Legal Issues and Emerging Technologies (2022)

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54 TCRP LRD 59 gies.478 In the course of planning and implementing emergency preparedness activities, transit agencies must account for trans- portation equity in emergencies, such as considering accessibil- ity for compliance with the ADA, as well as the unique needs of minority, low-income, and LEP persons and households with- out vehicles. This section concludes with a brief discussion of the use of new and emergency technologies in emergency and disaster planning and recovery. A. Legal Framework of the Disaster Response and Recovery Processes Transit is a complex regulatory framework that involves federal, state, and local agencies. Likewise, emergency powers arise at the federal, state, and local level. The Tenth Amendment reserves police powers for states and gives each state broad pow- ers to protect the health, welfare, and safety of its citizens.479 In addition, all states grant their governors the power to declare a state of emergency for either planned480 or natural disasters and PHEs.481 Such emergency response powers are either through state constitutional or statutory provisions. For example, Or- egon’s constitution allows the governor to invoke emergency powers in response to a “catastrophic disaster,” which includes, 478 Legal issues surrounding disasters and evacuations is the topic of an entire active TCRP Legal Research Digest (Legal Issues Surrounding Disasters and Evacuations, J-05/Topic 19-05, https://apps.trb.org/ cmsfeed/TRBNetProjectDisplay.asp?ProjectID=4822). More thorough analysis of public transit agencies’ legal issues related to emergency pre- paredness than is appropriate in this report was addressed in TCRP Legal Research Digests issued in 2013 and 2017. Trudy C. Henson, Megan Timmons, and James McDaniel, TCRP LRD 50: Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues, Transportation Research Board of the National Academies of Sciences, Engineering and Medicine, Washington, D.C., Jun. 2017, available at https://doi. org/10.17226/24795; Nicholas Tomizawa, TCRP LRD 44: Legal Issues in Public Transit Emergency Planning and Operation, Transportation Research Board of the National Academies of Sciences, Engineering and Medicine, Washington, D.C., Dec. 2013), available at https://doi.org/10.17226/22447. 479 U.S. Const. Amend. X (“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”). 480 The U.S. DOT identified four categories of planned disasters: (1) biological (a biological attack occurs when a virus or germ is being released, causing widespread illness); (2) chemical (a chemical attack occurs when a gas or man-made chemicals is released, causing wide- spread illness); (3) nuclear (a nuclear attack consists of an explosion of intense heat and light, emitting dangerous radiation); and (4) terrorist attack (a terrorist attack occurs when terrorists attacks a structure or people, risking the safety of a nation or society (e.g., suicide bombings)). See U.S. Dep’t of Transp., Emergency Categories (Oct. 17, 2016), https://www.transportation.gov/civil-rights/emergency-preparedness/ emergency-categories. 481 See, e.g., N.Y. Const. art. XVII § 3 (the “protection and promo- tion of the health of the inhabitants of the state are matters of public concern and provision therefor shall be made by the state and by such of its subdivisions and in such manner, and by such means as the legis- lature shall from time to time determine.”); N.J. Rev. Stat. § 26:13-3 (allowing the governor to declare a PHE); N.M. Stat. § 12-10A-5 (allowing the governor to declare a PHE). (DNCs), these are businesses that maintain an online-enabled app or platform to facilitate on-demand delivery services.474 Under Proposition 22, app-based drivers will be considered independent contractors if the following conditions are met: (a) The network company does not unilaterally prescribe specific dates, times of day, or a minimum number of hours during which the app-based driver must be logged into the network company’s online- enabled application or platform. (b) The network company does not require the app-based driver to accept any specific rideshare service or delivery service request as a condition of maintaining access to the network company’s online- enabled application or platform. (c) The network company does not restrict the app-based driver from performing rideshare services or delivery services through other net- work companies except during engaged time. (d) The network company does not restrict the app-based driver from working in any other lawful occupation or business. Under Proposition 22, network companies will be required to provide eligible app-based drivers with certain benefits, in- cluding minimum compensation and healthcare subsidies based on engaged driving time, healthcare subsidies, insurance to cover on-the-job injuries, vehicle insurance, safety training, and