S. 3628 — REAADI for Disasters Act

This section states congressional findings regarding the vulnerability of individuals with disabilities (more than 70 million adults) and older adults (more than 54 million adults age 65 or older) during disasters, including nearly 400 hurricane- and tropical cyclone-related emergencies declared from January 2000 through December 2024 that resulted in at least 1,442 U.S. deaths; $182.7 billion in 2022 weather- and climate-related disaster damages; 27 disasters in 2024 each costing over $1 billion; 108 major disaster and emergency declarations in 2024 resulting in more than 4 million assistance applications to the Federal Emergency Management Agency (FEMA); and 90 major disasters in 2022 affecting more than 54 million people, including more than 16 million adults with disabilities. It further finds that such individuals face higher death rates, evacuation challenges, shelter access barriers, and civil rights denials during disasters due to inaccessible communications, lack of training, and segregation. This section expresses the sense of Congress that individuals with disabilities and older adults should receive disaster support to maintain services, return to communities timely, access general population shelters, and receive information in accessible formats (e.g., American Sign Language, Braille, plain language, captioned videos); that recovery and mitigation incorporate universal design principles; and that such individuals be included as key stakeholders and decisionmakers in disaster preparation, response, recovery, and mitigation.

This section states the purposes of the Act, which are to (1) improve inclusion of individuals with disabilities and older adults in disaster preparation, response, recovery, and mitigation; (2) ensure such individuals are free from discrimination based on disability or age and are protected and included in all disaster phases; (3) ensure compliance with the Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, and other disability laws during disasters; (4) improve coordination among relevant communities (including multiply marginalized BIPOC and LGBTQ+ communities), government agencies, centers for independent living, VOADs, and other nongovernmental organizations; (5) improve outcomes for all disaster-affected individuals and increase community resilience; (6) establish dedicated federal funding for capacity-building and rapid response to support entities addressing needs of at-risk individuals before, during, and after disasters; and (7) enact federal standards of care and civil rights protections for older adults and people with disabilities applicable to disasters and public health emergencies.

This section establishes definitions for 21 terms used in the Act, including (1) "access and functional needs" (i.e., individuals with a disability, older adults, limited English proficiency, limited transportation access, or limited financial resources for disaster preparation, response, recovery, and mitigation); (2) "at-risk individuals" (as defined in the Public Health Service Act, including older individuals, individuals with disabilities, children, and families with such members); (3) "civil rights" (i.e., existing legal rights to be free from discrimination on the basis of disability or age in programs and activities); (4) "covered individual" (i.e., an individual with a disability, older adult, or access and functional needs); (5) "disability" (as defined in the Americans with Disabilities Act of 1990, 42 U.S.C. 12102, encompassing physical or mental impairments that substantially limit major life activities, records of such impairments, or being regarded as having such impairments); (6) "disability inclusive emergency management experience" (i.e., demonstrated leadership and expertise in disability-inclusive disaster initiatives ensuring civil rights); (7) "disaster" (i.e., an emergency or major disaster under the Stafford Act causing severe property damage, deaths, or multiple injuries); (8) "human services" (i.e., programs aiding disaster-affected individuals with needs such as preparedness training, child care, case management, behavioral health support, accessible housing, and evacuation assistance); and (9) others such as "older adult" (as defined in the Older Americans Act), "public health emergency," "State" (including Indian Tribal governments and territories), and "visitability standards."

