109 HR 3896 IH: Hurricane Katrina Emergency Relief CDBG Flexibility Act of 2005 U.S. House of Representatives 2005-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 3896 IN THE HOUSE OF REPRESENTATIVES September 26, 2005 Mr. Baker (for himself, Mr. Jefferson, Mr. Alexander, Mr. Boustany, and Mr. Jindal) introduced the following bill; which was referred to the Committee on Financial Services A BILL To temporarily suspend, for communities affected by Hurricane Katrina, certain requirements under the community development block grant program.

1.

Short title

This Act may be cited as the Hurricane Katrina Emergency Relief CDBG Flexibility Act of 2005.

2.

Suspension of public services cap

(a)

Units of general local government

(1)

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 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. (2)

Indirectly affected communities

For each indirectly affected community (as such term is defined in section 4 of this Act), the Secretary shall waive the applicability, for such period during the fiscal years referred to in paragraph (1) as the Secretary considers appropriate, 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 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.

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 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.

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 that is located in an area for which the President has declared a major disaster as a result of Hurricane Katrina. (2)

Indirectly affected community

The term indirectly affected community means a unit of general local government or area that— (A)is a metropolitan city or urban county (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 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 (including economic effects from the presence of persons evacuated from an area for which the President has declared a major disaster as a result of Hurricane Katrina). (3)

Secretary

The term Secretary means the Secretary of Housing and Urban Development.