text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Eleanor Smith Inclusive Home Design 
  Act of 2013''.
  
  SEC. 2. DEFINITIONS.
  
      As used in this Act:
              (1) Covered dwelling unit.--The term ``covered dwelling 
          unit'' means a dwelling unit that--
                      (A) is a detached single family house, a townhouse 
                  or multi-level dwelling unit (whether detached or 
                  attached to other units or structures), or a ground-
                  floor unit in a building of three or fewer dwelling 
                  units;
                      (B) is designed as, or intended for occupancy as, a 
                  residence;
                      (C) was designed, constructed, or commissioned, 
                  contracted or otherwise arranged for construction, by 
                  any person or entity who, at any time before the design 
                  or construction, received or was guaranteed Federal 
                  financial assistance for any program or activity; and
                      (D) is made available for first occupancy after the 
                  expiration of the one-year period beginning on the date 
                  of the enactment of this Act.
              (2) Federal financial assistance.--The term ``Federal 
          financial assistance'' means--
                      (A) any assistance that is provided or otherwise 
                  made available by the Secretary of Housing and Urban 
                  Development or the Secretary of Veterans Affairs, or 
                  any program or activity or such agencies, through any 
                  grant, loan, contract, or any other arrangement, after 
                  the expiration of the one-year period beginning on the 
                  date of the enactment of this Act, including--
                              (i) grants, subsidies, or any other funds;
                              (ii) services of Federal personnel;
                              (iii) real or personal property or any 
                          interest in or use of such property, 
                          including--
                                      (I) transfers or leases of the 
                                  property for less than the fair market 
                                  value or for reduced consideration; and
                                      (II) proceeds from a subsequent 
                                  transfer or lease of the property if 
                                  the Federal share of its fair market 
                                  value is not returned to the Federal 
                                  Government;
                              (iv) any tax credit, mortgage or loan 
                          guarantee or insurance; and
                              (v) community development funds in the form 
                          of obligations guaranteed under section 108 of 
                          the Housing and Community Development Act of 
                          1974 (42 U.S.C. 5308); or
                      (B) any assistance that is provided or otherwise 
                  made available by the Secretary of Agriculture under 
                  title V of the Housing Act of 1949 (42 U.S.C. 1471 et 
                  seq.).
              (3) Person or entity.--The term ``person or entity'' 
          includes one or more individuals, corporations (including not-
          for-profit corporations), partnerships, associations, labor 
          organizations, legal representatives, mutual corporations, 
          joint-stock companies, trusts, unincorporated associations, 
          trustees, trustees in cases under title 11 of the United States 
          Code, receivers, and fiduciaries.
  
  SEC. 3. VISITABILITY REQUIREMENT.
  
      It shall be unlawful for any person referred to in section 2(1)(C) 
  with respect to a covered dwelling unit to fail to ensure that such 
  dwelling unit contains at least one level that complies with the 
  Standards for Type C (Visitable) Units of the American National 
  Standards Institute (ANSI) Standards for Accessible and Usable 
  Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future 
  revisions thereto.
  
  SEC. 4. ENFORCEMENT.
  