sexual harassment policies. Companies will be required to pay drivers at least 20% more than the minimum wage, plus 30 cents per mile to cover expenses, with the potential to earn more and no limits on how much drivers can make.475 The com- panies will be required to pay drivers a healthcare stipend that is consistent with employer contributions under the Affordable Care Act—and eligible drivers could receive the health care sti- pend from more than one company.476 Drivers would also get accident insurance to cover on-the-job injuries and automobile accident and liability insurance. IX. EMERGENCY PREPAREDNESS Emergencies may take several forms, including IDOs or PHEs, natural disasters (e.g., hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, vol- canic eruption, landslide, mudslide, snowstorm, or drought), fires, floods, and explosions, regardless of cause, including terrorism. Preparing for, responding to, and recovering from emergencies impacts nearly every aspect of a transportation agency’s operations. Emergency preparedness relates to the ac- tivities, programs, and systems developed prior to an incident, disaster, or emergency, which are used to support and enhance prevention, response, and recovery.477 This section of the digest provides an overview of the legal framework of the response and recovery process at the federal, state, and local levels and discusses how emergency preparedness may factor into public transit agencies’ consideration of new and emerging technolo- 474 Proposition 22, art. 1. 475 Proposition 22, § 7453. 476 Id. at § 7454. 477 U.S. Dep’t of Transp., DOT Emergency Preparedness, Response, and Recovery Information (updated Sept. 5, 2019), https://www. transportation.gov/emergency.

TCRP LRD 59 55 The Stafford Act defines a federally declared “major disaster” as: [A]ny natural catastrophe…, or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determina- tion of the President causes damage of sufficient severity and magni- tude to warrant major disaster assistance under this Act to supple- ment the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hard- ship, or suffering caused thereby. Under the Stafford Act, the federal government is autho- rized to support national preparedness for disasters, coordi- nate disaster management and response activities, and assist in recovery efforts in the aftermath of a disaster. The Stafford Act provides four triggers for federal disaster relief; the two most widely used are presidential declarations of a major disaster489 or an emergency.490 The governor of the affected state or terri- tory generally must make a request for such a declaration. In so doing, the governor is saying that the situation exceeds the State’s ability to respond to the situation without Federal assistance. The FTA Emergency Relief Manual explains that, during a federally declared emergency, state governments, as primary recipients of FEMA funds under Stafford Act programs, are re- sponsible for:491 [E]nsuring that potential applicants are aware of the assistance pro- grams; assessing applicants’ eligibility for FEMA funds; providing technical advice to eligible applicants; submitting necessary paper- work for grant awards; and notifying applicants that funds are available. States may request additional assistance from other states through interstate mutual aid and assistance agreements such as the Emergency Management Assistance Compact or, if an emergency is beyond state and local capabilities, then the gover- nor may ask for help from the federal government.492 The state will collaborate with the impacted communities and the federal government to provide the help needed. According to the FTA, the role of Metropolitan Planning Organizations (MPOs) during a federally declared emergency is as follows:493 The role of MPOs in regional emergency response planning varies from region to region and may include conducting vulnerability anal- yses on regional transportation facilities, analyzing transportation networks for redundancies in moving large numbers of people, and analyzing transportation networks for emergency route planning, in- cluding strategic gaps in the network and services. In addition, MPOs are concerned with ensuring that emergency transportation services 489 42 U.S.C. § 5170a. 490 42 U.S.C. § 5192(a); 14 A.L.R. Fed. 2d 173 (“The Act provides for four triggers for federal disaster relief. The two most widely used are presidential declarations of a major disaster or an emergency situa- tion.”). The other two triggers are: permitting the President to use the Department of Defense (DOD) resources in the immediate aftermath of an incident to preserve life and property [42 U.S.C. § 5170b(c)]; and allowing the President to declare an emergency when the affected area is one in which the U.S. exercises exclusive or preeminent responsibility [42 U.S.C. § 5191(b)]. 491 FTA Emergency Relief Manual at 8. 