[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3889 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3889

 To enhance housing and emergency assistance to victims of Hurricanes 
       Katrina, Rita, and Wilma of 2005, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2006

 Mr. Feingold introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To enhance housing and emergency assistance to victims of Hurricanes 
       Katrina, Rita, and Wilma of 2005, and for other purposes.

    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 ``Gulf Coast Housing Accessibility Act 
of 2006''.

SEC. 2. PROJECT-BASED VOUCHERS.

    (a) In General.--The Secretary of Housing and Urban Development (in 
this Act referred to as the ``Secretary'') shall allocate additional 
assistance for project-based housing vouchers under section 8(o)(13) of 
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) for 
individuals and households located within the area in which assistance 
to individuals has been authorized by the President under a declaration 
of a major disaster under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, as a consequence of Hurricane Katrina, Rita, 
or Wilma of 2005.
    (b) Authorized Uses.--The Secretary shall make funds available 
under this section for project-based vouchers used to support--
            (1) affordable housing in repaired or rebuilt housing that 
        has been damaged or destroyed as a consequence of Hurricane 
        Katrina, Rita, or Wilma of 2005; or
            (2) to support affordable housing in new housing structures 
        in the affected areas created under the low income housing tax 
        credit under section 42 or section 1400N(c) of the Internal 
        Revenue Code of 1986.
    (c) Funds.--
            (1) In general.--Of amounts authorized under this section, 
        funds shall be made available for 4,500 project-based vouchers 
        for--
                    (A) support of housing units for persons, including 
                adults and children, with disabilities;
                    (B) elderly families; and
                    (C) individuals and families who were homeless 
                prior to the occurrence of the disaster.
            (2) Definitions.--As used in this subsection:
                    (A) Disability.--The term ``disability'' has the 
                same meaning as in section 422(2) of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11382(2)).
                    (B) Homeless.--The term ``homeless'' has the same 
                meaning as the term ``homeless children and youths'' as 
                defined in section 725(2) of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11434a(2)), except 
                that such term shall also include any adult individual 
                who is homeless.
    (d) Requests for Assistance.--The Secretary shall award the 
project-based vouchers authorized under this section to a State agency 
designated by the Governor of the State, upon submission of a request 
to the Secretary, in such form and containing such information as the 
Secretary may require. If a State agency is unable to provide such a 
request, a local housing agency may submit the request for funds to 
implement project-based vouchers under this section. If a State agency 
enters into an agreement with 1 or more local housing agencies to 
transfer the administration of vouchers after commitment to a 
particular development, the Secretary shall make the appropriate 
transfer.
    (e) Exemption From Certain Limitations.--The limitation provided 
for in section 8(o)(13)(B) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(13)(B)) shall not apply to the project-based vouchers 
allocated and administered under this section.
    (f) Authorization of Funds.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary $200,000,000 for purposes of allocating and 
        administering project-based assistance under section 8(o)(13) 
        of the United States Housing Act of 1937 (42 U.S.C. 
        1437f(o)(13)), which shall remain available until expended.
            (2) Purpose.--Such funds are authorized for the purpose of 
        ensuring that 25 percent of the units created, repaired, or 
        refurbished under the low income housing tax credit under 
        section 42 or section 1400N(c) of the Internal Revenue Code of 
        1986, are affordable to very low-income and extremely low-
        income individuals and households.
    (g) Effective Date.--This section shall become effective upon 
appropriation of the necessary funds to carry out this section.
    (h) Offset.--Section 843(a) of title 18, United states Code, is 
amended by--
            (1) inserting ``(1)'' after ``(a)''; and
            (2) adding at the end the following:
    ``(2) The Attorney General shall collect a user fee from each 
licensee under this section of $0.02 per pound for any commercial, non-
military explosive material manufactured in or imported into the United 
States by that licensee.''.

SEC. 3. FEMA HOUSING ASSISTANCE.

