II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Real Emergency Ac5 cess for Aging and Disability Inclusion for Disasters Act’’ 

6 or the ‘‘REAADI for Disasters Act’’. 

7 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 1049 IS

1 (1) In the United States, according to the Cen2 ters for Disease Control and Prevention, there are 

3 more than 61,000,000 adults who are individuals 

4 with disabilities and, according to the Bureau of the 

5 Census, there are more than 54,000,000 adults age 

6 65 or older. 

7 (2) There have been more than 145 hurricanes, 

8 resulting in over 2,000 deaths, in the United States 

9 since 2000. 

10 (3) The National Oceanic and Atmospheric Ad11 ministration estimates that— 

12 (A) the cumulative damage from weather13 and climate-related disasters in 2022 cost the 

14 United States over $165,000,000,000; and 

15 (B) 18 of the disasters in 2022 cost over 

16 $1,000,000,000 each. 

17 (4) Individuals with disabilities and older adults 

18 have been found to die at higher rates, compared to 

19 the general population, during disasters. 

20 (5) According to the Federal Emergency Man21 agement Agency, in 2022— 

22 (A) the United States experienced 90 de23 clared disasters affecting more than 54,000,000 

24 people; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 1049 IS

1 (B) more than 16,000,000 of those people 

2 were adults who were individuals with disabil3 ities. 

4 (6) Failure to provide accessibility for, or plan 

5 for accommodating, individuals with physical or sen6 sory disabilities, chronic illness, or mental disabilities 

7 decreases the ability of those individuals to evacuate 

8 prior to or during a disaster. 

9 (7) Households of individuals with disabilities 

10 are more likely to need assistance and are less likely 

11 to be able to evacuate in advance of disasters. 

12 (8) Less than a third of individuals with intel13 lectual disabilities and individuals needing personal 

14 care attendants have planned with their personal 

15 care providers what to do in a disaster. 

16 (9) Evacuation information, including orders, is 

17 not uniformly communicated in ways and via media 

18 that are accessible to individuals with disabilities, in19 cluding being communicated in ways that lack use of 

20 American Sign Language, captions, and plain lan21 guage on websites, instructional materials, and tele22 vision and radio announcements. 

23 (10) Displaced individuals with disabilities 

24 served in general population shelters have better ac25 cess to information and material resources than indiVerDate Sep 11 2014 16:36 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1049.IS S1049

pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 1049 IS

1 viduals with disabilities in specially designed shel2 ters. 

3 (11) Despite better access to information and 

4 resources, personnel in general population shelters 

5 often do not have the resources or training to ad6 dress the needs of individuals with disabilities and 

7 older adults. 

8 (12) Public shelters often do not have dis9 ability-related accommodations, often forcing individ10 uals with disabilities and older adults to be seg11 regated, sometimes apart from their families and 

12 natural supports during disasters. 

13 (13) Households with individuals with disabil14 ities sustain more costly property damage from dis15 asters than households without individuals with dis16 abilities. 

17 (14) Historically, disaster-related recommenda18 tions for individuals with disabilities and older 

19 adults have been typically aimed at caregivers and 

20 service providers, not individuals with disabilities 

21 and older adults themselves. 

22 (15) Thousands of individuals with disabilities 

23 have been denied their civil rights because they do 

24 not receive accessible notice during disasters— 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 1049 IS

1 (A) of spoken instructions via phone or 

2 video; or 

3 (B) of instructions regarding evacuations, 

4 sheltering, and other procedures during disas5 ters. 

6 (16) Disaster shelters and services do not rou7 tinely have American Sign Language interpreters 

8 nor procedures written or presented in plain lan9 guage. 

10 (17) Individuals with disabilities and older 

11 adults are more at risk for loss of life, loss of inde12 pendence, or violation of civil rights than the general 

13 population during times of disasters, response, and 

14 recovery. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) individuals with disabilities and older adults 

18 should be supported during times of disasters, and 

19 during disaster preparedness, response, recovery, 

20 and mitigation in order to— 

21 (A) ensure maintenance of and access to 

22 services and supports; and 

23 (B) enable those individuals and adults to 

24 return to their communities in a timely manner 

25 as compared with the general population; 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 1049 IS

1 (2) during the recovery and mitigation phases 

2 of disaster response, all buildings and services 

3 should be designed, and constructed or recon4 structed, according to principles of universal design 

5 and to the standards established by the Architec6 tural and Transportation Barriers Compliance 

7 Board in order to ensure access for individuals with 

8 disabilities, older adults, and all individuals; 

9 (3) individuals with disabilities and older adults 

10 should have access to shelters and other services 

11 during disasters in the same locations and settings 

12 as the general population; 

13 (4) individuals with disabilities and older adults 

14 should receive information about preparation for, re15 sponse to, recovery from, and mitigation of disasters 

16 in formats accessible to them, including in American 

17 Sign Language, Braille, and plain language, as well 

18 as captioned video messages; 

19 (5) individuals with disabilities and older adults 

20 must be included as key speakers, essential stake21 holders, and decisionmakers in the preparation (in22 cluding planning), response, recovery, and mitigation 

23 phases of disasters; 

24 (6) local, State (including territorial), Tribal, 

25 and Federal disaster planning must include robust 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 1049 IS

1 representation of individuals with disabilities and 

2 older adults; and 

3 (7) individuals with disabilities and older adults 

4 must be included in the evaluation of governmental, 

5 VOAD, and other nongovernmental preparation (in6 cluding planning), response, recovery, and mitigation 

7 of disasters. 

8 SEC. 3. PURPOSES. 

9 The purposes of this Act are to— 

10 (1) improve the inclusion of individuals with 

11 disabilities and older adults in the preparation for, 

12 response to, recovery from, and mitigation of disas13 ters; 

14 (2) ensure that individuals with disabilities and 

15 older adults with disabilities are free from discrimi16 nation on the basis of disability or age in programs 

17 and activities, are protected during and included in 

18 all phases of disaster preparation, response, recov19 ery, and mitigation; 

20 (3) ensure compliance with the Americans with 

21 Disabilities Act of 1990, the Rehabilitation Act of 

22 1973, and other disability laws during preparation 

23 for, response to, recovery from, and mitigation of 

24 disasters; 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 1049 IS

1 (4) improve coordination among the commu2 nities of individuals with disabilities and older 

3 adults, including multiply marginalized BIPOC and 

4 LGBTQ+ communities, government agencies, cen5 ters for independent living, VOADs, and other non6 governmental organizations, including organizations 

7 that represent and are comprised of covered individ8 uals; in preparing (including planning) for, respond9 ing to, recovery from, and mitigation of disasters; 

10 (5) improve outcomes for all individuals, includ11 ing individuals with disabilities and older adults, who 

12 are affected by disasters, and increase community 

13 resilience in responding to disasters; and 

14 (6) enact into Federal law standards of care 

15 and standards for protection of civil rights, for older 

16 adults and people with disabilities, to be applied for 

17 disasters and public health emergencies. 

