with the 
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
    ``(e) Centers for Independent Living.--A covered recipient may 
contract with 1 or more centers for independent living to--
            ``(1) prepare for hazards;
            ``(2) provide personal assistance services during response 
        and recovery periods;
            ``(3) identify accessible emergency shelters and adapt 
        emergency shelters to be accessible;
            ``(4) develop accessible media, including media using 
        American Sign Language; and
            ``(5) meet other needs for individuals with disabilities, 
        older adults, and individuals with access and functional needs.
    ``(f) Contractors.--A nongovernmental organization that enters into 
a contract with a covered recipient relating to a covered use of funds 
shall comply with the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) in providing property or services under the contract.
    ``(g) Communications.--Communications relating to a covered use of 
funds by a covered recipient shall be made available in languages, 
including American Sign Language and other sign languages, used in the 
communities receiving the communications.
    ``(h) Accessibility.--A covered recipient shall ensure each 
facility or service made available in connection with a covered use of 
funds is accessible to individuals with disabilities, older adults, and 
other individuals with access and functional needs, including--
            ``(1) notifications relating to a hazard;
            ``(2) evacuation notifications;
            ``(3) notifications relating to disaster services; and
            ``(4) emergency shelters.
    ``(i) Visitability.--A covered recipient that, as part of a covered 
use of funds, constructs or prepares dwelling units (including sleeping 
units) shall ensure that the dwelling units meet visitability 
standards.''.

SEC. 6. TRAINING, TECHNICAL ASSISTANCE, AND RESEARCH DISABILITY AND 
              DISASTER CENTERS.

    (a) Purpose.--The purpose of this section is to provide financial 
support to eligible entities to create centers through which the 
eligible entities will--
            (1) provide training and technical assistance to State, 
        local, Tribal, and territorial disaster relief, public health, 
        and social service agencies in the implementation and 
        enhancement of systemic and effective engagement policies, 
        programs, and activities that ensure--
                    (A) that the needs and civil rights of covered 
                individuals are addressed and implemented throughout 
                all phases of disaster preparation, response, recovery, 
                and mitigation; and
                    (B) the inclusion of covered individuals in the 
                development of all State, local, Tribal, and 
                territorial disaster preparation plans;
            (2) assist Federal, State, local, Tribal, and territorial 
        disaster relief agencies in the coordination and integration of 
        Federal, State (including territorial), local, and Tribal 
        services and programs to serve covered individuals in the least 
        restrictive environment appropriate to their needs during a 
        disaster;
            (3) conduct research and expand knowledge about covered 
        individuals and their experiences during the preparation, 
        response, recovery, and mitigation phases of disasters; and
            (4) discover, through research, and disseminate knowledge 
        about, the most effective methods for--
                    (A) protecting the civil rights of covered 
                individuals during times of disasters;
                    (B) including covered individuals in all phases of 
                disaster preparation, response, recovery, and 
                mitigation;
                    (C) reducing their deaths, injuries and losses from 
                disasters;
                    (D) reducing the displacement and disproportionate 
                effects of relocation after a disaster, including 
                financial and social effects, on covered individuals; 
                and
                    (E) ensuring covered individuals are participants 
                in the research, development, and distribution of 
                evidence-based information regarding disasters.
    (b) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        entity or partnership of entities that--
                    (A) submits an application to the Secretary in 
                accordance with subsection (e);
                    (B) is or includes an institution (which may be an 
                institution of higher education), or a nongovernmental 
                organization, that focuses on--
                            (i) serving the needs of individuals with 
                        disabilities; or
                            (ii) serving the needs of older adults;
                    (C) in the case of an entity or partnership with a 
                disability focus, has a cross-disability service focus;
                    (D) has experience in conducting training, 
                technical assistance, and research pertaining to 
                consumer-directed community support services for 
                covered individuals;
                    (E) includes covered individuals in positions of 
                leadership in the planning, management, and operation 
                of the programs of training, technical assistance, and 
                research;
                    (F) has knowledge and experience pertaining to the 
                implementation and enhancement of systemic and 
                effective engagement policies, programs, and activities 
                that promote the inclusion, needs, and civil rights of 
                covered individuals in preparation for, response to, 
                recovery from, and mitigation of disasters; and
                    (G) has, or will establish, an advisory council or 
                similar entity, of which at least 51 percent of the 
                members are covered individuals.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (3) Stakeholder group.--The term ``stakeholder group'' 
        means a group of individuals and organizations that--
                    (A) is committed to disability inclusive and older 
                adult inclusive disaster management;
                    (B) includes covered individuals throughout 
                preparedness, response, recovery, and mitigation 
                activities;
                    (C) has leaders that include covered individuals;
                    (D) has a governing or advisory board, of which at 
                least half of the members are covered individuals; and
                    (E) has a mission to inclusively serve covered 
                individuals.
