II 

116TH CONGRESS 

1ST SESSION S. 2291 

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 SENATE OF THE UNITED STATES 

JULY 25, 2019 

Ms. DUCKWORTH introduced the following bill; which was read twice and 

referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To require all newly constructed, federally assisted, singlefamily houses and town houses to meet minimum standards of visitability for persons with disabilities. 

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 ‘‘Eleanor Smith Inclu5 sive Home Design Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 As used in this Act: 


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1 (1) COVERED DWELLING UNIT.—The term 

2 ‘‘covered dwelling unit’’ means a dwelling unit 

3 that— 

4 (A) is— 

5 (i) a detached single-family house; 

6 (ii) a townhouse or multi-level dwell7 ing unit (whether detached or attached to 

8 other units or structures); or 

9 (iii) a ground-floor unit in a building 

10 of not more than 3 dwelling units; 

11 (B) is designed as, or intended for occu12 pancy as, a residence; 

13 (C) was designed, constructed, or commis14 sioned, contracted, or otherwise arranged for 

15 construction, by any person or entity that, at 

16 any time before the design or construction, re17 ceived or was guaranteed Federal financial as18 sistance for any program or activity relating to 

19 the design, construction, or commissioning, con20 tracting, or other arrangement for construction, 

21 of the dwelling unit; and 

22 (D) is made available for first occupancy 

23 on or after the date that is 1 year after the 

24 date of enactment of this Act. 


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1 (2) FEDERAL FINANCIAL ASSISTANCE.—The 

2 term ‘‘Federal financial assistance’’ means— 

3 (A) any assistance that is provided or oth4 erwise made available by the Secretary of Hous5 ing and Urban Development or the Secretary of 

6 Veterans Affairs, or under any program or ac7 tivity of the Department of Housing and Urban 

8 Development or the Department of Veterans 

9 Affairs, through any grant, loan, contract, or 

10 any other arrangement, on or after the date 

11 that is 1 year after the date of enactment of 

12 this Act, including— 

13 (i) a grant, a subsidy, or any other 

14 funds; 

15 (ii) service provided by a Federal em16 ployee; 

17 (iii) real or personal property or any 

18 interest in or use of such property, includ19 ing— 

20 (I) a transfer or lease of the 

21 property for less than the fair market 

22 value or for reduced consideration; 

23 and 

24 (II) proceeds from a subsequent 

25 transfer or lease of the property if the 


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1 Federal share of the fair market value 

2 is not returned to the Federal Govern3 ment; 

4 (iv) any— 

5 (I) tax credit; or 

6 (II) mortgage or loan guarantee 

7 or insurance; and 

8 (v) community development funds in 

9 the form of an obligation guaranteed under 

10 section 108 of the Housing and Commu11 nity Development Act of 1974 (42 U.S.C. 

12 5308); and 

13 (B) any assistance that is provided or oth14 erwise made available by the Secretary of Agri15 culture under title V of the Housing Act of 

16 1949 (42 U.S.C. 1471 et seq.). 

17 (3) PERSON OR ENTITY.—The term ‘‘person or 

18 entity’’ includes an individual, corporation (including 

19 a not-for-profit corporation), partnership, associa20 tion, labor organization, legal representative, mutual 

21 corporation, joint-stock company, trust, unincor22 porated association, trustee, trustee in a case under 

23 title 11, United States Code, receiver, or fiduciary. 


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1 SEC. 3. VISITABILITY REQUIREMENT. 

2 It shall be unlawful for any person or entity, with 

3 respect to a covered dwelling unit designed, constructed, 

4 or commissioned, contracted, or otherwise arranged for 

5 construction, by the person or entity, to fail to ensure that 

6 the dwelling unit contains not less than 1 level that com7 plies with the Standards for Type C (Visitable) Units of 

8 the American National Standards Institute (commonly 

9 known as ‘‘ANSI’’) Standards for Accessible and Usable 

10 Buildings and Facilities (section 1005 of ICC ANSI 

11 A117.1–2009) or any successor standard. 

12 SEC. 4. ENFORCEMENT. 

13 (a) REQUIREMENT FOR FEDERAL FINANCIAL AS14 SISTANCE.—An applicant for Federal financial assistance 

15 shall submit an assurance to the Federal agency respon16 sible for the assistance that each program or activity of 

17 the applicant will be conducted in compliance with this 

18 Act. 

19 (b) APPROVAL OF ARCHITECTURAL, INTERIOR DE20 SIGN, AND CONSTRUCTION PLANS.— 

21 (1) SUBMISSION.— 

22 (A) IN GENERAL.—An applicant for or re23 cipient of Federal financial assistance for the 

24 design, construction, or commissioning, con25 tracting, or other arrangement for construction, 

26 of a covered dwelling unit shall submit for apVerDate Sep 11 2014 23:45 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2291.IS S2291

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1 proval the architectural, interior design, and 

2 construction plans for the unit to the State or 

3 local department or agency that is responsible, 

4 under applicable State or local law, for the re5 view and approval of construction and design 

6 plans for compliance with generally applicable 

7 building codes or requirements (in this sub8 section referred to as the ‘‘appropriate State or 

9 local agency’’). 

10 (B) NOTICE INCLUDED.—In submitting 

11 plans under subparagraph (A), a person or enti12 ty shall include notice that the person or entity 

13 has applied for or received Federal financial as14 sistance, as defined in this Act, with respect to 

15 the covered dwelling unit. 