      (a) Requirement for Federal Financial Assistance.--Each applicant 
  for Federal financial assistance shall submit an assurance to the 
  Federal agency responsible for such assistance that all of its programs 
  and activities will be conducted in compliance with this Act.
      (b) Approval of Architectural and Construction Plans.--
              (1) Submission.--Any applicant for or recipient of Federal 
          financial assistance for a covered dwelling unit shall submit 
          for approval the architectural and construction plans for such 
          unit to 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 (in this 
          subsection referred to as the ``appropriate State or local 
          agency'').
              (2) Determination of compliance.--
                      (A) Enforcement actions.--The enforcement actions 
                  under this subparagraph are--
                              (i) reviewing any plans for a covered 
                          dwelling unit submitted pursuant to paragraph 
                          (1) and approving or disapproving such plans 
                          based upon compliance of the dwelling unit with 
                          the requirements of this Act; and
                              (ii) consistent with applicable State or 
                          local laws and procedures, withholding final 
                          approval of construction or occupancy of a 
                          covered dwelling unit unless and until such 
                          compliance is determined.
                      (B) Condition of federal housing assistance.--The 
                  Secretary of Housing and Urban Development may not 
                  provide any Federal financial assistance under any 
                  program administered by such Secretary to a State or 
                  unit of general local government (or any agency 
                  thereof) unless the appropriate State or local agency 
                  thereof is, in the determination of the Secretary, 
                  taking the enforcement actions under subparagraph (A).
      (c) Civil Action for Private Persons.--
              (1) Action.--Any person aggrieved by an act or omission 
          that is unlawful under this Act may commence a civil action in 
          an appropriate United States district court or State court 
          against any person or entity responsible for any part of the 
          design or construction of a covered dwelling unit no later than 
          two years after the occurrence or termination of the alleged 
          unlawful conduct under this Act.
              (2) Liability.--In any action under this subsection for a 
          violation involving architectural or construction plans for a 
          covered dwelling unit that were approved by the appropriate 
          State or local department or agency--
                      (A) if such approved plans violate this Act and any 
                  construction on such dwelling that violates this Act 
                  was performed in accordance with such approved plans, 
                  such State or local department or agency shall be 
                  liable for such construction in violation; and
                      (B) if such approved plans comply with this Act and 
                  any construction on such dwelling violates this Act, 
                  the person or entity responsible for the construction 
                  shall be liable for such construction in violation.
      (d) Enforcement by Attorney General.--Whenever the Attorney General 
  has reasonable cause to believe that any person or group of persons has 
  violated this Act, the Attorney General may commence a civil action in 
  any appropriate United States district court. The Attorney General may 
  also, upon timely application, intervene in any civil action brought 
  under subsection (c) by a private person if the Attorney General 
  certifies that the case is of general public importance.
      (e) Relief.--In any civil action brought under this section, if the 
  court finds that a violation of this title has occurred or is about to 
  occur, it may award to the plaintiff actual and punitive damages, and 
  subject to subsection (g), may grant as relief, as the court finds 
  appropriate, any permanent or temporary injunction, temporary 
  restraining order, or other order (including an order enjoining the 
  defendant from violating the Act or ordering such affirmative action as 
  may be appropriate).
      (f) Violations.--For purposes of this section, a violation 
  involving a covered dwelling unit that is not designed or constructed 
  in conformity with the requirements of this Act shall not be considered 
  to terminate until the violation is corrected.
      (g) Attorney's Fees.--In any civil action brought under this 
  section, the court, in its discretion, may allow the prevailing party, 
  other than the United States, a reasonable attorney's fee and costs.
      (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief 
  granted under this section shall not affect any contract, sale, 
  encumbrance, or lease consummated before the granting of such relief 
  and involving a bona fide purchaser, encumbrancer, or tenant, without 
  actual notice of a civil action under this title.
  
  SEC. 5. EFFECT ON STATE LAWS.
  
      Nothing in this Act shall be constructed to invalidate or limit any 
  law of a State or political subdivision of a State, or of any other 
  jurisdiction in which this Act shall be effective, that grants, 
  guarantees, or provides the same rights, protections, and requirements 
  as are provided by this Act, but any law of a State, a political 
  subdivision thereof, or other such jurisdiction that purports to 
  require or permit any action that would violate this Act shall to that 
  extent be invalid.
  
  SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.
  
      Nothing in this Act shall limit any right, procedure, or remedy 
  available under the Constitution or any other Act of the Congress.
  
  SEC. 7. SEVERABILITY OF PROVISIONS.
  
      If any provision of this Act of the application thereof to any 
  person or circumstances is held invalid, the remainder of the Act and 
  the application of the provision to other persons not similarly 
  situated shall not be affected thereby.
target: Eleanor Smith Inclusive Home Design Act of 2013 - Requires newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future revisions. Requires: (1) each applicant for federal financial assistance to submit compliance assurances to the relevant federal agency, and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for state or local approval. Prohibits federal financial assistance to a state or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a U.S. district court or state court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act.
feat_title: Eleanor Smith Inclusive Home Design Act of 2013