H.R. 5393 – Reading Mode

109th CONGRESS

2d Session

H. R. 5393

IN THE HOUSE OF REPRESENTATIVES

May 16, 2006

Mr. Baker (for himself and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for the Department of Housing and Urban Development to coordinate Federal housing assistance efforts in the case of disasters resulting in long-term housing needs.

Short title

This Act may be cited as the Natural Disaster Housing Reform Act of 2006.

HUD as lead agency in cases of disasters resulting in long-term housing needs

(a)

In general

It is the policy of the United States that the Department of Housing and Urban Development shall be primary Federal agency responsible for coordinating and administering housing assistance in connection with any major disaster (as such term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) for any area that, pursuant to section 408(b)(2) of such Act, is determined to be an area for which such disaster will result in long-term housing needs.

(b)

Consultation

The Secretary of Housing and Urban Development shall, in coordinating and administering housing assistance pursuant to subsection (a), consult with the Secretary of Homeland Security, the Director of the Federal Emergency Management Agency, and such other heads of Federal agencies as may be appropriate.

(c)

Use of regional and local offices

In coordinating and administering housing assistance pursuant to subsection (a), the Secretary of Housing and Urban Development shall utilize staff and other resources of appropriate regional, field, and area offices of the Department and consult and coordinate with appropriate State and local housing agencies.

(d)

Preparedness

The Secretary of Housing and Urban Development shall take such actions as may be necessary to ensure that officers and staff of the Department at headquarters, regional, field, and area offices at all times have the capability, capacity, training, and resources necessary to carry out the responsibilities under subsection (a).

(e)

Housing assistance

For purposes of this section, the term housing assistance means any assistance that is provided to individuals, families, or households to respond to disaster-related housing needs of individuals, families, or households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable as a result of damage caused by a major disaster pursuant to—

(1)

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)); or

(2)

any other provision of law specifically providing funds or assistance in connection with a major disaster.

Such term includes financial assistance, the provision of temporary, transitional, and permanent housing units, assistance for repair, replacement, and construction of housing units, technical assistance, and any other form or type of housing assistance.

(f)

Determination of long-term housing needs

Section 408(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended—

(1)

by redesignating paragraph (2) as paragraph (3); and

(2)

by inserting after paragraph (1) the following new paragraph:

(2)

Determination of areas for which disaster results in long-term housing needs

(A)

State request

After the occurrence and declaration of a major disaster, the Governor of a State containing any area that is subject to the declaration by the President of such major disaster may request the President to determine, for all or any part of such area in the State, that the disaster will result in long-term housing needs.

(B)

Standard

Upon a request pursuant to subparagraph (A), the President shall determine whether to grant such request. The President shall grant such a request and determine that the major disaster will result in long-term housing needs with respect to an area if the President finds that the disaster will displace individuals or households in the area from their predisaster primary residences, or will render such predisaster primary residences in the area uninhabitable, for a period of 30 days or more.

(g)

Conforming amendment

Section 408(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), as amended by subsection (f) of this section, is further amended by adding at the end the following new paragraph:

(4)

HUD administration

In accordance with section 2 of the Natural Disaster Housing Reform Act of 2006, in the case of any area for which any major disaster is determined, pursuant to paragraph (2), to result in long-term housing needs, the President shall carry out the functions under this section relating to housing assistance, including this subsection and subsections (c) and (d), acting through the Secretary of Housing and Urban Development.

(h)

Savings provision

This section and the amendments made by this section may not be construed to affect, alter, limit, or decrease the authority of the Director of the Federal Emergency Management Agency for the overall coordination of assistance and relief with respect to a major disaster.

Federal assistance to individuals and households

Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended—

(1)

in subsection (b)—

(A)

in paragraph (3) (as so redesignated by section 2(f)(1) of this Act), by adding at the end the following:

(C)

Manufactured modular housing

In making any determination of cost effectiveness under subparagraph (A), the President shall consider whether or not manufactured modular housing can be provided to an individual or household at a cost to the Government that is less than the same cost necessary to provide other readily fabricated dwellings.

; and

(B)

by adding at the end the following new paragraphs:

(5)

Consent of owner

(A)

In general

Notwithstanding paragraph (2), the President shall seek the consent of each individual or household prior to providing such individual or household with manufactured modular housing assistance.

(B)

rejection of manufactured modular housing assistance

If an individual or household does not provide consent under subparagraph (A), such individual or household shall remain eligible for any other assistance available under this section.

(6)

Owner contribution

Nothing in this section shall be construed to prevent an individual or household from contributing, in addition to any assistance provided under this section, such sums as are necessary in order to obtain manufactured modular housing that is of greater size or quality than that provided by the President under this section.

;

(2)

in subsection (c)—

(A)

in paragraph (1)(A)(ii), by inserting the amount of any security deposit for the accomodation, the amount of any utility fees associated with the accomodation, and after plus;

(B)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

in clause (i), by striking (i) and inserting (i)(I);

(II)

by redesignating clause (ii) as subparagraph (II); and

(III)

by adding at the end the following new clause:

(ii)

the repair, to a safe and sanitary living or functioning condition, of existing rental units that, upon such repair, will be used as alternate housing accomodations for individuals or households described in paragraph (1).

;

(ii)

in subparagraph (B)—

(I)

by striking this paragraph and inserting subparagraph (A)(i); and

(II)

by inserting not after can; and

(iii)

in subparagraph (C), by striking this paragraph and inserting subparagraph (A)(i); and

(C)

in paragraph (4)—

(i)

in the paragraph heading, by inserting or semi-permanent after Permanent;

(ii)

by inserting or semi-permanent after permanent;

(iii)

by striking in insular areas and inserting the following: “in—

(A)

insular areas

;

(iv)

by striking (A) no alternative and inserting (i) no alternative and adjusting the margin accordingly;

(v)

by striking (B) and inserting (ii) and adjusting the margin accordingly;

(vi)

by striking the period at the end and inserting ; and; and

(vii)

by adding at the end the following:

(B)

any area in which the President declared a major disaster or emergency in connection with Hurricane Katrina of 2005 during the period beginning on August 28, 2005, and ending on December 31, 2007.

;

(3)

in subsection (d)(1), by adding at the end the following:

(C)

Sites located in a floodplain

Notwithstanding any other provision of law, including section 9 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling), any permanent, semi-permanent, or temporary housing provided under this section, including any readily fabricated dwelling, manufactured housing, or manufactured modular housing, may be located in any area identified by the Director as an area having special flood hazards under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)).

(D)

Individual sites for manufactured modular housing

Manufactured modular housing made available under this section—

(i)

shall, whenever practicable, be located on a site that is a discrete and separate parcel of land; and

(ii)

may not be located on a site that—

(I)

is managed by the Director; and

(II)

contains 3 or more other manufactured modular housing units.

; and

(4)

by adding at the end the following:

(j)

Evacuation plans

The Director, in consultation with the Governor of each State and the heads of such units of local government as the Director may determine, shall develop and maintain detailed and comprehensive mass evacuation plans for individuals or households receiving assistance under this section for the 18-month period beginning on the date of the declaration of the disaster for which such assistance is provided.