    (c) Authority for Grants.--The Secretary may award grants, on a 
competitive basis, to eligible entities, to provide for--
            (1) activities that include covered individuals in the 
        preparation (including planning) for, response to, recovery 
        from, and mitigation of disasters; and
            (2) except as described in subsection (d)(2), research 
        related to disasters and covered individuals.
    (d) Amount and Period of Grants.--
            (1) Amount.--In awarding grants under this section, the 
        Secretary shall, to the extent practicable, award a grant to an 
        eligible entity in an amount that is not less than $2,500,000 
        and not more than $10,000,000.
            (2) Distribution.--The Secretary shall award not fewer than 
        2 of the grants in each of the 10 Federal regions of the 
        Department of Health and Human Services. At least 1 grant in 
        each region shall be awarded to an eligible entity exclusively 
        to conduct training and technical assistance described in 
        paragraphs (1) and (2) of subsection (a).
            (3) Periods.--The Secretary shall award the grants for 
        periods of 5 years, through an open competition held at the end 
        of each 5-year period. Eligible entities that receive grants 
        under this section may reapply for such grants at the end of 
        the periods.
    (e) Applications.--
            (1) Submissions.--To be eligible to receive a grant under 
        this section, an entity shall submit an application to the 
        Secretary at such time and in such manner as the Secretary may 
        require.
            (2) Contents.--Each such application shall include, at a 
        minimum, the following:
                    (A) A description of the applicant's demonstrated 
                experience in providing training, information, and 
                support to individuals with disabilities in preparing 
                for, responding to, recovering from, and mitigating 
                disasters.
                    (B) A description of the applicant's demonstrated 
                experience in providing training, information, and 
                support to older adults in preparing for, responding 
                to, recovering from, and mitigating disasters.
                    (C) A description of the applicant's demonstrated 
                experience in working with Federal, State, local, 
                Tribal, and territorial government agencies in 
                preparing for, responding to, recovering from, and 
                mitigating disasters.
                    (D) A description of the steps the applicant, 
                acting through the center, will take to target services 
                to low-income individuals and individuals identified as 
                disproportionately affected in disasters, including 
                those individuals at greatest risk of 
                institutionalization.
                    (E) An assurance that the applicant, acting through 
                the center, will--
                            (i) work with State, local, Tribal, and 
                        territorial disaster relief, public health, and 
                        social service agencies to determine the best 
                        means for delivery of services to address the 
                        needs of covered individuals;
                            (ii) assist in establishing State, local, 
                        Tribal, and territorial disaster plans to 
                        address the needs of both rural and urban 
                        populations;
                            (iii) in carrying out activities under the 
                        grant, conduct sufficient outreach to centers 
                        for independent living, VOADs, and other 
                        nongovernmental organizations, including 
                        organizations that represent and are comprised 
                        of covered individuals;
                            (iv) include covered individuals in a 
                        meaningful way in the development and execution 
                        of activities carried out under the grant;
                            (v) provide adequate staff, including staff 
                        who are individuals with disabilities, to carry 
                        out the activities under the grant; and
                            (vi) communicate information on the 
                        programs and systems developed under the grant, 
                        in accessible formats and languages, including 
                        American Sign Language, of the communities 
                        being served.