This section amends Section 615 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196d) to define terms—including "access and functional needs" (covering individuals with disabilities, older adults defined as age 50 or older, limited English proficiency, limited transportation, or limited financial resources), "center for independent living" (as defined in 29 U.S.C. 796a), "covered recipient" (direct or indirect recipients of funds excluding individuals or households), "covered use of funds" (preparation for, response to, recovery from, or mitigation of hazards), "individual with a disability" (as defined in the Americans with Disabilities Act), and "visitability standards" (Type C units under ICC A117.1–2009 or successor standards)—and impose new requirements on covered recipients for disaster funds. It (1) requires advisory committees including individuals with disabilities, older adults, and others with access and functional needs to oversee fund use; (2) mandates compliance with the Rehabilitation Act and ADA in using funds; (3) authorizes contracts with centers for independent living to provide services such as hazard preparation, personal assistance, accessible shelters and media (including American Sign Language), and other needs; (4) requires nongovernmental contractors to comply with the Rehabilitation Act and ADA; (5) mandates communications in community languages including American Sign Language; (6) requires accessibility of facilities, services, notifications, and emergency shelters for individuals with disabilities, older adults, and others with access and functional needs; and (7) requires dwelling units constructed or prepared with funds to meet visitability standards.

This section authorizes the Secretary of Health and Human Services to award competitive grants to eligible entities—including institutions of higher education (as defined in 20 U.S.C. 1001(a)) or nongovernmental organizations focused on individuals with disabilities or older adults—to establish centers providing (1) training and technical assistance to disaster relief agencies on including covered individuals (i.e., individuals with disabilities and older adults) in disaster preparation, response, recovery, and mitigation; (2) assistance in coordinating services for such individuals; (3) research on their disaster experiences; and (4) dissemination of effective methods to protect their civil rights and reduce disaster impacts. Grants range from $2.5 million to $10 million for five-year periods, renewable via open competition, with at least two grants awarded in each of the 10 HHS regions (at least one per region exclusively for training and technical assistance). (Thus, the program ensures nationwide coverage prioritizing practical support over research in half the regional awards.) Eligible entities must demonstrate relevant experience, include covered individuals in leadership (with advisory councils at least 51% composed of such individuals), and submit applications detailing prior work with disabilities, older adults, and government agencies.

This section establishes the Disaster Human Services Emergency Fund in the Treasury, administered by the Secretary of Health and Human Services, to rapidly address immediate human services needs of at-risk individuals (i.e., those facing barriers to independent living) during declared major disasters or public health emergencies under the Stafford Act (42 U.S.C. 5170, 5191) or potential such events. Amounts in the Fund remain available until expended and may be used for (1) coordination among federal, state, tribal, local, and private entities; (2) grants, awards, contracts, or cooperative agreements with eligible entities (i.e., state/local governments, Indian Tribes/tribal organizations, nonprofits) to provide services such as person-centered case management, application assistance for disaster aid, and support to prevent institutionalization; (3) departmental activities including staff costs and IT; and (4) other related activities. The section authorizes $100 million for the Fund for each of FY2027 through FY2031 and requires the Secretary to prioritize and expedite funding for preparation, response, recovery, and restoration of human services.

This section authorizes the Secretary to award grants, contracts, or cooperative agreements to state and local government agencies, Indian Tribes and Tribal organizations, and nonprofit service providers for capacity-building activities to prepare for and respond to disasters and public health emergencies, with a focus on at-risk individuals. Eligible activities include fostering partnerships among human service, public health, and emergency management entities; improving mitigation and response capabilities to address accessible human service needs; and funding dedicated staff in expert organizations. Up to 3% of funds may be reserved annually for administration, with $300 million authorized for each of FY2027 through FY2031.

This section establishes a competitive grant, contract, and cooperative agreement program for projects of national significance to enhance disaster preparation for, response to, recovery from, and mitigation of disasters for individuals with disabilities and older adults. It defines eligible entities as institutions of higher education, nongovernmental organizations, or partnerships thereof that focus on serving individuals with disabilities or older adults; demonstrate relevant experience in training, technical assistance, and research; include covered individuals (i.e., individuals with disabilities and older adults) in leadership roles and on an advisory council comprising at least 51% covered individuals; and promote covered individuals' civil rights and inclusion in disaster activities. Awards must (1) create opportunities for covered individuals to contribute to disaster efforts, (2) support development of state, local, Tribal, and territorial inclusion policies, and (3) fund research on disaster effects, evidence-based practices, harm-reduction strategies, civil rights protections, inter-entity collaboration, and related efforts; each award is for $2.5 million to $10 million, with at least four awards for three to five years each.

