II 

109TH CONGRESS 

1ST SESSION S. 2124 

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 SENATE OF THE UNITED STATES 

DECEMBER 16, 2005 

Mr. HARKIN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Prepared5 ness and Response for Individuals With Disabilities Act 

6 of 2005’’. 
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1 TITLE I—EMERGENCY PLAN2 NING AND RESPONSE FOR IN3 DIVIDUALS WITH DISABIL4 ITIES 

5 SEC. 101. DEFINITION. 

6 Section 506 of the Homeland Security Act of 2002 

7 (6 U.S.C. 316) is amended— 

8 (1) by redesignating paragraphs (1) and (2) as 

9 subparagraphs (A) and (B), respectively, and re10 aligning the margin as appropriate; and 

11 (2) by striking ‘‘, the term’’ and inserting the 

12 following: ‘‘— 

13 ‘‘(1) the term ‘individual with a disability’ has 

14 the meaning given the term in section 3 of the 

15 Americans with Disabilities Act of 1990 (42 U.S.C. 

16 12102); and 

17 ‘‘(2) the term’’. 

18 SEC. 102. DISABILITY COORDINATOR. 

19 (a) IN GENERAL.—Title V of the Homeland Security 

20 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

21 at the end the following: 

22 ‘‘SEC. 512. DISABILITY COORDINATOR. 

23 ‘‘(a) IN GENERAL.—After consultation with organi24 zations representing individuals with disabilities and the 

25 Interagency Coordinating Council on Emergency Pre-
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1 paredness and Individuals with Disabilities established 

2 under Executive Order 13347 (6 U.S.C. 312 note), the 

3 Secretary shall appoint a Disability Coordinator. The Dis4 ability Coordinator shall report directly to the Secretary, 

5 in order to ensure that the needs of individuals with dis6 abilities are being properly addressed in emergency pre7 paredness and disaster relief. 

8 ‘‘(b) RESPONSIBILITIES.—The Disability Coordinator 

9 shall be responsible for— 

10 ‘‘(1) providing guidance and coordination on 

11 matters related to individuals with disabilities in 

12 emergency planning requirements and relief efforts 

13 in the event of a major disaster; 

14 ‘‘(2) interacting directly with Department staff, 

15 the Interagency Coordinating Council on Emergency 

16 Preparedness and Individuals with Disabilities estab17 lished under Executive Order No. 13347 (6 U.S.C. 

18 312 note), other agencies of the Federal Govern19 ment, and State and local government authorities re20 garding the needs of individuals with disabilities in 

21 emergency planning requirements and relief efforts 

22 in the event of a major disaster; 

23 ‘‘(3) consulting with organizations that rep24 resent the interests and rights of individuals with 

25 disabilities about the needs of individuals with dis-
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1 abilities in emergency planning requirements and re2 lief efforts in the event of a major disaster; 

3 ‘‘(4) coordinating and disseminating best prac4 tices and model evacuation plans for individuals with 

5 disabilities; 

6 ‘‘(5) developing a curriculum for first responder 

7 training on the needs of individuals with disabilities, 

8 including the needs of individuals with physical dis9 abilities and the needs of individuals with psychiatric 

10 disabilities; 

11 ‘‘(6) developing training materials for State and 

12 local governmental officials, first responders, and 

13 others about the importance of allowing individuals 

14 with disabilities to retain their durable medical 

15 equipment, wheelchairs, service animals, and other 

16 assistive devices, to the maximum extent possible, in 

17 the aftermath of a major disaster; 

18 ‘‘(7) working with the Director of the Centers 

19 for Medicare and Medicaid Services, durable medical 

20 equipment regional carriers, manufacturers and sup21 pliers of durable medical equipment, and medical 

22 professionals to draft an emergency response plan 

23 for the temporary loan or replacement of durable 

24 medical equipment in the event of a major disaster; 
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1 ‘‘(8) ensuring the accessibility of telephone hot2 lines and websites regarding emergency prepared3 ness, evacuations, and disaster relief; 

4 ‘‘(9) working with the Chairman of the Federal 

5 Communications Commission to ensure that video 

6 programming distributors, including broadcasters, 

7 cable operators, and satellite television services, 

8 make emergency information accessible to individ9 uals with hearing and vision disabilities; 

