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







109th CONGRESS
  1st Session
                                H. R. 3894

To provide for waivers under certain housing assistance programs of the 
   Department of Housing and Urban Development to assist victims of 
                Hurricane Katrina in obtaining housing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2005

Mr. Alexander (for himself, Mr. Baker, Mr. McCrery, Mr. Jefferson, Mr. 
Boustany, Mr. Jindal, and Mr. Melancon) introduced the following bill; 
       which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To provide for waivers under certain housing assistance programs of the 
   Department of Housing and Urban Development to assist victims of 
                Hurricane Katrina 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'') shall 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 resides, or resided on August 
        29, 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; and
            (2) the residence of the individual or family became 
        uninhabitable or inaccessible as result of that major disaster 
        or emergency.
    (b) Waiver of Eligibility Requirements.--The requirements described 
in this subseciton 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 for the use of any lease provision 
        that modifies, amends, or waives, or differs from, any 
        provision in a model lease issued by the Department of Housing 
        and Urban Development for use under the program under such 
        section 8(o); 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 authority of the Secretary to 
provide waivers pursuant to this section shall--
            (1) apply during the 6-month period beginning on the date 
        of enactment of this Act; and
            (2) extend for an additional 6 months after that period, 
        unless at that time the Secretary makes a determination that 
        assistance under this section is no longer needed.

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 or 3 of this Act due to the effects 
of Hurricane Katrina, the Secretary may--
            (1) directly administer any voucher program described in 
        such subsection or in section 2 or 3 of this Act; and
            (2) perform the functions assigned to a public housing 
        agency by such subsection or section 2 or 3 of this Act.

SEC. 4. WAIVERS FOR PROJECT-BASED SECTION 8 TO FACILITATE HOUSING OF 
              AFFECTED FAMILIES.

    (a) In General.--During the period specified under subsection (c), 
the Secretary of Housing and Urban Development (in this section 
referred to as the ``Secretary'') shall 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 described for any individual or family that meets the 
requirements of paragraphs (1) and (2) of section 2 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) sections 3(a), 8(a), and 8(c)(4) of such Act (42 U.S.C. 
        1437a(a), 1437f) relating to the income eligibility of 
        individuals to receive assistance;
            (3) section 8(k) of such Act, relating to verification of 
        income;
            (4) section 8(d)(1)(B)(i) of such Act, relating to the 
        requirement that leases shall be for a term of 1 year;
            (5) any requirement relating to initial inspection of 
        housing units by a public housing agency;
            (6) any regulation, notice, or order requiring prior 
        approval by the Secretary for the use of any lease provision 
        that modifies, amends, or waives, or differs from, any 
        provision in a model lease issued by the Department of Housing 
        and Urban Development for use under the program under this 
        subsection; and
            (7) 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 upon 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 the 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 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 TEMPORARY HOUSING.

    (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 
        can be used--
                    (A) to provide emergency housing; or
                    (B) as locations for the construction or deployment 
                of temporary housing units; 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.
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