    (f) Priority.--In awarding grants for activities described in this 
section, the Secretary shall give priority to eligible entities that--
            (1) demonstrate a minimum of 3 years of experience in 
        actively conducting disability inclusive and older adult 
        inclusive disaster management;
            (2) propose activities to address the preparedness, 
        response, recovery, and mitigation needs of covered 
        individuals;
            (3) propose activities to address leadership development in 
        State, local, Tribal, and territorial agencies and covered 
        individual advocacy organizations;
            (4) includes covered individuals in positions of leadership 
        in the planning, management, and operation of the activities 
        carried out under this section;
            (5) demonstrate ability to provide training that prevents 
        bias due to disability or age, and that uses experiential 
        approaches and does not rely on simulations;
            (6) demonstrate expertise concerning the obligation to 
        prevent discrimination against covered individuals on the basis 
        of disability and age in programs and provide activities and 
        specific plans for achieving and maintaining physical access, 
        program access, and effective communication for covered 
        individuals throughout all grant activities;
            (7) demonstrate that the eligible entity involved will use 
        measurable collaboration and partnership strategies with State, 
        local, Tribal, and territorial agencies, centers for 
        independent living, VOADs, and other nongovernmental 
        organizations, including organizations that represent and are 
        comprised of covered individuals;
            (8) demonstrate that the eligible entity will use 
        measurable disaster outcomes strategies in carrying out grant 
        activities;
            (9) demonstrate the ability to quickly create products, 
        such as videos, fact sheets, guidelines, and checklists, to be 
        used in disaster management;
            (10) employ constituents of the entity in decisionmaking 
        positions;
            (11) provide disability inclusive and older adult inclusive 
        disaster management leadership skills development;
            (12) demonstrate awareness of available resources in the 
        community for meeting the preparedness, response, recovery, and 
        mitigation needs of covered individuals; and
            (13) demonstrate expertise in promoting the use of 
        universal design (as defined in section 103 of the Higher 
        Education Act of 1965 (20 U.S.C. 1003)), the philosophy of 
        independent living (within the meaning of that philosophy in 
        title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796 et 
        seq.)), intersectionality imperatives, and the social model of 
        disability.
    (g) Use of Funds.--
            (1) In general.--Grant funds made available under this 
        section shall be used only for activities described in and 
        approved by the Secretary as a part of an application submitted 
        under subsection (e), to carry out--
                    (A) a strategy designed to ensure the inclusion of 
                covered individuals in the preparation (including 
                planning) for, response to, recovery from, and 
                mitigation of disasters; and
                    (B) research to enhance the activities described in 
                subparagraph (A), using not more than 25 percent of the 
                grant funds to carry out that research.
            (2) Activities.--Such activities may include initiatives 
        that provide comprehensive training, technical assistance, 
        development of funding sources, and support to State, local, 
        Tribal, and territorial disaster relief, public health, and 
        social service agencies and stakeholder groups, in order to 
        ensure that, in carrying out disaster management planning and 
        programs, the agencies and groups address the inclusion, civil 
        rights, and needs of covered individuals by--
                    (A) hiring personnel with direct knowledge of and 
                experience with meeting the civil rights of covered 
                individuals to be free from discrimination on the basis 
                of disability or age in programs and activities;
                    (B) training staff of State, local, Tribal, and 
                territorial disaster relief, public health, and social 
                service agencies on the needs and civil right of 
                covered individuals, preferably through training by 
                experts who are, collectively, individuals with 
                disabilities and older adults;
                    (C) creating partnerships between eligible 
                entities, State, local, Tribal, and territorial 
                disaster relief, public health, and social service 
                agencies, centers for independent living, VOADs, and 
                other nongovernmental organizations, including 
                organizations that represent and are comprised of 
                covered individuals;
                    (D) assisting in the development and 
                implementation, in partnership with State, local, 
                Tribal, and territorial disaster relief, public health, 
                and social service agencies, of plans that will provide 
                for a continuum of services to remove barriers to full 
                engagement for covered individuals during a disaster 
                and in preparedness (including planning) for, response 
                to, recovery from, and mitigation of a disaster;
                    (E) assisting in the creation of standards and 