10 ‘‘(10) coordinating the availability of accessible 

11 transportation options for individuals with disabil12 ities in the event of an evacuation; 

13 ‘‘(11) providing guidance and implementing 

14 policies to ensure that the rights and wishes of indi15 viduals with disabilities regarding post-evacuation 

16 residency and relocation are respected; 

17 ‘‘(12) ensuring that meeting the needs of indi18 viduals with disabilities are included in any Federal 

19 emergency response plans; and 

20 ‘‘(13) any other duties relevant to emergency 

21 preparedness an response for individuals with dis22 abilities.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 The Homeland Security Act of 2002 (6 U.S.C. 101 et 

25 seq.) is amended— 
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1 (1) by redesignating the second section des2 ignated as section 510 as section 511; and 

3 (2) in the table of contents, by inserting after 

4 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.’’. 

5 SEC. 103. TEMPORARY HOUSING. 

6 Section 408(c)(1)(B) of the Robert T. Stafford Dis7 aster Relief and Emergency Assistance Act (42 U.S.C. 

8 5174(c)(1)(B)) is amended by— 

9 (1) redesignating clauses (ii) and (iii) as clauses 

10 (iii) and (iv) respectively; and 

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

12 ‘‘(ii) ACCESSIBLE TEMPORARY HOUS13 ING.—In the event temporary housing 

14 units, including trailers, are provided 

15 under clause (i), not less than 30 percent 

16 of such temporary housing shall be phys17 ically accessible to and usable by individ18 uals with disabilities, and the accessible 

19 units shall be integrated with other avail20 able housing units.’’. 
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1 SEC. 104. RIGHT OF INDIVIDUALS WITH DISABILITIES TO 

2 LIVE INDEPENDENTLY. 

3 Section 308 of the Robert T. Stafford Disaster Relief 

4 and Emergency Assistance Act (42 U.S.C. 5151) is 

5 amended by adding at the end the following: 

6 ‘‘(c) INDIVIDUALS WITH DISABILITIES.—Personnel 

7 carrying out Federal assistance functions under sub8 section (a) and governmental bodies and other organiza9 tions providing assistance under subsection (b) shall exert 

10 maximum effort to ensure that individuals with disabilities 

11 (as defined in section 3 of the Americans with Disabilities 

12 Act of 1990 (42 U.S.C. 12102)) who were living independ13 ently before evacuating their homes are offered housing 

14 alternatives with comparable independence.’’. 

15 SEC. 105. GAO STUDY ON ACCESSIBILITY OF EMERGENCY 

16 SHELTERS. 

17 (a) IN GENERAL.—The Comptroller General of the 

18 United States shall conduct a national study regarding 

19 whether, and, if so, to what extent, emergency shelters for 

20 use in response to a major disaster, as that term is defined 

21 in section 102(2) of the Robert T. Stafford Disaster Relief 

22 and Emergency Assistance Act (42 U.S.C. 5122(2)) are 

23 accessible to, and usable by, individuals with disabilities. 

24 (b) REPORT.—Not later than 12 months after the 

25 date of enactment of this Act, the Comptroller General 

26 of the United States shall submit a report summarizing 
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1 the results of this study to the Committee on Homeland 

2 Security and Governmental Affairs and the Committee on 

3 Health, Education, Labor, and Pensions of the Senate and 

4 the Committee on Homeland Security and the Committee 

5 on Education and the Workforce of the House of Rep6 resentatives. 

7 TITLE II—INCREASING ACCESSI8 BILITY OF REPLACEMENT 

9 HOUSING 

10 SEC. 201. AMOUNT OF ASSISTANCE AVAILABLE. 

11 (a) IN GENERAL.—Section 408(c)(3) of the Robert 

12 T. Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5174(c)(3)) is amended by adding at the end 

14 the following: 

15 ‘‘(D) ADDITIONAL ASSISTANCE FOR EN16 HANCED ACCESSIBILITY.—The maximum 

17 amount of assistance provided to a household 

18 under this paragraph may be increased by 

19 $5,000 if the owner of the residence involved 

20 agrees to comply with the increased accessibility 

21 standards described in paragraph (5).’’. 