492 Id. 493 FTA Emergency Relief Manual at 9. but is not limited to act of terrorism, earthquake, flood, public health emergency, tsunami, volcanic eruption, and war.482 Federal powers and laws may affect state and local responses during a disaster or emergency situation. The U.S. DOT, DHS, and Department of Health and Human Services (HHS) may have responsibilities and powers depending on the nature of the situation. Some of the various power and authorities that apply to transportation during a national emergency are described below.483 1.  Federal Disaster Declarations and the Stafford Act The U.S. federal government does not automatically pro- vide assistance when an emergency situation arises or a disaster occurs.484 The federal government “provides coordinated, supplemental resources and assistance only if requested and approved.”485 The U.S. Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C.A. §§ 5121 et seq., also known as the Disaster Relief Act of 1974, estab- lishes the programs and processes for the federal government to provide disaster and emergency assistance to states, local governments, tribal nations, individuals, and qualified private nonprofit organizations. According to the FTA, the term “disaster” traditionally describes “a large-scale adverse event that overwhelms the re- sources of an affected community,” while the term “emergency” may refer to various events, including “an adverse event of a less extensive scope, duration, or impact than a disaster.”486 The FTA statutory definition of “emergency” is: [A] natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, as a result of which— (A) the Governor of a State has declared an emergency and the Sec- retary has concurred; or (B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). 487 The Stafford Act defines a federally declared “emergency” as: [A]ny occasion or instance for which, in the determination of the President of the United States…, federal assistance is needed to sup- plement state, tribal, and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.488 482 Or. Const. Art. X-A, § 1. 483 For a more thorough overview of the Federal Powers during a national public health emergency, TCRP LRD 44: Legal Issues in Public Transit Emergency Planning and Operation, and TCRP LRD 50: Public Transit Emergency Preparedness Against Ebola and Other Infectious Dis- eases: Legal Issues, supra note 483. 484 For an explanation of the Stafford Act declaration process, see Congressional Primer on Responding to and Recovering from Major Disasters and Emergencies, Cong. Research Serv., R41981 (Jun. 3, 2020), https://crsreports.congress.gov/product/pdf/R/R41981. 485 Id. 486 FTA Emergency Relief Manual at 6–7. 487 49 U.S.C. § 5324. 488 42 U.S.C. § 5122.

56 TCRP LRD 59 the broad authority to develop and enforce the regulations nec- essary to prevent the introduction or spread of communicable disease from foreign countries into the United States or between states.497 The secretary of HHS has the designated powers and authorities during a declared emergency and the general power to take “such action as may be appropriate to respond to the PHE, including making grants, providing awards for expenses, entering into contracts, and conducting and supporting inves- tigations into the cause, treatment, or prevention of a disease or disorder.”498 5.  FTA Administrator The U.S. DOT FTA Administrator may, “[i]n the case of a national or regional emergency or disaster, or in anticipation of such a disaster,” approve petitions from “any FTA grantee or subgrantee [. . .] for temporary relief from the provisions of any policy statement, circular, guidance document or rule.”499 When such an event occurs, there is a procedure for requesting such relief. Within two business days of a qualifying emergency or disaster declaration, the FTA will open an Emergency Relief Docket (ERD) for grantees and subgrantees to request relief, as needed.500 If a grantee or subgrantee needs to request immediate relief and does not have access to electronic means to request that relief, the grantee or subgrantee may contact any FTA re- gional office or FTA headquarters and request that FTA staff submit the petition on their behalf.501 A petition for relief must include the following information: • The petitioner’s identity and geographic location; • An explanation of how an FTA requirement in a policy statement, circular, or agency guidance will limit the petitioner’s ability to respond to an emergency or disaster; • The policy statement, circular, guidance document, and/or rule from which the petitioner seeks relief; and • Specification of whether the petition for relief is one-time or ongoing, and if ongoing identify the time period for which the relief is requested. The time period may not exceed three months; however, additional time may be requested through a second petition for relief. 502 A petition for relief will be conditionally granted for three business days from the date it is submitted to the ERD while the ETA makes its determination.503 6.  