Titled, “NATIONAL COMMISSION ON DISABILITY RIGHTS AND DISASTERS,” section 9 outlines recommended amendments to Section 2811C of the Public Health Service Act, and clarification of definitions.
Specifically, Section 2811C advises on membership in the National Advisory Committee on Individuals With Disabilities and Disasters. The committee will be an odd number of members, and a mix of individuals from Federal and non-Federal agencies. The committee, however, incorporates three important additions:
At least 2 individuals with disabilities with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities.
At least 2 non-Federal health care professionals with expertise in disability accessibility before, during, and after disasters, medical and mass care disaster planning, preparedness, response, or recovery.
At least 2 representatives from State, local, Tribal, or territorial agencies with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities.
REAADI for Disasters Act: A Summary
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Updated: April 11, 2023 by admin
As we prepare for the reintroduction of the REAADI for Disasters Act, here is a brief summary per section.
Click on a section below to expand it, and read the abbreviated summary of content for the section of the bill.
The Real Emergency Access for Aging and Disability Inclusion (REAADI) for Disasters Act provides solutions for persons with disabilities and older adults during the ever-increasing number of disasters in the United States. The REAADI Act will enable persons to maintain their health, safety, and independence before, during, and after disasters. The Act includes seven specific provisions: (1) funding research; (2) developing and delivering training and technical assistance; (3) creating a national commission that includes persons with disabilities; (4) Recognizes the role for centers for independent living throughout local disaster preparedness, response, and recovery. (5) establish in statute the Crisis Standards of Care issued by HHS/OCR during the pandemic and to apply those standards to all public health emergencies and disasters. (6) establishing a Department of Justice review of the Americans with Disabilities Act noncompliance settlement agreements; and (7) creating a government accountability review process for federal funds utilized for disasters to ensure compliance with federal law.
“SHORT TITLE” This section simply sets the title of the Bill as: “Real Emergency Access for Aging and Disability Inclusion for Disasters Act” or the “REAADI for Disasters Act”.
This section sets forth “FINDINGS AND SENSE OF CONGRESS,” the need for this Bill, citing sobering statistics:
With these statistics in mind, this section goes on to cite problems with our current systems of emergency management, and their toll on Disabled lives, including:
Then the “Sense of Congress” is stated; what Congress feels needs to happen in emergencies and disasters:
Section 3 outlines “PURPOSES” for this act. Purposes in emergencies and disasters, relating to Disabled people and older adults include:
This section, “DEFINITIONS,” contains definitions of the following terms:
ACCESS AND FUNCTIONAL NEEDS; ALL HAZARDS APPROACH; CIVIL RIGHTS; COVERED INDIVIDUAL; DISABILITY INCLUSIVE EMERGENCY MANAGEMENT EXPERIENCE; DISASTER; DISASTER SERVICES; DISPROPORTIONATELY AFFECTED; INDIAN TRIBAL GOVERNMENT; INDIVIDUAL WITH A DISABILITY; OLDER ADULT; PUBLIC HEALTH EMERGENCY; RESIDENT; SECRETARY; STATE; VISITABILITY STANDARDS; VOAD.
This section contains extensive information on “USE OF DISASTER RESPONSE FUNDS.”
It outlines modifications needed to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, including clarification of Disability-specific language; use of funds; inclusion of people with disabilities on advisory committees; and clarification of the role of Centers for Independent Living as emergency management service providers.
This section, titled “TRAINING, TECHNICAL ASSISTANCE, AND RESEARCH DISABILITY AND DISASTER CENTERS,” outlines funds to be allocated for these purposes, to address the needs of people with disabilities and older adults during the disaster and recovery process.
Details are provided for funds needed to:
Guidelines are put in place regarding AUTHORITY FOR GRANTS.
Grant funds, approved by the Secretary, can be used for the following disaster-related preparation, response, recovery and mitigation activities for people with disabilities:
Titled “PROJECTS OF NATIONAL SIGNIFICANCE,” this section authorizes the Secretary to award at least four grants, contracts or cooperative agreements with, eligible entities to:
The section outlines AMOUNT, QUANTITY, AND DURATION of grants.
This part is titled “CRISIS STANDARDS OF CARE AND CIVIL RIGHTS LAWS,” and its goal is to establish the Crisis Standards of Care set forth by the Department of Health Human Services Office of Civil Rights during the pandemic as the new standard for all public health emergencies and disasters.
This Crisis Standard of Care would comply with Section 504 of the Rehab Act; Section 1557 of the Patient Protection and Affordable Care Act; and the HHS “Bulletin: Civil Rights, HIPAA, and the Coronavirus Disease 2019 (COVID-19)”
States and local governments may not develop “new” policies that are discriminatory during disasters and public health emergencies.
Titled, “NATIONAL COMMISSION ON DISABILITY RIGHTS AND DISASTERS,” section 9 outlines recommended amendments to Section 2811C of the Public Health Service Act, and clarification of definitions.
Specifically, Section 2811C advises on membership in the National Advisory Committee on Individuals With Disabilities and Disasters. The committee will be an odd number of members, and a mix of individuals from Federal and non-Federal agencies. The committee, however, incorporates three important additions:
At least 2 individuals with disabilities with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities.
At least 2 non-Federal health care professionals with expertise in disability accessibility before, during, and after disasters, medical and mass care disaster planning, preparedness, response, or recovery.
At least 2 representatives from State, local, Tribal, or territorial agencies with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities.
Section 10 is a “REVIEW OF SETTLEMENT AGREEMENTS RELATED TO DISASTERS AND INDIVIDUALS WITH DISABILITIES AND OLDER ADULTS.”
This section provides information about the settlement agreement 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 that relates to a potential violation of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990 in connection with the preparation for, response to, recovery from, or mitigation of a disaster.
It contains specifics about establishment of an advisory committee, to be known as the “Disability and Disaster Preparedness Advisory Committee” to review covered settlement agreements.
Members of this committee will include employees of the Department of Justice; and not less than three disability rights advocates who are not employees of the Federal Government, are individuals with disabilities, and who have disability inclusive emergency management experience.
This committee will
This section also outlines specific duties of the Chairperson of the Committee, and committee members.
Titled “GAO REPORT ON PAST USE OF DISASTER FUNDS,” this section requires an investigation and a report to be issued no later than 1-year after enactment on whether, on or after January 1, 2005, Federal agencies have complied with the ADA and the Rehabilitation Act of 1973 in expending Federal funds in disaster preparedness, response and recovery.
Category: Announcement, Announcements, Emergency Preparedness Tags: disability, disabled, disasters, emergency preparedness, Partnership for Inclusive Disaster Strategies, PIDS