Emergency Preparedness and Response for Individuals With Disabilities Act of 2006

109th CONGRESS
2d Session

H. R. 4704

To address the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster, to increase the accessibility of replacement housing built with Federal funds following Hurricane Katrina and other major disasters, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 7, 2006

Mr. LANGEVIN (for himself, Mr. WELDON of Pennsylvania, and Mr. RAMSTAD) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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 `Emergency Preparedness and Response for Individuals With Disabilities Act of 2006'.

TITLE I--EMERGENCY PLANNING AND RESPONSE FOR INDIVIDUALS WITH DISABILITIES

SEC. 101. DEFINITIONS.

(a) In General- Section 506 of the Homeland Security Act of 2002 (6 U.S.C. 316) is amended--

(1) in the section heading by striking `definition' and inserting `definitions';

(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the margin as appropriate; and

(3) by striking `, the term' and inserting the following: `--

`(1) the term `individual with a disability' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); and

`(2) the term'.

(b) Conforming Amendment- The table of contents contained in section 1(b) of such Act (116 Stat. 2135) is amended by striking the item relating to section 506 and inserting the following:

`Sec. 506. Definitions.'.

SEC. 102. DISABILITY COORDINATOR.

(a) In General- Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:

`SEC. 512. DISABILITY COORDINATOR.

`(a) In General- After consultation with organizations representing individuals with disabilities and the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities established under Executive Order 13347 (6 U.S.C. 312 note), the Secretary shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Secretary, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief.

`(b) Responsibilities- The Disability Coordinator shall be responsible for--

`(1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster;

`(2) interacting directly with Department staff, the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note), other agencies of the Federal Government, and State and local government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster;

`(3) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster;

`(4) coordinating and disseminating best practices and model evacuation plans for individuals with disabilities;

`(5) developing a curriculum for first responder training on the needs of individuals with disabilities, including the needs of individuals with physical disabilities and the needs of individuals with psychiatric disabilities;

`(6) developing training materials for State and local governmental officials, first responders, and others about the importance of allowing individuals with disabilities to retain their durable medical equipment, wheelchairs, service animals, and other assistive devices, to the maximum extent possible, in the aftermath of a major disaster;

`(7) working with the Director of the Centers for Medicare and Medicaid Services, durable medical equipment regional carriers, manufacturers and suppliers of durable medical equipment, and medical professionals to draft an emergency response plan for the temporary loan or replacement of durable medical equipment in the event of a major disaster;

`(8) ensuring the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief;

`(9) working with the Chairman of the Federal Communications Commission to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities;

`(10) coordinating the availability of accessible transportation options for individuals with disabilities in the event of an evacuation;

`(11) providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected;

`(12) ensuring that meeting the needs of individuals with disabilities are included in any Federal emergency response plans; and

`(13) any other duties relevant to emergency preparedness and response for individuals with disabilities.'.

(b) Technical and Conforming Amendments- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--

(1) by redesignating the second section designated as section 510 as section 511; and

(2) in the table of contents by inserting after the item relating to section 509 the following:

`Sec. 510. Procurement of security countermeasures for Strategic National Stockpile.

`Sec. 511. Urban and other high risk area communications capabilities.

`Sec. 512. Disability Coordinator.'.

SEC. 103. TEMPORARY HOUSING.

Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended--

(1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

(2) by inserting after clause (i) the following:

`(ii) ACCESSIBLE TEMPORARY HOUSING- In the event temporary housing units, including trailers, are provided under clause (i), not less than 30 percent of such temporary housing shall be physically accessible to and usable by individuals with disabilities, and the accessible units shall be integrated with other available housing units.'.

SEC. 104. RIGHT OF INDIVIDUALS WITH DISABILITIES TO LIVE INDEPENDENTLY.

Section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151) is amended by adding at the end the following:

`(c) Individuals With Disabilities- Personnel carrying out Federal assistance functions under subsection (a) and governmental bodies and other organizations providing assistance under subsection (b) shall exert maximum effort to ensure that individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who were living independently before evacuating their homes due to a major disaster or emergency are offered housing alternatives with comparable independence.'.

SEC. 105. GAO STUDY ON ACCESSIBILITY OF EMERGENCY SHELTERS.

(a) In General- The Comptroller General of the United States shall conduct a national study regarding whether, and, if so, to what extent, emergency shelters for use in response to a major disaster, as that term is defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), are accessible to, and usable by, individuals with disabilities.

(b) Report- Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit a report summarizing the results of this study to the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Homeland Security and the Committee on Education and the Workforce of the House of Representatives.

TITLE II--INCREASING ACCESSIBILITY OF REPLACEMENT HOUSING

SEC. 201. AMOUNT OF ASSISTANCE AVAILABLE.

(a) In General- Section 408(c)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(3)) is amended by adding at the end the following:

`(D) ADDITIONAL ASSISTANCE FOR ENHANCED ACCESSIBILITY- The maximum amount of assistance provided to a household under this paragraph may be increased by $5,000 if the owner of the residence involved agrees to comply with the increased accessibility standards described in paragraph (5).'.