Administrator of the TSA  During a national emergency, the Administrator of the TSA is responsible for coordinating domestic transportation, including aviation, rail, and other surface transportation, and 497 Public Health Service Act (PHSA), as amended, Pub. L. No. 104- 321, 110 Stat. 3877 (1996) (codified as amended at 42 U.S.C. § 247(d)). 498 42 U.S.C. § 247(d). 499 49 C.F.R. § 601.41. 500 49 C.F.R. § 601.42. 501 49 C.F.R. § 601.44(c). 502 49 C.F.R. § 601.45. 503 49 C.F.R. § 601.46. are available to populations with special needs, such as the elderly, or those with disabilities; residents of institutionalized settings; children; those from diverse cultures, including individuals who have limited English proficiency or are non-English-speaking; or those who are transportation disadvantaged. The FTA describes the role of local governments as follows: Local governments (e.g., counties, cities, towns) plan for and re- spond to emergencies every day using their own resources. They also develop and rely on mutual aid and assistance agreements with neighboring jurisdictions when they need additional resources. When local jurisdictions cannot meet response needs with their own resources or with help from other local jurisdictions, they may ask the State for assistance. There is potential overlap of federal, state, and local authori- ties in an emergency or disaster. It is critical that state and local transit agencies understand the roles and responsibilities for emergency planning and response purposes. Whether state or federal law applies will depend on the particular circumstances of a situation. 2.  FTA Emergency Relief Program Both FEMA and the FTA are authorized to award disaster relief assistance to public transit agencies that have incurred emergency expenses as a result of a disaster. Under the FTA’s Emergency Relief Program, a federal or state declaration of an emergency or major disaster allows a transit agency to obtain additional resources and reimbursement for their participation in response and recovery. Section 5324 of Title 49, Chapter 53 (FTA’s Emergency Relief Program), defines “emergency” as:494 [A] natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm or landslide) or a catastrophic failure from any external cause, as a result of which the governor of a state has declared an emergency and the Secretary of Transportation has concurred; or the president has declared a major disaster under the Stafford Act. Not all emergencies and disasters must be federally declared for transit agencies to obtain regulatory relief, resources, or re- imbursements for their participation in response and recovery. However, for a state declared emergency, the FTA must concur with the state emergency declaration.495 3.  Presidential Power under the National Emergencies  Act The president has the ability to declare a national emergency under the National Emergencies Act (NEA), which allows the president to exercise any special or extraordinary powers that are statutorily authorized to respond to the emergency.496 4.  Public Health Services Act and the Secretary of the  Department of HHS The Public Health Service Act (PHSA) authorizes the sec- retary of HHS to declare a PHE in certain circumstances and 494 42 U.S.C.A. § 5324(a)(2). 495 Id. 496 National Emergencies Act (NEA) Pub. L. No. 94-412, 90 Stat. 1255 (1976), (codified at 50 U.S.C. §§ 1601–1651).

TCRP LRD 59 57 Emergency management addresses all activities the transit system takes to prepare a plan to reduce the impact of vari- ous emergencies that may arise. Transit agencies must develop, update, and implement a plan of action in the event of various emergency and disaster situations. Preparedness efforts depend upon the resources and risks of a particular jurisdiction or re- gion, and the particular preparation measures will depend on the type of emergency or disaster. In setting up an emergency preparedness and response program, the objective is to make the process of planning, assessment, and review of the emer- gency plan part of a regular routine. Emergency preparedness systems must be updated to reflect advancements in technology as well as include contingency plans for disasters. When transit agencies are deciding whether to implement technology systems, they must analyze the unique procedures that should be implemented in the event of a disaster. Plans should include a contingency for failed or compromised tech- nology resulting from the disaster. Plans should be both pre- ventative and reactive and contemplate the relocation of the affected technology. For example, natural disasters can disrupt or overload local infrastructure and affect the electric power supply, making access to technology systems nearly impossible. Disasters can present broader data-related issues of availability, accessibility, consistency, integrity and efficient