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.
(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
(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.
END