18 SEC. 4. DEFINITIONS. 

19 In this Act: 

20 (1) ACCESS AND FUNCTIONAL NEEDS.—The 

21 term ‘‘access and functional needs’’, used with re22 spect to an individual, means an individual with 

23 needs such as— 

24 (A) an individual with a disability; 

25 (B) an older adult; 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 1049 IS

1 (C) an individual with limited English pro2 ficiency; 

3 (D) an individual with limited access to 

4 transportation that would enable the individual 

5 to prepare for, respond to, recover from, and 

6 mitigate a disaster; or 

7 (E) an individual with limited access to the 

8 financial resources that would enable the indi9 vidual to prepare for, respond to, recover from, 

10 and mitigate a disaster. 

11 (2) ALL HAZARDS APPROACH.—The term ‘‘all 

12 hazards approach’’ means planning for natural, 

13 technological, or human-caused incidents that war14 rant action to— 

15 (A) protect life, property, the environment, 

16 or the public health or safety; and 

17 (B) minimize disruptions of school activi18 ties. 

19 (3) CIVIL RIGHTS.—The term ‘‘civil rights’’, 

20 used with respect to an individual, means the exist21 ing (as of the date of enactment of this Act) legal 

22 rights of an individual to be free from discrimination 

23 on the basis of disability or age in programs and ac24 tivities. 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 1049 IS

1 (4) COVERED INDIVIDUAL.—The term ‘‘covered 

2 individual’’ means an individual with a disability, an 

3 older adult, and an individual with access and func4 tional needs. 

5 (5) DISABILITY INCLUSIVE EMERGENCY MAN6 AGEMENT EXPERIENCE.—The term ‘‘disability inclu7 sive emergency management experience’’, used with 

8 respect to an individual or entity— 

9 (A) means an individual or entity that 

10 has— 

11 (i) demonstrated disability leadership 

12 experience, including working with non13 governmental entities; and 

14 (ii) subject matter expertise in leading 

15 disability inclusive preparedness, response, 

16 recovery, and mitigation initiatives that 

17 focus on meeting the civil rights of covered 

18 individuals who are affected by disasters, 

19 to be free from discrimination on the basis 

20 of disability or age in programs and activi21 ties; and 

22 (B) includes an individual or entity that 

23 has demonstrated favorable outcomes that 

24 measure the effective communication access, 

25 physical access, program access, health, safety, 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 1049 IS

1 and independence of individuals affected by dis2 asters and their communities. 

3 (6) DISASTER.—The term ‘‘disaster’’ means an 

4 emergency or major disaster (as such terms are de5 fined under section 102 of the Robert T. Stafford 

6 Disaster Relief and Emergency Assistance Act (42 

7 U.S.C. 5122)) that results in severe property dam8 age, deaths, or multiple injuries. 

9 (7) DISASTER SERVICES.—The term ‘‘disaster 

10 services’’ means the process of responding to a dis11 aster and providing humanitarian aid to individuals 

12 and communities who are affected by a disaster. 

13 (8) DISPROPORTIONATELY AFFECTED.—The 

14 term ‘‘disproportionately affected’’, used with re15 spect to a group, means a group of individuals with 

16 protected status, including individuals with disabil17 ities or older adults, who are excessively adversely 

18 affected by disaster-related harms. 

19 (9) INDIAN TRIBAL GOVERNMENT.—The term 

20 ‘‘Indian Tribal government’’ has the meaning given 

21 the term ‘‘Indian tribal government’’ in section 102 

22 of the Robert T. Stafford Disaster Relief and Emer23 gency Assistance Act (42 U.S.C. 5122). 

24 (10) INDIVIDUAL WITH A DISABILITY.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 1049 IS

1 (A) SINGLE.—The term ‘‘individual with a 

2 disability’’ means an individual with a dis3 ability, as defined in section 3 of the Americans 

4 with Disabilities Act of 1990 (42 U.S.C. 

5 12102). 

6 (B) PLURAL.—The term ‘‘individuals with 

7 disabilities’’ means more than one individual 

8 with a disability, as defined in subparagraph 

9 (A). 

10 (11) OLDER ADULT.—The term ‘‘older adult’’ 

11 means a resident who is age 50 or older. 

12 (12) PUBLIC HEALTH EMERGENCY.—The term 

13 ‘‘public health emergency’’ means a public health 

14 emergency declared under section 319 of the Public 

15 Health Service Act (42 U.S.C. 247d). 

16 (13) RESIDENT.—The term ‘‘resident’’ 

17 means— 

18 (A) in the case of an individual receiving 

19 assistance through an Indian Tribal Govern20 ment or other Indian entity, a resident of an 

21 area or member of a community governed by an 

22 Indian Tribal Government; and 

23 (B) in the case of an individual not de24 scribed in subparagraph (A), a resident of a 

25 State that is not an Indian Tribal Government. 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 1049 IS

1 (14) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Health and Human Services. 

3 (15) STATE.—The term ‘‘State’’ means any of 

4 the 50 States, an Indian Tribal Government, the 

5 District of Columbia, the Commonwealth of Puerto 

6 Rico, the United States Virgin Islands, Guam, 

7 American Samoa, and the Commonwealth of the 

8 Northern Mariana Islands. 

9 (16) VISITABILITY STANDARDS.—The term 

10 ‘‘visitability standards’’ means standards for Type C 

11 (Visitable) Units under the Standards for Accessible 

12 and Usable Buildings and Facilities (ICC A117.1– 

13 2009), or any successor standards, of the American 

14 National Standards Institute. 

15 (17) VOAD.—The term ‘‘VOAD’’ means a non16 governmental organization assisting in disaster prep17 aration, recovery, response, or mitigation. 

18 SEC. 5. USE OF DISASTER RESPONSE FUNDS. 

19 Section 615 of the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act (42 U.S.C. 5196d) is 

21 amended— 

22 (1) by striking ‘‘Funds made available’’ and in23 serting the following: 

24 ‘‘(a) DEFINITIONS.—In this section: 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 1049 IS

1 ‘‘(1) ACCESS AND FUNCTIONAL NEEDS.—The 

2 term ‘access and functional needs’, used with respect 

3 to an individual, means an individual with needs 

4 such as— 

5 ‘‘(A) an individual with a disability; 

6 ‘‘(B) an older adult; 

7 ‘‘(C) an individual with limited English 

8 proficiency; 

9 ‘‘(D) an individual with limited access to 

10 transportation that would enable the individual 

11 to prepare for, respond to, or recover from, and 

12 mitigate an emergency or major disaster; or 

13 ‘‘(E) an individual with limited access to 

14 the financial resources that would enable the in15 dividual to prepare for, respond to, recover 

16 from, or mitigate an emergency or major dis17 aster. 

18 ‘‘(2) CENTER FOR INDEPENDENT LIVING.—The 

19 term ‘center for independent living’ has the meaning 

20 given that term in section 702 of the Rehabilitation 

21 Act of 1973 (29 U.S.C. 796a). 

22 ‘‘(3) COVERED RECIPIENT.— 

23 ‘‘(A) IN GENERAL.—The term ‘covered re24 cipient’ means a direct or indirect recipient of 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 1049 IS

1 funds made available under this title for a cov2 ered use of funds. 