data and risk management. Electronic fare payment (EFP), also known as automatic fare collection (AFC), provides an automated means of collect- ing and processing fares for public transportation services such as bus, rail, ferry and other modes. A fare system includes the functions and equipment used by a transit agency to implement a fare collection system, which can be an open system (accepts numerous payment types from multiple issuers such as credit cards) or a closed system (which accept a transit-agency fare media only).510 When transit agencies decide whether to imple- ment EFP systems, they must analyze the unique procedures that should be implemented in the event of a disaster, such as timely removal of all internal components in the machine that may be damaged as well as cash or tickets and then proper care for the machine itself, such as closing it down and wrapping it to prevent damage from water or debris. gov/sites/fta.dot.gov/files/docs/Response_and_Recovery_for_ Declared_Emergencies_and_Disasters_062813.pdf (Prepared by the FTA’s Office of Safety and Security as part of FTA’s technical assistance to transit agencies. It is written specifically for transit agencies that are either affected by a declared emergency or disaster or that offer services to an affected community or region. It contains information about resources available under the Federal Emergency Management Agency (FEMA) and FTA in the event of a declared emergency prompted by a major accident, terrorist actions, or a natural disaster. It also includes information about eligible reimbursements under the Stafford Act.). 510 See U.S. Dep’t of Transp., Intelligent Transportation Systems, Joint Program Office, ITS Transit Fact Sheets, www.pcb.its.dot.gov/ factsheets/efp/efp_overview.aspx#page=tech. maritime transportation, and to coordinate and oversee the transportation-related responsibilities of other Federal agen- cies except for the Department of Defense and the military.504 The Administrator also has the power to “carry out such other duties, and exercise other such powers” as necessary, in coordi- nation with the U.S. DOT or DHS.505 7.  Mutual Aid Agreements The Emergency Management Assistance Compact (EMAC) is an interstate compact that provides a legal structure through which states may request emergency assistance and aid from other states. EMAC has been ratified by U.S. Congress (P.L. 104- 321) and is law in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands.506 Through EMAC states can share resources, protect personnel, and be reimbursed for mission related costs. B. Planning and Preparedness Federal powers and laws may affect state and local responses during a disaster or emergency situation. However, transit agen- cies are responsible for ensuring their preparedness in advance of a disaster.507 There are numerous guides to address transit agency emergency planning and preparedness, including the FTA Emergency Relief Manual.508 In addition, the FTA’s “Re- sponse and Recovery for Declared Emergencies and Disasters: A Resource Document for Transit Agencies,” addresses response and recovery actions that transit agencies can take and applies to all modes of transit and to all types of declared emergencies and disasters.509 504 49 U.S.C. 114(g)(1). 505 49 U.S.C. 114(g)(1)(D). 506 For more information about EMAC, including the text of the legislation, EMAC’s governance structure, and eligible expenses, see https://www.emacweb.org/. 507 FTA Emergency Relief Manual at 10. 508 Fed. Transit Admin., Emergency Relief Manual: A Refer- ence Manual for States & Transit Agencies on Response and Recovery from Declared Disasters and FTA’s Emergency Relief Program (49 U.S.C. 5324) (Sept. 30, 2015) (FTA Emergency Relief Manual) https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/ FTA_Emergency_Relief_Manual_and_Guide_-_Sept_2015.pdf. The FTA’s Emergency Relief Manual provides guidance to transit agencies that are planning for, responding to, or recovering from a federally declared emergency or disaster. The manual describes steps that transit agencies can take to be better prepared prior to an event as well as actions that can be taken post-event in order to receive FTA assistance. In addition, the FTA provides publications on emergency preparedness and emergency management for transit agencies on its website at https://www.transit.dot.gov/regulations-and-guidance/safety/ emergency-management. The FHWA also provides similar resources on its website at https://ops.fhwa.dot.gov/eto_tim_pse/preparedness/ eto/index.htm#plans. The American Public Transportation Association (APTA) provides recommended practices for security emergency management at https://www.apta.com/research-technical-resources/ standards/security/. 509 Fed. Transit Admin, Response and Recovery for Declared Emergencies and Disasters: A Resource Document for Transit Agencies (2013) (FTA Resource Document), https://www.transit.dot.

