Sec. 10. Review of settlement agreements related to disasters and individuals with disabilities and older adults
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In this 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. The term Committee means the Disability and Disaster Preparedness Advisory Committee established under subsection (b). The term covered committee of Congress means— the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate; and 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.
The term covered settlement agreement means a 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 ( 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.
There is established an advisory committee, to be known as the Disability and Disaster Preparedness Advisory Committee to review covered settlement agreements. 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— employees of the Department of Justice; and not less than 3 disability rights advocates who— are not employees of the Federal Government; are individuals with disabilities; and have disability inclusive emergency management experience.
A member of the Committee shall be appointed for the life of the Committee. Any vacancy in the Committee— shall not affect the powers of the Committee; and shall be filled in the same manner as the original appointment. 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). The Committee shall meet at the call of the Chairperson. A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings.
The Committee shall— conduct a review of each covered settlement agreement; 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; 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— each covered committee of Congress; 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; the Attorney General; the Secretary of Education; the Secretary of Homeland Security; the Secretary of Health and Human Services; the Secretary of Transportation; and the President, through the Director of Disability Policy for the Domestic Policy Council; and provide the comments and recommendations described in section 10(b)(2).
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. The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this section. On request of the Chairperson of the Committee, the head of the department or agency shall furnish the information to the Committee. 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).
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. 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.
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. 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.
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. 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.
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. 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.
The Committee shall terminate 90 days after the date on which the Committee submits the report required under subsection (d)(3). 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.
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Sec. 10
Review of settlement agreements related to disasters and individuals with disabilities and older adults
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