[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3896 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3896
To temporarily suspend, for communities affected by Hurricane Katrina,
certain requirements under the community development block grant
program.
_______________________________________________________________________
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.
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.--
(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.
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 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 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.
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