[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3894 Referred in Senate (RFS)]
109th CONGRESS
1st Session
H. R. 3894
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 6, 2005
Received
October 25, 2005
Read twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
AN ACT
To provide for waivers under certain housing assistance programs of the
Department of Housing and Urban Development to assist victims of
Hurricane Katrina and Hurricane Rita in obtaining housing.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Emergency Housing
Act of 2005''.
SEC. 2. WAIVERS FOR SECTION 8 VOUCHER PROGRAM.
(a) In General.--The Secretary of Housing and Urban Development (in
this section referred to as the ``Secretary'') may, for all or any part
of the period specified under subsection (c), waive any of the
requirements described in subsection (b) in the connection with the
provision of assistance under section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) on behalf of an individual or family
if--
(1) the individual or family--
(A) resides or resided, on August 25, 2005, in any
area that is subject to a declaration by the President
of a major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) in connection with Hurricane
Katrina; or
(B) resides or resided, on September 24, 2005, in
any area that is subject to a declaration by the
President of a major disaster or emergency under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in connection
with Hurricane Rita;
(2) the residence of the individual or family became
uninhabitable or inaccessible as result of such major disaster
or emergency; and
(3) as of the date referred to in paragraph (1), as
applicable, rental assistance under such section 8(o) was
provided on behalf of such individual or family.
(b) Waiver of Eligibility Requirements.--The requirements described
in this subsection are the requirements under--
(1) paragraph (2) of section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(2)), relating to tenant
contributions towards rent, except that any such waiver shall
expire on an individual's return to work;
(2) paragraph (4) of such section 8(o), relating to the
eligibility of individuals to receive assistance;
(3) subsection (k) of such section 8 and paragraph (5) of
such section 8(o), relating to verification of income;
(4) paragraph (7)(A) of such section 8(o), relating to the
requirement that leases shall be for a term of 1 year;
(5) paragraph (8) of such section 8(o), relating to initial
inspection of housing units by a public housing agency;
(6) subsection (r)(1)(B) of such section 8, relating to
restrictions on portability;
(7) any regulation, notice, or order requiring prior
approval by the Secretary with respect to any addendum to the
model lease that permits lease terminations in the event that a
tenant--
(A) was not eligible for assistance at the time of
lease approval;
(B) would not have been eligible for assistance if
a criminal background check had been completed prior to
lease approval; or
(C) would not have met that landlord's screening
criteria with respect to rent or credit history if a
full a screening had been completed prior to lease
approval; and
(8) any regulation or Executive Order providing for access
to Federally funded programs by eligible persons having limited
English proficiency.
(c) Termination of Authority.--The period specified under this
subsection is the 12-month period beginning on the date of the
enactment of this Act., unless before the expiration of the 6-month
period beginning on such date of enactment the Secretary makes a
determination that waivers under this section are no longer needed, in
which case the period specified under this subsection is the 6-month
period beginning on such date of enactment.
SEC. 3. AUTHORITY OF THE SECRETARY TO DIRECTLY ADMINISTER VOUCHERS WHEN
PHAS ARE UNABLE TO DO SO.
If the Secretary of Housing and Urban Development determines that a
public housing agency is unable to implement the provisions of
subsection (o) of section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) or section 2 of this Act due to the effects of
Hurricane Katrina or Hurricane Rita, the Secretary may--
(1) directly administer any voucher program described in
such subsection or in section 2 of this Act; and
(2) perform the functions assigned to a public housing
agency by such subsection or section 2 of this Act.
SEC. 4. WAIVERS FOR PROJECT-BASED SECTION 8 TO FACILITATE HOUSING OF
AFFECTED FAMILIES.
(a) In General.--For all or part of the period specified under
subsection (c), the Secretary of Housing and Urban Development (in this
section referred to as the ``Secretary'') may waive the applicability
of any of the requirements described subsection (b) with respect to any
housing provided project-based assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) for any individual or
family that meets the requirements of paragraphs (1) and (2) of section
2(a) of this Act.
(b) Provisions Waived.--The requirements described in this
subsection are--
(1) section 3(a) of the United States Housing Act of 1937
(42 U.S.C. 1437a(a)), relating to tenant contributions towards
rent, except that any such waiver shall expire on an
individual's return to work;
(2) section 8(k) of such Act, relating to verification of
income;
(3) section 8(d)(1)(B)(i) of such Act, relating to the
requirement that leases shall be for a term of 1 year;
(4) any requirement relating to initial inspection of
housing units by a public housing agency;
(5) any regulation, notice, or order requiring prior
approval by the Secretary with respect to any addendum to the
model lease that permits lease terminations in the event that a
tenant--
(A) was not eligible for assistance at the time of
lease approval;
(B) would not have been eligible for assistance if
a criminal background check had been completed prior to
lease approval; or
(C) would not have met that landlord's screening
criteria with respect to rent or credit history if a
full a screening had been completed prior to lease
approval; and
(6) any regulation or Executive Order providing for access
to Federally funded programs by eligible persons having limited
English proficiency.
(c) Termination.--The period specified under this subsection is the
12-month period beginning on the date of the enactment of this Act.,
unless before the expiration of the 6-month period beginning on such
date of enactment the Secretary makes a determination that waivers
under this section are no longer needed, in which case the period
specified under this subsection is the 6-month period beginning on such
date of enactment.
SEC. 5. PRESERVATION OF PROJECT-BASED SECTION 8 HOUSING ASSISTANCE
PAYMENTS CONTRACTS FOR DAMAGED OR DESTROYED HOUSING
UNITS.
Notwithstanding any other provision of law, a project-based housing
assistance payments contract entered into pursuant to section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) covering a project
damaged or destroyed by Hurricane Katrina or Hurricane Rita shall not
expire or be terminated because of the damage or destruction of
dwelling units in the project. The expiration date of the contract
shall be deemed to be the later of the date specified in the contract
or a date ending three months after the units are first made habitable.
SEC. 6. REPORT ON INVENTORY OF AVAILABILITY OF FACILITIES AND
PROPERTIES FOR HOUSING USE.
(a) Compiling of Inventory.--Not later than 20 days after the date
of the enactment of this Act--
(1) the Secretary of Housing and Urban Development, the
Secretary of Defense, the Administrator of the General Services
Administration, the Secretary of Agriculture, the Secretary of
Veterans Affairs, and such other agency heads as the Secretary
of Housing and Urban Development determines appropriate, and
the Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation, shall compile an inventory of
Federal civilian and defense facilities (or, in the case of the
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation, properties held by such entities) that--
(A) identifies such facilities and properties that
can be used--
(i) to provide emergency housing;
(ii) as locations for the construction or
deployment of temporary housing units; or
(iii) to provide permanent housing; and
(B) for each such facility and property included,
identifies the appropriate use or uses under clauses
(i) through (iii) of subparagraph (A); and
(2) each such agency head and entity shall submit the
inventory compiled pursuant to paragraph (1) to the Secretary
of Housing and Urban Development.
(b) Report to Congress.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Housing and Urban
Development shall compile and submit to the Congress an aggregate
inventory comprised of the inventory compiled by the Secretary pursuant
to subsection (a) and all the inventories submitted to the Secretary
pursuant to such subsection.
SEC. 7. GAO REPORT ON STATE EMERGENCY HOUSING PLANS.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
to the Congress--
(1) identifying any States that have developed emergency
housing contingency plans for use in the event of a disaster;
(2) describing such plans; and
(3) assessing the effectiveness of such plans.
Passed the House of Representatives October 6, 2005.
Attest:
JEFF TRANDAHL,
Clerk.