I 

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 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Emergency Prepared3 ness and Response for Individuals With Disabilities Act 

4 of 2006’’. 

5 TITLE I—EMERGENCY PLAN6 NING AND RESPONSE FOR IN7 DIVIDUALS WITH DISABIL8 ITIES 

9 SEC. 101. DEFINITIONS. 

10 (a) IN GENERAL.—Section 506 of the Homeland Se11 curity Act of 2002 (6 U.S.C. 316) is amended— 

12 (1) in the section heading by striking ‘‘DEFINI13 TION’’ and inserting ‘‘DEFINITIONS’’; 

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

15 subparagraphs (A) and (B), respectively, and re16 aligning the margin as appropriate; and 

17 (3) by striking ‘‘, the term’’ and inserting the 

18 following: ‘‘— 

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

20 the meaning given the term in section 3 of the 

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

22 12102); and 

23 ‘‘(2) the term’’. 

24 (b) CONFORMING AMENDMENT.—The table of con25 tents contained in section 1(b) of such Act (116 Stat. 
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1 2135) is amended by striking the item relating to section 

2 506 and inserting the following: 

‘‘Sec. 506. Definitions.’’. 

3 SEC. 102. DISABILITY COORDINATOR. 

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

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

6 at the end the following: 

7 ‘‘SEC. 512. DISABILITY COORDINATOR. 

8 ‘‘(a) IN GENERAL.—After consultation with organi9 zations representing individuals with disabilities and the 

10 Interagency Coordinating Council on Emergency Pre11 paredness and Individuals with Disabilities established 

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

13 Secretary shall appoint a Disability Coordinator. The Dis14 ability Coordinator shall report directly to the Secretary, 

15 in order to ensure that the needs of individuals with dis16 abilities are being properly addressed in emergency pre17 paredness and disaster relief. 

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

19 shall be responsible for— 

20 ‘‘(1) providing guidance and coordination on 

21 matters related to individuals with disabilities in 

22 emergency planning requirements and relief efforts 

23 in the event of a major disaster; 

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

25 the Interagency Coordinating Council on Emergency 
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1 Preparedness and Individuals with Disabilities estab2 lished under Executive Order No. 13347 (6 U.S.C. 

3 312 note), other agencies of the Federal Govern4 ment, and State and local government authorities re5 garding the needs of individuals with disabilities in 

6 emergency planning requirements and relief efforts 

7 in the event of a major disaster; 

8 ‘‘(3) consulting with organizations that rep9 resent the interests and rights of individuals with 

10 disabilities about the needs of individuals with dis11 abilities in emergency planning requirements and re12 lief efforts in the event of a major disaster; 

13 ‘‘(4) coordinating and disseminating best prac14 tices and model evacuation plans for individuals with 

15 disabilities; 

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

17 training on the needs of individuals with disabilities, 

18 including the needs of individuals with physical dis19 abilities and the needs of individuals with psychiatric 

20 disabilities; 

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

22 local governmental officials, first responders, and 

23 others about the importance of allowing individuals 

24 with disabilities to retain their durable medical 

25 equipment, wheelchairs, service animals, and other 
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1 assistive devices, to the maximum extent possible, in 

2 the aftermath of a major disaster; 

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

4 for Medicare and Medicaid Services, durable medical 

5 equipment regional carriers, manufacturers and sup6 pliers of durable medical equipment, and medical 

7 professionals to draft an emergency response plan 

8 for the temporary loan or replacement of durable 

9 medical equipment in the event of a major disaster; 

10 ‘‘(8) ensuring the accessibility of telephone hot11 lines and websites regarding emergency prepared12 ness, evacuations, and disaster relief; 

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

14 Communications Commission to ensure that video 

15 programming distributors, including broadcasters, 

16 cable operators, and satellite television services, 

17 make emergency information accessible to individ18 uals with hearing and vision disabilities; 

19 ‘‘(10) coordinating the availability of accessible 

20 transportation options for individuals with disabil21 ities in the event of an evacuation; 

22 ‘‘(11) providing guidance and implementing 

23 policies to ensure that the rights and wishes of indi24 viduals with disabilities regarding post-evacuation 

25 residency and relocation are respected; 
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1 ‘‘(12) ensuring that meeting the needs of indi2 viduals with disabilities are included in any Federal 

3 emergency response plans; and 

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

5 preparedness and response for individuals with dis6 abilities.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

9 seq.) is amended— 

10 (1) by redesignating the second section des11 ignated as section 510 as section 511; and 

12 (2) in the table of contents by inserting after 

13 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.’’. 

