[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5683 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5683

  To require all newly constructed, federally assisted single-family 
 houses and town houses to meet minimum standards of visitability for 
                       persons with disabilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2002

Ms. Schakowsky introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committees on 
  Agriculture, and Veterans' Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To require all newly constructed, federally assisted single-family 
 houses and town houses 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 ``Inclusive Home Design Act of 2002''.

SEC. 2. DEFINITIONS.

     As used in this Act:
            (1) Covered dwelling unit.--The term ``covered dwelling 
        unit'' means a dwelling unit that--
                    (A) is a detached single family house, a townhouse 
                or multi-level dwelling unit (whether detached or 
                attached to other units or structures), or a ground-
                floor unit in a building of three or fewer dwelling 
                units;
                    (B) is designed as, or intended for occupancy as, a 
                residence;
                    (C) was designed, constructed, or commissioned, 
                contracted or otherwise arranged for design or 
                construction, by any person or entity who, at any time 
                during the design or construction, received Federal 
                financial assistance for any program or activity; and
                    (D) is made available for first occupancy after the 
                expiration of the one-year period beginning on the date 
                of the enactment of this Act.
            (2) Environmental controls.--The term ``environmental 
        controls'' means, for a dwelling unit, any switches or devices 
        that control or regulate lights, temperature, fuses, fans, 
        doors, security system features, or any other feature included 
        in the new construction of the unit.
            (3) Federal financial assistance.--The term ``Federal 
        financial assistance'' means any assistance that is provided or 
        otherwise made available by the Secretary of Housing and Urban 
        Development, the Secretary of Agriculture, or the Secretary of 
        Veterans Affairs, or any program or activity or such agencies, 
        through any grant, loan, contract, or any other arrangement, 
        after the expiration of the one-year period beginning on the 
        date of the enactment of this Act, including--
                    (A) grants, subsidies, or any other funds;
                    (B) services of Federal personnel;
                    (C) real or personal property or any interest in or 
                use of such property, including--
                            (i) transfers or leases 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 
                        its fair market value is not returned to the 
                        Federal Government;
                    (D) any tax credit, mortgage or loan guarantee or 
                insurance; and
                    (E) community development funds in the form of 
                obligations guaranteed under section 108 of the Housing 
                and Community Development Act of 1974 (42 U.S.C. 5308).
            (4) Person or entity.--The term ``person or entity'' 
        includes one or more individuals, corporations (including not-
        for-profit corporations), partnerships, associations, labor 
        organizations, legal representatives, mutual corporations, 
        joint-stock companies, trusts, unincorporated associations, 
        trustees, trustees in cases under title 11 of the United States 
        Code, receivers, and fiduciaries.

SEC. 3. VISITABILITY REQUIREMENT.

     It shall be unlawful for any person referred to in section 2(2)(C) 
with respect to a covered dwelling unit to fail to ensure that such 
dwelling unit contains at least one level that complies with the 
following requirements:
            (1) Accessible entrance.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the level shall contain at least one entrance to 
                the dwelling unit that--
                            (i) is accessible to, and usable by, people 
                        with disabilities;
                            (ii) does not contain any steps or any rise 
                        that exceeds one-half inch; and
                            (iii) is located on a continuous 
                        unobstructed path from the entrance of the 
                        building that contains or consists of the 
                        dwelling unit to the street, which path (I) can 
                        be negotiated by a person with a disability who 
                        uses a wheelchair, (II) is safe for and usable 
                        by people with other disabilities and people 
                        without disabilities, and (III) may include 
                        curb ramps, parking access aisles, walks, ramps 
                        and lifts.
                    (B) Exception.--The provisions of subparagraph (A) 
                shall not apply to a covered dwelling unit if such 
                compliance with the requirements under such 
                subparagraph would be severely impractical because of 
                the terrain or unusual physical limitations of the site 
                of the dwelling unit.
            (2) Accessible interior doors.--All doors that are designed 
        to allow passage within the level shall have an unobstructed 
        opening of at least 32 inches when the door is open at a 90-
        degree angle.
            (3) Accessible environmental controls.--All environmental 
        controls located on the level shall be located--
                    (A) no higher than 48 inches and no lower than 15 
                inches on the wall; and
                    (B) in the case of environmental controls located 
                directly above a counter, sink, or appliance, no higher 
                than three inches above such counter, sink, or 
                appliance.
            (4) Accessible habitable space and bathroom.--The level 
        shall contain--
                    (A) at least one indoor room that has an area of 
                not less than 70 square feet and contains no side or 
                dimension narrower than seven feet; and
                    (B) at least one bathroom that contains, at a 
                minimum, a toilet, sink, and walls that are reinforced 
                to allow for the later installation of grab bars.

SEC. 4. ENFORCEMENT.

    (a) Requirement for Federal Financial Assistance.--Each applicant 
for Federal financial assistance shall submit an assurance to the 
Federal agency responsible for such assistance that all of its programs 
and activities will be conducted in compliance with this Act.
    (b) Approval of Architectural and Construction Plans.--
            (1) Submission.--Any applicant for or recipient of Federal 
        financial assistance who designs, constructs, or commissions, 
        contracts, or otherwise arranges for design or construction, of 
        a covered dwelling unit shall submit architectural and 
        construction plans for such 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 
        plans for compliance with generally applicable building codes 
        or requirements (in this subsection referred to as the 
        ``appropriate State or local agency'').
            (2) Determination of compliance.--
                    (A) Condition of federal housing assistance.--The 
                Secretary of Housing and Urban Development may not 
                provide any Federal financial assistance under any 
                program administered by such Secretary 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, 
                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 pursuant to paragraph 
                        (1) and approving or disapproving such plans 
                        based upon 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 such 
                        compliance is determined.
    (c) Civil Action for Private Persons.--Any person aggrieved by an 
act that is unlawful under this Act may commence a civil action in an 
appropriate United States District Court or State court no later than 
two years after the occurrence or termination of any alleged unlawful 
conduct under this Act. For purposes of this section, a violation 
involving a covered dwelling unit that is not designed or constructed 
in conformity with the requirements of this Act shall not be considered 
to terminate until the violation is corrected.
    (d) Enforcement by Attorney General.--Whenever the Attorney General 
has reasonable cause to believe that any person or group of persons has 
violated this Act, the Attorney General may commence a civil action in 
any appropriate United States district court. The Attorney General may 
also, 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 title has occurred or is about to 
occur, it may award to the plaintiff actual and punitive damages, and 
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) 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.
    (g) 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 such relief 
and involving a bona fide purchaser, encumbrancer, or tenant, without 
actual notice of a civil action under this title.

SEC. 5. REGULATIONS AND MINIMUM GUIDELINES.

     Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Housing and Urban Development, the Secretary of 
Agriculture, and the Secretary of Veterans Affairs shall issue any 
regulations necessary to carry out this Act. The Architectural and 
Transportation Barriers Compliance Board established under section 502 
of the Rehabilitation Act of 1973 (29 U.S.C. 792) shall establish and 
maintain minimum guidelines and requirements for the standards issued 
pursuant to this Act. The Code Requirements for Housing Accessibility 
established by the International Council Code may be used as the basis 
for such guidelines and requirements.

SEC. 6. 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. 7. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.

     Nothing in this Act shall limit any right, procedure, or remedy 
available under the Constitution or any other Act of the Congress.

SEC. 8. SEVERABILITY OF PROVISIONS.

     If any provision of this Act of the application thereof to any 
person or circumstances is held invalid, the remainder of the Act and 
the application of the provision to other persons not similarly 
situated shall not be affected thereby.
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