    (a) Amendments to Stafford Disaster Relief and Emergency Assistance 
Act.--Section 408(c)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)(1)) is amended--
            (1) in the paragraph heading, by inserting ``semipermanent, 
        and permanent'' after ``temporary''; and
            (2) in subparagraph (B)
                    (A) in clause (i)--
                            (i) by inserting ``semipermanent, and 
                        permanent'' after ``temporary''; and
                            (ii) by inserting ``subject to certain 
                        conditions outlined below'' after ``units'';
                    (B) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively; and
                    (C) by inserting after clause (i) the following:
                            ``(ii) Conditions for providing temporary, 
                        semipermanent, and permanent housing units.--
                                    ``(I) In general.--When determining 
                                whether to provide temporary, 
                                semipermanent, or permanent housing 
                                under clause (i), the President shall 
                                examine certain conditions, including--
                                            ``(aa) the relative cost 
                                        efficiency of providing the 
                                        housing units;
                                            ``(bb) the likelihood that 
                                        individuals and families will 
                                        be living in Federal Emergency 
                                        Management Agency (in this 
                                        subparagraph referred to as 
                                        `FEMA') assisted housing longer 
                                        than 3 to 6 months, due to the 
                                        scope of the disaster where 
                                        individuals and households are 
                                        located;
                                            ``(cc) the potential 
                                        benefits of providing housing 
                                        that will help to restore 
                                        permanent housing stock lost as 
                                        a result of the disaster; and
                                            ``(dd) any other conditions 
                                        that the President deems 
                                        necessary to examine, depending 
                                        on the scope of the disaster 
                                        and the subsequent rebuilding 
                                        and recovery process.
                                    ``(II) Meeting needs.--When 
                                providing temporary, semipermanent, or 
                                permanent housing units under clause 
                                (i), the President shall ensure that--
                                            ``(aa) an adequate share of 
                                        the housing units will be 
                                        deployed to meet the needs of 
                                        predisaster renters, especially 
                                        low-income households;
                                            ``(bb) that the deployment 
                                        of the housing units will 
                                        minimize the concentration of 
                                        poverty;
                                            ``(cc) that an adequate 
                                        share of the housing units is 
                                        accessible for persons with 
                                        disabilities, as that term is 
                                        defined in section 422(2) of 
                                        the McKinney-Vento Homeless 
                                        Assistance Act (42 U.S.C. 
                                        11382(2)); and
                                            ``(dd) the housing units 
                                        will be placed within a 
                                        reasonable distance from needed 
                                        services, such as access to 
                                        transportation, employment 
                                        opportunities, health care 
                                        facilities, schools, day care 
                                        services, and financial and 
                                        employment counseling.''.
    (b) Effective Date.--This section and the amendments made by this 
section shall apply with respect to individuals and households 
affected--
            (1) by a disaster to which section 408(c)(1) of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5174(c)(1)) would otherwise apply, occurring on or after 
        the date of enactment of this Act; and
            (2) by the consequences of Hurricanes Katrina, Rita, and 
        Wilma of 2005.

SEC. 4. TRANSFER OF TEMPORARY RENTAL ASSISTANCE.

    (a) In General.--The Director of the Federal Emergency Management 
Agency (in this section referred to as the ``Director'' and ``FEMA'', 
respectively) shall enter into a mission assignment with the Secretary 
to transfer adequate funds from FEMA Disaster Relief Funds into the 
Disaster Voucher Program at the Department of Housing and Urban 
Development in order to fully implement subsection (b).
    (b) Transfers.--The Director shall ensure that the following 
individuals and households are transferred into the Disaster Voucher 
Program:
            (1) Individuals and households receiving assistance through 
        FEMA's transitional housing program authorized under section 
        408 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5174) .
            (2) Individuals and households receiving assistance 
        through--
                    (A) rental assistance programs administered through 
                State and local voucher programs that receive 
                reimbursement from FEMA; or
                    (B) any other program authorized under section 403 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170b).
    (c) State and Local Governments.--FEMA shall work with State and 
local governments, as well as private entities providing services, to 
ensure that proper notice and assistance is provided to individuals and 
households, while the transfer under this section is completed.
    (d) Opt-Out Provision.--Individuals and families receiving FEMA 
housing assistance under subsection (b) may opt-out of the transfer to 
the Disaster Voucher Program authorized in subsection (a).
    (e) Applicability.--This section shall apply with respect to 
individuals and households affected--
            (1) by a disaster occurring on or after the date of 
        enactment of this Act; and
            (2) by the consequences of Hurricanes Katrina, Rita, and 
        Wilma of 2005.
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