[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5393 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5393
To provide for the Department of Housing and Urban Development to
coordinate Federal housing assistance efforts in the case of disasters
resulting in long-term housing needs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2006
Mr. Baker (for himself and Mr. Frank of Massachusetts) introduced the
following bill; which was referred to the Committee on Financial
Services, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the Department of Housing and Urban Development to
coordinate Federal housing assistance efforts in the case of disasters
resulting in long-term housing needs.
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 ``Natural Disaster Housing Reform Act
of 2006''.
SEC. 2. HUD AS LEAD AGENCY IN CASES OF DISASTERS RESULTING IN LONG-TERM
HOUSING NEEDS.
(a) In General.--It is the policy of the United States that the
Department of Housing and Urban Development shall be primary Federal
agency responsible for coordinating and administering housing
assistance in connection with any major disaster (as such term is
defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)) for any area that, pursuant
to section 408(b)(2) of such Act, is determined to be an area for which
such disaster will result in long-term housing needs.
(b) Consultation.--The Secretary of Housing and Urban Development
shall, in coordinating and administering housing assistance pursuant to
subsection (a), consult with the Secretary of Homeland Security, the
Director of the Federal Emergency Management Agency, and such other
heads of Federal agencies as may be appropriate.
(c) Use of Regional and Local Offices.--In coordinating and
administering housing assistance pursuant to subsection (a), the
Secretary of Housing and Urban Development shall utilize staff and
other resources of appropriate regional, field, and area offices of the
Department and consult and coordinate with appropriate State and local
housing agencies.
(d) Preparedness.--The Secretary of Housing and Urban Development
shall take such actions as may be necessary to ensure that officers and
staff of the Department at headquarters, regional, field, and area
offices at all times have the capability, capacity, training, and
resources necessary to carry out the responsibilities under subsection
(a).
(e) Housing Assistance.--For purposes of this section, the term
``housing assistance'' means any assistance that is provided to
individuals, families, or households to respond to disaster-related
housing needs of individuals, families, or households who are displaced
from their predisaster primary residences or whose predisaster primary
residences are rendered uninhabitable as a result of damage caused by a
major disaster pursuant to--
(1) the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)); or
(2) any other provision of law specifically providing funds
or assistance in connection with a major disaster.
Such term includes financial assistance, the provision of temporary,
transitional, and permanent housing units, assistance for repair,
replacement, and construction of housing units, technical assistance,
and any other form or type of housing assistance.
(f) Determination of Long-Term Housing Needs.--Section 408(b) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Determination of areas for which disaster results in
long-term housing needs.--
``(A) State request.--After the occurrence and
declaration of a major disaster, the Governor of a
State containing any area that is subject to the
declaration by the President of such major disaster may
request the President to determine, for all or any part
of such area in the State, that the disaster will
result in long-term housing needs.
``(B) Standard.--Upon a request pursuant to
subparagraph (A), the President shall determine whether
to grant such request. The President shall grant such a
request and determine that the major disaster will
result in long-term housing needs with respect to an
area if the President finds that the disaster will
displace individuals or households in the area from
their predisaster primary residences, or will render
such predisaster primary residences in the area
uninhabitable, for a period of 30 days or more.''.
(g) Conforming Amendment.--Section 408(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), as
amended by subsection (f) of this section, is further amended by adding
at the end the following new paragraph:
``(4) HUD administration.--In accordance with section 2 of
the Natural Disaster Housing Reform Act of 2006, in the case of
any area for which any major disaster is determined, pursuant
to paragraph (2), to result in long-term housing needs, the
President shall carry out the functions under this section
relating to housing assistance, including this subsection and
subsections (c) and (d), acting through the Secretary of
Housing and Urban Development.''.
(h) Savings Provision.--This section and the amendments made by
this section may not be construed to affect, alter, limit, or decrease
the authority of the Director of the Federal Emergency Management
Agency for the overall coordination of assistance and relief with
respect to a major disaster.