                identification of funding sources for rebuilding 
                disaster-damaged housing and new housing that is 
                accessible, affordable, and disaster-resilient;
                    (F) assisting in the creation of standards for 
                homeowner and flood insurance coverage for rebuilding 
                disaster-damaged housing and new housing that is 
                accessible, affordable, and disaster-resilient;
                    (G) establishing universal design and accessibility 
                standards, and establishing specifications for 
                visitability (based on the visitability standards), for 
                achieving and maintaining equal access for covered 
                individuals throughout all hazard mitigation and 
                disaster resilience activities;
                    (H) establishing initiatives to increase new and 
                transferred technology and innovations to solve 
                notification, evacuation, health maintenance, and other 
                barriers for covered individuals before, during, and 
                after disasters; and
                    (I) conducting research, in partnership with 
                covered individuals, that will contribute to knowledge 
                and strategies to--
                            (i) decrease injuries, deaths, and harm to 
                        covered individuals;
                            (ii) create inclusive disaster 
                        preparedness, recovery, response, and 
                        mitigation strategies for State, local, Tribal, 
                        and territorial agencies, centers for 
                        independent living, VOADs, and other 
                        nongovernmental organizations, including 
                        organizations that represent and are comprised 
                        of covered individuals;
                            (iii) preserve community living options and 
                        access to needed services and supports for 
                        covered individuals during post-disaster 
                        periods; and
                            (iv) conduct longitudinal studies that 
                        create and maintain datasets to assist in the 
                        understanding of Federal, State, local, Tribal, 
                        and territorial policies designed to reduce the 
                        negative impact of disasters on covered 
                        individuals and protect the civil right of 
                        covered individuals to be free from 
                        discrimination on the basis of disability or 
                        age in programs and activities.
            (3) Standards and guidelines.--The Secretary shall 
        establish standards and guidelines for activities supported by 
        a grant under this section. Such standards and guidelines shall 
        be developed with the input of stakeholder groups. In a 
        situation in which a refinement or adaptation of the standards 
        or guidelines is made necessary by a local circumstance, the 
        Secretary shall enter into negotiations with an eligible entity 
        applying for such a grant for a project in the affected area, 
        to refine or adapt the standards and guidelines for the 
        project.
    (h) Individual Rights.--Notwithstanding any other provision of this 
section, no entity, agency, or group assisted under this section shall 
take any action that infringes in any manner on the civil right of 
covered individuals to be free from discrimination on the basis of 
disability or age in programs and activities.
    (i) Reports.--Not later than January 31 of fiscal years 2026 and 
2028, the Secretary shall submit to Congress a report describing the 
activities carried out under this section during the preceding 2 fiscal 
years.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2024 through 2028.

SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        entity or partnership of entities that--
                    (A) submits an application to the Secretary at such 
                time, in such manner, and containing such information 
                as the Secretary may reasonably require;
                    (B) is or includes an institution (which may be an 
                institution of higher education), or a nongovernmental 
                organization, that focuses on--
                            (i) serving the needs of individuals with 
                        disabilities; or
                            (ii) serving the needs of older adults;
                    (C) in the case of an entity or partnership with a 
                disability focus, has a cross-disability service focus;
                    (D) has experience in conducting training, 
                technical assistance, and research pertaining to 
                consumer-directed community support services for 
                covered individuals;
                    (E) includes covered individuals in positions of 
                leadership in the planning, management, and operation 
                of the programs of training, technical assistance, and 
                research;
                    (F) has knowledge and experience pertaining to the 
                implementation and enhancement of systemic and 
                effective engagement policies, programs, and activities 
                that promote the inclusion, needs, and civil right of 
                covered individuals in preparation for, response to, 
                recovery from, and mitigation of disasters; and
                    (G) has, or will establish, an advisory council or 
                similar entity, of which at least 51 percent of the 
                members are covered individuals.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 6(b).
