[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2889 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2889

     To require compliance with established universal home design 
                  guidelines, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2014

  Mr. Harkin introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
     To require compliance with established universal home design 
                  guidelines, 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 ``Universal Home Design Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Accessible.--The term ``accessible'' (except when used 
        in the context of accessible format) means--
                    (A) consistent with--
                            (i) subpart D of part 36 of title 28, Code 
                        of Federal Regulations (or any corresponding 
                        similar regulation or ruling); and
                            (ii) appendices B and D to part 1191 of 
                        title 36, Code of Federal Regulations (or any 
                        corresponding similar regulation or ruling); 
                        and
                    (B) independently usable by individuals with 
                disabilities, including those who use a mobility device 
                such as a wheelchair.
            (2) Access board.--The term ``Access Board'' means the 
        Architectural and Transportation Barriers Compliance Board 
        established under section 502 of the Rehabilitation Act of 1973 
        (29 U.S.C. 792).
            (3) 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 not more than 3 dwelling 
                units;
                    (B) is designed as, or intended for occupancy as, a 
                residence;
                    (C)(i) was designed, constructed, or commissioned, 
                contracted, or otherwise arranged for construction, by 
                a person or entity who, at any time before the design 
                or construction, received or was guaranteed Federal 
                financial assistance for any program or activity;
                    (ii) is purchased by a person or entity using 
                amounts that are provided or guaranteed under a program 
                that provides Federal financial assistance for 
                homeownership; or
                    (iii) is offered for purchase by a person or entity 
                using amounts that are provided or guaranteed under a 
                program that provides Federal financial assistance for 
                homeownership; and
                    (D) is made available for first occupancy after the 
                expiration of the 30-month period beginning on the date 
                of the enactment of this Act.
            (4) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.
            (5) Federal financial assistance.--The term ``Federal 
        financial assistance'' means--
                    (A) any assistance that is provided or otherwise 
                made available by the Federal National Mortgage 
                Association, the Federal Home Loan Mortgage 
                Corporation, any Federal Home Loan Bank, the Secretary 
                of Housing and Urban Development, the Secretary of 
                Veterans Affairs, or any program or activity of the 
                Department of Housing and Urban Development or the 
                Department of Veterans Affairs, through any grant, 
                loan, insurance, guarantee, contract, or any other 
                arrangement, after the expiration of the 1-year period 
                beginning on the date of the enactment of this Act, 
                including--
                            (i) a grant, subsidy, or any other funds;
                            (ii) 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 the fair market 
                                value is not returned to the Federal 
                                Government;
                            (iii) any tax credit, mortgage or loan 
                        guarantee, or insurance; and
                            (iv) 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); 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.).
            (6) Individual with a disability.--The term ``individual 
        with a disability'' means an individual with a disability, as 
        defined in section 3 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12102).
            (7) Individuals with disabilities.--The term ``individuals 
        with disabilities'' means more than 1 individual with a 
        disability.
            (8) Person or entity.--The term ``person or entity'' 
        includes 1 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.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (10) Universal home design.--The term ``universal home 
        design'' means the inclusion of architectural and other 
        landscaping features that allow basic access to and within a 
        residential dwelling by an individual with a disability who 
        cannot climb stairs, including an individual who uses a 
        mobility device such as a wheelchair.

SEC. 3. ESTABLISHMENT OF UNIVERSAL HOME DESIGN GUIDELINES.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Access Board, in consultation with the 
Secretary, shall develop and issue guidelines setting forth the minimum 
technical criteria and scoping requirements for a covered dwelling unit 
to be in compliance with universal home design under this Act.
    (b) Universal Home Design Features Covered.--The guidelines 
required to be developed and issued under subsection (a) shall include, 
at a minimum, basic access to a covered dwelling unit and to not less 
than 1 level within such covered dwelling unit, including--
            (1) an accessible entrance located on an accessible path 
        from the public street or driveway;
            (2) accessible interior doors with sufficient clear width 
        and accessible thresholds;
            (3) accessible environmental controls on the wall;
            (4) at least 1 accessible indoor room that has an area of 
        not less than 70 square feet and contains no side or dimension 
        narrower than 7 feet;
            (5) an accessible bathroom with--
                    (A) an accessible sink and toilet; and
                    (B) reinforced walls that permit the installation 
                of grab bars; and
            (6) a kitchen space--
                    (A) with accessible food preparation, washing, and 
                storage areas; and
                    (B) that can easily be further adapted to 
                accommodate an individual with a disability.
    (c) Regulations.--Not later than 6 months after the date on which 
the guidelines are issued under subsection (a), the Secretary shall 
issue regulations, in an accessible format--
            (1) to carry out the provisions of this Act; and
            (2) that include accessibility standards that are 
        consistent with the guidelines issued under subsection (a).
    (d) Review and Amendment.--
            (1) Access board.--The Access Board, in consultation with 
        the Secretary, shall--
                    (A) periodically review and, as appropriate, amend 
                the guidelines issued under subsection (a); and
                    (B) issue such amended guidelines as revised 
                guidelines.
            (2) Secretary.--Not later than 6 months after the date on 
        which revised guidelines are issued under paragraph (1)(B), the 
        Secretary shall issue revised regulations that are consistent 
        with such revised guidelines.