3 ‘‘(B) EXCLUSION.—The term ‘covered re4 cipient’ does not include individuals or house5 holds. 

6 ‘‘(4) COVERED USE OF FUNDS.—The term ‘cov7 ered use of funds’ means the use of funds for the 

8 preparation for, response to, recovery from, or miti9 gation of hazards. 

10 ‘‘(5) INDIVIDUAL WITH A DISABILITY.— 

11 ‘‘(A) SINGLE.—The term ‘individual with a 

12 disability’ means an individual with a disability, 

13 as defined in section 3 of the Americans with 

14 Disabilities Act of 1990 (42 U.S.C. 12102). 

15 ‘‘(B) PLURAL.—The term ‘individuals with 

16 disabilities’ means more than one individual 

17 with a disability, as defined in subparagraph 

18 (A). 

19 ‘‘(6) OLDER ADULT.—The term ‘older adult’ 

20 means an individual who is age 50 or older. 

21 ‘‘(7) VISITABILITY STANDARDS.—The term 

22 ‘visitability standards’ means standards for Type C 

23 (Visitable) Units under the Standards for Accessible 

24 and Usable Buildings and Facilities (ICC A117.1– 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 1049 IS

1 2009), or any successor standards, of the American 

2 National Standards Institutes. 

3 ‘‘(b) USE OF FUNDS GENERALLY.—Funds made 

4 available’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(c) ADVISORY COMMITTEES.—A covered recipient 

7 shall ensure that an advisory committee that includes indi8 viduals with disabilities, older adults, and other individuals 

9 with access and functional needs shall oversee the use of 

10 funds made available under this title to the covered recipi11 ent. 

12 ‘‘(d) COMPLIANCE WITH DISABILITY LAWS.—A cov13 ered recipient shall use funds made available under this 

14 title in accordance with the Rehabilitation Act of 1973 (29 

15 U.S.C. 701 et seq.) and the Americans with Disabilities 

16 Act of 1990 (42 U.S.C. 12101 et seq.). 

17 ‘‘(e) CENTERS FOR INDEPENDENT LIVING.—A cov18 ered recipient may contract with 1 or more centers for 

19 independent living to— 

20 ‘‘(1) prepare for hazards; 

21 ‘‘(2) provide personal assistance services during 

22 response and recovery periods; 

23 ‘‘(3) identify accessible emergency shelters and 

24 adapt emergency shelters to be accessible; 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 1049 IS

1 ‘‘(4) develop accessible media, including media 

2 using American Sign Language; and 

3 ‘‘(5) meet other needs for individuals with dis4 abilities, older adults, and individuals with access 

5 and functional needs. 

6 ‘‘(f) CONTRACTORS.—A nongovernmental organiza7 tion that enters into a contract with a covered recipient 

8 relating to a covered use of funds shall comply with the 

9 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and 

10 the Americans with Disabilities Act of 1990 (42 U.S.C. 

11 12101 et seq.) in providing property or services under the 

12 contract. 

13 ‘‘(g) COMMUNICATIONS.—Communications relating 

14 to a covered use of funds by a covered recipient shall be 

15 made available in languages, including American Sign 

16 Language and other sign languages, used in the commu17 nities receiving the communications. 

18 ‘‘(h) ACCESSIBILITY.—A covered recipient shall en19 sure each facility or service made available in connection 

20 with a covered use of funds is accessible to individuals with 

21 disabilities, older adults, and other individuals with access 

22 and functional needs, including— 

23 ‘‘(1) notifications relating to a hazard; 

24 ‘‘(2) evacuation notifications; 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•S 1049 IS

1 ‘‘(3) notifications relating to disaster services; 

2 and 

3 ‘‘(4) emergency shelters. 

4 ‘‘(i) VISITABILITY.—A covered recipient that, as part 

5 of a covered use of funds, constructs or prepares dwelling 

6 units (including sleeping units) shall ensure that the dwell7 ing units meet visitability standards.’’. 

8 SEC. 6. TRAINING, TECHNICAL ASSISTANCE, AND RE9 SEARCH DISABILITY AND DISASTER CEN10 TERS. 

11 (a) PURPOSE.—The purpose of this section is to pro12 vide financial support to eligible entities to create centers 

13 through which the eligible entities will— 

14 (1) provide training and technical assistance to 

15 State, local, Tribal, and territorial disaster relief, 

16 public health, and social service agencies in the im17 plementation and enhancement of systemic and ef18 fective engagement policies, programs, and activities 

19 that ensure— 

20 (A) that the needs and civil rights of cov21 ered individuals are addressed and implemented 

22 throughout all phases of disaster preparation, 

23 response, recovery, and mitigation; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•S 1049 IS

1 (B) the inclusion of covered individuals in 

2 the development of all State, local, Tribal, and 

3 territorial disaster preparation plans; 

4 (2) assist Federal, State, local, Tribal, and ter5 ritorial disaster relief agencies in the coordination 

6 and integration of Federal, State (including terri7 torial), local, and Tribal services and programs to 

8 serve covered individuals in the least restrictive envi9 ronment appropriate to their needs during a dis10 aster; 

11 (3) conduct research and expand knowledge 

12 about covered individuals and their experiences dur13 ing the preparation, response, recovery, and mitiga14 tion phases of disasters; and 

15 (4) discover, through research, and disseminate 

16 knowledge about, the most effective methods for— 

17 (A) protecting the civil rights of covered 

18 individuals during times of disasters; 

19 (B) including covered individuals in all 

20 phases of disaster preparation, response, recov21 ery, and mitigation; 

22 (C) reducing their deaths, injuries and 

23 losses from disasters; 

24 (D) reducing the displacement and dis25 proportionate effects of relocation after a disVerDate Sep 11 2014 16:36 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1049.IS S1049

pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•S 1049 IS

1 aster, including financial and social effects, on 

2 covered individuals; and 

3 (E) ensuring covered individuals are par4 ticipants in the research, development, and dis5 tribution of evidence-based information regard6 ing disasters. 

7 (b) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means an entity or partnership of entities that— 

10 (A) submits an application to the Sec11 retary in accordance with subsection (e); 

12 (B) is or includes an institution (which 

13 may be an institution of higher education), or 

14 a nongovernmental organization, that focuses 

15 on— 

16 (i) serving the needs of individuals 

17 with disabilities; or 

18 (ii) serving the needs of older adults; 

19 (C) in the case of an entity or partnership 

20 with a disability focus, has a cross-disability 

21 service focus; 

22 (D) has experience in conducting training, 

23 technical assistance, and research pertaining to 

24 consumer-directed community support services 

25 for covered individuals; 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•S 1049 IS

1 (E) includes covered individuals in posi2 tions of leadership in the planning, manage3 ment, and operation of the programs of train4 ing, technical assistance, and research; 

5 (F) has knowledge and experience per6 taining to the implementation and enhancement 

7 of systemic and effective engagement policies, 

8 programs, and activities that promote the inclu9 sion, needs, and civil rights of covered individ10 uals in preparation for, response to, recovery 

11 from, and mitigation of disasters; and 

12 (G) has, or will establish, an advisory 

13 council or similar entity, of which at least 51 

14 percent of the members are covered individuals. 