    (b) Grants, Contracts, and Cooperative Agreements.--
            (1) In general.--The Secretary shall award grants to, or 
        enter into contracts or cooperative agreements with, eligible 
        entities on a competitive basis to carry out projects of 
        national significance that--
                    (A) create opportunities for individuals with 
                disabilities and older adults to directly contribute to 
                improving preparation for, recovery from, response to, 
                and mitigation of disasters;
                    (B) support the development of State, local, 
                Tribal, and territorial policies that reinforce and 
                promote the inclusion of individuals with disabilities 
                and older adults in Federal, State, local, Tribal, and 
                territorial community preparation for disasters; and
                    (C) support research that--
                            (i) tracks, in the short-term and long-
                        term, the effects of disasters on individuals 
                        with disabilities and older adults;
                            (ii) identifies evidence-based practices 
                        that enhance inclusion of individuals with 
                        disabilities and older adults to participate in 
                        and lead preparation for disasters at Federal, 
                        State, local, Tribal, and territorial levels;
                            (iii) leads to the creation of strategies 
                        and procedures to implement community level 
                        practices that decrease deaths, injuries, and 
                        harm resulting from disasters to individuals 
                        with disabilities and older adults;
                            (iv) contributes to the protection of the 
                        civil right of covered individuals with 
                        disabilities and older adults to be free from 
                        discrimination on the basis of disability or 
                        age in programs and activities, and self-
                        determination of those individuals and adults, 
                        while also promoting their safety and well-
                        being during and following disasters;
                            (v) contributes to the development of 
                        Federal, State, local, Tribal, and territorial 
                        policies that enhance collaboration among 
                        governmental entities, centers for independent 
                        living, VOADs, and other nongovernmental 
                        organizations, including organizations that 
                        represent and are comprised of covered 
                        individuals, to improve the inclusion of 
                        covered individuals in preparation for, 
                        response to, recovery from, and mitigation of 
                        disasters; and
                            (vi) contributes to other efforts, as 
                        determined by the Secretary, to advance the 
                        purposes of this section.
            (2) Amount, quantity, and duration.--In awarding grants or 
        entering into contracts or cooperative agreements under this 
        section, the Secretary shall--
                    (A) to the extent practicable, ensure that each 
                such grant, contract, or cooperative agreement is for 
                an amount that is not less than $2,500,000 and not more 
                than $10,000,000;
                    (B) award or enter into not less than 4 grants, 
                contracts, or cooperative agreements; and
                    (C) ensure that each such grant, contract, or 
                cooperative agreement is for a period of not less than 
                3 years and not more than 5 years.

SEC. 8. CRISIS STANDARDS OF CARE AND CIVIL RIGHTS LAWS.

    (a) Standards of Care.--States and local governmental entities 
shall develop crisis standards of care for implementation during the 
period of a disaster or public health emergency pursuant to the 
nondiscrimination requirements under--
            (1) section 504 of the Rehabilitation Act of 1973 (29 
        U.S.C. 794); and
            (2) section 1557 of the Patient Protection and Affordable 
        Care Act (42 U.S.C. 18116).
    (b) Inclusions.--In developing and implementing crisis standards of 
care in accordance with subsection (a), States and local governmental 
entities shall comply with:
            (1) The crisis standards of care described in the guidance 
        issued by the Office for Civil Rights of the Department of 
        Health and Human Services entitled ``Bulletin: Civil Rights, 
        HIPAA, and the Coronavirus Disease 2019 (COVID-19)'' and dated 
        March 28, 2020, and any best practices developed by the Office 
        of Civil Rights pursuant to such guidance.
            (2) The following requirements:
                    (A) States and local governmental entities may not 
                develop or implement potentially discriminatory 
                policies that negatively affect covered individuals or 
                children. Such policies may address the application of 
                crisis standards of care in resource-constrained 
                settings during disasters and public health 
                emergencies.
                    (B) During disasters and public health emergencies, 
                civil rights may not be suspended or waived.
                    (C) Crisis standards of care shall reflect that 
                every human being has fundamental and inherent dignity, 
                equity, and worth, and has a right to be treated 
                equally and fairly in the provision of health care 
                services under Federal civil rights laws.