16 (2) DETERMINATION OF COMPLIANCE.— 

17 (A) CONDITION OF FEDERAL HOUSING AS18 SISTANCE.—The Secretary of Housing and 

19 Urban Development, the Secretary of Agri20 culture, and the Secretary of Veterans Affairs 

21 may not provide any Federal financial assist22 ance under any program administered by the 

23 Secretary involved to a State or unit of general 

24 local government (or any agency thereof) unless 

25 the appropriate State or local agency thereof is, 


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1 in the determination of the Secretary involved, 

2 taking the enforcement actions under subpara3 graph (B). 

4 (B) ENFORCEMENT ACTIONS.—The en5 forcement actions under this subparagraph 

6 are— 

7 (i) reviewing any plans for a covered 

8 dwelling unit submitted under paragraph 

9 (1) and approving or disapproving the 

10 plans based on compliance of the dwelling 

11 unit with the requirements of this Act; and 

12 (ii) consistent with applicable State or 

13 local laws and procedures, withholding 

14 final approval of construction or occupancy 

15 of a covered dwelling unit unless and until 

16 the appropriate State or local agency de17 termines compliance as described in clause 

18 (i). 

19 (c) CIVIL ACTION FOR PRIVATE PERSONS.— 

20 (1) ACTION.—Not later than 2 years after the 

21 occurrence or termination, whichever is later, of an 

22 act or omission with respect to a covered dwelling 

23 unit in violation of this Act, a person aggrieved by 

24 the act or omission may bring a civil action in an 

25 appropriate district court of the United States or 


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1 State court against any person or entity responsible 

2 for any part of the design or construction of the cov3 ered dwelling unit, subject to paragraph (2). 

4 (2) LIABILITY OF STATE OR LOCAL AGENCY.— 

5 In a civil action brought under paragraph (1) for a 

6 violation involving architectural or construction 

7 plans for a covered dwelling unit that were approved 

8 by the appropriate State or local agency— 

9 (A) if the approved plans violate this Act 

10 and any construction on the dwelling unit that 

11 violates this Act was performed in accordance 

12 with the approved plans, the State or local 

13 agency shall be liable for that construction; and 

14 (B) if the approved plans comply with this 

15 Act and any construction on the dwelling unit 

16 violates this Act, the person or entity respon17 sible for the construction shall be liable for that 

18 construction. 

19 (d) ENFORCEMENT BY ATTORNEY GENERAL.— 

20 (1) CIVIL ACTION.—If the Attorney General has 

21 reasonable cause to believe that a person or group 

22 of persons has violated this Act, the Attorney Gen23 eral may bring a civil action in an appropriate dis24 trict court of the United States. 


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1 (2) INTERVENTION IN PRIVATE ACTION.—The 

2 Attorney General may, upon timely application, in3 tervene in any civil action brought under subsection 

4 (c) by a private person if the Attorney General cer5 tifies that the case is of general public importance. 

6 (e) RELIEF.—In any civil action brought under this 

7 section, if the court finds that a violation of this Act has 

8 occurred or is about to occur, the court— 

9 (1) may award to the plaintiff actual and puni10 tive damages; and 

11 (2) subject to subsection (g), may grant as re12 lief, as the court finds appropriate, any permanent 

13 or temporary injunction, temporary restraining 

14 order, or other order (including an order enjoining 

15 the defendant from violating the Act or ordering 

16 such affirmative action as may be appropriate). 

17 (f) VIOLATIONS.—For purposes of this section, a vio18 lation involving a covered dwelling unit that is not de19 signed or constructed in accordance with this Act shall not 

20 be considered to terminate until the violation is corrected. 

21 (g) ATTORNEY’S FEES.—In any civil action brought 

22 under this section, the court, in its discretion, may allow 

23 the prevailing party, other than the United States, a rea24 sonable attorney’s fee and costs. 


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1 (h) EFFECT ON CERTAIN SALES, ENCUMBRANCES, 

2 AND RENTALS.—Relief granted under this section shall 

3 not affect any contract, sale, encumbrance, or lease con4 summated before the granting of the relief and involving 

5 a bona fide purchaser, encumbrancer, or tenant, without 

6 actual notice of a civil action under this section. 

7 SEC. 5. EFFECT ON STATE LAWS. 

8 Nothing in this Act shall be constructed to invalidate 

9 or limit any law of a State or political subdivision of a 

10 State, or of any other jurisdiction in which this Act shall 

11 be effective, that grants, guarantees, or provides the same 

12 rights, protections, and requirements as are provided by 

13 this Act, but any law of a State, a political subdivision 

14 thereof, or other such jurisdiction that purports to require 

15 or permit any action that would violate this Act shall to 

16 that extent be invalid. 

17 SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER 

18 ACTS. 

19 Nothing in this Act shall limit any right, procedure, 

20 or remedy available under the Constitution of the United 

21 States or any other Act of Congress. 

22 SEC. 7. SEVERABILITY OF PROVISIONS. 

23 If any provision of this Act or the application thereof 

24 to any person or circumstance is held invalid, the remain25 ing provisions of this Act and the application of those proVerDate Sep 11 2014 23:45 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2291.IS S2291

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1 visions to other persons or circumstances shall not be af2 fected thereby. 

Æ 


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