22 (b) MAXIMUM AMOUNTS.—Section 408(h)(1) of the 

23 Robert T. Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5174(h)(1)) is amended by striking 

25 ‘‘$25,000’’ and inserting ‘‘$30,000’’. 
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1 (c) SMALL BUSINESSES.—Section 7(b) of the Small 

2 Business Act (15 U.S.C. 636(b)) is amended by inserting 

3 immediately after paragraph (3) the following: 

4 ‘‘(4) ACCESSIBILITY OF REPLACEMENT HOUS5 ING.—Notwithstanding any other provision of law, 

6 the Administrator may increase the maximum 

7 amount of a loan under this subsection by not more 

8 than 10 percent if— 

9 ‘‘(A) the loan is for replacement of a pri10 vate residence; and 

11 ‘‘(B) the owner agrees to comply with the 

12 increased accessibility standards described in 

13 paragraph (5) of section 408(c) of the Robert 

14 T. Stafford Disaster Relief and Emergency As15 sistance Act (42 U.S.C. 5174(c)).’’. 

16 (d) CLERICAL AMENDMENTS.—Section 7(b) of the 

17 Small Business Act (15 U.S.C. 636(b)) is amended in the 

18 undesignated matter at the end— 

19 (1) in the sentence beginning ‘‘In the Adminis20 tration of the disaster loan program’’, by striking ‘‘, 

21 (2), and (4)’’ and inserting ‘‘and (2)’’; and 

22 (2) in the sentence beginning ‘‘A State grant 

23 made on or prior to July 1, 1979’’, by striking ‘‘, 

24 (2), or (4)’’ and inserting ‘‘or (2)’’. 
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1 SEC. 202. ACCESSIBILITY STANDARDS. 

2 Section 408(c) of the Robert T. Stafford Disaster Re3 lief and Emergency Assistance Act (42 U.S.C. 5174(c)) 

4 is amended by adding at the end the following: 

5 ‘‘(5) INCREASED ACCESSIBILITY STANDARDS

6 FOR REPLACEMENT HOUSING.— 

7 ‘‘(A) IN GENERAL.—The increased accessi8 bility standards described in this paragraph in9 clude features that allow a residence to be ac10 cessible to, and usable by, an individual with a 

11 disability (including a person who uses a wheel12 chair). 

13 ‘‘(B) MINIMUM REQUIREMENTS.—The ac14 cessible features described in this paragraph in15 clude, at a minimum— 

16 ‘‘(i) an accessible pathway from out17 side of the residence to an accessible en18 trance; 

19 ‘‘(ii) an accessible entrance; 

20 ‘‘(iii) an accessible pathway that con21 nects the accessible entrance to the acces22 sible features within the residence; 

23 ‘‘(iv) accessible interior doors; 

24 ‘‘(v) accessible environmental controls; 

25 ‘‘(vi) an accessible sleeping area; 

26 ‘‘(vii) an accessible bathing area; 
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1 ‘‘(viii) an accessible bathroom that in2 cludes an accessible toileting area; 

3 ‘‘(ix) an accessible kitchen; and 

4 ‘‘(x) accessible living space. 

5 ‘‘(C) LOCATION.—The interior accessible 

6 features described in subparagraph (B) shall ei7 ther be located on 1 level of the residence or 

8 connected to each other in a manner that allows 

9 their independent use by an individual with a 

10 disability (including a person who uses a wheel11 chair). 

12 ‘‘(D) STANDARDS.— 

13 ‘‘(i) IN GENERAL.—Not later than 12 

14 months after the date of enactment of this 

15 paragraph, the Architectural and Trans16 portation Barriers Compliance Board shall 

17 issue and publish standards setting forth 

18 the minimum technical criteria necessary 

19 to implement the requirements set forth in 

20 this paragraph. The Architectural and 

21 Transportation Barriers Compliance Board 

22 shall periodically review and, as appro23 priate, amend the standards. 

