[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3894 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 3894

_______________________________________________________________________

                                 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:

                                                                 Clerk.
109th CONGRESS

  1st Session

                               H. R. 3894

_______________________________________________________________________

                                 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.