Disaster Preparedness and Response for Persons with Disabilities: Are We Ready?

January 13, 2007


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A Federal Perspective on the Legislative Advances of 2006 & Policy Strategies for the Future

by Daniel S. Davis
National Council on Independent Living


Background

Executive Order 13347 on Individuals with Disabilities and Emergency Preparedness

•Signed by President George W. Bush on July 22, 2004

•Creates Interagency Coordinating Council (ICC) to facilitate coordination and collaboration among Federal Executive Branch agencies on emergency preparedness plans as they impact the issues unique to individuals with disabilities.

 

Hurricane Katrina

Landfall Near New Orleans, LA

August 29, 2005

Demonstrates Inadequacy of Federal Policy to the Needs of Persons with Disabilities

Findings of Survey of Hurricane Katrina Evacuees, September 2005
conducted by the Washington Post, KaiserFamily Foundation Foundation and Harvard University

•Of the 61% of respondents who didn’t evacuate before the storm, 38% said they were either physically unable to leave or had to care for someone who was physically unable to leave.

 

Post-Katrina Timeline #1

•9/7/2005 National Council on Disability (NCD) issues initial recommendations on Katrina Affected Areas

•11/10/2005 Congressional Briefing on Emergency Management and People with Disabilities hosted by Bipartisan Disability Caucus

•12/13/2005 Marcie Roth and Yavonka Archaga testify before House Ways and Means Committee, Subcommittee on Oversight to call attention to failures of Red Cross & other nonprofit organizations

•12/16/2005 Senator Tom Harkin introduces S 2124 Emergency Preparedness and Response for Individuals with Disabilities Act of 2005

 

Post Katrina Timeline #2

•1/7/2006 NCD Chair Lex Frieden in Jackson Clarion-Ledger Op-Ed: “evacuees with disabilities remain in crisis.”

•2/7/2006 Jim Langevin (D-RI), Curt Weldon (R-PA) & Jim Ramstad (R-MN) introduce HR 4704, companion to S 2124

•2/17/2006 Brou v. FEMA filed by Advocacy Center of Louisiana (P&A) to obtain redress for FEMA’s continued failure to provide accessible temporary housing to persons with disabilities. Settlement on 9/26/06 requires that common areas and 5% of trailers be UFAS-compliant.

•5/25/2006 & 6/20/2006 After NCIL Conference, Senators Trent Lott (R-MS) & Norm Coleman (R-MN) co-sponsor S 2124 offering crucial bipartisan support.

 

Emergency Supplemental Appropriations Bill, [HR 4939] Conference Report Language
June 2006

•Conference report provides $5.2 billion in Community Development Block Grant (CDBG) funds with at least $1 billion for repair, rehab & reconstruction of affordable rental housing.

•NCIL succeeds in getting report language included recognizing "that individuals with disabilities face unique challenges in finding accessible and affordable housing. As such, the conferees urge the states to work with HUD and the disabled community to ensure that these challenges are considered when states are developing and implementing Disaster Action plans. The conferees also urge HUD to take the necessary steps to inform the disabled community about the eligible uses of CDBG funding in addressing their needs.“

•On August 2nd: Assistant Secretary for Fair Housing and Equal Opportunity, Kim Kendrick sent letter to disability groups implementing CDBG report language.

 

Legislative Breakthrough: HR 5441
Department of Homeland Security Appropriations Act, 2007
Public Law No: 109-295
Approved by Congress, 9/29/06, Signed by President 10/4/06

•Authorizing language revising Stafford Act passed in Appropriations Bill based on agreement between authorizers and appropriators.

•Senate Homeland Security and Government Affairs Committee supported stronger disability language. House Transportation and Infrastructure tried to weaken language

•Places more confidence in FEMA than NCIL believes is warranted, shifting Preparedness Directorate from Dept of Homeland Security into FEMA.

 

Disability Provisions of HR 5441

•Disability Coordinator in office of FEMA Director

•Non-discrimination in services on the basis of disability

•Classification of durable medical equipment as “essential assistance.”

•Requirements that a disaster housing strategy ensure an “adequate” supply of accessible housing to meet the needs of persons with disabilities

•A trigger for obtaining FEMA assistance if homes are rendered “inaccessible” by a disaster or the aftermath.