                    (D) Crisis standards of care shall be sufficiently 
                clear to allow practitioners to apply such standards of 
                care, especially when stewarding of scare resources 
                means withholding or withdrawing critical care 
                services. Such standards of care shall reflect the 
                values, wishes, and interest of all patients, 
                especially covered individuals and children.
                    (E) States and local governmental entities shall 
                partner with, and work to ensure strong public 
                engagement of, community and provider stakeholders, 
                with particular attention to the needs of covered 
                individuals and children.
                    (F) States and local governmental entities shall 
                use ethically and clinically sound planning to secure 
                equitable allocation of resources and fair protections 
                for covered individuals and children.
                    (G) States and local governmental entities shall 
                develop specific response measures to meet the needs of 
                covered individuals and children.
                    (H) States and local governmental entities shall 
                seek to eliminate the use of class, race, ethnicity, 
                neighborhood, disability, and age in decisions relating 
                to access of care.

SEC. 9. NATIONAL ADVISORY COMMITTEE ON INDIVIDUALS WITH DISABILITIES 
              AND DISASTERS.

    Section 2811C of the Public Health Service Act (42 U.S.C. 300hh-
10d) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), in the first sentence, by 
                striking ``17 members'' and inserting ``45 members'';
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(N) 11 members, representing the disability 
                community and reflecting the diverse characteristics of 
                its members, who shall--
                            ``(i) represent individuals with 
                        disabilities with a wide variety of disaster 
                        experiences, including cross-disability 
                        representation;
                            ``(ii) be geographically diverse;
                            ``(iii) be ethnically and racially diverse;
                            ``(iv) be of diverse ages, and include 
                        older adults;
                            ``(v) represent both genders, and include 
                        members that represent a variety of sexual 
                        orientations and gender identities;
                            ``(vi) include veterans; and
                            ``(vii) be linguistically diverse.
                    ``(O) 1 representative from each of--
                            ``(i) a coastal State emergency management 
                        agency with an employee in a position with 
                        established duties relating to integration of 
                        individuals with disabilities or to addressing 
                        access and functional needs;
                            ``(ii) a noncoastal State emergency 
                        management agency with an employee in a 
                        position described in clause (i);
                            ``(iii) a Tribal emergency management 
                        agency with an employee in a position described 
                        in clause (i);
                            ``(iv) a territorial emergency management 
                        agency with an employee in a position described 
                        in clause (i);
                            ``(v) a nongovernmental organization 
                        providing disaster preparedness and response 
                        services;
                            ``(vi) a local urban disaster management 
                        entity, which representative has disability 
                        inclusive emergency management experience;
                            ``(vii) a local rural disaster management 
                        entity, which representative has disability 
                        inclusive emergency management experience;
                            ``(viii) a local disability organization 
                        with a cross-disability focus;
                            ``(ix) a State disability organization with 
                        a cross-disability focus;
                            ``(x) a national disability organization 
                        with a cross-disability focus;
                            ``(xi) a national older adults 
                        organization;
                            ``(xii) the Council of the Inspectors 
                        General on Integrity and Efficiency;
                            ``(xiii) a low-income housing organization, 
                        who has expertise in the civil rights of 
                        disaster-affected covered individuals; and
                            ``(xiv) a representative of a legal 
                        services agency with expertise in the civil 
                        rights of disaster-affected covered 
                        individuals.
                    ``(P) The Secretary of Transportation.
                    ``(Q) The Director of Disability Policy for the 
                Domestic Policy Council.''; and
                    (C) by adding at the end the following:
            ``(3) Definitions.--In this subsection, the terms `access 
        and functional needs', `civil rights', `covered individual', 
        `disability inclusive emergency management experience', 
        `disaster', `individuals with disabilities', `older adult', and 
        `State' have the meanings given the terms in section 4 of the 
        REAADI for Disasters Act.'';
            (2) by redesignating subsection (g) as subsection (h);
            (3) by inserting after subsection (f) the following:
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for each of fiscal 
years 2024 through 2027.''; and
            (4) in subsection (h), as so redesignated--
                    (A) in paragraph (1), by striking ``on September 
                30, 2023'' and inserting ``4 years after the date of 
                enactment of the REAADI for Disasters Act''; and
                    (B) in paragraph (2), by striking ``October 1, 
                2022'' and inserting ``2 years after the date of 
                enactment of the REAADI for Disasters Act''.

