[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4447 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4447

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2022

  Ms. Duckworth (for herself and Mr. Casey) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To require all newly constructed, federally assisted, single-family 
  houses and townhouses 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 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered dwelling unit.--The term ``covered dwelling 
        unit'' means a dwelling unit that--
                    (A) is--
                            (i) a detached single-family house;
                            (ii) a townhouse or multi-level dwelling 
                        unit (whether detached or attached to other 
                        units or structures); or
                            (iii) 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) was designed, constructed, or commissioned, 
                contracted, or otherwise arranged for construction, by 
                any person or entity that, at any time before the 
                design or construction, received or was guaranteed 
                Federal financial assistance for any program or 
                activity relating to the design, construction, or 
                commissioning, contracting, or other arrangement for 
                construction, of the dwelling unit; and
                    (D) is made available for first occupancy on or 
                after the date that is 1 year after the date of 
                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 
                under any program or activity of the Department of 
                Housing and Urban Development or the Department of 
                Veterans Affairs, through any grant, loan, contract, or 
                any other arrangement, on or after the date that is 1 
                year after the date of enactment of this Act, 
                including--
                            (i) a grant, a subsidy, or any other funds;
                            (ii) service provided by a Federal 
                        employee;
                            (iii) real or personal property or any 
                        interest in or use of such property, 
                        including--
                                    (I) a transfer or lease 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;
                            (iv) any--
                                    (I) tax credit; or
                                    (II) mortgage or loan guarantee or 
                                insurance; and
                            (v) community development funds in the form 
                        of an obligation 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.).
            (3) Person or entity.--The term ``person or entity'' 
        includes an individual, corporation (including a not-for-profit 
        corporation), partnership, association, labor organization, 
        legal representative, mutual corporation, joint-stock company, 
        trust, unincorporated association, trustee, trustee in a case 
        under title 11, United States Code, receiver, or fiduciary.

SEC. 3. VISITABILITY REQUIREMENT.

    It shall be unlawful for any person or entity, with respect to a 
covered dwelling unit designed, constructed, or commissioned, 
contracted, or otherwise arranged for construction, by the person or 
entity, to fail to ensure that the dwelling unit contains not less than 
1 level that complies with the Standards for Type C (Visitable) Units 
of the American National Standards Institute (commonly known as 
``ANSI'') Standards for Accessible and Usable Buildings and Facilities 
(section 1005 of ICC ANSI A117.1-2009) or any successor standard.

SEC. 4. ENFORCEMENT.

    (a) Requirement for Federal Financial Assistance.--An applicant for 
Federal financial assistance shall submit an assurance to the Federal 
agency responsible for the assistance that each program or activity of 
the applicant will be conducted in compliance with this Act.
    (b) Approval of Architectural, Interior Design, and Construction 
Plans.--
            (1) Submission.--
                    (A) In general.--An applicant for or recipient of 
                Federal financial assistance for the design, 
                construction, or commissioning, contracting, or other 
                arrangement for construction, of a covered dwelling 
                unit shall submit for approval the architectural, 
                interior design, and construction plans for the 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 and design 
                plans for compliance with generally applicable building 
                codes or requirements (in this subsection referred to 
                as the ``appropriate State or local agency'').
                    (B) Notice included.--In submitting plans under 
                subparagraph (A), a person or entity shall include 
                notice that the person or entity has applied for or 
                received Federal financial assistance with respect to 
                the covered dwelling unit.
            (2) Determination of compliance.--
                    (A) Condition of federal housing assistance.--The 
                Secretary of Housing and Urban Development, the 
                Secretary of Agriculture, and the Secretary of Veterans 
                Affairs may not provide any Federal financial 
                assistance under any program administered by the 
                Secretary involved 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 involved, 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 under paragraph (1) and 
                        approving or disapproving the plans based on 
                        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 the 
                        appropriate State or local agency determines 
                        compliance as described in clause (i).
    (c) Civil Action for Private Persons.--
            (1) Action.--Not later than 2 years after the occurrence or 
        termination, whichever is later, of an act or omission with 
        respect to a covered dwelling unit in violation of this Act, a 
        person aggrieved by the act or omission may bring a civil 
        action in an appropriate district court of the United States or 
        State court against any person or entity responsible for any 
        part of the design or construction of the covered dwelling 
        unit, subject to paragraph (2).
            (2) Liability of state or local agency.--In a civil action 
        brought under paragraph (1) for a violation involving 
        architectural or construction plans for a covered dwelling unit 
        that were approved by the appropriate State or local agency--
                    (A) if the approved plans violate this Act and any 
                construction on the covered dwelling unit that violates 
                this Act was performed in accordance with the approved 
                plans, the State or local agency shall be liable for 
                that construction; and
                    (B) if the approved plans comply with this Act and 
                any construction on the covered dwelling unit violates 
                this Act, the person or entity responsible for the 
                construction shall be liable for that construction.
    (d) Enforcement by Attorney General.--
            (1) Civil action.--If the Attorney General has reasonable 
        cause to believe that a person or group of persons has violated 
        this Act, the Attorney General may bring a civil action in an 
        appropriate district court of the United States.
            (2) Intervention in private action.--The Attorney General 
        may, 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 Act has occurred or is about to 
occur, the court--
            (1) may award to the plaintiff actual and punitive damages; 
        and
            (2) 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 accordance with 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 the relief and 
involving a bona fide purchaser, encumbrancer, or tenant, without 
actual notice of a civil action under this section.

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 of the United States or any other Act 
of Congress.

SEC. 7. SEVERABILITY OF PROVISIONS.

    If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remaining provisions of 
this Act and the application of those provisions to other persons or 
circumstances shall not be affected thereby.
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