Sec. 8. National Commission on Disability and Aging Rights and Disasters
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There is established the National Commission on Disability and Aging Rights and Disasters (referred to in this section as the Commission ). The Commission shall include not more than 36 members. The members described in subparagraphs
(A)and
(B)of paragraph
(3)shall be appointed by the Secretary, after consultation with the Secretary of Homeland Security. The Commission members shall include— 11 members, representing the disability community and reflecting the diverse characteristics of its members, who shall— represent individuals with disabilities with a wide variety of disabilities and disaster experiences; be geographically diverse; be ethnically and racially diverse; be of diverse ages, and include older adults; represent both genders, and include members that represent a variety of sexual orientations and gender identities; include veterans; and be linguistically diverse; 1 representative from each of— 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; a noncoastal State emergency management agency with an employee in a position described in clause (i); a tribal emergency management agency with an employee in a position described in clause (i); a territorial emergency management agency with an employee in a position described in clause (i); a nongovernmental organization providing disaster preparedness and response services; a local urban disaster management entity, which representative has disability inclusive emergency management experience; a local rural disaster management entity, which representative has disability inclusive emergency management experience; a local disability organization with a cross-disability focus; a State disability organization with a cross-disability focus; a national disability organization with a cross-disability focus; a national older adults organization; the Council of the Inspectors General on Integrity and Efficiency; a low-income housing organization, who has expertise in the civil rights of disaster-affected covered individuals; and a representative of a legal services agency with expertise in the civil rights of disaster-affected covered individuals; and executive branch representatives consisting of— the Secretary of Homeland Security; the Secretary of Health and Human Services; the Secretary of Housing and Urban Development; the Administrator of the Federal Emergency Management Agency; the Assistant Attorney General for Civil Rights of the Department of Justice; the Chief of the Disability Rights Section of the Civil Rights Division of the Department of Justice; the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security; the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services; the Chairperson of the National Council on Disability; the Chairperson of the Architectural and Transportation Barriers Compliance Board; and the Director of the Office of Emergency Management of the Veterans Health Administration of the Department of Veterans Affairs. The Secretary shall appoint the members of the Commission described in subparagraphs
(A)and
(B)of paragraph
(3)not later than 60 days after the date of enactment of this Act. A member of the Commission shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment. The members of the Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. Both the Chairperson and the Vice Chairperson shall have extensive disability inclusive disaster management experience and at least one shall be an individual with a disability. The Commission shall meet at the call of the Chairperson, but not fewer than 12 times before submitting the final report described in subsection (e)(2). Not later than 60 days after the date on which all members of the Commission described in subparagraphs
(A)and
(B)of subsection (b)(3) have been appointed, the Commission shall hold the Commission’s first meeting. The Commission shall— study— by conducting a review of, funding used by Federal agencies for inclusion of covered individuals in preparation for, response to, recovery from, and mitigation of, disasters; by conducting a review of, performance of VOADs and other nongovernmental organizations funded to lead preparedness for, response to, recovery from, and mitigation of, disasters; by conducting an analysis of, the displacement, injuries, and deaths of individuals with chronic health conditions and covered individuals throughout the period of disaster response and recovery for disasters— for which 1 or more Federal agencies used or made available Federal funds to assist in preparing for, responding to, recovering from, or mitigating a disaster; and that occurred not earlier than January 2012 and not later than the date of enactment of this Act; by conducting an analysis of, protections and violations of civil rights of covered individuals in national, State, tribal, territorial, and local disaster preparation, response, recovery, and mitigation for the disasters described in clause (iii); the supports and resources available to localities from Federal, State, tribal and territorial disaster response agencies to ensure inclusion of covered individuals throughout disaster preparation, response, recovery, and mitigation; the supports and resources available to localities from Federal and State disaster response agencies to ensure that the civil rights of covered individuals are protected throughout disaster preparation, response, recovery, and mitigation; and the effectiveness of coordination among Federal, State, tribal, territorial, local, and nongovernmental organizations regarding disaster preparation, response, recovery, and mitigation for covered individuals, utilizing an all-hazards approach; and study— the protection of the civil rights of covered individuals during the preparation for, recovery from, response to, and mitigation of disasters; the inclusion