•Inclusion of people with disabilities in every phase of emergency management activities at all levels of government

•Post-disaster case management services

 

Disability Coordinator (Sec 513)

•Requirement for consultation with “ organizations representing individuals with disabilities,” NCD and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive Order No. 13347 (6 U.S.C. 312 note), in appointment of Disability Coordinator.

•The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief.

Responsibilities

•(1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;

•(2) interacting with the staff of the Agency, the National Council on Disabilities, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note), other agencies of the Federal Government, and State, local, and tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;

•(3) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster;

•(4) ensuring the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities;

•(5) ensuring the development of training materials and a curriculum for training of emergency response providers, State, local, and
tribal government officials, and others on the needs of individuals with disabilities;

•(6) promoting the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief;

•(7) working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities;

•(8) ensuring the availability of accessible transportation options for individuals with disabilities in the event of an evacuation;

•(9) providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected;

•(10) ensuring that meeting the needs of individuals with disabilities are included in the components of the national preparedness system established under section 644 of the Post-Katrina Emergency Management Reform Act of 2006; and

•(11) any other duties as assigned by the Administrator.

 

Sec 689 Individuals with Disabilities
Guidelines:

•Within 90 days after enactment… and in coordination with the National Advisory Council, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals With Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note), and the Disability Coordinator (established under section 513 of the Homeland Security Act of 2002, as added by this Act), the Administrator shall develop guidelines to accommodate individuals with disabilities, which shall include guidelines for--

(1) the accessibility of, and communications and programs in, shelters, recovery centers, and other facilities; and

(2) devices used in connection with disaster operations, including first aid stations, mass feeding areas, portable payphone stations, portable toilets, and temporary housing.

 

Sec 689(a) Nondiscrimination in Disaster Assistance

Section 308(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by inserting `disability, English proficiency,' after `age,'.

HR 5441: Implementation Issues
for Oversight and Advocacy

•1) Disability Coordinator: Press FEMA to specify and honor an expeditious timetable and responsive process for implementing and providing sufficient resources for the Disability Coordinator position created by Sec 513 of HR 5441 .

•2) Accessibility Guidelines: Hold FEMA accountable for the development of the required Accessibility Guidelines in a manner consistent with the law, namely, issuance within 90 days after enactment in coordination with required entities, including the Disability Coordinator

•3) Grant Programs: Urge FEMA to prioritize in its grant programs the implementation of accessibility standards and full inclusion of persons with disabilities in emergency preparedness and response, before, during and after disasters.

 

Other Issues: Shelter Accessibility

•Shelter Accessibility Study by Government Accountability Office (GAO) has been requested by outgoing Homeland Security/ Government Affairs Chair Susan Collins (R-ME) and Incoming Chair Joe Lieberman (D-CT).

•GAO will report back within one year, on “whether, and, if so, to what extent, emergency shelters for use in response to a major disaster are accessible to, and usable by, individuals with disabilities.”

•Findings of this report will provide advocates with considerable leverage in pursuing future legislation to ensure that our emergency shelter system actually meets the needs of persons with disabilities.

 

Other Issues: American Red Cross

•National disability organizations (NCIL and CCD’s Emergency Preparedness Task Force) held two meetings with American Red Cross (ARC) in May & November of 2006 to press for overhaul in agency’s response to needs of persons with disabilities.

•Areas of Progress:

–Red Cross recognizes that it is covered by Title III of the ADA and (when in receipt of federal funds) by Section 504 of the Rehab Act

–Red Cross has agreed to put medical and mental health personnel in shelters early in response phase and is working with HHS and disability advocates to revise intake and referral procedures to avoid improper institutionalization of persons with disabilities.

•Remaining Problem Areas:

–Need full-time, expert disability specialist on national ARC Staff

–Section 508 Compliance is still lacking

–Message of Inclusion of PWDs still NOT Reaching Most Local Chapters

 

Unresolved Issues (for now)

•Getting FEMA and state & local Emergency Managers to follow the law

•Post-Disaster Temporary & Permanent Housing

•Shelter Accessibility

•Emergency Registries & Privacy

•What happens in case of a Pandemic?