[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9181 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9181

  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

                             July 26, 2024

Ms. Schakowsky (for herself, Mr. Khanna, Ms. Norton, and Mr. Grijalva) 
 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 2024''.

SEC. 2. DEFINITIONS.

    As used 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 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 assistance.--The term ``Federal assistance'' 
        means any assistance that is provided or otherwise made 
        available by the Federal Government, 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--
                    (A) a grant, a subsidy, or any other funds;
                    (B) a service provided by a Federal employee or an 
                employee of a person or entity that receives a grant 
                from the Federal Government;
                    (C) real or personal property or any interest in or 
                use of such property, including--
                            (i) a transfer or lease of the property; 
                        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;
                    (D) any--
                            (i) tax credit; or
                            (ii) mortgage or loan guarantee or 
                        insurance; and
                    (E) 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).
            (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, fiduciary, Tribal 
        government, territorial government, or local government.

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 ANSI A117.1-2017) or any successor standard and the 
requirements of this Act and any regulations issued under this Act.

SEC. 4. ENFORCEMENT.

    (a) Requirement for Federal Assistance.--An applicant for Federal 
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 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 assistance, as defined in this Act, 
                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 assistance under 
                any program administered by the Secretary involved to a 
                State or unit of general local government (or any 
                agency or instrumentality 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 Brought by Private Persons.--
            (1) Action.--Not later than 5 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 
        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 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 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, including 
        retrofitting of the covered dwelling unit).
    (f) Statute of Limitations.--For purposes of this section, the 
statute of limitations shall not begin to run until any deficiency in 
visitability of a covered dwelling unit has been 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, 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 construed 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 or greater 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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