14 SEC. 103. TEMPORARY HOUSING. 

15 Section 408(c)(1)(B) of the Robert T. Stafford Dis16 aster Relief and Emergency Assistance Act (42 U.S.C. 

17 5174(c)(1)(B)) is amended— 

18 (1) by redesignating clauses (ii) and (iii) as 

19 clauses (iii) and (iv), respectively; and 

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

21 ‘‘(ii) ACCESSIBLE TEMPORARY HOUS22 ING.—In the event temporary housing 

23 units, including trailers, are provided 
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1 under clause (i), not less than 30 percent 

2 of such temporary housing shall be phys3 ically accessible to and usable by individ4 uals with disabilities, and the accessible 

5 units shall be integrated with other avail6 able housing units.’’. 

7 SEC. 104. RIGHT OF INDIVIDUALS WITH DISABILITIES TO 

8 LIVE INDEPENDENTLY. 

9 Section 308 of the Robert T. Stafford Disaster Relief 

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

11 amended by adding at the end the following: 

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

13 carrying out Federal assistance functions under sub14 section (a) and governmental bodies and other organiza15 tions providing assistance under subsection (b) shall exert 

16 maximum effort to ensure that individuals with disabilities 

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

18 Act of 1990 (42 U.S.C. 12102)) who were living independ19 ently before evacuating their homes due to a major dis20 aster or emergency are offered housing alternatives with 

21 comparable independence.’’. 

22 SEC. 105. GAO STUDY ON ACCESSIBILITY OF EMERGENCY 

23 SHELTERS. 

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

25 United States shall conduct a national study regarding 
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1 whether, and, if so, to what extent, emergency shelters for 

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

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

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

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

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

7 date of enactment of this Act, the Comptroller General 

8 shall submit a report summarizing the results of this study 

9 to the Committee on Homeland Security and Govern10 mental Affairs and the Committee on Health, Education, 

11 Labor, and Pensions of the Senate and the Committee on 

12 Homeland Security and the Committee on Education and 

13 the Workforce of the House of Representatives. 

14 TITLE II—INCREASING ACCESSI15 BILITY OF REPLACEMENT 

16 HOUSING 

17 SEC. 201. AMOUNT OF ASSISTANCE AVAILABLE. 

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

19 T. Stafford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5174(c)(3)) is amended by adding at the end 

21 the following: 

22 ‘‘(D) ADDITIONAL ASSISTANCE FOR EN23 HANCED ACCESSIBILITY.—The maximum 

24 amount of assistance provided to a household 

25 under this paragraph may be increased by 
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1 $5,000 if the owner of the residence involved 

2 agrees to comply with the increased accessibility 

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

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

5 Robert T. Stafford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5174(h)(1)) is amended by striking 

7 ‘‘$25,000’’ and inserting ‘‘$30,000’’. 

8 (c) SMALL BUSINESSES.—Section 7(b) of the Small 

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

10 immediately after paragraph (3) the following: 

11 ‘‘(4) ACCESSIBILITY OF REPLACEMENT HOUS12 ING.—Notwithstanding any other provision of law, 

13 the Administrator may increase the maximum 

14 amount of a loan under this subsection by not more 

15 than 10 percent if— 

16 ‘‘(A) the loan is for replacement of a pri17 vate residence; and 

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

19 increased accessibility standards described in 

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

21 T. Stafford Disaster Relief and Emergency As22 sistance Act (42 U.S.C. 5174(c)).’’. 

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

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

25 undesignated matter at the end— 
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1 (1) in the sentence beginning ‘‘In the Adminis2 tration of the disaster loan program’’ by striking ‘‘, 

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

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

5 made on or prior to July 1, 1979’’ by striking ‘‘, (2), 

6 or (4)’’ and inserting ‘‘or (2)’’. 

7 SEC. 202. ACCESSIBILITY STANDARDS. 

8 Section 408(c) of the Robert T. Stafford Disaster Re9 lief and Emergency Assistance Act (42 U.S.C. 5174(c)) 

10 is amended by adding at the end the following: 

11 ‘‘(5) INCREASED ACCESSIBILITY STANDARDS

12 FOR REPLACEMENT HOUSING.— 

13 ‘‘(A) IN GENERAL.—The increased accessi14 bility standards described in this paragraph in15 clude features that allow a residence to be ac16 cessible to, and usable by, an individual with a 

17 disability (including a person who uses a wheel18 chair). 

19 ‘‘(B) MINIMUM REQUIREMENTS.—The ac20 cessible features described in this paragraph in21 clude, at a minimum— 

22 ‘‘(i) an accessible pathway from out23 side of the residence to an accessible en24 trance; 

25 ‘‘(ii) an accessible entrance; 
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1 ‘‘(iii) an accessible pathway that con2 nects the accessible entrance to the acces3 sible features within the residence; 

4 ‘‘(iv) accessible interior doors; 

5 ‘‘(v) accessible environmental controls; 

6 ‘‘(vi) an accessible sleeping area; 

7 ‘‘(vii) an accessible bathing area; 

8 ‘‘(viii) an accessible bathroom that in9 cludes an accessible toileting area; 

10 ‘‘(ix) an accessible kitchen; and 

11 ‘‘(x) accessible living space. 