15 (2) INSTITUTION OF HIGHER EDUCATION.—The 

16 term ‘‘institution of higher education’’ has the 

17 meaning given the term in section 101(a) of the 

18 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

19 (3) STAKEHOLDER GROUP.—The term ‘‘stake20 holder group’’ means a group of individuals and or21 ganizations that— 

22 (A) is committed to disability inclusive and 

23 older adult inclusive disaster management; 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•S 1049 IS

1 (B) includes covered individuals through2 out preparedness, response, recovery, and miti3 gation activities; 

4 (C) has leaders that include covered indi5 viduals; 

6 (D) has a governing or advisory board, of 

7 which at least half of the members are covered 

8 individuals; and 

9 (E) has a mission to inclusively serve cov10 ered individuals. 

11 (c) AUTHORITY FOR GRANTS.—The Secretary may 

12 award grants, on a competitive basis, to eligible entities, 

13 to provide for— 

14 (1) activities that include covered individuals in 

15 the preparation (including planning) for, response 

16 to, recovery from, and mitigation of disasters; and 

17 (2) except as described in subsection (d)(2), re18 search related to disasters and covered individuals. 

19 (d) AMOUNT AND PERIOD OF GRANTS.— 

20 (1) AMOUNT.—In awarding grants under this 

21 section, the Secretary shall, to the extent prac22 ticable, award a grant to an eligible entity in an 

23 amount that is not less than $2,500,000 and not 

24 more than $10,000,000. 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•S 1049 IS

1 (2) DISTRIBUTION.—The Secretary shall award 

2 not fewer than 2 of the grants in each of the 10 

3 Federal regions of the Department of Health and 

4 Human Services. At least 1 grant in each region 

5 shall be awarded to an eligible entity exclusively to 

6 conduct training and technical assistance described 

7 in paragraphs (1) and (2) of subsection (a). 

8 (3) PERIODS.—The Secretary shall award the 

9 grants for periods of 5 years, through an open com10 petition held at the end of each 5-year period. Eligi11 ble entities that receive grants under this section 

12 may reapply for such grants at the end of the peri13 ods. 

14 (e) APPLICATIONS.— 

15 (1) SUBMISSIONS.—To be eligible to receive a 

16 grant under this section, an entity shall submit an 

17 application to the Secretary at such time and in 

18 such manner as the Secretary may require. 

19 (2) CONTENTS.—Each such application shall 

20 include, at a minimum, the following: 

21 (A) A description of the applicant’s dem22 onstrated experience in providing training, in23 formation, and support to individuals with dis24 abilities in preparing for, responding to, recov25 ering from, and mitigating disasters. 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•S 1049 IS

1 (B) A description of the applicant’s dem2 onstrated experience in providing training, in3 formation, and support to older adults in pre4 paring for, responding to, recovering from, and 

5 mitigating disasters. 

6 (C) A description of the applicant’s dem7 onstrated experience in working with Federal, 

8 State, local, Tribal, and territorial government 

9 agencies in preparing for, responding to, recov10 ering from, and mitigating disasters. 

11 (D) A description of the steps the appli12 cant, acting through the center, will take to tar13 get services to low-income individuals and indi14 viduals identified as disproportionately affected 

15 in disasters, including those individuals at 

16 greatest risk of institutionalization. 

17 (E) An assurance that the applicant, act18 ing through the center, will— 

19 (i) work with State, local, Tribal, and 

20 territorial disaster relief, public health, and 

21 social service agencies to determine the 

22 best means for delivery of services to ad23 dress the needs of covered individuals; 

24 (ii) assist in establishing State, local, 

25 Tribal, and territorial disaster plans to adVerDate Sep 11 2014 16:36 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1049.IS S1049

pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•S 1049 IS

1 dress the needs of both rural and urban 

2 populations; 

3 (iii) in carrying out activities under 

4 the grant, conduct sufficient outreach to 

5 centers for independent living, VOADs, 

6 and other nongovernmental organizations, 

7 including organizations that represent and 

8 are comprised of covered individuals; 

9 (iv) include covered individuals in a 

10 meaningful way in the development and 

11 execution of activities carried out under 

12 the grant; 

13 (v) provide adequate staff, including 

14 staff who are individuals with disabilities, 

15 to carry out the activities under the grant; 

16 and 

17 (vi) communicate information on the 

18 programs and systems developed under the 

19 grant, in accessible formats and languages, 

20 including American Sign Language, of the 

21 communities being served. 

22 (f) PRIORITY.—In awarding grants for activities de23 scribed in this section, the Secretary shall give priority to 

24 eligible entities that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•S 1049 IS

1 (1) demonstrate a minimum of 3 years of expe2 rience in actively conducting disability inclusive and 

3 older adult inclusive disaster management; 

4 (2) propose activities to address the prepared5 ness, response, recovery, and mitigation needs of 

6 covered individuals; 

7 (3) propose activities to address leadership de8 velopment in State, local, Tribal, and territorial 

9 agencies and covered individual advocacy organiza10 tions; 

11 (4) includes covered individuals in positions of 

12 leadership in the planning, management, and oper13 ation of the activities carried out under this section; 

14 (5) demonstrate ability to provide training that 

15 prevents bias due to disability or age, and that uses 

16 experiential approaches and does not rely on simula17 tions; 

18 (6) demonstrate expertise concerning the obliga19 tion to prevent discrimination against covered indi20 viduals on the basis of disability and age in pro21 grams and provide activities and specific plans for 

22 achieving and maintaining physical access, program 

23 access, and effective communication for covered indi24 viduals throughout all grant activities; 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•S 1049 IS

1 (7) demonstrate that the eligible entity involved 

2 will use measurable collaboration and partnership 

3 strategies with State, local, Tribal, and territorial 

4 agencies, centers for independent living, VOADs, 

5 and other nongovernmental organizations, including 

6 organizations that represent and are comprised of 

7 covered individuals; 

8 (8) demonstrate that the eligible entity will use 

9 measurable disaster outcomes strategies in carrying 

10 out grant activities; 

11 (9) demonstrate the ability to quickly create 

12 products, such as videos, fact sheets, guidelines, and 

13 checklists, to be used in disaster management; 

14 (10) employ constituents of the entity in deci15 sionmaking positions; 

16 (11) provide disability inclusive and older adult 

17 inclusive disaster management leadership skills de18 velopment; 

19 (12) demonstrate awareness of available re20 sources in the community for meeting the prepared21 ness, response, recovery, and mitigation needs of 

22 covered individuals; and 

23 (13) demonstrate expertise in promoting the 

24 use of universal design (as defined in section 103 of 

25 the Higher Education Act of 1965 (20 U.S.C. 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•S 1049 IS

1 1003)), the philosophy of independent living (within 

2 the meaning of that philosophy in title VII of the 

3 Rehabilitation Act of 1973 (29 U.S.C. 796 et seq.)), 

4 intersectionality imperatives, and the social model of 

5 disability. 

