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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Small Business, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To address the needs of individuals with disabilities in emer-
gency 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Prepared-
ness and Response for Individuals With Disabilities Act 
of 2006’’. 
TITLE 
I—EMERGENCY 
PLAN-
NING AND RESPONSE FOR IN-
DIVIDUALS 
WITH 
DISABIL-
ITIES 
SEC. 101. DEFINITIONS. 
(a) IN GENERAL.—Section 506 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 316) is amended— 
(1) in the section heading by striking ‘‘DEFINI-
TION’’ and inserting ‘‘DEFINITIONS’’; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and re-
aligning 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 con-
tents 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 organi-
zations representing individuals with disabilities and the 
Interagency Coordinating Council on Emergency Pre-
paredness and Individuals with Disabilities established 
under Executive Order 13347 (6 U.S.C. 312 note), the 
Secretary shall appoint a Disability Coordinator. The Dis-
ability Coordinator shall report directly to the Secretary, 
in order to ensure that the needs of individuals with dis-
abilities are being properly addressed in emergency pre-
paredness 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 estab-
lished under Executive Order No. 13347 (6 U.S.C. 
312 note), other agencies of the Federal Govern-
ment, and State and local government authorities re-
garding 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 rep-
resent the interests and rights of individuals with 
disabilities about the needs of individuals with dis-
abilities in emergency planning requirements and re-
lief efforts in the event of a major disaster; 
‘‘(4) coordinating and disseminating best prac-
tices 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 dis-
abilities 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 sup-
pliers 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 hot-
lines and websites regarding emergency prepared-
ness, 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 individ-
uals with hearing and vision disabilities; 
‘‘(10) coordinating the availability of accessible 
transportation options for individuals with disabil-
ities in the event of an evacuation; 
‘‘(11) providing guidance and implementing 
policies to ensure that the rights and wishes of indi-
viduals with disabilities regarding post-evacuation 
residency and relocation are respected;
‘‘(12) ensuring that meeting the needs of indi-
viduals with disabilities are included in any Federal 
emergency response plans; and 
‘‘(13) any other duties relevant to emergency 
preparedness and response for individuals with dis-
abilities.’’. 
(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 des-
ignated 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 Na-
tional 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 Dis-
aster 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 HOUS-
ING.—In the event temporary housing 
units, including trailers, are provided
under clause (i), not less than 30 percent 
of such temporary housing shall be phys-
ically accessible to and usable by individ-
uals with disabilities, and the accessible 
units shall be integrated with other avail-
able 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 sub-
section (a) and governmental bodies and other organiza-
tions 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 independ-
ently before evacuating their homes due to a major dis-
aster 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 Govern-
mental 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 ACCESSI-
BILITY 
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
EN-
HANCED
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 Assist-
ance 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 HOUS-
ING.—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 pri-
vate 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 As-
sistance 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 Adminis-
tration 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 Re-
lief 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 accessi-
bility standards described in this paragraph in-
clude features that allow a residence to be ac-
cessible to, and usable by, an individual with a 
disability (including a person who uses a wheel-
chair). 
‘‘(B) MINIMUM REQUIREMENTS.—The ac-
cessible features described in this paragraph in-
clude, at a minimum— 
‘‘(i) an accessible pathway from out-
side of the residence to an accessible en-
trance; 
‘‘(ii) an accessible entrance;
‘‘(iii) an accessible pathway that con-
nects the accessible entrance to the acces-
sible 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 in-
cludes an accessible toileting area; 
‘‘(ix) an accessible kitchen; and 
‘‘(x) accessible living space. 
‘‘(C) LOCATION.—The interior accessible 
features described in subparagraph (B) shall ei-
ther 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 wheel-
chair). 
‘‘(D) STANDARDS.— 
‘‘(i) IN GENERAL.—Not later than 12 
months after the date of enactment of this 
paragraph, the Architectural and Trans-
portation 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 appro-
priate, 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 in-
creased 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 Bar-
riers Compliance Board issues and pub-
lishes its standards under clause (i). 
‘‘(6) ENFORCEMENT OF ACCESSIBILITY STAND-
ARDS.— 
‘‘(A) REQUIREMENT FOR ADDITIONAL AS-
SISTANCE
FOR
ENHANCED
ACCESSIBILITY.— 
Each applicant for additional assistance for en-
hanced 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 in-
creased accessibility standards described in 
paragraph (5). 
‘‘(B) APPROVAL OF ARCHITECTURAL AND 
CONSTRUCTION PLANS.— 
‘‘(i) SUBMISSION.—Each applicant for 
additional assistance for enhanced accessi-
bility under paragraph (3)(D) of this sub-
section or section 7(b)(4) of the Small 
Business Act shall submit architectural 
and construction plans for the proposed re-
placement housing to the appropriate State 
or local agency. 
‘‘(ii) 
FEDERAL
HOUSING
ASSIST-
ANCE.—The Secretary of Homeland Secu-
rity and the Director of the Federal Emer-
gency Management Agency shall not pro-
vide any financial assistance under this Act
to a State or unit of general local govern-
ment (or any agency thereof) unless the 
appropriate State or local agency is, in the 
determination of such Secretary or Direc-
tor, taking the enforcement actions de-
scribed in clause (iii). 
‘‘(iii) ENFORCEMENT
ACTIONS.—The 
enforcement actions described in this 
clause are— 
‘‘(I) reviewing any plans for pro-
posed replacement housing submitted 
under clause (i) and approving or dis-
approving such plans based upon com-
pliance 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 con-
struction or occupancy of the replace-
ment housing unless and until such 
compliance is achieved. 
‘‘(iv) ENFORCEMENT
BY
ATTORNEY 
GENERAL.—Whenever the Attorney Gen-
eral has reasonable cause to believe that
any person or group of persons has vio-
lated this paragraph or paragraph (5), the 
Attorney General may commence a civil ac-
tion in any appropriate United States dis-
trict 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 appro-
priate, including temporary, preliminary, 
or permanent relief. 
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing 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 gen-
erally 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).’’. 
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