SEC. 10. REVIEW OF SETTLEMENT AGREEMENTS RELATED TO DISASTERS AND 
              INDIVIDUALS WITH DISABILITIES AND OLDER ADULTS.

    (a) Definitions.--In this section:
            (1) Chief of the disability rights section.--The term 
        ``Chief of the Disability Rights Section'' means the Chief of 
        the Disability Rights Section of the Civil Rights Division of 
        the Department of Justice.
            (2) Committee.--The term ``Committee'' means the Disability 
        and Disaster Preparedness Advisory Committee established under 
        subsection (b).
            (3) Covered committee of congress.--The term ``covered 
        committee of Congress'' means--
                    (A) the Committee on Health, Education, Labor, and 
                Pensions and the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Transportation and 
                Infrastructure, the Committee on Education and the 
                Workforce, and the Committee on Energy and Commerce of 
                the House of Representatives.
            (4) Covered settlement agreement.--The term ``covered 
        settlement agreement'' means a settlement agreement--
                    (A) entered into by the United States during the 
                period beginning on January 1, 2005, and ending on the 
                first December 31 after the date of enactment of this 
                Act; and
                    (B) that relates to a potential violation of the 
                Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.) in connection with the preparation for, 
                response to, recovery from, or mitigation of a 
                disaster.
    (b) Establishment of Committee.--There is established an advisory 
committee, to be known as the ``Disability and Disaster Preparedness 
Advisory Committee'' to review covered settlement agreements.
    (c) Membership.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Attorney General shall appoint the 
        members of the Committee, which shall include--
                    (A) employees of the Department of Justice; and
                    (B) not less than 3 disability rights advocates 
                who--
                            (i) are not employees of the Federal 
                        Government;
                            (ii) are individuals with disabilities; and
                            (iii) have disability inclusive emergency 
                        management experience.
            (2) Period of appointment; vacancies.--
                    (A) In general.--A member of the Committee shall be 
                appointed for the life of the Committee.
                    (B) Vacancies.--Any vacancy in the Committee--
                            (i) shall not affect the powers of the 
                        Committee; and
                            (ii) shall be filled in the same manner as 
                        the original appointment.
            (3) Chairperson and vice chairperson.--The members of the 
        Committee shall elect a Chairperson and a Vice Chairperson from 
        among the members, not less than 1 of whom shall be a member 
        appointed under paragraph (1)(B).
            (4) Meetings.--
                    (A) In general.--The Committee shall meet at the 
                call of the Chairperson.
                    (B) Quorum.--A majority of the members of the 
                Committee shall constitute a quorum, but a lesser 
                number of members may hold hearings.
    (d) Duties.--The Committee shall--
            (1) conduct a review of each covered settlement agreement;
            (2) review annual reports and recommendations provided to 
        each covered committee of Congress relating to addressing the 
        needs of covered individuals in the preparation for, response 
        to, recovery from, or mitigation of a disaster;
            (3) not later than 1 year after the date of enactment of 
        this Act, submit a report containing the findings and 
        recommendations of the Committee to--
                    (A) each covered committee of Congress;
                    (B) any other entity of Congress with jurisdiction 
                over matters relating to addressing the needs of 
                covered individuals in the preparation for, response 
                to, recovery from, or mitigation of a disaster;
                    (C) the Attorney General;
                    (D) the Secretary of Education;
                    (E) the Secretary of Homeland Security;
                    (F) the Secretary of Health and Human Services;
                    (G) the Secretary of Transportation; and
                    (H) the President, through the Director of 
                Disability Policy for the Domestic Policy Council; and
            (4) provide the comments and recommendations described in 
        section 10(b)(2).
