[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3896 Referred in Senate (RFS)]
109th CONGRESS
1st Session
H. R. 3896
_______________________________________________________________________
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 temporarily suspend, for communities affected by Hurricane Katrina
or Hurricane Rita, certain requirements under the community development
block grant program.
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 Relief
CDBG Flexibility Act of 2005''.
SEC. 2. SUSPENSION OF PUBLIC SERVICES CAP.
(a) Units of General Local Government and Indian Tribes.--
(1) Suspension for directly affected communities.--The
percentage limitations under paragraph (8) of section 105(a) of
the Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)(8)) on the amount of assistance under title I of such
Act that may be used for the provision of public services by a
unit of general local government or Indian tribe that is, or is
within, a directly affected community (as such term is defined
in section 4 of this Act) shall not apply with respect to any
of fiscal years 2005 through 2008 for such unit of general
local government or Indian tribe.
(2) Authority to suspend for indirectly affected
communities.--For any indirectly affected community (as such
term is defined in section 4 of this Act), the Secretary may
waive the applicability, for such period during the fiscal
years referred to in paragraph (1) as the Secretary considers
appropriate, of the percentage limitations under paragraph (8)
of section 105(a) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5305(a)(8)) on the amount of assistance
under title I of such Act that may be used for the provision of
public services by a unit of general local government or Indian
tribe that is, or is within, such indirectly affected
community. In determining the period for which to waive such
limitations, the Secretary shall take into consideration the
specific economic circumstances of each such indirectly
affected community.
(b) Nonentitlement Communities.--Assistance provided under title I
of the Housing and Community Development Act of 1974 may be used for
the provision of public services in any directly affected community (as
such term is defined in section 4 of this Act) without regard to the
percentage limitations under paragraph (8) of section 105(a) of such
Act (42 U.S.C. 5305(a)(8)) on the amount of assistance that may be used
statewide in nonentitlement communities for such activities and any
such amounts so used in any directly affected community shall not be
considered for purposes of such statewide limitations.
SEC. 3. SUSPENSION OF PUBLIC HEARING REQUIREMENT.
(a) In General.--The Secretary shall, with respect to a grant under
section 106 of the Housing and Community Development Act of 1974 (42
U.S.C. 5306) for fiscal year 2006 for any unit of general local
government or Indian tribe that is, or is located in, a directly
affected community, waive or specify alternative requirements for the
public hearing requirements specified under subsection (b).
(b) Public Hearing Requirements.--The public hearing requirements
specified under this subsection are--
(1) the requirement under section 104(a)(2)(C) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5304(a)(2)(C)) to hold public hearings;
(2) the requirements under subparagraphs (D) and (F) of
section 104(a)(3) of such Act to make certifications in the
detailed citizenship participation plan regarding public
hearings; and
(3) any requirement pursuant to section 106(d)(7)(C) of
such Act (42 U.S.C. 5306(d)(7)(C)) to hold public hearings.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Directly affected community.--The term ``directly
affected community'' means a unit of general local government
or area for which the President has declared a major disaster
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in connection with
Hurricane Katrina or Hurricane Rita.
(2) Indirectly affected community.--The term ``indirectly
affected community'' means a unit of general local government
or area that--
(A) is a metropolitan city, urban county, or Indian
tribe (as such terms are defined in section 102(a) of
the Housing and Community Development Act of 1974 (42
U.S.C. 5304(a));
(B) is not, and is not within, a directly affected
community; and
(C) is determined by the Secretary of Housing and
Urban Development to have been significantly affected
economically by the occurrence of Hurricane Katrina or
Hurricane Rita (including economic effects from the
presence of persons evacuated from an area for which
the President has declared a major disaster in
connection with Hurricane Katrina or Hurricane Rita).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
Passed the House of Representatives October 6, 2005.
Attest:
JEFF TRANDAHL,
Clerk.