58 TCRP LRD 59 According to the U.S. DOT, “the critical needs of individuals with disabilities during an emergency include the evacuation of transit systems, getting to safe shelter in the event of a natural disaster, and full access to transportation systems when there is a need to evacuate a particular location.”518 During an emer- gency, persons with disabilities may require additional assis- tance with evacuation and using transportation to get to a safe place. If streets and sidewalks are blocked or if the transit system is not functioning at all, then, both public and private transpor- tation may be disrupted due to overcrowding. The movement of people during an evacuation is critical, but many people with disabilities cannot use traditional, inaccessible transportation. 2.  Executive Order 13347 On July 22, 2004, President George W. Bush issued Execu- tive Order 13347, “Individuals with Disabilities in Emergency Preparedness,” to “ensure that the Federal Government appro- priately supports safety and security for individuals with dis- abilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism[.]” This Executive Order requires Federal agencies to consider the needs of individuals with disabilities in their emergency plans and to work with state, local, and tribal governments and private organizations to address the needs of people with disabilities in emergency planning and response. D. Technology to Aid in Emergencies Transportation plays an important role in planning for multi-jurisdictional disasters, emergencies, and major events. These situations can present daunting challenges in maintain- ing mobility and access for residents, businesses, and visitors. Technological advancements in transit are crucial to help with evacuation of all or part of a population. According to a 2014 National Cooperative Highway Research Program report: Over the past 10 to 15 years, there have been numerous major evacu- ation events with several high-profile and highly publicized failings. Each of these has not only brought attention to the need to improve practices, but each events has also yielded critical knowledge and data about what to do, and how it might—and should—be better accomplished. Over this same time, significant advancements have occurred in knowledge and technological areas related to the abil- ity to observe, model, and analyze evacuation traffic processes dur- ing emergency conditions, then use this information to communicate guidance information to evacuees and strategic decision makers. 519 518 U.S. Dep’t of Transp., Emergency Preparedness, https:// www.transportation.gov/civil-rights/emergency-preparedness/ introduction. The U.S. Department of Transportation web page con- tains basic information on emergency preparedness, transportation accessibility, and evacuation methods for certain modes of transporta- tion, such as transit and rail systems. It includes useful information for transportation providers on addressing the unique needs of people with disabilities during an emergency. 519 Deborah Matherly, et al., NCHRP Report 777: A Guide to Regional Transportation Planning for Disasters, Emergencies, and Significant Events, Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine, Washington, D.C., 2014, https://doi.org/10.17226/22338. C. Transportation Equity in Emergencies A public agency must ensure that its transportation facilities are accessible to people with disabilities even in an emergency. This requirement can be found under the ADA,511 Title 29 and Section 794,512 Presidential Executive Order 13347.513 1.  The Americans with Disabilities Act The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommo- dations, commercial facilities, and the use of transportation and transportation facilities.514 Title II of the ADA applies to pub- lic transportation services and prohibits discrimination against individuals with disabilities by—and imposes affirmative re- sponsibilities on—such entities related to public programs and services they provide.515 Although the ADA does not address emergencies and disasters, Title II would also apply to state and local government emergency preparedness and response pro- grams.516 The Department of Justice issued an ADA guide for local governments, stating that: One of the most important roles of local government is to protect their citizenry from harm, including helping people prepare for and respond to emergencies. Making local government emergency preparedness and response programs accessible to people with dis- abilities is critical part of this responsibility. Making these programs accessible is also required by the ADA. 517 Depending on the nature of the emergency, individuals with disabilities will face a variety of challenges. With respect to new and emerging technologies, this could mean ensuring that a disaster or emergency will not impair the technology’s accessibility functions or features and having contingency plans in place if a technology is not functioning. For example, when the electric power supply is affected, it may be necessary to use several forms of communication or notification, such as use of telephone calls, auto-dialed TTY (teletypewriter) messages, text messaging, E-mails, and direct door-to-door contact. 511 Pub. L. No. 101-336, 104 Stat. 327. 512 Pub. L. No. 93-112, 87 Stat. 355 (1973) (codified at 29 U.S.C. § 701 et seq.). 513 Exec. Order No. 13347, 3 C.F.R. 44573 (2004), https://www. transportation.gov/civil-rights/civil-rights-library/executive- order-13347. 514 Pub. L. No. 101-336, 104 Stat. 327. 515 42 U.S.C. § 12132. 28 C.F.R. Parts 35 (public entities) and 36 (places of public accommodation) (2010); 29 C.F.R. Part 1630 (employ- ment) (2010). 516 Cynthia Brougher, The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues, 20 Cong. Research Serv., 7-98-921 (Mar. 22, 2012), https://www.everycrsreport.com/ files/20120322_98-921_daae637ea7e9416a2983f7142c97f75d1c33a28a. pdf; see also Nancy L. Jones, The Americans with Disabilities Act and Emergency Preparedness and Response, 2 Cong. Research Services, RS22254, (Dec. 29, 2010), https://fas.org/sgp/crs/homesec/RS22254.pdf. 517 Dep’t of Justice, An ADA Guide for Local Governments Making Community Emergency Preparedness and Response Programs Acces- sible to People with Disabilities, https://www.ada.gov/emergencyprep. htm.