    (e) Powers of Committee.--
            (1) Hearings.--The Committee may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Committee considers advisable to 
        carry out this section.
            (2) Information from federal agencies.--
                    (A) In general.--The Committee may secure directly 
                from any Federal department or agency such information 
                as the Committee considers necessary to carry out this 
                section.
                    (B) Furnishing information.--On request of the 
                Chairperson of the Committee, the head of the 
                department or agency shall furnish the information to 
                the Committee.
                    (C) Disability rights section.--The Chief of the 
                Disability Rights Section shall submit to the Committee 
                a report on the oversight of covered settlement 
                agreements a sufficient period of time before the date 
                specified in subsection (d)(3) to allow the Committee 
                to review the report and include the report of the 
                Chief of the Disability Rights Section in the report of 
                the Committee under subsection (d)(3).
            (3) Postal services.--The Committee may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
    (f) Committee Personnel Matters.--
            (1) Compensation of members.--
                    (A) In general.--A member of the Committee who is 
                not an officer or employee of the Federal Government 
                shall be compensated at a rate equal to the daily 
                equivalent of the annual rate of basic pay prescribed 
                for level IV of the Executive Schedule under section 
                5315 of title 5, United States Code, for each day 
                (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Committee.
                    (B) Federal members.--A member of the Committee who 
                is an officer or employee of the United States shall 
                serve without compensation in addition to that received 
                for service as an officer or employee of the United 
                States.
            (2) Travel expenses.--A member of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their home or regular places of business 
        in the performance of services for the Committee.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Committee 
                may, without regard to the civil service laws 
                (including regulations), appoint and terminate an 
                executive director and such other additional personnel 
                as may be necessary to enable the Committee to perform 
                the duties of the Committee, except that the employment 
                of an executive director shall be subject to 
                confirmation by the Committee.
                    (B) Compensation.--The Chairperson of the Committee 
                may fix the compensation of the executive director and 
                other personnel without regard to chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification of positions and 
                General Schedule pay rates, except that the rate of pay 
                for the executive director and other personnel may not 
                exceed the rate payable for level V of the Executive 
                Schedule under section 5316 of that title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Committee without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Committee may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of that 
        title.
    (g) Termination of Committee.--The Committee shall terminate 90 
days after the date on which the Committee submits the report required 
under subsection (d)(3).
    (h) Reports by Disability Rights Section.--On and after the date on 
which the Committee submits the report required under subsection 
(d)(3), the Chief of the Disability Rights Section shall publish an 
annual report on the oversight of settlement agreements relating to 
disaster preparation, response, recovery, and mitigation activities.

SEC. 11. GAO REPORT ON PAST USE OF DISASTER FUNDS.

    (a) Investigation.--Not later than 60 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall begin to conduct an investigation of whether, on or after January 
1, 2005, Federal agencies have complied with the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the 
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), in expending 
Federal funds to prepare for, respond to, recover from, or mitigate 
disasters, including whether and, if so, how such funds were used to 
ensure accessibility to services and supports for individuals with 
disabilities and older adults.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall, in 
        accordance with paragraph (2), issue a report on the 
        investigation conducted under subsection (a), along with 
        recommendations for remediation of any misexpenditures 
        identified.
            (2) Review.--
                    (A) In general.--Prior to issuing the report under 
                paragraph (1), the Comptroller General shall obtain 
                comments and recommendations on a draft version of the 
                report, including the recommendations described in 
                subparagraph (B), from the National Advisory Committee 
                on Individuals with Disabilities and Disasters 
                established under section 2811C of the Public Health 
                Service Act (42 U.S.C. 300hh-10d) and the Disability 
                and Disaster Preparedness Advisory Committee 
                established under section 9(b) (referred to in this 
                paragraph as the ``Committees''), and any other agency 
                determined appropriate by the Secretary.
                    (B) Committee recommendations on additional 
                sources.--The recommendations obtained under 
                subparagraph (A) shall include recommendations from the 
                Committees regarding additional sources the Comptroller 
                General may interview for purposes of the investigation 
                under subsection (a).
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