SEC. 4. USE OF UNIVERSAL HOME DESIGN GUIDELINES IN NEW CONSTRUCTION.

    It shall be unlawful for any person described in clauses (i), (ii), 
and (iii) of section 2(3)(C), with respect to a covered dwelling unit, 
to fail to ensure that the covered dwelling unit complies with the 
universal home design guidelines established under section 3.

SEC. 5. ENFORCEMENT.

    (a) Requirement for Federal Financial Assistance.--Each applicant 
for Federal financial assistance that is to be used for a covered 
dwelling unit shall submit to the agency providing such Federal 
financial assistance an assurance, at such time and in such manner as 
the head of the agency may require, verifying that the applicant is in 
compliance with the universal home design guidelines established under 
section 3 with respect to the covered dwelling unit.
    (b) Civil Action for Private Persons.--Any person aggrieved by an 
act or omission that is unlawful under section 3 or 4 may commence a 
civil action in an appropriate United States district court against any 
person or entity responsible for any part of the design, construction, 
or sale of a covered dwelling unit.
    (c) Enforcement by Attorney General.--Whenever the Attorney General 
has reasonable cause to believe that any person or group of persons has 
violated section 3 or 4, 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 (b) by a private person if the Attorney 
General certifies that the case is of general public importance.
    (d) Relief.--In any civil action brought under subsection (b) or 
(c), if the court finds that a violation of section 3 or 4 of this Act 
has occurred or is about to occur, it may award to the plaintiff actual 
and punitive damages, and 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 section 3 or 4 of this Act or ordering such 
affirmative action as may be appropriate).
    (e) Attorney's Fees.--In any civil action brought under subsection 
(b) or (c), the court, in its discretion, may allow the prevailing 
party, other than the United States, a reasonable attorney's fee and 
costs.
    (f) Violations.--For purposes of this section, a violation 
involving a covered dwelling unit that is not designed or constructed 
in conformity with the universal home design guidelines established 
under section 3 shall not be considered to terminate until the 
violation is corrected.

SEC. 6. OFFICE OF ACCESSIBLE HOUSING AND DEVELOPMENT.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall establish in the Department 
an Office of Accessible Housing and Development.
    (b) Director.--The Office of Accessible Housing and Development 
shall be headed by a Director of Accessible Housing and Development, 
who shall be--
            (1) appointed by the Secretary;
            (2) an individual with substantial knowledge of individuals 
        with disabilities and universal design; and
            (3) responsible for implementing the responsibilities 
        described in subsection (c).
    (c) Responsibilities.--
            (1) Information dissemination.--The Office of Accessible 
        Housing and Development shall disseminate information to inform 
        the public about the importance of universal home design by--
                    (A) sharing information and resources about the 
                requirements under this Act, the Fair Housing Act (42 
                U.S.C. 3601 et seq.), section 504 of the Rehabilitation 
                Act of 1973 (29 U.S.C. 794), and the Americans with 
                Disabilities Act (42 U.S.C. 12101 et seq.); and
                    (B) creating a website in accordance with section 
                508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) 
                to facilitate the dissemination of information and 
                resources under subparagraph (A).
            (2) Surveying the availability of affordable and accessible 
        housing.--Not later than 180 days after the date of enactment 
        of this Act, the Office of Accessible Housing and Development 
        shall conduct a study and submit to the Secretary a report on 
        the number of covered dwelling units and other housing units 
        that are accessible to individuals with disabilities in each 
        State, disaggregated by type of housing, cost, and location.
            (3) Promoting universal home design.--The Office of 
        Accessible Housing and Development shall--
                    (A) help monitor progress and compliance with the 
                universal home design guidelines established under 
                section 3;
                    (B) submit to the Secretary an annual report 
                detailing compliance with the universal home design 
                guidelines established under section 3, including the 
                number of covered dwelling units that were built in 
                each State that were in compliance with such 
                guidelines;
                    (C) coordinate with, and provide technical 
                assistance to, the Department of Justice to assist in 
                the enforcement of this Act; and
                    (D) perform any other duties as the Secretary may 
                determine appropriate.

SEC. 7. SEVERABILITY.

    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.
                                 <all>