6 (g) USE OF FUNDS.— 

7 (1) IN GENERAL.—Grant funds made available 

8 under this section shall be used only for activities 

9 described in and approved by the Secretary as a part 

10 of an application submitted under subsection (e), to 

11 carry out— 

12 (A) a strategy designed to ensure the in13 clusion of covered individuals in the preparation 

14 (including planning) for, response to, recovery 

15 from, and mitigation of disasters; and 

16 (B) research to enhance the activities de17 scribed in subparagraph (A), using not more 

18 than 25 percent of the grant funds to carry out 

19 that research. 

20 (2) ACTIVITIES.—Such activities may include 

21 initiatives that provide comprehensive training, tech22 nical assistance, development of funding sources, 

23 and support to State, local, Tribal, and territorial 

24 disaster relief, public health, and social service agen25 cies and stakeholder groups, in order to ensure that, 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•S 1049 IS

1 in carrying out disaster management planning and 

2 programs, the agencies and groups address the in3 clusion, civil rights, and needs of covered individuals 

4 by— 

5 (A) hiring personnel with direct knowledge 

6 of and experience with meeting the civil rights 

7 of covered individuals to be free from discrimi8 nation on the basis of disability or age in pro9 grams and activities; 

10 (B) training staff of State, local, Tribal, 

11 and territorial disaster relief, public health, and 

12 social service agencies on the needs and civil 

13 right of covered individuals, preferably through 

14 training by experts who are, collectively, indi15 viduals with disabilities and older adults; 

16 (C) creating partnerships between eligible 

17 entities, State, local, Tribal, and territorial dis18 aster relief, public health, and social service 

19 agencies, centers for independent living, 

20 VOADs, and other nongovernmental organiza21 tions, including organizations that represent 

22 and are comprised of covered individuals; 

23 (D) assisting in the development and im24 plementation, in partnership with State, local, 

25 Tribal, and territorial disaster relief, public 


pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•S 1049 IS

1 health, and social service agencies, of plans that 

2 will provide for a continuum of services to re3 move barriers to full engagement for covered in4 dividuals during a disaster and in preparedness 

5 (including planning) for, response to, recovery 

6 from, and mitigation of a disaster; 

7 (E) assisting in the creation of standards 

8 and identification of funding sources for re9 building disaster-damaged housing and new 

10 housing that is accessible, affordable, and dis11 aster-resilient; 

12 (F) assisting in the creation of standards 

13 for homeowner and flood insurance coverage for 

14 rebuilding disaster-damaged housing and new 

15 housing that is accessible, affordable, and dis16 aster-resilient; 

17 (G) establishing universal design and ac18 cessibility standards, and establishing specifica19 tions for visitability (based on the visitability 

20 standards), for achieving and maintaining equal 

21 access for covered individuals throughout all 

22 hazard mitigation and disaster resilience activi23 ties; 

24 (H) establishing initiatives to increase new 

25 and transferred technology and innovations to 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•S 1049 IS

1 solve notification, evacuation, health mainte2 nance, and other barriers for covered individ3 uals before, during, and after disasters; and 

4 (I) conducting research, in partnership 

5 with covered individuals, that will contribute to 

6 knowledge and strategies to— 

7 (i) decrease injuries, deaths, and harm 

8 to covered individuals; 

9 (ii) create inclusive disaster prepared10 ness, recovery, response, and mitigation 

11 strategies for State, local, Tribal, and ter12 ritorial agencies, centers for independent 

13 living, VOADs, and other nongovernmental 

14 organizations, including organizations that 

15 represent and are comprised of covered in16 dividuals; 

17 (iii) preserve community living options 

18 and access to needed services and supports 

19 for covered individuals during post-disaster 

20 periods; and 

21 (iv) conduct longitudinal studies that 

22 create and maintain datasets to assist in 

23 the understanding of Federal, State, local, 

24 Tribal, and territorial policies designed to 

25 reduce the negative impact of disasters on 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•S 1049 IS

1 covered individuals and protect the civil 

2 right of covered individuals to be free from 

3 discrimination on the basis of disability or 

4 age in programs and activities. 

5 (3) STANDARDS AND GUIDELINES.—The Sec6 retary shall establish standards and guidelines for 

7 activities supported by a grant under this section. 

8 Such standards and guidelines shall be developed 

9 with the input of stakeholder groups. In a situation 

10 in which a refinement or adaptation of the standards 

11 or guidelines is made necessary by a local cir12 cumstance, the Secretary shall enter into negotia13 tions with an eligible entity applying for such a 

14 grant for a project in the affected area, to refine or 

15 adapt the standards and guidelines for the project. 

16 (h) INDIVIDUAL RIGHTS.—Notwithstanding any 

17 other provision of this section, no entity, agency, or group 

18 assisted under this section shall take any action that in19 fringes in any manner on the civil right of covered individ20 uals to be free from discrimination on the basis of dis21 ability or age in programs and activities. 

22 (i) REPORTS.—Not later than January 31 of fiscal 

23 years 2026 and 2028, the Secretary shall submit to Con24 gress a report describing the activities carried out under 

25 this section during the preceding 2 fiscal years. 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•S 1049 IS

1 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $100,000,000 for each of fiscal years 2024 through 2028. 

4 SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means an entity or partnership of entities that— 

8 (A) submits an application to the Sec9 retary at such time, in such manner, and con10 taining such information as the Secretary may 

11 reasonably require; 

12 (B) is or includes an institution (which 

13 may be an institution of higher education), or 

14 a nongovernmental organization, that focuses 

15 on— 

16 (i) serving the needs of individuals 

17 with disabilities; or 

18 (ii) serving the needs of older adults; 

19 (C) in the case of an entity or partnership 

20 with a disability focus, has a cross-disability 

21 service focus; 

22 (D) has experience in conducting training, 

23 technical assistance, and research pertaining to 

24 consumer-directed community support services 

25 for covered individuals; 


pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•S 1049 IS

1 (E) includes covered individuals in posi2 tions of leadership in the planning, manage3 ment, and operation of the programs of train4 ing, technical assistance, and research; 

5 (F) has knowledge and experience per6 taining to the implementation and enhancement 

7 of systemic and effective engagement policies, 

8 programs, and activities that promote the inclu9 sion, needs, and civil right of covered individ10 uals in preparation for, response to, recovery 

11 from, and mitigation of disasters; and 

12 (G) has, or will establish, an advisory 

13 council or similar entity, of which at least 51 

14 percent of the members are covered individuals. 

15 (2) INSTITUTION OF HIGHER EDUCATION.—The 

16 term ‘‘institution of higher education’’ has the 

17 meaning given the term in section 6(b). 