SEC. 3. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended--
(1) in subsection (b)--
(A) in paragraph (3) (as so redesignated by section
2(f)(1) of this Act), by adding at the end the
following:
``(C) Manufactured modular housing.--In making any
determination of cost effectiveness under subparagraph
(A), the President shall consider whether or not
manufactured modular housing can be provided to an
individual or household at a cost to the Government
that is less than the same cost necessary to provide
other readily fabricated dwellings.''; and
(B) by adding at the end the following new
paragraphs:
``(5) Consent of owner.--
``(A) In general.--Notwithstanding paragraph (2),
the President shall seek the consent of each individual
or household prior to providing such individual or
household with manufactured modular housing assistance.
``(B) Rejection of manufactured modular housing
assistance.--If an individual or household does not
provide consent under subparagraph (A), such individual
or household shall remain eligible for any other
assistance available under this section.
``(6) Owner contribution.--Nothing in this section shall be
construed to prevent an individual or household from
contributing, in addition to any assistance provided under this
section, such sums as are necessary in order to obtain
manufactured modular housing that is of greater size or quality
than that provided by the President under this section.'';
(2) in subsection (c)--
(A) in paragraph (1)(A)(ii), by inserting ``the
amount of any security deposit for the accomodation,
the amount of any utility fees associated with the
accomodation, and'' after ``plus'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``(i)'' and inserting ``(i)(I)'';
(II) by redesignating clause (ii)
as subparagraph (II); and
(III) by adding at the end the
following new clause:
``(ii) the repair, to a safe and sanitary
living or functioning condition, of existing
rental units that, upon such repair, will be
used as alternate housing accomodations for
individuals or households described in
paragraph (1).'';
(ii) in subparagraph (B)--
(I) by striking ``this paragraph''
and inserting ``subparagraph (A)(i)'';
and
(II) by inserting ``not'' after
``can''; and
(iii) in subparagraph (C), by striking
``this paragraph'' and inserting ``subparagraph
(A)(i)''; and
(C) in paragraph (4)--
(i) in the paragraph heading, by inserting
``or semi-permanent'' after ``Permanent'';
(ii) by inserting ``or semi-permanent''
after ``permanent'';
(iii) by striking ``in insular areas'' and
inserting the following: ``in--
``(A) insular areas'';
(iv) by striking ``(A) no alternative'' and
inserting ``(i) no alternative'' and adjusting
the margin accordingly;
(v) by striking ``(B)'' and inserting
``(ii)'' and adjusting the margin accordingly;
(vi) by striking the period at the end and
inserting ``; and''; and
(vii) by adding at the end the following:
``(B) any area in which the President declared a
major disaster or emergency in connection with
Hurricane Katrina of 2005 during the period beginning
on August 28, 2005, and ending on December 31, 2007.'';
(3) in subsection (d)(1), by adding at the end the
following:
``(C) Sites located in a floodplain.--
Notwithstanding any other provision of law, including
section 9 of title 44, Code of Federal Regulations (or
any corresponding similar regulation or ruling), any
permanent, semi-permanent, or temporary housing
provided under this section, including any readily
fabricated dwelling, manufactured housing, or
manufactured modular housing, may be located in any
area identified by the Director as an area having
special flood hazards under section 102 of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a)).
``(D) Individual sites for manufactured modular
housing.--Manufactured modular housing made available
under this section--
``(i) shall, whenever practicable, be
located on a site that is a discrete and
separate parcel of land; and
``(ii) may not be located on a site that--
``(I) is managed by the Director;
and
``(II) contains 3 or more other
manufactured modular housing units.'';
and
(4) by adding at the end the following:
``(j) Evacuation Plans.--The Director, in consultation with the
Governor of each State and the heads of such units of local government
as the Director may determine, shall develop and maintain detailed and
comprehensive mass evacuation plans for individuals or households
receiving assistance under this section for the 18-month period
beginning on the date of the declaration of the disaster for which such
assistance is provided.''.
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