of covered individuals during Federal, State, tribal, territorial, and local disaster preparedness, response, recovery, and mitigation, using an all-hazards approach; whether disaster preparedness, response, recovery, and mitigation initiatives and investments are carried out and made in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.); all community resilience and other initiatives for which Federal funds were used or made available by 1 or more Federal agencies to assist in preparing for, responding to, recovering from, or mitigating a disaster, and investments in such initiatives, are carried out and made in compliance with the the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973; development of standards for rebuilding disaster-damaged housing, and new housing, that is accessible, affordable, and disaster-resilient; development of standards for homeowners and flood insurance coverage for rebuilding disaster-damaged housing, and new housing, that is accessible, affordable, and disaster resilient; development of standards for universal design and accessibility standards for achieving and maintaining equal access throughout all disaster mitigation and disaster resilience initiatives; and development of initiatives to increase new and transferred technology and innovations to overcome notification, evacuation, health maintenance, and other barriers to health, safety, and independence for covered individuals before, during, and after disasters. The Commission shall prepare and submit to the Secretary and the committees referred to in subparagraph (C)— 2 interim reports that summarize the progress of the Commission, along with any interim findings, conclusions, and recommendations for the Secretary resulting from the studies described in paragraph (1); and a final report that states final findings, conclusions, and recommendations for the Secretary resulting from the studies described in paragraph (1). The reports shall be prepared and submitted— in the case of the interim reports, not later than 1 and 2 years after the date on which the Secretary makes the appointments required in subsection (b)(4); and in the case of the final report, not later than 3 years after the date on which the Secretary makes the appointments required in subsection (b)(4). The committees referred to in this subparagraph are the Committees on Homeland Security and Governmental Affairs and on Health, Education, Labor, and Pensions of the Senate and the Committees on Energy and Commerce, on Transportation and Infrastructure, and on Education and Labor of the House of Representatives, and any other relevant committees of the House of Representatives and Senate with jurisdiction over matters affecting disaster-affected covered individuals. Using the findings, conclusions, and recommendations contained in the Commission reports described in paragraph (2), the Commission shall create a plan, with recommended goals, objectives, timelines, and criteria for each of the Federal agencies represented by representatives specified in subsection (b)(3)(C) to ensure individuals with disabilities, older adults, and individuals with access and functional needs are included in preparation, response, recovery, and mitigation efforts by the agencies. Using the information, findings, and conclusions contained in the Commission reports, the Commission will create a plan with recommendations to either continue the Commission or to create an ongoing new entity— to advise the Federal agencies represented by representatives specified in subsection (b)(3)(C) regarding regulations and activities to ensure the inclusion of individuals with disabilities, older adults, and individuals with access and functional needs in disaster preparedness, response, recovery, and mitigation; and to recommend to Congress legislation to address the needs of individuals with disabilities, older adults, and individuals with access and functional needs during disaster preparedness, response, recovery, and mitigation. The Commission shall submit the plans created under subparagraphs
(A)and
(B)to the Secretary not later than 3 years after the date on which the Secretary makes the appointments referred to in subsection (b)(4). The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. On request of the Chairperson of the Commission, the head of the department or agency shall furnish the information to the Commission. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. Each member of the Commission who is not described in subparagraph
(B)shall receive a stipend of $10,000 for the duration of the period in which the member is engaged in the performance of the duties of the Commission. A member of the Commission who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Commission. The Secretary shall designate such personnel as may be necessary to enable the Commission to perform and conclude its duties as described in subsection (e), including the preparation and submission of reports as described in subsection (e)(2). Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption of loss of civil service status or privilege. The Secretary shall make available to the Commission, under such arrangements as may be appropriate, necessary facilities, equipment, supplies, and services. The Commission shall terminate on the day after the date on which the Commission submits the final report. Not later than 120 days prior to the expected termination of the Commission under paragraph (1), the Secretary shall submit to Congress a recommendation, using the information in the report created by the Commission under subsection (e)(3)(B), on whether the period in which Commission exists and carries out its duties should be extended. There is authorized to be appropriated to carry out this section $100,000 for fiscal year 2021, and $100,000 for each of fiscal years 2022 through 2025.
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