(b) Maximum Amounts- Section 408(h)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(h)(1)) is amended by striking `$25,000' and inserting `$30,000'.

(c) Small Businesses- Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (3) the following:

`(4) ACCESSIBILITY OF REPLACEMENT HOUSING- Notwithstanding any other provision of law, the Administrator may increase the maximum amount of a loan under this subsection by not more than 10 percent if--

`(A) the loan is for replacement of a private residence; and

`(B) the owner agrees to comply with the increased accessibility standards described in paragraph (5) of section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)).'.

(d) Clerical Amendments- Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended in the undesignated matter at the end--

(1) in the sentence beginning `In the Administration of the disaster loan program' by striking `, (2), and (4)' and inserting `and (2)'; and

(2) in the sentence beginning `A State grant made on or prior to July 1, 1979' by striking `, (2), or (4)' and inserting `or (2)'.

SEC. 202. ACCESSIBILITY STANDARDS.

Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following:

`(5) INCREASED ACCESSIBILITY STANDARDS FOR REPLACEMENT HOUSING-

`(A) IN GENERAL- The increased accessibility standards described in this paragraph include features that allow a residence to be accessible to, and usable by, an individual with a disability (including a person who uses a wheelchair).

`(B) MINIMUM REQUIREMENTS- The accessible features described in this paragraph include, at a minimum--

`(i) an accessible pathway from outside of the residence to an accessible entrance;

`(ii) an accessible entrance;

`(iii) an accessible pathway that connects the accessible entrance to the accessible features within the residence;

`(iv) accessible interior doors;

`(v) accessible environmental controls;

`(vi) an accessible sleeping area;

`(vii) an accessible bathing area;

`(viii) an accessible bathroom that includes an accessible toileting area;

`(ix) an accessible kitchen; and

`(x) accessible living space.

`(C) LOCATION- The interior accessible features described in subparagraph (B) shall either be located on 1 level of the residence or connected to each other in a manner that allows their independent use by an individual with a disability (including a person who uses a wheelchair).

`(D) STANDARDS-

`(i) IN GENERAL- Not later than 12 months after the date of enactment of this paragraph, the Architectural and Transportation Barriers Compliance Board shall issue and publish standards setting forth the minimum technical criteria necessary to implement the requirements set forth in this paragraph. The Architectural and Transportation Barriers Compliance Board shall periodically review and, as appropriate, amend the standards.

`(ii) INTERIM STANDARDS- If a State or locality has an ordinance, statute, or regulation that provides for increased housing accessibility standards comparable to those in subparagraph (B), residents of that State or locality who agree to meet the standards shall be eligible for the increased funds available under paragraph (3)(D) of this subsection and paragraph (4) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), until such time as the Architectural and Transportation Barriers Compliance Board issues and publishes its standards under clause (i).

`(6) ENFORCEMENT OF ACCESSIBILITY STANDARDS-

`(A) REQUIREMENT FOR ADDITIONAL ASSISTANCE FOR ENHANCED ACCESSIBILITY- Each applicant for additional assistance for enhanced accessibility under paragraph (3)(D) of this subsection or section 7(b)(4) of the Small Business Act shall submit an assurance to the Federal Emergency Management Agency that the residence described in paragraph (3)(D) of this subsection or section 7(b)(4) of the Small Business Act, as the case may be (referred to in this paragraph as `replacement housing'), shall be constructed in compliance with the increased accessibility standards described in paragraph (5).

`(B) APPROVAL OF ARCHITECTURAL AND CONSTRUCTION PLANS-

`(i) SUBMISSION- Each applicant for additional assistance for enhanced accessibility under paragraph (3)(D) of this subsection or section 7(b)(4) of the Small Business Act shall submit architectural and construction plans for the proposed replacement housing to the appropriate State or local agency.

`(ii) FEDERAL HOUSING ASSISTANCE- The Secretary of Homeland Security and the Director of the Federal Emergency Management Agency shall not provide any financial assistance under this Act to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency is, in the determination of such Secretary or Director, taking the enforcement actions described in clause (iii).

`(iii) ENFORCEMENT ACTIONS- The enforcement actions described in this clause are--

`(I) reviewing any plans for proposed replacement housing submitted under clause (i) and approving or disapproving such plans based upon compliance of the replacement housing with the requirements of paragraph (5); and

`(II) consistent with applicable State or local laws and procedures, withholding final approval for construction or occupancy of the replacement housing unless and until such compliance is achieved.

`(iv) ENFORCEMENT BY ATTORNEY GENERAL- Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this paragraph or paragraph (5), the Attorney General may commence a civil action in any appropriate United States district court.

`(v) RELIEF- In any civil action brought under clause (iv), if the court finds that a violation of this paragraph or paragraph (5) has occurred or is about to occur, the court may grant any equitable relief that the court considers to be appropriate, including temporary, preliminary, or permanent relief.

`(7) DEFINITIONS- In this subsection, the following definitions apply:

`(A) APPROPRIATE STATE OR LOCAL AGENCY- The term `appropriate State or local agency' means 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.

`(B) INDIVIDUAL WITH A DISABILITY- The term `individual with a disability' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).'.

END