[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4447 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4447
To require all newly constructed, federally assisted, single-family
houses and townhouses to meet minimum standards of visitability for
persons with disabilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2022
Ms. Duckworth (for herself and Mr. Casey) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require all newly constructed, federally assisted, single-family
houses and townhouses to meet minimum standards of visitability for
persons with disabilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eleanor Smith Inclusive Home Design
Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is--
(i) a detached single-family house;
(ii) a townhouse or multi-level dwelling
unit (whether detached or attached to other
units or structures); or
(iii) a ground-floor unit in a building of
not more than 3 dwelling units;
(B) is designed as, or intended for occupancy as, a
residence;
(C) was designed, constructed, or commissioned,
contracted, or otherwise arranged for construction, by
any person or entity that, at any time before the
design or construction, received or was guaranteed
Federal financial assistance for any program or
activity relating to the design, construction, or
commissioning, contracting, or other arrangement for
construction, of the dwelling unit; and
(D) is made available for first occupancy on or
after the date that is 1 year after the date of
enactment of this Act.
(2) Federal financial assistance.--The term ``Federal
financial assistance'' means--
(A) any assistance that is provided or otherwise
made available by the Secretary of Housing and Urban
Development or the Secretary of Veterans Affairs, or
under any program or activity of the Department of
Housing and Urban Development or the Department of
Veterans Affairs, through any grant, loan, contract, or
any other arrangement, on or after the date that is 1
year after the date of enactment of this Act,
including--
(i) a grant, a subsidy, or any other funds;
(ii) service provided by a Federal
employee;
(iii) real or personal property or any
interest in or use of such property,
including--
(I) a transfer or lease of the
property for less than the fair market
value or for reduced consideration; and
(II) proceeds from a subsequent
transfer or lease of the property if
the Federal share of the fair market
value is not returned to the Federal
Government;
(iv) any--
(I) tax credit; or
(II) mortgage or loan guarantee or
insurance; and
(v) community development funds in the form
of an obligation guaranteed under section 108
of the Housing and Community Development Act of
1974 (42 U.S.C. 5308); and
(B) any assistance that is provided or otherwise
made available by the Secretary of Agriculture under
title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.).
(3) Person or entity.--The term ``person or entity''
includes an individual, corporation (including a not-for-profit
corporation), partnership, association, labor organization,
legal representative, mutual corporation, joint-stock company,
trust, unincorporated association, trustee, trustee in a case
under title 11, United States Code, receiver, or fiduciary.
SEC. 3. VISITABILITY REQUIREMENT.
It shall be unlawful for any person or entity, with respect to a
covered dwelling unit designed, constructed, or commissioned,
contracted, or otherwise arranged for construction, by the person or
entity, to fail to ensure that the dwelling unit contains not less than
1 level that complies with the Standards for Type C (Visitable) Units
of the American National Standards Institute (commonly known as
``ANSI'') Standards for Accessible and Usable Buildings and Facilities
(section 1005 of ICC ANSI A117.1-2009) or any successor standard.
SEC. 4. ENFORCEMENT.
(a) Requirement for Federal Financial Assistance.--An applicant for
Federal financial assistance shall submit an assurance to the Federal
agency responsible for the assistance that each program or activity of
the applicant will be conducted in compliance with this Act.
(b) Approval of Architectural, Interior Design, and Construction
Plans.--
(1) Submission.--
(A) In general.--An applicant for or recipient of
Federal financial assistance for the design,
construction, or commissioning, contracting, or other
arrangement for construction, of a covered dwelling
unit shall submit for approval the architectural,
interior design, and construction plans for the unit to
the State or local department or agency that is
responsible, under applicable State or local law, for
the review and approval of construction and design
plans for compliance with generally applicable building
codes or requirements (in this subsection referred to
as the ``appropriate State or local agency'').
(B) Notice included.--In submitting plans under
subparagraph (A), a person or entity shall include
notice that the person or entity has applied for or
received Federal financial assistance with respect to
the covered dwelling unit.