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

13 features described in subparagraph (B) shall ei14 ther be located on 1 level of the residence or 

15 connected to each other in a manner that allows 

16 their independent use by an individual with a 

17 disability (including a person who uses a wheel18 chair). 

19 ‘‘(D) STANDARDS.— 

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

21 months after the date of enactment of this 

22 paragraph, the Architectural and Trans23 portation Barriers Compliance Board shall 

24 issue and publish standards setting forth 

25 the minimum technical criteria necessary 
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1 to implement the requirements set forth in 

2 this paragraph. The Architectural and 

3 Transportation Barriers Compliance Board 

4 shall periodically review and, as appro5 priate, amend the standards. 

6 ‘‘(ii) INTERIM STANDARDS.—If a 

7 State or locality has an ordinance, statute, 

8 or regulation that provides for increased 

9 housing accessibility standards comparable 

10 to those in subparagraph (B), residents of 

11 that State or locality who agree to meet 

12 the standards shall be eligible for the in13 creased funds available under paragraph 

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

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

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

17 the Architectural and Transportation Bar18 riers Compliance Board issues and pub19 lishes its standards under clause (i). 

20 ‘‘(6) ENFORCEMENT OF ACCESSIBILITY STAND21 ARDS.— 

22 ‘‘(A) REQUIREMENT FOR ADDITIONAL AS23 SISTANCE FOR ENHANCED ACCESSIBILITY.— 

24 Each applicant for additional assistance for en25 hanced accessibility under paragraph (3)(D) of 
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1 this subsection or section 7(b)(4) of the Small 

2 Business Act shall submit an assurance to the 

3 Federal Emergency Management Agency that 

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

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

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

7 in this paragraph as ‘replacement housing’), 

8 shall be constructed in compliance with the in9 creased accessibility standards described in 

10 paragraph (5). 

11 ‘‘(B) APPROVAL OF ARCHITECTURAL AND

12 CONSTRUCTION PLANS.— 

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

14 additional assistance for enhanced accessi15 bility under paragraph (3)(D) of this sub16 section or section 7(b)(4) of the Small 

17 Business Act shall submit architectural 

18 and construction plans for the proposed re19 placement housing to the appropriate State 

20 or local agency. 

21 ‘‘(ii) FEDERAL HOUSING ASSIST22 ANCE.—The Secretary of Homeland Secu23 rity and the Director of the Federal Emer24 gency Management Agency shall not pro25 vide any financial assistance under this Act 
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1 to a State or unit of general local govern2 ment (or any agency thereof) unless the 

3 appropriate State or local agency is, in the 

4 determination of such Secretary or Direc5 tor, taking the enforcement actions de6 scribed in clause (iii). 

7 ‘‘(iii) ENFORCEMENT ACTIONS.—The 

8 enforcement actions described in this 

9 clause are— 

10 ‘‘(I) reviewing any plans for pro11 posed replacement housing submitted 

12 under clause (i) and approving or dis13 approving such plans based upon com14 pliance of the replacement housing 

15 with the requirements of paragraph 

16 (5); and 

17 ‘‘(II) consistent with applicable 

18 State or local laws and procedures, 

19 withholding final approval for con20 struction or occupancy of the replace21 ment housing unless and until such 

22 compliance is achieved. 

23 ‘‘(iv) ENFORCEMENT BY ATTORNEY

24 GENERAL.—Whenever the Attorney Gen25 eral has reasonable cause to believe that 
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1 any person or group of persons has vio2 lated this paragraph or paragraph (5), the 

3 Attorney General may commence a civil ac4 tion in any appropriate United States dis5 trict court. 

6 ‘‘(v) RELIEF.—In any civil action 

7 brought under clause (iv), if the court 

8 finds that a violation of this paragraph or 

9 paragraph (5) has occurred or is about to 

10 occur, the court may grant any equitable 

11 relief that the court considers to be appro12 priate, including temporary, preliminary, 

13 or permanent relief. 

14 ‘‘(7) DEFINITIONS.—In this subsection, the fol15 lowing definitions apply: 

16 ‘‘(A) APPROPRIATE STATE OR LOCAL

17 AGENCY.—The term ‘appropriate State or local 

18 agency’ means the State or local department or 

19 agency that is responsible, under applicable 

20 State or local law, for the review and approval 

21 of construction plans for compliance with gen22 erally applicable building codes or requirements. 

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

24 The term ‘individual with a disability’ has the 

25 meaning given the term in section 3 of the 
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1 Americans with Disabilities Act of 1990 (42 

2 U.S.C. 12102).’’. 

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