This section requires states and local governmental entities to develop crisis standards of care (i.e., protocols for allocating scarce medical resources during disasters or public health emergencies) in compliance with nondiscrimination requirements under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794, prohibiting disability discrimination in federally funded programs) and Section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116, prohibiting discrimination on bases including disability in health programs). In doing so, they must follow HHS Office for Civil Rights guidance entitled "Bulletin: Civil Rights, HIPAA, and the Coronavirus Disease 2019 (COVID-19)" dated March 28, 2020, and related best practices, as well as requirements to (1) avoid discriminatory policies affecting covered individuals (i.e., those protected under such laws) or children; (2) maintain civil rights protections without suspension or waiver; (3) uphold patient dignity, equity, and equal treatment; (4) ensure clarity for practitioners, especially in withholding or withdrawing care; (5) engage stakeholders including those representing covered individuals and children; (6) plan equitably for resource allocation; (7) develop targeted response measures for covered individuals and children; and (8) eliminate use of class, race, ethnicity, neighborhood, disability, or age in care access decisions.

This section revises the National Advisory Committee on Individuals with Disabilities and Disasters, which advises the HHS Secretary on integrating individuals with disabilities and access/functional needs into federal public health and medical disaster preparedness and response, by (1) increasing committee membership to 45 (from 17), including adding 11 representatives from diverse disability communities and 1 representative each from 14 specified state, local, tribal, territorial, and nongovernmental entities with disability-inclusive emergency management experience, plus the Secretary of Transportation and the Director of Disability Policy for the Domestic Policy Council; (2) incorporating definitions for key terms (e.g., access and functional needs, covered individual) from the REAADI for Disasters Act; (3) authorizing $500,000 for each of FY2027 through FY2030; and (4) extending the committee's termination to four years after enactment of the REAADI for Disasters Act (from September 30, 2025) and a related deadline to two years after enactment (from October 1, 2022).

This section establishes the Disability and Disaster Preparedness Advisory Committee to review covered settlement agreements—entered into by the United States from January 1, 2005, through the first December 31 after enactment and related to potential violations of the Rehabilitation Act of 1973 or Americans with Disabilities Act of 1990 in connection with disaster preparation, response, recovery, or mitigation. The Attorney General must appoint committee members within 60 days, including Department of Justice employees and at least three non-federal disability rights advocates who are individuals with disabilities and have disability-inclusive emergency management experience; members serve for the committee's life, elect a chairperson and vice chairperson (at least one from the advocates), and meet at the chairperson's call. The committee must (1) review each covered settlement agreement and relevant annual reports to specified congressional committees; (2) submit a report with findings and recommendations within one year to those committees, the Attorney General, the Secretaries of Education, Homeland Security, Health and Human Services, and Transportation, and the President (through the Director of Disability Policy); and (3) provide comments under section 13(b)(2). The committee may hold hearings, obtain information from federal agencies (including a report from the Chief of the Disability Rights Section of the Department of Justice Civil Rights Division), and use postal services; non-federal members receive compensation at the daily equivalent of level IV of the Executive Schedule under 5 U.S.C. 5315, with travel expenses authorized.

This section directs the Comptroller General of the United States to investigate, beginning not later than 60 days after enactment, whether federal agencies complied with the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 in expending funds on or after January 1, 2005, to prepare for, respond to, recover from, or mitigate disasters, including whether such funds ensured accessibility to services and supports for individuals with disabilities and older adults. Not later than one year after enactment, the Comptroller General must issue a report on the investigation, including recommendations for remediating any misexpenditures identified, after obtaining comments and recommendations—including on additional interview sources—from the National Advisory Committee on Individuals with Disabilities and Disasters, the Disability and Disaster Preparedness Advisory Committee, and other agencies as determined appropriate by the Secretary of Health and Human Services.