18 (b) GRANTS, CONTRACTS, AND COOPERATIVE

19 AGREEMENTS.— 

20 (1) IN GENERAL.—The Secretary shall award 

21 grants to, or enter into contracts or cooperative 

22 agreements with, eligible entities on a competitive 

23 basis to carry out projects of national significance 

24 that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•S 1049 IS

1 (A) create opportunities for individuals 

2 with disabilities and older adults to directly con3 tribute to improving preparation for, recovery 

4 from, response to, and mitigation of disasters; 

5 (B) support the development of State, 

6 local, Tribal, and territorial policies that rein7 force and promote the inclusion of individuals 

8 with disabilities and older adults in Federal, 

9 State, local, Tribal, and territorial community 

10 preparation for disasters; and 

11 (C) support research that— 

12 (i) tracks, in the short-term and long13 term, the effects of disasters on individuals 

14 with disabilities and older adults; 

15 (ii) identifies evidence-based practices 

16 that enhance inclusion of individuals with 

17 disabilities and older adults to participate 

18 in and lead preparation for disasters at 

19 Federal, State, local, Tribal, and territorial 

20 levels; 

21 (iii) leads to the creation of strategies 

22 and procedures to implement community 

23 level practices that decrease deaths, inju24 ries, and harm resulting from disasters to 


pbinns on DSKJLVW7X2PROD with $$_JOB
36 

•S 1049 IS

1 individuals with disabilities and older 

2 adults; 

3 (iv) contributes to the protection of 

4 the civil right of covered individuals with 

5 disabilities and older adults to be free from 

6 discrimination on the basis of disability or 

7 age in programs and activities, and self-de8 termination of those individuals and 

9 adults, while also promoting their safety 

10 and well-being during and following disas11 ters; 

12 (v) contributes to the development of 

13 Federal, State, local, Tribal, and territorial 

14 policies that enhance collaboration among 

15 governmental entities, centers for inde16 pendent living, VOADs, and other non17 governmental organizations, including or18 ganizations that represent and are com19 prised of covered individuals, to improve 

20 the inclusion of covered individuals in 

21 preparation for, response to, recovery from, 

22 and mitigation of disasters; and 

23 (vi) contributes to other efforts, as de24 termined by the Secretary, to advance the 

25 purposes of this section. 


pbinns on DSKJLVW7X2PROD with $$_JOB
37 

•S 1049 IS

1 (2) AMOUNT, QUANTITY, AND DURATION.—In 

2 awarding grants or entering into contracts or coop3 erative agreements under this section, the Secretary 

4 shall— 

5 (A) to the extent practicable, ensure that 

6 each such grant, contract, or cooperative agree7 ment is for an amount that is not less than 

8 $2,500,000 and not more than $10,000,000; 

9 (B) award or enter into not less than 4 

10 grants, contracts, or cooperative agreements; 

11 and 

12 (C) ensure that each such grant, contract, 

13 or cooperative agreement is for a period of not 

14 less than 3 years and not more than 5 years. 

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

16 LAWS. 

17 (a) STANDARDS OF CARE.—States and local govern18 mental entities shall develop crisis standards of care for 

19 implementation during the period of a disaster or public 

20 health emergency pursuant to the nondiscrimination re21 quirements under— 

22 (1) section 504 of the Rehabilitation Act of 

23 1973 (29 U.S.C. 794); and 

24 (2) section 1557 of the Patient Protection and 

25 Affordable Care Act (42 U.S.C. 18116). 


pbinns on DSKJLVW7X2PROD with $$_JOB
38 

•S 1049 IS

1 (b) INCLUSIONS.—In developing and implementing 

2 crisis standards of care in accordance with subsection (a), 

3 States and local governmental entities shall comply with: 

4 (1) The crisis standards of care described in the 

5 guidance issued by the Office for Civil Rights of the 

6 Department of Health and Human Services entitled 

7 ‘‘Bulletin: Civil Rights, HIPAA, and the Coronavirus 

8 Disease 2019 (COVID–19)’’ and dated March 28, 

9 2020, and any best practices developed by the Office 

10 of Civil Rights pursuant to such guidance. 

11 (2) The following requirements: 

12 (A) States and local governmental entities 

13 may not develop or implement potentially dis14 criminatory policies that negatively affect cov15 ered individuals or children. Such policies may 

16 address the application of crisis standards of 

17 care in resource-constrained settings during dis18 asters and public health emergencies. 

19 (B) During disasters and public health 

20 emergencies, civil rights may not be suspended 

21 or waived. 

22 (C) Crisis standards of care shall reflect 

23 that every human being has fundamental and 

24 inherent dignity, equity, and worth, and has a 

25 right to be treated equally and fairly in the proVerDate Sep 11 2014 16:36 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1049.IS S1049

pbinns on DSKJLVW7X2PROD with $$_JOB
39 

•S 1049 IS

1 vision of health care services under Federal civil 

2 rights laws. 

3 (D) Crisis standards of care shall be suffi4 ciently clear to allow practitioners to apply such 

5 standards of care, especially when stewarding of 

6 scare resources means withholding or with7 drawing critical care services. Such standards 

8 of care shall reflect the values, wishes, and in9 terest of all patients, especially covered individ10 uals and children. 

11 (E) States and local governmental entities 

12 shall partner with, and work to ensure strong 

13 public engagement of, community and provider 

14 stakeholders, with particular attention to the 

15 needs of covered individuals and children. 

16 (F) States and local governmental entities 

17 shall use ethically and clinically sound planning 

18 to secure equitable allocation of resources and 

19 fair protections for covered individuals and chil20 dren. 

21 (G) States and local governmental entities 

22 shall develop specific response measures to meet 

23 the needs of covered individuals and children. 

24 (H) States and local governmental entities 

25 shall seek to eliminate the use of class, race, 


pbinns on DSKJLVW7X2PROD with $$_JOB
40 

•S 1049 IS

1 ethnicity, neighborhood, disability, and age in 

2 decisions relating to access of care. 

3 SEC. 9. NATIONAL ADVISORY COMMITTEE ON INDIVIDUALS 

4 WITH DISABILITIES AND DISASTERS. 

5 Section 2811C of the Public Health Service Act (42 

6 U.S.C. 300hh–10d) is amended— 

7 (1) in subsection (c)— 

8 (A) in paragraph (1), in the first sentence, 

9 by striking ‘‘17 members’’ and inserting ‘‘45 

10 members’’; 

11 (B) in paragraph (2), by adding at the end 

12 the following: 

13 ‘‘(N) 11 members, representing the dis14 ability community and reflecting the diverse 

15 characteristics of its members, who shall— 

16 ‘‘(i) represent individuals with disabil17 ities with a wide variety of disaster experi18 ences, including cross-disability representa19 tion; 

20 ‘‘(ii) be geographically diverse; 

21 ‘‘(iii) be ethnically and racially di22 verse; 

23 ‘‘(iv) be of diverse ages, and include 

24 older adults; 


pbinns on DSKJLVW7X2PROD with $$_JOB
41 

•S 1049 IS

1 ‘‘(v) represent both genders, and in2 clude members that represent a variety of 

3 sexual orientations and gender identities; 

4 ‘‘(vi) include veterans; and 

5 ‘‘(vii) be linguistically diverse. 

