[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2124 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2124

  To address the needs of individuals with disabilities in emergency 
   planning requirements and relief efforts in the event of a major 
 disaster, to increase the accessibility of replacement housing built 
    with Federal funds following Hurricane Katrina and other major 
                   disasters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2005

  Mr. Harkin introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To address the needs of individuals with disabilities in emergency 
   planning requirements and relief efforts in the event of a major 
 disaster, to increase the accessibility of replacement housing built 
    with Federal funds following Hurricane Katrina and other major 
                   disasters, and for other purposes.

    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 ``Emergency Preparedness and Response 
for Individuals With Disabilities Act of 2005''.

     TITLE I--EMERGENCY PLANNING AND RESPONSE FOR INDIVIDUALS WITH 
                              DISABILITIES

SEC. 101. DEFINITION.

    Section 506 of the Homeland Security Act of 2002 (6 U.S.C. 316) is 
amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and realigning the 
        margin as appropriate; and
            (2) by striking ``, the term'' and inserting the following: 
        ``--
            ``(1) the term `individual with a disability' has the 
        meaning given the term in section 3 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102); and
            ``(2) the term''.

SEC. 102. DISABILITY COORDINATOR.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 512. DISABILITY COORDINATOR.

    ``(a) In General.--After consultation with organizations 
representing individuals with disabilities and the Interagency 
Coordinating Council on Emergency Preparedness and Individuals with 
Disabilities established under Executive Order 13347 (6 U.S.C. 312 
note), the Secretary shall appoint a Disability Coordinator. The 
Disability Coordinator shall report directly to the Secretary, in order 
to ensure that the needs of individuals with disabilities are being 
properly addressed in emergency preparedness and disaster relief.
    ``(b) Responsibilities.--The Disability Coordinator shall be 
responsible for--
            ``(1) providing guidance and coordination on matters 
        related to individuals with disabilities in emergency planning 
        requirements and relief efforts in the event of a major 
        disaster;
            ``(2) interacting directly with Department staff, the 
        Interagency Coordinating Council on Emergency 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 and local government authorities 
        regarding the needs of individuals with disabilities in 
        emergency planning requirements and relief efforts in the event 
        of a major 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 major 
        disaster;
            ``(4) coordinating and disseminating best practices and 
        model evacuation plans for individuals with disabilities;
            ``(5) developing a curriculum for first responder training 
        on the needs of individuals with disabilities, including the 
        needs of individuals with physical disabilities and the needs 
        of individuals with psychiatric disabilities;
            ``(6) developing training materials for State and local 
        governmental officials, first responders, and others about the 
        importance of allowing individuals with disabilities to retain 
        their durable medical equipment, wheelchairs, service animals, 
        and other assistive devices, to the maximum extent possible, in 
        the aftermath of a major disaster;
            ``(7) working with the Director of the Centers for Medicare 
        and Medicaid Services, durable medical equipment regional 
        carriers, manufacturers and suppliers of durable medical 
        equipment, and medical professionals to draft an emergency 
        response plan for the temporary loan or replacement of durable 
        medical equipment in the event of a major disaster;
            ``(8) ensuring the accessibility of telephone hotlines and 
        websites regarding emergency preparedness, evacuations, and 
        disaster relief;
            ``(9) working with the Chairman of the Federal 
        Communications Commission 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;
            ``(10) coordinating the availability of accessible 
        transportation options for individuals with disabilities in the 
        event of an evacuation;
            ``(11) providing guidance and implementing policies to 
        ensure that the rights and wishes of individuals with 
        disabilities regarding post-evacuation residency and relocation 
        are respected;
            ``(12) ensuring that meeting the needs of individuals with 
        disabilities are included in any Federal emergency response 
        plans; and
            ``(13) any other duties relevant to emergency preparedness 
        an response for individuals with disabilities.''.
    (b) Technical and Conforming Amendments.--The Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by redesignating the second section designated as 
        section 510 as section 511; and
            (2) in the table of contents, by inserting after the item 
        relating to section 509 the following:

        ``Sec. 510. Procurement of security countermeasures for 
                            Strategic National Stockpile.
        ``Sec. 511. Urban and other high risk area communications 
                            capabilities.
        ``Sec. 512. Disability Coordinator.''.

SEC. 103. TEMPORARY HOUSING.

    Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended by--
            (1) redesignating clauses (ii) and (iii) as clauses (iii) 
        and (iv) respectively; and
            (2) inserting after clause (i) the following:
                            ``(ii) Accessible temporary housing.--In 
                        the event temporary housing units, including 
                        trailers, are provided under clause (i), not 
                        less than 30 percent of such temporary housing 
                        shall be physically accessible to and usable by 
                        individuals with disabilities, and the 
                        accessible units shall be integrated with other 
                        available housing units.''.

SEC. 104. RIGHT OF INDIVIDUALS WITH DISABILITIES TO LIVE INDEPENDENTLY.

    Section 308 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5151) is amended by adding at the end the 
following:
    ``(c) Individuals With Disabilities.--Personnel carrying out 
Federal assistance functions under subsection (a) and governmental 
bodies and other organizations providing assistance under subsection 
(b) shall exert maximum effort to ensure that individuals with 
disabilities (as defined in section 3 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12102)) who were living 
independently before evacuating their homes are offered housing 
alternatives with comparable independence.''.

SEC. 105. GAO STUDY ON ACCESSIBILITY OF EMERGENCY SHELTERS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a national study regarding whether, and, if so, to what extent, 
emergency shelters for use in response to a major disaster, as that 
term is defined in section 102(2) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) are accessible 
to, and usable by, individuals with disabilities.
    (b) Report.--Not later than 12 months after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
a report summarizing the results of this study to the Committee on 
Homeland Security and Governmental Affairs and the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Homeland Security and the Committee on Education and the Workforce of 
the House of Representatives.

       TITLE II--INCREASING ACCESSIBILITY OF REPLACEMENT HOUSING

SEC. 201. AMOUNT OF ASSISTANCE AVAILABLE.

    (a) In General.--Section 408(c)(3) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(3)) is 
amended by adding at the end the following:
                    ``(D) Additional assistance for enhanced 
                accessibility.--The maximum amount of assistance 
                provided to a household under this paragraph may be 
                increased by $5,000 if the owner of the residence 
                involved agrees to comply with the increased 
                accessibility standards described in paragraph (5).''.
    (b) Maximum Amounts.--Section 408(h)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(h)(1)) is 
amended by striking ``$25,000'' and inserting ``$30,000''.
    (c) Small Businesses.--Section 7(b) of the Small Business Act (15 
U.S.C. 636(b)) is amended by inserting immediately after paragraph (3) 
the following:
            ``(4) Accessibility of replacement housing.--
        Notwithstanding any other provision of law, the Administrator 
        may increase the maximum amount of a loan under this subsection 
        by not more than 10 percent if--
                    ``(A) the loan is for replacement of a private 
                residence; and
                    ``(B) the owner agrees to comply with the increased 
                accessibility standards described in paragraph (5) of 
                section 408(c) of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5174(c)).''.
    (d) Clerical Amendments.--Section 7(b) of the Small Business Act 
(15 U.S.C. 636(b)) is amended in the undesignated matter at the end--
            (1) in the sentence beginning ``In the Administration of 
        the disaster loan program'', by striking ``, (2), and (4)'' and 
        inserting ``and (2)''; and
            (2) in the sentence beginning ``A State grant made on or 
        prior to July 1, 1979'', by striking ``, (2), or (4)'' and 
        inserting ``or (2)''.

SEC. 202. ACCESSIBILITY STANDARDS.

    Section 408(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at 
the end the following:
            ``(5) Increased accessibility standards for replacement 
        housing.--
                    ``(A) In general.--The increased accessibility 
                standards described in this paragraph include features 
                that allow a residence to be accessible to, and usable 
                by, an individual with a disability (including a person 
                who uses a wheelchair).
                    ``(B) Minimum requirements.--The accessible 
                features described in this paragraph include, at a 
                minimum--
                            ``(i) an accessible pathway from outside of 
                        the residence to an accessible entrance;
                            ``(ii) an accessible entrance;
                            ``(iii) an accessible pathway that connects 
                        the accessible entrance to the accessible 
                        features within the residence;
                            ``(iv) accessible interior doors;
                            ``(v) accessible environmental controls;
                            ``(vi) an accessible sleeping area;
                            ``(vii) an accessible bathing area;
                            ``(viii) an accessible bathroom that 
                        includes an accessible toileting area;
                            ``(ix) an accessible kitchen; and
                            ``(x) accessible living space.
                    ``(C) Location.--The interior accessible features 
                described in subparagraph (B) shall either be located 
                on 1 level of the residence or connected to each other 
                in a manner that allows their independent use by an 
                individual with a disability (including a person who 
                uses a wheelchair).
                    ``(D) Standards.--
                            ``(i) In general.--Not later than 12 months 
                        after the date of enactment of this paragraph, 
                        the Architectural and Transportation Barriers 
                        Compliance Board shall issue and publish 
                        standards setting forth the minimum technical 
                        criteria necessary to implement the 
                        requirements set forth in this paragraph. The 
                        Architectural and Transportation Barriers 
                        Compliance Board shall periodically review and, 
                        as appropriate, amend the standards.
                            ``(ii) Interim standards.--If a State or 
                        locality has an ordinance, statute, or 
                        regulation that provides for increased housing 
                        accessibility standards comparable to those in 
                        subparagraph (B), residents of that State or 
                        locality who agree to meet the standards shall 
                        be eligible for the increased funds available 
                        under paragraph (3)(D) of this subsection and 
                        paragraph (4) of section 7(b) of the Small 
                        Business Act (15 U.S.C. 636(b)), until such 
                        time as the Architectural and Transportation 
                        Barriers Compliance Board issues and publishes 
                        its standards under clause (i).
            ``(6) Enforcement of accessibility standards.--
                    ``(A) Requirement for additional assistance for 
                enhanced accessibility.--Each applicant for additional 
                assistance for enhanced accessibility under paragraph 
                (3)(D) of this subsection or section 7(b)(4) of the 
                Small Business Act shall submit an assurance to the 
                Federal Emergency Management Agency that the residence 
                described in paragraph (3)(D) of this subsection or 
                section 7(b)(4) of the Small Business Act, as the case 
                may be (referred to in this paragraph as `replacement 
                housing'), shall be constructed in compliance with the 
                increased accessibility standards described in 
                paragraph (5).
                    ``(B) Approval of architectural and construction 
                plans.--
                            ``(i) Submission.--Each applicant for 
                        additional assistance for enhanced 
                        accessibility under paragraph (3)(D) of this 
                        subsection or section 7(b)(4) of the Small 
                        Business Act shall submit architectural and 
                        construction plans for the proposed replacement 
                        housing to the appropriate State or local 
                        agency.
                            ``(ii) Federal housing assistance.--The 
                        Secretary of Homeland Security and the Director 
                        of the Federal Emergency Management Agency 
                        shall not provide any financial assistance 
                        under this Act to a State or unit of general 
                        local government (or any agency thereof) unless 
                        the appropriate State or local agency is, in 
                        the determination of such Secretary or 
                        Director, taking the enforcement actions 
                        described in clause (iii).
                            ``(iii) Enforcement actions.--The 
                        enforcement actions described in this clause 
                        are--
                                    ``(I) reviewing any plans for 
                                proposed replacement housing submitted 
                                under clause (i) and approving or 
                                disapproving such plans based upon 
                                compliance of the replacement housing 
                                with the requirements of paragraph (5); 
                                and
                                    ``(II) consistent with applicable 
                                State or local laws and procedures, 
                                withholding final approval for 
                                construction or occupancy of the 
                                replacement housing unless and until 
                                such compliance is achieved.
                            ``(iv) Enforcement by attorney general.--
                        Whenever the Attorney General has reasonable 
                        cause to believe that any person or group of 
                        persons has violated this paragraph or 
                        paragraph (5), the Attorney General may 
                        commence a civil action in any appropriate 
                        United States district court.
                            ``(v) Relief.--In any civil action brought 
                        under clause (iv), if the court finds that a 
                        violation of this paragraph or paragraph (5) 
                        has occurred or is about to occur, the court 
                        may grant any equitable relief that the court 
                        considers to be appropriate, including 
                        temporary, preliminary, or permanent relief.
            ``(7) Definitions.--In this subsection:
                    ``(A) Appropriate state or local agency.--The term 
                `appropriate State or local agency' means 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.
                    ``(B) Individual with a disability.--The term 
                `individual with a disability' has the meaning given 
                the term in section 3 of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12102).''.
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