[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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