6 ‘‘(O) 1 representative from each of— 

7 ‘‘(i) a coastal State emergency man8 agement agency with an employee in a po9 sition with established duties relating to in10 tegration of individuals with disabilities or 

11 to addressing access and functional needs; 

12 ‘‘(ii) a noncoastal State emergency 

13 management agency with an employee in a 

14 position described in clause (i); 

15 ‘‘(iii) a Tribal emergency management 

16 agency with an employee in a position de17 scribed in clause (i); 

18 ‘‘(iv) a territorial emergency manage19 ment agency with an employee in a posi20 tion described in clause (i); 

21 ‘‘(v) a nongovernmental organization 

22 providing disaster preparedness and re23 sponse services; 

24 ‘‘(vi) a local urban disaster manage25 ment entity, which representative has disVerDate Sep 11 2014 16:36 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1049.IS S1049

pbinns on DSKJLVW7X2PROD with $$_JOB
42 

•S 1049 IS

1 ability inclusive emergency management 

2 experience; 

3 ‘‘(vii) a local rural disaster manage4 ment entity, which representative has dis5 ability inclusive emergency management 

6 experience; 

7 ‘‘(viii) a local disability organization 

8 with a cross-disability focus; 

9 ‘‘(ix) a State disability organization 

10 with a cross-disability focus; 

11 ‘‘(x) a national disability organization 

12 with a cross-disability focus; 

13 ‘‘(xi) a national older adults organiza14 tion; 

15 ‘‘(xii) the Council of the Inspectors 

16 General on Integrity and Efficiency; 

17 ‘‘(xiii) a low-income housing organiza18 tion, who has expertise in the civil rights 

19 of disaster-affected covered individuals; 

20 and 

21 ‘‘(xiv) a representative of a legal serv22 ices agency with expertise in the civil 

23 rights of disaster-affected covered individ24 uals. 

25 ‘‘(P) The Secretary of Transportation. 


pbinns on DSKJLVW7X2PROD with $$_JOB
43 

•S 1049 IS

1 ‘‘(Q) The Director of Disability Policy for 

2 the Domestic Policy Council.’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(3) DEFINITIONS.—In this subsection, the 

5 terms ‘access and functional needs’, ‘civil rights’, 

6 ‘covered individual’, ‘disability inclusive emergency 

7 management experience’, ‘disaster’, ‘individuals with 

8 disabilities’, ‘older adult’, and ‘State’ have the mean9 ings given the terms in section 4 of the REAADI for 

10 Disasters Act.’’; 

11 (2) by redesignating subsection (g) as sub12 section (h); 

13 (3) by inserting after subsection (f) the fol14 lowing: 

15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to carry out this section 

17 $500,000 for each of fiscal years 2024 through 2027.’’; 

18 and 

19 (4) in subsection (h), as so redesignated— 

20 (A) in paragraph (1), by striking ‘‘on Sep21 tember 30, 2023’’ and inserting ‘‘4 years after 

22 the date of enactment of the REAADI for Dis23 asters Act’’; and 

24 (B) in paragraph (2), by striking ‘‘October 

25 1, 2022’’ and inserting ‘‘2 years after the date 


pbinns on DSKJLVW7X2PROD with $$_JOB
44 

•S 1049 IS

1 of enactment of the REAADI for Disasters 

2 Act’’. 

3 SEC. 10. REVIEW OF SETTLEMENT AGREEMENTS RELATED 

4 TO DISASTERS AND INDIVIDUALS WITH DIS5 ABILITIES AND OLDER ADULTS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) CHIEF OF THE DISABILITY RIGHTS SEC8 TION.—The term ‘‘Chief of the Disability Rights 

9 Section’’ means the Chief of the Disability Rights 

10 Section of the Civil Rights Division of the Depart11 ment of Justice. 

12 (2) COMMITTEE.—The term ‘‘Committee’’ 

13 means the Disability and Disaster Preparedness Ad14 visory Committee established under subsection (b). 

15 (3) COVERED COMMITTEE OF CONGRESS.—The 

16 term ‘‘covered committee of Congress’’ means— 

17 (A) the Committee on Health, Education, 

18 Labor, and Pensions and the Committee on 

19 Homeland Security and Governmental Affairs 

20 of the Senate; and 

21 (B) the Committee on Transportation and 

22 Infrastructure, the Committee on Education 

23 and the Workforce, and the Committee on En24 ergy and Commerce of the House of Represent25 atives. 


pbinns on DSKJLVW7X2PROD with $$_JOB
45 

•S 1049 IS

1 (4) COVERED SETTLEMENT AGREEMENT.—The 

2 term ‘‘covered settlement agreement’’ means a set3 tlement agreement— 

4 (A) entered into by the United States dur5 ing the period beginning on January 1, 2005, 

6 and ending on the first December 31 after the 

7 date of enactment of this Act; and 

8 (B) that relates to a potential violation of 

9 the Rehabilitation Act of 1973 (29 U.S.C. 701 

10 et seq.) or the Americans with Disabilities Act 

11 of 1990 (42 U.S.C. 12101 et seq.) in connec12 tion with the preparation for, response to, re13 covery from, or mitigation of a disaster. 

14 (b) ESTABLISHMENT OF COMMITTEE.—There is es15 tablished an advisory committee, to be known as the ‘‘Dis16 ability and Disaster Preparedness Advisory Committee’’ to 

17 review covered settlement agreements. 

18 (c) MEMBERSHIP.— 

19 (1) IN GENERAL.—Not later than 60 days after 

20 the date of enactment of this Act, the Attorney Gen21 eral shall appoint the members of the Committee, 

22 which shall include— 

23 (A) employees of the Department of Jus24 tice; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
46 

•S 1049 IS

1 (B) not less than 3 disability rights advo2 cates who— 

3 (i) are not employees of the Federal 

4 Government; 

5 (ii) are individuals with disabilities; 

6 and 

7 (iii) have disability inclusive emer8 gency management experience. 

9 (2) PERIOD OF APPOINTMENT; VACANCIES.— 

10 (A) IN GENERAL.—A member of the Com11 mittee shall be appointed for the life of the 

12 Committee. 

13 (B) VACANCIES.—Any vacancy in the 

14 Committee— 

15 (i) shall not affect the powers of the 

16 Committee; and 

17 (ii) shall be filled in the same manner 

18 as the original appointment. 

19 (3) CHAIRPERSON AND VICE CHAIRPERSON.— 

20 The members of the Committee shall elect a Chair21 person and a Vice Chairperson from among the 

22 members, not less than 1 of whom shall be a mem23 ber appointed under paragraph (1)(B). 

24 (4) MEETINGS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
47 

•S 1049 IS

1 (A) IN GENERAL.—The Committee shall 

2 meet at the call of the Chairperson. 

3 (B) QUORUM.—A majority of the members 

4 of the Committee shall constitute a quorum, but 

5 a lesser number of members may hold hearings. 

6 (d) DUTIES.—The Committee shall— 

7 (1) conduct a review of each covered settlement 

8 agreement; 

9 (2) review annual reports and recommendations 

10 provided to each covered committee of Congress re11 lating to addressing the needs of covered individuals 

12 in the preparation for, response to, recovery from, or 

13 mitigation of a disaster; 

14 (3) not later than 1 year after the date of en15 actment of this Act, submit a report containing the 

16 findings and recommendations of the Committee 

17 to— 

18 (A) each covered committee of Congress; 

19 (B) any other entity of Congress with ju20 risdiction over matters relating to addressing 

21 the needs of covered individuals in the prepara22 tion for, response to, recovery from, or mitiga23 tion of a disaster; 

24 (C) the Attorney General; 

25 (D) the Secretary of Education; 


pbinns on DSKJLVW7X2PROD with $$_JOB
48 

•S 1049 IS

1 (E) the Secretary of Homeland Security; 

2 (F) the Secretary of Health and Human 

3 Services; 

4 (G) the Secretary of Transportation; and 

5 (H) the President, through the Director of 

6 Disability Policy for the Domestic Policy Coun7 cil; and 

8 (4) provide the comments and recommendations 

9 described in section 10(b)(2). 

