[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[Senate]
[Pages S5793-S5794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 2889. A bill to require compliance with established universal home 
design guidelines, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2889

       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.

[[Page S5794]]

       (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 (ii) 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.
                                 ______