24 ‘‘(ii) INTERIM STANDARDS.—If a 

25 State or locality has an ordinance, statute, 
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1 or regulation that provides for increased 

2 housing accessibility standards comparable 

3 to those in subparagraph (B), residents of 

4 that State or locality who agree to meet 

5 the standards shall be eligible for the in6 creased funds available under paragraph 

7 (3)(D) of this subsection and paragraph 

8 (4) of section 7(b) of the Small Business 

9 Act (15 U.S.C. 636(b)), until such time as 

10 the Architectural and Transportation Bar11 riers Compliance Board issues and pub12 lishes its standards under clause (i). 

13 ‘‘(6) ENFORCEMENT OF ACCESSIBILITY STAND14 ARDS.— 

15 ‘‘(A) REQUIREMENT FOR ADDITIONAL AS16 SISTANCE FOR ENHANCED ACCESSIBILITY.— 

17 Each applicant for additional assistance for en18 hanced accessibility under paragraph (3)(D) of 

19 this subsection or section 7(b)(4) of the Small 

20 Business Act shall submit an assurance to the 

21 Federal Emergency Management Agency that 

22 the residence described in paragraph (3)(D) of 

23 this subsection or section 7(b)(4) of the Small 

24 Business Act, as the case may be (referred to 

25 in this paragraph as ‘replacement housing’), 
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1 shall be constructed in compliance with the in2 creased accessibility standards described in 

3 paragraph (5). 

4 ‘‘(B) APPROVAL OF ARCHITECTURAL AND

5 CONSTRUCTION PLANS.— 

6 ‘‘(i) SUBMISSION.—Each applicant for 

7 additional assistance for enhanced accessi8 bility under paragraph (3)(D) of this sub9 section or section 7(b)(4) of the Small 

10 Business Act shall submit architectural 

11 and construction plans for the proposed re12 placement housing to the appropriate State 

13 or local agency. 

14 ‘‘(ii) FEDERAL HOUSING ASSIST15 ANCE.—The Secretary of Homeland Secu16 rity and the Director of the Federal Emer17 gency Management Agency shall not pro18 vide any financial assistance under this Act 

19 to a State or unit of general local govern20 ment (or any agency thereof) unless the 

21 appropriate State or local agency is, in the 

22 determination of such Secretary or Direc23 tor, taking the enforcement actions de24 scribed in clause (iii). 
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1 ‘‘(iii) ENFORCEMENT ACTIONS.—The 

2 enforcement actions described in this 

3 clause are— 

4 ‘‘(I) reviewing any plans for pro5 posed replacement housing submitted 

6 under clause (i) and approving or dis7 approving such plans based upon com8 pliance of the replacement housing 

9 with the requirements of paragraph 

10 (5); and 

11 ‘‘(II) consistent with applicable 

12 State or local laws and procedures, 

13 withholding final approval for con14 struction or occupancy of the replace15 ment housing unless and until such 

16 compliance is achieved. 

17 ‘‘(iv) ENFORCEMENT BY ATTORNEY

18 GENERAL.—Whenever the Attorney Gen19 eral has reasonable cause to believe that 

20 any person or group of persons has vio21 lated this paragraph or paragraph (5), the 

22 Attorney General may commence a civil ac23 tion in any appropriate United States dis24 trict court. 
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1 ‘‘(v) RELIEF.—In any civil action 

2 brought under clause (iv), if the court 

3 finds that a violation of this paragraph or 

4 paragraph (5) has occurred or is about to 

5 occur, the court may grant any equitable 

6 relief that the court considers to be appro7 priate, including temporary, preliminary, 

8 or permanent relief. 

9 ‘‘(7) DEFINITIONS.—In this subsection: 

10 ‘‘(A) APPROPRIATE STATE OR LOCAL

11 AGENCY.—The term ‘appropriate State or local 

12 agency’ means the State or local department or 

13 agency that is responsible, under applicable 

14 State or local law, for the review and approval 

15 of construction plans for compliance with gen16 erally applicable building codes or requirements. 

17 ‘‘(B) INDIVIDUAL WITH A DISABILITY.— 

18 The term ‘individual with a disability’ has the 

19 meaning given the term in section 3 of the 

20 Americans with Disabilities Act of 1990 (42 

21 U.S.C. 12102).’’. 

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