Sec. 4. Definitions
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In this Act: The term access and functional needs , used with respect to an individual, means an individual with needs such as— an individual with a disability; an older adult; an individual with limited English proficiency; an individual with limited access to transportation that would enable the individual to prepare for, respond to, recover from, and mitigate a disaster; or 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.
The term at-risk individuals — has the meaning given the term in section 2802(b)(4)(B) of the Public Health Service Act ( 42 U.S.C. 300hh–1(b)(4)(B) ); and includes— older individuals, individuals with disabilities, and children; and members of families that include individuals described in clause
(i)or subparagraph (A). 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. The term covered individual means an individual with a disability, an older adult, and an individual with access and functional needs. The term Department means the Department of Health and Human Services. The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term disability inclusive emergency management experience , used with respect to an individual or entity— means an individual or entity that has— demonstrated disability leadership experience, including working with nongovernmental entities; and 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 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. 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. 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. 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. The term Fund means the Disaster Human Services Emergency Fund established under section 7. The term human services — means programs and activities designed to aid individuals, families, and communities to prevent or remediate problems or events that destabilize lives and undermine the ability to meet basic needs in the immediate aftermath of a disaster and medium- and long-term needs after a disaster; and includes— preparedness training and capacity-building; peer support; child care; nutritional services; home and community-based supports and services; personal care; case management; behavioral health and psychosocial support; assistance with accessing home repair and modifications; accessible housing; food, home, transportation, communication, and language access; helping prevent institutionalization or helping transition individuals to community living; helping with evacuation; and supporting at-risk individuals in accessing durable medical equipment or other equipment. 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 ). The term individuals with disabilities means more than one individual with a disability. The term older adult has the meaning given the term ‘older individual’ in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). 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 ). The term resident means— 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 in the case of an individual not described in subparagraph (A), a resident of a State that is not an Indian Tribal government. The term Secretary means the Secretary of Health and Human Services. 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. 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. The term VOAD means a nongovernmental organization assisting in disaster preparation, recovery, response, or mitigation.
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- 42 USC 300hh–1(b)(4)(B)
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