10 (e) POWERS OF COMMITTEE.— 

11 (1) HEARINGS.—The Committee may hold such 

12 hearings, sit and act at such times and places, take 

13 such testimony, and receive such evidence as the 

14 Committee considers advisable to carry out this sec15 tion. 

16 (2) INFORMATION FROM FEDERAL AGENCIES.— 

17 (A) IN GENERAL.—The Committee may 

18 secure directly from any Federal department or 

19 agency such information as the Committee con20 siders necessary to carry out this section. 

21 (B) FURNISHING INFORMATION.—On re22 quest of the Chairperson of the Committee, the 

23 head of the department or agency shall furnish 

24 the information to the Committee. 


pbinns on DSKJLVW7X2PROD with $$_JOB
49 

•S 1049 IS

1 (C) DISABILITY RIGHTS SECTION.—The 

2 Chief of the Disability Rights Section shall sub3 mit to the Committee a report on the oversight 

4 of covered settlement agreements a sufficient 

5 period of time before the date specified in sub6 section (d)(3) to allow the Committee to review 

7 the report and include the report of the Chief 

8 of the Disability Rights Section in the report of 

9 the Committee under subsection (d)(3). 

10 (3) POSTAL SERVICES.—The Committee may 

11 use the United States mails in the same manner and 

12 under the same conditions as other departments and 

13 agencies of the Federal Government. 

14 (f) COMMITTEE PERSONNEL MATTERS.— 

15 (1) COMPENSATION OF MEMBERS.— 

16 (A) IN GENERAL.—A member of the Com17 mittee who is not an officer or employee of the 

18 Federal Government shall be compensated at a 

19 rate equal to the daily equivalent of the annual 

20 rate of basic pay prescribed for level IV of the 

21 Executive Schedule under section 5315 of title 

22 5, United States Code, for each day (including 

23 travel time) during which the member is en24 gaged in the performance of the duties of the 

25 Committee. 


pbinns on DSKJLVW7X2PROD with $$_JOB
50 

•S 1049 IS

1 (B) FEDERAL MEMBERS.—A member of 

2 the Committee who is an officer or employee of 

3 the United States shall serve without compensa4 tion in addition to that received for service as 

5 an officer or employee of the United States. 

6 (2) TRAVEL EXPENSES.—A member of the 

7 Committee shall be allowed travel expenses, includ8 ing per diem in lieu of subsistence, at rates author9 ized for employees of agencies under subchapter I of 

10 chapter 57 of title 5, United States Code, while 

11 away from their home or regular places of business 

12 in the performance of services for the Committee. 

13 (3) STAFF.— 

14 (A) IN GENERAL.—The Chairperson of the 

15 Committee may, without regard to the civil 

16 service laws (including regulations), appoint 

17 and terminate an executive director and such 

18 other additional personnel as may be necessary 

19 to enable the Committee to perform the duties 

20 of the Committee, except that the employment 

21 of an executive director shall be subject to con22 firmation by the Committee. 

23 (B) COMPENSATION.—The Chairperson of 

24 the Committee may fix the compensation of the 

25 executive director and other personnel without 


pbinns on DSKJLVW7X2PROD with $$_JOB
51 

•S 1049 IS

1 regard to chapter 51 and subchapter III of 

2 chapter 53 of title 5, United States Code, relat3 ing to classification of positions and General 

4 Schedule pay rates, except that the rate of pay 

5 for the executive director and other personnel 

6 may not exceed the rate payable for level V of 

7 the Executive Schedule under section 5316 of 

8 that title. 

9 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

10 Any Federal Government employee may be detailed 

11 to the Committee without reimbursement, and such 

12 detail shall be without interruption or loss of civil 

13 service status or privilege. 

14 (5) PROCUREMENT OF TEMPORARY AND INTER15 MITTENT SERVICES.—The Chairperson of the Com16 mittee may procure temporary and intermittent serv17 ices under section 3109(b) of title 5, United States 

18 Code, at rates for individuals which do not exceed 

19 the daily equivalent of the annual rate of basic pay 

20 prescribed for level V of the Executive Schedule 

21 under section 5316 of that title. 

22 (g) TERMINATION OF COMMITTEE.—The Committee 

23 shall terminate 90 days after the date on which the Com24 mittee submits the report required under subsection 

25 (d)(3). 


pbinns on DSKJLVW7X2PROD with $$_JOB
52 

•S 1049 IS

1 (h) REPORTS BY DISABILITY RIGHTS SECTION.—On 

2 and after the date on which the Committee submits the 

3 report required under subsection (d)(3), the Chief of the 

4 Disability Rights Section shall publish an annual report 

5 on the oversight of settlement agreements relating to dis6 aster preparation, response, recovery, and mitigation ac7 tivities. 

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

9 (a) INVESTIGATION.—Not later than 60 days after 

10 the date of enactment of this Act, the Comptroller General 

11 of the United States shall begin to conduct an investiga12 tion of whether, on or after January 1, 2005, Federal 

13 agencies have complied with the Americans with Disabil14 ities Act of 1990 (42 U.S.C. 12101 et seq.), and the Reha15 bilitation Act of 1973 (29 U.S.C. 701 et seq.), in expend16 ing Federal funds to prepare for, respond to, recover from, 

17 or mitigate disasters, including whether and, if so, how 

18 such funds were used to ensure accessibility to services 

19 and supports for individuals with disabilities and older 

20 adults. 

21 (b) REPORT.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this Act, the Comptroller 

24 General shall, in accordance with paragraph (2), 

25 issue a report on the investigation conducted under 


pbinns on DSKJLVW7X2PROD with $$_JOB
53 

•S 1049 IS

1 subsection (a), along with recommendations for re2 mediation of any misexpenditures identified. 

3 (2) REVIEW.— 

4 (A) IN GENERAL.—Prior to issuing the re5 port under paragraph (1), the Comptroller Gen6 eral shall obtain comments and recommenda7 tions on a draft version of the report, including 

8 the recommendations described in subparagraph 

9 (B), from the National Advisory Committee on 

10 Individuals with Disabilities and Disasters es11 tablished under section 2811C of the Public 

12 Health Service Act (42 U.S.C. 300hh–10d) and 

13 the Disability and Disaster Preparedness Advi14 sory Committee established under section 9(b) 

15 (referred to in this paragraph as the ‘‘Commit16 tees’’), and any other agency determined appro17 priate by the Secretary. 

18 (B) COMMITTEE RECOMMENDATIONS ON

19 ADDITIONAL SOURCES.—The recommendations 

20 obtained under subparagraph (A) shall include 

21 recommendations from the Committees regard22 ing additional sources the Comptroller General 

23 may interview for purposes of the investigation 

24 under subsection (a). 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB