[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2352 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2352

  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

                             June 13, 2013

 Ms. Schakowsky (for herself, Mr. Carson of Indiana, Mr. Ellison, Mr. 
    Langevin, Ms. Moore, Ms. Norton, and Mr. Rangel) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 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 ``Eleanor Smith Inclusive Home Design 
Act of 2013''.

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 construction, by 
                any person or entity who, at any time before the design 
                or construction, received or was guaranteed 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) 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 
                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--
                            (i) grants, subsidies, or any other funds;
                            (ii) services of Federal personnel;
                            (iii) 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;
                            (iv) any tax credit, mortgage or loan 
                        guarantee or insurance; and
                            (v) 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); or
                    (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 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(1)(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 
Standards for Type C (Visitable) Units of the American National 
Standards Institute (ANSI) Standards for Accessible and Usable 
Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future 
revisions thereto.

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 for a covered dwelling unit shall submit 
        for approval the 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) 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.
                    (B) 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 (A).
    (c) Civil Action for Private Persons.--
            (1) Action.--Any person aggrieved by an act or omission 
        that is unlawful under this Act may commence a civil action in 
        an appropriate United States district court or State court 
        against any person or entity responsible for any part of the 
        design or construction of a covered dwelling unit no later than 
        two years after the occurrence or termination of the alleged 
        unlawful conduct under this Act.
            (2) Liability.--In any action under this subsection for a 
        violation involving architectural or construction plans for a 
        covered dwelling unit that were approved by the appropriate 
        State or local department or agency--
                    (A) if such approved plans violate this Act and any 
                construction on such dwelling that violates this Act 
                was performed in accordance with such approved plans, 
                such State or local department or agency shall be 
                liable for such construction in violation; and
                    (B) if such approved plans comply with this Act and 
                any construction on such dwelling violates this Act, 
                the person or entity responsible for the construction 
                shall be liable for such construction in violation.
    (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) Violations.--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.
    (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 such relief 
and involving a bona fide purchaser, encumbrancer, or tenant, without 
actual notice of a civil action under this title.

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 or any other Act of the Congress.

SEC. 7. 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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