[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.