(2) Determination of compliance.--
(A) Condition of federal housing assistance.--The
Secretary of Housing and Urban Development, the
Secretary of Agriculture, and the Secretary of Veterans
Affairs may not provide any Federal financial
assistance under any program administered by the
Secretary involved to a State or unit of general local
government (or any agency thereof) unless the
appropriate State or local agency thereof is, in the
determination of the Secretary involved, taking the
enforcement actions under subparagraph (B).
(B) Enforcement actions.--The enforcement actions
under this subparagraph are--
(i) reviewing any plans for a covered
dwelling unit submitted under paragraph (1) and
approving or disapproving the plans based on
compliance of the dwelling unit with the
requirements of this Act; and
(ii) consistent with applicable State or
local laws and procedures, withholding final
approval of construction or occupancy of a
covered dwelling unit unless and until the
appropriate State or local agency determines
compliance as described in clause (i).
(c) Civil Action for Private Persons.--
(1) Action.--Not later than 2 years after the occurrence or
termination, whichever is later, of an act or omission with
respect to a covered dwelling unit in violation of this Act, a
person aggrieved by the act or omission may bring a civil
action in an appropriate district court of the United States or
State court against any person or entity responsible for any
part of the design or construction of the covered dwelling
unit, subject to paragraph (2).
(2) Liability of state or local agency.--In a civil action
brought under paragraph (1) for a violation involving
architectural or construction plans for a covered dwelling unit
that were approved by the appropriate State or local agency--
(A) if the approved plans violate this Act and any
construction on the covered dwelling unit that violates
this Act was performed in accordance with the approved
plans, the State or local agency shall be liable for
that construction; and
(B) if the approved plans comply with this Act and
any construction on the covered dwelling unit violates
this Act, the person or entity responsible for the
construction shall be liable for that construction.
(d) Enforcement by Attorney General.--
(1) Civil action.--If the Attorney General has reasonable
cause to believe that a person or group of persons has violated
this Act, the Attorney General may bring a civil action in an
appropriate district court of the United States.
(2) Intervention in private action.--The Attorney General
may, upon timely application, intervene in any civil action
brought under subsection (c) by a private person if the
Attorney General certifies that the case is of general public
importance.
(e) Relief.--In any civil action brought under this section, if the
court finds that a violation of this Act has occurred or is about to
occur, the court--
(1) may award to the plaintiff actual and punitive damages;
and
(2) subject to subsection (g), may grant as relief, as the
court finds appropriate, any permanent or temporary injunction,
temporary restraining order, or other order (including an order
enjoining the defendant from violating the Act or ordering such
affirmative action as may be appropriate).
(f) Violations.--For purposes of this section, a violation
involving a covered dwelling unit that is not designed or constructed
in accordance with this Act shall not be considered to terminate until
the violation is corrected.
(g) Attorney's Fees.--In any civil action brought under this
section, the court, in its discretion, may allow the prevailing party,
other than the United States, a reasonable attorney's fee and costs.
(h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief
granted under this section shall not affect any contract, sale,
encumbrance, or lease consummated before the granting of the relief and
involving a bona fide purchaser, encumbrancer, or tenant, without
actual notice of a civil action under this section.
SEC. 5. EFFECT ON STATE LAWS.
Nothing in this Act shall be constructed to invalidate or limit any
law of a State or political subdivision of a State, or of any other
jurisdiction in which this Act shall be effective, that grants,
guarantees, or provides the same rights, protections, and requirements
as are provided by this Act, but any law of a State, a political
subdivision thereof, or other such jurisdiction that purports to
require or permit any action that would violate this Act shall to that
extent be invalid.
SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.
Nothing in this Act shall limit any right, procedure, or remedy
available under the Constitution of the United States or any other Act
of Congress.
SEC. 7. SEVERABILITY OF PROVISIONS.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the remaining provisions of
this Act and the application of those provisions to other persons or
circumstances shall not be affected thereby.
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